CELEX: 51998PC0267
Language: en
Date: 1998-05-06
Title: Proposal for a Council Decision on the position to be adopted by the European Community within the Energy Charter Conference and the International Conference of the Signatories of the Energy Charter Treaty, on the amendment to the trade-related provisions of the Energy Charter Treaty and its provisional application

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)
 ---pagebreak---  ---pagebreak---        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/EC0) 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
 ---pagebreak---     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
   itemsfiguringon 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
 ---pagebreak---            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
 ---pagebreak---                                                                                 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
 ---pagebreak--- 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.
 ---pagebreak---        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
 ---pagebreak---                                                                                        Annex H
                                                ARTICLE 1
 Article 29 of the Treaty shall be replaced by the following text:
                                                ARTICLE 29
                      INTERIM PROVISIONS ON TRADE-RELATED MATTERS
 (1)       The provisions of this Article shall apply to trade in Energy Materials and
           Products and Energy-Related Equipment while any Contracting Party is not a
           member of the WTO.
 (2)       (a) Trade in Energy Materials and Products and Energy-Related Equipment
                    between Contracting Parties at least one of which is not a member of the
                   WTO shall be governed, subject to subparagraph (b) and to the exceptions
                   and rules provided for in Annex W, by the provisions of the WTO
                   Agreement, as applied and practised with regard to Energy Materials and
                   Products and Energy-Related Equipment by members of the WTO among
                   themselves, as if all Contracting Parties were members of the WTO.
           (b) Such trade of a Contracting Party which is a state that was a constituent part
                   of the former Union of Soviet Socialist Republics may instead be governed,
                   subject to the provisions of Annex TFU, by an agreement between two or
                   more such states, until 1 December 1999 or the admission of that
                   Contracting Party to the WTO, whichever is the earlier.
(3)       (a) Each signatory to this Treaty, and each state or Regional Economic
                   Integration Organization acceding to this Treaty before 24 April 1998, shall
                  on the date of its signature or of its deposit of its instrument of accession
                  provide to the Secretariat a list of all customs duties and charges of any kind
                   imposed on or in connection with importation or exportation of Energy
                  Materials and Products, notifying the level of such customs duties and
                  charges applied on such date of signature or deposit. Each signatory to this
                  Treaty, and each state or Regional Economic Integration Organization
                  acceding to this Treaty before 24 April 1998, shall on that date provide to
                  the Secretariat a list of all customs duties and charges of any kind imposed
                  on or in connection with importation or exportation of Energy-Related
                  Equipment, notifying the level of such customs duties and charges applied
                  on that date.
          (b) Each state or Regional Economic Integration Organization acceding to this
                  Treaty on or after 24 April 1998, shall, on the date of its deposit of its
                  instrument of accession, provide to the Secretariat a list of all customs
                  duties and charges of any kind imposed on or in connection with
                  importation or exportation of Energy Materials and Products and Energy-
                                                        t
ND/id/CC-l 13 Trade Ammdmau-Adoption/3.3 98
 ---pagebreak---                  Related Equipment, notifying the level of such customs duties and charges
                 applied on such date of deposit.
          Any changes to such customs duties or charges of any kind imposed on or in
          connection with importation or exportation shall be notified to the Secretariat,
          which shall inform the Contracting Parties of such changes.
 (4)      Each Contracting Party shall endeavour not to increase any customs duty or
          charge of any kind imposed on or in connection with importation or exportation:
          (a) in the case of the importation of Energy Materials and Products listed in
                 Annex EM I or Energy-Related Equipment listed in Annex EQ I and
                 described in Part I of the Schedule relating to the Contracting Party referred
                to in article II of the GATT 1994, above the level set forth in that Schedule,
                 if the Contracting Party is a member of the WTO;
          (b) in the case of the exportation of Energy Materials and Products listed in
                Annex EM I or Energy-Related Equipment listed in Annex EQ I, and that of
                their importation if the Contracting Party is not a member of the WTO,
                above the level most recently notified to the Secretariat, except as permitted
                by the provisions made applicable by subparagraph (2)(a).
(5)       A Contracting Party may increase such customs duty or other charge above the
          level referred to in paragraph (4) only if:
          (a) in case of a customs duty or other charge imposed on or in connection with
                importation, such action is not inconsistent with the applicable provisions
                of the WTO Agreement, other than those provisions of the WTO
                Agreement listed in Annex W; or
          (b) it has, to the fullest extent practicable under its legislative procedures,
                notified the Secretariat of its proposal for such an increase, given other
                interested Contracting Parties reasonable opportunity for consultation with
                respect to its proposal, and accorded consideration to any representations
                from such Contracting Parties.
(6)      In respect of trade between Contracting Parties at least one of which is not a
         member of the WTO, no such Contracting Party shall increase any customs duty
         or charge of any kind imposed on or in connection with importation or
         exportation of Energy Materials and Products listed in Annex EM II or Energy-
         Related Equipment listed in Annex EQ II above the lowest of the levels applied
         on the date of the decision by the Charter Conference to list the particular item
         in the relevant Annex.
         A Contracting Party may increase such customs duty or other charge above that
         level only if:
         (a) in case of a customs duty or other charge imposed on or in connection with
                importation, such action is not inconsistent with the applicable provisions
                of the WTO Agreement, other than those provisions of the WTO
                Agreement listed in Annex W; or
NDfed/CC-113 Tnde AaModncat-Ado|MioB/3.3.98
 ---pagebreak---              (b) in exceptional circumstances not elsewhere provided for in this Treaty, the
                      Charter Conference decides to waive the obligation otherwise imposed on a
                      Contracting Party by this paragraph, consenting to an increase in a customs
                     duty, subject to any conditions the Charter Conference may impose.
 (7)         Notwithstanding paragraph (6), in the case of trade referred to in that paragraph,
             Contracting Parties listed in Annex BR in respect of Energy Materials and
             Products listed in Annex EM II, or in Annex BRQ in respect of Energy-Related
             Equipment listed in Annex EQ H, shall not increase any customs duty or other
             charge above the level resulting from their commitments or any provisions
             applicable to them under the WTO Agreement.
 (8)         Other duties and charges imposed on or in connection with importation or
            exportation of Energy Materials and Products or Energy-Related Equipment
             shall be subject to the provisions of the Understanding on the Interpretation of
            Article II: 1(b) of the GATT 1994 as modified according to Annex W.
 (9)        Annex D shall apply:
            (a) to disputes regarding compliance with provisions applicable to trade under
                     this Article;
            (b) to disputes regarding the application by a Contracting Party of any measure,
                     whether or not it conflicts with the provisions of this Article, which is
                     considered by another Contracting Party to nullify or impair any benefit
                     accruing to it directly or indirectly under this Article; and
            (c) unless the Contracting Parties parties to the dispute agree otherwise, to
                     disputes regarding compliance with Article 5 between Contracting Parties at
                     least one of which is not a member of the WTO,
            except that Annex D shall not apply to any dispute between Contracting Parties,
            the substance of which arises under an agreement that:
            (i) has been notified in accordance with and meets the other requirements of
                    sub-paragraph (2)(b) and Annex TFU; or
            (ii) establishes a free-trade area or a customs union as described in article XXTV
                    of the GATT 1994.
ND/*<l/CC-l  13 Trade A m c m d u m - A d o p ù o a / 3 . 3 . 9 8
 ---pagebreak---                                              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 Energy-
Related Equipment".
In Article 21, paragraph (4), replace "Article 29(2) to (6)" with "Article 29(2) to (8)".
ND/id/CC-113 Trade Ameodment-Adoption/3.3.98
 ---pagebreak---   In Article 25, paragraph (3), replace "GATT and Related Instruments" with "WTO
 Agreement".
 In Article 34, paragraph (3) add after sub-paragraph (m):
 "(n) consider and approve the listing of signatories in Annexes BR or BRQ or in both
        these Annexes;
 (o) consider and approve the addition of items to Annex EM II from Annex EM I
        with the corresponding deletion of those items from Annex EM I and consider
        and approve the addition of items to Annex EQ II from Annex EQ I with the
        corresponding deletion of those items from Annex EQ I;".
 In Article 34, paragraph (3) replace the denomination of sub-paragraph "(n)" with sub-
 paragraph "(p)".
 In Article 360)(d\ replace "G" with "W".
 In Article 36, in paragraph (1) after subparagraph (f) add:
 "(g) approve the addition of items to Annex EM II from Annex EM I with the
        corresponding deletion of those items from Annex EM I and approve the addition
        of items to Annex EQ II from Annex EQ I with the corresponding deletion of
       those items from Annex EQ I."
 In Article 36, paragraph (4) replace "(f)" with "(g)".
In the 'Table of Contents' of Annexes to the Energy Charter Treaty, rename "Annex
EM" as "Annex EM F', insert as 2 to 4 the additional Annexes "Annex EM II Energy
Materials and Products (In accordance with Article 1(4))", "Annex EQ I List of
Energy-Related Equipment (In accordance with Article l(4bis))" and "Annex EQ II
List of Energy-Related Equipment (In accordance with Article l(4bis))".
In 9. Annex G, replace "GATT and Related Instruments" with "WTO Agreement",
and rename "Annex G" as "Annex W".
Renumber Annexes 2 to 10 as Annexes 5 to 13. Insert as 14 and 15 the additional
Annexes "Annex BR List of Contracting Parties which shall not increase any customs
duty or other charge above the level resulting from their commitments or any
provisions applicable to them under the WTO Agreement (In accordance with Article
29(7))" and "Annex BRQ List of Contracting Parties which shall not increase any
customs duty or other charge above the level resulting from their commitments or any
provisions applicable to them under the WTO Agreement (In accordance with Article
29(7))".
Renumber Annexes 11 to 14 as Annexes 16 to 19.
In respect of Annex D, replace "(In accordance with Article 29(7))" with "(In
accordance with Article 29(9))."
In Annex EM, rename "EM" as "EM I".
In Annex TRM, paragraph (l)(a) and (b) and in paragraph (3)(a) and (b), replace
"party to the G A I T ' with "member of the WTO".
In Annex TFU, paragraphs (2)(c), (4), first sentence, and (6), first sentence, replace
"GATT and Related Instruments" with "WTO Agreement".
ND/id/CC-l 13 Trade Ameodmeat-Adoption/3.3.9S
 ---pagebreak---                                                 ARTICLE 3
 Annex D of the Treaty shall be amended as follows:
 In the heading replace "(In accordance with Article 29(7))" with "(In accordance with
 Article 29(9))."
 At the end of paragraph (T)(a\ delete the period and add thereafter following "29":
        ", or about any measures that might nullify or impair any benefit accruing to a
        Contracting Party directly or indirectly under the provisions applicable to trade
        under Article 29."
In paragraph d)fb), at the end of the first sentence, delete the period and insert
thereafter following "29":
       ", or any measure that might nullify or impair any benefit accruing to a
       Contracting Party directly or indirectly under the provisions applicable to trade
       under Article 29."
and in the second sentence, replace "GATT and Related Instruments" with "WTO
Agreement".
In paragraph 0)(d), insert after the comma before "the Contracting Parties":
       "or to nullify or impair any benefit accruing to it directly or indirectly under the
       provisions applicable to trade under Article 29, "
In paragraph (2)(a\ second sentence, replace "GATT and Related Instruments" with
"WTO Agreement".
In paragraph (3Xa), second sentence, replace "GATT and Related Instruments" with
"WTO Agreement"
and replace the penultimate sentence with :
       "Panels shall be guided by the interpretations given to the WTO Agreement
       within the framework of the WTO Agreement and shall not question the
       compatibility with Article 5 or 29 of practices applied by any Contracting Party
       which is a member of the WTO to other members of the WTO to which it applies
       the WTO Agreement and which have not been taken by those other members to
       dispute resolution under the WTO Agreement."
In paragraph (4)fb), first sentence, replace "GATT or a Related Instrument" with
"WTO Agreement".
In paragraph (5¥c), replace "GATT or Related Instruments" with "WTO Agreement".
In paragraph (7), first sentence, replace "party to the GATT" with
       "member of the WTO"
and replace "panellists currently nominated for the purpose of GATT dispute panels"
with:
       "persons whose names appear on the indicative list of governmental and non-
       governmental individuals, referred to in article 8 of the Understanding on Rules
       and Procedures Governing the Settlement of Disputes contained in Annex 2 to the
       WTO Agreement or who have in the past served as panellists on a GATT or
       WTO dispute settlement panel."
ND/id/CC- ! 13 Trade An>endme»i-Adoption/3.3.9S
 ---pagebreak--- 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
 ---pagebreak---                                                        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
 ---pagebreak---                         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
 ---pagebreak---                    (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
 ---pagebreak---                                           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
 ---pagebreak---                                       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 Food-
                                     Importing 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
 ---pagebreak---                    (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
 ---pagebreak---                     (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
 ---pagebreak---           (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
 ---pagebreak---                         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 withrightsand 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
 ---pagebreak---                    "other duty or charge" with such obligations.
           (v) "Other duties or charges" omitted from a notification to the Secretariat shall
                   not subsequently be added to it and any "other duty or charge" recorded at a
                   level lower than that prevailing on the applicable date shall not be restored
                   to that level unless such additions or changes are made within six months of
                   the notification to the Secretariat.
 (6)      Where the WTO Agreement refers to "duties inscribed in the Schedule" or to
          "bound duties", there shall be substituted "the level of customs duties and
          charges of any kind permitted under Article 29(4) to (8)".
(7)       Where the WTO Agreement specifies the date of entry into force of the WTO
          Agreement (or an analogous phrase) as the reference date for an action, there
          shall be substituted the date of entry into force of the Amendment to the trade-
          related provisions of this Treaty adopted by the Charter Conference on 24 April
           1998.
(8)       With respect to notifications required by the provisions made applicable by
          Article 29(2)(a):
          (a) Contracting Parties which are not members of the WTO shall make their
                  notifications to the Secretariat. The Secretariat shall circulate copies of the
                  notifications to all Contracting Parties. Notifications to the Secretariat shall
                  be in one of the authentic languages of this Treaty. The accompanying
                  documents may be solely in the language of the Contracting Party;
          (b) such requirements shall not apply to Contracting Parties to this Treaty
                  which are also members of the WTO which provides for its own
                  notification requirements.
(9)      Where Article 29(2)(a) or (6)(b) applies, the Charter Conference shall carry out
         any applicable duties that the WTO Agreement assigned to the relevant bodies
         under the WTO Agreement.
(10) (a) Interpretations of the WTO Agreement adopted by the Ministerial
                  Conference or the General Council of the WTO under paragraph 2 of article
                  DC of the WTO Agreement insofar as they interpret provisions applicable
                  under Article 29(2)(a) shall apply.
         (b) Amendments to the WTO Agreement under article X of the WTO
                  Agreement that are binding on all members of the WTO (other then those
                  under paragraph 9 of article X) insofar as they amend or relate to provisions
                  applicable under Article 29(2)(a), shall apply unless a Contracting Party
                  requests the Charter Conference to disapply or modify such amendment.
                  The Charter Conference shall take the decision by a three-fourths majority
                  of the Contracting Parties and determine the date of the disapplication or
                  modification of such amendment. A request for the disapplication or
                  modification of such amendment may include a request that the application
                  of the amendment be suspended pending the decision of the Charter
                  Conference.
NO/ad/CC-l 13 Trade Amendmest-Adoptioii/3.3.98
                                                      17
 ---pagebreak---                   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
 ---pagebreak---                                                       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
 ---pagebreak---                                                         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
                        7304.21l                    - Drill pipe
                        7304.291                    - 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
 ---pagebreak---   73.07                 Tube or pipefittings(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 notfittedwith
                        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 opticalfibrecables
* Except products for use in civil aircraft
ND/ad/CC-113 Trade Amendmeat-Adoptioo/3.3.98               2 1
 ---pagebreak---    Ex 76.13              Aluminium containers for compressed or liquefied gas.
                                               - Of more than 1,0001
   Ex 76.14              Stranded wire, cables, plaited bands and the like, of aluminium, not
                         electrically insulated.
                        Ex 7614.10             - With steel core
                                                  - Of a kind used in electricity generation,
                                                     transmission and distribution
                        Ex 7614.90             - Other
                                                  - Of a kind used in electricity generation,
                                                     transmission and distribution
  Ex 78.06              Other articles of lead.
                                                 Containers with an anti-radiation lead covering, for the
                                                 transport or storage of highly radioactive materials
  Ex 81.09              Zirconium and articles thereof, including waste and scrap.
                        Ex 8109.90             - Other
                                                  — Cartridges or tubes for nuclear fuel elements
  Ex 82.07              Interchangeable tools for hand tools, whether or not power-operated, or
                        for machine-tools (for example, for pressing, stamping, punching,
                        tapping, threading, drilling, boring, broaching, milling, turning or screw
                        driving), including dies for drawing or extruding metal, and rock drilling
                        or earth boring tools.
                                               - Rock drilling or earth boring tools:
                        8207.132                 - 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
 ---pagebreak---     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 turbines3:
                         8406.813              - Of an output exceeding 40 MW
                         8406.823              - 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 notfittedwith 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
 ---pagebreak---    Ex 84.14*             Air or vacuum pumps, air or other gas compressors and fans; ventilating
                         or recycling hoods incorporating a fan, whether or not fitted with filters.
                                              - Fans:
                         Ex 8414.59             - Other
                                                  — For use in naming and power plants
                         8414.80             - Other
                         8414.90             - Parts
   84.16                 Furnace burners for liquid fuel, for pulverised solid fuel or for gas;
                        mechanical stokers, including their mechanical grates, mechanical ash
                         dischargers and similar appliances.
   Ex 84.17             Industrial or laboratory furnaces and ovens, including incinerators, non-
                        electric.
                        Ex 8417.80           - Other
                                                  Exclusively waste incinerators, laboratory furnaces
                                                  and ovens and uranium sintering ovens
                        Ex 8417.90           - Parts
                                                — Exclusively for waste incinerators, laboratory
                                                  furnaces and ovens and uranium sintering ovens
  Ex 84.18*             Refrigerators, freezers, and other refrigerating or freezing equipment,
                        electric or other; heat pumps other than air conditioning machines of
                        heading No. 84.15.
                                             - Other refrigerating or freezing equipment; heat pumps:
                        8418.61                 - Compression type units whose condensers are heat
                                                  exchangers
                        8418.69                 - Other
  Ex 84.19*             Machinery, plant or laboratory equipment, whether or not electrically
                        heated, for the treatment of materials by a process involving a change of
                        temperature such as heating, cooking, roasting, distilling, rectifying,
                        sterilising, pasteurising, steaming, drying, evaporating, vapourising,
                        condensing or cooling, other than machinery or plant of a kind used for
                        domestic purposes; instantaneous or storage water heaters, non-electric.
                        8419.50              - Heat exchange units
                        8419.60              - Machinery for liquefying air or other gases
* Except products for use in civil aircraft
ND/ad/CC-113 Trade Amendnjenl-AdopOoo/3.3.98              24
 ---pagebreak---                                               - 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
 ---pagebreak---                          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 Chapter4.
                                            - Other machines and mechanical appliances:
                         Ex 8479.89           - Other
                                    *            — Mobile hydraulic powered mine roof support
4
  Chapter 84
* Except products for use in civil aircraft
ND/ad/CC-l 13 Trade Amendjnew-Adopd«W3.3.9$             26
 ---pagebreak---    Ex 84.81             Taps, cocks, valves and similar appliances for pipes, boiler shells, tanks,
                        vats or the like, including pressure-reducing valves and thermostatically
                        controlled valves.
                        8481.10            - Pressure-reducing valves
                        8481.20            - Valves for oleohydraulic or pneumatic transmissions
                        8481.40            - Safety or relief valves
                        8481.80            - Other appliances
                        8481.90            - Parts
  Ex 84.83              Transmission shafts (including cam shafts and crank shafts) and cranks;
                        bearing housings and plain shaft bearings; gears and gearing; ball or
                        roller screws; gear boxes and other speed changers, including torque
                        converters; flywheels and pulleys, including pulley blocks; clutches and
                        shaft couplings (including universal joints).
                        Ex 8483.40         - Gears and gearing, other than toothed wheels, chain
                                             sprockets and other transmission elements presented
                                             separately; ball or roller screws; gear boxes and other
                                             speed changers, including torque converters
                                             — Transmission elements exclusively for use in sucker
                                                rod pumping units in the oil and gas industry
  Ex 84.84*             Gaskets and similar joints of metal sheeting combined with other
                        material or of two or more layers of metal; sets or assortments of gaskets
                        and similar joints, dissimilar in composition, put up in pouches,
                        envelopes or similar packings; mechanical seals.
                        8484.10            - Gaskets and similar joints of metal sheeting combined
                                             with other material or of two or more layers of metal
                        8484.205           - Mechanical seals
   85.01 *              Electric motors and generators (excluding generating sets).
  85.02*                Electric generating sets and rotary converters.
  85.03 *               Parts suitable for use solely or principally with the machines of heading
                        No. 85.01 or 85.02.
  Ex 85.04*             Electrical transformers, static converters (for example, rectifiers) and
                        inductors.
5
  Not covered by separate subheading in the 1992 version.
* Except products for use in civil aircraft
ND/ad/CC-113 Trade AmendmaU-AdopOoo/3.3.98             Z I
 ---pagebreak---                                                - 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
 ---pagebreak---    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
 ---pagebreak---                                                     Photosensitive semiconductor devices, including
                                                    photovoltaic cells whether or not assembled in
                                                    modules or made up into panels
   Ex 85.44              Insulated (including enamelled or anodised) wire, cable (including co-
                         axial cable) and other insulated electric conductors, whether or not fitted
                         with connectors; optical fibre cables, made up of individually sheathed
                         fibres, whether or not assembled with electric conductors or fitted with
                         connectors.
                         8544.60             - Other electric conductors, for a voltage exceeding
                                                1,000 V
                        8544.70              - Optical fibre cables
   Ex 85.45             Carbon electrodes, carbon brushes, lamp carbons, battery carbons and
                        other articles of graphite or other carbon, with or without metal, of a kind
                        used for electrical purposes.
                        8545.20              - Brushes
   85.46                Electrical insulators of any material.
   85.47                Insulating fittings for electrical machines, appliances or equipment,
                        being fittings wholly of insulating material apart from any minor
                        components of metal (for example, threaded sockets) incorporated
                        during moulding solely for purposes of assembly, other than insulators of
                        heading No. 85.46; electrical conduit tubing and joints therefor, of base
                        metal lined with insulating material.
  Ex 87.04              Motor vehicles for the transport of goods.
                                             - Other, with compression-ignition internal combustion
                                               piston engine (diesel or semi-diesel):
                        Ex 8704.21             - g.v.w. not exceeding 5 tonnes
                                                   — Specially designed for the transport of highly
                                                      radioactive materials
                        Ex 8704.22             - g.v.w. exceeding 5 tonnes but not exceeding 20
                                                   tonnes
                                                   — Specially designed for the transport of highly
                                                      radioactive materials
                        Ex 8704.23             - g.v.w. exceeding 20 tonnes
                                                   — Specially designed for the transport of highly
                                                      radioactive materials
* Except products for use in civil aircraft
ND/ad/CC-113 Trade Amendmeni-Adoption/3.3.98              3 U
 ---pagebreak---                                               - 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,firefightingvehicles, 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, notfittedwith 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,floatingcranes, 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
 ---pagebreak---     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
 ---pagebreak---                           Ex 9030.836            - Other, with a recording device
                                                    -- For use in the energy sector
                          Ex 9030.89             - Other
                                                    — For use in the energy sector
                          Ex 9030.90           - Parts and accessories
                                                  ~ For use in the energy sector
   90.32*                 Automatic regulating or controlling instruments and apparatus.
6
  Covered by 9030 81 in the 1992 version
* Except products for use in civil aircraft
ND/ad/CC-l 13 Trade Amendnient-Adoption/3.3.98            33
 ---pagebreak---                                                       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
 ---pagebreak---                                                       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
 ---pagebreak---                                                       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
 ---pagebreak---                                                   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
 ---pagebreak---                                                     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
 ---pagebreak---             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
 ---pagebreak---                                               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
 ---pagebreak---            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
 ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(98) 267 final
                                              DOCUMENTS
EN                                                                10  12   14
                                    Catalogue number : CB-CO-98-282-EN-C
                                                             ISBN 92-78-35451-1
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                            4-2-