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The Energy Charter Treaty

The Energy Charter Treaty provides a multilateral framework for energy cooperation that is unique under international law. It is designed to promote energy security through the operation of more open and competitive energy markets, while respecting the principles of sustainable development and sovereignty over energy resources.

The Energy Charter Treaty was signed in December 1994 and entered into legal force in April 1998. To date the Treaty has been signed or acceded to by fifty-two states, the European Union and Euratom (the total number of its Signatories is therefore fifty-four).

The Treaty's provisions focus on four broad areas:

  • the protection of foreign investments, based on the extension of national treatment, or most-favoured nation treatment (whichever is more favourable) and protection against key non-commercial risks;
  • non-discriminatory conditions for trade in energy materials, products and energy-related equipment based on WTO rules, and provisions to ensure reliable cross-border energy transit flows through pipelines, grids and other means of transportation;
  • the resolution of disputes between participating states, and - in the case of investments - between investors and host states;
  • the promotion of energy efficiency, and attempts to minimise the environmental impact of energy production and use.

Consolidated Version of the Energy Charter Treaty and Related Documents

Consolidated Energy Charter Treaty
Energy Charter Treaty - Positive Annex W

The consolidated version of the Energy Charter Treaty and related documents is not a legal document. It is a comprehensive reader-friendly edition is designed to facilitate work with the founding documents of the Charter: it contains text currently in force – with modifications up to date included and with parts which are no longer applicable removed for the sake of clarity. Guidance is provided in the margins by way of Editor's notes.

The consolidated text with Annex W, modified into a positive list of the applicable WTO Provisions, is the same text as the consolidated version except for Annex W which has been spelled out into a positive list of all WTO provisions that apply under the Energy Charter Treaty.

For legal analysis, please refer to the original texts of the Treaty and related documents below.

The consolidated version of the 1994 Energy Charter Treaty and related documents contains as of 12 June 2015:

Authenticated/certified copies:

Annexes no longer applicable

The content of annexes that are no longer applicable has been removed from the consolidated text and replaced by a reference. The non-applicable provisions are the following:

Also non-applicable are the 1992 and 1996 versions of the Harmonised Commodity Description and Coding System (HS). For reference, a correspondence table is made available, listing those items of the three Annexes EM I, NI and EQ I which have been affected by HS changes. The table lists them in their original version of HS 1992 or HS 1996 and the corresponding items of the HS 2012 version.

The Treaty was developed on the basis of a political declaration, the 1991 European Energy Charter, but while this Declaration signalled the political intent to strengthen international energy ties, the 1994 Treaty is a legally binding multilateral agreement. It is the only agreement of its kind dealing with inter-governmental cooperation in the energy sector, covering the whole energy value chain (from exploration to end-use) and all energy products and energy-related equipment.

The Energy Charter Treaty text (non consolidated version) is also available in the following languages:

Русский
Français
中文
Español
عربي
Deutsch
日本語
Italiano

Signatories / Contracting Parties to the Energy Charter Treaty

Afghanistan, Albania, Armenia, Australia*, Austria, Azerbaijan, Belarus°, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, European Union and Euratom, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Japan, Kazakhstan, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Mongolia, Montenegro, The Netherlands, Norway*, Poland, Portugal, Romania, Russian Federation*, Slovakia, Slovenia, Spain, Sweden, Switzerland, Tajikistan, The former Yugoslav Republic of Macedonia, Turkey, Turkmenistan, Ukraine, United Kingdom, Uzbekistan

° did not ratify the Energy Charter Treaty, but applies it provisionally

* did not ratify the Energy Charter Treaty

 

Afghanistan
Albania
Armenia
Australia
Austria
Azerbaijan
Belarus
Belgium
Bosnia and Herzegovina
Bulgaria
Croatia
Cyprus
Czech Republic
Denmark
Estonia
European Union
Euratom
Finland
France
Georgia
Germany
Greece
Hungary
Iceland
Ireland
Japan
Kazakhstan
Kyrgyzstan
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Moldova
Mongolia
Montenegro
The Netherlands
Norway
Poland
Portugal
Romania
Russian Federation
Slovakia
Slovenia
Spain
Sweden
Switzerland
Tajikistan
The former Yugoslav Republic of Macedonia
Turkey
Turkmenistan
Ukraine
United Kingdom
Uzbekistan