Article 29
(1) The provisions of this Article shall apply to trade in Energy Materials and Products while any Contracting Party is not a party to the GATT and Related Instruments.
(2) a) Trade in Energy Materials and Products between Contracting Parties at least one of which is not a party to the GATT or a relevant Related Instrument shall be governed, subject to subparagraphs b) and c) and to the exceptions and rules provided for in Annex G, by the provisions of GATT 1947 and Related Instruments, as applied on 1 March 1994 and practised with regard to Energy Materials and Products by parties to GATT 1947 among themselves, as if all Contracting Parties were parties to GATT 1947 and Related Instruments.
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 GATT, whichever is the earlier.
c) As concerns trade between any two parties to the GATT, subparagraph a) shall not apply if either of those parties is not a party to GATT 1947.
(3) Each signatory to this Treaty, and each state or Regional Economic Integration Organization acceding to this Treaty, shall on the date of its signature or of its deposit of its instrument of accession provide to the Secretariat a list of all tariff rates and other charges levied on Energy Materials and Products at the time of importation or exportation, notifying the level of such rates and charges applied on such date of signature or deposit. Any changes to such rates or other charges 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 tariff rate or other charge levied at the time of importation or exportation:
a) in the case of the importation of Energy Materials and Products described in Part I of the Schedule relating to the Contracting Party referred to in article II of the GATT, above the level set forth in that Schedule, if the Contracting Party is a party to the GATT;
b) in the case of the exportation of Energy Materials and Products, and that of their importation if the Contracting Party is not a party to the GATT, 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 tariff rate or other charge above the level referred to in paragraph (4) only if:
a) in the case of a rate or other charge levied at the time of importation, such action is not inconsistent with the applicable provisions of the GATT other than those provisions of GATT 1947 and Related Instruments listed in Annex G and the corresponding provisions of GATT 1994 and Related Instruments; 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) Signatories undertake to commence negotiations not later than 1 January 1995 with a view to concluding by 1 January 1998, as appropriate in the light of any developments in the world trading system, a text of an amendment to this Treaty which shall, subject to conditions to be laid down therein, commit each Contracting Party not to increase such tariffs or charges beyond the level prescribed under that amendment.
(7) Annex D shall apply to disputes regarding compliance with provisions applicable to trade under this Article and, unless both Contracting Parties agree otherwise, to disputes regarding compliance with Article 5 between Contracting Parties at least one of which is not a party to the GATT, except that Annex D shall not apply to any dispute between Contracting Parties, the substance of which arises under an agreement that:
a) has been notified in accordance with and meets the other requirements of subparagraph (2)b) and Annex TFU; or
b) establishes a free-trade area or a customs union as described in article XXIV of the GATT.
A
rticle 30
Contracting Parties undertake that in the light of the results of the Uruguay Round of Multilateral Trade Negotiations embodied principally in the Final Act thereof done at Marrakesh, 15 April 1994, they will commence consideration not later than 1 July 1995 or the entry into force of this Treaty, whichever is the later, of appropriate amendments to this Treaty with a view to the adoption of any such amendments by the Charter Conference.
Article 31
The provisional Charter Conference shall at its first meeting commence examination of the inclusion of energy-related equipment in the trade provisions of this Treaty.
Article 32
(1) In recognition of the need for time to adapt to the requirements of a market economy, a Contracting Party listed in Annex T may temporarily suspend full compliance with its obligations under one or more of the following provisions of this Treaty, subject to the conditions in paragraphs (3) to (6):
Article 6(2) and (5)
Article 7(4)
Article 9(1)
Article 10(7) - specific measures
Article 14(1)d) - related only to transfer of unspent earnings
Article 20(3)
Article 22(1) and (3)
(2) Other Contracting Parties shall assist any Contracting Party which has suspended full compliance under paragraph (1) to achieve the conditions under which such suspension can be terminated. This assistance may be given in whatever form the other Contracting Parties consider most effective to respond to the needs notified under subparagraph (4)c) including, where appropriate, through bilateral or multilateral arrangements.
(3) The applicable provisions, the stages towards full implementation of each, the measures to be taken and the date or, exceptionally, contingent event, by which each stage shall be completed and measure taken are listed in Annex T for each Contracting Party claiming transitional arrangements. Each such Contracting Party shall take the measure listed by the date indicated for the relevant provision and stage as set out in Annex T. Contracting Parties which have temporarily suspended full compliance under paragraph (1) undertake to comply fully with the relevant obligations by 1 July 2001. Should a Contracting Party find it necessary, due to exceptional circumstances, to request that the period of such temporary suspension be extended or that any further temporary suspension not previously listed in Annex T be introduced, the decision on a request to amend Annex T shall be made by the Charter Conference.
(4) A Contracting Party which has invoked transitional arrangements shall notify the Secretariat no less often than once every 12 months:
a) of the implementation of any measures listed in its Annex T and of its general progress to full compliance;
b) of the progress it expects to make during the next 12 months towards full compliance with its obligations, of any problem it foresees and of its proposals for dealing with that problem;
c) of the need for technical assistance to facilitate completion of the stages set out in Annex T as necessary for the full implementation of this Treaty, or to deal with any problem notified pursuant to subparagraph b) as well as to promote other necessary market-oriented reforms and modernization of its energy sector;
d) of any possible need to make a request of the kind referred to in paragraph (3).
(5) The Secretariat shall:
a) circulate to all Contracting Parties the notifications referred to in paragraph (4);
b) circulate and actively promote, relying where appropriate on arrangements existing within other international organizations, the matching of needs for and offers of technical assistance referred to in paragraph (2) and subparagraph (4)c);
c) circulate to all Contracting Parties at the end of each six month period a summary of any notifications made under subparagraph (4)a) or d).
(6) The Charter Conference shall annually review the progress by Contracting Parties towards implementation of the provisions of this Article and the matching of needs and offers of technical assistance referred to in paragraph (2) and subparagraph (4)c). In the course of that review it may decide to take appropriate action.
Article 33
(1) The Charter Conference may authorize the negotiation of a number of Energy Charter Protocols or Declarations in order to pursue the objectives and principles of the Charter.
(2) Any signatory to the Charter may participate in such negotiation.
(
3) A state or Regional Economic Integration Organization shall not become a party to a Protocol or Declaration unless it is, or becomes at the same time, a signatory to the Charter and a Contracting Party to this Treaty.
(4) Subject to paragraph (3) and subparagraph (6)a), final provisions applying to a Protocol shall be defined in that Protocol.
(5) A Protocol shall apply only to the Contracting Parties which consent to be bound by it, and shall not derogate from the rights and obligations of those Contracting Parties not party to the Protocol.
(6) a) A Protocol may assign duties to the Charter Conference and functions to the Secretariat, provided that no such assignment may be made by an amendment to a Protocol unless that amendment is approved by the Charter Conference, whose approval shall not be subject to any provisions of the Protocol which are authorized by subparagraph b).
b) A Protocol which provides for decisions thereunder to be taken by the Charter Conference may, subject to subparagraph a), provide with respect to such decisions:
(i) for voting rules other than those contained in Article 36;
(ii) that only parties to the Protocol shall be considered to be Contracting Parties for the purposes of Article 36 or eligible to vote under the rules provided for in the Protocol.
Article 34
(1) The Contracting Parties shall meet periodically in the Energy Charter Conference (referred to herein as the „Charter Conference”) at which each Contracting Party shall be entitled to have one representative. Ordinary meetings shall be held at intervals determined by the Charter Conference.
(2) Extraordinary meetings of the Charter Conference may be held at such times as may be determined by the Charter Conference, or at the written request of any Contracting Party, provided that, within six weeks of the request being communicated to the Contracting Parties by the Secretariat, it is supported by at least one-third of the Contracting Parties.
(3) The functions of the Charter Conference shall be to:
a) carry out the duties assigned to it by this Treaty and any Protocols;
b) keep under review and facilitate the implementation of the principles of the Charter and of the provisions of this Treaty and the Protocols;
c) facilitate in accordance with this Treaty and the Protocols the coordination of appropriate general measures to carry out the principles of the Charter;
d) consider and adopt programmes of work to be carried out by the Secretariat;
e) consider and approve the annual accounts and budget of the Secretariat;
f) consider and approve or adopt the terms of any headquarters or other agreement, including privileges and immunities considered necessary for the Charter Conference and the Secretariat;
g) encourage cooperative efforts aimed at facilitating and promoting market-oriented reforms and modernization of energy sectors in those countries of Central and Eastern Europe and the former Union of Soviet Socialist Republics undergoing economic transition;
h) authorize and approve the terms of reference for the negotiation of Protocols, and consider and adopt the texts thereof and of amendments thereto;
i) authorize the negotiation of Declarations, and approve their issuance;
j) decide on accessions to this Treaty;
k) authorize the negotiation of and consider and approve or adopt association agreements;
l) consider and adopt texts of amendments to this Treaty;
m) consider and approve modifications of and technical changes to the Annexes to this Treaty;
n) appoint the Secretary-General and take all decisions necessary for the establishment and functioning of the Secretariat including the structure, staff levels and standard terms of employment of officials and employees.
(4) In the performance of its duties, the Charter Conference, through the Secretariat, shall cooperate with and make as full a use as possible, consistently with economy and efficiency, of the services and programmes of other institutions and organizations with established competence in matters related to the objectives of this Treaty.
(5) The Charter Conference may establish such subsidiary bodies as it considers appropriate for the performance of its duties.
(6) The Charter Conference shall consider and adopt rules of procedure and financial rules.
(7) In 1999 and thereafter at intervals (of not more than five years) to be determined by the Charter Conference, the Charter Conference shall thoroughly review the functions provided for in this Treaty in the light of the extent to which the provisions of the Treaty and Protocols have been implemented. At the conclusion of each review the Charter Conference may amend or abolish the functions specified in paragraph (3) and may discharge the Secretariat.
Article 35
(1) In carrying out its duties, the Charter Conference shall have a Secretariat which shall be composed of a Secretary-General and such staff as are the minimum consistent with efficient performance.
(2) The Secretary-General shall be appointed by the Charter Conference. The first such appointment shall be for a maximum period of five years.
(3) In the performance of its duties the Secretariat shall be responsible to and report to the Charter Conference.
(4) The Secretariat shall provide the Charter Conference with all necessary assistance for the performance of its duties and shall carry out the functions assigned to it in this Treaty or in any Protocol and any other functions assigned to it by the Charter Conference.
(5) The Secretariat may enter into such administrative and contractual arrangements as may be required for the effective discharge of its functions.
Article 36
(1) Unanimity of the Contracting Parties Present and Voting at the meeting of the Charter Conference where such matters fall to be decided shall be required for decisions by the Charter Conference to:
a) adopt amendments to this Treaty other than amendments to Articles 34 and 35 and Annex T;
b) approve accessions to this Treaty under Article 41 by states or Regional Economic Integration Organizations which were not signatories to the Charter as of 16 June 1995;
c) authorize the negotiation of and approve or adopt the text of association agreements;
d) approve modifications to Annexes EM, NI, G and B;
e) approve technical changes to the Annexes to this Treaty; and
f) approve the Secretary-General’s nominations of panelists under Annex D, paragraph (7).
The Contracting Parties shall make every effort to reach agreement by consensus on any other matter requiring their decision under this Treaty. If agreement cannot be reached by consensus, paragraphs (2) to (5) shall apply.
(2) Decisions on budgetary matters referred to in Article 34(3)e) shall be taken by a qualified majority of Contracting Parties whose assessed contributions as specified in Annex B represent, in combination, at least three-fourths of the total assessed contributions specified therein.
(3) Decisions on matters referred to in Article 34(7) shall be taken by a three-fourths majority of the Contracting Parties.
(4) Except in cases specified in subparagraphs (1)a) to f), paragraphs (2) and (3), and subject to paragraph (6), decisions provided for in this Treaty shall be taken by a three-fourths majority of the Contracting Parties Present and Voting at the meeting of the Charter Conference at which such matters fall to be decided.
(5) For purposes of this Article, „Contracting Parties Present and Voting” means Contracting Parties present and casting affirmative or negative votes, provided that the Charter Conference may decide upon rules of procedure to enable such decisions to be taken by Contracting Parties by correspondence.
(6) Except as provided in paragraph (2), no decision referred to in this Article shall be valid unless it has the support of a simple majority of the Contracting Parties.
(7) A Regional Economic Integration Organization shall, when voting, have a number of votes equal to the number of its member states which are Contracting Parties to this Treaty; provided that such an Organization shall not exercise its right to vote if its member states exercise theirs, and vice versa.
(8) In the event of persistent arrears in a Contracting Party’s discharge of financial obligations under this Treaty, the Charter Conference may suspend that Contracting Party’s voting rights in whole or in part.
Article 37
(1) Each Contracting Party shall bear its own costs of representation at meetings of the Charter Conference and any subsidiary bodies.
(2) The cost of meetings of the Charter Conference and any subsidiary bodies shall be regarded as a cost of the Secretariat.
(3) The costs of the Secretariat shall be met by the Contracting Parties assessed according to their capacity to pay, determined as specified in Annex B, the provisions of which may be modified in accordance with Article 36(1)d).
(4) A Protocol shall contain provisions to assure that any costs of the Secretariat arising from that Protocol are borne by the parties thereto.
(5) The Charter Conference may in addition accept voluntary contributions from one or more Contracting Parties or from other sources. Costs met from such contributions shall not be considered costs of the Secretariat for the purposes of paragraph (3).
Article 38
This Treaty shall be open for signature at Lisbon from 17 December 1994 to 16 June 1995 by the states and Regional Economic Integration Organizations which have signed the Charter.
Article 39
This Treaty shall be subject to ratification, acceptance or approval by signatories. Instruments of ratification, acceptance or approval shall be deposited with the Depositary.
Article 40
(1) Any state or Regional Economic Integration Organization may at the time of signature, ratification, acceptance, approval or accession, by a declaration deposited with the Depositary, declare that the Treaty shall be binding upon it with respect to all the territories for the international relations of which it is responsible, or to one or more of them. Such declaration shall take effect at the time the Treaty enters into force for that Contracting Party.
(2) Any Contracting Party may at a later date, by a declaration deposited with the Depositary, bind itself under this Treaty with respect to other territory specified in the declaration. In respect of such territory the Treaty shall enter into force on the ninetieth day following the receipt by the Depositary of such declaration.
(3) Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification to the Depositary. The withdrawal shall, subject to the applicability of Article 47(3), become effective upon the expiry of one year after the date of receipt of such notification by the Depositary.
(4) The definition of „Area” in Article 1(10) shall be construed having regard to any declaration deposited under this Article.
A
rticle 41
This Treaty shall be open for accession, from the date on which the Treaty is closed for signature, by states and Regional Economic Integration Organizations which have signed the Charter, on terms to be approved by the Charter Conference. The instruments of accession shall be deposited with the Depositary.
Article 42
(1) Any Contracting Party may propose amendments to this Treaty.
(2) The text of any proposed amendment to this Treaty shall be communicated to the Contracting Parties by the Secretariat at least three months before the date on which it is proposed for adoption by the Charter Conference.
(3) Amendments to this Treaty, texts of which have been adopted by the Charter Conference, shall be communicated by the Secretariat to the Depositary which shall submit them to all Contracting Parties for ratification, acceptance or approval.
(4) Instruments of ratification, acceptance or approval of amendments to this Treaty shall be deposited with the Depositary. Amendments shall enter into force between Contracting Parties having ratified, accepted or approved them on the ninetieth day after deposit with the Depositary of instruments of ratification, acceptance or approval by at least three-fourths of the Contracting Parties. Thereafter the amendments shall enter into force for any other Contracting Party on the ninetieth day after that Contracting Party deposits its instrument of ratification, acceptance or approval of the amendments.
Article 43
(1) The Charter Conference may authorize the negotiation of association agreements with states or Regional Economic Integration Organizations, or with international organizations, in order to pursue the objectives and principles of the Charter and the provisions of this Treaty or one or more Protocols.
(2) The relationship established with and the rights enjoyed and obligations incurred by an associating state, Regional Economic Integration Organization, or international organization shall be appropriate to the particular circumstances of the association, and in each case shall be set out in the association agreement.
Article 44
(1) This Treaty shall enter into force on the ninetieth day after the date of deposit of the thirtieth instrument of ratification, acceptance or approval thereof, or of accession thereto, by a state or Regional Economic Integration Organization which is a signatory to the Charter as of 16 June 1995.
(2) For each state or Regional Economic Integration Organization which ratifies, accepts or approves this Treaty or accedes thereto after the deposit of the thirtieth instrument of ratification, acceptance or approval, it shall enter into force on the ninetieth day after the date of deposit by such state or Regional Economic Integration Organization of its instrument of ratification, acceptance, approval or accession.
(3) For the purposes of paragraph (1), any instrument deposited by a Regional Economic Integration Organization shall not be counted as additional to those deposited by member states of such Organization.
Article 45
(1) Each signatory agrees to apply this Treaty provisionally pending its entry into force for such signatory in accordance with Article 44, to the extent that such provisional application is not inconsistent with its constitution, laws or regulations.
(2) a) Notwithstanding paragraph (1) any signatory may, when signing, deliver to the Depositary a declaration that it is not able to accept provisional application. The obligation contained in paragraph (1) shall not apply to a signatory making such a declaration. Any such signatory may at any time withdraw that declaration by written notification to the Depositary.
b) Neither a signatory which makes a declaration in accordance with subparagraph a) nor Investors of that signatory may claim the benefits of provisional application under paragraph (1).
c) Notwithstanding subparagraph a), any signatory making a declaration referred to in subparagraph a) shall apply Part VII provisionally pending the entry into force of the Treaty for such signatory in accordance with Article 44, to the extent that such provisional application is not inconsistent with its laws or regulations.
(3) a) Any signatory may terminate its provisional application of this Treaty by written notification to the Depositary of its intention not to become a Contracting Party to the Treaty. Termination of provisional application for any signatory shall take effect upon the expiration of 60 days from the date on which such signatory’s written notification is received by the Depositary.
b) In the event that a signatory terminates provisional application under subparagraph a), the obligation of the signatory under paragraph (1) to apply Parts III and V with respect to any Investments made in its Area during such provisional application by Investors of other signatories shall nevertheless remain in effect with respect to those Investments for twenty years following the effective date of termination, except as otherwise provided in subparagraph c).
c) Subparagraph b) shall not apply to any signatory listed in Annex PA. A signatory shall be removed from the list in Annex PA effective upon delivery to the Depositary of its request therefor.
(
4) Pending the entry into force of this Treaty the signatories shall meet periodically in the provisional Charter Conference, the first meeting of which shall be convened by the provisional Secretariat referred to in paragraph (5) not later than 180 days after the opening date for signature of the Treaty as specified in Article 38.
(5) The functions of the Secretariat shall be carried out on an interim basis by a provisional Secretariat until the entry into force of this Treaty pursuant to Article 44 and the establishment of a Secretariat.
(6) The signatories shall, in accordance with and subject to the provisions of paragraph (1) or subparagraph (2)c) as appropriate, contribute to the costs of the provisional Secretariat as if the signatories were Contracting Parties under Article 37(3). Any modifications made to Annex B by the signatories shall terminate upon the entry into force of this Treaty.
(7) A state or Regional Economic Integration Organization which, prior to this Treaty’s entry into force, accedes to the Treaty in accordance with Article 41 shall, pending the Treaty’s entry into force, have the rights and assume the obligations of a signatory under this Article.
Article 46
No reservations may be made to this Treaty.
Article 47
(1) At any time after five years from the date on which this Treaty has entered into force for a Contracting Party, that Contracting Party may give written notification to the Depositary of its withdrawal from the Treaty.
(2) Any such withdrawal shall take effect upon the expiry of one year after the date of the receipt of the notification by the Depositary, or on such later date as may be specified in the notification of withdrawal.
(3) The provisions of this Treaty shall continue to apply to Investments made in the Area of a Contracting Party by Investors of other Contracting Parties or in the Area of other Contracting Parties by Investors of that Contracting Party as of the date when that Contracting Party’s withdrawal from the Treaty takes effect for a period of 20 years from such date.
(4) All Protocols to which a Contracting Party is party shall cease to be in force for that Contracting Party on the effective date of its withdrawal from this Treaty.
Article 48
The Annexes to this Treaty and the Decisions set out in Annex 2 to the Final Act of the European Energy Charter Conference signed at Lisbon on 17 December 1994 are integral parts of the Treaty.
Article 49
The Government of the Portuguese Republic shall be the Depositary of this Treaty.
Article 50
In witness whereof the undersigned, being duly authorized to that effect, have signed this Treaty in English, French, German, Italian, Russian and Spanish, of which every text is equally authentic, in one original, which will be deposited with the Government of the Portuguese Republic.
Done at Lisbon on the seventeenth day of December in the year one thousand nine hundred and ninety-four.
1. Annex EM
Energy materials and products
[In accordance with Article 1(4)]
2. Annex NI
Non-applicable energy materials and products for definition of „economic activity in the energy sector”
[In accordance with Article 1(5)]
3. Annex TRM
Notification and phase-out (TRIMs)
[In accordance with Article 5(4)]
4. Annex N
List of Contracting Parties requiring at least 3 separate areas to be involved in a transit
[In accordance with Article 7(10)a)]
5. Annex VC
List of Contracting Parties which have made voluntary binding commitments in respect of Article 10(3)
[In accordance with Article 10(6)]
6. Annex ID
List of Contracting Parties not allowing an investor to resubmit the same dispute to international arbitration at a later stage under Article 26
[In accordance with Article 26(3)b)(i)]
7. Annex IA
List of Contracting Parties not allowing an investor or contracting party to submit a dispute concerning the last sentence of Article 10(1) to international arbitration
[In accordance with Articles 26(3)c) and 27(2)]
8. Annex P
Special sub-national dispute procedure
[In accordance with Article 27(3)(i)]
9. Annex G
Exceptions and rules governing the application of the provisions of the GATT and Related Instruments
[In accordance with Article 29(2)a)]
10. Annex TFU
Provisions regarding trade agreements between states which were constituent parts of the former Union of Soviet Socialist Republics
[In accordance with Article 29(2)b)]
11. Annex D
Interim provisions for trade dispute settlement
[In accordance with Article 29(7)]
12. Annex B
Formula for allocating Charter costs
[In accordance with Article 37(3)]
13. Annex PA
List of signatories which do not accept the provisional application obligation of Article 45(3)b)
[In accordance with Article 45(3)c)]
14. Annex T
Contracting Parties’ transitional measures
[In accordance with Article 32(1)]
1. Annex EM
[In accordance with Article 1(4)]
Nuclear Energy
26.12 Uranium or thorium ores and concentrates:
26.12.10 Uranium ores and concentrates.
26.12.20 Thorium ores and concentrates.
28.44 Radioactive chemical elements and radioactive isotopes (including the fissile or fertile chemical elements and isotopes) and their compounds; mixtures and residues containing these products.
28.44.10 Natural uranium and its compounds:
28.44.20 Uranium enriched in U235 and its compounds; plutonium and its compounds.
28.44.30 Uranium depleted in U235 and its compounds; thorium and its compounds.
28.44.40 Radioactive elements and isotopes and radioactive compounds other than 28.44.10, 28.44.20 or 28.44.30.
28.44.50 Spent (irradiated) fuel elements (cartridges) of nuclear reactors.
28.45.10 Heavy water (deuterium oxide).
Coal, Natural Gas, Petroleum and Petroleum products, Electrical Energy
27.01 Coal, briquettes, ovoids and similar solid fuels manufactured from coal.
27.02 Lignite, whether or not agglomerated excluding jet.
27.03 Peat (including peat litter), whether or not agglomerated.
27.04 Coke and semi-coke of coal, of lignite or of peat, whether or not agglomerated; retort carbon.
27.05 Coal gas, water gas, producer gas and similar gases, other than petroleum gases and other gaseous hydrocarbons.
27.06 Tar distilled from coal, from lignite or from peat, and other mineral tars, whether or not dehydrated or partially distilled, including reconstituted tars.
27.07 Oils and other products of the distillation of high temperature coal tar; similar products in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents (e.g., benzole, toluole, xylole, naphtalene, other aromatic hydrocarbon mixtures, phenols, creosote oils and others).
27.08 Pitch and pitch coke, obtained from coal tar or from other mineral tars.
27.09 Petroleum oils and oils obtained from bituminous minerals, crude.
27.10 Petroleum oils and oils obtained from bituminous minerals, other than crude.
27.11 Petroleum gases and other gaseous hydrocarbons
Liquified:
- natural gas
- propane
- butanes
- ethylene, propylene, butylene and butadiene (27.11.14)
- other
In gaseous state:
- natural gas
- other.
27.13 Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous minerals.
27.14 Bitumen and asphalt, natural; bituminous or oil shale and tar sands; asphaltites and asphaltic rocks.
27.15 Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (e.g., bituminous mastics, cut-backs).
27.16 Electrical energy.
Other Energy
44.01.10 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms.
44.02 Charcoal (including charcoal from shells or nuts), whether or not agglomerated.
2. Annex NI
[In accordance with Article 1(5)]
27.07 Oils and other products of the distillation of high temperature coal tar; similar products in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents (e.g., benzole, toluole, xylole, naphtalene, other aromatic hydrocarbon mixtures, phenols, creosote oils and others).
44.01.10 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms.
44.02 Charcoal (including charcoal from shells or nuts), whether or not agglomerated.
3. Annex TRM
[In accordance with Article 5(4)]
(1) Each Contracting Party shall notify to the Secretariat all trade-related investment measures which it applies that are not in conformity with the provisions of Article 5, within:
a) 90 days after the entry into force of this Treaty if the Contracting Party is a party to the GATT; or
b) 12 months after the entry into force of this Treaty if the Contracting Party is not a party to the GATT.
Such trade-related investment measures of general or specific application shall be notified along with their principal features.
(2) In the case of trade-related investment measures applied under discretionary authority, each specific application shall be notified. Information that would prejudice the legitimate commercial interests of particular enterprises need not be disclosed.
(3) Each Contracting Party shall eliminate all trade-related investment measures which are notified under paragraph (1) within:
a) two years from the date of entry into force of this Treaty if the Contracting Party is a party to the GATT; or
b) three years from the date of entry into force of this Treaty if the Contracting Party is not a party to the GATT.
(4) During the applicable period referred to in paragraph (3) a Contracting Party shall not modify the terms of any trade-related investment measure which it notifies under paragraph (1) from those prevailing at the date of entry into force of this Treaty so as to increase the degree of inconsistency with the provisions of Article 5 of this Treaty.
(5) Notwithstanding the provisions of paragraph (4), a Contracting Party, in order not to disadvantage established enterprises which are subject to a trade-related investment measure notified under paragraph (1), may apply during the phase-out period the same trade-related investment measure to a new Investment where:
a) the products of such Investment are like products to those of the established enterprises; and
b) such application is necessary to avoid distorting the conditions of competition between the new Investment and the established enterprises.
Any trade-related investment measure so applied to a new Investment shall be notified to the Secretariat. The terms of such a trade-related investment measure shall be equivalent in their competitive effect to those applicable to the established enterprises, and it shall be terminated at the same time.
(6) Where a state or Regional Economic Integration Organization accedes to this Treaty after the Treaty has entered into force:
a) the notification referred to in paragraphs (1) and (2) shall be made by the later of the applicable date in paragraph (1) or the date of deposit of the instrument of accession; and
b) the end of the phase-out period shall be the later of the applicable date in paragraph (3) or the date on which the Treaty enters into force for that state or Regional Economic Integration Organization.
4. Annex N
[In accordance with Article 7(10)a)]
1. Canada and United States of America
5. Annex VC
[In accordance with Article 10(6)]
6. Annex ID
[In accordance with Article 26(3)b)(i)]
1. Australia
2. Azerbaijan
3. Bulgaria
4. Canada
5. Croatia
6. Cyprus
7. The Czech Republic
8. European Communities
9. Finland
10. Greece
11. Hungary
12. Ireland
13. Italy
14. Japan
15. Kazakhstan
16. Norway
17. Poland
18. Portugal
19. Romania
20. The Russian Federation
21. Slovenia
22. Spain
23. Sweden
24. United States of America
7. Annex IA
[In accordance with Articles 26(3)c) and 27(2)]
1. Australia
2. Canada
3. Hungary
4. Norway
8. Annex P
[In accordance with Article 27(3)(i)]
Part I
1. Canada
2. Australia
Part II
(1) Where, in making an award, the tribunal finds that a measure of a regional or local government or authority of a Contracting Party (hereinafter referred to as the „Responsible Party”) is not in conformity with a provision of this Treaty, the Responsible Party shall take such reasonable measures as may be available to it to ensure observance of the Treaty in respect of the measure.
(2) The Responsible Party shall, within 30 days from the date the award is made, provide to the Secretariat written notice of its intentions as to ensuring observance of the Treaty in respect of the measure. The Secretariat shall present the notification to the Charter Conference at the earliest practicable opportunity, and no later than the meeting of the Charter Conference following receipt of the notice. If it is impracticable to ensure observance immediately, the Responsible Party shall have a reasonable period of time in which to do so. The reasonable period of time shall be agreed by both parties to the dispute. In the event that such agreement is not reached, the Responsible Party shall propose a reasonable period for approval by the Charter Conference.
(3) Where the Responsible Party fails, within the reasonable period of time, to ensure observance in respect of the measure, it shall at the request of the other Contracting Party party to the dispute (hereinafter referred to as the „Injured Party”) endeavour to agree with the Injured Party on appropriate compensation as a mutually satisfactory resolution of the dispute.
(4) If no satisfactory compensation has been agreed within 20 days of the request of the Injured Party, the Injured Party may with the authorization of the Charter Conference suspend such of its obligations to the Responsible Party under the Treaty as it considers equivalent to those denied by the measure in question, until such time as the Contracting Parties have reached agreement on a resolution of their dispute or the non-conforming measure has been brought into conformity with the Treaty.
(5) In considering what obligations to suspend, the Injured Party shall apply the following principles and procedures:
a) The Injured Party should first seek to suspend obligations with respect to the same Part of the Treaty as that in which the tribunal has found a violation.
b) If the Injured Party considers that it is not practicable or effective to suspend obligations with respect to the same Part of the Treaty, it may seek to suspend obligations in other Parts of the Treaty. If the Injured Party decides to request authorization to suspend obligations under this subparagraph, it shall state the reasons therefor in its request to the Charter Conference for authorization.
(6) On written request of the Responsible Party, delivered to the Injured Party and to the President of the tribunal that rendered the award, the tribunal shall determine whether the level of obligations suspended by the Injured Party is excessive, and if so, to what extent. If the tribunal cannot be reconstituted, such determination shall be made by one or more arbitrators appointed by the Secretary-General. Determinations pursuant to this paragraph shall be completed within 60 days of the request to the tribunal or the appointment by the Secretary-General. Obligations shall not be suspended pending the determination, which shall be final and binding.
(7) In suspending any obligations to a Responsible Party, an Injured Party shall make every effort not to affect adversely the rights under the Treaty of any other Contracting Party.
9. Annex G
(1) The following provisions of GATT 1947 and Related Instruments shall not be applicable under Article 29(2)a):
a) General Agreement on Tariffs and Trade
| II | Schedules of Concessions (and the Schedules to the General Agreement on Tariffs and Trade) | |
| IV | Special Provisions relating to Cinematographic Films | |
| XV | Exchange Arrangements | |
| XVIII | Governmental Assistance to Economic Development | |
| XXII | Consultation | |
| XXIII | Nullification or Impairment | |
| XXV | Joint Action by the Contracting Parties | |
| XXVI | Acceptance. Entry into Force and Registration | |
| XXVII | Withholding or Withdrawal of Concessions | |
| XXVIII | Modification of Schedules | |
| XXVIIIbis | Tariff Negotiations | |
| XXIX | The relation of this Agreement to the Havana Charter | |
| XXX | Amendments | |
| XXXI | Withdrawal | |
| XXXII | Contracting Parties | |
| XXXIII | Accession | |
| XXXV | Non-application of the Agreement between particular Contracting Parties | |
| XXXVI | Principles and Objectives | |
| XXXVII | Commitments | |
| XXXVIII | Joint Action | |
| Annex H | Relating to Article XXVI | |
| Annex I | Notes and Supplementary Provisions (related to above GATT articles) |
Safeguard Action for Development Purposes Understanding Regarding Notification, Consultation, Dispute Settlement and Surveillance.
b) Related Instruments
(i) Agreement on Technical Barriers to Trade (Standards Code)
(paragraphs 1, 8, 9)
| 1.3 | General provisions | |
| 2.6.4 | Preparation, adoption and application of technical regulations and standards by central government bodies | |
| 10.6 | Information about technical regulations, standards and certification systems | |
| 11 | Technical assistance to other Parties | |
| 12 | Special and differential treatment of developing countries | |
| 13 | The Committee on Technical Barriers to Trade | |
| 14 | Consultation and dispute settlement | |
| 15 | Final provisions (other than 15.5 and 15.13) | |
| Annex 2 | Technical Expert Groups | |
| Annex 3 | Panels |
(ii) Agreement on Government Procurement
(iii) Agreement on Interpretation and Application of Articles VI, XVI and XXIII (Subsidies and Countervailing Measures)
| 10 | Export subsidies on certain primary products | |
| 12 | Consultations | |
| 13 | Conciliation, dispute settlement and authorized counter measures | |
| 14 | Developing countries | |
| 16 | Committee on Subsidies and Countervailing Measures | |
| 17 | Conciliation | |
| 18 | Dispute settlement | |
| 19.2 | Acceptance and accession | |
| 19.4 | Entry into force | |
| 19.5a) | National legislation | |
| 19.6 | Review | |
| 19.7 | Amendments | |
| 19.8 | Withdrawal | |
| 19.9 | Non-application of this Agreement between particular signatories | |
| 19.11 | Secretariat | |
| 19.12 | Deposit | |
| 19.13 | Registration |
(iv) Agreement on Implementation of Article VII (Customs Valuation)
| 1.2b)(iv) | Transaction value | |
| 11.1 | Determination of customs value | |
| 14 | Application of Annexes (second sentence) | |
| 18 | Institutions (Committee on Customs Valuation) | |
| 19 | Consultation | |
| 20 | Dispute settlement | |
| 21 | Special and differential treatment of developing countries | |
| 22 | Acceptance and accession | |
| 24 | Entry into force | |
| 25.1 | National legislation | |
| 26 | Review | |
| 27 | Amendments | |
| 28 | Withdrawal | |
| 29 | Secretariat | |
| 30 | Deposit | |
| 31 | Registration | |
| Annex II | Technical Committee on Customs Valuation | |
| Annex III | Ad Hoc Panels |
Protocol to the Agreement on Implementation of Article VII (except I.7 and I.8; with necessary conforming introductory language)
(v) Agreement on Import Licensing Procedures
| 1.4 | General provisions (last sentence) | |
| 2.2 | Automatic import licensing (footnote 2) | |
| 4 | Institutions, consultation and dispute settlement | |
| 5 | Final provisions (except paragraph 2) |
(vi) Agreement on Implementation of Article VI (Antidumping Code)
| 13 | Developing Countries | |
| 14 | Committee on Anti-Dumping Practices | |
| 15 | Consultation, Conciliation and Dispute Settlement | |
| 16 | Final Provisions (except paragraphs 1 and 3) |
(vii) Arrangement Regarding Bovine Meat
(viii) International Dairy Arrangement
(ix) Agreement on Trade in Civil Aircraft
(x) Declaration on Trade Measures Taken for Balance-of-Payments Purposes.
c) All other provisions in the GATT or Related Instruments which relate to:
(i) 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;
(ii) the establishment or operation of specialist committees and other subsidiary institutions;
(iii) signature, accession, entry into force, withdrawal, deposit and registration.
d) All agreements, arrangements, decisions, understandings or other joint action pursuant to the provisions listed in subparagraphs a) to c).
(2) Contracting Parties shall apply the provisions of the „Declaration on Trade Measures Taken for Balance-of-Payments Purposes” to measures taken by those Contracting Parties which are not parties to the GATT, to the extent practicable in the context of the other provisions of this Treaty.
(3) With respect to notifications required by the provisions made applicable by Article 29(2)a):
a) Contracting Parties which are not parties to the GATT or a Related Instrument 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 parties to the GATT and Related Instruments, which contain their own notification requirements.
(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.
1
0. Annex TFU
[In accordance with Article 29(2)b)]
(1) Any agreement referred to in Article 29(2)b) shall be notified in writing to the Secretariat by or on behalf of all of the parties to such agreement which sign or accede to this Treaty:
a) in respect of an agreement in force as of a date three months after the date on which the first of such parties signs or deposits its instrument of accession to the Treaty, no later than six months after such date of signature or deposit; and
b) in respect of an agreement which enters into force on a date subsequent to the date referred to in subparagraph a), sufficiently in advance of its entry into force for other states or Regional Economic Integration Organizations which have signed or acceded to the Treaty (hereinafter referred to as the „Interested Parties”) to have a reasonable opportunity to review the agreement and make representations concerning it to the parties thereto and to the Charter Conference prior to such entry into force.
(2) The notification shall include:
a) copies of the original texts of the agreement in all languages in which it has been signed;
b) a description, by reference to the items included in Annex EM, of the specific Energy Materials and Products to which it applies;
c) an explanation, separately for each relevant provision of the GATT and Related Instruments made applicable by Article 29(2)a), of the circumstances which make it impossible or impracticable for the parties to the agreement to conform fully with that provision;
d) the specific measures to be adopted by each party to the agreement to address the circumstances referred to in subparagraph c); and
e) a description of the parties’ programmes for achieving a progressive reduction and ultimate elimination of the agreement’s non-conforming provisions.
(3) Parties to an agreement notified in accordance with paragraph (1) shall afford to the Interested Parties a reasonable opportunity to consult with them with respect to such agreement, and shall accord consideration to their representations. Upon the request of any of the Interested Parties, the agreement shall be considered by the Charter Conference, which may adopt recommendations with respect thereto.
(4) The Charter Conference shall periodically review the implementation of agreements notified pursuant to paragraph (1) and the progress having been made towards the elimination of provisions thereof that do not conform with provisions of the GATT and Related Instruments made applicable by Article 29(2)a). Upon the request of any of the Interested Parties, the Charter Conference may adopt recommendations with respect to such an agreement.
(5) An agreement described in Article 29(2)b) may in case of exceptional urgency be allowed to enter into force without the notification and consultation provided for in subparagraph (1)b), paragraphs (2) and (3), provided that such notification takes place and the opportunity for such consultation is afforded promptly. In such a case the parties to the agreement shall nevertheless notify its text in accordance with subparagraph (2)a) promptly upon its entry into force.
(6) Contracting Parties which are or become parties to an agreement described in Article 29(2)b) undertake to limit the non-conformities thereof with the provisions of the GATT and Related Instruments made applicable by Article 29(2)a) to those necessary to address the particular circumstances and to implement such an agreement so as least to deviate from those provisions. They shall make every effort to take remedial action in light of representations from the Interested Parties and of any recommendations of the Charter Conference.
11. Annex D
[In accordance with Article 29(7)]
(1)a) In their relations with one another, Contracting Parties shall make every effort through cooperation and consultations to arrive at a mutually satisfactory resolution of any dispute about existing measures that might materially affect compliance with the provisions applicable to trade under Article 5 or 29.
b) A Contracting Party may make a written request to any other Contracting Party for consultations regarding any existing measure of the other Contracting Party that it considers might affect materially compliance with provisions applicable to trade under Article 5 or 29. A Contracting Party which requests consultations shall to the fullest extent possible indicate the measure complained of and specify the provisions of Article 5 or 29 and of the GATT and Related Instruments that it considers relevant. Requests to consult pursuant to this paragraph shall be notified to the Secretariat, which shall periodically inform the Contracting Parties of pending consultations that have been notified.
c) A Contracting Party shall treat any confidential or proprietary information identified as such and contained in or received in response to a written request, or received in the course of consultations, in the same manner in which it is treated by the Contracting Party providing the information.
d) In seeking to resolve matters considered by a Contracting Party to affect compliance with provisions applicable to trade under Article 5 or 29 as between itself and another Contracting Party, the Contracting Parties participating in consultations or other dispute settlement shall make every effort to avoid a resolution that adversely affects the trade of any other Contracting Party.
(2)a) If, within 60 days from the receipt of the request for consultation referred to in subparagraph (1)b), the Contracting Parties have not resolved their dispute or agreed to resolve it by conciliation, mediation, arbitration or other method, either Contracting Party may deliver to the Secretariat a written request for the establishment of a panel in accordance with subparagraphs b) to f). In its request the requesting Contracting Party shall state the substance of the dispute and indicate which provisions of Article 5 or 29 and of the GATT and Related Instruments are considered relevant. The Secretariat shall promptly deliver copies of the request to all Contracting Parties.
b) The interests of other Contracting Parties shall be taken into account during the resolution of a dispute. Any other Contracting Party having a substantial interest in a matter shall have the right to be heard by the panel and to make written submissions to it, provided that both the disputing Contracting Parties and the Secretariat have received written notice of its interest no later than the date of establishment of the panel, as determined in accordance with subparagraph c).
c) A panel shall be deemed to be established 45 days after the receipt of the written request of a Contracting Party by the Secretariat pursuant to subparagraph a).
d) A panel shall be composed of three members who shall be chosen by the Secretary-General from the roster described in paragraph (7). Except where the disputing Contracting Parties agree otherwise, the members of a panel shall not be citizens of Contracting Parties which either are party to the dispute or have notified their interest in accordance with subparagraph b), or citizens of states members of a Regional Economic Integration Organization which either is party to the dispute or has notified its interest in accordance with subparagraph b).
e) The disputing Contracting Parties shall respond within ten working days to the nominations of panel members and shall not oppose nominations except for compelling reasons.
f) Panel members shall serve in their individual capacities and shall neither seek nor take instruction from any government or other body. Each Contracting Party undertakes to respect these principles and not to seek to influence panel members in the performance of their tasks. Panel members shall be selected with a view to ensuring their independence, and that a sufficient diversity of backgrounds and breadth of experience are reflected in a panel.
g) The Secretariat shall promptly notify all Contracting Parties that a panel has been constituted.
(3)a) The Charter Conference shall adopt rules of procedure for panel proceedings consistent with this Annex. Rules of procedure shall be as close as possible to those of the GATT and Related Instruments. A panel shall also have the right to adopt additional rules of procedure not inconsistent with the rules of procedure adopted by the Charter Conference or with this Annex. In a proceeding before a panel each disputing Contracting Party and any other Contracting Party which has notified its interest in accordance with subparagraph (2)b), shall have the right to at least one hearing before the panel and to provide a written submission. Disputing Contracting Parties shall also have the right to provide a written rebuttal. A panel may grant a request by any other Contracting Party which has notified its interest in accordance with subparagraph (2)b) for access to any written submission made to the panel, with the consent of the Contracting Party which has made it.
The proceedings of a panel shall be confidential. A panel shall make an objective assessment of the matters before it, including the facts of the dispute and the compliance of measures with the provisions applicable to trade under Article 5 or 29. In exercising its functions, a panel shall consult with the disputing Contracting Parties and give them adequate opportunity to arrive at a mutually satisfactory solution. Unless otherwise agreed by the disputing Contracting Parties, a panel shall base its decision on the arguments and submissions of the disputing Contracting Parties. Panels shall be guided by the interpretations given to the GATT and Related Instruments within the framework of the GATT, and shall not question the compatibility with Article 5 or 29 of practices applied by any Contracting Party which is a party to the GATT to other parties to the GATT to which it applies the GATT and which have not been taken by those other parties to dispute resolution under the GATT.
Unless otherwise agreed by the disputing Contracting Parties, all procedures involving a panel, including the issuance of its final report, should be completed within 180 days of the date of establishment of the panel; however, a failure to complete all procedures within this period shall not affect the validity of a final report.
b) A panel shall determine its jurisdiction; such determination shall be final and binding. Any objection by a disputing Contracting Party that a dispute is not within the jurisdiction of the panel shall be considered by the panel, which shall decide whether to deal with the objection as a preliminary question or to join it to the merits of the dispute.
c) In the event of two or more requests for establishment of a panel in relation to disputes that are substantively similar, the Secretary-General may with the consent of all the disputing Contracting Parties appoint a single panel.
(4)a) After having considered rebuttal arguments, a panel shall submit to the disputing Contracting Parties the descriptive sections of its draft written report, including a statement of the facts and a summary of the arguments made by the disputing Contracting Parties. The disputing Contracting Parties shall be afforded an opportunity to submit written comments on the descriptive sections within a period set by the panel.
Following the date set for receipt of comments from the Contracting Parties, the panel shall issue to the disputing Contracting Parties an interim written report, including both the descriptive sections and the panel’s proposed findings and conclusions. Within a period set by the panel a disputing Contracting Party may submit to the panel a written request that the panel review specific aspects of the interim report before issuing a final report. Before issuing a final report the panel may, in its discretion, meet with the disputing Contracting Parties to consider the issues raised in such a request.
The final report shall include descriptive sections (including a statement of the facts and a summary of the arguments made by the disputing Contracting Parties), the panel’s findings and conclusions, and a discussion of arguments made on specific aspects of the interim report at the stage of its review. The final report shall deal with every substantial issue raised before the panel and necessary to the resolution of the dispute and shall state the reasons for the panel’s conclusions.
A panel shall issue its final report by providing it promptly to the Secretariat and to the disputing Contracting Parties. The Secretariat shall at the earliest practicable opportunity distribute the final report, together with any written views that a disputing Contracting Party desires to have appended, to all Contracting Parties.
b) Where a panel concludes that a measure introduced or maintained by a Contracting Party does not comply with a provision of Article 5 or 29 or with a provision of the GATT or a Related Instrument that applies under Article 29, the panel may recommend in its final report that the Contracting Party alter or abandon the measure or conduct so as to be in compliance with that provision.
c) Panel reports shall be adopted by the Charter Conference. In order to provide sufficient time for the Charter Conference to consider panel reports, a report shall not be adopted by the Charter Conference until at least 30 days after it has been provided to all Contracting Parties by the Secretariat. Contracting Parties having objections to a panel report shall give written reasons for their objections to the Secretariat at least 10 days prior to the date on which the report is to be considered for adoption by the Charter Conference, and the Secretariat shall promptly provide them to all Contracting Parties. The disputing Contracting Parties and Contracting Parties which notified their interest in accordance with subparagraph (2)b) shall have the right to participate fully in the consideration of the panel report on that dispute by the Charter Conference, and their views shall be fully recorded.
d) In order to ensure effective resolution of disputes to the benefit of all Contracting Parties, prompt compliance with rulings and recommendations of a final panel report that has been adopted by the Charter Conference is essential. A Contracting Party which is subject to a ruling or recommendation of a final panel report that has been adopted by the Charter Conference shall inform the Charter Conference of its intentions regarding compliance with such ruling or recommendation. In the event that immediate compliance is impracticable, the Contracting Party concerned shall explain its reasons for non-compliance to the Charter Conference and, in light of this explanation, shall have a reasonable period of time to effect compliance. The aim of dispute resolution is the modification or removal of inconsistent measures.
(5)a) Where a Contracting Party has failed within a reasonable period of time to comply with a ruling or recommendation of a final panel report that has been adopted by the Charter Conference, a Contracting Party to the dispute injured by such non-compliance may deliver to the non-complying Contracting Party a written request that the non-complying Contracting Party enter into negotiations with a view to agreeing upon mutually acceptable compensation. If so requested the non-complying Contracting Party shall promptly enter into such negotiations.
b) If the non-complying Contracting Party refuses to negotiate, or if the Contracting Parties have not reached agreement within 30 days after delivery of the request for negotiations, the injured Contracting Party may make a written request for authorization of the Charter Conference to suspend obligations owed by it to the non-complying Contracting Party under Article 5 or 29.
c) The Charter Conference may authorize the injured Contracting Party to suspend such of its obligations to the non-complying Contracting Party, under provisions of Article 5 or 29 or under provisions of the GATT or Related Instruments that apply under Article 29, as the injured Contracting Party considers equivalent in the circumstances.
d) The suspension of obligations shall be temporary and shall be applied only until such time as the measure found to be inconsistent with Article 5 or 29 has been removed, or until a mutually satisfactory solution is reached.
(6)a) Before suspending such obligations the injured Contracting Party shall inform the non-complying Contracting Party of the nature and level of its proposed suspension. If the non-complying Contracting Party delivers to the Secretary-General a written objection to the level of suspension of obligations proposed by the injured Contracting Party, the objection shall be referred to arbitration as provided below. The proposed suspension of obligations shall be stayed until the arbitration has been completed and the determination of the arbitral panel has become final and binding in accordance with subparagraph e).
