Resolução da Assembleia da República n.º 36/96 — Aprova, para ratificação, o Tratado da Carta da Energia, incluindo anexos, decisões e Acta Final, e o Protocolo da…

ii) That only parties to the protocol shall be considered to be Contracting Parties for the purposes of article 36 or eligible to vote under the rules provided for in the protocol.

Article 34

Energy Charter Conference

1) The Contracting Parties shall meet periodically in the Energy Charter Conference (referred to herein as the «Charter Conference») at which each Contracting Party shall be entitled to have one representative. Ordinary meetings shall be held at intervals determined by the Charter Conference.

2) Extraordinary meetings of the Charter Conference may be held at such times as may be determined by the Charter Conference, or at the written request of any Contracting Party, provided that, within six weeks of the request being communicated to the Contracting Parties by the Secretariat, it is supported by at least one-third of the Contracting Parties.

3) The functions of the Charter Conference shall be to:

4) In the performance of its duties, the Charter Conference, through the Secretariat, shall cooperate with and make as full a use as possible, consistently with economy and efficiency, of the services and programmes of other institutions and organizations with established competence in matters related to the objectives of this Treaty.

5)The Charter Conference may establish such subsidiary bodies as it considers appropriate for the performance of its duties.

6) The Charter Conference shall consider and adopt rules of procedure and financial rules.

7) In 1999 and thereafter at intervals (of not more than five years) to be determined by the Charter Conference, the Charter Conference shall thoroughly review the functions provided for in this Treaty in the light of the extent to which the provisions of the Treaty and protocols have been implemented. At the conclusion of each review the Charter Conference may amend or abolish the functions specified in paragraph 3) and may discharge the Secretariat.

Article 35

Secretariat

1) In carrying out its duties, the Charter Conference shall have a Secretariat which shall be composed of a Secretary-General and such staff as are the minimum consistent with efficient performance.

2) The Secretary-General shall be appointed by the Charter Conference. The first such appointment shall be for a maximum period of five years.

3) In the performance of its duties the Secretariat shall be responsible to and report to the Charter Conference.

4) The Secretariat shall provide the Charter Conference with all necessary assistance for the performance of its duties and shall carry out the functions assigned to it in this Treaty or in any protocol and any other functions assigned to it by the Charter Conference.

5) The Secretariat may enter into such administrative and contractual arrangements as may be required for the effective discharge of its functions.

Article 36

Voting

1) Unanimity of the Contracting Parties present and voting at the meeting of the Charter Conference where such matters fall to be decided shall be required for decisions by the Charter Conference to:

The Contracting Parties shall make every effort to reach agreement by consensus on any other matter requiring their decision under this Treaty. If agreement cannot be reached by consensus, paragraphs 2) to 5) shall apply.

2) Decisions on budgetary matters referred to in article 34, 3), e), shall be taken by a qualified majority of Contracting Parties whose assessed contributions as specified in annex B represent, in combination, at least three-fourths of the total assessed contributions specified therein.

3) Decisions on matters referred to in article 34, 7), shall be taken by a three-fourths majority of the Contracting Parties.

4) Except in cases specified in subparagraphs 1), a) to f), paragraphs 2) and 3), and subject to paragraph 6), decisions provided for in this Treaty shall be taken by a three-fourths majority of the Contracting Parties present and voting at the meeting of the Charter Conference at which such matters fall to be decided.

5) For purposes of this article, «Contracting Parties present and voting» means Contracting Parties present and casting affirmative or negative votes, provided that the Charter Conference may decide upon rules of procedure to enable such decisions to be taken by Contracting Parties by correspondence.

6) Except as provided in paragraph 2), no decision referred to in this article shall be valid unless it has the support of a simple majority of the Contracting Parties.

7) A regional economic integration organization shall, when voting, have a number of votes equal to the number of its member states which are Contracting Parties to this Treaty; provided that such an organization shall not exercise its right to vote if its member states exercise theirs, and vice versa.

8) In the event of persistent arrears in a Contracting Party's discharge of financial obligations under this Treaty, the Charter Conference may suspend that Contracting Party's voting rights in whole or in part.

Article 37

Funding principles

1) Each Contracting Party shall bear its own costs of representation at meetings of the Charter Conference and any subsidiary bodies.

2) The cost of meetings of the Charter Conference and any subsidiary bodies shall be regarded as a cost of the Secretariat.

3) The costs of the Secretariat shall be met by the Contracting Parties assessed according to their capacity to pay, determined as specified in annex B, the provisions of which may be modified in accordance with article 3 6, 1 ), d).

4) A protocol shall contain provisions to assure that any costs of the Secretariat arising from that protocol are borne by the parties thereto.

5) The Charter Conference may in addition accept voluntary contributions from one or more Contracting Parties or from other sources. Costs met from such contributions shall not be considered costs of the Secretariat for the purposes of paragraph 3).

PART VIII

Final provisions

Article 38

Signature

This Treaty shall be open for signature at Lisbon from 17 December 1994 to 16 June 1995 by the states and regional economic integration organizations which have signed the Charter.

Article 39

Ratification, acceptance or approval

This Treaty shall be subject to ratification, acceptance or approval by signatories. Instruments of ratification, acceptance or approval shall be deposited with the depositary.

Article 40

Application to territories

1) Any state or regional economic integration organization may at the time of signature, ratification, acceptance, approval or accession, by a declaration deposited with the depositary, declare that the Treaty shall be binding upon it with respect to all the territories for the international relations of which it is responsible, or to one or more of them. Such declaration shall take effect at the time the Treaty enters into force for that Contracting Party.

2) Any Contracting Party may at a later date, by a declaration deposited with the depositary, bind itself under this Treaty with respect to other territory specified in the declaration. In respect of such territory the Treaty shall enter into force on the ninetieth day following the receipt by the depositary of such declaration.

3) Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification to the depositary. The withdrawal shall, subject to the applicability of article 47, 3), become effective upon the expiry of one year after the date of receipt of such notification by the depositary.

4) The definition of «area» in article 1, 10), shall be construed having regard to any declaration deposited under this article.

Article 41

Accession

This Treaty shall be open for accession, from the date on which the Treaty is closed for signature, by states and regional economic integration organizations which have signed the Charter, on terms to be approved by the Charter Conference. The instruments of accession shall be deposited with the depositary.

Article 42

Amendments

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.

Article 43

Association agreements

1) The Charter Conference may authorise 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 agreement.

Article 44

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.

Article 45

Provisional application

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 regulations.

2):

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.

Article 46

Reservations

No reservations may be made to this Treaty.

Article 47

Withdrawal

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 Party 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 this Treaty.

Article 48

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.

Article 49

Depositary

The Government of the Portuguese Republic shall be the depositary of this Treaty.

Article 50

Authentic texts

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 thousand nine hundred and ninety-four.

1 - ANNEX EM

ENERGY MATERIALS AND PRODUCTS

[in accordance with article 1, 4)]

Nuclear energy

26.12 - Uranium or thorium ores and concentrates.

26.12.10 - Uranium ores and concentrates.

26.12.20 - Thorium ores and concentrates.

28.44 - Radioactive chemical elements and radioactive isotopes (including the fissile or fertile chemical elements and isotopes) and their compounds; mixtures and residues containing these products.

28.44.10 - Natural uranium and its compounds.

28.44.20 - Uranium enriched in U235 and its compounds; plutonium and its compounds.

28.44.30 - Uranium depleted in U235 and its compounds; thorium and its compounds.

28.44.40 - Radioactive elements and isotopes and radioactive compounds other than 28.44.10, 28.44.20 or 28.44.30.

28.44.50 - Spent (irradiated) fuel elements (cartdriges) of nuclear reactors.

28.45.10 - Heavy water (deuterium oxide).

Coal, natural gas, petroleum and petroleum products, electrical energy

27.01 - Coal, briquettes, ovoids and similar solid fuels manufactured from coal.

27.02 - Lignite, whether or not agglomerated excluding jet.

27.03 - Peat (including peat litter), whether or not agglomerated.

27.04 - Coke and semi-coke of coal, of lignite or of peat, whether or not agglomerated, retort carbon.

27.05 - Coal gas, water gas, producer gas and similar gases, other than petroleum gases and other gaseous hydrocarbons.

27.06 - Tar distilled from coal, from lignite or from peat, and other mineral tars, whether or not dehydrated or partially distilled, including reconstituted tars.

27.07 - Oils and other products of the distillation of high temperature coal tar; similar products in which the weight of the aromatic constituents exceeds that of the nonaromatc constituents (e.g., benzole, toluole, xylole, naphtalene, other aromatic hydrocarbon mixtures, phenols, creosote oils and others).

27.08 - Pitch and pitch coke, obtained from coal tar or from other mineral tars.

27.09 - Petroleum oils and oils obtained from bituminous minerals, crude.

27.10-Petroleum oils and oils obtained from bituminous minerals, other than crude.

27.11 -Petroleum gases and other gaseous hydrocarbons:

Liquified:

• Natural gas;

• Propane;

• Butanes;

• Ethylene, propylene, butylene and butadiene (27.11.14);

• Other;

In gaseous state:

• Natural gas;

• Other.

27.13 - Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous minerals.

27.14 - Bitumen and asphalt, natural; bituminous or oil shale and tar sands; asphaltites and asphaltic rocks.

27.15 - Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (e.g., bituminous mastics, cutbacks).

27.16 - Electrical energy.

Other energy

44.01.10 - Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms.

44.02 - Charcoal (including charcoal from shells or nuts), whether or not agglomerated.

2 - ANNEX NI

NON-APPLICABLE ENERGY MATERIALS AND PRODUCTS FOR DEFINITION OF «ECONOMIC ACTIVITY IN THE ENERGY SECTOR».

[in accordance with article 1, 5)]

27.07 - Oils and other products of the distillation of high temperature coal tar; similar products in which the weight of the aromatic constituents exceeds that of the nonaromatic constituents (e.g., benzole, toluole, xylole, naphtalene, other aromatic hydrocarbon mixtures, phenols, creosote oils and others).

44.01.10 - Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms.

44.02 - Charcoal (including charcoal from shells or nuts), whether or not agglomerated.

3 - ANNEX TRM

NOTIFICATION AND PHASE-OUT (TRIMs)

[in accordance with article 5, 4)]

1) Each Contracting Party shall notify to the Secretariat all trade-related investment measures which it applies that are not in conformity with the provisions of article 5, within:

Such trade-relate investment measures of general or specific application shall be notified along with their principal features.

2) In the case of trade-related investment measures applied under discretionary authority, each specific application shall be notified. Information that would prejudice the legitimate commercial interests of particular enterprises need to be disclosed.

3) Each Contracting Party shall eliminate all trade-related investment measures which are notified under paragraph 1) within:

4) During the applicable period referred to in paragraph 3) a Contracting Party shall not modify the terms of any trade-related investment measure which it notifies under paragraph 1) from those prevailing at the date of entry into force of this Treaty so as to increase the degree of inconsistency with the provisions of article 5 of this Treaty.

5) Notwithstanding the provisions of paragraph 4), a Contracting Party, in order not to disadvantage established enterprises which are subject to a trade-related investment measure notified under paragraph 1), may apply during the phase-out period the same trade-related investment measure to a new investment where:

Any trade-related investment measure so applied to a new investment shall be notified to the Secretariat. The terms of such a trade-related investment measure shall be equivalent in their competitive effect to those applicable to the established enterprises, and it shall be terminated at the same time.

6) Where a state or regional economic integration organization accedes to this Treaty after the Treaty has entered into force:

4 - ANNEX N

LIST OF CONTRACTING PARTIES REQUIRING AT LEAST THREE SEPARATE AREAS TO BE INVOLVED IN A TRANSIT

[in accordance with article 7, 10), a)]

1 - Canada and United States of America.

5 - ANNEX VC

LIST OF CONTRACTING PARTIES WHICH HAVE MADE VOLUNTARY BINDING COMMITMENTS IN RESPECT OF ARTICLE 10, 3).

[in accordance with article 10, 6)]

6 - ANNEX ID

LIST OF CONTRACTING PARTIES NOT ALLOWING AN INVESTOR TO RESUBMIT THE SAME DISPUTE TO INTERNATIONAL ARBITRATION AT A LATER STAGE UNDER ARTICLE 26.

[in accordance with article 26, 3), b), i)]

1 - Australia.

2 - Azerbaijan.

3 - Bulgaria.

4 - Canada.

5 - Croatia.

6 - Cyprus.

7 - The Czech Republic.

8 - European Communities.

9 - Finland.

10 - Greece.

11 - Hungary.

12 - Ireland.

13 - Italy.

14 - Japan.

15 - Kazakhstan.

16 - Norway.

17 - Poland.

18 - Portugal.

19 - Romania.

20 - The Russian Federation.

21 - Slovenia.

22 - Spain.

23 - Sweden.

24 - United States of America.

7 - ANNEX IA

LIST OF CONTRACTING PARTIES NOT ALLOWING AN INVESTOR OR CONTRACTING PARTY TO SUBMIT A DISPUTE CONCERNING THE LAST SENTENCE OF ARTICLE 10, 1), TO INTERNATIONAL ARBITRATION.

[in accordance with articles 26, 3), c), and 27, 2)]

1 - Australia.

2 - Canada.

3 - Hungary.

4 - Norway.

8 - ANNEX P

SPECIAL SUB-NATIONAL DISPUTE PROCEDURE

[in accordance with article 27, 3), i)]

Part I

1 - Canada.

2 - Australia.

Part II

1) Where, in making an award, the tribunal finds that a measure of a regional or local government or authority of a Contracting Party (hereinafter referred to as the «responsible Party») is not in conformity with a provision of this Treaty, the responsible Party shall take such reasonable measures as may be available to it to ensure observance of the Treaty in respect of the measure.

2) The responsible Party shall, within 30 days from the date the award is made, provide to the Secretariat written notice of its intentions as to ensuring observance of the Treaty in respect of the measure. The Secretariat shall present the notification to the Charter Conference at the carliest practicable opportunity, and no later than the meeting of the Charter Conference following receipt of the notice. If it is impracticable to ensure observance immediately, the responsible Party shall have a reasonable period of time in which to do so. The reasonable period of time shall be agreed by both parties to the dispute. In the event that such agreement is not reached, the responsible Party shall propose a reasonable period for approval by the Charter Conference.

3) Where the responsible Party fails, within the reasonable period of time, to ensure observance in respect of the measure, it shall at the request of the other Contracting Party party to the dispute (hereinafter referred to as the «injured Party») endeavour to agree with the injured Party on appropriate compensation as a mutually satisfactory resolution of the dispute.

4) If no satisfactory compensation has been agreed within 20 days of the request of the injured Party, the injured Party may with the authorization of the Charter Conference suspend such of its obligations to the responsible Party under the Treaty as it considers equivalent to those denied by the measure in question, until such time as the Contracting Parties have reached agreement on a resolution of their dispute or the non-conforming measure has been brought into conformity with the Treaty.

5) In considering what obligations to suspend, the injured Party shall apply the following principles and procedures:

6) On written request of the responsible Party, delivered to the injured Party and to the president of the tribunal that rendered the award, the tribunal shall determine whether the level of obligations suspended by the injured Party is excessive, and if so, to what extent. If the tribunal cannot be reconstituted, such determination shall be made by one or more arbitrators appointed by the Secretary-General. Determinations pursuant to this paragraph shall be completed within 60 days of the request to the tribunal or the appointment by the Secretary-General. Obligations shall not be suspended pending the determination, which shall be final and binding.

7) In suspending any obligations to a responsible Party, an injured Party shall make every effort not to affect adversely the rights under the Treaty of any other Contracting Party.

9 - ANNEX G

EXCEPTIONS AND RULES GOVERNING THE APPLICATION OF THE PROVISIONS OF THE GATT AND RELATED INSTRUMENTS.

[in accordance with article 29, 2), a)]

1) The following provisions of GATT 1947 and related instruments shall not be applicable under article 29, 2), a):

II - Schedules of concessions (and the schedules to the General Agreement on Tariffs and Trade);

IV - Special provisions relating to cinematographic films;

XV - Exchange arrangements;

XVIII - Governmental assistance to economic development;

XXII - Consultation;

XXIII - Nullification or impairment;

XXV - Joint action by the Contracting Parties;

XXVI - Acceptance. Entry into force and registration;

XXVII -Withholding or withdrawal of concessions;

XXVIII - Modification of schedules;

XXVIIIbis -Tariff negotiations;

XXIX - The relation of this Agreement to the Havana Charter;

XXX - Amendments;

XXXI - Withdrawal;

XXXII - Contracting Parties;

XXXIII - Accession;

XXXV - Non-application of the Agreement between particular Contracting Parties;

XXXVI - Principles and objectives;

XXXVII - Commitments;

XXXVIII - Joint action;

Annex H - Relating to article XXVI;

Annex I - Notes and supplementary provisions (related to above GATT articles);

Safeguard action for development purposes;

Understanding regarding notification, consultation, dispute settlement and surveillance;

Preamble (paragraphs 1, 8, 9);

1.3 - General provisions;

2.6.4 - Preparation, adoption and application of technical regulations and standards by central government bodies;

10.6 - Information about technical regulations, standards and certification systems;

11 - Technical assistance to other Parties;

12 - Special and differential treatment of developing countries;

13 - The Committee on Technical Barriers to Trade;

14 - Consultation and dispute settlement;

15 - Final provisions (other than 15.5 and 15.13);

Annex 2 - Technical expert groups;

Annex 3 - Panels;

ii) Agreement on Government Procurement;

iii) Agreement on Interpretation and Application of Articles VI, XVI and XXIII (Subsidies and Countervailing Measures):

10 - Export subsidies on certain primary products;

12 - Consultations;

13 - Conciliation, dispute settlement and authorized counter measures;

14 - Developing countries;

16 - Committee on Subsidies and Countervailing Measures;

17 - Conciliation;

18 - Dispute settlement;

19.2 - Acceptance and accession;

19.4 - Entry into force;

19.5 (a) - National legislation;

19.6 - Review;

19.7 - Amendments;

19.8 - Withdrawal;

19.9 - Non-application of this Agreement between particular signatories;

19.11 - Secretariat;

19.12 - Deposit;

19.13 - Registration;

iv) Agreement on Implementation of Article VII (Customs Valuation):

1.2, b), iv) - Transaction value;

11.1 - Determination of customs value;

14 - Application of annexes (second sentence);

18 - Institutions (Committee on Customs Valuation);

19 - Consultation;

20 - Dispute settlement;

21 - Special and differential treatment of developing countries;

22 - Acceptance and accession;

24 - Entry into force;

25.1 - National legislation;

26 - Review;

27 - Amendments;

28 - Withdrawal;

29 - Secretariat;

30 - Deposit;

31 - Registration;

Annex II - Technical Committee on Customs Valuation;

Annex III - Ad hoc panels;

Protocol to the Agreement on Implementation of Article VII (except 1.7 and 1.8; with necessary conforming introductory language);

1.4 - General provisions (last sentence);

2.2 - Automatic import licensing (footnote 2);

4 - Institutions, consultation and dispute settlement;

5 - Final provisions (except paragraph 2);

vi) Agreement on Implementation of Article VI (Antidumping Code):

13 - Developing countries;

14 -Committee on Anti-Dumping Practices;

15 - Consultation, conciliation and dispute settlement;

16 - Final provisions (except paragraphs I and 3);

vii) Arrangement Regarding Bovine Meat;

viii) International Dairy Arrangement;

ix) Agreement on Trade in Civil Aircraft;

ii) The establishment or operation of specialist committees and other subsidiary institutions;

iii) Signature, accession, entry into force, withdrawal, deposit and registration;

2) Contracting Parties shall apply the provisions of the Declaration on Trade Measures Taken for Balance-of-Payments Purposes to measures taken by those Contracting Parties which are not parties to the GATT, to the extent practicable in the context of the other provisions of this Treaty.

3) With respect to notifications required by the provisions made applicable by article 29, 2), a):

4) Trade in nuclear materials may be governed by agreements referred to in the declarations related to this paragraph contained in the Final Act of the European Energy Charter Conference.

10 - ANNEX TFU

PROVISIONS REGARDING TRADE AGREEMENTS BETWEEN STATES WHICH WERE CONSTITUENT PARTS OF THE FORMER UNION OF SOVIET SOCIALIST REPUBLICS.

[in accordance with article 29, 2), b)]

1) Any agreement referred to in article 29, 2), b), shall be notified in writing to the Secretariat by or on behalf of all of the parties to such agreement which sign or accede to this Treaty:

2) The notification shall include:

3) Parties to an agreement notified in accordance with paragraph 1) shall afford to the interested Parties a reasonable opportunity to consult with them with respect to such agreement, and shall accord consideration to their representations. Upon the request of any of the interested Parties, the agreement shall be considered by the Charter Conference, which may adopt recommendations with respect thereto.

4) The Charter Conference shall periodically review the implementation of agreements notified pursuant to paragraph 1) and the progress having been made towards the elimination of provisions thereof that do not conform with provisions of the GATT and Related Instruments made applicable by article 29, 2), a). Upon the request of any of the interested Parties, the Charter Conference may adopt recommendations with respect to such an agreement.

5) An agreement described in article 29, 2), b), may in case of exceptional urgency be allowed to enter into force without the notification and consultation provided for in subparagraph 1), b), paragraphs 2) and 3), provided that such notification takes place and the opportunity for such consultation is afforded promptly. In such a case the parties to the agreement shall nevertheless notify its text in accordance with subparagraph 2), a), promptly upon its entry into force.

6) Contracting Parties which are or become parties to an agreement described in article 29, 2), b), undertake to limit the non-conformities thereof with the provisions of the GATT and Related Instruments made applicable by article 29, 2), a), to those necessary to address the particular circumstances and to implement such an agreement so as least to deviate from those provisions. They shall make every effort to take remedial action in light or representations from the interested Parties and of any recommendations of the Charter Conference.

11 - ANNEX D

INTERIM PROVISIONS FOR TRADE DISPUTE SETTLEMENT

[in accordance with article 29, 7)]

1):

2):

3):

The proceedings of a panel shall be confidential. A panel shall make an objective assessment of the matters before it, including the facts of the dispute and the compliance of measures with the provisions applicable to trade under article 5 or 29. In exercising its functions, a panel shall consult with the disputing Contracting Parties and give them adequate opportunity to arrive at a mutually satisfactory solution. Unless otherwise agreed by the disputing Contracting Parties, a panel shall base its decision on the arguments and submissions of the disputing Contracting Parties. Panels shall be guided by the interpretations given to the GATT and Related Instruments within the framework of the GATT, and shall not question the compatibility with article 5 or 29 of practices applied by any Contracting Party which is a party to the GATT to other parties to the GATT to which it applies the GATT and which have not been taken by those other parties to dispute resolution under the GATT.

Unless otherwise agreed by the disputing Contracting Parties, all procedures involving a panel, including the issuance of its final report, should be completed within 180 days of the date of establishment of the panel; however, a failure to complete all procedures within this period shall not affect the validity of a final report.

4):

Following the date set for receipt of comments from the Contracting Parties, the panel shall issue to the disputing Contracting Parties an interim written report, including both the descriptive sections and the panel's proposed findings and conclusions. Within a period set by the panel a disputing Contracting Party may submit to the panel a written request that the panel review specific aspects of the interim report before issuing a final report. Before issuing a final report the panel may, in its discretion, meet with the disputing Contracting Parties to consider the issues raised in such a request.

The final report shall include descriptive sections (including a statement of the facts and a summary of the arguments made by the disputing Contracting Parties), the panel's findings and conclusions, and a discussion of arguments made on specific aspects of the interim report at the stage of its review. The final report shall deal with every substantial issue raised before the panel and necessary to the resolution of the dispute and shall state the reasons for the panel's conclusions.

A panel shall issue its final report by providing it promptly to the Secretariat and to the disputing Contracting Parties. The Secretariat shall at the earliest practicable opportunity distribute the final report, together with any written views that a disputing Contracting Party desires to have appended, to all Contracting Parties.

5):

6):

7) Each Contracting Party may designate two individuals who shall, in the case of Contracting Parties which are also party to the GATT, if they are willing and able to serve as panellists under this annex, be panellists currently nominated for the purpose of GATT dispute panels. The Secretary-General may also designate, with the approval of the Charter Conference, not more than ten individuals, who are willing and able to serve as panellists, for purposes of dispute resolution in accordance with paragraphs 2) to 4). The Charter Conference may in addition decide to designate for the same purposes up to 20 individuals, who serve on dispute settlement rosters of other international bodies, who are willing and able to serve as panellists. The names of all of the individuals so designated shall constitute the dispute settlement roster. Individuals shall be designated strictly on the basis of objectivity, reliability and sound judgement and, to the greatest extent possible, shall have expertise in international trade and energy matters, in particular as relates to provisions applicable under article 29. In fulfilling any function under this annex, designees shall not be affiliated with or take instructions from any Contracting Party. Designees shall serve for renewable terms of five years and until their successors have been designated. A designee whose term expires shall continue to fulfil any function for which that individual has been chosen under this annex. In the case of death, resignation or incapacity of a designee, the Contracting Party or the Secretary-General, whichever designated said designee, shall have the right to designate another individual to serve for the remainder of that designee's term, the designation by the Secretary-General being subject to approval of the Charter Conference.

8) Notwithstanding the provisions contained in this annex, Contracting Parties are encouraged to consult throughout the dispute resolution proceeding with a view to settling their dispute.

9) The Charter Conference may appoint or designate other bodies or fora to perform any of the functions delegated in this annex to the Secretariat and the Secretary-General.

12 - ANNEX B

FORMULA FOR ALLOCATING CHARTER COSTS

[in accordance with article 37, 3)]

1) Contributions payable by Contracting Parties shall be determined by the Secretariat annually on the basis of their percentage contributions required under the latest available United Nations regular budget scale of assessment (supplemented by information on theoretical contributions for any Contracting Parties which are not UN members).

2) The contributions shall be adjusted as necessary to ensure that the total of all Contracting Parties' contributions is 100%.

13 - ANNEX PA

LIST OF SIGNATORIES WHICH DO NOT ACCEPT THE PROVISIONAL APPLICATION OBLIGATION OF ARTICLE 45, 3), b).

[in accordance with article 45, 3), c)]

1 - The Czech Republic.

2 - Germany.

3 - Hungary.

4 - Lithuania.

5 - Poland.

6 - Slovakia.

14 - ANNEX T

CONTRACTING PARTIES' TRANSITIONAL MEASURES

[in accordance with article 32, 1)]

List of Contracting Parties entitled to transitional arrangements

Albania.

Armenia.

Azerbaijan.

Belarus.

Bulgaria.

Croatia.

The Czech Republic.

Estonia.

Georgia.

Hungary.

Kazakhstan.

Kyrgyzstan.

Latvia.

Lithuania.

Moldova.

Poland.

Romania.

The Russian

Federation.

Slovakia.

Slovenia.

Tajikistan.

Turkmenistan.

Ukraine.

Uzbekistan.

List of provisions subject to transitional arrangements

([ver documento original](https://files.diariodarepublica.pt/1s/1996/11/265a00/40584149.pdf))

Article 6 , 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 anticompetitive conduct in economic activity in the energy sector.»

Albania

Sector - all energy sectors.

Level of government - national.

Description - there is no law on protection of competition in Albania. The law no. 7746 of 28 July 1993 on hydrocarbons and the law no. 7796 of 17 February 1994 on minerals do not include such provisions. There is no law on electricity which is in the stage of preparation. This law is planned to be submitted to the Parliament by the end of 1996. In these laws Albania intends to include provisions on anti-competitive conduct.

Phase-out - 1 January 1998.

Armenia

Sector - all energy sectors.

Level of government - national.

Description - at present a state monopoly exists in Armenia in most energy sectors. There is no law on protection of competition, thus the rules of competition are not yet being implemented. There are no laws on energy. The draft laws on energy are planned to be submitted to the Parliament in 1994. The laws are envisaged to include provisions on anti-competitive behaviour, which would be harmonized with the EC legislation on competition.

Phase-out - 31 December 1997.

Azerbaijan

Sector - all energy sectors.

Level of government - national.

Description - the anti-monopoly legislation is at the stage of elaboration.

Phase-out - 1 January 2000.

Belarus

Sector - all energy sectors.

Level of government - national.

Description - anti-monopoly legislation is at the stage of elaboration.

Phase-out - 1 January 2000.

Georgia

Sector - all energy sectors.

Level of government - national.

Description - laws on demonopolization are at present at the stage of elaboration in Georgia and that is why the State has so far the monopoly for practically all energy sources and energy resources, which restricts the possibility of competition in the energy and fuel complex.

Phase-out - 1 January 1999.

Kazakhstan

Sector - all energy sectors.

Level of government - national.

Description - the law on development of competition and restriction of monopolistic activities (no. 656 of 11 June 1991) has been adopted, but is of a general nature. It is necessary to develop the legislation further, in particular by means of adopting relevant amendments or adopting a new law.

Phase-out - 1 January 1998.

Kyrgyzstan

Sector - all energy sectors.

Level of government - national.

Description - the law on anti-monopoly policies has already been adopted. The transitional period is needed to adapt provisions of this law to the energy sector which is now strictly regulated by the state.

Phase-out - 1 July 2001.

Moldova

Sector - all energy sectors.

Level of government - national.

Description - the law on restriction of monopolistic activities and development of competition of 29 January 1992 provides an organizational and legal basis for the development of competition, and of measures to prevent, limit and restrict monopolistic activities; it is oriented towards implementing market economy conditions. This law, however, does not provide for concrete measures of anticompetitive conduct in the energy sector, nor does it cover completely the requirements of article 6.

In 1995 drafts of a law on competition and a state programme of demonopolization of the economy will be submitted to the Parliament. The draft law on energy which will be also submitted to the Parliament in 1995 will cover issues on demonopolization and development of competition in the energy sector.

Phase-out - 1 January 1998.

Romania

Sector - all energy sectors.

Level of government -national.

Description - the rules of competition are not yet implemented in Romania. The draft law on protection of competition has been submitted to the Parliament and is scheduled to be adopted during 1994.

The draft contains provisions with respect to anticompetitive behaviour, harmonized with the EC's law on competition.

Phase-out - 31 December 1996.

The Russian Federation

Sector - all energy sectors.

Level of government - the Federation.

Description - a comprehensive framework of antimonopoly legislation has been created in the Russian Federation but other legal and organizational measures to prevent, limit or suppress monopolistic activities and unfair competition will have to be adopted and in particular in the energy sector.

Phase-out - 1 July 2001.

Slovenia

Sector - all energy sectors.

Level of government - national.

Description - law on protection of competition adopted in 1993 and published in Official Journal, no. 18/93 treats anti-competitive conduct generally. The existing law also provides for conditions for the establishment of competition authorities. At present the main competition authority is the Office of Protection of Competition in the Ministry of Economic Relations and Development. With regard to importance of energy sector a separate law in this respect is foreseen and thus more time for full compliance is needed.

Phase-out - 1 January 1998.

Tajikistan

Sector - all energy sectors.

Level of government - national.

Description - in 1993 Tajikistan passed the law on demonopolization and competition. However, due to the difficult economic situation in Tajikistan, the jurisdiction of the law has been temporarily suspended.

Phase-out - 31 December 1997.

Turkmenistan

Sector - all energy sectors.

Level of government - national.

Description - under the Ruling of the President of Turkmenistan no. 1532 of 21 October 1993 the Committee on Restricting Monopolistic Activities has been established and is acting now, the function of which is to protect enterprises and other entities from monopoly conduct and practices and to promote the formation of market principles on the basis of the development of competition and entrepreneurship.

Further development of legislation and regulations is needed which would regulate anti-monopoly conduct of enterprises in the economic activity in the energy sector.

Phase-out - 1 July 2001.

Uzbekistan

Sector - all energy sectors.

Level of government - national.

Description - the law on restricting monopoly activities has been adopted in Uzbekistan and has been in force since July 1992. However, the law (as is specified in article 1, paragraph 3), does not extend to the activities of enterprises in the energy sector.

Phase-out - 1 July 2001.

Article 6 , 5)

«If a Contracting Party considers that any specified anticompetitive 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 anticompetitive conduct that is the subject of the notification and shall include an offer of such further information and cooperation as that 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 anticompetitive 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.»

Albania

Sector - all energy sectors.

Level of government - national.

Description - in Albania there are no established institutions to enforce the competition rules. Such institutions will be provided for in the law on the protection of competition which is planned to be finalized in 1996.

Phase-out - 1 January 1999.

Armenia

Sector-all energy sectors.

Level of government - national.

Description - institutions to enforce the provisions of this paragraph have not been established in Armenia.

The laws on energy and protection of competition are planned to include provisions to establish such institutions.

Phase-out - 31 Decembre 1997.

Azerbaijan

Sector - all energy sectors.

Level of government - national.

Description - anti-monopoly authorities shall be established after adoption of anti-monopoly legislation.

Phase-out - 1 January 2000.

Belarus

Sector - all energy sectors.

Level of government - national.

Description - anti-monopoly authorities shall be established after adoption of anti-monopoly legislation.

Phase-out - 1 January 2000.

Georgia

Sector - all energy sectors.

Level of government - national.

Description - laws on demonopolization are at present at the stage of elaboration in Georgia and that is why there are no competition authorities established yet.

Phase-out - 1 January 1999.

Kazakhstan

Sector - all energy sectors.

Level of government - national.

Description - an anti-monopoly Committee has been established in Kazakhstan, but its activity, needs improvement, both from legislative and organizational points of view, in order to elaborate an effective mechanism handling the complaints on anti- competitive conduct.

Phase-out - 1 January 1998.

Kyrgyzstan

Sector - all energy sectors.

Level of government - national.

Description - there is no mechanism in Kyrgyzstan to control the anti-competitive conduct and the relevant legislation. It is necessary to establish relevant anti-monopoly authorities.

Phase-out - 1 July 2001.

Moldova

Sector - all energy sectors.

Level of government - national.

Description - the Ministry of Economy is responsible for the control of competitive conduct in Moldova. Relevant amendments have been made to the law on breach of administrative rules, which envisage some penalties for violating rules of competition by monopoly enterprises.

The draft law on competition which is now at the stage of elaboration will have provisions on the enforcement of competition rules.

Phase-out - 1 January 1998.

Romania

Sector - all energy sectors.

Level of government - national.

Description - institutions to enforce the provisions of this paragraph have not been established in Romania.

The institutions charged with the enforcement of competition rules are provided for in the draft law on protection of competition which is scheduled to be adopted during 1994.

The draft also provides a period of nine months of enforcement, starting with the date of its publication.

According to the Europe Agreement establishing an association between Romania and the European Communities, Romania was granted a period of five years to implement competition rules.

Phase-out - 1 January 1998.

Tajikistan

Sector - all energy sectors.

Level of government - national.

Description - Tajikistan has adopted laws on demonopolization and competition, but institutions to enforce competition rules are in the stage of development. Phase-out - 31 December 1997.

Uzbekistan

Sector - all energy sectors.

Level of government - national.

Description - the law on restricting monopoly activities has been adotped in Uzbekistan and has been in force since July 1992. However, the law [as is specified in article 1, paragraph 31 does not extend to the activities of the enterprises in the energy sector.

Phase-out - 1 July 2001.

Article 7 , 4)

«In the event that transit of energy materials and products cannot be achieved on commercial terms by means of energy transport facilities the Contracting Parties shall not place obstacles in the way of new capacity being established, except as may be otherwise provided in applicable legislation which is consistent with paragraph 1).»

Azerbaijan

Sector - all energy sectors.

Level of government - national.

Description - it is necessary to adopt a set of laws on energy, including licensing procedures regulating transit. During a transition period it is envisaged to build and modernize power transmission lines, as well as generating capacities with the aim of bringing their technical level to the world requirements and adjusting to conditions of a market economy.

Phase-out - 31 December 1999.

Belarus

Sector - all energy sectors.

Level of government - national.

Description - laws on energy, land and other subjects are being worked out at present, and until their final adoption, uncertainty remains as to the conditions for establishing new transport capacities for energy carriers in the territory of Belarus.

Phase-out - 31 December 1998.

Bulgaria

Sector - all energy sectors.

Level of government - national.

Description - Bulgaria has no laws regulating transit of energy materials and products. An overall restructuring is ongoing in the energy sector, including development of institutional framework, legislation and regulation.

Phase-out - the transitional period of 7 years is necessary to bring the legislation concerning the transit of energy materials and products in full compliance with this provision.

1 July 2001.

Georgia

Sector - all energy sectors.

Level of government - national.

Description-it is necessary to prepare a set of laws on the matter. At present there are substantially different conditions for the transport and transit of various energy sources in Georgia (electric power, natural gas, oil products, coal).

Phase-out - 1 January 1999.

Hungary

Sector - electricity industry.

Level of government - national.

Description - according to the current legislation establishment and operation of high-voltage transmission lines is a state monopoly.

The creation of the new legal and regulatory framework for establishment, operation and ownership of high-voltage transmission lines is under preparation.

The Ministry of Industry and Trade has already taken the initiative to put forward a new act on electricity power, that will have its impact also on the Civil Code and the act on concession. Compliance can be achieved after entering in force of the new law on electricity and related regulatory decrees.

Phase-out - 31 December 1996.

Poland

Sector - all energy sectors.

Level of government - national.

Description - Polish law on energy, being in the final stage of coordination, stipulates for creating new legal regulations similar to those applied by free market countries (licenses to generate, transmit, distribute and trade in energy carriers). Until it is adopted by the Parliament a temporary suspension of obligation under this paragraph is required.

Phase-out - 31 December 1995.

Article 9 , 1)

«The Contracting Parties acknowledge the importance of open capital markets in encouraging the flow of capital to finance trade in energy materials and products and for the making of and assisting with regard to investments in economic activity in the energy sector in the areas of other Contracting Parties, particularly those with economies in transition. Each Contracting Party shall accordingly endeavour to promote conditions for access to its capital market by companies and nationals of other Contracting Parties, for the purpose of financing trade in energy materials and products and for the purpose of investment in economic activity in the energy sector in the areas of those other Contracting Parties, on a basis no less favourable that than which it accords in like circumstances to its own companies and nationals or companies and nationals of any other Contracting Party or any third state, whichever is the most favourable.»

Azerbaijan

Sector - all energy sectors.

Level of government - national.

Description - relevant legislation is at the stage of elaboration.

Phase-out - 1 January 2000.

Belarus

Sector - all energy sectors.

Level of government - national.

Description - relevant legislation is at the stage of elaboration.

Phase-out - 1 January 2000.

Georgia

Sector - all energy sectors.

Level of government - national.

Description - relevant legislation is at the stage of preparation.

Phase-out - 1 January 1997.

Kazakhstan

Sector - all energy sectors.

Level of government - national.

Description - the bill on foreign investments is at the stage of authorization approval with the aim to adopt it by Parliament in autumn 1994.

Phase-out - 1 July 2001.

Kyrgyzstan

Sector - all energy sectors.

Level of government -national.

Description - relevant legislation is currently under preparation.

Phase-out - 1 July 2001.

Article 10 , 7) - Specific measures

«Each Contracting Party shall accord to investments in its area of investors of another Contracting Party, and their related activities including management, maintenance, use, enjoyment or disposal, treatment no less favourable than that which it accords to investments of its own investors or of the investors of any other Contracting Party or any third state and their related activities including management, maintenance, use, enjoyment or disposal, whichever is the most favourable.»

Bulgaria

Sector - all energy sectors.

Level of government - national.

Description - foreign persons may not acquire property righs over land. A company with more than 50 per cent of foreign person's share may not acquire property right over agricultural land.

Foreigners and foreign legal persons may not aquire property righs over land except by way of inheritance according to the law. In this case they have to make it over.

A foreign persons may aquire property rights over the land.

Foreign persons or companies with foreign controlling participation must obtain a permit before performing the following activities:

Exploration, development and extraction of natural resources from the territorial sea, continental shelf or exclusive economic zone;

Acquisition of real estate in geographic regions designated by the Council of Ministers.

The permits are issued by the Council of Ministers or by a body authorized by the Council of Ministers.

Phase-out - 1 July 2001.

Article 14 , 1), d)

«Each Contracting Party shall with respect to investments in its area of investors of any other Contracting Party guarantee the freedom of transfer into and out of its area, including the transfer of:

Unspent earnings and other remuneration of personnel engaged from abroad in connection with that investment;»

Bulgaria

Sector - all energy sectors.

Level of government - national.

Description - foreign nationals employed by companies with more than 50 per cent of foreign participation, or by a foreign person registered as sole trader or a branch or a representative office of a foreign company in Bulgaria, receiving their salary in Bulgarian leva, may purchase foreign currency not exceeding 70 per cent of their salary, including social security payments.

Phase-out - 1 July 2001.

Hungary

Sector - all energy sectors.

Level of government - national.

Description - according to the act on investiments of foreigners in Hungary, article 33, foreign top managers, executive managers, members of the supervisory board and foreign employees may transfer their income up to 50 per cent of their aftertax earnings derived from the company of their employment the bank of their company.

Phase-out - The phase out of this particular restriction depends on the progress Hungary is able to make in the implementation of the foreign exchange liberalization programme whose final target is the full convertibility of the forint. This restriction does not create barriers to foreign investors. Phase-out is based on stipulations of article 32.

1 July 2001.

Article 20 , 3)

«Each Contracting Party shall designate one or more enquiry points to which requests for information about the above mentioned laws, regulations, judicial decisions and administrative rulings may be addressed and shall communicate promptly such designation to the Secretariat which shall make it available on request.»

Armenia

Sector - all energy sectors.

Level of government - national.

Description - in Armenia there are no official enquiry points yet to which requests for information about the relevant laws and other regulations could be addressed. There is no information centre either. There is plan to establish such a centre in 1994-1995. Technical assistance is required.

Phase-out - 31 December 1996.

Azerbaijan

Sector - all energy sectors.

Level of government - national.

Description - there are no official enquiry points so far in Azerbaijan to which requests for information about relevant laws and regulations could be addressed. At present such information is concentrated in various organizations.

Phase-out - 31 December 1997.

Belarus

Sector - all energy sectors.

Level of government - national.

Description - official enquiry offices which could give information on laws, regulations, judicial decisions and administrative rulings do not exist yet in Belarus. As far as the judicial decisions and administrative rulings are concerned there is no practice of their publishing.

Phase-out - 31 December 1998.

Kazakhstan

Sector - all energy sectors.

Level of government - national.

Description - the process of establishing enquiry points has begun. As far as the judicial decisions and administrative rulings are concerned they are not published in Kazakhstan (except for some decisions made by the Supreme Court), because they are not considered to be sources of law. To change the existing practice will require a long transitional period.

Phase-out - 1 July 2001.

Moldova

Sector - all energy sectors.

Level of government - national.

Description - it is necessary to establish enquiry points. Phase-out - 31 December 1995.

The Russian Federation

Sector - all energy sectors.

Level of government - the Federation and the republics constituting Federation.

Description - no official enquiry points exist in the Russian Federation as of now to which requests for information about relevant laws and other regulation acts could be addressed. As far as the judicial decisions and administrative rulings are concerned they are not considered to be sources of law.

Phase-out - 31 December 2000.

Slovenia

Sector - all energy sectors.

Level of government - national.

Description - in Slovenia there are no official enquiry points yet to which requests for information about relevant laws and other regulatory acts could be addressed. At present such information is available in various ministries. The law on foreign investments which is under preparation foresees establishment of such an enquiry point.

Phase-out - 1 January 1998.

Tajikistan

Sector - all energy sectors.

Level of government - national.

Description - there are no enquiry points yet in Tajikistan to which requests for information about relevant laws and other regulations could be addressed. It is only a question of having available funding.

Phase-out - 31 December 1997.

Ukraine

Sector - all energy sectors.

Level of government -national.

Description -improvement of the present transparency of laws up to the level of international practice is required. Ukraine will have to establish enquiry points providing information about laws, regulations, judicial decisions and administrative rulings and standards of general application.

Phase-out - 1 January 1998.

Article 22 , 3)

«Each Contracting Party shall ensure that if it establishes or maintains a state entity and entrusts the entity with regulatory, administrative or other governmental authority, such entity shall exercise that authority in a manner consistent with the Contracting Party's obligations under this Treaty.»

The Czech Republic

Sector - uranium and nuclear industries.

Level of government - national.

Description - in order to deplete uranium ore reserves that are stocked by Administration of State Material Reserves, no imports of uranium ore and concentrates, including uranium fuel bundles containing uranium of non-Czech origin, will be licensed.

Phase-out - 1 July 2001.

([ver documento original](https://files.diariodarepublica.pt/1s/1996/11/265a00/40584149.pdf))

ANNEX 2

DECISIONS WITH RESPECT TO THE ENERGY CHARTER TREATY

The European Energy Charter Conference has adopted the following decisions:

1 - With respect to the Treaty as a whole. - In the event of a conflict between the treaty concerning Spitsbergen of 9 February 1920 (the Svalbard Treaty) and the Energy Charter Treaty, the treaty concerning Spitsbergend shall prevail to the extent of the conflict, without prejudice to the positions of the Contracting Parties in respect of the Svalbard Treaty. In the event of such conflict or a dispute as to whether there is such conflict or as to its extent, article 16 and part v of the Energy Charter Treaty shall not apply.

2 - With respect to article 10, 7). - The Russian Federation may require that companies with foreign participation obtain legislative approval for the leasing of federally-owned property, provided that the Russian Federation shall ensure without exception that this process is not applied in a manner which discriminates among investments of investors of other Contracting Parties.

3 - With respect to article 14 (ver nota *):

1) The term «freedom of transfer» in article 14, 1), does not preclude a Contracting Party (hereinafter referred to as the «Limiting Partt») from applying restrictions on movement of capital by its own investors, provided that:

2) This decision shall be subject to examination by the Charter Conference five years after entry intoforce of the Treaty, but not later than the date envisaged in article 32, 3);

3) No Contracting Party shall be eligible to apply such restrictions unless it is a Contracting Party which is a State that was a constituent part of the former Union of Soviet Socialist Republics, which has notified the provisional Secretariat in writing no later than 1 July 1995 that it elects to be eligible to apply restrictions in accordance with this decision;