1(5) - Energy Charter Treaty

Article 1(5)

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

UNDERSTANDING with respect to Article 1(5)

(a) It is understood that the Treaty confers no rights to engage in economic activities other than Economic Activities in the Energy Sector.

(b) The following activities are illustrative of Economic Activity in the Energy Sector:

(i) prospecting and exploration for, and extraction of, e.g., oil, gas, coal and uranium;
(ii) construction and operation of power generation facilities, including those powered by wind and other renewable energy sources;
(iii) land transportation, distribution, storage and supply of Energy Materials and Products, e.g., by way of transmission and distribution grids and pipelines or dedicated rail lines, and construction of facilities for such, including the laying of oil, gas, and coal-slurry pipelines;
(iv) removal and disposal of wastes from energy related facilities such as power stations, including radioactive wastes from nuclear power stations;
(v) decommissioning of energy related facilities, including oil rigs, oil re neries and power generating plants;
(vi) marketing and sale of, and trade in Energy Materials and Products, e.g., retail sales of gasoline; and
(vii) research, consulting, planning, management and design activities related to the activities mentioned above, including those aimed at Improving Energy Efficiency.

From BA 12 (09/04/92) to BA 14 (24/06/92): Article 1.13 - Definitions
BA-22 (21/10/92): Para 2 of Annex 1 to Article 16.10 – Promotion, Protection and Treatment of Investments
BA-26 (25/11/92): Article 16.10 – Promotion, Protection and Treatment of Investments
BA-31 (21/12/92): Article 1.4 – Definitions and Article 16.10 – Promotion, Protection and Treatment of Investments + Note for accompanying document
BA-35 (09/02/93): Article 1.5 – Definitions and Article 16.10 – Promotion, Protection and Treatment of Investments + Note for accompanying document
BA-37 (01/03/93): Article 1.5 – Definitions and Article 16.10 – Promotion, Protection and Treatment of Investments + Ministerial Declaration 1 – To Article 1(5)
(Compromise text) ECT 1 [CONF 50] (15/03/93): Article 1.5 – Definitions + Ministerial Declaration 1 – To Article 1(5)
From ECT 2 [CONF 56] (01/05/93) to Compromise text [CONF 98] (22/04/94): Article 1.5 – Definitions + Ministerial Declaration 2 – To Article 1(5)
From Interim Text (20/06/94) to Interim Text (25/06/94): Article 1.5 – Definitions + Understanding 2 – To Article 1(5)
From CONF 104 (Text for adoption) (14/09/94) to Final Act and ECT as adopted (17/12/94): Article 1.5 – Definitions + Understanding 2 – With respect to Article 1(5)