title: Proposal for a Council Decision on the position to be adopted by the European Community within the Energy Charter Conference and the International Conference of the Signatories of the Energy Charter Treaty, on the amendment to the trade-related provisions of the Energy Charter Treaty and its provisional application

eurovoc_concepts:
European charter
World Trade Organisation
energy policy
international agreement
international conference

text: COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 06. 05. 1998 COM(1998) 267 final 98/0164 (ACC) Communication from the Commission to the Council on the position to be adopted by the European Community within the Energy Charter Conference and the International Conference of the Signatories of the Energy Charter Treaty, on the Amendment to the Trade Related Provisions of the Energy Charter Treaty and its provisional application. Proposal for a COUNCIL DECISION ON THE ON THE POSITION TO BE ADOPTED BY THE EUROPEAN COMMUNITY WITHIN THE ENERGY CHARTER CONFERENCE AND THE INTERNATIONAL CONFERENCE OF THE SIGNATORIES OF THE ENERGY CHARTER TREATY ON THE AMENDMENT TO THE TRADE-RELATED PROVISIONS OF THE ENERGY CHARTER TREATY AND ITS PROVISIONAL APPLICATION (presented by the Commission) Communication from the Commission to the Council on the position to be adopted by the European Community within the Energy Charter Conference and the International Conference of the Signatories of the Energy Charter Treaty, on the Amendment to the Trade Related Provisions of the Energy Charter Treaty and its provisional application. 1. 2. 3. The Energy Charter Treaty (ECT)(1) entered into force on 16 April 1998. Signed since December 1994 by 49 States and the European Communities, the ECT has been ratified up to now by more than 30 countries. On 16 December 1997 the European Communities and 12 of their Member States deposited their instruments of approval/ratification. Ratification by the remaining 3 Member States is expected soon. The Russian Federation and several other signatory countries have not yet ratified the ECT. The European Connnunities and their Member States have been applying the ECT provisionally by virtue of Council Decisions 94/998/EC0) and 94/1067/Euratom^ since the day of signature thereof (17 December 1994). The ECT (Article 29) stipulates that trade in energy materials and products between Contracting Parties (at least one of which is not party to the General Agreement on Tariffs and Trade (GATT) 1947) shall be governed by the provisions of the GATT and Related Instruments. Some transitional arrangements are foreseen in particular for intra CIS trade. Paragraph 6 of Article 29 obliges signatories of the Treaty to commence negotiations not later than 1 January 1995 with a view to concluding by 1 January 1998 on a binding tariff standstill on energy materials and products. Article 30 of the ECT obliges signatories of the Treaty to commence consideration, in the light of the results of the Uruguay Round, not later than 1 July 1995 of appropriate amendments to the Treaty with a view to the adoption of any such amendment by the Energy Charter Conference. Article 31 of the ECT provides for examination of the inclusion of energy related equipment in the trade provisions of the Treaty by the European Charter Conference. 4. Since 1995 negotiations on the amendment to the trade provisions of the ECT and on the list of energy related equipment to be included in the trade regime of Text published in O. J. No. L69, 9. 3. 1998 (D p)O. J. L380, 31. 12. 1994,p. l P) O. J. L380, 31. 12. 1994, p. 113 A the ECT have taken place in the Energy Charter Working Groups established for this purpose. The result of these negotiations is the "Draft Amendment to the Trade-Related Provisions of the Energy Charter Treaty" including the 'list of Energy-Related Equipment" to be included in the trade provisions (Annex H). The main purpose is to make relevant WTO provisions (instead of GATT 47) applicable by reference in the ECT and to cover energy related equipment. The tariff standstill will however not be binding and only be limited to a best endeavors cormnitment. The Russian Federation and the other CIS countries were not willing to accept any binding tariff standstill in the context of the ECT, because they are of the opinion that this might affect their position in their negotiations for accession to the WTO. It is, however, foreseen that the Energy Charter Conference may, at a later stage, decide by unanimity on a legally binding tariff standstill for certain energy materials, products and/or items figuring on the list of energy related equipment. There will be a periodic review of the situation in the Energy Charter Conference. The Trade Amendment including the list of energy-related equipment will be submitted for adoption to the next Energy Charter Conference. At the Energy Charter Conference on 17/18 December 1997, the Russian Federation agreed not to re-open the issue of trade in nuclear materials in the context of the Trade Amendment to the ECT on the condition that a statement would be made by the Chairman of the Charter Conference in the context of the adoption of the Trade Amendment. Therefore the following statement, which has no legal implications, will be recorded in the proceedings of the Charter Conference: "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 confirmed in the conclusions of 27 January 1998 Cooperation Council" The Commission considers that the introduction of the relevant WTO provisions by reference instead of the outdated GATT 47 provisions contained in the ECT will provide for more consistency in the trade rules applied by the signatories of the ECT who are members of the WTO. For non-WTO members this will represent a step forward towards WTO accession. For the Community this represents progress. It is indeed in the Cornmunity's interest that non-WTO members who are signatories of the Energy Charter Treaty also accept the additional obligations which will result from the move from GATT 47 to WTO provisions. The advantage for the Community of including energy-related equipment items under the scope of application of the ECT trade provisions, even if there will be 5. 6. 7. w no binding tariff standstill for the time being, results from the fact that those provisions will prevail over the less comprehensive trade rules of the Partnership and Cooperation Agreements concluded between the European Communities, their Member States and the CIS countries. The adoption of the list of energy-related equipment does in practice not imply any tariff concessions from the European Community on these items. The Commission considers that Article 3 paragraph 2 of Council and Commission Decision (98/181/EC, ECSC, Euratom) of 23 September 1997 on the conclusion, by the European Communities, of the Energy Charter Treaty Charter Protocol on energy efficiency and related and the Energy environmental aspects(4) applies to the position which the European Cornmunity will take with regard to the Trade Amendment in the Energy Charter Conference. The Commission is of the qpinion that Article 113 of the EC Treaty applies to the proposed Trade Amendment and that in the light of Opinion 1/94 of the Court of Justice (on the application of Article 228, paragraph 6 of the EC Treaty) it can be concluded by the European Community only and does not need to be concluded by the European Coal and Steel Community and the European Atomic Energy Community. As on the one hand, those signatories of the Energy Charter Treaty which have not yet ratified the ECT will have no voting rights in the Energy Charter Conference, but as, on the other hand, it appears nevertheless desirable that they participate also in the decision making, it is envisaged that the Amendment to the Trade-related provisions be adopted no only by the Energy Charter Conference, but also by an International Conference of the signatories of the Energy Charter Treaty. 8. 9. 10. 11. In case that changes to the current text of the Trade Amendment be proposed in the course of the Energy Charter Conference / International Conference, the representative of the European Community should be habilitated to eventually agree to such changes after Cornmunity coordination on the spot. 12. The Commission therefore proposes to the Council: to adopt the decision (Annex I) authorizing the representative of the European Community to adopt within the Energy Charter Conference / International Conference the Amendment to the Trade-Related Provisions of the ECT (including the list of energy-related equipment), subject to its application. subsequent provisional approval, and its (4) O. J. L69, 9. 3. 1998 lb Annex I Proposal for a COUNCIL DECISION ON THE ON THE POSITION TO BE ADOPTED BY THE EUROPEAN COMMUNITY WITHIN THE ENERGY CHARTER CONFERENCE AND THE INTERNATIONAL CONFERENCE OF THE SIGNATORIES OF THE ENERGY CHARTER TREATY ON THE AMENDMENT TO THE TRADE-RELATED PROVISIONS OF THE ENERGY CHARTER TREATY AND ITS PROVISIONAL APPLICATION THE COUNCIL OF THE EUROPEAN UNION Having regard to the Treaty establishing the European Community and in particular Article 113 thereof, in conjunction with the first sentence of Article 228 (2); Having regard to Article 3(2) of the Council and Commission Decision (98/181/EC, ECSC, Euratom) of 23 September 1997(1) ; Having regard to the proposal from the Commission, Whereas the Energy Charter Treaty was signed on 17 December 1994 by the European Communities and their Member States; (1) O. J. No. L69, 9. 3. 1998 Whereas the European Corumunities and a large majority of their. Member States deposited their instruments of approval/ratification on 16 December 1997 with the Depositary, the Government of the Portuguese Republic; Whereas the remaining Member States will ratify the Energy Charter Treaty soon; Whereas the Energy Charter Treaty entered into force on 16 April 1998; Whereas since the day of its signature the Energy Charter Treaty has been applied, to the extent possible, on a provisional basis and will continue to do so, to the extent possible, by those signatories who have not yet ratified the Treaty; Whereas the Energy Charter Treaty provides for the examination of its trade provisions in the light of the results of the Uruguay Round of Multilateral Trade Negotiations and of the inclusion of energy related equipment in the trade provisions, with a view to the adoption of such amendments by the Energy Charter Conference; Whereas the introduction in the Treaty of the relevant WTO provisions by reference instead of the GATT 47 provisions contained therein, as well as the inclusion of energy-related equipment in the trade provisions are in the interest of the European Community; Whereas the European Community has sole competence for common commercial policy; Whereas an International Conference has been deemed desirable to allow participation of all signatories in the decision making; whereas the Trade Amendment would also be adopted by the Energy Charter Conference; Whereas the adoption by the Energy Charter Conference and the said International Conference of the Amendment to the Trade-related Provisions of the Energy Charter Treaty should therefore be supported by the European Community; subject to subsequent approval, and applied on a provisional basis, in accordance with its provisions; HAS DECIDED AS FOLLOWS Article 1 1. The representative of the European Cornmunity shall adopt within the Energy Charter Conference / International Conference the Amendment to the Trade- related Provisions of the Energy Charter Treaty, subject to its subsequent approval. 2. In case that changes to the attached text of the Amendment including the list of Energy - related Equipment be proposed in the course of the Energy Charter id. Conference / International Conference, the representative of the European Community is habilitated to agree to such changes after Community coordination. Article 2 1. 2. The Amendment shall be applied on a provisional basis in accordance with its provisions from the time of adoption by the Energy Charter Conference and will be definitively applied upon entry into force. The text of the Amendment including the list of Energy-related Equipment is attached to this Decision. Done at Brussels 1e Annex H ARTICLE 1 Article 29 of the Treaty shall be replaced by the following text: ARTICLE 29 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 themselves, as if all Contracting Parties were members of the WTO. (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. (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- t ND/id/CC-l 13 Trade Ammdmau-Adoption/3. 3 98 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 notified 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 notified 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, notified 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 particular item in the relevant Annex. 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 NDfed/CC-113 Tnde AaModncat-Ado|MioB/3. 3. 98 (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 of Energy-Related Equipment listed in Annex EQ H, 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. (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 modified 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 conflicts with the provisions of this Article, which is considered by another Contracting Party to nullify or impair any benefit 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 notified 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 XXTV of the GATT 1994. ND/*<l/CC-l 13 Trade A m c m d u m - A d o p ù o a / 3. 3. 98 The Treaty shall be amended as follows: ARTICLE 2 In the Preamble, paragraph seven, replace "General Agreement on Tariffs 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". In the Preamble, paragraph nine, replace "General Agreement on Tariffs and Trade" and "parties thereto" with "World Trade Organization" and "members thereof In the Preamble, paragraph ten, replace "parties to the General Agreement on Tariffs 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 EQI or EQII. " 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 rectified, amended and modified from time to time. (c) "GATT 1994" means the General Agreement on Tariffs and Trade as specified in Annex 1A to the Agreement Establishing the World Trade Organization, as subsequently rectified, amended or modified 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 m 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)". ND/id/CC-113 Trade Ameodment-Adoption/3. 3. 98 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 both these Annexes; (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 I with the corresponding deletion of those items from Annex EQ I;". In Article 34, paragraph (3) replace the denomination of sub-paragraph "(n)" with sub paragraph "(p)". In Article 360)(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 F', 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 l(4bis))" and "Annex EQ II List of Energy-Related Equipment (In accordance with Article l(4bis))". In 9. Annex G, replace "GATT and Related Instruments" with "WTO Agreement", and rename "Annex G" as "Annex W". 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 (l)(a) and (b) and in paragraph (3)(a) and (b), replace "party to the G A I T' with "member of the WTO". In Annex TFU, paragraphs (2)(c), (4), first sentence, and (6), first sentence, replace "GATT and Related Instruments" with "WTO Agreement". ND/id/CC-l 13 Trade Ameodmeat-Adoption/3. 3. 9S ARTICLE 3 Annex D of the Treaty shall be amended as follows: In the heading replace "(In accordance with Article 29(7))" with "(In accordance with Article 29(9)). " At the end of paragraph (T)(a\ delete the period and add thereafter following "29": ", or about any measures that might nullify or impair any benefit accruing to a Contracting Party directly or indirectly under the provisions applicable to trade under Article 29. " In paragraph d)fb), at the end of the first sentence, delete the period and insert thereafter following "29": ", or any measure that might nullify or impair any benefit 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". In paragraph 0)(d), insert after the comma before "the Contracting Parties": "or to nullify or impair any benefit 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 (3Xa), 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)fb), first 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), first 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. " ND/id/CC- ! 13 Trade An>endme»i-Adoption/3. 3. 9S Add after paragraph (9Y. "(10) Where a Contracting Party invokes Article 29(9)(b), this Annex shall apply, subject to the following modifications: (a) the complaining party shall present a detailed justification 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 benefit accruing to it directly or indirectly under Article 29; (b) where a measure has been found to nullify or impair benefits 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 benefits that have been nullified 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". ND/id/CC-l 13 Trade Amoidmmt-Adopuon/3. 3. 93 ARTICLE 4 The following Annex shall replace Annex G of the Treaty: ANNEXW EXCEPTIONS AND RULES GOVERNING THE APPLICATION OF THE PROVISIONS OF THE WTO AGREEMENT (in accordance with Article 29(2)(a)) (A) Exceptions to the Application of the Provisions of the WTO Agreement. 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 DC, 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 Tariffs and Trade 1994 Schedules of Concessions, paragraphs (l)(a),(l )(b, 1st sentence), (l)(c) and (7) Special Provisions relating to Cinematographic Films Exchange Arrangements Governmental Assistance to Economic Development Consultation Nullification and Impairment Customs Unions and Free-Trade Areas, paragraph 6 Joint Action by the Contracting Parties Acceptance, Entry into Force and Registration Withholding or Withdrawal of Concessions Modification of Schedules II IV XV XVDI XXII XXm XXIV XXV XXVI XXVII XXVTH XXVm bis Tariff Negotiations XXDC XXX XXXI XXXII XXXm XXXV The Relation of this Agreement to the Havana Charter Amendments Withdrawal Contracting Parties Accession Non-application of the Agreement between Particular Contracting Parties Principles and Objectives Commitments Joint Action Relating to Article XXVI XXXVI XXXVII XXXVm Annex H NCVid/CC-ll3Trade •Adoption/3. 3. 98 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 4 6 8 Date of incorporation of other duties and charges into the schedule Challenges, (1st sentence only) Dispute settlement Supersession of BISD 27S/24 Understanding on the Interpretation of Article XVII of the GATT 1994 1 5 only the phrase "for review by the working party to be set up under paragraph (5)" Working Party on state trading Understanding on the Balance-of-Payments Provisions of the GATT 1994 5 7 8 13 Committee on Balance-of-Payments Restrictions, except last sentence Review by the Committee, the phrase "or under paragraph 12(b) of Article XVIH" Simplified consultation procedures Conclusions of Balance-of-Payments consultations, first 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 Nullification and Impairment Understanding on the Interpretation of Article XXVIII of the GATT 1994 Marrakesh Protocol to the GATT 1994 Agreement on Agriculture Agreement on the Application of Sanitary and Phytosanitary Measures (ii) (iii) (iv) Agreement on Textiles and Clothing ND/id/CC-113 Trade Amendment-Adopttoo/3. 3. 98 (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 10. 9 11 12 Members. interest to them. " Information about technical regulations, standards and certification systems (languages) Technical assistance to other Parties Special and differential treatment of developing countries The Committee on Technical Barriers to Trade Consultation and Dispute Settlement Final Provisions (other than 15. 2 and 15. 5) 13 14 15 Annex 2 Technical Expert Groups (vi) (vii) Agreement on Trade-Related Investment Measures Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping) 15 16 17 18 Developing Country Members Committee on Anti-Dumping Practices Consultation and Dispute Settlement Final Provisions, paragraphs 2 and 6 (viii) Agreement on Implementation of Article VU of the GATT 1994 (Customs Valuation) for the international 14 18 19 20 Preamble, paragraph 2, the phrase "and to secure additional trade of developing benefits countries" Application of Annexes (second sentence except as far as it refers to Annex HI paragraphs 6 and 7) Institutions (Committee on Customs Valuation) Consultation and Dispute Settlement Special and differential treatment of developing countries Reservations Review Secretariat 21 23 24 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 Technical Assistance 3. 3 Review 6 NDrad/CC-l 13 Trade Ameadmeat-Adoption/3. 3. 98 10 7 8 Consultation Dispute Settlement (x) Agreement on Rules of Origin Preamble, 8th indent Institutions 4 Review 6 Consultation 7 Dispute Settlement 8 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 6 7 8 Institutions Consultations and Dispute Settlement Review (except paragraph 3) Final provisions (except paragraph 2) (xii) Agreement on Subsidies and Countervailing Measures 4 5 6 7 8 9 24 26 27 29 Remedies (except paragraphs 4. 1, 4. 2 and 4. 3) Adverse Effects, last sentence 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) Remedies (except paragraphs 7. 1, 7. 2 and 7. 3) Identification of Non-Actionable Subsidies, paragraph 8. 5 and Footnote 25 Consultations and Authorised Remedies Committee on Subsidies and Countervailing Measures and Subsidiary Bodies Surveillance Special and Differential Treatment of Developing Country Members Transformation into Market Economy, paragraph 29. 2 (except first sentence) Dispute Settlement Provisional Application 30 31 32. 2, 32. 7 and 32. 8 (only insofar as it refers to Annexes V and VÏÏ) Final Provisions Annex V Procedures for Developing Information concerning Serious Prejudice ND/id/CC-l 13 Trade Afflcodment-Adoption/3. 3. 98 11 Annex VII Developing Countries (xiii) Agreement on Safeguards 9 12 13 14 Developing Country Members Notification and Consultation, paragraph 10 Surveillance Dispute Settlement Annex Exception (b) Annex IB to the WTO Agreement: General Agreement on Trade in Services (c) Annex 1C to the WTO Agreement: Agreement on Trade-Related Aspects of Intellectual Property Rights (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) (ii) Agreement on Trade in Civil Aircraft Agreement on Government Procurement (g) Ministerial Decisions, Declarations and Understanding: (i) (ii) (iii) (iv) (v) (vi) (vii) Decision on Measures in favour of Least-Developed Countries Declaration on the Contribution of the WTO to Achieving Greater Coherence in Global Economic Policy Making Decision on Notification Procedures Declaration on the Relationship of the WTO with the IMF Decision on Measures Concerning the Possible Negative Effects of the Reform Programme on Least-Developed and Net Food- Importing Developing Countries Decision on Notification of First Integration under Article 2. 6 of the Agreement on Textiles and Clothing Decision on Review of the ISO/IEC Information Centre Publication ND/id/CC-113 Trade Ameadmeat-Adoplion/3. 3. 98 12 (viii) Decision on Proposed Understanding on WTO-ISO Standards (ix) (x) (xi) (xii) Information System Decision on Anti-Circumvention Decision on Review of Article 17. 6 of the Agreement on Implementation of Article VI of the GATT 1994 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 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) (xxiv) (xxv) (xxvi) Decision on Accession to the Agreement on Government Procurement Decision on the Application and Review of the Understanding on Rules and Procedures Governing the Settlement of Disputes Understanding on Commitments in Financial Services Decision on the Acceptance of and Accession to the Agreement Establishing the WTO (xxvii) Decision on Trade and Environment NDrad/CC-113 Trade Amendment-Adopiion/3. 3. 98 13 (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 Differential 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 European Energy Charter Conference. (B) Rules Governing the Application of Provisions of the WTO Agreement. (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 DC 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 DC 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 modified 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), first 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), first sentence. NO/ad/CC-l 13 Trade AmcDdment-Adopiioa/3. 3. 98 14 (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; (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. (hi) 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 effect, 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 afford 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 first 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 first Contracting Party, but declares that such treatment cannot be accorded because a court or other proper authority has ruled to the effect that the product involved cannot be classified under the tariff 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 specific duties and charges included in the Tariff Record relating to the Contracting Parties members of the International Monetary Fund, and margins of preference in specific 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), first sentence, or under Article 29(7). Accordingly, is reduced consistently with the Articles of Agreement of the International Monetary Fund by more than twenty per centum, such specific 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 in case this par value ND/id/CC-113 Trade Ameodment-Adoplion/3. 3. 98 15 account being taken of all factors which may influence 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) first sentence. The Secretariat shall keep a Tariff 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 Tariff Concessions" (BISD 27S/24) shall not be applicable under Article 29(2)(a). The applicable provisions of the Understanding on the Interpretation of Article H: 1(b) of the GATT 1994 shall, without prejudice to Article 29(4), (5) or (7), apply with the following modifications: (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 Tariff Record at the levels applying at the date of the standstill referred & in Article 29(6), first sentence, or under Article 29(7) respectively, against the tariff 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 H. (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), first 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 standftill 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 notification to the Secretariat of the level of customs duties and charges of any kind referred to in Article 29(6), first sentence, or Article 29(7), if that is the later. (iv) The recording of "other duties or charges" in the Tariff Record is without prejudice to their consistency with rights and obligations under GATT 1994 other than those affected by sub-paragraph (iii) above. -All Contracting Parties retain the right to challenge, at any time, the consistency of any NtVad/CC-113 Trade Ame»djne*-Adoptioo/3. 3. 9S 16 "other duty or charge" with such obligations. (v) "Other duties or charges" omitted from a notification 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 notification 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 specifies 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 notifications required by the provisions made applicable by Article 29(2)(a): (a) Contracting Parties which are not members of the WTO shall make their notifications to the Secretariat. The Secretariat shall circulate copies of the notifications to all Contracting Parties. Notifications 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 notification 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 DC 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 modification of such amendment. A request for the disapplication or modification of such amendment may include a request that the application of the amendment be suspended pending the decision of the Charter Conference. NO/ad/CC-l 13 Trade Amendmest-Adoptioii/3. 3. 98 17 A request to the Charter Conference made under this paragraph shall be made within six months of the circulation of a notification from the Secretariat that the amendment has taken effect 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. NDrad/CC-113 Trade Amœdment-Adoptioa/3. 3. 98 18 The following Annexes shall be inserted in the Annexes to the Treaty: ARTICLE 5 2. ANNEX EM H ENERGY MATERIALS AND PRODUCTS (In accordance with Article 1(4)) ND/*d/CC-113 Trade Amendment-Adopuon/3 3. 98 19 3. ANNEX EQ I LIST OF ENERGY-RELATED EQUIPMENT (In accordance with Article l(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, film, foil, tape, strip and other flat 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 profiles, 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 7304. 21l 7304. 291 for oil or gas:1 - Drill pipe - Other 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 7305. 12 7305. 19 - Longitudinally submerged arc welded - Other, longitudinally welded - Other 7305. 20 - Casing of a kind used in drilling for oil or gas Ex 73. 06* Other tubes, pipes and hollow profiles (for example, open seam or welded, riveted or similarly closed), of iron or steel. 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 ' Covered by 7304 20 in the 1992 version. * Except products for use in civil aircraft ND/aeVCC-113 Trade Aroendmeni-Adoption/3. 3. 98 Z\J 73. 07 Tube or pipe fittings (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, roofing 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 scaffolding, 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 liquefied gas), of iron or steel, of a capacity exceeding 3001, whether or not lined or heat-insulated, but not fitted with mechanical or thermal equipment. Ex 7309. 00 - For liquids - Of a capacity exceeding 1,000,0001, where specially designed for strategic oil reserves - Heat insulated Ex 73. 11 Containers for compressed or liquefied gas, of iron or steel. - Of more than 1,0001 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 fibre cables * Except products for use in civil aircraft ND/ad/CC-113 Trade Amendmeat-Adoptioo/3. 3. 98 21 Ex 76. 13 Aluminium containers for compressed or liquefied gas. - Of more than 1,0001 Ex 76. 14 Stranded wire, cables, plaited bands and the like, of aluminium, not electrically insulated. 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. 132 8207. 19 - With working part of cermets - Other, including parts Ex 83. 07* Flexible tubing of base metal, with or without fittings. — 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. 2 Covered by 8207 11 and 12 in the 1992 version. * Except products for use in civil aircraft ND/ad/CC-113 Trade Amendmejil-Adc-ption/3. 3. 98 22 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 84. 05 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. Producer gas or water gas generators, with or without their purifiers; acetylene gas generators and similar water process gas generators, with or without their purifiers. Ex 84. 06 Steam turbines and other vapour turbines. - Other turbines3: 8406. 813 8406. 823 - Of an output exceeding 40 MW - Of an output not exceeding 40 MW 8406. 90 - Parts Ex 84. 08*' Compression-ignition internal combustion piston engines (diesel or semi-diesel 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 fitted with a measuring device; liquids elevators. 3 Covered by 840619 in the 1992 version. * Except products for use in civil aircraft NO/ad/CC-l 13 Trade Ameadmeu-Adoption/3. 3. 98 2. 5 Ex 84. 14* Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters. - Fans: Ex 8414. 59 - Other — For use in naming 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, non electric. 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 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 * Except products for use in civil aircraft ND/ad/CC-113 Trade Amendnjenl-AdopOoo/3. 3. 98 24 - Other machinery, plant and equipment: 8419. 89 - Other Ex 84. 21 * Centrifuges, including œntrifùgal dryers; filtering or purifying machinery and apparatus, for liquids and gases. - Filtering or purifying machinery and apparatus for liquids: 8421. 21 - For filtering 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 fitted with a crane. Ex 8426. 20 - Tower cranes - For offshore platforms and onshore rigs - Other machinery: Ex 8426. 91 - Designed for mounting on road vehicles — Lifting equipment for repairing and completion J of wells 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 anti snow-blowers. - Coal or rock cutters and tunnelling machinery: Except products for use in civil aircraft ND/id/CC-l 13 Trade Ameodmcnt-Adoption/3. 3. »* 25 8430. 31 8430. 39 - Self-propelled - 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 specified 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 of 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 specified or included elsewhere in this Chapter4. - Other machines and mechanical appliances: Ex 8479. 89 - Other * — Mobile hydraulic powered mine roof support 4 Chapter 84 * Except products for use in civil aircraft ND/ad/CC-l 13 Trade Amendjnew-Adopd«W3. 3. 9$ 26 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; flywheels 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 8484. 205 - Mechanical seals 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, rectifiers) and inductors. 5 Not covered by separate subheading in the 1992 version. * Except products for use in civil aircraft ND/ad/CC-113 Trade AmendmaU-AdopOoo/3. 3. 98 Z I - Liquid dielectric transformers: 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 8504. 34 - Having a power handling capacity exceeding 500 kVA but not exceeding 500 kVA 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 fire alarms), other than those of heading No. 85. 12 or 85. 30. Ex 85. 32 Electrical capacitors, fixed, 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) * Except products for use in civil aircraft ND/ad/CC-113 Trade Anieodmeol-Adoption/3. 3. 98 L O 85. 35 85. 36 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. 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 8536. 49 - For a voltage not exceeding 60 V - 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 * Except products for use in civil aircraft ND/ad/CC-113 Trade Ajnendmeni-Adopiioo/3. 3. 9S 2 9 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 co axial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fibre cables, made up of individually sheathed fibres, whether or not assembled with electric conductors or fitted with connectors. 8544. 60 - Other electric conductors, for a voltage exceeding 1,000 V 8544. 70 - Optical fibre cables 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 - Brushes 85. 46 Electrical insulators of any material. 85. 47 Insulating fittings for electrical machines, appliances or equipment, being fittings 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 * Except products for use in civil aircraft ND/ad/CC-113 Trade Amendmeni-Adoption/3. 3. 98 3 U - 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, fire fighting vehicles, concrete-mixer lorries, road sweeper lorries, spraying lorries, mobile workshops, mobile radiological units). 8705. 20 - Mobile drilling derricks Ex 87. 09 Works trucks, self-propelled, not fitted 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, fire-floats, dredgers, floating cranes, and other vessels the navigability of which is subsidiary to their main function; floating docks; floating or submersible drilling or production platforms. 8905. 20 - Floating or submersible drilling or production platforms Ex 90. 15 Surveying (including photogrammetrical surveying), hydrographie, océanographie, hydrological, meteorological or geophysical instruments and appliances, excluding compasses; rangefinders. Ex 9015. 80 - Other instruments and appliances — Geophysical instruments only 9015. 90 - Parts and accessories * Except products for use in civil aircraft NO/ad/CC-113 Trade Amendaieol-Adoplioa/3. 3. 9S J 1 Ex 90. 26* Instruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flow 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. 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 9030. 39 - Multimeters - Other - Other instruments and apparatus: * Except products for use in civil aircraft ND/ad/CC-113 Trade Ameadment-Adof>tiocv3. 3. 98 3 2 Ex 9030. 836 - Other, with a recording device -- 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. 6 Covered by 9030 81 in the 1992 version * Except products for use in civil aircraft ND/ad/CC-l 13 Trade Amendnient-Adoption/3. 3. 98 33 4. ANNEX EQII LIST OF ENERGY-RELATED EQUIPMENT (In accordance with Article l(4bis)) ND/ad/CC-l 13 Trade Amendment-Adopùoii/3. 3. 9S 34 14. 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)) ND/id/CC-l 13 Trade Amendment-Adopùou/3. 3. 98 35 15. 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)) ND/ad/CC-113 Trade Amendinent-Adoption/3. 3. 98 36 ARTICLE 6 PROVISIONAL APPLICATION (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 Depositary 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 this Amendment; (ii) any signatory which does not apply the Energy Charter Treaty provisionally in accordance with Article 45(2) may deliver to the Depositary 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 notification to the Depositary. (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 benefits of provisional application under paragraph (1). (3) Any signatory or Contracting Party may terminate its provisional application of this Amendment by written notification to the Depositary of its intention not to ratify, accept or approve this Amendment. Termination of provisional application for any signatory or Contracting Party shall take effect upon the expiration of 60 days from the date on which such signatory's or Contracting Party's written notification is received by the Depositary. 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 effect. ND/ad/CC-113 Trade Ajncadmcnt-Adopcna/3 J. 9S 37 ARTICLE? STATUS OF THE DECISION The Decision adopted in connection with the adoption of this Amendment is an integral part of the Energy Charter Treaty. ND/id/CC-l 13 Trade Ameadmcnt-Adoptioo/3. 3. 98 38 DECISION IN CONNECTION WITH THE ADOPTION OF THE AMENDMENT TO THE TRADE-RELATED PROVISIONS OF THE ENERGY CHARTER TREATY ADOPTED ON 24 APRIL 1998 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 definitive 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 continued to be listed in Annexes EM I and EQ I. The Amendment shall apply accordingly to such a signatory. Any signatory may at any time withdraw the notification referred to above in writing to the Secretariat. NOad/CC-113 Trade Amendment-Adoptioii/3. 3. 98 39 UNDERSTANDINGS 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)(l)(a)(i), any signatory affected 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 first 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 offered 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(3X0): 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 H. ND/id/CC-l 13 Trade Ameodment-Adopcioa/3. 3. 98 40 JOINT DECLARATION ON TRADE-RELATED INTELLECTUAL PROPERTY RIGHTS Signatories confirm their commitment to provide effective protection of intellectual property rights following the highest international standards. Intellectual property rights include for the purpose of this Declaration in particular copyright and related rights (including computer programmes and data bases), trademarks, of patents, semiconductor products and undisclosed information. topographies geographical indications, designs, NO/aaVCC-113 Trade Amcndineoi-Adopuoo/3. 3. 98 41 ISSN 0254-1475 COM(98) 267 final DOCUMENTS EN 10 12 14 Catalogue number : CB-CO-98-282-EN-C ISBN 92-78-35451-1 Office for Official Publications of the European Communities L-2985 Luxembourg 4-2-