Source: EURLEX
Language: en
Format: md

**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. 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.

2. The European Connnunities and their Member States have been applying the
ECT provisionally by virtue of Council Decisions 94/998/EC [0)] and
94/1067/Euratom^ since the day of signature thereof (17 December 1994).

3. 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

**(D** **Text published in** **O.J.** **No. L69,** **9.3.1998**

**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.**

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

**6.** **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"**

**7.** **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**

## **_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.**

**8.** **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**
**and the Energy** **Charter Protocol on energy** **efficiency** **and related**
**environmental** **aspects** **[(4)]** **applies to the position which the European Cornmunity**
**will take with regard to the Trade Amendment in the Energy Charter**
**Conference.**

**9.** **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.**

**10.** **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.**

**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**
**subsequent** **approval,** **and** **its** **provisional** **application.**

**(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.** **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.**

**2.** **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
### **ND/id/CC-l 13 Trade Ammdmau-Adoption/3.3 98 t**

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 EnergyRelated 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** **Amcmdum-Adopùoa/3.3.98**

ARTICLE 2

The Treaty shall be amended as follows:

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 EnergyRelated 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 subparagraph "(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 GAIT' 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 nongovernmental 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

II Schedules of Concessions, paragraphs (l)(a),(l )(b, 1st
sentence), (l)(c) and (7)
IV Special Provisions relating to Cinematographic Films
XV Exchange Arrangements
XVDI Governmental Assistance to Economic Development
XXII Consultation

XXm Nullification and Impairment
XXIV Customs Unions and Free-Trade Areas, paragraph 6
XXV Joint Action by the Contracting Parties
XXVI Acceptance, Entry into Force and Registration
XXVII Withholding or Withdrawal of Concessions
XXVTH Modification of Schedules

XXVm bis Tariff Negotiations
XXDC The Relation of this Agreement to the Havana Charter
XXX Amendments

XXXI Withdrawal

XXXII Contracting Parties
XXXm Accession

XXXV Non-application of the Agreement between Particular
Contracting Parties
XXXVI Principles and Objectives
XXXVII Commitments

XXXVm Joint Action

Annex H Relating to Article XXVI

**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 Date of incorporation of other duties and charges into
the schedule

4 Challenges, (1st sentence only)
6 Dispute settlement
8 Supersession of BISD 27S/24

Understanding on the Interpretation of Article XVII of the GATT 1994

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

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

5 Committee on Balance-of-Payments Restrictions, except
last sentence

7 Review by the Committee, the phrase "or under
paragraph 12(b) of Article XVIH"
8 Simplified consultation procedures
13 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

(ii) Agreement on Agriculture

(iii) Agreement on the Application of Sanitary and Phytosanitary

Measures

(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
Members .... interest to them."

10.9 Information about technical regulations, standards and
certification systems (languages)
11 Technical assistance to other Parties

12 Special and differential treatment of developing
countries

13 The Committee on Technical Barriers to Trade

14 Consultation and Dispute Settlement
15 Final Provisions (other than 15.2 and 15.5)
Annex 2 Technical Expert Groups

(vi) Agreement on Trade-Related Investment Measures

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

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

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

Preamble, paragraph 2, the phrase "and to secure additional
benefits for the international trade of developing
countries"

14 Application of Annexes (second sentence except as far
as it refers to Annex HI paragraphs 6 and 7)
18 Institutions (Committee on Customs Valuation)
19 Consultation and Dispute Settlement
20 Special and differential treatment of developing
countries

21 Reservations

23 Review

24 Secretariat

Annex II Technical Committee on Customs Valuation

Annex III Extra Provisions (except paragraphs 6 and 7 )

(ix) Agreement on Preshipment Inspection

Preamble, paragraphs 2 and 3
3.3 Technical Assistance

6 Review

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

10

7 Consultation

8 Dispute Settlement

(x) Agreement on Rules of Origin

Preamble, 8th indent

4 Institutions

6 Review

7 Consultation

8 Dispute Settlement
9 Harmonization of Rules of Origin
Annex I Technical Committee on Rules of Origin

(xi) Agreement on Import Licensing Procedures

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

6 Consultations and Dispute Settlement
7 Review (except paragraph 3)
8 Final provisions (except paragraph 2)

(xii) Agreement on Subsidies and Countervailing Measures

4 Remedies (except paragraphs 4.1, 4.2 and 4.3)
5 Adverse Effects, last sentence
6 Serious Prejudice (paragraphs _6.6,_ the phrases "subject
to the provisions of paragraph 3 of Annex V" and
"arising under Article 7, and to the panel established
pursuant to paragraph 4 of Article 7", 6.8 the phrase

", including information submitted in accordance with
the provisions of Annex V" and 6.9)
7 Remedies (except paragraphs 7.1, 7.2 and 7.3)
8 Identification of Non-Actionable Subsidies, paragraph
8.5 and Footnote 25

9 Consultations and Authorised Remedies

24 Committee on Subsidies and Countervailing Measures
and Subsidiary Bodies
26 Surveillance

27 Special and Differential Treatment of Developing
Country Members
29 Transformation into Market Economy, paragraph 29.2
(except first sentence)
30 Dispute Settlement
31 Provisional Application
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 Developing Country Members

12 Notification and Consultation, paragraph 10
13 Surveillance

14 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) Agreement on Trade in Civil Aircraft

(ii) Agreement on Government Procurement

(g) Ministerial Decisions, Declarations and Understanding:

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

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

Greater Coherence in Global Economic Policy Making

(iii) Decision on Notification Procedures

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

(v) Decision on Measures Concerning the Possible Negative Effects
of the Reform Programme on Least-Developed and Net FoodImporting Developing Countries

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

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

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

12

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

Information System

(ix) Decision on Anti-Circumvention

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

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

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

Sole Agents, Sole Distributors and Sole Concessionaires

(xiv) Decision on Institutional Arrangements for the GATS

(xv) Decision on certain Dispute Settlement Procedures for the

GATS

(xvi) Decision on Trade in Services and the Environment

(xvii) Decision on Negotiations on Movement of Natural Persons

(xviii) Decision on Financial Services

(xix) Decision on Negotiations on Maritime Transport Services

(xx) Decision on Negotiations on Basic Telecommunications

(xxi) Decision on Professional Services

(xxii) Decision on Accession to the Agreement on Government

Procurement

(xxiv) Decision on the Application and Review of the Understanding
on Rules and Procedures Governing the Settlement of Disputes
(xxv) Understanding on Commitments in Financial Services

(xxvi) Decision on the Acceptance of and Accession to the Agreement
Establishing the WTO

(xxvii) Decision on Trade and Environment

**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, in case this par value is reduced
consistently with the Articles of Agreement of the International
Monetary Fund by more than twenty per centum, such 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

**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 traderelated 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

ARTICLE 5

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

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
for oil or gas: [1 ]

7304.21 _[l]_       - Drill pipe

7304.29 [1]       - 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       - Longitudinally submerged arc welded

7305.12        - Other, longitudinally welded

7305.19        - Other

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

Ex 73.06* Other tubes, pipes and hollow 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** **2 1**

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:

8207.13 [2]       - With working part of cermets

8207.19        - 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** **2 2**

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

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

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

**84.05** **Producer gas** **or** **water gas generators, with or without their 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** **turbines** **[3]** **:**

**8406.81** **[3]** **-** **Of an output exceeding 40** **MW**

**8406.82** **[3]** **-** **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, nonelectric.

Ex 8417.80        - Other

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

Ex 8417.90       - Parts

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

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

_**J**_

_—_
Lifting equipment for repairing and completion
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        - Self-propelled

8430.39        - Other

               - Other boring or sinking machinery:

Ex 8430.41       - Self-propelled

                   - For the discovery or exploitation of deposits of
oil and gas

Ex 8430.49       - Other

For the discovery or exploitation of deposits of
oil and gas

Ex 84.31 * Parts suitable for use solely or principally with the machinery of heading
Nos. 84.25 to 84.30.

— Only for machinery covered

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

optical readers, machines for transcribing data onto data media in coded
form and machines for processing such data, not elsewhere 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 Chapter [4] .

              - 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

8484.20 [5]       - 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

kVA but not exceeding 500 kVA
8504.34        - Having a power handling capacity exceeding 500

kVA

8504.40        - Static converters

8504.50        - Other inductors

8504.90        - Parts

Ex 85.07* Electric accumulators, including separators therefor, whether or not
rectangular (including square).

—
Excluding the use for non-energy sectors

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

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

8526.10        - Radar apparatus

              - Other:

8526.91        - Radio navigational aid apparatus

85.31* Electric sound or visual signalling apparatus (for example bells, sirens,
indicator panels, burglar or 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** **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.**

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

**Ex 8536.10** **- Fuses**

**—**
**Exceeding 63 ampere**

**Ex 8536.20** **- Automatic circuit breakers**

**—**
**Exceeding 63 ampere**

**Ex 8536.30** **- Other apparatus for protecting electrical circuits**

**—**
**Exceeding 16 ampere**

**- Relays:**

**8536.41** **- For** **a** **voltage not exceeding 60 V**

**8536.49** **- Other**

**Ex 8536.50** **- Other switches**

**— For** **a** **voltage exceeding 60 V**

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

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

**Ex** **85.41** **Diodes, transistors and similar semiconductor** **devices;** **photosensitive**
**semiconductor devices, including photovoltaic cells whether** **or** **not**
**assembled in modules** **or** **made up into** **panels;** **light emitting diodes;**
**mounted** **piezo-electric** **crystals.**

**Ex** **8541.40** **- Photosensitive semiconductor devices, including**
**photovoltaic cells whether** **or** **not assembled in**
**modules or made up into panels; light emitting diodes**

- 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 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 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        - Multimeters

9030.39       - 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 9030.83 [6]        - 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, geographical indications, patents, designs, topographies of
semiconductor products and undisclosed information.

**NO/aaVCC-113** **Trade** **Amcndineoi-Adopuoo/3.3.98**

41

ISSN 0254-1475

#### COM(98) 267 final

# DOCUMENTS

###### E N 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-**