International Energy Charter Annual Report 2019

INTERNATIONAL ENERGY CHARTER ANNUAL REPORT 2019

Albanian Chairmanship of the Energy Charter Conference

TABLE OF CONTENTS

Members and Observers of the Energy Charter Conference ...... 4

Foreword ...... 6

Who We Are ...... 7

Albanian Chairmanship of the Energy Charter Conference ...... 8

30th Meeting of the Energy Charter Conference ...... 9

Strategy Group ...... 10

Subgroup on Modernisation and Modernisation Group ...... 11

Implementation Group ...... 12

Technical Subgroup on Transit ...... 13

2019 Edition of the Energy Investment Risk Assessment Report ...... 14

Budget Committee ...... 16

Legal Advisory Committee ...... 17

Conflict Management and Dispute Settlement ...... 18

Industry Advisory Panel ...... 21

Statistics of Cases Under the Energy Charter Treaty ...... 22

EU4Energy Governance in Armenia, Azerbaijan and Belarus ...... 24

Consolidation Expansion Outreach (CONEXO) ...... 26

Knowledge Centre ...... 28

International Energy Charter Forums ...... 29

Publications released in 2019 ...... 30

Organigram of the Organisation ...... 32

Worked at the Secretariat in 2019 ...... 35

Structure of the Organisation 2019 ...... 36

Structure of the Organisation for 2020 ...... 37

Further Information ...... 39

ANNUAL REPORT 2019 3 MEMBERS AND OBSERVERS OF THE ENERGY CHARTER CONFERENCE as of 1 March 2020 OBSERVERS (42) Country EEC IEC MEMBERS (56) INTERNATIONAL ENERGY CHARTER 2015 (91) Bangladesh 2015 Sig Rat EEC IEC Country Benin 2015 2013 2006 2015 Afghanistan Burkina Faso 2017 1994 1997 1991 2015 Albania Burundi 2015 2015 1994 1997 1991 2015 Armenia Cambodia 2015 1994 1991 Australia EUROPEAN ENERGY CHARTER 1991 (70) Canada 1991 1994 1997 1991 2015 Austria Chad 2015 2015 1994 1997 1991 2018 Azerbaijan Chile 2015 1994 1991 2015 Belarus ENERGY CHARTER TREATY 1994 (56) China 2015 1994 1998 1991 2015 Belgium Colombia 2015 1995 2001 1995 2016 Bosnia and Herzegovina EAC 2016 1994 1996 1991 2015 Bulgaria ECCAS 2016 1994 1997 1993 2015 Croatia ECOWAS 2015 1994 1998 1991 2015 Cyprus Eswatini 2015 1995 1996 1993 2015 Czech Repulic G5 Sahel 2016 1994 1997 1991 2015 Denmark Gambia 2017 1994 1998 1992 2015 Estonia Guatemala 2016 1994 1998 1991 2015 European Union Guyana 2018 1994 1998 1991 2015 EURATOM Indonesia 2009 1994 1997 1991 2015 Finland Iran 2016 1994 1999 1991 2015 France Iraq 2016 1994 1995 1991 2015 Georgia Italy 1991 2015 1994 1997 1991 2015 Germany Kenya 2017 1994 1997 1991 2015 Greece Mali 2017 1995 1998 1991 2015 Hungary Mauritania 2014 2015 1994 2015 1991 Iceland Morocco 2012 2015 1994 1999 1991 2015 Ireland Niger 2015 2015 1995 2002 1991 2015 Japan Nigeria 2017 2018 2007 2015 Jordan Pakistan 2005 2015 1994 1995 1991 2015 Kazakhstan Palestine 2014 2015 1994 1997 1992 2015 Kyrgyzstan Panama 2017 1994 1995 1991 2015 Latvia Rwanda 2016 A Senegal 2016 1994 1997 1991 2015 Liechtenstein CC Serbia 2001 2015 1995 1998 1992 2015 Lithuania E D I Sierra Leone 2018 1994 1997 1991 2015 Luxemburg N 1994 2001 1991 2015 Malta G South Korea 2015 C 1994 1996 1992 2015 Moldova OU Syria 2010 1999 1997 2015 Mongolia N NATORIES Tanzania 2015 T SIG 2015 2012 2015 Montenegro R CT UAE 2017 IE E S Uganda 2019 2015 1994 1997 1991 2015 Netherlands 1998 1996 2015 North Macedonia USA 1991 2015 1995 1991 2015 Norway Vietnam 2018 1994 2000 1991 2015 Poland 1994 1997 1991 2015 Portugal 1994 1996 1991 2015 Romania INTERNATIONAL ORGANISATIONS WITH OBSERVER STATUS 1994 1991 Russian Federation (by decision of the Energy Charter Conference): 1994 1995 1993 2015 Slovakia 1994 1997 1992 2015 Slovenia

1994 1997 1991 2015 Spain Association of Southeast Baltic Sea Region Black Sea Economic CIS Electric 1994 1997 1991 2015 Sweden Asian Nations Energy Cooperation Cooperation Power Council 1994 1996 1991 2015 Switzerland 1994 1997 1991 Tajikistan 1994 2001 1991 2015 Turkey Economic Cooperation European Bank for International Atomic International International Renewable 1994 1997 1994 2015 Turkmenistan Organization Reconstruction and Development Energy Agency Energy Agency Energy Agency 1994 1998 1991 2015 Ukraine 1994 1996 1991 2015 United Kingdom 1995 1995 1991 2015 Uzbekistan Organisation for Economic United Nations Economic The World Bank World Trade 2018 2014 2015 Yemen Co-operation and Development Commission for Europe Organisation MEMBERS AND OBSERVERS OF THE ENERGY CHARTER CONFERENCE as of 1 March 2020 OBSERVERS (42) Country EEC IEC MEMBERS (56) INTERNATIONAL ENERGY CHARTER 2015 (91) Bangladesh 2015 Sig Rat EEC IEC Country Benin 2015 2013 2006 2015 Afghanistan Burkina Faso 2017 1994 1997 1991 2015 Albania Burundi 2015 2015 1994 1997 1991 2015 Armenia Cambodia 2015 1994 1991 Australia EUROPEAN ENERGY CHARTER 1991 (70) Canada 1991 1994 1997 1991 2015 Austria Chad 2015 2015 1994 1997 1991 2018 Azerbaijan Chile 2015 1994 1991 2015 Belarus ENERGY CHARTER TREATY 1994 (56) China 2015 1994 1998 1991 2015 Belgium Colombia 2015 1995 2001 1995 2016 Bosnia and Herzegovina EAC 2016 1994 1996 1991 2015 Bulgaria ECCAS 2016 1994 1997 1993 2015 Croatia ECOWAS 2015 1994 1998 1991 2015 Cyprus Eswatini 2015 1995 1996 1993 2015 Czech Repulic G5 Sahel 2016 1994 1997 1991 2015 Denmark Gambia 2017 1994 1998 1992 2015 Estonia Guatemala 2016 1994 1998 1991 2015 European Union Guyana 2018 1994 1998 1991 2015 EURATOM Indonesia 2009 1994 1997 1991 2015 Finland Iran 2016 1994 1999 1991 2015 France Iraq 2016 1994 1995 1991 2015 Georgia Italy 1991 2015 1994 1997 1991 2015 Germany Kenya 2017 1994 1997 1991 2015 Greece Mali 2017 1995 1998 1991 2015 Hungary Mauritania 2014 2015 1994 2015 1991 Iceland Morocco 2012 2015 1994 1999 1991 2015 Ireland Niger 2015 2015 1995 2002 1991 2015 Japan Nigeria 2017 2018 2007 2015 Jordan Pakistan 2005 2015 1994 1995 1991 2015 Kazakhstan Palestine 2014 2015 1994 1997 1992 2015 Kyrgyzstan Panama 2017 1994 1995 1991 2015 Latvia Rwanda 2016 A Senegal 2016 1994 1997 1991 2015 Liechtenstein CC Serbia 2001 2015 1995 1998 1992 2015 Lithuania E D I Sierra Leone 2018 1994 1997 1991 2015 Luxemburg N 1994 2001 1991 2015 Malta G South Korea 2015 C 1994 1996 1992 2015 Moldova OU Syria 2010 1999 1997 2015 Mongolia N NATORIES Tanzania 2015 T SIG 2015 2012 2015 Montenegro R CT UAE 2017 IE E S Uganda 2019 2015 1994 1997 1991 2015 Netherlands 1998 1996 2015 North Macedonia USA 1991 2015 1995 1991 2015 Norway Vietnam 2018 1994 2000 1991 2015 Poland 1994 1997 1991 2015 Portugal 1994 1996 1991 2015 Romania INTERNATIONAL ORGANISATIONS WITH OBSERVER STATUS 1994 1991 Russian Federation (by decision of the Energy Charter Conference): 1994 1995 1993 2015 Slovakia 1994 1997 1992 2015 Slovenia

The energy landscape has changed remark- As we begin 2020, it is necessary to look back ably in the last thirty years, and along with it, and reflect on the progress and contribu- the priorities of national governments around tions of the past twelve months. In 2019, the the globe. In the evolving world of energy, Chairmanship of Albania provided a tremen- cooperation, flexibility and adaptability play dous amount of support, effort and guidance, a crucial role in balancing the demands especially the Chair of the Conference, of environmental sustainability, economic Belinda Balluku, Minister of Infrastructure development and energy security. and Energy, and Vice-Chair, Ilir Bejtja, Deputy Minister of Infrastructure and Energy. I would As we go forward, I believe it is necessary to like to thank all those involved with the sub- recall the spirit of the Energy Charter Treaty sidiary bodies, particularly those delegates which strives to be a valuable tool to promote who gave their time and effort to act as fairness, and the rule of law in the energy Chairs and Vice-Chairs. Their input is vital sector. The Treaty has served to foster collab- to achieving the objectives of the Energy oration by encouraging the free movement Charter Conference. of energy products, equipment and much- needed cross-border investment to ensure Thank you, that projects become a reality. Guaranteeing equality, accountability, and applying Ambassador Urban Rusnák, non-discrimination remain at the core of the Secretary General, Treaty by enforcing a cooperative rule-based Energy Charter Secretariat system.

As a Member-driven organisation, the Energy Charter priorities are brought forth by our constituency. In 2019, Members gave a clear signal to chart a new course for the organisation with a distinct focus on the modernisation of the Energy Charter Treaty. At the end of 2019, delegates created a new subsidiary body to concentrate on the modernisation process as the highest priority of the organisation. The difficult work of the future will begin as delegates strive to align national priorities with the principles of equality and fairness that underpin the Treaty. The work and effort to modernise the Energy Charter Treaty will be the most audacious task since the formation of the organisation in the early ’90s. However, I believe it is an effort worth pursuing to ensure that the Treaty remains a useful tool to address the global energy challenges of the future.

6 INTERNATIONAL ENERGY CHARTER WHO WE ARE

Based on the Energy Charter Treaty, the Using this report International Energy Charter is an inter- The 2019 Annual Report summarises the governmental organisation whose primary structure of the organisation and provides a objective is to strengthen the rule of law on breakdown of the activities and participation energy issues by creating a level playing throughout the year. field of multilateral rules to be observed by all participating governments. The Energy Find out more Charter Treaty is the world’s only legally Website: energycharter.org binding multilateral instrument dealing spe- General enquiries: [email protected] cifically with cooperation in the energy sec- Tel: +32 2 775 9800 tor. The Energy Charter Conference, which is made up of Member countries, leads the organisation and has a Secretariat based in Brussels.

BACKGROUND The 1991 European Energy Charter: aimed at strengthening energy cooperation The European Energy Charter provides the between the signatory states and does not political foundation for the Energy Charter bear any legally binding obligation or finan- Process. The Charter is a declaration of the cial commitments. The International Energy principles that underpin international energy Charter declaration was formally adopted cooperation, based on a shared interest in and signed at the Ministerial Conference in secure energy supply and sustainable eco- The Hague in 2015. nomic development. Energy Charter Conference: The 1994 Energy Charter Treaty (ECT): The Energy Charter Process is directed by the The ECT and the Energy Charter Protocol on Energy Charter Conference, the governing Energy Efficiency and Related Environmental and decision-making body which brings Aspects was signed in December 1994 and together representatives of Member coun- entered into force in April 1998. The ECT tries. The Conference meets at least once a was developed on the basis of the European year to discuss policy issues affecting inter- Energy Charter of 1991, but whereas the national energy cooperation, to review the European Energy Charter was a declara- implementation of the provisions of the ECT tion of political intent to promote East-West and to consider possible new instruments energy cooperation, the ECT is a legally and projects on energy issues. Regular binding multilateral instrument, the only one meetings of the Conference’s subsidiary of its kind dealing specifically with intergov- groups take place throughout the year. ernmental cooperation in the energy sector. Energy Charter Secretariat: The 2015 International Energy Charter The Conference is served by a permanent declaration: Secretariat that implements the will of the The International Energy Charter declaration Conference by assisting in the duties and is a non-binding political declaration aimed functions assigned to it under the ECT. The at updating the European Energy Charter of Secretariat is staffed by experts from vari- 1991 and lifting the Energy Charter Process to ous countries and is headed by a Secretary a global level. It maps out universal principles General who is elected by the Conference.

ANNUAL REPORT 2019 7 ALBANIAN CHAIRMANSHIP OF THE ENERGY CHARTER CONFERENCE

On 1 January 2019, Albania assumed energy cooperation or contribute to the the Chairmanship of the Energy Charter achievement of national priorities. Conference. The Chairmanship works on an annual rotating basis, and each year a For the Chairmanship of the organisation for new country assumes the leadership of the 2019, Albania expressed interest in promoting highest decision-making body of the Energy a global vision of advancing the development Charter Process. This responsibility includes of a low-carbon energy system. Albania views guiding the Conference throughout the the energy transition as an opportunity both year regarding topics and activities such as nationally and globally. The priorities for the regular meetings of the subsidiary bodies. At year focused on improving governance for the end of the year, the Chairmanship hosts energy efficiency, promoting renewable the annual session of the Energy Charter energy, and facilitating regional connectivity, Conference. The rotating Chairmanship is including diversifying energy supply. an instrument for greater involvement of the Members and their governments in the work of the International Energy Charter.

Mr Bejtja, Deputy Minister and Vice-Chair of the Conference

Ms Balluku, In June, the Ministry of Infrastructure Minister and Conference Chair and Energy of Albania hosted the Tirana International Energy Charter Forum. The The Secretary General and the Energy event highlighted energy diversification, Charter Secretariat ensure regular con- renewables and energy efficiency. It under- sultations with the presiding country on lined the national priorities of the Albanian political dialogue and negotiations, prepa- energy sector, which aim to improve effi- ration of meetings, coordination of the work ciency, increase the deployment of renew- of the subsidiary bodies, representation able energy sources and encourage supply of the organisation and other activities diversification in the region. More than 150 of the International Energy Charter. The participants from 20 countries also debated Chairmanship allows the host country to how to address climate-change objectives influence the political agenda for the year while achieving energy prosperity and by introducing issues that affect international socio-economic benefits.

8 INTERNATIONAL ENERGY CHARTER 30TH MEETING OF THE ENERGY CHARTER CONFERENCE

Conference Members, in collaboration with emphasised the unprecedented opportunity the Secretariat, organised the 30th Meeting for the Treaty modernisation to promote of the Energy Charter Conference in Tirana sustainable energy investments and align the in December. However, two weeks before Treaty with global energy trends. the event, Albania was struck by a devastat- ing earthquake that continued for days with reoccurring aftershocks. Albania’s Prime Minister, Edi Rama, declared a state of emer- gency as the country came to grips with the devastation.

As a result, the 30th Energy Charter Conference was relocated to Brussels, Belgium. The meetings opened with a min- ute of silence for Albania and the people affected by the disaster. Mr Ilir Bejtja, Deputy Minister of Infrastructure and Energy of Albania, chaired the Conference’s Ministerial Session. The event focused on recent trends The meetings attracted high-level repre- of investment in renewables and policies sentatives such as the Energy Ministers from towards diversification and energy efficiency. The Gambia and Uganda, as those countries Over 100 delegates from over 40 countries are currently considering Treaty accession. participated in the conference in Brussels. The Deputy Energy Minister of Azerbaijan, The primary deliverable from the event was Mr Samir Valiyev, highlighted planned activ- that the Members confirmed that the mod- ities for Azerbaijan as it gets set to take over ernisation of the Energy Charter Treaty would the Chairmanship of the Energy Charter be a top priority in the years to come. They Conference in 2020.

Participants of the 30th Energy Charter Conference, December 2019, Brussels

ANNUAL REPORT 2019 9 STRATEGY GROUP

Since 2009, the Members of the Energy a team of public auditors nominated by the Charter Conference have used the Strategy Members of the Energy Charter Conference. Group to discuss new challenges in the The Report of the International Public Audit energy sector and possible responses within did not identify any serious substantial the Energy Charter Process. For 2019, the breaches of the respective rules relating to Chair was Ms Sofía Sanz Estébanez, and the the governance of the ECT and drew specific Group held four meetings, on 14 March, 16 recommendations for improving the func- July, 11 September and 6-7 November. The tioning of the organisation. main topics of discussion throughout the year were the modernisation of the Energy Charter Treaty and the Review under Article 34(7) of the ECT.

The Review under Article 34(7) of the ECT is a mandatory analysis of the functions and implementation of the Treaty, taking place at intervals of not more than five years

The Review under Article 34(7) of the ECT is a mandatory analysis of the functions and implementation of the Treaty, taking place at intervals of not more than five years. This Ms Sanz Estébanez, year included an International Public Audit Chair of the Strategy Group and in addition to the annual external audit. The the Subgoup on Modernisation International Public Audit was carried out by

10 INTERNATIONAL ENERGY CHARTER SUBGROUP ON MODERNISATION AND MODERNISATION GROUP

The Subgroup on Modernisation contin- On 6 November 2019, the Energy Charter ued to hold meetings throughout 2019. Conference established and mandated a new On 11 September 2019, the Strategy Group Subsidiary body, the Modernisation Group, acknowledged the successful completion of to carry over the negotiations on the mod- the discussions on the potential modernisa- ernisation of the Energy Charter Treaty. The tion of the Energy Charter Treaty carried out Modernisation Group met for the first time by the Subgroup on modernisation, thanked on 11 December 2019 to prepare the negotia- the Chair and Co-Chair of the Subgroup as tion rounds of 2020. well as the Secretariat, and decided to dis- solve the Subgroup.

Agreed topics for the Modernisation of the Energy Charter Treaty • Pre-investment • Denial of benefits • Definition of ‘charter’ • Transfers related to investments • Definition of ‘economic activity in the energy • Frivolous claims sector’ • Transparency • Definition of investment • Security for costs • Definition of investor • Valuation of damages • Right to regulate • Third party funding • Definition of Fair and Equitable Treatment • Sustainable development and corporate (FET) social responsibility • Most Favored Nation Clause • Definition of ‘transit’ • Clarification of ‘most constant protection • Access to infrastructure (including denial of and security’ access and available capacities) • Definition of indirect expropriation • Definition and principles of tariff setting • Compensation for losses • Regional Economic Integration Organisation • Umbrella clause • Obsolete provisions

ANNUAL REPORT 2019 11 IMPLEMENTATION GROUP

The Group convened four times in 2019, on 13 March, 15 July, 12 September and 5 November. In general, the discussions at the Implementation Group in 2019 were devoted to areas carried over from 2018 and relating to investments in the energy sector, transit of energy resources, energy efficiency and demand-side management, and standard provisions. The Implementation Group prior- itised the work based on the requests of the Members of the Conference.

The Investment Unit presented the Energy Investment Risk Assessment (EIRA) 2019 on 30 September. The publication contains 34 country profiles. From the 2019 edition Ms Rakhmetova, onwards, insight is also given into the year- Chair of the Implementation Group on-year evolution of investment risks in and the Subgroup on Transit countries participating on a recurring basis. A website devoted to EIRA was created (eira. The in-depth energy efficiency review of energycharter.org) and has been operational Azerbaijan was completed in 2019. The since 30 September. review was conducted in close cooperation with a team of experts from Bulgaria, Turkey and Ukraine. The review sets out a series The Investment Unit presented of general and specific recommendations the Energy Investment Risk targeting the improvement of the efficiency of the energy sector, industry, buildings, Assessment (EIRA) 2019 on energy-using products and transport. In the 30 September. The publication publication, the Government of Azerbaijan is contains 34 country profiles. encouraged to develop and approve a long- term energy strategy as well as to approve the Energy Efficiency Law, developed with The activities of the Investment Promotion the assistance of the Secretariat within the Centre, which include providing assistance EU4Energy project. Other recommendations with the implementation of the Energy target the enforcement of energy-efficiency Charter Investment Facilitation Toolbox, were policies, including strengthening the coor- presented and discussed during a side-event dination of policy development between of the second Preparatory Meeting of the different stakeholders and ensuring effective OSCE Economic and Environmental Forum in feedback loops by improving coordination Bratislava, on 27 May, and during the Energy between the development, implementation Charter Industry Advisory Panel meeting on and evaluation of policies and energy system 4 June 2019. planning.

12 INTERNATIONAL ENERGY CHARTER TECHNICAL SUBGROUP ON TRANSIT

The Technical Subgroup on Transit convened The 15th Meeting of the Taskforce was twice in 2019 and built upon work done in devoted to the latest developments in the 2018. The Subgroup addressed legal and electricity sectors, markets, trade, transit, and technical issues for cross-border transit, tariffs. Deviating from the traditional agenda, culminating in the Third Edition of the Model one session of the Meeting was dedicated to Host Government and Intergovernmental renewables and associated matters such as Agreements, which reflected the most recent feed-in tariffs, stimulation, power purchase developments in the relevant area. In line agreements, energy auctions, new projects with the Programme of Work and discussions and potential in the region. with Members, two papers were presented related to cross-border pipeline safety and environmental regulations, and general The primary purpose of RECA aspects of pipeline decommissioning. Both meetings is to promote energy topics will be further refined and developed cooperation in Central and in 2020. South Asia through knowledge Furthermore, in line with the long-es- and information sharing, tablished tradition, a 15th Meeting of the Regional Energy Cooperation Taskforce in and capacity building Central and South Asia (RECA) took place on 26-28 March in Ashgabat, Turkmenistan. Following the discussions held at the The primary purpose of RECA meetings is to Implementation Group on 12 September promote energy cooperation in Central and 2019, the Subgroup on Transit was dis- South Asia through knowledge and informa- solved, and topics of relevance will now be tion sharing, and capacity building. addressed under the Implementation Group.

RECA meeting Ashgabat, Turkmenistan, March 2019

ANNUAL REPORT 2019 13 2019 EDITION OF THE ENERGY INVESTMENT RISK ASSESSMENT REPORT

On 30 September 2019, the Energy Charter “Key work is done by EIRA team to Secretariat released the second edition of its look at predictability of regulations and flagship publication, the Energy Investment policies. EIRA provides an opportunity Risk Assessment (#EIRA2019). The launch to learn from each other” event took place in Brussels and was Ms Constance Kann, Director of Institutional Relations opened by Deputy Minister of Infrastructure and Public Affairs at the European Investment Bank (EIB) and Energy Ilir Bejtja, representing the Albanian Chairmanship of the Energy EIRA 2019 expands and builds on the findings Charter Conference 2019, and the European of its predecessor. Apart from highlighting Commission Former Director General for the key strengths and areas for improve- Energy Dominique Ristori. The event was ment in each country, the profiles of the attended by high-level representatives of recurrent participants include a year-on- governments, international organisations, year comparison table. Through this new financial institutions and industry. feature, policy-makers can benchmark their performance and take stock of any changes to their risk level. The qualitative assessment “EIRA is in full development. We need it in the country profiles better reflects the in the context of increasing international implementation of the existing legal and cooperation, regulatory frameworks and regulatory framework. Attention is given to attracting investments. Without such the implementation of projects, programmes cooperation, it is impossible to find solutions to and secondary regulations between 2018 key challenges we have in the energy sector.” and 2019. All changes observed in the partic- Mr Dominique Ristori, Director General for Energy ipating countries are tracked and recorded, at the European Commission (2015-2019) to the greatest extent possible. For some countries, EIRA is one of the first reports to EIRA is intended to be a timely and effective analyse these changes. analytical tool, which will assist policymakers navigate diverging policy objectives and the inevitable energy transition. The number “IAP members consider that there is a real of countries participating in EIRA has grown opportunity to build long-term brand value and from 30 in 2018 to 34 in 2019. The geograph- recognition for EIRA that will also strengthen ical reach of EIRA has also increased and the Energy Charter process as a whole.” it now covers countries in Africa, Asia, the Industry Advisory Panel Americas, and Europe. EIRA relies on its vast network of globally “The EIRA report is a valuable international renowned law firms, industry associations, benchmark which covers relevant risks academia and financial institutions to pro- and policy issues in the energy sector vide accurate and up-to-date information of various countries. It’s a very useful on the latest developments in the energy tool for companies, especially when they sector. Contributors to EIRA participate on are preparing investment decisions.” a voluntary and pro bono basis. In 2019, over 550 external parties were contacted of Mr Laurent Catenos, Vice President Coordination and Performance at EDF which 21 per cent were selected based on

14 INTERNATIONAL ENERGY CHARTER their expertise, availability, and willingness to allows the participating governments and participate. A large number of contributors to external parties to fill in the EIRA ques- EIRA 2019 have also contributed to reputed tionnaire online. It also has an interactive publications prepared by international webpage that projects the year-on-year organisations. trajectory of each country’s performance and risk level. Moreover, the website hosts New EIRA website launched a Question Explorer that provides detailed findings on each question and highlights the A new website (eira.energycharter.org) was key changes observed on them. The answers launched in September 2019 to comple- to the EIRA questionnaire can be searched ment the EIRA publication. It provides the by country, year, indicator and sub-indicator. latest information available for participating Finally, the online Library featured on the countries. All legal and regulatory changes website contains over 1,500 primary policy affecting the energy sector are tracked and and legal documents for the countries which recorded, to the greatest extent possible. have participated in the EIRA project so far. For some countries, EIRA is one of the first Some of these documents are exclusively reports to analyse these changes. available on the EIRA website.

The website offers extensive and updated As EIRA is evolving, the addition of these new information on the legal and regulatory aspects brings it a step closer to one of its key environment of the assessed countries. To objectives – tracking the progress of coun- facilitate the data collection, the website tries over time.

ANNUAL REPORT 2019 15 BUDGET COMMITTEE

In 2019, four meetings of the Budget member countries to the Energy Charter Committee were organised, on 22 February, Secretariat and the coverage of the costs of 17 July, 13 September and 8 November. The ECOWAS officials or ECOWAS member coun- first meeting of the year was chaired by Ms tries’ officials to attend meetings or confer- Miriama Kiselyova. Following the resignation ences organised by the Secretariat, including of Ms Kiselyova as Chairperson of the Budget the Energy Charter Conference. Committee, the three following meetings of the year were chaired ad hoc by Ms Klara Rakhmetova from Kazakhstan.

The topics discussed during the year included the inclusion of two new Contracting Parties to the budget, the Hashemite Kingdom of Jordan and the Republic of Yemen.

In 2019, the Secretariat received a proposal from the Economic Community of West African States to directly finance some activities of common interest Ms Kiselyova, in the field of energy Chair of the Budget Committee

In 2019, the Secretariat received a proposal The Budget committee also reviewed the from the Economic Community of West implementation of the Programme of Work African States (ECOWAS) Secretariat to for 2018-2019 and the Budget for 2019, directly finance some activities of common and discussed the Programme of Work for interest in the field of energy. This included 2020-2021 and the Budget for 2020-2021 for the secondment of officials from ECOWAS approval by the Energy Charter Conference.

16 INTERNATIONAL ENERGY CHARTER LEGAL ADVISORY COMMITTEE

The Chair of the Legal Advisory Committee, by the Conference Chair or by the Chair of a with assistance from the Secretariat, is Working Group. responsible for conducting the work of the Advisory Committee and reporting to the Conference Chair or Working Group Chair The legal Advisory Committee on the results, as appropriate. The Legal Advisory Committee consists of experts from consists of experts from delegations desiring to participate, with the delegations desiring to idea of having representatives of different participate, with the idea of legal systems present. having representatives of The Legal Advisory Committee meets at different legal systems present the request of the Conference Chair or a Working Group Chair and is assigned specific tasks. These tasks may include: the review On 10 December 2019, the Energy Charter of the text of provisions and articles already Conference agreed that the Chair of the agreed by the Charter Conference or a Legal Advisory Committee would be decided Working Group; and legal advice on matters ad hoc by the members of the Legal Advisory put forth to the Legal Advisory Committee Committee.

ANNUAL REPORT 2019 17 CONFLICT MANAGEMENT AND DISPUTE SETTLEMENT

The Conflict Resolution Centre continued management of investment conflicts and to provide neutral, independent legal disputes based on the Model Instrument on advice and assistance in dispute resolution Management of Investment Disputes. (including good offices) for governments and companies. The Secretariat developed The Secretariat presented the Model a new website (energychartertreaty.org) Instrument at several international events with unique features to provide a more such as the 2019 Colloquium on International user-friendly experience. Additional features Law, the inaugural conference of the China include interconnected information on cases International Investment Arbitration Forum, (including summaries of relevant awards and and the ISDS Mediation Colloquium organ- decisions), ECT provisions (and their evolu- ised by the Negotiation Task Force of the tion), enquiry points (to which requests for Davis Centre on Russian and Eurasian Studies information about national laws, regulations (Harvard University). Also, the Secretariat may be addressed) and notifications regard- deliberated the usefulness of strategic com- ing the ECT. munication and a similar model instrument for the industry at the annual conference of The Secretariat provided technical the European Company Lawyers Association assistance to four countries in (ECLA) in May and at one of the meetings of Europe, the Caucasus and Africa, the IAP in June. for assessing, updating and or The Legal Affairs Unit of the Secretariat implementing their management of provided expertise to the United Nations investment conflicts and disputes Commission on International Trade Law (UNCITRAL) Working Group III (Investor- based on the Model Instrument on State Dispute Settlement (ISDS) Reform), Management of Investment Disputes to the United Nations Conference on Trade and Development (UNCTAD) High-level During 2019, the Secretariat provided IIA Conference and to the discussions on technical assistance to four countries, in investment mediation at both UNCITRAL and Europe, the Caucasus and Africa, for assess- the International Centre for Settlement of ing, updating and/or implementing their Investment Disputes (ICSID).

Dispute Settlement – Hong Kong Investment Mediator Training, November 2019

18 INTERNATIONAL ENERGY CHARTER Fourth Investor-State Mediator training co-organised in Hong Kong: 1-3 November 2019 The International Energy Charter, the On 28 October, prior to the training, partici- International Centre for Settlement of pants discussed the 2016 Guide on Investment Investment Disputes (ICSID), the Centre for Mediation and the 2018 Model Instrument on Effective Dispute Resolution (CEDR) and the Management of Investment Disputes. The International Mediation Institute (IMI) jointly Model could be used by states for imple- organised the fourth training course for medi- menting their own domestic framework or ators on investment disputes. The event was as guidance in relation to legal and practical hosted by the Department of Justice of Hong issues that need to be considered for an Kong and the Asian Academy of International effective and comprehensive management of Law (AAIL). The training gathered government international investment disputes. It includes officials and experienced mediators from provisions to encourage and facilitate the use around 18 African and Asian countries. of investment mediation.

Fourth Investment Arbitration Masterclass: 4-7 November 2019 The International Energy Charter organised Institute of the Stockholm Chamber of the fourth edition of the Investment Arbitration Commerce (SCC), the Permanent Court of Masterclass on 4-7 November. The interactive Arbitration (PCA), ICSID, Versant and FTI con- exercises focused on providing 20 govern- sulting. Their expertise was complemented ment officials (from ten countries and the by practitioners from leading international European Commission), legal practitioners, law and consulting firms, including Shearman and representatives from energy companies & Sterling, Cooley, Lalive, Westerberg & with hands-on training about the practicalities partners, Baker Botts, Freshfields Bruckhaus of the investment arbitration process and Deringer, Latham & Watkins, Mannheimer practical information about how to quantify Swartling, and Arent Fox. The training included and assess damages. an innovative session on strategic communication: how to manage the reputational, The training modules were delivered by a communication, diplomatic and political ram- fully-fledged faculty from the Arbitration ifications of the dispute.

Brainstorming Session on Preventing Investment Disputes: 1 April 2019 The International Energy Charter organised a The workshop confirmed that the existing workshop on the prevention of investment dis- Model Instrument already contains the most putes as a side event to UNCITRAL’s Working relevant tools for the prevention of investment Group III (Investor-State Dispute Settlement disputes, such as centralisation of information (ISDS) Reform) spring meeting in New York. (article 6), consistency (article 7) and an early The interactive discussion aimed at identify- warning mechanism (article 8). Also, the ing synergies among different international non-binding recommendations on regulatory organisations, as well as gaps that government reform (CCDEC2017 4) can be considered officials believe need to be addressed. as tools for helping to prevent investment disputes.

ANNUAL REPORT 2019 19 Financial Times Award nine in the most innovative in-house legal teams in Europe in 2019. The Financial Times Innovative Lawyers programme was established in Europe in 2006, The Secretariat works to promote effective launched in the US and North America in solutions to investment conflicts. Among sev- 2010, and in Asia-Pacific in 2014. Over the eral workshops and trainings, the Secretariat past 14 years it has covered legal industry has developed tools such as the 2016 Guide innovation in 50 countries from more than on Investment Mediation and the awarded 400 law firms and more than 465 company Model Instrument. in-house legal departments. The Model Instrument (which is the result The Energy Charter Secretariat of consultations with government officials and the Model Instrument received and international organisations involved in investment disputes) contains several policy the honours of Highly commended options that can be considered when imple- within the category of Creating menting the Model Instrument in line with the specific domestic administrative needs a new standard (in-house) for and circumstances. It is a guide that enables the Financial Times Innovative states to react in an effective and timely Lawyers Awards in 2019 manner to solve conflict with foreign inves- tors in the best way for both The Energy Charter Secretariat and the parties, and also Model Instrument received the honours of to prevent initial “Highly commended” within the category of conflicts before “Creating a new standard (In-house)” for the they escalate Financial Times Innovative Lawyers Awards into full-blown in 2019. The Secretariat also ranked number disputes.

20 INTERNATIONAL ENERGY CHARTER INDUSTRY ADVISORY PANEL

The Energy Charter Industry Advisory Panel In 2019, the IAP accepted membership appli- (IAP) is the expert consultative body to the cations from three new members, namely Energy Charter Conference, providing policy Eco Energy Consulting (Montenegro), Kantor advice from energy companies, international Management Consultants S.A. (Greece) and business associations and financial institu- Trans Adriatic Pipeline AG (Switzerland). tions on energy investment and the function- ing of energy markets. The IAP held its meeting in June 2019 in Brussels and focused on investment for a low-carbon energy sector. Among other internal issues, the IAP members have con- cluded the IAP’s position for the 2019 Review under Article 34 (7) of the ECT and discussed the renewal of the IAP Terms of Reference.

Modifications in the updated Terms of Reference include a provision on the potential establishment of an internal IAP steering committee and a provision on the potential introduction of a Mr Chase, membership fee as contribution to Chair of the IAP the costs of the IAP’s activities.

Currently, the IAP has 65 members from The renewed IAP Terms of Reference for energy companies, international and indus- the period 2020-2024 was endorsed by try associations, intergovernmental institu- all the IAP members and adopted by the tions and individuals spanning 33 countries, Energy Charter Conference. Modifications which operate in fields such as exploration, in the updated Terms of Reference include production, generation, transmission, distri- a provision on the potential establishment bution, finance, equipment, services, tech- of an internal IAP steering committee and a nology and consultancy. provision on the potential introduction of a membership fee as contribution to the costs of the IAP’s activities.

IAP Meeting in Brussels, June 2019

ANNUAL REPORT 2019 21 STATISTICS OF CASES UNDER THE ENERGY CHARTER TREATY

As of 1 March 2020, the Secretariat is aware of 129 investment arbitration cases instituted under the Energy Charter Treaty (sometimes invoked together with a Bilateral Investment Treaty). Since parties to investment arbitration under Article 26 ECT are not obliged to notify the Secretariat of the existence or substance of their dispute, some awards (and even the existence of some proceedings) remain confidential. The Secretariat compiles information (which cannot be considered as exhaustive) from delegates and public sources (including specialized reporting services). The Secretariat assumes no responsibility for eventual errors or omissions in these data and welcomes any additional information or clarification on specific cases (at [email protected]).

Number of Arbitration Cases under the ECT

15 30

10 16 12 12 5 6 7 7 7 1 4 4 4 4 4 1 2 0 2 3 3 0 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

The total number of cases as of 1 March 2020: 129.

Status of Arbitration Cases Outcome of Final Awards (62), under the ECT including (4) Settlement Agreements Embodied in Awards

4% 6% 15%

45%

44% 31%

7% 3%

Pending (57) No jurisdiction (9) Settled (9) of which (4) were embodied in an award No breach of the ECT (19) Awards (58) of which (18) pending annulment proceedings Breach of the ECT but no damages awarded (2) Discontinued (5) Breach of the ECT and damages awarded (28) Settlement agreement embodied in an award (4)

22 INTERNATIONAL ENERGY CHARTER Distribution of Arbitration Cases under the ECT by Energy Sources Involved

0 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

*In seven of these cases, it has not been possible to identify particular energy sources.

Fossil fuels Renewables Nuclear N/A

Fossil Fuels Renewables Nuclear N/A

Total Total Total Total Total Total Total Total Damages Damages Damages Damages Damages Damages Damages Damages Claimed Awarded Claimed Awarded Claimed Awarded Claimed Awarded

approx. approx. EUR EUR 9 billion 503 million approx. approx. approx. approx. approx. approx. + the Yukos + the Yukos EUR 543 EUR 21 billion EUR 1 billion EUR 5 billion EUR 74 million EUR 11 million cases (EUR 84 cases (EUR 37 million billion) billion)

*57 cases are still pending and in some of cases, there is no publicly available information on the exact amounts claimed and/or awarded.

ANNUAL REPORT 2019 23 EU4ENERGY GOVERNANCE IN ARMENIA, AZERBAIJAN AND BELARUS

In 2019, the Secretariat continued to imple- became acquainted with the best interna- ment the EU4Energy Governance, delivering tional experience in Nearly Zero-Energy technical assistance to relevant ministries Buildings and deliberated on a roadmap for and government agencies in Armenia, introducing such requirements in Armenia. Azerbaijan and Belarus. The objective of the Furthermore, EU4Energy continued to aid is to assist partner countries in imple- monitor the implementation of the recom- menting policy recommendations developed mendations provided to Armenia in the 2017 by the Secretariat in recent In-Depth Energy and 2018 EIRA profiles. In total, five country Efficiency or Investment Climate and Market missions were organised, two EU4Energy Structure policy reviews, and provide support events with over 80 participants took place, for strengthening the existing legislative and and four technical reports were submitted to regulatory frameworks in the areas of elec- the Ministry of Territorial Administration and tricity and gas markets, energy efficiency, Infrastructure. and renewable energy. In Azerbaijan, the focus was on the adop- In Armenia, support for strengthening the tion of the first draft of the law supporting legislative and regulatory framework for the development of the first National energy efficiency in buildings in line with Energy Efficiency Action Plan (NEEAP). The EU best practices continued to be the main Presidential Administration scrutinised the priority. Broad consultations were initiated draft law and a draft presidential decree for on how to reinforce the energy efficiency the adoption of the law was prepared. It is in building regulations. The members of expected that the legislative package will be the dedicated Energy Efficiency Taskforce soon submitted to the Milli Majlis (Parliament)

Capacity-building Seminar, Belarus, November 2019

24 INTERNATIONAL ENERGY CHARTER EU4Energy Governance in EU4Energy Governance in Armenia, Azerbaijan and Armenia, Azerbaijan and Belarus (2017-2019) Belarus - 2019

940 officials 220 officials participating in participating in workshops and workshops and capacity building capacity building events 5 High-level events roundtables 7 workshops 35 country 11 country and capacity missions 28 workshops and missions capacity building building events 29 technical events 9 technical reports and reports and legislative legislative proposals proposals drafted drafted

for approval. The NEEAP Inter-Ministerial with model contracts and procurement working group discussed and agreed on the guidelines for energy service companies. NEEAP structure and the sectoral measures A framework guideline was established, and for energy efficiency to be included in the a capacity-building workshop was organ- action plan. The first draft version of the plan ised to support the Ministry of Energy and is currently being finalised by the Secretariat. Belenergo in concluding the national elec- In total, five country missions were organised, tricity grid code in line with EU best practices three EU4Energy events with more than 100 and ensuring electricity system security and participants took place, and two draft legisla- integration of renewable electricity sources tive proposals were submitted to the Ministry in the grid. In total, five country missions of Energy. were organised, three EU4Energy events with more than 90 participants took place, and six In Belarus, the third year of technical assis- technical reports/draft legislative proposals tance activities focused on two main areas. were submitted. These are: supporting the development of a legislative and regulatory framework for energy efficiency services, and elaborating The focus was on the adoption on the electricity grid connection require- of the first draft of the law ments for renewable energy generators. supporting the development A draft presidential decree on energy performance contracting was submitted to the of the first National Energy Department for Energy Efficiency together Efficiency Action Plan

ANNUAL REPORT 2019 25 CONSOLIDATION EXPANSION OUTREACH (CONEXO)

In 2019, the Secretariat implemented the continued to play a prominent role in relation CONEXO policy by providing support for to further expansion of the ECT in the region the Conference, in particular in the area of during 2019. Expansion and Consolidation. Less priority was given to Outreach following recent instructions from the Budget Committee to limit budget-endorsed activity in this area.

Yemen became a Contracting Party to the ECT in January 2019

Three significant developments relating to CONEXO occurred at the end of 2018 and start of 2019. The Conference invited Eswatini to accede to the ECT in November 2018; Jordan became a Contracting Party to the ECT in December 2018; and Yemen became a Contracting Party to the ECT in January Bangladesh, November 2019 2019. At the same time, African countries

Steering Committee meeting of the ECOWAS - AGoSE programme, Nigeria, October 2019

26 INTERNATIONAL ENERGY CHARTER The Gambia, April 2019

Three countries from the ECOWAS region of between the International Energy Charter West Africa (Nigeria, Senegal and Gambia) and the ECOWAS Commission is built on the continued working in close cooperation with successful completion in 2018 of at least one the Energy Charter Secretariat by designat- accession report by Nigeria, Senegal and ing officials seconded by their governments Gambia, who are all committed to deepening to work on ECT accession reports. All three their respective accession tracks to the ECT. countries had completed or were complet- ing their final accession reports by the end The Secretariat also undertook missions to of 2019. These achievements in relation to Eswatini, as well as to Bangladesh, in order the expansion of the ECT in West Africa was to provide assistance to the respective gov- supported by a voluntary contribution of EUR ernments in moving them closer towards 48 400, from the Government of Nigeria and finalising their ECT accession. Other Missions another EUR 249 000 voluntary contribu- during 2019 included those to Morocco, tion in kind from the ECOWAS Commission Cambodia, Vietnam, Gambia, Senegal, under the EU-endorsed Programme for Nigeria and Guinea in support of the AGoSE Improving the Governance of the Energy project. Sector (AGoSE) project. The AGoSE project, established in 2018, seeks to improve energy governance in West African countries and enables cooperation between the Energy Charter Secretariat and the ECOWAS Commission, and is valid until May 2020 with the possibility of extension beyond this timeframe. The progressive cooperation

ANNUAL REPORT 2019 27 KNOWLEDGE CENTRE

Since its inception in early 2013, the In November, the Knowledge Centre co-or- Knowledge Centre promotes the visibility of ganised the Annual Symposium with the the Energy Charter Process, raises awareness China Electricity Council in Beijing as part of on Energy Charter Treaty issues, and contrib- the Beijing Research Centre. The Symposium utes to the Secretariat’s expansion efforts. highlighted the role of the Energy Charter Treaty in promoting the effective devel- The Knowledge Centre Executive Training opment and utilisation of clean energy in Programmes are aimed at sharing knowl- various countries to achieve a global energy edge and organising information workshops transition. The Joint Research Center is a vital on the Energy Charter Treaty. In 2019, the platform for China’s cooperation with the Knowledge Centre organised an Executive Energy Charter. Training programme in in the Hashemite Kingdom of Jordan on Policies and Best In October, the Knowledge Centre organ- Practices Intended to Help Achieve Energy ised an Annual Legal Workshop on Energy, Sustainability during an Era of Energy Law and Development jointly with the Transition. The tailor-made sessions pro- Organization of the Petroleum Exporting vided energy professionals with in-depth Countries (OPEC) and OPEC Fund for knowledge on designing energy scenarios International Development in Vienna. The in response to the global challenge of Workshop focused on the legal consider- climate change, and explored optimal strat- ations for transition from the oil industry to egies in energy efficiency. The training was renewable energy, and perspectives for cli- attended by 25 energy professionals work- mate-change regulation and adjudication in ing for the Ministry of Energy and Mineral the energy industry. Resources, the Energy & Minerals Regulatory Commission and the National Energy In close cooperation with the Ministry of Research Center. Energy of Azerbaijan, the Knowledge Centre jointly organised the Baku International The Knowledge Centre assisted in the pub- Energy Charter Forum in Azerbaijan in lications on the Chinese Perspectives on October, on the topic of Enabling Energy the Modernisation of the ECT (in May), an Transformation through Technology and Occasional Paper on Energy Infrastructure Policy Innovations. in East Africa (October) and an Occasional Paper on Post Conflict Reconstruction Additionally, the Knowledge Centre main- Strategy Study for the Electricity and Energy tains an active relationship with 13 aca- Sector of Yemen (November). demic institutions through Memoranda of Understanding as of 1 January 2020. In 2019, two information sessions were delivered in Brussels to graduate student groups from the University of Groningen and Rotterdam University Erasmus who were eager to learn more about the ECT and the activities of the Secretariat. The Centre was also invited (externally funded) to present the work of the Energy Charter Secretariat at the American College of Thessaloniki (Greece), University of Lodz (Poland) and the University of Dundee (the United Kingdom).

28 INTERNATIONAL ENERGY CHARTER INTERNATIONAL ENERGY CHARTER FORUMS

In June, the Ministry of Infrastructure Observer countries, international organi- and Energy of Albania hosted the Tirana sations, the energy industry and academia. International Energy Charter Forum. The The representatives of the governments forum focused on enhancing diversification and international organisations highlighted of energy supplies and routes, renewable different approaches to facilitate the energy energy investments, and policies to improve transition, while industry representatives energy efficiency. The event attracted over shared their best practices and lessons learnt 150 participants from 20 countries, including in terms of energy efficiency and renewable Ministers and Deputy Ministers, and other energy sources. Regional energy coopera- high-level representatives. The main objec- tion in different parts of the Energy Charter tive of the Forum was to exchange knowl- constituency was also discussed as an edge on the different pathways for energy essential element of attaining the Sustainable prosperity and socio-economic benefits, Development Goals. while keeping greenhouse gas emissions low. The panel debates highlighted the impor- tance of phasing out coal and other highly polluting electricity generation capacities before the end of their economic life, while maintaining security of electricity supply.

The Baku International Energy Charter Forum, hosted by the Ministry of Energy of Azerbaijan in Baku, took place in October 2019 and aimed at discussing the role of regulatory frameworks and technologies in promoting sustainable energy. Almost 200 participants took part in the Forum, including Ministers, high-level officials Secretary General Rusnák and and leading experts from Member and Mr Shahbazov, Minister of Energy, Azerbaijan

Tirana International Energy Charter Forum, June 2019

ANNUAL REPORT 2019 29 PUBLICATIONS RELEASED IN 2019

7 March 2019

INTERNATIONAL The International Energy Charter 2018 Annual EER CRER Report This publication provides insight into the activities and events of the INTERNATIONAL ENERGY CHARTER International Energy Charter throughout the year. Some of the key ANNUAL REPORT 2018 highlights include: the inaugural public launch of the International Energy Charter’s new flagship publication, the Energy Investment Risk Assessment (#EIRA2018); the accession of Jordan (December 2018) and Yemen (January 2019) to the Energy Charter Treaty; the finalisation of a Model Instrument on Management of Investment Disputes; and the Energy Charter Conference’s agreed list of topics to be addressed in the modernisation process.

27 March 2019 Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects In-Depth Review of the Energy Efficiency Policy PEEREA In-Depth Review of the of Montenegro Energy Efficiency Policy of Montenegro An in-depth review of the energy efficiency policy of Montenegro was conducted in 2018 and published in 2019. This review was prepared by the Energy Charter Secretariat in cooperation with the Ministry of Economy of Montenegro. The peer review team was composed of officials from countries that are parties to the Protocol on Energy Efficiency and Related Environmental Effects, the Energy Charter Secretariat, and international organisations.

9 May 2019 Chinese Perspectives on the Modernisation of the ECT This research paper was conducted to provide a Chinese perspective Chinese Perspectives on the Modernisation of the Energy Charter Treaty on the consultation process to modernise the Energy Charter Treaty (ECT). The key task of this paper is to critically assess and analyse whether the topics listed in CCDEC2017 23 are of special relevance

Hao Zhang and Kaho Yu for China in light of the country’s potential accession to the ECT, Energy Charter Secretariat 2019 and to further identify the benefits that accession to the ECT would bring to China.

30 INTERNATIONAL ENERGY CHARTER 24 July 2019 Tirana International Energy Charter Forum This publication provides some highlights from the Tirana Tirana International Energy Charter Forum hosted by Albania on 13 June International Energy 2019. The event was hosted by the Ministry of Infrastructure and Charter Forum

Energy and emphasised energy diversification, renewables and Energy Diversification, Renewables and Energy Efficiency energy efficiency. Albania’s participation and leadership as the June 2019 Chair of the Energy Charter Conference was also highlighted.

30 September 2019 Energy Investment Risk Assessment (EIRA) 2019 This publication is now in its second year and builds upon EIRA 2018 to give deeper insights into specific risks affecting energy investment EIRA that can be addressed through modifications to policy, and to legal ENERGY INVESTMENT RISK ASSESSMENT and regulatory frameworks. With EIRA 2019, the evaluation now

2019 extends from 30 to 34 countries and through recurrent participants, a valuable year-on-year comparison exercise is conducted in addition to highlighting key strengths and areas for improvement in each participating country.

COVA

EIRA 2019 – FOOTER TO BE SPECIFIED

30 October 2019

Energy Infrastructure Investments in East Africa

The rapid development of regional energy infrastructure is neces-

sary to achieve economic development and growth in East Africa. Energy Infrastructure This paper examines the role of the International Energy Charter and the Relevance Investments in of the Energy East Africa Charter and the Energy Charter Treaty process in facilitating investments Treaty

in energy infrastructure in East Africa. The paper highlights major

renewable and conventional energy projects in Kenya, Uganda James Nyamongo and Lilian K. Nyamongo

Energy Charter Secretariat and Tanzania that have regional implications. 2019

ANNUAL REPORT 2019 31 ORGANIGRAM OF THE ORGANISATION (DECEMBER 2019) Secretary General Mr Urban Rusnák

Ms Mara Novello Personal Assistant to SG

Deputy Secretary General Vacant

Knowledge Legal Affairs Expansion EU4Energy Centre (KC)

Mr Alejandro Ms Gökçe Mete Mr Marat Terterov Ms Bilyana Carballo Leyda Principal Coordinator Expansion Official (head) Chobanova General Counsel (head) Project Manager Vacant Mr Nidal Tayeh Ms Iryna de Meyer Coordinator Assistant Ms Anna Nosichenko Legal Assistant Financial and Ms Monica Emmanuel Administrative Assistant Mr Vitali Hiarlouski Coordinator Junior Legal Assistant

Mr Yuriy Pochtovyk Junior Legal Assistant

Secondees, Fellows Secondees, Fellows Secondees, Fellows Secondees, Fellows and Interns and Interns and Interns and Interns

Conflict Resolution Centre Senior Management

32 INTERNATIONAL ENERGY CHARTER Secretary General Mr Urban Rusnák

Mr Scott Sutherland SG Office Coordinator

Assistant Secretary General Vacant

Assistant to ASG Vacant

Finance and Transit Energy Efficiency Investment Administration

Mr Yves Rayeur Mr Ruslan Galkanov Vacant Mr David Kramer Administrative Assistant Transit Official (head) Energy Efficiency Senior Investment Official (head) Official (head) Ms Vlatka Anić Ms Julia Boegaeva Administrative Assistant Coordinator Mr Oleksandr Mr Edward Safaryan Antonenko Investment Official Ms Margaret Bolan Coordinator Administrative Assistant Ms Danai Oikonomakou Coordinator

Ms Ishita Pant Coordinator

Ms Anna Pitaraki Coordinator

Secondees, Fellows Secondees, Fellows Secondees, Fellows Secondees, Fellows and Interns and Interns and Interns and Interns

Investment Promotion Centre

ANNUAL REPORT 2019 33 34 INTERNATIONAL ENERGY CHARTER WORKED AT THE SECRETARIAT IN 2019

Staff Secondees Vlatka Anić Elshan Abdulazimov - Azerbaijan Oleksandr Antonenko Funmilayo Abiodun - Nigeria Tomasz Bąk Arwa Abukashef - Jordan Julia Boegaeva Aygun Aliyeva - Azerbaijan Margaret Bolan Kanat Botbaev - Kyrgyzstan Ernesto Bonafé Dajana Ndreja - Albania Kanat Botbaev Oyindamola Olagunju - Nigeria Elena Bratikova Issa Sonko - Senegal Alejandro Carballo Leyda Samba Sowe - The Gambia Augustin Chabrol Towfick Sufian - Yemen Bilyana Chobanova Bolaji Sulu - Nigeria Iryna De Meyer Nidal Tayeh – Palestine/Belgium Monica Emmanuel Binta Touré - Senegal Ruslan Galkanov Vitali Hiarlouski Fellows David Kramer Lilian Nyamongo - Kenya Gökçe Mete Masami Nakata Anna Nosichenko Trainees Mara Novello Ardit Çami - Albania Can Öğütçü Junyu Chen - China Danai Oikonomakou Cecilia Cola Trimarco - Uruguay /Italy Ishita Pant Norbert Czerniak - Poland Anna Pitaraki Janessa Goh Pei-Ru - Singapore Yuriy Pochtovyk Anita Ho-Tieng - France Yves Rayeur Jiajia Huang - China Urban Rusnák Ismaila Jibrin - Nigeria Edward Safaryan Yamne Jimenez - Mexico Yamina Saheb Paraskevi Makri - Greece Scott Sutherland Mélodie Mengue - Cameroon Nidal Tayeh Nataša Rajković - Serbia Marat Terterov Hongxiang Shi - China Oleksii Sytnik - Ukraine Nikola Tasić - Serbia

ANNUAL REPORT 2019 35 STRUCTURE OF THE ORGANISATION 2019

Energy Charter Conference Chairmanship for 2019: Albania Chair: Mr Damian Gjiknuri, Chair: Ms Belinda Balluku, Minister of Infrastructure and Energy, Albania Minister of Infrastructure and Energy, Albania (1 January – 31 January) (1 February – 31 December) Vice-Chair: Ms Dorina Cinari, Vice-Chair: Mr Ilir Bejtja, Deputy Minister of Infrastructure and Energy, Deputy Minister of Infrastructure and Energy, Albania (1 January – 10 February) Albania (11 February – 31 December) Vice-Chair: Mr Samir Valiyev, Vice-Chair: Ms Elena Popescu, Deputy Minister of Energy, Azerbaijan Director General, Ministry of Energy, Romania

Strategy Group Implementation Group Chair: Ms Sofia Sanz Estébanez (Spain) Chair: Ms Klara Rakhmetova (Kazakhstan) Vice-Chair: Vacant Vice-Chair: Mr Johan Vetlesen (Norway) Vice-Chair: Mr Aziz Khamidov (Uzbekistan)

Subgroup on Modernisation Technical Subgroup on Transit Chair: Ms Sofia Sanz Estébanez (Spain) Chair: Ms Klara Rakhmetova (Kazakhstan) Vice-Chair: Mr Orii Sunao (Japan) Vice-Chair: Ms Anna Maisuradze (Georgia)

*On 11 September the Subgroup on Modernisation was dissolved, and on 6 November, the Modernisation Group was established.

Budget Committee Legal Advisory Committee Chair: Ms Miriama Kiselyová (Slovakia) Chair: Mr Alejandro Carballo Leyda (ECS) until July 2019 Vice-Chair: Vacant

Industry Advisory Panel Chair: Mr Howard Chase, Senior Director, Government Affairs at Dow Europe Regional Chair for Asia: Mr Xie Qiuye, President of the China Electric Power Planning & Engineering Institute (EPPEI)

36 INTERNATIONAL ENERGY CHARTER STRUCTURE OF THE ORGANISATION FOR 2020 (AS OF 1 MARCH)

Energy Charter Conference Chairmanship for 2020: Azerbaijan Chair: Mr Parviz Shahbazov, Minister of Energy, Azerbaijan Vice-Chair: Mr Samir Valiyev, Deputy Minister of Energy, Azerbaijan Vice-Chair: Mr Ilir Bejtja, Deputy Minister of Infrastructure and Energy, Albania Vice-Chair: Mr Hakob Vardanyan, Deputy Minister of Territorial Administration and Infrastructure, Armenia

Modernisation Group Chair: Ms Sofia Sanz Estébanez (Spain) Vice-Chair: Mr Orii Sunao (Japan) Working Group on Vice-Chair: Mr Guy Lentz (Luxembourg) Governance Issues Vice-Chair: Mr Samir Abdurahimov Chair: Ms Klara Rakhmetova (Kazakhstan) (Azerbaijan) Vice-Chair: Mr Guy Lentz (Luxembourg) Vice-Chair: Mr Lukas Stifter (Austria) Vice-Chair: Mr Towfick Sufian (Yemen)

Budget Committee Legal Advisory Committee Chair: Mr Christian Bühlmann (Switzerland) Chair: To be decided ad hoc Vice-Chair: Vacant by the members of the LAC.

ANNUAL REPORT 2019 37

FURTHER INFORMATION

The International Energy Charter website gives access to public information about the Energy Charter Process, including all publications and details of past and forthcoming events organised by the Energy Charter Secretariat.

The Secretariat also publishes an electronic newsletter with details of Energy Charter meetings, activities and developments. If you are interested in receiving this newsletter, please subscribe by visiting the homepage.

For any other queries, please contact the Secretariat.

The Energy Charter Secretariat office is We invite you to follow our activities through- located in Brussels: out the year via social media: www.twitter.com/SecGenEnCharter Energy Charter Secretariat www.twitter.com/Energy_Charter Boulevard de la Woluwe, 46 www.linkedin.com/company/energy-charter B-1200 Brussels, Belgium Tel: +32 2 775 9800 Websites: Mail: [email protected] energycharter.org energychartertreaty.org eira.energycharter.org

Energy Charter Secretariat, Brussels, Belgium

ANNUAL REPORT 2019 39 Boulevard de la Woluwe 46 B-1200 Brussels, Belgium [email protected] energycharter.org

T: +32 2 775 98 00 F: +32 2 775 98 01 @Energy_Charter @SecGenEnCharter