Eagrán speisialta sa tSeicis: Caibidil 12 Imleabhar 002 P. 42 - 65
Eagrán speisialta san Eastóinis: Caibidil 12 Imleabhar 002 P. 42 - 65
Eagrán speisialta sa Laitvis: Caibidil 12 Imleabhar 002 P. 42 - 65
Eagrán speisialta sa Liotuáinis: Caibidil 12 Imleabhar 002 P. 42 - 65
Eagrán speisialta san Ungáiris Caibidil 12 Imleabhar 002 P. 42 - 65
Eagrán speisialta sa Mháltais: Caibidil 12 Imleabhar 002 P. 42 - 65
Eagrán speisialta sa Pholainnis: Caibidil 12 Imleabhar 002 P. 42 - 65
Eagrán speisialta sa tSlóvaicis: Caibidil 12 Imleabhar 002 P. 42 - 65
Eagrán speisialta sa tSlóvéinis: Caibidil 12 Imleabhar 002 P. 42 - 65
Eagrán speisialta sa Bhulgáiris: Caibidil 12 Imleabhar 001 P. 258 - 281
Eagrán speisialta sa Rómáinis: Caibidil 12 Imleabhar 001 P. 258 - 281
Eagrán speisialta i gCróitis: Caibidil 12 Imleabhar 003 P. 8 - 31
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Document 21998A0912(01)
Final Act of the International Conference and Decision by the Energy Charter Conference in respect of the amendment to the trade-related provisions of the Energy Charter Treaty - Joint Declarations - Annex I: Amendment to the Trade-Related Provisions of the Energy Charter Treaty - Annex II: Decisions in connection with the Adoption of the Amendment to the Trade-Related Provisions of the Energy Charter Treaty
Final Act of the International Conference and Decision by the Energy Charter Conference in respect of the amendment to the trade-related provisions of the Energy Charter Treaty - Joint Declarations - Annex I: Amendment to the Trade-Related Provisions of the Energy Charter Treaty - Annex II: Decisions in connection with the Adoption of the Amendment to the Trade-Related Provisions of the Energy Charter Treaty
Final Act of the International Conference and Decision by the Energy Charter Conference in respect of the amendment to the trade-related provisions of the Energy Charter Treaty - Joint Declarations - Annex I: Amendment to the Trade-Related Provisions of the Energy Charter Treaty - Annex II: Decisions in connection with the Adoption of the Amendment to the Trade-Related Provisions of the Energy Charter Treaty
IO L 252, 12.9.1998, p. 23–46
(ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV) Foilsíodh an doiciméad seo in eagrán speisialta
(CS, ET, LV, LT, HU, MT, PL, SK, SL, BG, RO, HR)
In force
ELI: http://data.europa.eu/eli/agree_internation/1998/537/oj
Language
HTML
PDF
Official Journal
|
12.9.1998 |
EN |
Official Journal of the European Communities |
L 252/23 |
FINAL ACT OF THE INTERNATIONAL CONFERENCE AND DECISION BY THE ENERGY CHARTER CONFERENCE IN RESPECT OF THE AMENDMENT TO THE TRADE-RELATED PROVISIONS OF THE ENERGY CHARTER TREATY
FINAL ACT OF THE INTERNATIONAL CONFERENCE AND DECISION OF THE ENERGY CHARTER CONFERENCE
|
I. |
Between 17 December 1994 and 18 December 1997 the Provisional Energy Charter Conference met to negotiate an amendment to the trade-related provisions of the Energy Charter Treaty. A Conference to adopt the amendment was held at Brussels on 23 and 24 April 1998. Representatives of the Republic of Albania, the Republic of Armenia, Australia, the Republic of Austria, the Azerbaijani Republic, the Kingdom of Belgium, the Republic of Belarus, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the Republic of Cyprus, the Czech Republic, the Kingdom of Denmark, the Republic of Estonia, the European Communities, the Republic of Finland, the French Republic, the Republic of Georgia, the Federal Republic of Germany, the Hellenic Republic, the Republic of Hungary, the Republic of Iceland, Ireland, the Italian Republic, Japan, the Republic of Kazakhstan, the Republic of Kyrgyzstan, the Republic of Latvia, the Principality of Liechtenstein, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Malta, the Republic of Moldova, the Kingdom of the Netherlands, the Kingdom of Norway, the Republic of Poland, the Portuguese Republic, Romania, the Russian Federation, the Slovak Republic, the Republic of Slovenia, the Kingdom of Spain, the Kingdom of Sweden, the Swiss Confederation, the Republic of Tajikistan, the former Yugoslav Republic of Macedonia, the Republic of Turkey, Turkmenistan, Ukraine, the United Kingdom of Great Britain and Northern Ireland and the Republic of Uzbekistan (hereinafter referred to as ‘the representatives’) participated in the Conference, as did invited observers from certain countries and international organizations. |
|
II. |
The Energy Charter Conference, which was definitively established on the entry into force on 16 April 1998 of the Energy Charter Treaty 1994, also met on 23 and 24 April 1998 to consider adoption of the amendment to the Trade-Related Provisions of the Energy Charter in accordance with the provisions of the Energy Charter Treaty. |
AMENDMENT TO THE TRADE-RELATED PROVISIONS OF THE ENERGY CHARTER TREATY
|
III. |
The text of the Amendment to the Trade-Related Provisions of the Energy Charter Treaty (hereinafter referred to as the ‘Amendment’) which is set out in Annex I and Decisions with respect thereto which are set out in Annex II were adopted in accordance with the modalities of the international conference called for this purpose and under the Energy Charter Treaty in accordance with the procedure provided for in the Treaty. |
UNDERSTANDINGS
|
IV. |
The following understandings with respect to the Amendment were adopted:
|
DECLARATIONS
|
V. |
The following Declarations were made with respect to the Amendment:
|
ANNEX I
AMENDMENT TO THE TRADE-RELATED PROVISIONS OF THE ENERGY CHARTER TREATY
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. |
|
|
3. |
|
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 (2Xa). |
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 |
|
(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 II, 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: l(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 subparagraph (2)(b) and Annex TFU; or |
|
(ii) |
establishes a free-trade area or a customs union as described in Article XXIV of the GATT 1994.’ |
Article 2
The Treaty shall be amended as follows:
In the Preamble, paragraph 7, replace ‘General Agreement on Tariffs and Trade and its Related Instruments’ with ‘Agreement Establishing the World Trade Organisation’.
In the Preamble, paragraph 8, replace ‘related equipment’ with ‘energy-related equipment’.
In the Preamble, paragraph 9, replace ‘General Agreement on Tariffs and Trade’ and ‘parties thereto’ with ‘World Trade Organisation’ and ‘members thereof’.
In the Preamble, paragraph 10, replace ‘parties to the General Agreement on Tariffs and Trade and its Related Instruments’ with ‘members of the World Trade Organisation’.
In Article 1, replace the text of paragraph (4) with:
|
‘4. |
“Energy materials and products”, based on the Harmonised System of the World Customs Organisation 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:
|
‘4a. |
“energy-related equipment”, based on the Harmonised System of the World Customs Organisation, means the items included in Annexes EQ I or EQ II.’ |
In Article 1, replace the text of paragraph 11 with:
|
‘11. |
|
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 ‘Articles III and XI of the GATT’ and replace ‘GATT and related instruments’ with ‘WTO Agreement’
In Article 14, paragraph 6, replace ‘GATT and related instruments’ with ‘WTO Agreement’.
In Article 20, paragraph 1, replace ‘GATT and relevant related instruments’ with ‘WTO Agreement’ and after ‘energy materials and products’ insert ‘energy-related equipment’.
In Article 21, paragraph 4, replace ‘Article 29(2) to (6)’ with ‘Article 29(2) to (8)’.
In Article 25, paragraph 3, replace ‘GATT and related instruments’ with ‘WTO Agreement’.
In Article 34, paragraph 3, add after subparagraph (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 subparagraph ‘(n)’ with subparagraph ‘(p)’.
In Article 36(1)(d), replace ‘G’ with ‘W’.
In Article 36, in paragraph 1, after subparagraph (f) add:
|
‘(g) |
approve the addition of items to Annex EM II from Annex EM I with the corresponding deletion of those items from Annex EM I and approve the addition of items to Annex EQ II from Annex EQ I with the corresponding deletion of those items from Annex EQ I.’ |
In Article 36, paragraph 4, replace ‘(f)’ with ‘(g)’
In the ‘Table of Contents’ of Annexes to the Energy Charter Treaty, rename ‘Annex EM’ as ‘Annex EM I’, insert as 2 to 4 the additional Annexes ‘Annex EM II energy materials and products (In accordance with Article 1(4))’, ‘Annex EQ I List of energy-related equipment (In accordance with Article 1(4a))’ and ‘Annex EQ II list of energy-related equipment (In accordance with Article 1(4a))’.
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 (1)(a) and (b) and in paragraph (3)(a) and (b), replace ‘party to the GATT’ with ‘member of the WTO’.
In Annex TFU, paragraphs (2)(c), (4), first sentence, and (6), first sentence, replace ‘GATT and related instruments’ with ‘WTO Agreement’.
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 1(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 1(b), 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 l(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 3(a), second sentence, replace ‘GATT and related instruments’ with ‘WTO Agreement’,
and replace the penultimate sentence with:
‘Panels shall be guided by the interpretations given to the WTO Agreement within the framework of the WTO Agreement and shall not question the compatibility with Article 5 or 29 of practices applied by any Contracting Party which is a member of the WTO to other members of the WTO to which it applies the WTO Agreement and which have not been taken by those other members to dispute resolution under the WTO Agreement.’
In paragraph 4(b), 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.’
Add after paragraph 9:
|
‘10. |
Where a Contracting Party invokes Articles 29(9Xb), this Annex shall apply, subject to the following modifications:
|
Article 4
The following Annex shall replace Annex G of the Treaty:
‘Annex W
EXCEPTIONS AND RULES GOVERNING THE APPLICATION OF THE PROVISIONS OF THE WTO AGRREMENT
(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(2Xa):
|
1. |
Agreement establishing the World Trade Organisation All except Article IX, paragraphs 3 and 4 and Article XVI, paragraphs 1, 3 and 4
|
|
2. |
All other provisions in the WTO Agreement which relate to:
|
|
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 Organisation under paragraph 2 of Article IX of the WTO Agreement concerning provisions applicable under Article 29(2)(a), the Charter Conference may adopt an interpretation. |
|
2. |
Requests for waivers under Article 29(2) and (6)(b) shall be submitted to the Charter Conference, which shall follow, in carrying out these duties, the procedures of paragraphs 3 and 4 of Article IX of the WTO Agreement. |
|
3. |
Waivers of obligations in force in the WTO shall be considered in force for the purposes of Article 29 while they remain in force in the WTO. |
|
4. |
The provisions of Article II of the GATT 1994 which have not been disapplied shall, without prejudice to Article 29(4), (5) and (7), be modified as follows:
|
|
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(2Xa). The applicable provisions of the Understanding on the Interpretation of Article II:1 (b) of the GATT 1994 shall, without prejudice to Article 29(4), (5) or (7), apply with the following modifications:
|
|
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):
|
|
9. |
Where Article 29(6)(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. |
|
Article 5
The following Annexes shall be inserted in the Annexes to the Treaty:
‘2. Annex EM II
ENERGY MATERIALS AND PRODUCTS
(In accordance with Article 1(4))’.
‘3. Annex EQ I
LIST OF ENERGY-RELATED EQUIPMENT
(In accordance with Article 1(4a))
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 Organisation Nomenclature headings or the Harmonised System codes listed below.
|
ex 3919 |
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 |
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|
|
– – To be used for oil and gas pipelines and sea lines protection |
|
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ex 7304 (1) |
Tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel. |
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|
7304 10 |
– Line pipes of a kind used for oil or gas pipelines |
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|
|
– Casing, tubing and drill pipe, of a kind used in drilling for oil or gas (2): |
|
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7304 21 (2) |
– Drill pipe |
|
|
7304 29 (2) |
– Other |
|
|
ex 7305 |
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. |
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|
|
– Line pipe of a kind used for oil or gas pipelines: |
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7305 11 |
– Longitudinally submerged arc welded |
|
|
7305 12 |
– Other, longitudinally welded |
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|
7305 19 |
– Other |
|
|
7305 20 |
– Casing of a kind used in drilling for oil or gas |
|
|
ex 7306 (1) |
Other tubes, pipes and hollow profiles (for example, open seam or welded, riveted or similarly closed), of iron or steel. |
|
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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 |
|
|
7307 |
Tube or pipe fittings (for example, couplings, elbows, sleeves), of iron or steel. |
|
|
ex 7308 |
Structures (excluding prefabricated buildings of heading No 9406) and parts of structures (for example, bridges, and bridge-sections, lock-gates, towers, lattice masts, roofs, roofing frameworks, 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 7309 |
Reservoirs, tanks, vats and similar containers for any material (other than compressed or liquefied gas), of iron or steel, of a capacity exceeding 300 litres, whether or not lined or heat-insulated, but not fitted with mechanical or thermal equipment. |
|
|
ex 7309 00 |
– – For liquids |
|
|
|
– – Of a capacity exceeding 1 000 000 litres, where specially designed for strategic oil reserves |
|
|
|
– – Heat insulated |
|
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ex 7311 |
Containers for compressed or liquefied gas, of iron or steel. |
|
|
|
– – Of more than 1 000 litres |
|
|
ex 7312 (1) |
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 7326 |
Other articles of iron or steel. |
|
|
ex 7326 90 |
– Other |
|
|
|
– – Connectors for optical fibre cables |
|
|
ex 7613 |
Aluminium containers for compressed or liquefied gas. |
|
|
|
– – Of more than 1 000 litres |
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ex 7614 |
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 |
|
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ex 7614 90 |
– Other |
|
|
|
– – Of a kind used in electricity generation, transmission and distribution |
|
|
ex 7806 |
Other articles of lead. |
|
|
|
– – Containers with an anti-radiation lead covering, for the transport or storage of highly radioactive materials |
|
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ex 8109 |
Zirconium and articles thereof, including waste and scrap. |
|
|
ex 8109 90 |
– Other |
|
|
|
– – Cartridges or tubes for nuclear fuel elements |
|
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ex 8207 |
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 13 (3) |
– With working part of cermets |
|
|
8207 19 |
– Other, including parts |
|
|
ex 8307 (1) |
Flexible tubing of base metal, with or without fittings. |
|
|
|
– – For exclusive use in oil and gas wells |
|
|
8401 |
Nuclear reactors; fuel elements (cartridges), non-irradiated, for nuclear reactors; machinery and apparatus for isotopic separation. |
|
|
8402 |
Steam or other vapour generating boilers (other than central heating hot water boilers capable also of producing low pressure steam); super-heated water boilers. |
|
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8403 |
Central heating boilers other than those of heading No 8402. |
|
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8404 |
Auxiliary plant for use with boilers of heading No 8402 or 8403 (for example, economisers, super-heaters, soot removers, gas recoverers); condensers for steam or other vapour power units. |
|
|
8405 |
Producer gas or water gas generators, with or without their purifiers; acetylene gas generators and similar water process gas generators, with or without purifiers. |
|
|
ex 8406 |
Steam turbines and other vapour turbines. |
|
|
|
– Other turbines (4): |
|
|
8406 81 (4) |
– Of an output exceeding 40 MW |
|
|
8406 82 (4) |
– Of an output not exceeding 40 MW |
|
|
8406 90 |
– Parts |
|
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ex 8408 (1) |
Compression-ignition internal combustion piston engines (diesel or semi-diesel engines). |
|
|
ex 8408 90 |
– Other engines |
|
|
|
– – New, of a power exceeding 50 kW |
|
|
ex 8409 |
Parts suitable for use solely or principally with the engines of heading No 8407 or 8408 |
|
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8409 99 |
– Other |
|
|
8410 |
Hydraulic turbines, water wheels, and regulators therefor. |
|
|
8411 (1) |
Turbo-jets, turbo-propellers and other gas turbines. |
|
|
8413 (1) |
Pumps for liquids, whether or not fitted with a measuring device; liquids elevators. |
|
|
ex 8414 (1) |
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 mining and power plants |
|
|
8414 80 |
– Other |
|
|
8414 90 |
– Parts |
|
|
8416 |
Furnace burners for liquid fuel, for pulverised solid fuel or for gas; mechanical stockers, including their grates, mechanical ash dischargers and similar appliances. |
|
|
ex 8417 |
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 |
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|
|
– – Exclusively for waste incinerators, laboratory furnaces and ovens and uranium sintering ovens |
|
|
ex 8418 (1) |
Refrigerators, freezers, and other refrigerating or freezing equipment, electric or other, heat pumps other than air conditioning machines of heading No 8415. |
|
|
|
– Other refrigerating or freezing equipment; heat pumps: |
|
|
8418 61 |
– Compression type units whose condensers are heat exchangers |
|
|
8418 69 |
– Other |
|
|
ex 8419 (1) |
Machinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilising, pasteurising, steaming, drying, evaporating, vapourising, condensing or cooling, other than machinery or plant of a kind used for domestic purposes; instantaneous or storage water heaters, non-electric. |
|
|
8419 50 |
– Heat exchange units |
|
|
8419 60 |
– Machinery for liquefying air or other gases |
|
|
|
– Other machinery, plant and equipment: |
|
|
8419 89 |
– Other |
|
|
ex 8421 (1) |
Centrifuges, including centrifugal 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 8425 (1) |
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 8426 (1) |
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 of wells |
|
|
ex 8429 |
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 8430 |
Other moving, grading, levelling, scraping, excavating, tamping, compacting, extracting or boring machinery, for earth, minerals or ores; pile-drivers and pile-extractors; snow-ploughs and snow-blowers: |
|
|
|
– Coal or rock cutters and tunnelling machinery: |
|
|
8430 31 |
– Self-propelled |
|
|
8430 39 |
– Other |
|
|
|
– Other boring or sinking machinery: |
|
|
ex 8430 41 |
– Self-propelled |
|
|
|
– – For the discovery or exploitation of deposits of oil and gas |
|
|
ex 8430 49 |
– Other |
|
|
|
– – For the discovery or exploitation of deposits of oil and gas |
|
|
ex 8431 |
Parts suitable for use solely or principally with the machinery of heading Nos 8425 to 8430 |
|
|
|
– – Only for machinery covered |
|
|
8471 (1) |
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 8474 |
Machinery for sorting, screening, separating, washing, crushing, grinding, mixing or kneading earth, stone, ores or other mineral substances, in solid (including powder or paste) form; machinery for agglomerating, shaping or moulding solid mineral fuels, ceramic paste, unhardened cements, plastering materials or other mineral products in powder or paste form; machines for forming foundry moulds of sand: |
|
|
8474 10 |
– Sorting, screening, separating or washing machines |
|
|
8474 20 |
– Crushing or grinding machines |
|
|
ex 8474 90 |
– Parts |
|
|
|
– – Of cast iron or cast steel |
|
|
ex 8479 (1) |
Machines and mechanical appliances having individual functions, not specified or included elsewhere in this Chapter (5) |
|
|
|
– Other machines and mechanical appliances: |
|
|
ex 8479 89 |
– Other |
|
|
|
– – Mobile hydraulic powered mine roof support |
|
|
ex 8481 |
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 8483 |
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 8484 (1) |
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 20 (6) |
– Mechanical seals |
|
|
8501 (1) |
Electric motors and generators (excluding generating sets) |
|
|
8502 (1) |
Electric generating sets and rotary converters |
|
|
8503 (1) |
Parts suitable for use solely or principally with the machines of heading No 8501 or 8502 |
|
|
ex 8504 (1) |
Electrical transformers, static converters (for example, rectifiers) and inductors |
|
|
|
– 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 kVA but not exceeding 500 kVA |
|
|
8504 34 |
– Having a power handling capacity exceeding 500 kVA |
|
|
8504 40 |
– Static converters |
|
|
8504 50 |
– Other inductors |
|
|
8504 90 |
– Parts |
|
|
ex 8507 (1) |
Electric accumulators, including separators therefor, whether or not rectangular (including square) |
|
|
|
– – Excluding the use for non-energy sectors |
|
|
8514 |
Industrial or laboratory electric (including induction or dielectric) furnaces and ovens; other industrial or laboratory induction or dielectric heating equipment |
|
|
ex 8526 (1) |
Radar apparatus, radio navigational aid apparatus and radio remote control apparatus. |
|
|
8526 10 |
– Radar apparatus |
|
|
|
– Other: |
|
|
8526 91 |
– Radio navigational aid apparatus |
|
|
8531 (1) |
Electric sound- or visual-signalling apparatus (for example bells, sirens, indicator panels, burglar or fire alarms), other than those of heading Nos 8512 or 8530 |
|
|
ex 8532 |
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) |
|
|
8535 |
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 |
|
|
8536 |
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 A |
|
|
ex 8536 20 |
– Automatic circuit breakers |
|
|
|
– – Exceeding 63 A |
|
|
ex 8536 30 |
– Other apparatus for protecting electrical circuits |
|
|
|
– – Exceeding 16 A |
|
|
|
– Relays: |
|
|
8536 41 |
– For a voltage not exceeding 60 V |
|
|
8536 49 |
– Other |
|
|
ex 8536 50 |
– Other switches |
|
|
|
– – For a voltage exceeding 60 V |
|
|
8537 |
Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading No 8535 or 8536, 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 8517 |
|
|
8538 |
Parts suitable for use solely or principally with the apparatus of heading Nos 8535, 8536 or 8537 |
|
|
ex 8541 |
Diodes, transistors and similar semiconductor devices; photosensitive semiconductor devices, including photovoltaic cells whether or not assembled in modules or made up into panels; light emitting diodes; mounted piezo-electric crystals: |
|
|
ex 8541 40 |
– Photosensitive semiconductor devices, including photovoltaic cells whether or not assembled in modules or made up into panels; light emitting diodes: |
|
|
|
– – Photosensitive semiconductor devices, including photovoltaic cells whether or not assembled in modules or made up into panels |
|
|
ex 8544 |
Insulated (including enamelled or anodised) wire, cable (including coaxial 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 8545 |
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 |
|
|
8546 |
Electrical insulators of any material |
|
|
8547 |
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 8546; electrical conduit tubing and joints therefor, of base metal lined with insulating material |
|
|
ex 8704 |
Motor vehicles for the transport of goods: |
|
|
|
– Other, with compression-ignition internal combustion piston engine (diesel or semi-diesel): |
|
|
ex 8704 21 |
– gvw not exceeding 5 tonnes |
|
|
|
– – Specially designed for the transport of highly radioactive materials |
|
|
ex 8704 22 |
– gvw exceeding 5 tonnes but not exceeding 20 tonnes |
|
|
|
– – Specially designed for the transport of highly radioactive materials |
|
|
ex 8704 23 |
– gvw exceeding 20 tonnes |
|
|
|
– – Specially designed for the transport of highly radioactive materials |
|
|
|
– Other, with spark-ignition internal combustion piston engine: |
|
|
ex 8704 31 |
– gvw not exceeding 5 tonnes |
|
|
|
– – Specially designed for the transport of highly radioactive materials |
|
|
ex 8704 32 |
– gvw exceeding 5 tonnes |
|
|
|
– – Specially designed for the transport of highly radioactive materials |
|
|
ex 8705 |
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 8709 |
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 8905 |
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 9015 |
Surveying (including photogrammetrical surveying), hydrographic, oceangraphic, hydro-logical, meteorological or geophysical instruments and appliances, excluding compasses; rangefinders: |
|
|
ex 9015 80 |
– Other instruments and appliances |
|
|
|
– – Geophysical instruments only |
|
|
9015 90 |
– Parts and accessories |
|
|
ex 9026 (1) |
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 Nos 9014, 9015, 9028 or 9032: |
|
|
|
– – Except for use in the water distribution industry |
|
|
9027 |
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 |
|
|
9028 |
Gas, liquid or electricity supply or production meters, including calibrating meters therefor |
|
|
ex 9029 (1) |
Revolution counters, production counters, taximeters, mileometers, pedometers and the like; speed indicators and tachometers, other than those of heading No 9014 or 9015; 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 9030 (1) |
Oscilloscopes, spectrum analysers and other instruments and apparatus for measuring or checking electrical quantities, excluding meters of heading No 9028; instruments and apparatus for measuring or detecting alpha, beta, gamma, X-ray, cosmic or other ionising radiations. |
|
|
ex 9030 10 |
– Instruments and apparatus for measuring or detecting ionising radiations |
|
|
|
– – For use in the energy sector |
|
|
|
– Other instruments and apparatus, for measuring or checking voltage, current, resistance or power, without a recording device: |
|
|
9030 31 |
– Multimeters |
|
|
9030 39 |
– Other |
|
|
|
– Other instruments and apparatus |
|
|
ex 9030 83 (7) |
– 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 |
|
|
9032 (1) |
Automatic regulating or controlling instruments and apparatus. |
|
‘4. Annex EQ II
LIST OF ENERGY-RELATED EQUIPMENT
(In accordance with Article 1(4a))’.
‘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))’.
‘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))’.
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. |
|
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 on 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.
Article 7
Status of the Decision
The Decision adopted in connection with the adoption of this amendment is an integral part of the Energy Charter Treaty.
(1) Except products for use in civil aircraft.
(2) Covered by 7304 20 20 in the 1992 version.
(3) Covered by 8207 11 and 12 in the 1992 version.
(4) Covered by 8406 19 in the 1992 version.
(5) Chapter 84.
(6) Not covered by separate subheading in the 1992 version.
(7) Covered by 9030 81 in the 1992 version’.
ANNEX II
DECISIONS IN CONNECTION WITH THE ADOPTION OF THE AMENDMENT TO THE TRADE-RELATED PROVISIONS OF THE ENERGY CHARTER TREATY
|
1. |
A signatory which does not apply the amendment adopted on 24 April 1998 provisionally may at the time that it takes action to apply that amendment, whether on a 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. |
|
2. |
The final provisions of the amendment shall be based on Part VIII, in particular Article 42, of the Energy Charter Treaty so far as relevant. |