CELEX: 21994A1231(53)
Language: en
Date: 1994-12-17 00:00:00
Title: Final Act of the Conference on the European Energy Charter - Annex 3: Energy Charter Protocol on energy efficiency and related environmental aspects

Avis juridique important

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21994A1231(53)

Final Act of the Conference on the European Energy Charter - Annex 3: Energy Charter Protocol on energy efficiency and related environmental aspects  

Official Journal L 380 , 31/12/1994 P. 0091 - 0112 Finnish special edition: Chapter 12 Volume 3 P. 0139  Swedish special edition: Chapter 12 Volume 3 P. 0139  L 069 09/03/1998 P. 0093

ANNEX 3ENERGY CHARTER PROTOCOL on energy efficiency and  related environmental aspects PREAMBLETHE CONTRACTING PARTIES to this Protocol, Having regard to the European Energy Charter adopted in the Concluding Document of the Hague  Conference on the European Energy Charter, signed at The Hague on 17 December 1991; and in  particular to the declarations therein that cooperation is necessary in the field of energy  efficiency and related environmental protection, Having regard also to the Energy Charter Treaty, opened for signature from 17 December 1994 to 16  June 1995, Mindful of the work undertaken by international organizations and fora in the field of energy  efficiency and environmental aspects of the energy cycle; Aware of the improvements in supply security, and of the significant economic and environmental  gains, which result from the implementation of cost-effective energy efficiency measures; and aware  of their importance for restructuring economies and improving living standards; Recognizing that improvements in energy efficiency reduce negative environmental consequences of  the energy cycle including global warming and acidification; Convinced that energy prices should reflect as far as possible a competitive market, ensuring  market-oriented price formation, including fuller reflection of environmental costs and benefits,  and recognizing that such price formation is vital to progress in energy efficiency and associated  environmental protection; Appreciating the vital role of the private sector including small and medium-sized enterprises in  promoting and implementing energy efficiency measures, and intent on ensuring a favourable  institutional framework for economically viable investment in energy efficiency; Recognizing that commercial forms of cooperation may need to be complemented by intergovernmental  cooperation, particularly in the area of energy policy formulation and analysis as well as in other  areas which are essential to the enhancement of energy efficiency but not suitable for private  funding; andDesiring to undertake cooperative and coordinated action in the field of energy  efficiency and related environmental protection and to adopt a Protocol providing a framework for  using energy as economically and efficiently as possible, HAVE AGREED AS FOLLOWS: PART I INTRODUCTION Article 1 Scope and objectives of the Protocol1.  This  Protocol defines policy principles for the promotion of energy efficiency as a considerable source  of energy and for consequently reducing adverse environmental impacts of energy systems. It  furthermore provides guidance on the development of energy efficiency programmes, indicates areas  of cooperation and provides a framework for the development of cooperative and coordinated action.  Such action may include the prospecting for, exploration, production, conversion, storage,  transport, distribution, and consumption of energy, and may relate to any economic sector. 2.  The objectives of this Protocol are: (a) the promotion of energy efficiency policies consistent with sustainable development; (b) the creation of framework conditions which induce producers and consumers to use energy as  economically, efficiently and environmentally soundly as possible, particularly through the  organization of efficient energy markets and a fuller reflection of environmental costs and  benefits; and(c) the fostering of cooperation in the field of energy efficiency. Article 2 DefinitionsAs used in this Protocol: 1. 'Charter` means the European Energy Charter adopted in the Concluding Document of the Hague  Conference on the European Energy Charter signed at The Hague on 17 December 1991; signature of the  Concluding Document is considered to be signature of the Charter. 2. 'Contracting Party` means a State or Regional Economic Integration Organization which has  consented to be bound by this Protocol and for which the Protocol is in force. 3. 'Regional Economic Integration Organization` means an organization constituted by States to  which they have transferred competence over certain matters a number of which are governed by this  Protocol, including the authority to take decisions binding on them in respect of those matters. 4. 'Energy cycle` means the entire energy chain, including activities related to prospecting for,  exploration, production, conversion, storage, transport, distribution and consumption of the  various forms of energy, and the treatment and disposal of wastes, as well as the decommissioning,  cessation or closure of these activities, minimizing harmful environmental impacts. 5. 'Cost-effectiveness` means to achieve a defined objective at the lowest cost or to achieve the  greatest benefit at a given cost. 6. 'Improving energy efficiency` means acting to maintain the same unit of output (of a good or  service) without reducing the quality or performance of the output, while reducing the amount of  energy required to produce that output. 7. 'Environmental impact` means any effect caused by a given activity on the environment, including  human health and safety, flora, fauna, soil, air, water, climate, landscape and historical  monuments or other physical structures or the interactions among these factors; it also includes  effects on cultural heritage or socio-economic conditions resulting from alterations to those  factors. PART II POLICY PRINCIPLES Article 3 Basic principlesContracting Parties shall be guided by the  following principles: 1. Contracting Parties shall cooperate and, as appropriate, assist each other in developing and  implementing energy efficiency policies, laws and regulations. 2. Contracting Parties shall establish energy efficiency policies and appropriate legal and  regulatory frameworks which promote, inter alia: (a) efficient functioning of market mechanisms including market-oriented price formation and a  fuller reflection of environmental costs and benefits; (b) reduction of barriers to energy efficiency, thus stimulating investments; (c) mechanisms for financing energy efficiency initiatives; (d) education and awareness; (e) dissemination and transfer of technologies; (f) transparency of legal and regulatory frameworks. 3. Contracting Parties shall strive to achieve the full benefit of energy efficiency throughout the  energy cycle. To this end they shall, to the best of their competence, formulate and implement  energy efficiency policies and cooperative or coordinated actions based on cost-effectiveness and  economic efficiency, taking due account of environmental aspects. 4. Energy efficiency policies shall include both short-term measures for the adjustment of previous  practices and long-term measures to improve energy efficiency throughout the energy cycle. 5. When cooperating to achieve the objectives of this Protocol, Contracting Parties shall take into  account the differences in adverse effects and abatement costs between Contracting Parties. 6. Contracting Parties recognize the vital role of the private sector. They shall encourage action  by energy utilities, responsible authorities and specialized agencies, and close cooperation  between industry and administrations. 7. Cooperative or coordinated action shall take into account relevant principles adopted in  international agreements, aimed at protection and improvement of the environment, to which  Contracting Parties are parties. 8. Contracting Parties shall take full advantage of the work and expertise of competent  international or other bodies and shall take care to avoid duplication. Article 4 Division of responsibility and coordinationEach Contracting Party shall strive to  ensure that energy efficiency policies are coordinated among all of its responsible authorities. Article 5 Strategies and policy aimsContracting Parties shall formulate strategies and policy  aims for improving energy efficiency and thereby reducing environmental impacts of the energy cycle  as appropriate in relation to their own specific energy conditions. These strategies and policy  aims shall be transparent to all interested parties. Article 6 Financing and financial incentives1.  Contracting Parties shall encourage the  implementation of new approaches and methods for financing energy efficiency and energy related  environmental protection investments, such as joint venture arrangements between energy users and  external investors (hereinafter referred to as 'Third Party Financing`). 2.  Contracting Parties shall endeavour to take advantage of and promote access to private capital  markets and existing international financing institutions in order to facilitate investments in  improving energy efficiency and in environmental protection related to energy efficiency. 3.  Contracting Parties may, subject to the provisions of the Energy Charter Treaty and to their  other international legal obligations, provide fiscal or financial incentives to energy users in  order to facilitate market penetration of energy efficiency technologies, products and services.  They shall strive to do so in a manner that both ensures transparency and minimizes the distortion  of international markets. Article 7 Promotion of energy efficient technology1.  Consistent with the provisions of the  Energy Charter Treaty, Contracting Parties shall encourage commercial trade and cooperation in  energy efficient and environmentally sound technologies, energy related services and management  practices. 2.  Contracting Parties shall promote the use of these technologies, services and management  practices throughout the energy cycle. Article 8 Domestic programmes1.  In order to achieve the policy aims formulated according to  Article 5, each Contracting Party shall develop, implement and regularly update energy efficiency  programmes best suited to its circumstances. 2.  These programmes may include activities such as the: (a) development of long-term energy demand and supply scenarios to guide decision-making; (b) assessment of the energy, environmental and economic impact of actions taken; (c) definition of standards designed to improve the efficiency of energy using equipment, and  efforts to harmonize these internationally to avoid trade distortions; (d) development and encouragement of private initiative and industrial cooperation, including joint  ventures; (e) promotion of the use of the most energy efficient technologies that are economically viable and  environmentally sound; (f) encouragement of innovative approaches for investments in energy efficiency improvements, such  as Third Party Financing and co-financing; (g) development of appropriate energy balances and databases, for example with data on energy  demand at a sufficiently detailed level and on technologies for improving energy efficiency; (h) promotion of the creation of advisory and consultancy services which may be operated by public  or private industry or utilities and which provide information about energy efficiency programmes  and technologies, and assist consumers and enterprises; (i) support and promotion of cogeneration and of measures to increase the efficiency of district  heat production and distribution systems to buildings and industry; (j) establishment of specialized energy efficiency bodies at appropriate levels, that are  sufficiently funded and staffed to develop and implement policies. 3.  In implementing their energy efficiency programmes, Contracting Parties shall ensure that  adequate institutional and legal infrastructures exist. PART III INTERNATIONAL COOPERATION  Article 9 Areas of cooperationThe cooperation between Contracting Parties may take any  appropriate form. Areas of possible cooperation are listed in the Annex. PART IV ADMINISTRATIVE AND LEGAL ARRANGEMENTS Article 10 Role of the Charter Conference1.  All  decisions made by the Charter Conference in accordance with this Protocol shall be made by only  those Contracting Parties to the Energy Charter Treaty who are Contracting Parties to this  Protocol. 2.  The Charter Conference shall endeavour to adopt, within 180 days after the entry into force of  this Protocol, procedures for keeping under review and facilitating the implementation of its  provisions, including reporting requirements, as well as for identifying areas of cooperation in  accordance with Article 9. Article 11 Secretariat and financing1.  The Secretariat established pursuant to Article 35 of  the Energy Charter Treaty shall provide the Charter Conference with all necessary assistance for  the performance of its duties under this Protocol and provide such other services in support of the  Protocol as may be required from time to time, subject to approval by the Charter Conference. 2.  The costs of the Secretariat and Charter Conference arising from this Protocol shall be met by  the Contracting Parties to this Protocol according to their capacity to pay, determined according  to the formula specified in Annex B to the Energy Charter Treaty. Article 12 Voting1.  Unanimity of Contracting Parties present and voting at the meeting of the  Charter Conference where such matters fall to be decided shall be required for decisions to: (a) adopt amendments to this Protocol; and(b) approve accessions to this Protocol pursuant to  Article 16. Contracting Parties shall make every effort to reach agreement by consensus on any other matter  requiring their decision pursuant to this Protocol. If agreement cannot be reached by consensus,  decisions on non-budgetary matters shall be taken by a three-fourths majority of Contracting  Parties present and voting at the meeting of the Charter Conference at which such matters fall to  be decided. Decisions on budgetary matters shall be taken by a qualified majority of Contracting Parties whose  assessed contributions pursuant to Article 11  (2) represent, in combination, at least  three-fourths of the total assessed contributions. 2.  For purposes of this Article, 'Contracting Parties present and voting` means Contracting  Parties to this Protocol present and casting affirmative or negative votes, provided that the  Charter Conference may decide upon rules of procedure to enable such decisions to be taken by  Contracting Parties by correspondence. 3.  Except as provided in paragraph 1 in relation to budgetary matters, no decision referred to in  this Article shall be valid unless it has the support of a simple majority of Contracting Parties. 4.  A Regional Economic Integration Organization shall, when voting, have a number of votes equal  to the number of its Member States which are Contracting Parties to this Protocol; provided that  such an Organization shall not exercise its right to vote if its Member States exercise theirs, and  vice versa. 5.  In the event of persistent arrears in a Contracting Party's discharge of financial obligations  under this Protocol, the Charter Conference may suspend that Contracting Party's voting rights in  whole or in part. Article 13 Relation to the Energy Charter Treaty1.  In the event of inconsistency between the  provisions of this Protocol and the provisions of the Energy Charter Treaty, the provisions of the  Energy Charter Treaty shall, to the extent of the inconsistency, prevail. 2.  Article 10  (1) and Article 12  (1) to (3) shall not apply to votes in the Charter Conference  on amendments to this Protocol which assign duties or functions to the Charter Conference or the  Secretariat, the establishment of which is provided for in the Energy Charter Treaty. PART V FINAL PROVISIONS Article 14 SignatureThis Protocol shall be open for signature at  Lisbon from 17 December 1994 to 16 June 1995 by the States and Regional Economic Integration  Organizations whose representatives have signed the Charter and the Energy Charter Treaty. Article 15 Ratification, acceptance or approvalThis Protocol shall be subject to ratification,  acceptance or approval by signatories. Instruments of ratification, acceptance or approval shall be  deposited with the Depositary. Article 16 AccessionThis Protocol shall be open for accession, from the date on which the  Protocol is closed for signature, by States and Regional Economic Integration Organizations which  have signed the Charter and are Contracting Parties to the Energy Charter Treaty, on terms to be  approved by the Charter Conference. The instruments of accession shall be deposited with the  Depositary. Article 17 Amendments1.  Any Contracting Party may propose amendments to this Protocol. 2.  The text of any proposed amendment to this Protocol shall be communicated to Contracting  Parties by the Secretariat at least three months before the date on which it is proposed for  adoption by the Charter Conference. 3.  Amendments to this Protocol, texts of which have been adopted by the Charter Conference, shall  be communicated by the Secretariat to the Depositary which shall submit them to all Contracting  Parties for ratification, acceptance or approval. 4.  Instruments of ratification, acceptance or approval of amendments to this Protocol shall be  deposited with the Depositary. Amendments shall enter into force between Contracting Parties having  ratified, accepted or approved them on the 30th day after deposit with the Depositary of  instruments of ratification, acceptance or approval by at least three-fourths of the Contracting  Parties. Thereafter the amendments shall enter into force for any other Contracting Party on the  30th day after that Contracting Party deposits its instrument of ratification, acceptance or  approval of the amendments. Article 18 Entry into force1.  This Protocol shall enter into force on the 30th day after the  date of deposit of the 15th instrument of ratification, acceptance or approval thereof, or of  accession thereto, by a State or Regional Economic Integration Organization which is a signatory to  the Charter and a Contracting Party to the Energy Charter Treaty or on the same date as the Energy  Charter Treaty enters into force, whichever is later. 2.  For each State or Regional Economic Integration Organization for which the Energy Charter  Treaty has entered into force and which ratifies, accepts, or approves this Protocol or accedes  thereto after the Protocol has entered into force in accordance with paragraph 1, the Protocol  shall enter into force on the 30th day after the date of deposit by such State or Regional Economic  Integration Organization of its instrument of ratification, acceptance, approval or accession. 3.  For the purposes of paragraph 1, any instrument deposited by a Regional Economic Integration  Organization shall not be counted as additional to those deposited by Member States of such  Organization. Article 19 ReservationsNo reservations may be made to this Protocol. Article 20 Withdrawal1.  At any time after this Protocol has entered into force for a  Contracting Party, that Contracting Party may give written notification to the Depositary of its  withdrawal from the Protocol. 2.  Any Contracting Party which withdraws from the Energy Charter Treaty shall be considered as  also having withdrawn from this Protocol. 3.  The effective date of withdrawal pursuant to paragraph 1 shall be 90 days after receipt of  notification by the Depositary. The effective date of withdrawal pursuant to paragraph 2 shall be  the same as the effective date of withdrawal from the Energy Charter Treaty. Article 21 DepositaryThe Government of the Portuguese Republic shall be the Depositary of this  Protocol. Article 22 Authentic textsIn witness whereof the undersigned, being duly authorized to that  effect, have signed this Protocol in English, French, German, Italian, Russian and Spanish, of  which every text is equally authentic, in one original, which will be deposited with the Government  of the Portuguese Republic. Done at Lisbon on the seventeenth day of December in the year one thousand nine hundred  and ninety-four. Fait à Lisbonne, le dix-sept décembre mil neuf cent quatre-vingt-quatorze. Geschehen zu Lissabon am siebzehnten Dezember neunzehnhundertvierundneunzig. Fatto a Lisbona il diciassettesimo giorno del mese di dicembre dell'anno  millenovecentonovantaquattro. >REFERENCE TO A FILM>Hecho en Lisboa, el diecisiete de diciembre de mil novecientos noventa y  cuatro. Udfaerdiget i Lissabon, den syttende december nittenhundrede og fireoghalvfems. ¸ãéíaa óôç Ëéóáâueíá, óôéò aeÝêá aaðôUE AEaaêaaìâñssïõ ôïõ Ýôïõò ÷ssëéá aaíéáêueóéá aaíaaíÞíôá ôÝóóaañá. Gedaan te Lissabon, de zeventiende december negentienhonderd vierennegentig. Feito em Lisboa, aos dezassete de Dezembro de mil novecentos e noventa e quatro. Për Republikën e Shqipërisë>REFERENCE TO A FILM>>REFERENCE TO A FILM>For Australia>REFERENCE  TO A FILM>Fuer die Republik OEsterreich>REFERENCE TO A FILM>>REFERENCE TO A FILM>Pour le  royaume de BelgiqueVoor het Koninkrijk BelgiëFuer das Koenigreich Belgien>REFERENCE TO A FILM> Cette signature engage également la Communauté française de Belgique, la Communauté flamande, la  Communauté germanophone de Belgique, la Région wallonne, la Région flamande et la région de  Bruxelles-Capitale. Deze handtekening bindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap van België, de  Duitstalige Gemeenschap van België, het Waals Gewest en het Brussels Hoofdstedelijk Gewest. Diese Unterschrift bindet ebenso die Flaemische Gemeinschaft, die Franzoesische Gemeinschaft  Belgiens, die Deutschsprachige Gemeinschaft Belgiens, die Flaemische Region, die Wallonische Region  und die Region Bruessel-Hauptstadt. >REFERENCE TO A FILM>>REFERENCE TO A FILM>For CanadaPour le Canadaza Republiku Hrvatsku> REFERENCE TO A FILM>For the Republic of Cyprus>REFERENCE TO A FILM>Za  OCeskou Republiku> REFERENCE TO A FILM>For Kongeriget Danmark>REFERENCE TO A FILM>Eesti Vabariigi nimel> REFERENCE TO A FILM>Por las Comunidades EuropeasFor De Europaeiske FaellesskaberFuer die  Europaeischen GemeinschaftenÃéá ôéò AAõñùðáúêÝò ÊïéíueôçôaaòFor the European CommunitiesPour les  Communautés européennesPer le Comunità europeeVoor de Europese GemeenschappenPelas Comunidades  Europeias>REFERENCE TO A FILM>Suomen tasavallan puolesta>REFERENCE TO A FILM>Pour la  République française>REFERENCE TO A FILM>>REFERENCE TO A FILM>Fuer die Bundesrepublik  Deutschland>REFERENCE TO A FILM>Ãéá ôçí AAëëçíéêÞ AEçìïêñáôssá>REFERENCE TO A FILM>A Magyar  Koeztársaság nevébenFyrir hoend Ly sveldisins íslands>REFERENCE TO A FILM>Thar cheann na  hÉireannFor Ireland>REFERENCE TO A FILM>Per la Repubblica italiana>REFERENCE TO A FILM>> REFERENCE TO A FILM>>REFERENCE TO A FILM>>REFERENCE TO A FILM>Latvijas Republikas varda> REFERENCE TO A FILM>Fuer das Fuerstentum Liechtenstein>REFERENCE TO A FILM>Lietuvos Respublikos  vardu>REFERENCE TO A FILM>Pour le grand-duché de Luxembourg>REFERENCE TO A FILM>For the  Republic of Malta>REFERENCE TO A FILM>Pentru Republica Moldova>REFERENCE TO A FILM>Voor het  Koninkrijk der Nederlanden>REFERENCE TO A FILM>For Kongeriket Norge>REFERENCE TO A FILM>Za  Rzeczpospolit Na Polsk Na>REFERENCE TO A FILM>Pela República Portuguesa>REFERENCE TO A FILM> Pentru Rômania>REFERENCE TO A FILM>>REFERENCE TO A FILM>Za Slovenskú republiku>REFERENCE TO  A FILM>Za Republiko Slovenijo>REFERENCE TO A FILM>Por el Reino de España>REFERENCE TO A FILM> Foer Konungariket Sverige>REFERENCE TO A FILM>Fuer die Schweizerische EidgenossenschaftPour la  Confédération suissePer la Confederazione svizzera>REFERENCE TO A FILM>>REFERENCE TO A FILM> Tuerkiye Cumhuriyeti adina>REFERENCE TO A FILM>>REFERENCE TO A FILM>For the United Kingdom of  Great Britain and Northern Ireland>REFERENCE TO A FILM>For the United States of America> REFERENCE TO A FILM>ANNEX Illustrative and non-exhaustive list of possible areas of  cooperation pursuant to Article 9 Development of energy efficiency programmes, including  identifying energy efficiency barriers and potentials, and the development of energy labelling and  efficiency standards. Assessment of the environmental impacts of the Energy Cycle. Development of economic, legislative and regulatory measures. Technology transfer, technical assistance and industrial joint ventures subject to international  property rights regimes and other applicable international agreements. Research and development. Education, training, information and statistics. Identification and assessment of measures such as fiscal or other market-based instruments,  including tradable permits to take account of external, notably environmental, costs and benefits. Energy analysis and policy formulation: - assessment of energy efficiency potentials, - energy demand analysis and statistics, - development of legislative and regulatory measures, - integrated resource planning and demand side management, - environmental impact assessment, including major energy projects. Evaluation of economic instruments for improving energy efficiency and environmental objectives. Energy efficiency analysis in refining, conversion, transport and distribution of hydro-carbons. Improving energy efficiency in power generation and transmission: - cogeneration, - plant component (boilers, turbines, generators, etc.), - network integration. Improving energy efficiency in the building sector: - thermal insulation standards, passive solar and ventilation, - space heating and air conditioning systems, - high efficiency low NOx burners, - metering technologies and individual metering, - domestic appliances and lighting. Municipalities and local community services: - district heating systems, - efficient gas distribution systems, - energy planning technologies, - twinning of towns or of other relevant territorial entities, - energy management in cities and in public buildings, - waste management and energy recovery of waste. Improving energy efficiency in the industrial sector: - joint ventures, - energy cascading, cogeneration and waste heat recovery, - energy audits. Improving energy efficiency in the transport sector: - motor vehicle performance standards, - development of efficient transport infrastructures. Information: - awareness creation, - databases: access, technical specifications, information systems, - dissemination, collection and collation of technical information, - behavioural studies. Training and education: - exchanges of energy managers, officials, engineers and students, - organization of international training courses. Financing: - development of legal framework, - Third Party Financing, - joint ventures, - co-financing.