Proposal for a Council Decision on the position to be adopted by the European Community within the Energy Charter Conference and the International Conference of the Signatories of the Energy Charter Treaty, on the amendment to the trade-related provisions of the Energy Charter Treaty and its provisional application
Date: 1998-05-06
Institutions: European Commission
Subjects: European charter, World Trade Organisation, energy policy, international agreement, international conference

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels, 06.05.1998 
COM(1998) 267  final 

98/0164 (ACC) 

Communication  from the Commission to the Council  on the position to be 
adopted by the European  Community within the Energy Charter  Conference 
and the International  Conference  of the Signatories of the Energy  Charter 
Treaty, on the Amendment to the Trade Related Provisions of the Energy 
Charter Treaty and its provisional  application. 

Proposal for a 

COUNCIL  DECISION 

ON THE ON THE POSITION TO BE ADOPTED BY 

THE EUROPEAN  COMMUNITY 

WITHIN  THE 

ENERGY CHARTER  CONFERENCE 

AND THE INTERNATIONAL  CONFERENCE  OF THE  SIGNATORIES  OF THE 

ENERGY  CHARTER  TREATY 

ON THE AMENDMENT TO THE 

TRADE-RELATED PROVISIONS  OF THE 

ENERGY  CHARTER TREATY AND ITS PROVISIONAL  APPLICATION 

(presented by the  Commission) 

Communication from the Commission to the Council on the position to be 
adopted by the European Community within the Energy Charter Conference 
and the International Conference of the Signatories of the Energy Charter 
Treaty, on the Amendment to the Trade Related Provisions of the Energy 
Charter Treaty and its provisional application. 

1. 

2. 

3. 

The  Energy  Charter  Treaty  (ECT)(1)  entered  into  force  on  16  April  1998. 
Signed since December  1994 by 49 States and the European Communities, the 
ECT has been ratified up to now by more than 30 countries.  On  16 December 
1997 the European Communities and 12 of their Member States deposited their 
instruments  of approval/ratification.  Ratification  by the remaining  3 Member 
States is expected soon. 

The  Russian  Federation  and  several  other  signatory  countries  have  not  yet 
ratified the ECT. 

The European  Connnunities and their  Member  States have been  applying the 
ECT  provisionally  by  virtue  of  Council  Decisions  94/998/EC0) 
and 
94/1067/Euratom^ since the day of signature thereof (17 December 1994). 

The  ECT  (Article  29)  stipulates that  trade  in  energy  materials  and  products 
between Contracting Parties (at least  one of which is not party to the General 
Agreement  on  Tariffs  and  Trade  (GATT)  1947)  shall  be  governed  by  the 
provisions  of  the  GATT  and  Related  Instruments. 
Some  transitional 
arrangements are foreseen in particular for intra CIS trade. 

Paragraph  6  of  Article  29  obliges  signatories  of  the  Treaty  to  commence 
negotiations  not  later  than  1 January  1995  with  a  view  to  concluding  by  1 
January 1998 on a binding tariff standstill on energy materials and products. 

Article  30  of  the  ECT  obliges  signatories  of  the  Treaty  to  commence 
consideration, in the light of the results of the Uruguay Round, not later than 1 
July 1995 of appropriate amendments to the Treaty with a view to the adoption 
of any such amendment by the Energy Charter Conference. 

Article  31  of  the  ECT  provides  for  examination  of  the  inclusion  of  energy 
related equipment in the trade provisions of the Treaty by the European Charter 
Conference. 

4. 

Since  1995 negotiations on the amendment to the trade provisions of the ECT 
and on the list of energy related equipment to be included in the trade regime of 

Text published in O.J. No. L69, 9.3.1998 

(D 
p)O.J.  L380, 31.12.1994,p.l 
P)  O.J. L380, 31.12.1994, p.  113 

A 

the ECT have taken place  in the  Energy  Charter Working  Groups  established 
for this purpose. 

The result of these negotiations is the "Draft Amendment to the Trade-Related 
Provisions of the Energy Charter Treaty" including the 'list  of Energy-Related 
Equipment" to be included in the trade provisions (Annex H). 

The main purpose is to  make relevant  WTO provisions (instead  of GATT 47) 
applicable by reference in the ECT and to cover energy related equipment. 

The tariff  standstill will however not  be binding  and only be  limited to  a best 
endeavors  cormnitment.  The Russian  Federation  and the  other  CIS  countries 
were  not  willing  to  accept  any binding  tariff  standstill  in  the  context  of  the 
ECT,  because  they  are  of the  opinion  that  this  might  affect  their position  in 
their negotiations for accession to the WTO.  It is, however,  foreseen that the 
Energy  Charter  Conference  may,  at  a  later  stage,  decide  by  unanimity  on a 
legally  binding  tariff  standstill  for  certain  energy  materials,  products  and/or 
items figuring on the list of energy related equipment.  There will be a periodic 
review of the situation in the Energy Charter Conference. 

The  Trade Amendment  including  the  list  of  energy-related  equipment  will be 
submitted for adoption to the next Energy Charter Conference. 

At  the  Energy  Charter  Conference  on  17/18  December  1997,  the  Russian 
Federation  agreed not to  re-open the issue  of trade in nuclear materials in the 
context of the Trade Amendment to the ECT on the condition that a statement 
would be made by the  Chairman  of the  Charter  Conference  in the  context  of 
the  adoption  of  the  Trade  Amendment.  Therefore  the  following  statement, 
which  has  no  legal  implications,  will  be  recorded  in  the  proceedings  of  the 
Charter Conference: 
"The Russian Federation has raised the issue of trade in nuclear materials.  The 
Russian  Federation  and the  EU  agreed  that  the  Partnership  and  Cooperation 
Agreement  between  the  Russian  Federation,  the  European  Union  and  its 
Member  States,  which  entered  into  force  on  1  December  1997,  is  the 
appropriate framework to  deal with this issue,  as confirmed  in the  conclusions 
of 27 January 1998 Cooperation Council" 

The  Commission  considers  that  the  introduction  of  the  relevant  WTO 
provisions by reference instead of the  outdated GATT 47 provisions contained 
in the ECT will provide for more  consistency  in the trade rules applied by the 
signatories  of  the  ECT  who  are  members  of  the  WTO.  For  non-WTO 
members this will represent  a step  forward  towards  WTO  accession.  For the 
Community this represents progress.  It is indeed  in the  Cornmunity's interest 
that non-WTO members who are signatories of the Energy Charter Treaty also 
accept  the  additional  obligations which  will result from the move from GATT 
47 to WTO provisions. 

The advantage for the Community of including  energy-related  equipment items 
under the scope of application of the ECT trade provisions, even if there will be 

5. 

6. 

7. 

w 

no  binding  tariff  standstill  for  the time  being,  results from the  fact  that  those 
provisions  will  prevail  over  the  less  comprehensive  trade  rules  of  the 
Partnership  and  Cooperation  Agreements  concluded  between  the  European 
Communities, their Member States and the CIS countries. 

The adoption of the list of energy-related equipment does in practice not imply 
any tariff concessions from the European Community on these items. 

The  Commission  considers  that  Article  3  paragraph  2  of  Council  and 
Commission Decision (98/181/EC, ECSC, Euratom) of 23  September  1997 on 
the  conclusion,  by the  European  Communities,  of the  Energy  Charter  Treaty 
Charter  Protocol  on  energy  efficiency  and  related 
and  the  Energy 
environmental aspects(4) applies to the position which the European Cornmunity 
will  take  with  regard  to  the  Trade  Amendment  in  the  Energy  Charter 
Conference. 

The Commission is of the qpinion that Article  113  of the EC Treaty applies to 
the  proposed  Trade Amendment  and that  in  the  light  of  Opinion  1/94  of the 
Court  of  Justice  (on  the  application  of  Article  228,  paragraph  6  of  the  EC 
Treaty)  it  can be  concluded  by the  European  Community  only  and  does  not 
need  to  be  concluded  by  the  European  Coal  and  Steel  Community  and  the 
European Atomic Energy Community. 

As on the one hand, those signatories of the Energy Charter Treaty which have 
not  yet  ratified  the  ECT  will  have  no  voting  rights  in  the  Energy  Charter 
Conference,  but  as,  on  the  other  hand,  it  appears  nevertheless  desirable  that 
they participate also in the decision making, it is envisaged that the Amendment 
to  the  Trade-related  provisions  be  adopted  no  only  by  the  Energy  Charter 
Conference,  but  also  by  an International  Conference  of the  signatories  of the 
Energy Charter Treaty. 

8. 

9. 

10. 

11. 

In case that changes to the current text  of the Trade Amendment be proposed 
in the course of the Energy Charter Conference / International Conference, the 
representative  of the European  Community  should be habilitated to  eventually 
agree to such changes after Cornmunity coordination on the spot. 

12. 

The Commission therefore proposes to the Council: 

to  adopt  the  decision  (Annex  I)  authorizing  the  representative  of  the 
European  Community  to  adopt  within  the  Energy  Charter  Conference  / 
International  Conference  the Amendment  to  the Trade-Related  Provisions 
of the ECT (including the list  of energy-related  equipment),  subject  to  its 
application. 
subsequent 

provisional 

approval, 

and 

its 

(4)  O.J. L69,  9.3.1998 

lb 

Annex I 

Proposal for a 

COUNCIL  DECISION 

ON THE ON THE POSITION TO BE ADOPTED BY 

THE EUROPEAN COMMUNITY 

WITHIN THE 

ENERGY CHARTER CONFERENCE 

AND THE INTERNATIONAL CONFERENCE OF THE SIGNATORIES OF THE 

ENERGY CHARTER TREATY 

ON THE AMENDMENT TO THE 

TRADE-RELATED PROVISIONS OF THE 

ENERGY CHARTER TREATY AND ITS PROVISIONAL APPLICATION 

THE COUNCIL OF THE EUROPEAN  UNION 

Having  regard to  the  Treaty  establishing  the  European  Community  and in particular 
Article  113 thereof, in conjunction with the first  sentence of Article 228 (2); 

Having  regard to  Article  3(2)  of the  Council  and  Commission  Decision  (98/181/EC, 
ECSC, Euratom) of 23  September  1997(1) ; 

Having regard to the proposal from the Commission, 

Whereas the Energy Charter Treaty was signed on  17 December  1994 by the European 
Communities and their Member States; 

(1)  O.J. No. L69, 9.3.1998 

Whereas  the  European  Corumunities  and  a  large  majority  of  their. Member  States 
deposited  their  instruments  of  approval/ratification  on  16  December  1997  with  the 
Depositary, the Government of the Portuguese Republic; 

Whereas the remaining Member States will ratify the Energy Charter Treaty soon; 

Whereas the Energy Charter Treaty entered into force on 16 April 1998; 

Whereas since the day of its signature the Energy Charter Treaty has been applied, to 
the  extent  possible,  on  a provisional  basis  and will  continue  to  do  so,  to  the  extent 
possible, by those signatories who have not yet ratified the Treaty; 

Whereas  the  Energy  Charter  Treaty  provides  for  the  examination  of  its  trade 
provisions  in  the  light  of  the  results  of  the  Uruguay  Round  of  Multilateral  Trade 
Negotiations  and of the inclusion of energy related equipment in the trade provisions, 
with a view to the adoption of such amendments by the Energy Charter Conference; 

Whereas the introduction  in the  Treaty  of the  relevant  WTO provisions  by  reference 
instead  of  the  GATT  47  provisions  contained  therein,  as  well  as  the  inclusion  of 
energy-related  equipment  in the  trade provisions  are in the  interest  of the  European 
Community; 

Whereas  the  European  Community  has  sole  competence  for  common  commercial 
policy; 

Whereas an International Conference has been deemed desirable to allow participation 
of all signatories in the decision making; whereas the Trade Amendment would also be 
adopted by the Energy Charter Conference; 

Whereas  the  adoption  by  the  Energy  Charter  Conference  and the  said  International 
Conference  of the Amendment  to the Trade-related Provisions of the Energy Charter 
Treaty  should  therefore  be  supported  by  the  European  Community;  subject  to 
subsequent  approval,  and  applied  on  a  provisional  basis,  in  accordance  with  its 
provisions; 

HAS DECIDED AS FOLLOWS 

Article 1 

1. 

The representative  of the European Cornmunity shall adopt within the Energy 
Charter  Conference  /  International  Conference  the  Amendment  to  the  Trade-
related  Provisions  of  the  Energy  Charter  Treaty,  subject  to  its  subsequent 
approval. 

2. 

In case that changes to the attached text of the Amendment including the list  of 
Energy -  related Equipment  be proposed  in the  course  of the  Energy  Charter 

id. 

Conference  /  International  Conference,  the  representative  of  the  European 
Community  is  habilitated  to  agree  to  such  changes  after  Community 
coordination. 

Article 2 

1. 

2. 

The Amendment  shall be applied on a provisional basis in accordance  with its 
provisions from the  time  of  adoption  by the  Energy  Charter  Conference  and 
will be definitively applied upon entry into force. 

The text  of the Amendment  including the  list  of Energy-related  Equipment  is 
attached to this Decision. 

Done at Brussels 

1e 

Annex  H 

ARTICLE  1 

Article 29 of the Treaty shall be replaced by the following  text: 

ARTICLE 29 

INTERIM PROVISIONS ON TRADE-RELATED  MATTERS 

(1)  The  provisions  of  this  Article  shall  apply  to  trade  in  Energy  Materials  and 
Products  and  Energy-Related  Equipment  while  any  Contracting  Party  is  not  a 
member of the WTO. 

(2) 

(a)  Trade  in  Energy  Materials  and  Products  and  Energy-Related  Equipment 
between  Contracting  Parties  at  least  one  of  which  is  not  a  member  of  the 
WTO  shall  be governed,  subject  to  subparagraph  (b) and to the  exceptions 
and  rules  provided  for  in  Annex  W,  by  the  provisions  of  the  WTO 
Agreement,  as  applied  and  practised  with  regard  to  Energy  Materials  and 
Products  and  Energy-Related  Equipment  by members  of  the  WTO  among 
themselves, as if all Contracting Parties were members of the WTO. 

(b)  Such trade of a Contracting Party which is a state that was a constituent part 
of the former  Union of Soviet Socialist Republics may instead be governed, 
subject  to  the provisions  of Annex  TFU,  by an  agreement  between  two  or 
more  such  states,  until  1  December  1999  or  the  admission  of  that 
Contracting Party to the WTO, whichever is the earlier. 

(3) 

(a)  Each  signatory  to  this  Treaty,  and  each  state  or  Regional  Economic 
Integration  Organization  acceding to this Treaty before  24 April  1998, shall 
on  the  date  of  its  signature  or  of  its  deposit  of  its  instrument  of  accession 
provide to the Secretariat a list of all customs duties and charges of any kind 
imposed  on  or  in  connection  with  importation  or  exportation  of  Energy 
Materials  and  Products,  notifying  the  level  of  such  customs  duties  and 
charges  applied  on  such  date of signature  or deposit. Each  signatory to this 
Treaty,  and  each  state  or  Regional  Economic  Integration  Organization 
acceding to this  Treaty  before  24 April  1998, shall  on that  date provide  to 
the  Secretariat  a list of all customs duties  and  charges  of any kind  imposed 
on  or  in  connection  with  importation  or  exportation  of  Energy-Related 
Equipment,  notifying  the  level  of  such  customs  duties  and  charges  applied 
on that date. 

(b)  Each  state  or Regional  Economic  Integration  Organization  acceding to  this 
Treaty  on  or  after  24  April  1998,  shall,  on  the  date  of  its  deposit  of  its 
instrument  of  accession,  provide  to  the  Secretariat  a  list  of  all  customs 
duties  and  charges  of  any  kind  imposed  on  or  in  connection  with 
importation  or  exportation  of  Energy  Materials  and  Products  and  Energy-
t 

ND/id/CC-l 13 Trade Ammdmau-Adoption/3.3 98 

Related  Equipment,  notifying  the  level  of  such  customs  duties  and  charges 
applied on such date of deposit. 

Any  changes  to  such  customs  duties  or  charges  of  any  kind  imposed  on  or  in 
connection  with  importation  or  exportation  shall  be  notified  to  the  Secretariat, 
which shall inform the Contracting Parties of such changes. 

(4)  Each  Contracting  Party  shall  endeavour  not  to  increase  any  customs  duty  or 
charge of any kind imposed on or in connection with importation or exportation: 

(a)  in  the  case  of  the  importation  of  Energy  Materials  and  Products  listed  in 
Annex  EM  I  or  Energy-Related  Equipment  listed  in  Annex  EQ  I  and 
described in Part I of the Schedule relating to the Contracting Party  referred 
to in article II of the GATT  1994, above the level set forth  in that  Schedule, 
if the Contracting Party is a member of the WTO; 

(b)  in  the  case  of  the  exportation  of  Energy  Materials  and  Products  listed  in 
Annex EM I or Energy-Related Equipment listed in Annex EQ I, and that of 
their  importation  if  the  Contracting  Party  is  not  a  member  of  the  WTO, 
above the level most recently notified  to the Secretariat, except as permitted 
by the provisions made applicable by subparagraph (2)(a). 

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

level referred to in paragraph (4) only  if: 

(a)  in case of a customs duty or other charge imposed  on or in connection  with 
importation,  such  action  is not  inconsistent  with  the  applicable  provisions 
of  the  WTO  Agreement,  other  than  those  provisions  of  the  WTO 
Agreement listed in Annex W; or 

(b)  it  has,  to  the  fullest  extent  practicable  under  its  legislative  procedures, 
notified  the  Secretariat  of  its  proposal  for  such  an  increase,  given  other 
interested  Contracting  Parties  reasonable  opportunity  for  consultation  with 
respect  to  its  proposal,  and  accorded  consideration  to  any  representations 
from such Contracting Parties. 

(6) 

In  respect  of  trade  between  Contracting  Parties  at  least  one  of  which  is  not  a 
member of the WTO, no such Contracting Party shall increase any customs duty 
or  charge  of  any  kind  imposed  on  or  in  connection  with  importation  or 
exportation  of Energy Materials  and Products  listed  in Annex EM II or Energy-
Related Equipment  listed in Annex EQ II above the lowest of the levels applied 
on the  date of the  decision  by the  Charter  Conference  to  list the particular  item 
in the relevant Annex. 

A Contracting Party may increase such customs duty or other  charge above that 
level only  if: 

(a)  in case of a customs duty or other charge imposed  on or in connection  with 
importation,  such  action  is  not  inconsistent  with  the  applicable  provisions 
of  the  WTO  Agreement,  other  than  those  provisions  of  the  WTO 
Agreement listed in Annex W; or 

NDfed/CC-113 Tnde AaModncat-Ado|MioB/3.3.98 

(b)  in  exceptional  circumstances  not  elsewhere provided  for  in this  Treaty,  the 
Charter Conference  decides to waive the obligation  otherwise imposed on a 
Contracting Party by this paragraph,  consenting to  an increase  in a customs 
duty, subject to any conditions the Charter Conference  may impose. 

(7)  Notwithstanding paragraph (6), in the case of trade referred  to in that paragraph, 
Contracting  Parties  listed  in  Annex  BR  in  respect  of  Energy  Materials  and 
Products  listed in Annex EM II, or in Annex BRQ  in respect  of Energy-Related 
Equipment  listed  in Annex  EQ  H, shall not  increase  any customs  duty or  other 
charge  above  the  level  resulting  from  their  commitments  or  any  provisions 
applicable to them under the WTO Agreement. 

(8)  Other  duties  and  charges 

imposed  on  or  in  connection  with  importation  or 
exportation  of  Energy  Materials  and  Products  or  Energy-Related  Equipment 
shall  be  subject  to the  provisions  of the  Understanding  on the  Interpretation  of 
Article II: 1(b) of the GATT  1994 as modified  according to Annex W. 

(9)  Annex D shall apply: 

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

this Article; 

(b)  to disputes regarding the application by a Contracting Party of any measure, 
whether  or  not  it  conflicts  with  the  provisions  of  this  Article,  which  is 
considered  by  another  Contracting  Party  to  nullify  or  impair  any  benefit 
accruing to it directly or indirectly under this Article; and 

(c)  unless  the  Contracting  Parties  parties  to  the  dispute  agree  otherwise,  to 
disputes regarding compliance with Article 5 between Contracting Parties at 
least one of which is not a member of the WTO, 

except that Annex D  shall not apply to any dispute between  Contracting Parties, 
the substance of which arises under an agreement that: 

(i)  has  been  notified  in  accordance  with  and  meets  the  other  requirements  of 

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

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

of the GATT  1994. 

ND/*<l/CC-l  13  Trade  A m c m d u m - A d o p ù o a / 3 . 3 . 98 

The Treaty shall be amended as follows: 

ARTICLE  2 

In the  Preamble,  paragraph  seven,  replace  "General  Agreement  on  Tariffs  and  Trade 
and  its  Related  Instruments"  with  "Agreement  Establishing  the  World  Trade 
Organization" 

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

In the  Preamble,  paragraph  nine,  replace  "General  Agreement  on  Tariffs  and  Trade" 
and "parties thereto" with "World Trade Organization" and "members  thereof 

In the Preamble,  paragraph  ten,  replace  "parties  to the  General  Agreement  on  Tariffs 
and  Trade  and  its  Related  Instruments"  with  "members  of  the  World  Trade 
Organization ". 

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

"(4)  "Energy  Materials  and  Products",  based  on  the  Harmonised  System  of  the 
World  Customs  Organization and the  Combined Nomenclature  of the  European 
Communities, means the items included in Annexes EM I or EM  II." 

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

"(4bis)  "Energy-Related  Equipment", based on the Harmonised  System of the  World 
Customs Organization, means the items 'included in Annexes EQI or  EQII." 

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

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

Establishing the World Trade Organization. 

(b)  "WTO  Agreement"  means  the  Agreement  Establishing  the  World  Trade 
Organization,  its  Annexes  and  the  decisions,  declarations  and  understandings 
related  thereto,  as  subsequently  rectified,  amended  and  modified  from  time  to 
time. 

(c)  "GATT  1994" means the  General Agreement  on Tariffs  and  Trade  as  specified 
in  Annex  1A to  the  Agreement  Establishing  the  World  Trade  Organization,  as 
subsequently rectified,  amended or modified from time to time." 

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

In Article  4, title, replace  "GATT  and Related  Instruments" with  "WTO  Agreement" 
and  in  the  text  of  Article  4,  replace  "parties  to  the  GATT"  with  "members  of  the 
WTO" and replace "GATT and Related Instruments" with "WTO  Agreement". 

In Article  5, paragraph  (1), insert  "1994" following  "article  m  and XI  of the  GATT' 
and replace "GATT and Related Instruments" with "WTO Agreement". 

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

In Article  20, paragraph  (1), replace  "GATT  and  relevant  Related  Instruments"  with 
"WTO  Agreement",  and  after  "Energy  Materials  and  Products"  insert  "or  Energy-
Related  Equipment". 

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

ND/id/CC-113 Trade Ameodment-Adoption/3.3.98 

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

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

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

these Annexes; 

(o)  consider  and  approve  the  addition  of  items  to  Annex  EM  II  from  Annex  EM  I 
with  the  corresponding  deletion  of  those  items  from  Annex  EM  I  and  consider 
and  approve  the  addition  of  items  to  Annex  EQ  II  from  Annex  EQ  I  with  the 
corresponding deletion of those items from Annex EQ I;". 

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

In Article 360)(d\  replace "G" with "W". 

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

"(g) approve  the  addition  of  items  to  Annex  EM  II  from  Annex  EM  I  with  the 
corresponding deletion of those items from Annex EM I and approve the  addition 
of  items  to  Annex  EQ  II  from  Annex  EQ  I with  the  corresponding  deletion  of 
those items from Annex EQ I." 

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

In the  'Table  of  Contents'  of Annexes  to the Energy  Charter  Treaty,  rename  "Annex 
EM" as "Annex EM F',  insert  as 2 to 4 the additional  Annexes "Annex EM II Energy 
Materials  and  Products  (In  accordance  with  Article  1(4))",  "Annex  EQ  I  List  of 
Energy-Related  Equipment  (In  accordance  with  Article  l(4bis))"  and  "Annex  EQ  II 
List of Energy-Related Equipment (In accordance with Article  l(4bis))". 

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

Renumber  Annexes  2  to  10  as  Annexes  5 to  13. Insert  as  14  and  15 the  additional 
Annexes "Annex BR List of Contracting Parties which  shall not  increase any customs 
duty  or  other  charge  above  the  level  resulting  from  their  commitments  or  any 
provisions applicable to them under the WTO Agreement  (In accordance with Article 
29(7))"  and  "Annex  BRQ  List  of  Contracting  Parties  which  shall  not  increase  any 
customs duty or other charge above the level resulting from their commitments  or any 
provisions applicable to them  under the WTO Agreement  (In accordance with  Article 
29(7))". 

Renumber Annexes  11 to  14 as Annexes  16 to  19. 

In  respect  of  Annex  D,  replace  "(In  accordance  with  Article  29(7))"  with  "(In 
accordance with Article 29(9))." 

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

In  Annex  TRM,  paragraph  (l)(a)  and  (b)  and  in  paragraph  (3)(a)  and  (b),  replace 
"party to the G A I T' with "member of the WTO". 

In  Annex  TFU,  paragraphs  (2)(c),  (4),  first  sentence,  and  (6),  first  sentence,  replace 
"GATT and Related Instruments" with "WTO Agreement". 

ND/id/CC-l 13 Trade Ameodmeat-Adoption/3.3.9S 

ARTICLE  3 

Annex D of the Treaty shall be amended as follows: 

In the heading replace "(In accordance with Article 29(7))" with  "(In accordance  with 
Article 29(9))." 

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

",  or  about  any  measures  that  might  nullify  or  impair  any  benefit  accruing  to  a 
Contracting  Party  directly  or  indirectly  under  the  provisions  applicable  to  trade 
under Article 29." 

In  paragraph  d)fb),  at  the  end  of  the  first  sentence,  delete  the  period  and  insert 
thereafter  following "29": 

",  or  any  measure  that  might  nullify  or  impair  any  benefit  accruing  to  a 
Contracting  Party  directly  or  indirectly  under  the  provisions  applicable  to  trade 
under Article 29." 

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

In paragraph 0)(d), insert after the comma before  "the Contracting Parties": 

"or to nullify  or  impair  any benefit  accruing to  it  directly  or  indirectly  under  the 
provisions applicable to trade under Article 29, " 

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

In  paragraph  (3Xa),  second  sentence,  replace  "GATT  and  Related  Instruments"  with 
"WTO Agreement" 
and replace the penultimate sentence with : 

"Panels  shall  be  guided  by  the  interpretations  given  to  the  WTO  Agreement 
within  the  framework  of  the  WTO  Agreement  and  shall  not  question  the 
compatibility  with  Article  5 or  29  of practices  applied  by  any  Contracting  Party 
which is a member of the WTO to other members of the WTO to which it applies 
the  WTO Agreement  and  which  have not  been  taken  by those  other  members  to 
dispute resolution under the WTO Agreement." 

In  paragraph  (4)fb),  first  sentence,  replace  "GATT  or  a  Related  Instrument"  with 
"WTO Agreement". 

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

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

"member of the WTO" 

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

"persons  whose  names  appear  on  the  indicative  list  of  governmental  and  non 
governmental  individuals,  referred  to  in  article  8 of the  Understanding  on  Rules 
and Procedures Governing the Settlement of Disputes contained in Annex 2 to the 
WTO  Agreement  or  who  have  in  the  past  served  as  panellists  on  a  GATT  or 
WTO dispute settlement panel." 

ND/id/CC- ! 13 Trade An>endme»i-Adoption/3.3.9S 

Add after  paragraph (9Y. 

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

subject to the following  modifications: 

(a)  the complaining party shall present a detailed justification  in support of 
any  request  for  consultations  or  for  the  establishment  of  a  panel 
regarding  a measure which  it considers to nullify  or impair  any  benefit 
accruing to it directly or indirectly under Article 29; 

(b)  where  a  measure  has  been  found  to  nullify  or  impair  benefits  under 
Article  29 without violation thereof, there is no obligation to  withdraw 
the  measure;  however,  in  such  a  case  the panel  shall  recommend  that 
the  Contracting  Party  concerned  make  a  mutually  satisfactory 
adjustment; 

(c)  the arbitral panel provided  for  in paragraph  (6)(b), upon  the request  of 
either  party,  may  determine  the  level  of  benefits  that  have  been 
nullified  or  impaired,  and  may  also  suggest  ways  and  means  of 
reaching a mutually satisfactory  adjustment;  such  suggestions  shall  not 
be binding upon the parties to the dispute". 

ND/id/CC-l 13 Trade Amoidmmt-Adopuon/3.3.93 

ARTICLE 4 

The following  Annex shall replace Annex  G of the Treaty: 

ANNEXW 

EXCEPTIONS AND RULES GOVERNING THE APPLICATION OF THE 
PROVISIONS OF THE WTO AGREEMENT 
(in accordance with Article 29(2)(a)) 

(A)  Exceptions to the Application  of the Provisions of the WTO Agreement. 

The following provisions of the WTO Agreement shall not be applicable under Article 
29(2)(a): 

( 1 )  Agreement Establishing the World Trade  Organization 

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

(a)  Annex  1A to the WTO Agreement: 

Multilateral Agreements on Trade in Goods: 

(i)  General Agreement on Tariffs  and Trade  1994 

Schedules of Concessions, paragraphs (l)(a),(l )(b, 1st 
sentence), (l)(c) and (7) 
Special Provisions relating to Cinematographic Films 
Exchange Arrangements 
Governmental Assistance to Economic  Development 
Consultation 
Nullification  and Impairment 
Customs Unions and Free-Trade Areas, paragraph 6 
Joint Action by the Contracting Parties 
Acceptance, Entry into Force and Registration 
Withholding or Withdrawal of Concessions 
Modification  of  Schedules 

II 

IV 
XV 
XVDI 
XXII 
XXm 
XXIV 
XXV 
XXVI 
XXVII 
XXVTH 
XXVm bis  Tariff Negotiations 
XXDC 
XXX 
XXXI 
XXXII 
XXXm 
XXXV 

The Relation of this Agreement to the Havana Charter 
Amendments 
Withdrawal 
Contracting Parties 
Accession 
Non-application  of  the  Agreement  between  Particular 
Contracting Parties 
Principles and  Objectives 
Commitments 
Joint Action 
Relating to Article XXVI 

XXXVI 
XXXVII 
XXXVm 
Annex H 

NCVid/CC-ll3Trade 

•Adoption/3.3.98 

Annex I 

Notes  and  Supplementary  Provisions  (related  to  the 
above-mentioned GATT provisions) 

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

2 

4 
6 
8 

Date of incorporation of other duties and charges into 
the schedule 
Challenges, (1st sentence only) 
Dispute settlement 
Supersession of BISD 27S/24 

Understanding on the Interpretation of Article XVII of the GATT 1994 

1 

5 

only the phrase "for review by the working party to be 
set up under paragraph (5)" 
Working Party on state trading 

Understanding on the Balance-of-Payments Provisions of the GATT 
1994 

5 

7 

8 
13 

Committee on Balance-of-Payments  Restrictions, except 
last sentence 
Review by the Committee, the phrase "or under 
paragraph  12(b) of Article XVIH" 
Simplified  consultation procedures 
Conclusions  of Balance-of-Payments  consultations,  first 
sentence,  third  sentence:  the  phrase  "and  XVIII:  B,  the 
1979 Declaration" and last sentence. 

Understanding on the Interpretation of Article XXIV of the GATT 
1994 

All except paragraph 13 

Understanding in Respect of Waivers of Obligations under the GATT 
1994 

3 

Nullification  and Impairment 

Understanding on the Interpretation of Article XXVIII of the GATT 
1994 

Marrakesh Protocol to the GATT  1994 

Agreement on Agriculture 

Agreement on the Application of Sanitary and Phytosanitary 
Measures 

(ii) 

(iii) 

(iv) 

Agreement on Textiles and Clothing 

ND/id/CC-113 Trade Amendment-Adopttoo/3.3.98 

(v) 

Agreement on Technical Barriers to Trade 

Preamble (paragraphs  1, 8, 9) 
1.3  General Provisions 
10.5  The words "Developed country" and the words "French 
or Spanish" which shall be replaced by "Russian" 

10.6  The phrase "and draw attention of developing country 

10.9 

11 
12 

Members  .... interest to them." 
Information  about technical regulations, standards and 
certification  systems (languages) 
Technical assistance to other Parties 
Special and differential  treatment of developing 
countries 
The Committee on Technical Barriers to Trade 
Consultation and Dispute  Settlement 
Final Provisions (other than  15.2 and  15.5) 

13 
14 
15 
Annex 2 Technical Expert  Groups 

(vi) 

(vii) 

Agreement on Trade-Related Investment  Measures 

Agreement on Implementation of Article VI of the GATT 1994 
(Anti-dumping) 

15 
16 
17 
18 

Developing Country Members 
Committee on Anti-Dumping Practices 
Consultation and Dispute  Settlement 
Final Provisions, paragraphs 2 and 6 

(viii) 

Agreement on Implementation of Article VU of the GATT  1994 
(Customs Valuation) 

for 

the 

international 

14 

18 
19 
20 

Preamble,  paragraph  2,  the  phrase  "and  to  secure  additional 
trade  of  developing 

benefits 
countries" 
Application of Annexes (second sentence except as far 
as it refers to Annex HI paragraphs 6 and 7) 
Institutions (Committee on Customs Valuation) 
Consultation and Dispute  Settlement 
Special and differential  treatment of developing 
countries 
Reservations 
Review 
Secretariat 

21 
23 
24 
Annex II Technical Committee on Customs Valuation 
Annex III Extra Provisions (except paragraphs 6 and 7 ) 

(ix) 

Agreement on Preshipment  Inspection 

Preamble, paragraphs 2 and 3 
Technical Assistance 
3.3 
Review 
6 

NDrad/CC-l 13 Trade Ameadmeat-Adoption/3.3.98 

10 

7 
8 

Consultation 
Dispute  Settlement 

(x) 

Agreement on Rules of Origin 

Preamble, 8th indent 
Institutions 
4 
Review 
6 
Consultation 
7 
Dispute Settlement 
8 
9 
Harmonization of Rules of Origin 
Annex I Technical Committee on Rules of Origin 

(xi) 

Agreement on Import Licensing Procedures 

1.4(a)  General Provisions (last  sentence) 
2.2 
Automatic Import Licensing (footnote  5) 
3.5(iv) Non-Automatic Import Licensing (last sentence) 
4 
6 
7 
8 

Institutions 
Consultations and Dispute  Settlement 
Review (except paragraph 3) 
Final provisions (except paragraph 2) 

(xii) 

Agreement on Subsidies and Countervailing  Measures 

4 
5 
6 

7 
8 

9 
24 

26 
27 

29 

Remedies (except paragraphs 4.1, 4.2 and 4.3) 
Adverse Effects,  last sentence 
Serious Prejudice  (paragraphs 6.6, the phrases  "subject 
to the provisions of paragraph 3 of Annex V" and 
"arising under Article 7, and to the panel  established 
pursuant to paragraph 4 of Article 7", 6.8 the phrase 
", including information  submitted in accordance with 
the provisions of Annex V" and  6.9) 
Remedies (except paragraphs 7.1, 7.2 and  7.3) 
Identification  of Non-Actionable Subsidies, paragraph 
8.5 and Footnote 25 
Consultations and Authorised Remedies 
Committee on Subsidies and Countervailing Measures 
and Subsidiary Bodies 
Surveillance 
Special and Differential  Treatment of Developing 
Country Members 
Transformation  into Market Economy, paragraph 29.2 
(except first sentence) 
Dispute  Settlement 
Provisional Application 

30 
31 
32.2, 32.7 and 32.8 (only insofar  as it refers to Annexes V and 

VÏÏ) Final Provisions 

Annex V Procedures for Developing Information  concerning 
Serious  Prejudice 

ND/id/CC-l 13 Trade Afflcodment-Adoption/3.3.98 

11 

Annex VII Developing  Countries 

(xiii) 

Agreement on  Safeguards 

9 
12 
13 
14 

Developing Country Members 
Notification  and Consultation, paragraph  10 
Surveillance 
Dispute  Settlement 
Annex Exception 

(b)  Annex  IB to the WTO Agreement: 

General Agreement on Trade in Services 

(c)  Annex  1C to the WTO Agreement: 

Agreement on Trade-Related Aspects of Intellectual 
Property Rights 

(d)  Annex 2 to the WTO Agreement: 

Understanding on Rules and Procedures Governing the 
Settlement of Disputes 

(e)  Annex 3 to the WTO Agreement: 

Trade Policy Review Mechanism 

(f)  Annex 4 to the WTO Agreement: 
Plurilateral Trade Agreements: 

(i) 

(ii) 

Agreement on Trade in Civil  Aircraft 

Agreement on Government  Procurement 

(g)  Ministerial Decisions, Declarations and Understanding: 

(i) 

(ii) 

(iii) 

(iv) 
(v) 

(vi) 

(vii) 

Decision on Measures in favour  of Least-Developed  Countries 

Declaration on the Contribution of the WTO to Achieving 

Greater Coherence in Global Economic Policy Making 

Decision on Notification  Procedures 

Declaration on the Relationship of the WTO with the IMF 
Decision on Measures Concerning the Possible Negative  Effects 
of the Reform Programme on Least-Developed  and Net Food-
Importing Developing  Countries 

Decision on Notification  of First Integration under Article 2.6 of 
the Agreement on Textiles and Clothing 

Decision on Review of the ISO/IEC Information  Centre 
Publication 

ND/id/CC-113 Trade Ameadmeat-Adoplion/3.3.98 

12 

(viii) 

Decision on Proposed Understanding on WTO-ISO  Standards 

(ix) 

(x) 

(xi) 

(xii) 

Information  System 

Decision on Anti-Circumvention 

Decision on Review of Article  17.6 of the Agreement on 
Implementation of Article VI of the GATT  1994 
Declaration on Dispute Settlement pursuant to the Agreement 
on Implementation of Article VI of the GATT  1994 or Part V of 
the Agreement on Subsidies and Countervailing  Measures 

Decision Regarding Cases Where Customs  Administrations 
Have Reason to Doubt the Truth or Accuracy of the Declared 
Value 

(xiii) 

Decision on Texts Relating to Minimum Values and Imports by 

Sole Agents, Sole Distributors and Sole  Concessionaires 

(xiv) 

Decision on Institutional Arrangements  for the GATS 

(xv) 

Decision on certain Dispute Settlement Procedures for the 

GATS 

(xvi) 

Decision on Trade in Services and the Environment 

(xvii) 

Decision on Negotiations on Movement of Natural  Persons 

(xviii) 

Decision on Financial  Services 

(xix) 

Decision on Negotiations on Maritime Transport  Services 

(xx) 

Decision on Negotiations on Basic  Telecommunications 

(xxi) 

Decision on Professional  Services 

(xxii) 

(xxiv) 

(xxv) 

(xxvi) 

Decision on Accession to the Agreement  on  Government 
Procurement 
Decision on the Application and Review of the Understanding 
on Rules and Procedures Governing the Settlement of Disputes 
Understanding on Commitments  in Financial  Services 

Decision on the Acceptance of and Accession to the Agreement 
Establishing the WTO 

(xxvii) 

Decision on Trade and Environment 

NDrad/CC-113 Trade Amendment-Adopiion/3.3.98 

13 

(xxviii) 

Decision on Organizational  and Financial  Consequences 
Following from Implementation of the Agreement  Establishing 
the WTO 

(xxix) 

Decision on the Establishment  of the Preparatory Committee  for 
the WTO 

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

(a)  governmental  assistance  to  economic  development  and  the  treatment  of 
developing countries, except for paragraphs (1) to (4) of the Decision  of 28 
November  1979  (L/4903) on  Differential  and  more  Favourable  Treatment, 
Reciprocity and Fuller Participation of Developing Countries; 

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

institutions; 

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

(3)  All  agreements,  arrangements,  decisions,  understandings  or  other joint  action 
pursuant to the provisions listed as not applicable in paragraphs (1) or (2). 

(4)  Trade  in  nuclear  materials  may  be  governed  by  agreements  referred  to  in  the 
Declarations related to this paragraph contained in the Final Act of the European 
Energy Charter  Conference. 

(B)  Rules Governing the Application of Provisions of the WTO Agreement. 

(1) 

In the  absence  of  a  relevant  interpretation  of  the  WTO  Agreement  adopted  by 
the  Ministerial  Conference  or  the  General  Council  of  the  World  Trade 
Organization under paragraph 2 of article DC of the WTO Agreement concerning 
provisions  applicable  under Article 29(2)(a), the Charter  Conference  may  adopt 
an interpretation. 

(2)  Requests  for  waivers  under  Article  29(2)  and  (6)(b)  shall  be  submitted  to  the 
Charter  Conference,  which  shall  follow,  in  carrying  out  these  duties,  the 
procedures of paragraphs 3 and 4 of article DC of the WTO Agreement. 

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

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

(4)  The provisions  of  article  II of the  GATT  1994 which  have  not  been  disapplied 
shall, without prejudice to Article 29(4), (5) and (7), be modified  as follows  : 

(i) All Energy Materials and Products listed in Annex EM II and  Energy-Related 
Equipment  listed  in  Annex  EQ  II  imported  from  or  exported  to  any  other 
Contracting Party shall also be exempt from all other duties or charges of any 
kind  imposed  on or in connection  with  importation  or  exportation,  in  excess 
of those imposed on the date of the standstill referred  to in Article 29(6), first 
sentence, or under Article 29(7), or those directly and mandatorily required to 
be  imposed  thereafter  by  legislation  in  force  in  the  importing  or  exporting 
territory on the date referred  to in Article 29(6), first sentence. 

NO/ad/CC-l 13 Trade AmcDdment-Adopiioa/3.3.98 

14 

(ii)Nothing  in  article  II  of  the  GATT  1994  shall  prevent  any  Contracting  Party 
from imposing at any time on the importation  or exportation  of any product: 

(a)  a  charge  equivalent  to  an  internal  tax  imposed  consistently  with  the 
provisions  of paragraph  2  of  article  III  of  GATT  1994  in  respect  of  the 
like domestic product  or in respect  of an article from which the imported 
product  has been manufactured  or produced  in whole or in part; 

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

provisions of article VI of GATT  1994; 

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

(hi)  No  Contracting  Party  shall alter its method  of determining  dutiable value  or 
of converting currencies so as to impair the value of the standstill  obligations 
provided for in Article 29(6) or (7). 

(iv)  If any  Contracting  Party  establishes,  maintains  or  authorises,  formally  or  in 
effect,  a monopoly  of the importation  or exportation  of any Energy  Material 
or Product  listed in Annex  EM  II or in respect  of Energy-Related  Equipment 
listed  in  EQ  II,  such  monopoly  shall not  operate  so  as to  afford  protection 
on  the  average  in  excess  of  the  amount  of  protection  permitted  by  the 
standstill  obligation  provided  for  in  Article  29(6)  or  (7).  The  provisions  of 
this paragraph  shall not  limit  the  use  by  Contracting  Parties  of  any  form  of 
assistance  to  domestic  producers  permitted  by  other  provisions  of  this 
Treaty. 

(v)  If  any  Contracting  Party  considers  that  a  product  is  not  receiving  from 
another  Contracting  Party  the  treatment  which  the  first  Contracting  Party 
believes to  have been  contemplated  by the  standstill  obligation  provided  for 
in Article 29(6) or (7), it shall bring the matter directly to the attention  of the 
other  Contracting  Party.  If the latter  agrees that  the treatment  contemplated 
was  that  claimed  by  the  first  Contracting  Party,  but  declares  that  such 
treatment  cannot  be accorded  because  a court  or  other  proper  authority  has 
ruled  to  the  effect  that  the  product  involved  cannot  be  classified  under  the 
tariff  laws  of  such  Contracting  Party  so  as  to  permit  the  treatment 
contemplated  in this Treaty,  the  two  Contracting  Parties,  together  with  any 
other  Contracting  Parties  substantially  interested,  shall  enter  promptly  into 
further  negotiations with  a view to  a compensatory adjustment  of the matter. 

(vi)  (a)  The specific  duties and charges included in the Tariff Record relating to 
the  Contracting  Parties  members  of  the  International  Monetary  Fund, 
and margins  of preference  in specific  duties and charges maintained  by 
such  Contracting  Parties,  are  expressed  in  the  appropriate  currency  at 
the  par  value  accepted  or  provisionally  recognized  by the  Fund  at  the 
date of the standstill referred to in Article 29(6), first sentence, or under 
Article  29(7).  Accordingly, 
is  reduced 
consistently  with  the  Articles  of  Agreement  of  the  International 
Monetary  Fund  by more  than  twenty  per  centum,  such  specific  duties 
and charges and margins of preference  may be adjusted  to take  account 
of  such  reduction;  Provided  that  the  Conference  concurs  that  such 
adjustments  will  not  impair  the  value  of  the  standstill  obligation 
provided  for  in  Article  29(6)  or  (7)  or  elsewhere  in  this  Treaty,  due 

in  case  this  par  value 

ND/id/CC-113 Trade Ameodment-Adoplion/3.3.98 

15 

account being taken of all factors which may influence  the need for, or 
urgency of,  such adjustments. 

(b)  Similar provisions  shall apply to any  Contracting  Party not  a member 
of the Fund, as from the date on which such Contracting Party becomes 
a member of the Fund or enters into  a special  exchange  agreement in 
pursuance of Article XV of GATT 1994. 

(vii)Each Contracting Party shall notify the Secretariat of the customs duties and 
charges  of  any  kind  applicable  on the  date  of  the  standstill  referred to  in 
Article 29(6) first sentence. The Secretariat shall keep a Tariff Record of the 
customs  duties  and  charges  of  any  kind  relevant  for  the  purpose  of  the 
standstill  on  customs  duties  and  charges  of  any  kind under  Article  29(6) 
or (7). 

(5)  The Decision of 26 March 1980 on "Introduction of a Loose-Leaf System for the 
Schedules  of Tariff Concessions" (BISD 27S/24)  shall not be applicable under 
Article  29(2)(a).  The  applicable  provisions  of  the  Understanding  on  the 
Interpretation  of  Article  H: 1(b)  of the  GATT  1994  shall,  without  prejudice  to 
Article 29(4), (5) or (7), apply with the following  modifications: 

(i)  In order to ensure transparency of the legal rights and obligations  deriving 
from  paragraph 1(b) of article II of GATT 1994, the nature and level of any 
"other duties or charges" levied on any Energy Materials and Products listed 
in Annex EM II  or Energy-Related Equipment  listed in Annex EQ II with 
respect to their importation or exportation,  as referred to  in that provision, 
shall be recorded  in the Tariff Record at the  levels  applying  at the date  of 
the  standstill  referred  &  in  Article  29(6),  first  sentence,  or  under  Article 
29(7)  respectively,  against  the  tariff  item  to  which  they  apply.  It  is 
understood that such recording does not change the legal character of "other 
duties or charges". 

(ii)  "Other  duties  or  charges"  shall  be  recorded  in  respect  of  all  Energy 
Materials  and  Products  listed  in  Annex  EM  II  and  Energy-Related 
Equipment listed in Annex EQ H. 

(iii) It will  be  open  to  any  Contracting  Party to  challenge  the  existence  of  an 
"other duty or charge", on the ground that no  such "other duty or charge" 
existed  at  the  date  of  the  standstill  referred  to  in  Article  29(6),  first 
sentence,  or the relevant date under Article  29(7), for the  item in question, 
as  well  as  the  consistency  of  the  recorded  level  of  any  "other  duty  or 
charge" with the  standftill  obligation provided  for by Article  29(6)  or (7), 
for a period of one year after the entry into force  of the  Amendment to the 
trade-related provisions  of this Treaty,  adopted by the  Charter  Conference 
on 24 April  1998, or one year after the notification to the  Secretariat of the 
level of customs duties and charges of any kind referred to in Article 29(6), 
first  sentence, or Article 29(7), if that is the later. 

(iv)  The recording  of "other duties  or charges" in the Tariff Record  is without 
prejudice to their consistency with rights and obligations under GATT 1994 
other  than  those  affected  by  sub-paragraph  (iii)  above.  -All  Contracting 
Parties  retain  the right to  challenge,  at  any  time,  the  consistency  of  any 

NtVad/CC-113 Trade Ame»djne*-Adoptioo/3.3.9S 

16 

"other duty or charge" with such obligations. 

(v)  "Other duties or charges" omitted from a notification  to the  Secretariat  shall 
not subsequently be added to it and any "other duty or charge" recorded at a 
level  lower than that prevailing  on the applicable  date  shall  not be  restored 
to that level unless such additions or changes are made within six months of 
the notification  to the Secretariat. 

(6)  Where  the  WTO  Agreement  refers  to  "duties  inscribed  in  the  Schedule"  or  to 
"bound  duties",  there  shall  be  substituted  "the  level  of  customs  duties  and 
charges of any kind permitted under Article 29(4) to (8)". 

(7)  Where  the  WTO  Agreement  specifies  the  date  of  entry  into  force  of the  WTO 
Agreement  (or  an  analogous  phrase)  as  the  reference  date  for  an  action,  there 
shall be  substituted  the  date  of entry into  force  of the Amendment  to the trade-
related provisions of this Treaty adopted by the Charter  Conference  on 24 April 
1998. 

(8)  With  respect  to  notifications  required  by  the  provisions  made  applicable  by 

Article 29(2)(a): 

(a)  Contracting  Parties  which  are  not  members  of  the  WTO  shall  make  their 
notifications  to the  Secretariat. The  Secretariat  shall  circulate  copies  of the 
notifications  to all Contracting Parties. Notifications  to the  Secretariat  shall 
be  in  one  of  the  authentic  languages  of  this  Treaty.  The  accompanying 
documents may be solely in the language of the Contracting Party; 

(b)  such  requirements  shall  not  apply  to  Contracting  Parties  to  this  Treaty 
which  are  also  members  of  the  WTO  which  provides  for  its  own 
notification  requirements. 

(9)  Where Article 29(2)(a)  or (6)(b) applies, the  Charter  Conference  shall carry out 
any applicable  duties  that  the  WTO Agreement  assigned  to the  relevant  bodies 
under the WTO Agreement. 

(10)  (a)  Interpretations  of  the  WTO  Agreement  adopted  by  the  Ministerial 
Conference  or the General Council of the WTO under paragraph 2 of article 
DC of the  WTO  Agreement  insofar  as  they  interpret  provisions  applicable 
under Article 29(2)(a) shall apply. 

(b)  Amendments  to  the  WTO  Agreement  under  article  X  of  the  WTO 
Agreement that  are  binding  on  all  members  of the  WTO  (other  then  those 
under paragraph 9 of article X) insofar  as they amend or relate to provisions 
applicable  under  Article  29(2)(a),  shall  apply  unless  a  Contracting  Party 
requests  the  Charter  Conference  to  disapply  or  modify  such  amendment. 
The  Charter  Conference  shall  take the  decision  by a three-fourths  majority 
of  the  Contracting  Parties  and  determine  the  date  of  the  disapplication  or 
modification  of  such  amendment.  A  request  for  the  disapplication  or 
modification  of such amendment may include  a request that the  application 
of  the  amendment  be  suspended  pending  the  decision  of  the  Charter 
Conference. 

NO/ad/CC-l 13 Trade Amendmest-Adoptioii/3.3.98 

17 

A  request  to  the  Charter  Conference  made  under  this  paragraph  shall  be 
made  within  six  months  of  the  circulation  of  a  notification  from  the 
Secretariat that the amendment has taken effect  under the WTO Agreement. 

(c)  Interpretations,  amendments,  or  new  instruments  adopted  by  the  WTO, 
other than the interpretations  and amendments  applied  under paragraphs (a) 
and (b) shall not apply. 

NDrad/CC-113 Trade Amœdment-Adoptioa/3.3.98 

18 

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

ARTICLE  5 

2. ANNEX EM  H 

ENERGY MATERIALS AND PRODUCTS 
(In accordance with Article  1(4)) 

ND/*d/CC-113 Trade Amendment-Adopuon/3 3.98 

19 

3. ANNEX EQ  I 

LIST OF ENERGY-RELATED  EQUIPMENT 
(In accordance with Article  l(4bis)) 

For  the  purpose  of  this  Annex,  'Ex'  has  been  included  to  indicate  that  the  product 
description  referred  to  does  not  exhaust  the  entire  range  of products  within  the  World 
Customs  Organization  Nomenclature  headings  or the Harmonized  System  codes  listed 
below. 

Ex 39.19 

Self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of 
plastics, whether or not in rolls. 

Ex 3919.10 

-  In rolls of a width not exceeding 20 cm 

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

protection 

Ex 73.04*  Tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) 

or steel. 

7304.10 

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

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

7304.21l 

7304.291 

for oil or gas:1 

-  Drill pipe 

-  Other 

Ex 73.05 

Other tubes and pipes (for example, welded, riveted or similarly closed), 
having circular cross-sections, the external diameter of which exceeds 
406.4 mm, of iron or steel. 

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

7305.11 

7305.12 

7305.19 

-  Longitudinally submerged arc welded 

-  Other, longitudinally welded 

-  Other 

7305.20 

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

Ex 73.06*  Other tubes, pipes and hollow profiles (for example, open seam or 
welded, riveted or similarly closed), of iron or steel. 

7306.10 

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

7306.20 

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

gas 

'  Covered by  7304 20 in the 1992 version. 
*  Except products for use in civil aircraft 

ND/aeVCC-113 Trade Aroendmeni-Adoption/3.3.98 

Z\J 

73.07 

Tube or pipe fittings (for example, couplings, elbows, sleeves), of iron or 
steel. 

Ex 73.08 

Structures (excluding prefabricated buildings of heading No. 94.06) and 
parts of structures (for example, bridges, and bridge-sections, lock-gates, 
towers, lattice masts, roofs, roofing frame-works, doors and windows 
and their frames and thresholds for doors, shutters, balustrades, pillars 
and columns), of iron or steel; plates, rods, angles, shapes, sections, 
tubes and the like, prepared for use in structures, of iron or steel. 

7308.20 

-  Towers and lattice masts 

7308.40 

-  Equipment for scaffolding, shuttering, propping or 

pitpropping 

Ex 7308.90 

-  Other 

-  Parts for oil and gas drilling platforms 

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

compressed or liquefied gas), of iron or steel, of a capacity exceeding 
3001, whether or not lined or heat-insulated, but not fitted with 
mechanical or thermal equipment. 

Ex 7309.00 

-  For liquids 

-  Of a capacity exceeding 1,000,0001, where 
specially designed for strategic oil reserves 

-  Heat insulated 

Ex 73.11 

Containers for compressed or liquefied gas, of iron or steel. 

-  Of more than 1,0001 

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

steel, not electrically insulated. 

Ex 7312.10 

-  Stranded wires, ropes and cables 

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

of a kind used in the energy sector 

Ex 73.26  Other articles of iron or steel. 

Ex 7326.90 

-  Other 

.—  Connectors for optical fibre cables 

*  Except products for use in civil aircraft 

ND/ad/CC-113 Trade Amendmeat-Adoptioo/3.3.98 

21 

Ex 76.13  Aluminium containers for compressed or liquefied gas. 

-  Of more than 1,0001 

Ex 76.14 

Stranded wire, cables, plaited bands and the like, of aluminium, not 
electrically insulated. 

Ex 7614.10 

-  With steel core 

-  Of a kind used in electricity generation, 

transmission and distribution 

Ex 7614.90 

-  Other 

-  Of a kind used in electricity generation, 

transmission and distribution 

Ex 78.06 

Other articles of lead. 

Containers with an anti-radiation lead covering, for the 
transport or storage of highly radioactive materials 

Ex 81.09 

Zirconium and articles thereof, including waste and scrap. 

Ex 8109.90 

-  Other 

—  Cartridges or tubes for nuclear fuel  elements 

Ex 82.07 

Interchangeable tools for hand tools, whether or not power-operated, or 
for machine-tools (for example, for pressing, stamping, punching, 
tapping, threading, drilling, boring, broaching, milling, turning or screw 
driving), including dies for drawing or extruding metal, and rock drilling 
or earth boring tools. 

-  Rock drilling  or earth boring tools: 

8207.132 

8207.19 

-  With working part of cermets 

-  Other, including parts 

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

—  For exclusive use in oil and gas wells 

84.01 

Nuclear reactors; fuel elements (cartridges), non-irradiated, for nuclear 
reactors; machinery and apparatus for isotopic separation. 

2  Covered  by 8207  11 and  12  in the  1992  version. 
*  Except products for  use in civil  aircraft 

ND/ad/CC-113 Trade Amendmejil-Adc-ption/3.3.98 

22 

84.02 

Steam or other vapour generating boilers (other than central heating hot 
water boilers capable also of producing low pressure steam); super 
heated water boilers. 

84.03 

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

84.04 

84.05 

Auxiliary plant for use with boilers of heading No. 84.02 or 84.03 (for 
example, economisers, super-heaters, soot removers, gas recoverers); 
condensers for steam or other vapour power units. 

Producer gas or water gas generators, with or without their purifiers; 
acetylene gas generators and similar water process gas generators, with 
or without their purifiers. 

Ex 84.06 

Steam turbines and other vapour turbines. 

-  Other turbines3: 

8406.813 

8406.823 

-  Of an output exceeding 40 MW 

-  Of an output not exceeding 40 MW 

8406.90 

-  Parts 

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

semi-diesel engines). 

Ex 8408.90 

-  Other engines 

~  New, of a power exceeding 50 kW 

Ex 84.09 

Parts suitable for use solely or principally with the engines of heading 
No. 84.07 or 84.08. 

8409.99 

-  Other 

84.10 

Hydraulic turbines, water wheels, and regulators therefor. 

84.11 * 

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

84.13 * 

Pumps for liquids, whether or not fitted with a measuring device; liquids 
elevators. 

3 Covered by 840619  in the 1992 version. 
*  Except products for use in civil aircraft 

NO/ad/CC-l 13 Trade Ameadmeu-Adoption/3.3.98 

2.5 

Ex 84.14*  Air or vacuum pumps, air or other gas compressors and fans; ventilating 
or recycling hoods incorporating a fan, whether or not fitted with filters. 

-  Fans: 

Ex 8414.59 

-  Other 

— For use in naming and power plants 

8414.80 

-  Other 

8414.90 

-  Parts 

84.16 

Furnace burners for liquid fuel, for pulverised solid fuel or for gas; 
mechanical stokers, including their mechanical grates, mechanical ash 
dischargers and similar appliances. 

Ex 84.17 

Industrial or laboratory furnaces  and ovens, including incinerators, non 
electric. 

Ex 8417.80 

-  Other 

Exclusively waste incinerators, laboratory  furnaces 
and ovens and uranium sintering ovens 

Ex 8417.90 

-  Parts 

— Exclusively for waste incinerators, laboratory 

furnaces  and ovens and uranium sintering ovens 

Ex 84.18*  Refrigerators,  freezers, and other refrigerating  or freezing  equipment, 
electric or other; heat pumps other than air conditioning machines of 
heading No.  84.15. 

-  Other refrigerating or freezing equipment; heat pumps: 

8418.61 

-  Compression type units whose condensers are heat 

exchangers 

8418.69 

-  Other 

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

heated, for the treatment of materials by a process involving a change of 
temperature such as heating, cooking, roasting, distilling,  rectifying, 
sterilising, pasteurising, steaming, drying, evaporating, vapourising, 
condensing or cooling, other than machinery or plant of a kind used for 
domestic purposes; instantaneous or storage water heaters, non-electric. 

8419.50 

-  Heat exchange units 

8419.60 

-  Machinery for liquefying  air or other gases 

*  Except products for use in civil  aircraft 

ND/ad/CC-113 Trade Amendnjenl-AdopOoo/3.3.98 

24 

-  Other machinery, plant and equipment: 

8419.89 

-  Other 

Ex 84.21 *  Centrifuges, including œntrifùgal dryers; filtering or purifying 
machinery and apparatus, for liquids and gases. 

-  Filtering or purifying  machinery and apparatus  for 

liquids: 

8421.21 

-  For filtering or purifying water 

-  Filtering or purifying  machinery and apparatus for 

gases: 

8421.39 

-  Other 

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

jacks. 

8425.20 

-  Pit-head winding gear; winches specially designed for 

use underground 

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

straddle carriers and works trucks fitted with a crane. 

Ex 8426.20 

-  Tower cranes 

-  For offshore platforms and onshore rigs 

-  Other machinery: 

Ex 8426.91 

-  Designed for mounting on road vehicles 

— Lifting equipment for repairing and completion 

J 

of wells 

Ex 84.29 

Self-propelled bulldozers, angledozers, graders, levellers, scrapers, 
mechanical shovels, excavators, shovel loaders, tamping machines and 
road rollers. 

-  Mechanical shovels, excavators and shovel loaders: 

Ex 8429.51 

-  Front-end shovel loaders 

~  Loaders specially designed for underground use 

Ex 84.30 

Other moving, grading, levelling, scraping, excavating, tamping, 
compacting, extracting or boring machinery, for earth, minerals or ores; 
pile-drivers and pile-extractors; snow-ploughs anti snow-blowers. 

-  Coal or rock cutters and tunnelling machinery: 

Except products for use in civil  aircraft 

ND/id/CC-l 13 Trade Ameodmcnt-Adoption/3.3.»* 

25 

8430.31 

8430.39 

-  Self-propelled 

-  Other 

-  Other boring or sinking machinery: 

Ex 8430.41 

-  Self-propelled 

-  For the discovery or exploitation of deposits of 

oil and gas 

Ex 8430.49 

-  Other 

For the discovery or exploitation of deposits of 
oil and gas 

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

Nos.  84.25 to 84.30. 

— Only for machinery covered 

84.71 * 

^Automatic data processing machines and units thereof; magnetic or 
optical readers, machines for transcribing data onto data media in coded 
form and machines for processing such data, not elsewhere specified or 
included. 

Ex 84.74  Machinery for sorting, screening, separating, washing, crushing, 
grinding, mixing or kneading earth, stone, ores or other mineral 
substances, in solid (including powder of paste) form; machinery for 
agglomerating, shaping or moulding solid mineral fuels, ceramic paste, 
unhardened cements, plastering materials or other mineral products in 
powder or paste form; machines for forming foundry moulds of sand. 

8474.10 

-  Sorting, screening, separating or washing machines 

8474.20 

-  Crushing or grinding machines 

Ex 8474.90 

-  Parts 

— Of cast iron or cast steel 

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

specified or included elsewhere in this Chapter4. 

-  Other machines and mechanical appliances: 

Ex 8479.89 

-  Other 

* 

— Mobile hydraulic powered mine roof support 

4  Chapter  84 
*  Except products for use in civil  aircraft 

ND/ad/CC-l 13 Trade Amendjnew-Adopd«W3.3.9$ 

26 

Ex 84.81 

Taps, cocks, valves and similar appliances for pipes, boiler shells, tanks, 
vats or the like, including pressure-reducing valves and thermostatically 
controlled valves. 

8481.10 

-  Pressure-reducing valves 

8481.20 

-  Valves for oleohydraulic or pneumatic transmissions 

8481.40 

-  Safety or relief valves 

8481.80 

-  Other appliances 

8481.90 

-  Parts 

Ex 84.83 

Transmission shafts (including cam shafts and crank shafts) and cranks; 
bearing housings and plain shaft bearings; gears and gearing; ball or 
roller screws; gear boxes and other speed changers, including torque 
converters; flywheels and pulleys, including pulley blocks; clutches and 
shaft couplings (including universal joints). 

Ex 8483.40 

-  Gears and gearing, other than toothed wheels, chain 
sprockets and other transmission elements presented 
separately; ball or roller screws; gear boxes and other 
speed changers, including torque converters 

—  Transmission elements exclusively for use in sucker 

rod pumping units in the oil and gas industry 

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

material or of two or more layers of metal; sets or assortments of gaskets 
and similar joints, dissimilar in composition, put up in pouches, 
envelopes or similar packings; mechanical seals. 

8484.10 

-  Gaskets and similar joints of metal sheeting combined 
with other material or of two or more layers of metal 

8484.205 

-  Mechanical seals 

85.01 * 

Electric motors and generators (excluding generating sets). 

85.02* 

Electric generating sets and rotary converters. 

85.03 * 

Parts suitable for use solely or principally with the machines of heading 
No. 85.01 or 85.02. 

Ex 85.04*  Electrical transformers, static converters (for example, rectifiers) and 

inductors. 

5 Not covered by separate subheading  in the 1992 version. 
*  Except  products  for use in civil  aircraft 

ND/ad/CC-113 Trade AmendmaU-AdopOoo/3.3.98 

Z  I 

-  Liquid dielectric transformers: 

8504.21 

-  Having a power handling capacity not exceeding 

650 kVA 

8504.22 

-  Having a power handling capacity exceeding 650 

kVA but not exceeding 10,000 kVA  • 

8504.23 

-  Having a power handling capacity exceeding 

10,000 kVA 

-  Other transformers: 

8504.33 

-  Having a power handling capacity exceeding 16 

8504.34 

-  Having a power handling capacity exceeding 500 

kVA but not exceeding 500 kVA 

kVA 

8504.40 

-  Static converters 

8504.50 

-  Other inductors 

8504.90 

-  Parts 

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

rectangular (including square). 

—  Excluding the use for non-energy sectors 

85.14 

Industrial or laboratory electric (including induction or dielectric) 
furnaces  and ovens; other industrial or laboratory induction or dielectric 
heating equipment. 

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

control apparatus. 

8526.10 

-  Radar apparatus 

-  Other: 

8526.91 

-  Radio navigational aid apparatus 

85.31* 

Electric sound or visual signalling apparatus (for example bells, sirens, 
indicator panels, burglar or fire alarms), other than those of heading 
No. 85.12 or 85.30. 

Ex 85.32 

Electrical capacitors, fixed, variable or adjustable  (pre-set). 

8532.10 

-  Fixed capacitors designed for use in 50/60 Hz circuits 
and having a reactive power handling capacity of not 
less than 0.5 kvar (power capacitors) 

*  Except products for  use in civil  aircraft 

ND/ad/CC-113 Trade Anieodmeol-Adoption/3.3.98 

L  O 

85.35 

85.36 

Electrical apparatus for switching or protecting electrical circuits, or for 
making connections to or in electrical circuits (for example, switches, 
fuses, lightning arresters, voltage limiters, surge suppressors, plugs, 
junction boxes), for a voltage exceeding  1,000 volts. 

Electrical apparatus for switching or protecting electrical circuits, or for 
making connections to or in electrical circuits (for example, switches, 
relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction 
boxes), for a voltage not exceeding  1,000 volts. 

Ex 8536.10 

-  Fuses 

— Exceeding 63 ampere 

Ex 8536.20 

-  Automatic circuit breakers 

— Exceeding 63 ampere 

Ex 8536.30 

-  Other apparatus for protecting electrical circuits 

— Exceeding  16 ampere 

-  Relays: 

8536.41 

8536.49 

-  For a voltage not exceeding 60 V 

-  Other 

Ex 8536.50 

-  Other switches 

— For a voltage exceeding 60 V 

85.37 

Boards, panels, consoles, desks, cabinets and other bases, equipped with 
two or more apparatus of heading No.  85.35 or 85.36, for electric control 
or the  distribution of electricity, including those incorporating 
instruments or apparatus of Chapter 90, and  numerical control apparatus, 
other than switching apparatus of heading No.  85.17. 

85.38 

Parts suitable for use solely or principally with the apparatus of heading 
No.  85.35, 85.36 or 85.37. 

Ex 85.41 

Diodes, transistors and similar semiconductor devices; photosensitive 
semiconductor devices, including photovoltaic cells whether or not 
assembled in modules or made up into panels; light emitting diodes; 
mounted piezo-electric crystals. 

Ex 8541.40 

-  Photosensitive semiconductor devices, including 
photovoltaic cells whether or not assembled in 
modules or made up into panels; light emitting diodes 

*  Except products for use in civil aircraft 

ND/ad/CC-113 Trade Ajnendmeni-Adopiioo/3.3.9S 

2  9 

Photosensitive semiconductor devices, including 
photovoltaic cells whether or not assembled in 
modules or made up into panels 

Ex 85.44 

Insulated (including enamelled or anodised) wire, cable (including co 
axial cable) and other insulated electric conductors, whether or not fitted 
with connectors; optical fibre cables, made up of individually sheathed 
fibres, whether or not assembled with electric conductors or fitted with 
connectors. 

8544.60 

-  Other electric conductors, for a voltage exceeding 

1,000 V 

8544.70 

-  Optical fibre cables 

Ex 85.45 

Carbon electrodes, carbon brushes, lamp carbons, battery carbons and 
other articles of graphite or other carbon, with or without metal, of a kind 
used for electrical purposes. 

8545.20 

-  Brushes 

85.46 

Electrical insulators of any material. 

85.47 

Insulating fittings for electrical machines, appliances or equipment, 
being fittings wholly of insulating material apart from any minor 
components of metal (for example, threaded sockets) incorporated 
during moulding solely for purposes of assembly, other than insulators of 
heading No. 85.46; electrical conduit tubing and joints therefor,  of base 
metal lined with insulating material. 

Ex 87.04  Motor vehicles for the transport of goods. 

-  Other, with compression-ignition internal combustion 

piston engine (diesel or semi-diesel): 

Ex 8704.21 

-  g.v.w. not exceeding 5 tonnes 

— Specially designed for the transport of highly 

radioactive materials 

Ex 8704.22 

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

tonnes 

— Specially designed for the transport of highly 

radioactive materials 

Ex 8704.23 

-  g.v.w. exceeding 20 tonnes 

— Specially designed for the transport of highly 

radioactive materials 

*  Except products for use in civil  aircraft 

ND/ad/CC-113 Trade Amendmeni-Adoption/3.3.98 

3  U 

-  Other, with spark-ignition internal combustion piston 

engine: 

Ex 8704.31 

-  g.v.w. not exceeding 5 tonnes 

— Specially designed for the transport of highly 

radioactive materials 

Ex 8704.32 

-  g.v.w. exceeding 5 tonnes 

--  Specially designed for the transport of highly 

radioactive materials 

Ex 87.05 

Special purpose motor vehicles, other than those principally designed for 
the transport of persons or goods (for example, breakdown lorries, crane 
lorries, fire fighting vehicles, concrete-mixer lorries, road sweeper 
lorries, spraying lorries, mobile workshops, mobile radiological units). 

8705.20 

-  Mobile drilling derricks 

Ex 87.09  Works trucks, self-propelled, not fitted with lifting or handling 

equipment, of the type used in factories, warehouses, dock areas or 
airports for short distance transport of goods; tractors of the type used on 
railway station platforms; parts of the foregoing vehicles. 

-  Vehicles: 

Ex 8709.11 

-  Electrical 

— Specially designed for the transport of highly 

radioactive materials 

Ex 8709.19 

-  Other 

— Specially designed for the transport of highly 

radioactive materials 

Ex 89.05 

Light-vessels, fire-floats, dredgers, floating cranes, and other vessels the 
navigability of which is subsidiary to their main function; floating docks; 
floating  or submersible drilling or production platforms. 

8905.20 

-  Floating or submersible drilling or production 

platforms 

Ex 90.15 

Surveying (including photogrammetrical surveying), hydrographie, 
océanographie, hydrological, meteorological or geophysical instruments 
and appliances, excluding compasses; rangefinders. 

Ex 9015.80 

-  Other instruments and appliances 

— Geophysical instruments only 

9015.90 

-  Parts and accessories 

*  Except products for use in civil  aircraft 

NO/ad/CC-113 Trade Amendaieol-Adoplioa/3.3.9S 

J  1 

Ex 90.26* 

Instruments and apparatus for measuring or checking the flow, level, 
pressure or other variables of liquids or gases (for example, flow meters, 
level gauges, manometers, heat meters), excluding instruments and 
apparatus of heading No.  90.14, 90.15, 90.28 or 90.32. 

— Except for use in the water distribution industry 

90.27 

Instruments and apparatus for physical or chemical analysis (for example 
polarimeters, refractometers,  spectrometers, gas or smoke analysis 
apparatus); instruments and apparatus for measuring or checking 
viscosity, porosity, expansion, surface tension or the like; instruments 
and apparatus for measuring or checking quantities of heat, sound or 
light (including exposure meters); microtomes. 

90.28 

Gas, liquid or electricity supply or production meters, including 
calibrating meters therefor. 

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

pedometers and the like; speed indicators and tachometers, other than 
those of heading No.  90.14 or 90.15; stroboscopes. 

Ex 9029.10 

-  Revolution counters, production counters, taximeters, 

mileometers, pedometers and the like 

— Production counters 

Ex 9029.90 

-  Parts and accessories 

~  For production counters 

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

for measuring or checking electrical quantities, excluding meters of 
heading No.  90.28; instruments and apparatus for measuring or detecting 
alpha, beta, gamma, X-ray, cosmic or other ionising radiations. 

Ex 9030.10 

-  Instruments and apparatus for measuring or detecting 

ionising radiations 

— For use in the energy sector 

-  Other instruments and apparatus, for measuring or 

checking voltage, current, resistance or power, without 
a recording device: 

9030.31 

9030.39 

-  Multimeters 

-  Other 

-  Other instruments and apparatus: 

*  Except products for use in civil aircraft 

ND/ad/CC-113 Trade Ameadment-Adof>tiocv3.3.98 

3  2 

Ex 9030.836 

-  Other, with a recording device 

--  For use in the energy sector 

Ex 9030.89 

-  Other 

— For use in the energy sector 

Ex 9030.90 

-  Parts and accessories 

~  For use in the energy sector 

90.32* 

Automatic regulating or controlling instruments and apparatus. 

6  Covered  by  9030  81  in the  1992  version 
*  Except products for use in civil  aircraft 

ND/ad/CC-l 13 Trade Amendnient-Adoption/3.3.98 

33 

4. ANNEX  EQII 

LIST OF ENERGY-RELATED EQUIPMENT 
(In accordance with Article  l(4bis)) 

ND/ad/CC-l 13 Trade Amendment-Adopùoii/3.3.9S 

34 

14. ANNEX BR 

LIST  OF  CONTRACTING  PARTIES  WHICH  SHALL  NOT  INCREASE  ANY 
CUSTOMS  DUTY  OR  OTHER  CHARGE  ABOVE  THE  LEVEL  RESULTING 
FROM  THEIR  COMMITMENTS  OR  ANY  PROVISIONS  APPLICABLE  TO 
THEM UNDER THE WTO AGREEMENT. 

(In accordance with Article 29 (7)) 

ND/id/CC-l 13 Trade Amendment-Adopùou/3.3.98 

35 

15. ANNEX  BRQ 

LIST  OF  CONTRACTING  PARTIES  WHICH  SHALL  NOT  INCREASE  ANY 
CUSTOMS  DUTY  OR  OTHER  CHARGE  ABOVE  THE  LEVEL  RESULTING 
FROM  THEIR  COMMITMENTS  OR  ANY  PROVISIONS  APPLICABLE  TO 
THEM UNDER THE WTO AGREEMENT . 

(In accordance with Article 29 (7)) 

ND/ad/CC-113 Trade Amendinent-Adoption/3.3.98 

36 

ARTICLE 6 

PROVISIONAL  APPLICATION 

(1)  Each  signatory  which  applies  the  Energy  Charter  Treaty  provisionally  in 
accordance  with  Article  45(1)  and  each  Contracting  Party  agrees  to  apply  this 
Amendment  provisionally  pending  its  entry  into  force  for  such  signatory  or 
Contracting  Party  to  the  extent  that  such  provisional  application 
is  not 
inconsistent with its constitution, laws or regulations. 

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

(i)  any  signatory  which  applies  the  Energy  Charter  Treaty  provisionally  or 
Contracting Party may deliver to the Depositary within 90 days from  the 
date  of  the  adoption  of  this  Amendment  by  the  Charter  Conference  a 
declaration that it is not able to accept the provisional application  of this 
Amendment; 

(ii)  any  signatory  which  does  not  apply  the  Energy  Charter  Treaty 
provisionally  in  accordance  with  Article  45(2)  may  deliver  to  the 
Depositary  not  later  than  the  date  on  which  it  becomes  a  Contracting 
Party  or  begins  to  apply the  Treaty  provisionally  a  declaration  that  it  is 
not able to accept the provisional application of this Amendment. 

The  obligation  contained  in  paragraph  (1)  shall  not  apply  to  a  signatory  or 
Contracting  Party  making  such  a  declaration.  Any  such  signatory  or 
Contracting  Party  may  at  any  time  withdraw  that  declaration  by  written 
notification  to the Depositary. 

(b)  Neither  a  signatory  or  Contracting  Party  which  makes  a  declaration  in 
accordance  with  subparagraph  (a)  nor  Investors  of  that  signatory  or 
Contracting  Party  may  claim  the  benefits  of  provisional  application  under 
paragraph (1). 

(3)  Any  signatory  or  Contracting  Party  may terminate  its  provisional  application  of 
this  Amendment  by written  notification  to  the  Depositary  of  its  intention  not  to 
ratify,  accept or approve this Amendment. Termination  of provisional  application 
for  any signatory  or Contracting Party shall take  effect  upon the  expiration  of  60 
days  from  the  date  on  which  such  signatory's  or  Contracting  Party's  written 
notification  is  received  by  the  Depositary.  Any  signatory  which  terminates  its 
provisional  application  of the  Energy  Charter  Treaty  in  accordance  with  Article 
45(3)(a)  shall  be considered  as also having terminated  its provisional  application 
of this Amendment with the same date of  effect. 

ND/ad/CC-113 Trade Ajncadmcnt-Adopcna/3 J.9S 

37 

ARTICLE? 

STATUS OF THE DECISION 

The Decision adopted in connection with the adoption of this Amendment is an 
integral part of the Energy Charter Treaty. 

ND/id/CC-l 13 Trade Ameadmcnt-Adoptioo/3.3.98 

38 

DECISION IN CONNECTION WITH THE ADOPTION OF THE 
AMENDMENT TO THE TRADE-RELATED PROVISIONS OF THE 
ENERGY CHARTER TREATY ADOPTED ON 24 APRIL 1998 

A  signatory  which  does  not  apply  the  Amendment  adopted  on  24  April  1998 
provisionally may at the time that it takes action to apply that Amendment, whether on 
a definitive or a provisional basis, notify the Secretariat in writing that until it is listed 
in  Annexes  BR  and  BRQ,  it  will  apply  the  Amendment  as  if  all  items  of  Energy 
Materials  and  Products  and  of Energy-Related  Equipment  continued  to  be  listed  in 
Annexes EM I and EQ I. 

The Amendment shall apply accordingly to such a signatory. 

Any signatory may at any time withdraw the notification  referred  to above in writing 
to the Secretariat. 

NOad/CC-113 Trade Amendment-Adoptioii/3.3.98 

39 

UNDERSTANDINGS 

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

Notwithstanding  the  listing of paragraph  6 of article XXIV  of the GATT  1994 in 
Annex W (A)(l)(a)(i), any signatory affected  by an increase  in customs  duties or 
other  charges  of  any  kind  imposed  on  or  in  connection  with  importation  or 
exportation  referred  to  in the  first  sentence  of  that  paragraph,  is  entitled  to  seek 
consultations in the Charter  Conference. 

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

In the case  of a signatory, not a member  of the  WTO, which  is listed  in Annexes 
BR  or  BRQ  or  both,  any  concession  offered  formally  in  the  process  of  its 
accession  to  the  WTO  with  respect  to  Energy  Materials  or  Products  listed  in 
Annex  EM  II or  Energy-Related  Equipment  listed  in Annex  EQ  II  shall,  for  the 
purpose of this Article, be regarded as a commitment under the WTO. 

3.  Understanding with respect to Articles 29(6) and (7) and 34(3X0): 

The  Charter  Conference  shall  conduct  an  annual  review  with  respect  to  any 
possibility of moving  items of Energy Materials  and Products  or  Energy-Related 
Equipment from Annexes EM I or EQ I to Annexes EM II or EQ H. 

ND/id/CC-l 13 Trade Ameodment-Adopcioa/3.3.98 

40 

JOINT DECLARATION ON TRADE-RELATED  INTELLECTUAL 
PROPERTY  RIGHTS 

Signatories  confirm  their  commitment  to provide  effective  protection  of  intellectual 
property rights following the highest international  standards. 

Intellectual  property  rights  include  for  the  purpose  of  this  Declaration  in  particular 
copyright  and  related  rights  (including  computer  programmes  and  data  bases), 
trademarks, 
of 
patents, 
semiconductor products and undisclosed  information. 

topographies 

geographical 

indications, 

designs, 

NO/aaVCC-113 Trade Amcndineoi-Adopuoo/3.3.98 

41 

ISSN 0254-1475 

COM(98) 267  final 

DOCUMENTS 

EN 

10  12  14 

Catalogue  number  :  CB-CO-98-282-EN-C 

ISBN  92-78-35451-1 

Office  for  Official  Publications  of the European  Communities 

L-2985  Luxembourg 

4-2-