Amendment to the Rules of Procedure of the Conference

By document CC 618 Rev dated 26 October 2018, the Energy Charter Conference was invited to approve the following amendment (in red below) to Rule 13 A of the Rules of Procedure of the Conference

Manual on Data Protection

By document CC 627 dated 26 October 2018, delegations were invited to approve the draft Manual on Data Protection together with the proposed change to Staff Regulation 2.c. as recommended by the Budget Committee.

Rosters of trade panellists and transit conciliators

Modernisation of the Energy Charter Treaty

The Energy Charter Conference approved the list of topics for modernisation of the Energy Charter Treaty. 

Model Instrument on Management of Investment Disputes

The Energy Charter Conference took note on the Model Instrument on Management of Investment Disputes and recommended Contracting Parties to consider it. 

Best practices in regulatory reform

By document CC 598, dated 22 September 2017, the Conference was invited to welcome and endorse the best practices in regulatory reform. As specified by Rule 19 (b) of the Rules of Procedure concerning the adoption of decisions by correspondence, members of the Energy Charter Conference were informed that any delegation that wished to object to this decision should notify the Secretariat of its position in writing by 11 October 2017.

Modernisation of the Energy Charter Treaty

The Energy Charter Conference at its 28th Meeting held on 28-29 November 2017 approved the timeline for the discussion on modernisation during 2018 and the document to be used for the open consultation with Observers and the industry (attached hereto). The Conference also supported the nomination of Ms Sofia Sanz Estébanez as Chair of the Subgroup of Modernisation.

Removing barriers to the establishment of energy investments

By document CC 570, dated 29 September 2016, the Conference was invited to approve a draft conference decision related to Removing barriers to the establishment of energy investments. Having received no objections within the specified time limit, on 18 October 2016 the Conference approved the proposed decision.

Adoption of the amendments to the Rules of Conciliation

By document CC 520 dated 22 September 2015, delegations were invited to approve the amendments to the Rules Concerning the Conduct of Conciliation of Transit Disputes. As specified by Rule 20 of the Rules of Procedure (CC 53 Corr. 2) concerning the adoption of decisions by correspondence, members of the Energy Charter Conference were informed that any delegation that wished to object to this proposal should notify the Secretariat of its position in writing by 12 October 2015.

Approval of the Declaration on Promotion of the Environmental Goods Agreement

By document CC 522, dated 23 October 2015, delegations were invited to adopt the Declaration on Promotion of the Environmental Goods Agreement as agreed by the Trade and Transit Group. As specified by Rule 20 of the Rules of Procedure concerning the adoption of decisions by correspondence, members of the Energy Charter Conference were informed that any delegation that wished to object to this proposal should notify the Secretariat of its position in writing by 11 November 2015.

Approval of the Conclusions of the Review under Art 34(7) ECT

By CC 492 dated 30 October 2014, delegations were invited to approve the Conclusions of the Review under 34(7) ECT.

Issues related to the adoption of the International Energy Charter in 2015

The Energy Charter Conference at its 25th Meeting held on 26th November 2014, welcomed the progress made since the decision at the 23rd Meeting of the Conference in Warsaw to engage in a process that might lead to the adoption of an updated version of the European Energy Charter;

Model Energy Charter Early Warning Mechanism

The Energy Charter Conference at its 25th Meeting held on 26th November 2014 welcomed the work of the Trade and Transit Group in preparing a Model Energy Charter Early Warning Mechanism that parties can refer to, voluntarily, on a case by case basis, in order to prevent and overcome emergency situations in the energy sector related to the Transit and supply of electricity, natural gas, oil and oil products through cross-border grids and pipelines and welcomed the availability of this Model mecanism to the Signatories of the future International Energy Charter.

Adoption of the de-restriction of CCDEC documents and change in the default setting of CC documents

By CC document 463, dated 4 November 2013, delegations were invited to approve the de-restriction of CCDEC documents and change in the default setting of CC documents.

Technical Changes to annexes EM I, NI and EQ I

At its 24rd Meeting held on 5th/6th December 2013, the Energy Charter Conference, has decided to approve technical changes to Annexes EM I, NI and EQ I to the Energy Charter Treaty by laying out the headings where the changes in wording were made

Assessment of the ECT provisions with regard to low-carbon investment

At the request of the Chairman, [the Energy Charter Conference at its 23rd Meeting held on 26th/27th November 2012] took note of the Assessment of the ECT provisions with regard to low-carbon investment (CC 439 - Annex).

Binding customs tariff standstill regime

[The Energy Charter Conference at its 23rd Meeting held on 26th/27th November 2012] duly adopted the decision regarding the binding customs tariff standstill regime in CC 443 (Annex).

Decision on the draft Transit Protocol

The Energy Charter Conference at its 22nd Meeting held on 29th November 2011 adopted the Decision put forward by the Chairman (CC 423) (Annex).

Decision regarding the possibility to move to the binding tariff regime for import and export customs duties on selected items (Art. 29(6) and (7) of the ECT)

The Energy Charter Conference at its 22nd Meeting held on 29th November 2011] adopted the Decision put forward by the Chairman (CC 415) (Annex).

Road Map for the Modernisation of the Energy Charter Process

The Energy Charter Conference has adopted this Road Map for the Modernization of the Energy Charter Process as a strategic document to orientate the work of the subsidiary bodies and the Secretariat towards 2014, by integrating the outputs described in the Road Map on the basis of available resources within the annual Programmes of Work and in full respect for other work to be conducted under existing mandates

Decision on Next Steps in Relation to the Draft Transit Protocol

The Energy Charter Conference at its 18th Meeting held on 7 December 2007 adopted the following conclusion in relation to multilateral consultations on the draft Transit Protocol as presented in document CC 335.

Decision on the Draft Energy Charter Protocol on Transit

The Energy Charter Conference at its 16th Meeting held on 9 December 2005 adopted the following conclusions on the Draft Energy Charter Protocol

Best-Practice Guidelines on Energy Market Restructuring, including privatisation

The Energy Charter Conference at its 12th Meeting held on 26 June 2003 welcomed the final draft of the Best-Practice Guidelines on Energy Market Restructuring, including Privatisation, circulated in document CC 240. The Conference approved a welcoming note to the Guidelines.

Nomination for the Roster of Trade Dispute Settlement Panelists

The Conference approved the nomination, proposed by the Secretary General in Room Document 2, of two panelists, Ambassador Donald Kenyon and Mr John Arnott (both Australia), for the roster of trade dispute settlement panelists established under Annex D of the Treaty. The Chairman welcomed these appointments and thanked the government of Australia for its helpful contribution in this matter

Addendum to the Rules Concerning the Conduct of Conciliation of Transit Disputes: Adjournment of adoption until a future Conference Meeting

Timetable for finalisation of Negotiations on the Energy Charter Transit Protocol and for its adoption and signing

The Energy Charter Conference at its 7th Meeting held on 11 May 2001 approved a revised timetable circulated in Room Document 1 [attached at Annex] for the conclusion of the negotiations and for the adoption of the Protocol.

Withdrawal of an Addendum to the Rules Concerning the Conduct of Conciliation on Transit Disputes from the agenda

In process of discussion of the agenda, the Chairman noted that consultations had revealed that there was no consensus in support of the decision proposed in document CC 187 concerning an Addendum to the Rules Concerning the Conduct of Conciliation on Transit Disputes, in the light of which the Chairman proposed that this document be withdrawn from the agenda.

Review of Non-conforming measures with respect to privatisation

The Energy Charter Conference at its 5th Meeting held on 29 June 2000 noted the review of the group of non-conforming measures with respect to privatisation. With respect to this review, the Conference adopted the Conclusions attached.

Recommendations / Best Practice Guidelines on Market Restructuring

The Energy Charter Conference at its 5th Meeting held on 29 June 2000 noted Room Document 5 concerning the examination by the Investment Group of Country Reports on Market Restructuring, in particular a Country report on Armenia, and adopted the Conclusions attached at [Annex] concerning the development of Recommendations/Best Practice Guidelines on Market Restructuring, inviting the Secretariat and the Investment Group to continue to work on the Recommendations/Best Practice Guidelines with a view to including in it further proposals based on discussions in the group, and to report back to the Conference in December with a completed list of recommendations.

Timetable for finalisation of Negotiations on the Energy Charter Transit Protocol and for its adoption and signing

The Energy Charter Conference at its 6 th Meeting held on 7 December 2000 approved the timetable for finalisation of negotiations on the Energy Charter Transit Protocol and for its adoption and signing attached.

Procedures for Changes to Annex ID of the Energy Charter Treaty

Following the decisions by the Conference to list Bosnia and Herzegovina (CC 42), the Former Yugoslav Republic of Macedonia (CC 82) and Mongolia (CC 132) in Annex ID of the Treaty, the Conference document CC 138 proposed procedures for effecting these decisions.

Based on consultations with delegations, the Conference Chairman proposed a modification of the Decision contained in CC 138 (RD 4). The modification reflects the wish of the Conference to give approval for Annex ID listings only on a case-by-case basis. The Conference approved this proposal and confirmed, as a technical change, the addition of Bosnia and Herzegovina, the Former Yugoslav Republic of Macedonia and Mongolia to the list of Contracting Parties in Annex ID of the Treaty. The full text of the corresponding Decision is attached as Annex I.

The delegation of Japan requested the Chairman to include in the Summary Record its statement concerning this Decision. This statement is attached as Annex II

Transitional Arrangements

The Conference was informed about the review of transitional arrangements held on 8 November 1999. The review recommended that Armenia be granted an additional extension of its transitional period regarding Article 6(5) which had been considered necessary for the successful completion of its legislative process in this field.

Expansion of the Energy Charter Process: Accession Procedures, Accession Reports Preparation Guidelines

The Conference noted the policy for expansion of the Energy Charter process, including the existing options for participation, and the procedures, conditions and criteria for accession to the Energy Charter Treaty and the Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects included in Annexes 1, 2 and 3 (with Attachment) of document CC 146 with the following amendment:

Point 7 of Annex 1 (Policy: Openness of the Energy Charter process) shall read: “The process leading to eventual invitations by the Energy Charter Conference to new States/REIOs to accede to the Treaty/Protocol needs to take into account the existing budgetary and organisational potential of the Conference.”

Supplementary Treaty: Procedural Proposal

The Energy Charter Conference at its 4th Meeting held on 7 December 1999 took note of the report by the Chairman and the Secretariat and approved the procedural proposal by the Chairman

Concerning the request of Turkey to be listed in Annex ID of the Energy Charter Treaty

Amendment to the Trade-Related Provisions of the Energy Charter Treaty

The Chairman reminded delegations of the special character of the adoption of the text of the Amendment to the Trade-Related Provisions of the Energy Charter Treaty. It was proposed that the text be adopted under the modalities of an international conference and under the Energy Charter Treaty according to its terms

Adjournment of the negotiations on the Supplementary Treaty to the Energy Charter Treaty

Transitional Arrangements

The Conference, considering the Work Programme for 1998 concerning reviews of Annex T and the notifications of Signatories/Contracting Parties eligible for transitional arrangements, welcomed the further progress towards elimination of non-complying measures by Signatories/Contracting Parties

Provisional use of Conciliation Rules for Transit Disputes (pending final approval)

In view of the entry into force of the Treaty on 16 April 1998, the Conference agreed that, pending final approval, the Rules concerning the Conduct of Conciliation of Transit Disputes in the Annex to document CC 103 Rev. may be applied in the case of a dispute.

Confirmation of Decisions of the Provisional Energy Charter Conference

The Conference agreed that Decisions taken by the Provisional Charter Conference would be applicable after entry into force of the Energy Charter Treaty, including the decision relating to the request for the Governing Body of the ILO to agree to extend the jurisdiction of the ILO Appeal Tribunal to disputes involving the staff of the Secretariat.

Consultations on a Multilateral Transit Framework

The Conference took note of the report of the Transit Working Group and approved the note submitted by the Working Group on issues to be covered in future consultations on a Multilateral Transit Framework

Transitional Arrangements

The Conference reviewed the progress of those Signatories listed in Annex T regarding provisions of the Treaty for which those Signatories claim temporary suspensions. Based on notifications from Signatories, the Secretariat had prepared a progress report giving a comprehensive overview of the current situation and containing a survey of all transitional suspensions

Negotiations based on report from WG III: Energy-Related Equipment

Some non-WTO countries expressed concern with respect to inclusion of multipurpose items and energy consuming equipment not directly related to energy investments. It was underlined that the relative importance of the trade provisions had to be understood: the trade regime in the ECT is by its nature transitional until all parties have become members of the WTO; all delegations expressed their wish for a quick accession process. The purpose of the trade provisions of the ECT and the ongoing negotiations to include energy-related equipment were two-fold: to bridge the gap until non-WTO members became members of the WTO and to assist them in their accession process

Process of Negotiations on Additional Protocols

The texts of [Supplementary Treaty, Draft Trade Amendment and Energy-Related Equipment] will be submitted to the Legal Advisory Committee for scrutiny

Chairman's Conclusions on Negotiations on Supplementary Treaty, Trade Amendment and Energy-Related Equipment

Negotiations on the Supplementary Treaty (CC 106) and Negotiations on the Trade Amendment and the Energy-Related Equipment (CC 107 ) were covered  by the Chairman's conclusions contained in CC 111 which was circulated on 19 December 1997.

Establishment of the Working Groups and adjournment of the negotiations on additional

Protocols Following the formal opening of negotiations on the supplementary treaty and on trade issues at the first meeting of the provisional Charter Conference (CC1 paragraph 9), the Conference decided to establish Working Groups as subsidiary bodies of the Conference

Opening of negotiations on a supplementary treaty (Article 10(4))

The Conference formally opened negotiations on a supplementary treaty as required by Article 10(4) of the Energy Charter Treaty. It invited the Secretary-General to begin consultations with delegations and to convoke a first meeting of a new Working Group on this issue in February or March 1995.

Opening of negotiations on a Treaty amendment dealing with Tariff Standstill (Article 29(6))

The Conference formally opened negotiations on a Treaty amendment dealing with tariff standstill, as required by Article 29(6) of the Energy Charter Treaty. It invited the SecretaryGeneral to submit proposals to its next meeting on the constitution of a Working Group to deal with this subject, on the terms of reference of that Group, and on the timing of its first meeting.

Opening of negotiations on the inclusion of Energy-Related Equipment in the Trade Provisions of the Treaty (Article 31)

The Conference formally opened negotiations on the inclusion of energy-related equipment in the trade provisions of the Energy Charter Treaty, as required by its Article 31. It invited the Secretary-General to submit proposals to its next meeting on the constitution of a Working Group to deal with this subject, on the terms of reference of that Group, and on the timing of its first meeting.