were adopted in accordance with the modalities of the international conference

called for this purpose and under the Energy Charter Treaty in accordance

with the procedure provided for in the Treaty.

IV. The following Understandings with respect to the Amendment were adopted:

1. Understanding with respect to Article 29(2)(a) and Annex W:

Notwithstanding the listing of paragraph 6 of article XXIV of the GATT

1994 in Annex W (A)(1)(a)(i), any signatory a.ected by an increase in

customs duties or other charges of any kind imposed on or in connection

with importation or exportation referred to in the .rst sentence of that

paragraph, is entitled to seek consultations in the Charter Conference.

2. Understanding with respect to Article 29(7):

In the case of a signatory, not a member of the WTO, which is listed in

Annexes BR or BRQ or both, any concession o.ered formally in the process

of its accession to the WTO with respect to Energy Materials or Products

listed in Annex EM II or Energy-Related Equipment listed in Annex EQ II

shall, for the purpose of this Article, be regarded as a commitment under

the WTO.

3. Understanding with respect to Articles 29(6) and (7) and 34(3)(o):

The Charter Conference shall conduct an annual review with respect to any

possibility of moving items of Energy Materials and Products or Energy-

Related Equipment from Annexes EM I or EQ I to Annexes EM II or EQ

V. The following Declarations were made with respect to the Amendment:

Joint Declaration on Trade-Related Intellectual Property Rights

Signatories con.rm their commitment to provide e.ective protection of

intellectual property rights following the highest international standards.

72 See Chairman’s Statement at the Adoption Session on 24 April 1998, p. 206.

Intellectual property rights include for the purpose of this Declaration in

particular copyright and related rights (including computer programmes

and data bases), trademarks, geographical indications, patents, designs,

topographies of semiconductor products and undisclosed information.

Joint Declaration by the Russian Federation and the European Union

The Russian Federation has raised the issue of trade in nuclear materials. The

Russian Federation and the EU agreed that the Partnership and Cooperation

Agreement between the Russian Federation, the European Union and

its Member States, which entered into force on 1 December 1997, is the

appropriate framework to deal with this issue, as con.rmed in the conclusions

of 27 January 1998 Cooperation Council.

INTERIM PROVISIONS ON TRADE-RELATED MATTERS

(1) The provisions of this Article shall apply to trade in Energy Materials and

Products and Energy-Related Equipment while any Contracting Party is not a

member of the WTO.

(2) (a) Trade in Energy Materials and Products and Energy-Related Equipment

between Contracting Parties at least one of which is not a member of the

WTO shall be governed, subject to subparagraph (b) and to the exceptions

and rules provided for in Annex W, by the provisions of the WTO

Agreement, as applied and practised with regard to Energy Materials and

Products and Energy-Related Equipment by members of the WTO among

(b) Such trade of a Contracting Party which is a state that was a constituent

part of the former Union of Soviet Socialist Republics may instead be

governed, subject to the provisions of Annex TFU, by an agreement

between two or more such states, until 1 December 1999 or the admission

of that Contracting Party to the WTO, whichever is the earlier.

73 See Chairman’s Conclusion on the Implementation of Trade-Related Rules, at the Energy Charter Conference on

24 April 1998, p. 207.

74 See Final Act of the International Conference and Decision by the Energy Charter Conference in respect of the

Amendment to the Trade-Related Provisions of the Energy Charter Treaty, Understandings, n. 1. with respect to

Article 29(2)(a) and Annex W, p.

(3) (a) Each signatory to this Treaty, and each state or Regional Economic

Integration Organization acceding to this Treaty before 24 April 1998, shall

on the date of its signature or of its deposit of its instrument of accession

provide to the Secretariat a list of all customs duties and charges of any

kind imposed on or in connection with importation or exportation of

Energy Materials and Products, notifying the level of such customs duties

and charges applied on such date of signature or deposit. Each signatory to

this Treaty, and each state or Regional Economic Integration Organization

acceding to this Treaty before 24 April 1998, shall on that date provide to

the Secretariat a list of all customs duties and charges of any kind imposed

on or in connection with importation or exportation of Energy-Related

Equipment, notifying the level of such customs duties and charges applied

on that date.

(b) Each state or Regional Economic Integration Organization acceding to

this Treaty on or after 24 April 1998, shall, on the date of its deposit of

its instrument of accession, provide to the Secretariat a list of all customs

duties and charges of any kind imposed on or in connection with

importation or exportation of Energy Materials and Products and Energy-

Related Equipment, notifying the level of such customs duties and charges

applied on such date of deposit.

Any changes to such customs duties or charges of any kind imposed on

or in connection with importation or exportation shall be noti.ed to the

Secretariat, which shall inform the Contracting Parties of such changes.

(4) Each Contracting Party shall endeavour not to increase any customs duty

or charge of any kind imposed on or in connection with importation or

exportation:

(a) in the case of the importation of Energy Materials and Products listed in

Annex EM I or Energy-Related Equipment listed in Annex EQ I and

described in Part I of the Schedule relating to the Contracting Party referred

to in article II of the GATT 1994, above the level set forth in that Schedule,

if the Contracting Party is a member of the WTO;

(b) in the case of the exportation of Energy Materials and Products listed in

Annex EM I or Energy-Related Equipment listed in Annex EQ I, and that

of their importation if the Contracting Party is not a member of the WTO,

above the level most recently noti.ed to the Secretariat, except as permitted

by the provisions made applicable by subparagraph (2)(a).

(5) A Contracting Party may increase such customs duty or other charge above the

level referred to in paragraph (4) only if:

(a) in case of a customs duty or other charge imposed on or in connection with

importation, such action is not inconsistent with the applicable provisions

of the WTO Agreement, other than those provisions of the WTO

Agreement listed in Annex W; or

(b) it has, to the fullest extent practicable under its legislative procedures,

noti.ed the Secretariat of its proposal for such an increase, given other

interested Contracting Parties reasonable opportunity for consultation with

respect to its proposal, and accorded consideration to any representations

from such Contracting Parties.

(6) In respect of trade between Contracting Parties at least one of which is not a

member of the WTO, no such Contracting Party shall increase any customs

duty or charge of any kind imposed on or in connection with importation

or exportation of Energy Materials and Products listed in Annex EM II or

Energy-Related Equipment listed in Annex EQ II above the lowest of the

levels applied on the date of the decision by the Charter Conference to list the

A Contracting Party may increase such customs duty or other charge above

that level only if:

(a) in case of a customs duty or other charge imposed on or in connection with

importation, such action is not inconsistent with the applicable provisions

of the WTO Agreement, other than those provisions of the WTO

Agreement listed in Annex W; or

(b) in exceptional circumstances not elsewhere provided for in this Treaty, the

Charter Conference decides to waive the obligation otherwise imposed on a

Contracting Party by this paragraph, consenting to an increase in a customs

duty, subject to any conditions the Charter Conference may impose.

(7) Notwithstanding paragraph (6), in the case of trade referred to in that

paragraph, Contracting Parties listed in Annex BR in respect of Energy

Materials and Products listed in Annex EM II, or in Annex BRQ in respect

75 See Final Act of the International Conference and Decision by the Energy Charter Conference in respect of the

Amendment to the Trade-Related Provisions of the Energy Charter Treaty, Understandings, n. 3. with respect to

Article 29(6) and (7) and 34(3)(o), p.

of Energy-Related Equipment listed in Annex EQ II, shall not increase any

customs duty or other charge above the level resulting from their commitments

(8) Other duties and charges imposed on or in connection with importation or

exportation of Energy Materials and Products or Energy-Related Equipment

shall be subject to the provisions of the Understanding on the Interpretation of

Article II: 1(b) of the GATT 1994 as modi.ed according to Annex W.

(9) ANNEX D shall apply:

(a) to disputes regarding compliance with provisions applicable to trade under

this Article;

(b) to disputes regarding the application by a Contracting Party of any measure,

whether or not it con.icts with the provisions of this Article, which is

considered by another Contracting Party to nullify or impair any bene.t

accruing to it directly or indirectly under this Article; and

(c) unless the Contracting Parties parties to the dispute agree otherwise, to

disputes regarding compliance with Article 5 between Contracting Parties

at least one of which is not a member of the WTO,

Except that Annex D shall not apply to any dispute between Contracting

Parties, the substance of which arises under an agreement that:

(i) has been noti.ed in accordance with and meets the other requirements of

sub-paragraph (2)(b) and Annex TFU; or

(ii) establishes a free-trade area or a customs union as described in article XXIV

of the GATT 1994.

The Treaty shall be amended as follows:

In the Preamble, paragraph seven, replace "General Agreement on Tari.s and

Trade and its Related Instruments" with "Agreement Establishing the World Trade

Organization"

In the Preamble, paragraph eight, replace "related equipment" with "Energy-Related

Equipment".

76 See Final Act of the International Conference and Decision by the Energy Charter Conference in respect of the

Amendment to the Trade-Related Provisions of the Energy Charter Treaty, Understandings, n. 2. with respect

to Article 29(7), p. 168 and Final Act of the International Conference and Decision by the Energy Charter

Conference in respect of the Amendment to the Trade-Related Provisions of the Energy Charter Treaty,

Understandings, n. 3. with respect to Article 29(6) and (7) and 34(3)(o), p. 168.

In the Preamble, paragraph nine, replace "General Agreement on Tari.s and Trade"

and "parties thereto" with "World Trade Organization" and "members thereof "

In the Preamble, paragraph ten, replace "parties to the General Agreement on

Tari.s and Trade and its Related Instruments" with "members of the World Trade

Organization ".

In Article 1, replace the text of paragraph (4) with:

"(4) "Energy Materials and Products", based on the Harmonised System of the

World Customs Organization and the Combined Nomenclature of the

European Communities, means the items included in Annexes EM I or EM

II ."

In Article 1, after the text of paragraph (4) insert:

"(4bis) "Energy-Related Equipment", based on the Harmonised System of

the World Customs Organization, means the items included in Annexes EQ

I or EQ II ."

In Article 1, replace the text of paragraph (11) with :

"(a) "WTO" means the World Trade Organization established by the Agreement

Establishing the World Trade Organization.

(b) "WTO Agreement" means the Agreement Establishing the World

Trade Organization, its Annexes and the decisions, declarations and

understandings related thereto, as subsequently recti.ed, amended and

modi.ed from time to time.

(c) "GATT 1994" means the General Agreement on Tari.s and Trade as

speci.ed in Annex 1A to the Agreement Establishing the World Trade

Organization, as subsequently recti.ed, amended or modi.ed from time to

time."

In Article 3, after "Energy Materials and Products" insert "and Energy-Related

Equipment".

In Article 4, title, replace "GATT and Related Instruments" with "WTO Agreement"

and in the text of Article 4, replace "parties to the GATT" with "members of the

WTO" and replace "GATT and Related Instruments" with "WTO Agreement".

In Article 5, paragraph (1), insert "1994" following "article III and XI of the GATT"

and replace "GATT and Related Instruments" with "WTO Agreement".

In Article 14, paragraph (6), replace "GATT and Related Instruments" with "WTO

Agreement".

In Article 20, paragraph (1), replace "GATT and relevant Related Instruments" with

"WTO Agreement", and after "Energy Materials and Products" insert "or Energy-

Related Equipment".

In Article 21, paragraph (4), replace "Article 29(2) to (6)" with "Article 29(2) to (8)".

In Article 25, paragraph (3), replace "GATT and Related Instruments" with "WTO

Agreement".

In Article 34, paragraph (3) add after sub-paragraph (m):

"(n) consider and approve the listing of signatories in Annexes BR or BRQ or in

(o) consider and approve the addition of items to Annex EM II from Annex

EM I with the corresponding deletion of those items from Annex EM I and

consider and approve the addition of items to Annex EQ II from Annex EQ

In Article 34, paragraph (3) replace the denomination of sub-paragraph "(n)" with

sub-paragraph "(p)".

In Article 36(1)(d), replace "G" with "W".

In Article 36, in paragraph (1) after subparagraph (f) add:

"(g) approve the addition of items to Annex EM II from Annex EM I with the

corresponding deletion of those items from Annex EM I and approve the

addition of items to Annex EQ II from Annex EQ I with the corresponding

deletion of those items from Annex EQ I."

In Article 36, paragraph (4) replace "(f)" with "(g)".

In the ‘Table of Contents’ of Annexes to the Energy Charter Treaty, rename "Annex

EM" as "Annex EM I", insert as 2 to 4 the additional Annexes "Annex EM II Energy

Materials and Products (In accordance with Article 1(4))", "Annex EQ I List of

Energy-Related Equipment (In accordance with Article 1(4bis))" and "Annex EQ II

List of Energy-Related Equipment (In accordance with Article 1(4bis))".

In 9. Annex G, replace "GATT and Related Instruments" with "WTO Agreement",

and rename "Annex G" as "Annex W".

77 See Decisions in Connection with the Adoption of the Amendment to the Trade-Related Provisions of the

Energy Charter Treaty (Annex 2 to the Final Act), n. 1, p. 205 and Chairman’s Statement at the Adoption Session

on 24 April 1998, p. 206.

78 See Decisions in Connection with the Adoption of the Amendment to the Trade-Related Provisions of the

Energy Charter Treaty (Annex 2 to the Final Act), n. 1, p. 205 and Final Act of the International Conference and

Decision by the Energy Charter Conference in respect of the Amendment to the Trade-Related Provisions of the

Energy Charter Treaty, Understandings, n. 3. with respect to Article 29(6) and (7) and 34(3)(o), p. 168.

Renumber Annexes 2 to 10 as Annexes 5 to 13. Insert as 14 and 15 the additional

Annexes "Annex BR List of Contracting Parties which shall not increase any

customs duty or other charge above the level resulting from their commitments or

any provisions applicable to them under the WTO Agreement (In accordance with

Article 29(7))" and "Annex BRQ List of Contracting Parties which shall not increase

any customs duty or other charge above the level resulting from their commitments

or any provisions applicable to them under the WTO Agreement (In accordance

with Article 29(7))".

Renumber Annexes 11 to 14 as Annexes 16 to 19.

In respect of Annex D, replace "(In accordance with Article 29(7))" with "(In

accordance with Article 29(9))."

In Annex EM, rename "EM" as "EM I".

In Annex TRM, paragraph (1)(a) and (b) and in paragraph (3)(a) and (b), replace

"party to the GATT" with "member of the WTO".

In Annex TFU, paragraphs (2)(c), (4), .rst sentence, and (6), .rst sentence, replace

"GATT and Related Instruments" with "WTO Agreement".

In the heading replace "(In accordance with Article 29(7))" with "(In accordance

with Article 29(9))."

At the end of paragraph (1)(a), delete the period and add thereafter following "29":

", or about any measures that might nullify or impair any bene.t accruing to

a Contracting Party directly or indirectly under the provisions applicable to

trade under Article 29."

In paragraph (1)(b), at the end of the .rst sentence, delete the period and insert

thereafter following "29":

", or any measure that might nullify or impair any bene.t accruing to a

Contracting Party directly or indirectly under the provisions applicable to

trade under Article 29."

and in the second sentence, replace "GATT and Related Instruments" with "WTO

Agreement".

79 See Chairman’s Conclusion on the Implementation of Trade-Related Rules, at the Energy Charter Conference on

24 April 1998, p. 207.

In paragraph (1)(d), insert after the comma before "the Contracting Parties":

"or to nullify or impair any bene.t accruing to it directly or indirectly under

the provisions applicable to trade under Article 29, "

In paragraph (2)(a), second sentence, replace "GATT and Related Instruments" with

"WTO Agreement".

In paragraph (3)(a), second sentence, replace "GATT and Related Instruments" with

"WTO Agreement"

and replace the penultimate sentence with :

"Panels shall be guided by the interpretations given to the WTO Agreement

within the framework of the WTO Agreement and shall not question the

compatibility with Article 5 or 29 of practices applied by any Contracting Party

which is a member of the WTO to other members of the WTO to which it

applies the WTO Agreement and which have not been taken by those other

members to dispute resolution under the WTO Agreement."

In paragraph (4)(b), .rst sentence, replace "GATT or a Related Instrument" with

"WTO Agreement".

In paragraph (5)(c), replace "GATT or Related Instruments" with "WTO

Agreement".

In paragraph (7), .rst sentence, replace "party to the GATT" with

"member of the WTO"

and replace "panellists currently nominated for the purpose of GATT dispute

panels" with:

"persons whose names appear on the indicative list of governmental and

non-governmental individuals, referred to in article 8 of the Understanding

on Rules and Procedures Governing the Settlement of Disputes contained in

Annex 2 to the WTO Agreement or who have in the past served as panellists

on a GATT or WTO dispute settlement panel."

Add after paragraph (9):

"(10) Where a Contracting Party invokes Article 29(9)(b), this Annex shall apply,

subject to the following modi.cations:

(a) the complaining party shall present a detailed justi.cation in support

of any request for consultations or for the establishment of a panel

regarding a measure which it considers to nullify or impair any bene.t

accruing to it directly or indirectly under Article 29;

(b) where a measure has been found to nullify or impair bene.ts under

Article 29 without violation thereof, there is no obligation to withdraw

the measure; however, in such a case the panel shall recommend

that the Contracting Party concerned make a mutually satisfactory

adjustment;

(c) the arbitral panel provided for in paragraph (6)(b), upon the request of

either party, may determine the level of bene.ts that have been nulli.ed

or impaired, and may also suggest ways and means of reaching a

mutually satisfactory adjustment; such suggestions shall not be binding

upon the parties to the dispute".

The following Annex shall replace Annex G of the Treaty:

The following provisions of the WTO Agreement shall not be applicable under

Article 29(2)(a):

(1) Agreement Establishing the World Trade Organization

All except article IX, paragraphs 3 and 4 and XVI, paragraphs 1, 3 and 4

(a) ANNEX 1A to the WTO Agreement:

Multilateral Agreements on Trade in Goods:

(i) General Agreement on Tari.s and Trade 1994

II Schedules of Concessions, paragraphs (1)(a),(1)(b,1st

sentence), (1)(c) and (7)

IV Special Provisions relating to Cinematographic Films

XV Exchange Arrangements

XVIII Governmental Assistance to Economic Development

XXII Consultation

XXIII Nulli.cation and Impairment

XXV Joint Action by the Contracting Parties

XXVI Acceptance, Entry into Force and Registration

XXVII Withholding or Withdrawal of Concessions

XXVIII Modi.cation of Schedules

XXVIIIbis Tari. 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 the

above-mentioned GATT provisions)

Understanding on the Interpretation of Article II: 1(b) of the

GATT 1994

2 Date of incorporation of other duties and charges into

the schedule

4 Challenges, (1st sentence only)

6 Dispute settlement

8 Supersession of BISD 27S/24

Understanding on the Interpretation of Article XVII of the GATT

1994

1 only the phrase "for review by the working party to be

set up under paragraph (5)"

5 Working Party on state trading

80 See Final Act of the International Conference and Decision by the Energy Charter Conference in respect of the

Amendment to the Trade-Related Provisions of the Energy Charter Treaty, Understandings, n. 1. with respect to

Article 29(2)(a) and Annex W, p. 168.

Understanding on the Balance-of-Payments Provisions of the

GATT 1994

5 Committee on Balance-of-Payments Restrictions,

except last sentence

7 Review by the Committee, the phrase "or under

paragraph 12(b) of Article XVIII"

8 Simpli.ed consultation procedures

13 Conclusions of Balance-of-Payments consultations, .rst

sentence, third sentence: the phrase "and XVIII: B, the

1979 Declaration" and last sentence.

Understanding on the Interpretation of Article XXIV of the

GATT 1994

All except paragraph 13

Understanding in Respect of Waivers of Obligations under the

GATT 1994

3 Nulli.cation and Impairment

Understanding on the Interpretation of Article XXVIII of the

GATT 1994

Marrakesh Protocol to the GATT 1994

(ii) Agreement on Agriculture

(iii) Agreement on the Application of Sanitary and Phytosanitary

Measures

(iv) Agreement on Textiles and Clothing

(v) Agreement on Technical Barriers to Trade

Preamble (paragraphs 1, 8, 9)

1.3 General Provisions

10.5 The words "Developed country" and the words "French

or Spanish" which shall be replaced by "Russian"

10.6 The phrase "and draw attention of developing country

Members …. interest to them."

10.9 Information about technical regulations, standards and

certi.cation systems (languages)

11 Technical assistance to other Parties

12 Special and di.erential treatment of developing

countries

13 The Committee on Technical Barriers to Trade

14 Consultation and Dispute Settlement

15 Final Provisions (other than 15.2 and 15.5)

Annex 2 Technical Expert Groups

(vi) Agreement on Trade-Related Investment Measures

(vii) Agreement on Implementation of Article VI of the GATT 1994

(Anti-dumping)

15 Developing Country Members

16 Committee on Anti-Dumping Practices

17 Consultation and Dispute Settlement

18 Final Provisions, paragraphs 2 and 6

(viii) Agreement on Implementation of Article VII of the GATT 1994

(Customs Valuation)

Preamble, paragraph 2, the phrase "and to secure additional

bene.ts for the international trade of developing countries"

14 Application of Annexes (second sentence except as far

as it refers to Annex III paragraphs 6 and 7)

18 Institutions (Committee on Customs Valuation)

19 Consultation and Dispute Settlement

20 Special and di.erential treatment of developing

countries

21 Reservations

23 Review

24 Secretariat

Annex II Technical Committee on Customs Valuation

Annex III Extra Provisions (except paragraphs 6 and 7 )

(ix) Agreement on Preshipment Inspection

Preamble, paragraphs 2 and 3

3.3 Technical Assistance

6 Review

7 Consultation

8 Dispute Settlement

(x) Agreement on Rules of Origin

Preamble, 8th indent

4 Institutions

6 Review

7 Consultation

8 Dispute Settlement

9 Harmonization of Rules of Origin

Annex I Technical Committee on Rules of Origin

(xi) Agreement on Import Licensing Procedures

1.4(a) General Provisions (last sentence)

2.2 Automatic Import Licensing (footnote 5)

3.5(iv) Non-Automatic Import Licensing (last sentence)

4 Institutions

6 Consultations and Dispute Settlement

7 Review (except paragraph 3)

8 Final provisions (except paragraph 2)

(xii) Agreement on Subsidies and Countervailing Measures

4 Remedies (except paragraphs 4.1, 4.2 and 4.3)

5 Adverse E.ects, last sentence

6 Serious Prejudice (paragraphs 6.6, the phrases "subject

to the provisions of paragraph 3 of Annex V" and

"arising under Article 7, and to the panel established

pursuant to paragraph 4 of Article 7", 6.8 the phrase

", including information submitted in accordance with

the provisions of Annex V" and 6.9)

7 Remedies (except paragraphs 7.1, 7.2 and 7.3)

8 Identi.cation of Non-Actionable Subsidies, paragraph

8.5 and Footnote 25

9 Consultations and Authorised Remedies

24 Committee on Subsidies and Countervailing Measures

and Subsidiary Bodies

26 Surveillance

27 Special and Di.erential Treatment of Developing

Country Members

29 Transformation into Market Economy, paragraph 29.2

(except .rst sentence)

30 Dispute Settlement

31 Provisional Application

32.2, 32.7 and 32.8 (only insofar as it refers to Annexes V and VII)

Final Provisions

Annex V Procedures for Developing Information concerning

Serious Prejudice

Annex VII Developing Countries

(xiii) Agreement on Safeguards

9 Developing Country Members

12 Noti.cation and Consultation, paragraph 10

13 Surveillance

14 Dispute Settlement

ANNEX Exception

(b) ANNEX 1B to the WTO Agreement:

General Agreement on Trade in Services

(c) ANNEX 1C to the WTO Agreement:

(d) ANNEX 2 to the WTO Agreement:

Understanding on Rules and Procedures Governing the Settlement of

Disputes

(e) ANNEX 3 to the WTO Agreement:

Trade Policy Review Mechanism

(f) ANNEX 4 to the WTO Agreement:

Plurilateral Trade Agreements:

(i) Agreement on Trade in Civil Aircraft

(ii) Agreement on Government Procurement

81 See Final Act of the International Conference and Decision by the Energy Charter Conference in respect of the

Amendment to the Trade-Related Provisions of the Energy Charter Treaty, Declarations, Joint Declaration on

Trade-Related Intellectual Property Rights, p. 168.

(g) Ministerial Decisions, Declarations and Understanding:

(i) Decision on Measures in favour of Least-Developed Countries

(ii) Declaration on the Contribution of the WTO to Achieving

Greater Coherence in Global Economic Policy Making

(iii) Decision on Noti.cation Procedures

(iv) Declaration on the Relationship of the WTO with the IMF

(v) Decision on Measures Concerning the Possible Negative

E.ects of the Reform Programme on Least-Developed and Net

Food-Importing Developing Countries

(vi) Decision on Noti.cation of First Integration under Article 2.6

of the Agreement on Textiles and Clothing

(vii) Decision on Review of the ISO/IEC Information Centre

Publication

(viii) Decision on Proposed Understanding on WTO-ISO Standards

Information System

(ix) Decision on Anti-Circumvention

(x) Decision on Review of Article 17.6 of the Agreement on

Implementation of Article VI of the GATT 1994

(xi) Declaration on Dispute Settlement pursuant to the Agreement

on Implementation of Article VI of the GATT 1994 or Part V

of the Agreement on Subsidies and Countervailing Measures

(xii) Decision Regarding Cases Where Customs Administrations

Have Reason to Doubt the Truth or Accuracy of the Declared

Value

(xiii) Decision on Texts Relating to Minimum Values and Imports

by Sole Agents, Sole Distributors and Sole Concessionaires

(xiv) Decision on Institutional Arrangements for the GATS

(xv) Decision on certain Dispute Settlement Procedures for the

GATS

(xvi) Decision on Trade in Services and the Environment

(xvii) Decision on Negotiations on Movement of Natural Persons

(xviii) Decision on Financial Services

(xix) Decision on Negotiations on Maritime Transport Services

(xx) Decision on Negotiations on Basic Telecommunications

(xxi) Decision on Professional Services

(xxii) Decision on Accession to the Agreement on Government

Procurement

(xxiv) Decision on the Application and Review of the Understanding

on Rules and Procedures Governing the Settlement of

Disputes

(xxv) Understanding on Commitments in Financial Services

(xxvi) Decision on the Acceptance of and Accession to the

Agreement Establishing the WTO

(xxvii) Decision on Trade and Environment

(xxviii) Decision on Organizational and Financial Consequences

Following from Implementation of the Agreement Establishing

the WTO

(xxix) Decision on the Establishment of the Preparatory Committee

for the WTO

(2) All other provisions in the WTO Agreement which relate to:

(a) governmental assistance to economic development and the treatment

of developing countries, except for paragraphs (1) to (4) of the Decision

of 28 November 1979 (L/4903) on Di.erential and more Favourable

Treatment, Reciprocity and Fuller Participation of Developing

Countries;

(b) the establishment or operation of specialist committees and other

subsidiary institutions;

(c) signature, accession, entry into force, withdrawal, deposit and

registration.

(3) All agreements, arrangements, decisions, understandings or other joint

action pursuant to the provisions listed as not applicable in paragraphs (1)

or (2).

(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

(1) In the absence of a relevant interpretation of the WTO Agreement adopted

by the Ministerial Conference or the General Council of the World Trade

Organization under paragraph 2 of article IX of the WTO Agreement

concerning provisions applicable under Article 29(2)(a), the Charter

Conference may adopt an interpretation.

(2) Requests for waivers under Article 29(2) and (6)(b) shall be submitted to

the Charter Conference, which shall follow, in carrying out these duties, the

procedures of paragraphs 3 and 4 of article IX of the WTO Agreement.

(3) Waivers of obligations in force in the WTO shall be considered in force for

the purposes of Article 29 while they remain in force in the WTO.

(4) The provisions of article II of the GATT 1994 which have not been

disapplied shall, without prejudice to Article 29(4), (5) and (7), be modi.ed

as follows:

(i) All Energy Materials and Products listed in Annex EM II and Energy-

Related Equipment listed in Annex EQ II imported from or exported to

any other Contracting Party shall also be exempt from all other duties

or charges of any kind imposed on or in connection with importation

or exportation, in excess of those imposed on the date of the standstill

referred to in Article 29(6), .rst sentence, or under Article 29(7), or

those directly and mandatorily required to be imposed thereafter by

legislation in force in the importing or exporting territory on the date

referred to in Article 29(6), .rst sentence.

(ii) Nothing in article II of the GATT 1994 shall prevent any Contracting

Party from imposing at any time on the importation or exportation of

any product:

(a) a charge equivalent to an internal tax imposed consistently with

the provisions of paragraph 2 of article III of GATT 1994 in

respect of the like domestic product or in respect of an article

from which the imported product has been manufactured or

produced in whole or in part;

82 See Final Act of the International Conference and Decision by the Energy Charter Conference in respect of the

Amendment to the Trade-Related Provisions of the Energy Charter Treaty, Declarations, Joint Declaration by the

Russian Federation and the European Union, p. 169.

(b) any anti-dumping or countervailing duty applied consistently

with the provisions of article VI of GATT 1994;

(c) fees or other charges commensurate with the cost of services

rendered.

(iii) No Contracting Party shall alter its method of determining dutiable

value or of converting currencies so as to impair the value of the

standstill obligations provided for in Article 29(6) or (7).

(iv) If any Contracting Party establishes, maintains or authorises, formally

or in e.ect, a monopoly of the importation or exportation of any

Energy Material or Product listed in Annex EM II or in respect of

Energy-Related Equipment listed in EQ II, such monopoly shall

not operate so as to a.ord protection on the average in excess of the

amount of protection permitted by the standstill obligation provided

for in Article 29(6) or (7). The provisions of this paragraph shall

not limit the use by Contracting Parties of any form of assistance to

domestic producers permitted by other provisions of this Treaty.

(v) If any Contracting Party considers that a product is not receiving from

another Contracting Party the treatment which the .rst Contracting

Party believes to have been contemplated by the standstill obligation

provided for in Article 29(6) or (7), it shall bring the matter directly

to the attention of the other Contracting Party. If the latter agrees that

the treatment contemplated was that claimed by the .rst Contracting

Party, but declares that such treatment cannot be accorded because a

court or other proper authority has ruled to the e.ect that the product

involved cannot be classi.ed under the tari. laws of such Contracting

Party so as to permit the treatment contemplated in this Treaty, the

two Contracting Parties, together with any other Contracting Parties

substantially interested, shall enter promptly into further negotiations

with a view to a compensatory adjustment of the matter.

(vi) (a) The speci.c duties and charges included in the Tari. Record

relating to the Contracting Parties members of the International

Monetary Fund, and margins of preference in speci.c duties and

charges maintained by such Contracting Parties, are expressed in

the appropriate currency at the par value accepted or provisionally

recognized by the Fund at the date of the standstill referred to in

Article 29(6), .rst sentence, or under Article 29(7). Accordingly,

in case this par value is reduced consistently with the Articles of

Agreement of the International Monetary Fund by more than

twenty per centum, such speci.c duties and charges and margins

of preference may be adjusted to take account of such reduction;

Provided that the Conference concurs that such adjustments will

not impair the value of the standstill obligation provided for in

Article 29(6) or (7) or elsewhere in this Treaty, due account being

taken of all factors which may in.uence the need for, or urgency

of, such adjustments.

(b) Similar provisions shall apply to any Contracting Party not a

member of the Fund, as from the date on which such Contracting

Party becomes a member of the Fund or enters into a special

exchange agreement in pursuance of Article XV of GATT 1994.

(vii) Each Contracting Party shall notify the Secretariat of the customs

duties and charges of any kind applicable on the date of the standstill

referred to in Article 29(6) .rst sentence. The Secretariat shall keep a

Tari. Record of the customs duties and charges of any kind relevant

for the purpose of the standstill on customs duties and charges of any

kind under Article 29(6) or (7).

(5) The Decision of 26 March 1980 on "Introduction of a Loose-Leaf System

for the Schedules of Tari. Concessions" (BISD 27S/24) shall not be

applicable under Article 29(2)(a). The applicable provisions of the

Understanding on the Interpretation of Article II:1(b) of the GATT 1994

shall, without prejudice to Article 29(4), (5) or (7), apply with the following

modi.cations:

(i) In order to ensure transparency of the legal rights and obligations

deriving from paragraph 1(b) of article II of GATT 1994, the nature

and level of any "other duties or charges" levied on any Energy

Materials and Products listed in Annex EM II or Energy-Related

Equipment listed in Annex EQ II with respect to their importation or

exportation, as referred to in that provision, shall be recorded in the

Tari. Record at the levels applying at the date of the standstill referred

to in Article 29(6), .rst sentence, or under Article 29(7) respectively,

against the tari. item to which they apply. It is understood that such

recording does not change the legal character of "other duties or

charges".

(ii) "Other duties or charges" shall be recorded in respect of all Energy

Materials and Products listed in Annex EM II and Energy-Related

Equipment listed in Annex EQ II.

(iii) It will be open to any Contracting Party to challenge the existence of

an "other duty or charge", on the ground that no such "other duty or

charge" existed at the date of the standstill referred to in Article 29(6),

.rst sentence, or the relevant date under Article 29(7), for the item in

question, as well as the consistency of the recorded level of any "other

duty or charge" with the standstill obligation provided for by Article

29(6) or (7), for a period of one year after the entry into force of the

Amendment to the trade-related provisions of this Treaty, adopted

by the Charter Conference on 24 April 1998, or one year after the

noti.cation to the Secretariat of the level of customs duties and charges

of any kind referred to in Article 29(6), .rst sentence, or Article 29(7),

if that is the later.

(iv) The recording of "other duties or charges" in the Tari. Record is

without prejudice to their consistency with rights and obligations

under GATT 1994 other than those a.ected by sub-paragraph (iii)

above. All Contracting Parties retain the right to challenge, at any time,

the consistency of any "other duty or charge" with such obligations.

(v) "Other duties or charges" omitted from a noti.cation to the Secretariat

shall not subsequently be added to it and any "other duty or charge"

recorded at a level lower than that prevailing on the applicable date

shall not be restored to that level unless such additions or changes are

made within six months of the noti.cation to the Secretariat.

(6) Where the WTO Agreement refers to "duties inscribed in the Schedule" or

to "bound duties", there shall be substituted "the level of customs duties

and charges of any kind permitted under Article 29(4) to (8)".

(7) Where the WTO Agreement speci.es the date of entry into force of the

WTO Agreement (or an analogous phrase) as the reference date for

an action, there shall be substituted the date of entry into force of the

Amendment to the trade-related provisions of this Treaty adopted by the

Charter Conference on 24 April 1998.

(8) With respect to noti.cations required by the provisions made applicable by

Article 29(2)(a):

(a) Contracting Parties which are not members of the WTO shall make

their noti.cations to the Secretariat. The Secretariat shall circulate

copies of the noti.cations to all Contracting Parties. Noti.cations to

the Secretariat shall be in one of the authentic languages of this Treaty.

The accompanying documents may be solely in the language of the

Contracting Party;

(b) such requirements shall not apply to Contracting Parties to this Treaty

which are also members of the WTO which provides for its own

noti.cation requirements.

(9) Where Article 29(2)(a) or (6)(b) applies, the Charter Conference shall carry

out any applicable duties that the WTO Agreement assigned to the relevant

bodies under the WTO Agreement.

(10)(a) Interpretations of the WTO Agreement adopted by the Ministerial

Conference or the General Council of the WTO under paragraph 2 of

article IX of the WTO Agreement insofar as they interpret provisions

applicable under Article 29(2)(a) shall apply.

(b) Amendments to the WTO Agreement under article X of the WTO

Agreement that are binding on all members of the WTO (other then

those under paragraph 9 of article X) insofar as they amend or relate

to provisions applicable under Article 29(2)(a), shall apply unless

a Contracting Party requests the Charter Conference to disapply

or modify such amendment. The Charter Conference shall take

the decision by a three-fourths majority of the Contracting Parties

and determine the date of the disapplication or modi.cation of

such amendment. A request for the disapplication or modi.cation

of such amendment may include a request that the application of

the amendment be suspended pending the decision of the Charter

Conference.

A request to the Charter Conference made under this paragraph shall

be made within six months of the circulation of a noti.cation from

the Secretariat that the amendment has taken e.ect under the WTO

Agreement.

(c) Interpretations, amendments, or new instruments adopted by the

WTO, other than the interpretations and amendments applied under

paragraphs (a) and (b) shall not apply.

* Except products for use in civil aircraft.

The following Annexes shall be inserted in the Annexes to the Treaty:

ENERGY MATERIALS AND PRODUCTS

(In accordance with Article 1(4))

LIST OF ENERGY-RELATED EQUIPMENT

(In accordance with Article 1(4bis))

For the purpose of this Annex, ‘Ex’ has been included to indicate that the product

description referred to does not exhaust the entire range of products within the

World Customs Organization Nomenclature headings or the Harmonized System

codes listed below.

Ex 39.19 Self-adhesive plates, sheets, .lm, foil, tape, strip and other .at shapes, of

plastics, whether or not in rolls.

Ex 3919.10 - In rolls of a width not exceeding 20 cm

-- To be used for oil and gas pipelines and sea lines

protection

Ex 73.04* Tubes, pipes and hollow pro.les, seamless, of iron (other than cast iron) or

steel.

7304.10 - Line pipe of a kind used for oil or gas pipelines

- Casing, tubing and drill pipe, of a kind used in drilling

Ex 73.05 Other tubes and pipes (for example, welded, riveted or similarly closed),

having circular cross-sections, the external diameter of which exceeds

406.4 mm, of iron or steel.

- Line pipe of a kind used for oil or gas pipelines:

7305.11 - Longitudinally submerged arc welded

7305.12 - Other, longitudinally welded

7305.19 - Other

7305.20 - Casing of a kind used in drilling for oil or gas

Ex 73.06* Other tubes, pipes and hollow pro.les (for example, open seam or welded,

riveted or similarly closed), of iron or steel.

83 Covered by 7304 20 in the 1992 version.

* Except products for use in civil aircraft.

7306.10 - Line pipe of a kind used for oil or gas pipelines

7306.20 - Casing and tubing of a kind used in drilling for oil or

gas

73.07 Tube or pipe .ttings (for example, couplings, elbows, sleeves), of iron or

steel.

Ex 73.08 Structures (excluding prefabricated buildings of heading No. 94.06) and

parts of structures (for example, bridges, and bridge-sections, lock-gates,

towers, lattice masts, roofs, roo.ng frame-works, doors and windows and

their frames and thresholds for doors, shutters, balustrades, pillars and

columns), of iron or steel; plates, rods, angles, shapes, sections, tubes and

the like, prepared for use in structures, of iron or steel.

7308.20 - Towers and lattice masts

7308.40 - Equipment for sca.olding, shuttering, propping or

pitpropping

Ex 7308.90 - Other

-- Parts for oil and gas drilling platforms

Ex 73.09 Reservoirs, tanks, vats and similar containers for any material (other than

compressed or lique.ed gas), of iron or steel, of a capacity exceeding 300

l, whether or not lined or heat-insulated, but not .tted with mechanical or

thermal equipment.

Ex 7309.00 -- For liquids

-- Of a capacity exceeding 1,000,000 l, where specially

designed for strategic oil reserves

-- Heat insulated

Ex 73.11 Containers for compressed or lique.ed gas, of iron or steel.

-- Of more than 1,000 l

Ex 73.12* Stranded wire, ropes, cables, plaited bands, slings and the like, of iron or

steel, not electrically insulated.

Ex 7312.10 - Stranded wires, ropes and cables

-- Ropes and cables coated, non-coated or zinc coated

of a kind used in the energy sector

Ex 73.26 Other articles of iron or steel.

Ex 7326.90 - Other

-- Connectors for optical .bre cables

Ex 76.13 Aluminium containers for compressed or lique.ed gas.

-- Of more than 1,000 l

Ex 76.14 Stranded wire, cables, plaited bands and the like, of aluminium, not

electrically insulated.

* Except products for use in civil aircraft.

Ex 7614.10 - With steel core

-- Of a kind used in electricity generation,

transmission and distribution

Ex 7614.90 - Other

-- Of a kind used in electricity generation,

transmission and distribution

Ex 78.06 Other articles of lead.

-- Containers with an anti-radiation lead covering,

for the transport or storage of highly radioactive

materials

Ex 81.09 Zirconium and articles thereof, including waste and scrap.

Ex 8109.90 - Other

-- Cartridges or tubes for nuclear fuel elements

Ex 82.07 Interchangeable tools for hand tools, whether or not power-operated, or

for machine-tools (for example, for pressing, stamping, punching, tapping,

threading, drilling, boring, broaching, milling, turning or screw driving),

including dies for drawing or extruding metal, and rock drilling or earth

boring tools.

- Rock drilling or earth boring tools:

8207.19 - Other, including parts

Ex 83.07* Flexible tubing of base metal, with or without .ttings.

-- For exclusive use in oil and gas wells

84.01 Nuclear reactors; fuel elements (cartridges), non-irradiated, for nuclear

reactors; machinery and apparatus for isotopic separation.

84.02 Steam or other vapour generating boilers (other than central heating hot

water boilers capable also of producing low pressure steam); super-heated

water boilers.

84.03 Central heating boilers other than those of heading No. 84.02.

84.04 Auxiliary plant for use with boilers of heading No. 84.02 or 84.03 (for

example, economisers, super-heaters, soot removers, gas recoverers);

condensers for steam or other vapour power units.

84.05 Producer gas or water gas generators, with or without their puri.ers;

acetylene gas generators and similar water process gas generators, with or

without their puri.ers.

84 Covered by 8207 11 and 12 in the 1992 version.

* Except products for use in civil aircraft.

Ex 84.06 Steam turbines and other vapour turbines.

8406.81 - Of an output exceeding 40 MW

8406.823 - Of an output not exceeding 40 MW

8406.90 - Parts

Ex 84.08* Compression-ignition internal combustion piston engines (diesel or semidiesel

engines).

Ex 8408.90 - Other engines

-- New, of a power exceeding 50 kW

Ex 84.09 Parts suitable for use solely or principally with the engines of heading No.

84.07 or 84.08.

8409.99 - Other

84.10 Hydraulic turbines, water wheels, and regulators therefor.

84.11* Turbo-jets, turbo-propellers and other gas turbines.

84.13* Pumps for liquids, whether or not .tted with a measuring device; liquids

elevators.

Ex 84.14* Air or vacuum pumps, air or other gas compressors and fans; ventilating

or recycling hoods incorporating a fan, whether or not .tted with .lters.

- Fans:

Ex 8414.59 - Other

-- For use in mining and power plants

8414.80 - Other

8414.90 - Parts

84.16 Furnace burners for liquid fuel, for pulverised solid fuel or for gas;

mechanical stokers, including their mechanical grates, mechanical ash

dischargers and similar appliances.

Ex 84.17 Industrial or laboratory furnaces and ovens, including incinerators, nonelectric.

Ex 8417.80 - Other

--Exclusively waste incinerators, laboratory furnaces

and ovens and uranium sintering ovens

Ex 8417.90 - Parts

-- Exclusively for waste incinerators, laboratory

furnaces and ovens and uranium sintering ovens

85 Covered by 8406 19 in the 1992 version.

* Except products for use in civil aircraft.

Ex 84.18* Refrigerators, freezers, and other refrigerating or freezing equipment,

electric or other; heat pumps other than air conditioning machines of

heading No. 84.15.

- Other refrigerating or freezing equipment; heat

pumps:

8418.61 - Compression type units whose condensers are heat

exchangers

8418.69 - Other

Ex 84.19* Machinery, plant or laboratory equipment, whether or not electrically

heated, for the treatment of materials by a process involving a change

of temperature such as heating, cooking, roasting, distilling, rectifying,

sterilising, pasteurising, steaming, drying, evaporating, vapourising,

condensing or cooling, other than machinery or plant of a kind used for

domestic purposes; instantaneous or storage water heaters, non-electric.

8419.50 - Heat exchange units

8419.60 - Machinery for liquefying air or other gases

- Other machinery, plant and equipment:

8419.89 - Other

Ex 84.21* Centrifuges, including centrifugal dryers; .ltering or purifying machinery

and apparatus, for liquids and gases.

- Filtering or purifying machinery and apparatus for

liquids:

8421.21 - For .ltering or purifying water

- Filtering or purifying machinery and apparatus for

gases:

8421.39 - Other

Ex 84.25* Pulley tackle and hoists other than skip hoists; winches and capstans;

jacks.

8425.20 - Pit-head winding gear; winches specially designed for

use underground

Ex 84.26* Ships’ derricks; cranes, including cable cranes; mobile lifting frames,

straddle carriers and works trucks .tted with a crane.

Ex 8426.20 - Tower cranes

-- For o.shore platforms and onshore rigs

- Other machinery:

Ex 8426.91 - Designed for mounting on road vehicles

-- Lifting equipment for repairing and completion of

wells

* Except products for use in civil aircraft.

Ex 84.29 Self-propelled bulldozers, angledozers, graders, levellers, scrapers,

mechanical shovels, excavators, shovel loaders, tamping machines and

road rollers.

- Mechanical shovels, excavators and shovel loaders:

Ex 8429.51 - Front-end shovel loaders

-- Loaders specially designed for underground use

Ex 84.30 Other moving, grading, levelling, scraping, excavating, tamping,

compacting, extracting or boring machinery, for earth, minerals or ores;

pile-drivers and pile-extractors; snow-ploughs and snow-blowers.

- Coal or rock cutters and tunnelling machinery:

8430.31 - Self-propelled

8430.39 - Other

- Other boring or sinking machinery:

Ex 8430.41 - Self-propelled

-- For the discovery or exploitation of deposits of oil

and gas

Ex 8430.49 - Other

-- For the discovery or exploitation of deposits of oil

and gas

Ex 84.31 Parts suitable for use solely or principally with the machinery of heading

Nos. 84.25 to 84.30.

-- Only for machinery covered

84.71* Automatic data processing machines and units thereof; magnetic or

optical readers, machines for transcribing data onto data media in coded

form and machines for processing such data, not elsewhere speci.ed or

included.

Ex 84.74 Machinery for sorting, screening, separating, washing, crushing, grinding,

mixing or kneading earth, stone, ores or other mineral substances, in solid

(including powder or paste) form; machinery for agglomerating, shaping

or moulding solid mineral fuels, ceramic paste, unhardened cements,

plastering materials or other mineral products in powder or paste form;

machines for forming foundry moulds of sand.

8474.10 - Sorting, screening, separating or washing machines

8474.20 - Crushing or grinding machines

Ex 8474.90 - Parts

-- Of cast iron or cast steel

Ex 84.79* Machines and mechanical appliances having individual functions, not

86 Chapter 84.

* Except products for use in civil aircraft.

- Other machines and mechanical appliances:

Ex 8479.89 - Other

-- Mobile hydraulic powered mine roof support

Ex 84.81 Taps, cocks, valves and similar appliances for pipes, boiler shells, tanks,

vats or the like, including pressure-reducing valves and thermostatically

controlled valves.

8481.10 - Pressure-reducing valves

8481.20 - Valves for oleohydraulic or pneumatic transmissions

8481.40 - Safety or relief valves

8481.80 - Other appliances

8481.90 - Parts

Ex 84.83 Transmission shafts (including cam shafts and crank shafts) and cranks;

bearing housings and plain shaft bearings; gears and gearing; ball or roller

screws; gear boxes and other speed changers, including torque converters;

.ywheels and pulleys, including pulley blocks; clutches and shaft couplings

(including universal joints).

Ex 8483.40 - Gears and gearing, other than toothed wheels, chain

sprockets and other transmission elements presented

separately; ball or roller screws; gear boxes and other

speed changers, including torque converters

-- Transmission elements exclusively for use in sucker

rod pumping units in the oil and gas industry

Ex 84.84* Gaskets and similar joints of metal sheeting combined with other material

or of two or more layers of metal; sets or assortments of gaskets and

similar joints, dissimilar in composition, put up in pouches, envelopes or

similar packings; mechanical seals.

8484.10 - Gaskets and similar joints of metal sheeting combined

with other material or of two or more layers of metal

85.01* Electric motors and generators (excluding generating sets).

85.02* Electric generating sets and rotary converters.

85.03* Parts suitable for use solely or principally with the machines of heading

No. 85.01 or 85.02.

Ex 85.04* Electrical transformers, static converters (for example, recti.ers) and

inductors.

- Liquid dielectric transformers:

87 Not covered by separate subheading in the 1992 version.

* Except products for use in civil aircraft.

8504.21 - Having a power handling capacity not exceeding

650 kVA

8504.22 - Having a power handling capacity exceeding 650

kVA but not exceeding 10,000 kVA

8504.23 - Having a power handling capacity exceeding 10,000

kVA

- Other transformers:

8504.33 - Having a power handling capacity exceeding 16

kVA but not exceeding 500 kVA

8504.34 - Having a power handling capacity exceeding 500

kVA

8504.40 - Static converters

8504.50 - Other inductors

8504.90 - Parts

Ex 85.07* Electric accumulators, including separators therefor, whether or not

rectangular (including square).

--Excluding the use for non-energy sectors

85.14 Industrial or laboratory electric (including induction or dielectric)

furnaces and ovens; other industrial or laboratory induction or dielectric

heating equipment.

Ex 85.26* Radar apparatus, radio navigational aid apparatus and radio remote

control apparatus.

8526.10 - Radar apparatus

- Other:

8526.91 - Radio navigational aid apparatus

85.31* Electric sound or visual signalling apparatus (for example bells, sirens,

indicator panels, burglar or .re alarms), other than those of heading No.

85.12 or 85.30.

Ex 85.32 Electrical capacitors, .xed, variable or adjustable (pre-set).

8532.10 - Fixed capacitors designed for use in 50/60 Hz circuits

and having a reactive power handling capacity of not

less than 0.5 kvar (power capacitors)

85.35 Electrical apparatus for switching or protecting electrical circuits, or for

making connections to or in electrical circuits (for example, switches,

fuses, lightning arresters, voltage limiters, surge suppressors, plugs,

junction boxes), for a voltage exceeding 1,000 volts.

* Except products for use in civil aircraft.

85.36 Electrical apparatus for switching or protecting electrical circuits, or for

making connections to or in electrical circuits (for example, switches,

relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction

boxes), for a voltage not exceeding 1,000 volts.

Ex 8536.10 - Fuses

--Exceeding 63 ampere

Ex 8536.20 - Automatic circuit breakers

--Exceeding 63 ampere

Ex 8536.30 - Other apparatus for protecting electrical circuits

--Exceeding 16 ampere

- Relays:

8536.41 - For a voltage not exceeding 60 V

8536.49 - Other

Ex 8536.50 - Other switches

-- For a voltage exceeding 60 V

85.37 Boards, panels, consoles, desks, cabinets and other bases, equipped

with two or more apparatus of heading No. 85.35 or 85.36, for electric

control or the distribution of electricity, including those incorporating

instruments or apparatus of Chapter 90, and numerical control apparatus,

other than switching apparatus of heading No. 85.17.

85.38 Parts suitable for use solely or principally with the apparatus of heading

No. 85.35, 85.36 or 85.37.

Ex 85.41 Diodes, transistors and similar semiconductor devices; photosensitive

semiconductor devices, including photovoltaic cells whether or not

assembled in modules or made up into panels; light emitting diodes;

mounted piezo-electric crystals.

Ex 8541.40 - Photosensitive semiconductor devices, including

photovoltaic cells whether or not assembled in

modules or made up into panels; light emitting diodes

-- Photosensitive semiconductor devices, including

photovoltaic cells whether or not assembled in

modules or made up into panels

Ex 85.44 Insulated (including enamelled or anodised) wire, cable (including coaxial

cable) and other insulated electric conductors, whether or not .tted

with connectors; optical .bre cables, made up of individually sheathed

.bres, whether or not assembled with electric conductors or .tted with

connectors.

8544.60 - Other electric conductors, for a voltage exceeding

1,000 V

8544.70 - Optical .bre cables

* Except products for use in civil aircraft.

Ex 85.45 Carbon electrodes, carbon brushes, lamp carbons, battery carbons and

other articles of graphite or other carbon, with or without metal, of a kind

used for electrical purposes.

8545.20 - Bushes

85.46 Electrical insulators of any material.

85.47 Insulating .ttings for electrical machines, appliances or equipment, being

.ttings wholly of insulating material apart from any minor components

of metal (for example, threaded sockets) incorporated during moulding

solely for purposes of assembly, other than insulators of heading No.

85.46; electrical conduit tubing and joints therefor, of base metal lined

with insulating material.

Ex 87.04 Motor vehicles for the transport of goods.

- Other, with compression-ignition internal combustion

piston engine (diesel or semi-diesel):

Ex 8704.21 - g.v.w. not exceeding 5 tonnes

-- Specially designed for the transport of highly

radioactive materials

Ex 8704.22 - g.v.w. exceeding 5 tonnes but not exceeding 20

tonnes

-- Specially designed for the transport of highly

radioactive materials

Ex 8704.23 - g.v.w. exceeding 20 tonnes

-- Specially designed for the transport of highly

radioactive materials

- Other, with spark-ignition internal combustion piston

engine:

Ex 8704.31 - g.v.w. not exceeding 5 tonnes

-- Specially designed for the transport of highly

radioactive materials

Ex 8704.32 - g.v.w. exceeding 5 tonnes

-- Specially designed for the transport of highly

radioactive materials

Ex 87.05 Special purpose motor vehicles, other than those principally designed for

the transport of persons or goods (for example, breakdown lorries, crane

lorries, .re .ghting vehicles, concrete-mixer lorries, road sweeper lorries,

spraying lorries, mobile workshops, mobile radiological units).

8705.20 - Mobile drilling derricks

* Except products for use in civil aircraft.

Ex 87.09 Works trucks, self-propelled, not .tted with lifting or handling equipment,

of the type used in factories, warehouses, dock areas or airports for short

distance transport of goods; tractors of the type used on railway station

platforms; parts of the foregoing vehicles.

- Vehicles:

Ex 8709.11 - Electrical

-- Specially designed for the transport of highly

radioactive materials

Ex 8709.19 - Other

-- Specially designed for the transport of highly

radioactive materials

Ex 89.05 Light-vessels, .re-.oats, dredgers, .oating cranes, and other vessels the

navigability of which is subsidiary to their main function; .oating docks;

.oating or submersible drilling or production platforms.

8905.20 - Floating or submersible drilling or production

platforms

Ex 90.15 Surveying (including photogrammetrical surveying), hydrographic,

oceanographic, hydrological, meteorological or geophysical instruments

and appliances, excluding compasses; range.nders.

Ex 9015.80 - Other instruments and appliances

-- Geophysical instruments only

9015.90 - Parts and accessories

Ex 90.26* Instruments and apparatus for measuring or checking the .ow, level,

pressure or other variables of liquids or gases (for example, .ow meters,

level gauges, manometers, heat meters), excluding instruments and

apparatus of heading No. 90.14, 90.15, 90.28 or 90.32.

--Except for use in the water distribution industry

90.27 Instruments and apparatus for physical or chemical analysis (for example

polarimeters, refractometers, spectrometers, gas or smoke analysis

apparatus); instruments and apparatus for measuring or checking

viscosity, porosity, expansion, surface tension or the like; instruments and

apparatus for measuring or checking quantities of heat, sound or light

(including exposure meters); microtomes.

90.28 Gas, liquid or electricity supply or production meters, including

calibrating meters therefor.

Ex 90.29* Revolution counters, production counters, taximeters, mileometers,

pedometers and the like; speed indicators and tachometers, other than

those of heading No. 90.14 or 90.15; stroboscopes.

* Except products for use in civil aircraft.

Ex 9029.10 - Revolution counters, production counters, taximeters,

mileometers, pedometers and the like

-- Production counters

Ex 9029.90 - Parts and accessories

-- For production counters

Ex 90.30* Oscilloscopes, spectrum analysers and other instruments and apparatus

for measuring or checking electrical quantities, excluding meters of

heading No. 90.28; instruments and apparatus for measuring or detecting

alpha, beta, gamma, X-ray, cosmic or other ionising radiations.

Ex 9030.10 - Instruments and apparatus for measuring or detecting

ionising radiations

-- For use in the energy sector

- Other instruments and apparatus, for measuring or

checking voltage, current, resistance or power, without

a recording device:

9030.31 - Multimeters

9030.39 - Other

- Other instruments and apparatus:

-- For use in the energy sector

Ex 9030.89 - Other

-- For use in the energy sector

Ex 9030.90 - Parts and accessories

-- For use in the energy sector

90.32* Automatic regulating or controlling instruments and apparatus.

88 Covered by 9030 81 in the 1992 version.

LIST OF ENERGY-RELATED EQUIPMENT

(In accordance with Article 1(4bis))

LIST OF CONTRACTING PARTIES WHICH SHALL NOT INCREASE ANY CUSTOMS

DUTY OR OTHER CHARGE ABOVE THE LEVEL RESULTING FROM THEIR

COMMITMENTS OR ANY PROVISIONS APPLICABLE TO THEM UNDER THE WTO

AGREEMENT.

(In accordance with Article 29 (7))

(1) Each signatory which applies the Energy Charter Treaty provisionally in

accordance with Article 45(1) and each Contracting Party agrees to apply

this Amendment provisionally pending its entry into force for such signatory

or Contracting Party to the extent that such provisional application is not

inconsistent with its constitution, laws or regulations.

(2) (a) Notwithstanding paragraph (1):

(i) any signatory which applies the Energy Charter Treaty provisionally or

Contracting Party may deliver to the Depository within 90 days from

the date of the adoption of this Amendment by the Charter Conference

a declaration that it is not able to accept the provisional application of

89 See Decisions in connection with the Adoption of the Amendment to the Trade-Related Provisions of the Energy

Charter Treaty (Annex 2 to the Final Act), n. 1, p. 205.

(ii) any signatory which does not apply the Energy Charter Treaty

provisionally in accordance with Article 45(2) may deliver to the

Depository not later than the date on which it becomes a Contracting

Party or begins to apply the Treaty provisionally a declaration that it is

not able to accept the provisional application of this Amendment.

The obligation contained in paragraph (1) shall not apply to a signatory

or Contracting Party making such a declaration. Any such signatory or

Contracting Party may at any time withdraw that declaration by written

noti.cation to the Depository.

(b) Neither a signatory or Contracting Party which makes a declaration

in accordance with subparagraph (a) nor Investors of that signatory or

Contracting Party may claim the bene.ts of provisional application under

paragraph (1).

(3) Any signatory or Contracting Party may terminate its provisional

application of this Amendment by written noti.cation to the Depository of

its intention not to ratify, accept or approve this Amendment. Termination

of provisional application for any signatory or Contracting Party shall

take e.ect upon the expiration of 60 days from the date on which such

signatory’s or Contracting Party’s written noti.cation is received by the

Depository. Any signatory which terminates its provisional application

of the Energy Charter Treaty in accordance with Article 45(3)(a) shall be

considered as also having terminated its provisional application of this

Amendment with the same date of e.ect.

The Decisions adopted in connection with the adoption of this Amendment are an

integral part of the Energy Charter Treaty.

1. A signatory which does not apply the Amendment adopted on 24 April 1998

provisionally may at the time that it takes action to apply that Amendment,

whether on a de.nitive or a provisional basis, notify the Secretariat in writing

that until it is listed in Annexes BR and BRQ, it will apply the Amendment as if

all items of Energy Materials and Products and of Energy-Related Equipment

The Amendment shall apply accordingly to such a signatory.

Any signatory may at any time withdraw the noti.cation referred to above in

writing to the Secretariat.

2. The ‘Final Provisions’ of the Amendment shall be based on Part VIII, in

particular Article 42, of the Energy Charter Treaty so far as relevant.

90 See Chairman’s Statement at the Adoption Session on 24 April 1998, p. 206.