Energy Charter News

The Delegation led by the Deputy Speaker of the Parliament of Uganda pays a courtesy visit to the Secretariat

Fri, 31 Mar 2023 19:19:36 +0200

On 30 March 2023, the Ugandan Parliament’s Delegation led by Honourable Thomas Tayebwa, Deputy Speaker of the Parliament and comprised of the Chairmen of several Committees and members of the Parliament, visited the Energy Charter Secretariat (ECS) to meet with the Secretary-General, Mr Guy Lentz and the Deputy Secretary-General, Ms Atsuko Hirose. Several ECS staff members also participated in the meeting. The Secretary-General updated the Deputy Speaker on recent developments, including the modernisation of the Energy Charter Treaty, and presented the main streams of the Secretariat’s work. In turn, the Deputy Speaker and the members of the Delegation shared their views on pathways for the economic and social development of the country in general and the improvement of the energy sector in particular. The parties discussed the potential involvement of Uganda in ongoing and future projects of the Secretariat. The Secretary-General and Mr Tayebwa agreed to enhance cooperation between the Government of Uganda and the Secretariat, including considering proposals for joint activities and exploring various areas of cooperation. In 2015, Uganda signed the International Energy Charter political declaration and became an Observer of the Energy Charter Conference. Uganda participated in all editions of the Energy Investment Risk Assessment (EIRA), the Secretariat’s flagship publication since its initial official launch in 2018. The EIRA report aims to assist governments in identifying and reducing legal and regulatory risks to investments in the energy sector. Recognising the value of this report, the Ministry of Energy and Mineral Development of Uganda has confirmed its participation in the EIRA assessment in 2023.

Ukrainian Task Force completes the Eighth Ukrainian Energy Sector Damage Assessment Report

Tue, 28 Mar 2023 14:08:25 +0200

The Eighth Ukrainian Energy Sector Damage Assessment report is now available online. The report outlines new and updated information on how the war affected the Ukrainian energy system and covers damages inflicted on all energy sector facilities by the invading Russian military forces since February 24, 2022, and key changes in the Ukrainian energy sector from February 25 to March 24, 2023. The report was prepared by the Task Force under the project, “Cooperation for Restoring the Ukrainian Energy Infrastructure”, which is funded by the European Commission and implemented by the Energy Charter Secretariat.

Deputy Secretary-General attends a Bangladesh event on the day of observance

Tue, 28 Mar 2023 11:04:56 +0200

On 25 March 2023, Deputy Secretary-General, Ms. Atsuko Hirose, attended an event hosted by H.E. Mr. Mahbub Hassan Saleh, Ambassador of the People’s Republic of Bangladesh to the Kingdom of Belgium, Grand Duchy of Luxembourg and the European Union, to observe the “Genocide Day” of Bangladesh. The Bangladesh Genocide of 1971, the biggest massacre after the Second World War, is not yet recognized by the international community. The event marked the continuing efforts of Bangladesh to familiarise the international community with the history of birth of Bangladesh and the genocide suffered in 1971.

The Secretariat holds the Coordination Meeting for Restoring the Ukrainian Energy Infrastructure

Mon, 27 Mar 2023 10:54:18 +0200

On 24 March 2023, the UA Task force members established within the Energy Charter Secretariat under the project, “Cooperation for Restoring the Ukrainian Energy Infrastructure” held the Fifth Coordination Meeting. The meeting gathered representatives of the Ministry of Energy of Ukraine, the European Commission, the Danish Energy Agency, the Embassy of the United Kingdom in Ukraine, the Energy Community Secretariat, the German-Ukrainian Energy Partnership, the Japan International Cooperation Agency, the United Nations Economic Commission for Europe (UNECE), Ukrainian NGOs and think tanks, and other stakeholders. The event was opened by Yaroslav Demchenkov, Deputy Minister of Energy of Ukraine who briefed the participants about the Ministry’s activities related to restoring the Ukrainian energy infrastructure. Mr Farid Safarov, Deputy Minister of Energy of Ukraine for Digital Development, Digital Transformations and Digitalization also updated international stakeholders on mechanisms to ensure efficient coordination and utilization of the support, in particular on "AidEnergy" - a new energy humanitarian aid distribution platform. The Coordination Meetings have already become an efficient platform for sharing information on the current activities, deliverables and further plans between the stakeholders, aimed at helping the Ukrainian energy sector to keep its proper operation in current challenging wartimes, as well as preparing the ground for complex post-war recovery of the energy system of Ukraine. The general objective of the project “Cooperation for Restoring the Ukrainian Energy Infrastructure” is to assist the Government of Ukraine in the cost-effective restoration of energy infrastructure, taking into account the clean energy transition while ensuring energy security. The project is funded by the European Commission and implemented by the Energy Charter Secretariat.

Written notifications of withdrawal from the Energy Charter Treaty

Wed, 22 Mar 2023 12:02:56 +0100

The Depositary of the Energy Charter Treaty (ECT), Portugal, has confirmed reception of three written notifications of withdrawal from the ECT, which shall take effect on the following dates: France: 8 December 2023 Germany: 21 December 2023 Poland: 29 December 2023 According to Article 47(3) of the ECT, all the investments covered by the Treaty at the time a withdrawal takes effect, will continue enjoying protection for 20 years. The Secretariat is not aware of any other notification of withdrawal from the ECT being received by the Depositary.

Germany denies advantages of Part III under Article 17 of the ECT

Fri, 17 Mar 2023 15:51:05 +0100

On 17 March 2023, the Energy Charter Secretariat received a communication from Germany exercising its right under Article 17 of the Energy Charter Treaty (ECT) to deny advantages of Part III of the ECT to any legal entity owned or controlled by citizens or nationals of the Russian Federation and without any substantial business activities, as well as to Investments of Investors of the Russian Federation.

Representative of the Jordanian Acting Chairmanship visits the Secretariat

Wed, 15 Mar 2023 15:33:19 +0100

On 14 March 2023, Engineer Shorouq Abdel Ghani, Director of the Planning and Organisational Development Directorate of the Ministry of Energy and Mineral Resources of the Hashemite Kingdom of Jordan, accompanied by Mr Moatasem Al Basheer from the Jordanian Embassy in Brussels, visited the Energy Charter Secretariat to meet with the Secretary-General Mr Guy Lentz and the Deputy Secretary-General, Ms Atsuko Hirose. The Secretary-General discussed with Eng. Abdel Ghani the cooperation between Jordan and the Secretariat during the year 2023, the priorities of Jordan's acting Chairmanship of the Energy Charter Conference, and the preparations for the upcoming subsidiary group meetings in April 2023. Eng. Abdel Ghani also met with several officials of the Secretariat and discussed with them a number of issues of interest to Jordan, including Jordan's participation in the Energy Investment Risk Assessment (EIRA) Report and the In-Depth Energy Efficiency Report for the year 2023.

Fifth Report on Key Legal Developments in Ukraine's Energy Sector completed by the Ukrainian Task Force

Mon, 13 Mar 2023 17:11:20 +0100

The Fifth Report on Key Legal Developments in Ukraine's Energy Sector is now available online. The fifth edition outlines the key legal developments from 21 January 2023 to 24 February 2023, followed by a concise but comprehensive overview of key legislative and regulatory changes introduced for the duration of martial law and as a part of ongoing energy sector reforms in Ukraine, from 24 February 2022 to 24 February 2023. Since the full-scale military aggression by the Russian Federation was launched on 24 February 2022, Ukraine has implemented various coping mechanisms to manage the energy crisis related to the damaged energy infrastructure. This report outlines such coping strategies and emergency response mechanisms employed via legislative and regulatory changes, which also forms a part of ongoing energy sector reforms in Ukraine. The document was developed by a Ukrainian law firm in cooperation with the Task Force under the project, “Cooperation for Restoring the Ukrainian Energy Infrastructure”, which is funded by the European Commission and implemented by the Energy Charter Secretariat.

International Energy Charter Annual Report 2022

Tue, 07 Mar 2023 17:12:58 +0100

The Energy Charter Secretariat published the Annual Report 2022. The Report summarises the activities throughout the year and highlights the Mongolian Chairmanship of the Energy Charter Conference.

Secretary-General addresses Belgium’s House of Representatives

Wed, 01 Mar 2023 11:40:38 +0100

On 28 February, Secretary-General Lentz attended a meeting at the House of Representatives of the Belgian Federal Parliament at the invitation of the Committee on Energy, Climate and Environment. In his intervention on the proposed motion for resolution on the Energy Charter Treaty (ECT) before the House of Representatives, the Secretary-General clarified the outcome of the negotiations on the modernisation of the ECT and the implications of postponing the adoption of the proposed text. In particular, the Secretary-General stressed that - The “Flexibility Mechanism” in the modernised ECT directly implements the Paris Agreement and the principle of “Common But Differentiated Responsibilities” by allowing the Contracting Parties to pursue net zero goals considering their developmental goals. The Flexibility Mechanism in the modernised text would allow the EU to exclude protection for fossil fuel-related investments: no other investment protection agreement includes a similar mechanism. Furthermore, the European Commission has confirmed that the modernised text brings the ECT in line with EU’s energy and climate objectives, including the Paris Agreement. - The modernised text fully solves any issues that the EU might have had with investment arbitration under the ECT: EU investors would not be allowed to initiate cases against the EU Member States. - The ECT may not substitute insurance policy for investors: political risks insurance and investment protection under an investment protection agreement have different coverage and purpose, and the insurance policy does not prevent arbitration with a host country. - Postponing or not adopting the modernised ECT would extend the protection of fossil fuel-related investments, and deprive the Contracting Parties of legal certainty that the ECT does not apply in the intra-EU context and that they may phase out investment protection for fossil fuel-related investments without the risks of investment arbitration. Further clarifications provided to the Committee can be found in the letter of the Secretary-General in French and English (unofficial translation).

Ukrainian Task Force completes the Seventh Ukrainian Energy Sector Damage Assessment Report

Wed, 01 Mar 2023 11:13:48 +0100

The Seventh Ukrainian Energy Sector Damage Assessment report is now available online. The report outlines new and updated information on how the war affected the Ukrainian energy system and covers damages inflicted on all energy sector facilities by the invading Russian military forces since February 24, 2022 and key changes in the Ukrainian energy sector from January 25 to February 24, 2023. The report was prepared by the Task Force under the project, “Cooperation for Restoring the Ukrainian Energy Infrastructure”, which is funded by the European Commission and implemented by the Energy Charter Secretariat.

Clarifications on the resolution of the European Parliament on the outcome of the modernisation of the Energy Charter Treaty

Wed, 15 Feb 2023 17:03:52 +0100

On 14 February 2023, the Secretary-General communicated to the European Parliament several clarifications to the resolution of the Parliament on the outcome of the modernisation of the Energy Charter Treaty (ECT). The original letter can be found in English, as well as in French and German (unofficial translations). Among other aspects, the communication clarifies that: - The Intergovernmental Panel on Climate Change did not mention in its 2022 report on climate change mitigation that the ECT is ‘a serious obstacle to climate change mitigation’. On the contrary, the report considers the modernisation of the ECT as part of the ongoing reform processes incorporating climate change. The modernised ECT introduces a stand-alone provision on the Paris Agreement (reaffirming the respective rights and obligations) and a flexibility mechanism based on the principle of ‘Common But Differentiated Responsibilities’ underpinning the Paris Agreement. - The European Commission acknowledged in October 2022 that the amendments will effectively bring the ECT in line with EU’s modern standards of investment protection and energy and climate objectives, including the Paris Agreement. - As mentioned in the resolution, EU Member States have many bilateral investment treaties (BITs) that protect fossil fuels and include investment arbitration (ISDS); also, the new international investment agreements of the EU (such as CETA) do not exclude fossil fuels and do not contain a provision on the Paris Agreement. If, for coherence purposes, the EU and its Member States have to withdraw from those agreements instead of reviewing them, how will the ‘acceleration of global investments in clean energy’ be protected? - The ECT is not only an investment protection agreement but contains trade provisions with some non-WTO members, such as Azerbaijan and Turkmenistan, as well as relevant transit provisions (which are reflected in the Association Agreement with Ukraine and the Partnership Agreement with Azerbaijan) - The postponement by the EU of the adoption of the modernised ECT results in (i) no express confirmation that the ECT does not apply intra-EU (express disconnecting clause included in the modernised ECT); (ii) the prohibition to non-EU Contracting Parties from better aligning their ECT obligations with the Paris Agreement and (ii) the extension of the investment protection to new fossil fuels investments in the EU (while the modernised ECT would not protect fossil fuels investments made after 15 August 2023).

The Secretariat Welcomes Three Ukrainian Seconded Experts

Fri, 10 Feb 2023 14:53:33 +0100

On February 9, 2023, the Secretary-General, Mr Guy Lentz, welcomed the three Ukrainian secondees to the Energy Charter Secretariat (ECS) and outlined the planned activities of the Task Force established within the project “Cooperation for Restoring the Ukrainian Energy Infrastructure” for the next six months. Ms Viktoria Ruzhenkova, State Expert of the Expert Group for European and Euroatlantic Integration of the Directorate for Strategic Planning and European Integration, Ms Zalina Kriukova, Chief Specialist of the Unit for Communication and Media Relations of the Department of Communications and Mr Ivan Levchenko, Head of Unit for International Technical Assistance and Cooperation with International Organizations and EU Countries of the Department for International Affairs of the Ministry of Energy of Ukraine will continue coordinating, supporting and facilitating planned activities of the Task Force, established in the ECS on 01 August 2022. The parties discussed potential new activities and the efficient continuation of the following Task Force activities during the period February – July 2023: - Development of regular reports on “Ukrainian Energy Sector Evaluation and Damage Assessment”; - Regular update and dissemination of the Coordination Matrix of activities related to the restoration of the Ukrainian energy infrastructure; - Development of regular reports on “Key Legislative Changes Addressing the Negative Impact of the War and the Energy Crisis Related to the Damaged Energy Infrastructure In Ukraine”; - Implementation of regular Coordination Meetings with the participation of representatives from the Ukrainian Ministries, foreign governments, international organisations, NGOs and think tanks. The overall objective of the project "Cooperation for Restoring the Ukrainian Energy Infrastructure" is to assist the Government of Ukraine in the cost-effective restoration of energy infrastructure, taking into account the clean energy transition while ensuring energy security. The project is funded by the European Commission and implemented by the Energy Charter Secretariat.

“Cooperation for Restoring the Ukrainian Energy Infrastructure” - Ukrainian Task Force Final Report

Tue, 07 Feb 2023 14:02:02 +0100

Upon the successful completion of the secondment programme at the Energy Charter Secretariat, the final report of the Task Force established within the project “Cooperation for Restoring the Ukrainian Energy Infrastructure” is now available online. The final report outlines the activities, deliverables and achievements of the Task Force from 1 August 2022 to 31 January 2023. The overall objective of the project "Cooperation for Restoring the Ukrainian Energy Infrastructure" is to assist the Government of Ukraine in the cost-effective restoration of energy infrastructure, taking into account the clean energy transition while ensuring energy security. The project is funded by the European Commission and implemented by the Energy Charter Secretariat.

Secretariat thanks five Ukrainian Seconded Experts for their contribution to the project “Cooperation for Restoring the Ukrainian Energy Infrastructure”

Mon, 30 Jan 2023 15:01:17 +0100

The Secretary-General, Mr Guy Lentz, expressed sincere gratitude to five Ukrainian experts for their dedication to the work of the Task Force established within the project “Cooperation for Restoring the Ukrainian Energy Infrastructure”, and congratulated them on the successful completion of secondment programmes at the Energy Charter Secretariat. From 01 August 2022 to 31 January 2023, Ms Inna Slobodian; Deputy Head of the Department – Head of the Division on the Bilateral Cooperation and International Treaties, Department for International Affairs, Ms Yevheniia Nimak; State Expert of the Expert Group for European and Euroatlantic Integration of the Directorate for Strategic Planning and European Integration, Mr Vladyslav Maksakov; State Expert of Expert Group for Renewable Electricity Development of the Directorate for Power Sector and Electricity Market Development, Mr Ievgen Rossikov; State Expert of Expert Group for State Programs and Formation of Energy-Efficient Behavior of the Final Energy Consumers of the Directorate for Energy and Resource Efficiency Policy Formation, and Mr Oleksandr Laktionov; Head of the Strategic Projects and Programs of the Strategic Planning Department, National Joint Stock Company «Naftogaz of Ukraine» successfully contributed to the following deliverables of the Task Force: - development and regular update of the “Ukrainian Energy Sector Evaluation and Damage Assessment” reports; - development and regular update of the Coordination Matrix of activities related to the restoration of the Ukrainian energy infrastructure; - establishing and regularly conducting Coordination Meetings with the participation of representatives from the Ukrainian Ministries, foreign governments, international organisations, NGOs and think tanks. The Coordination Meetings aim to have efficient coordination of all current and future activities related to the restoration of the Ukrainian energy infrastructure; - development and regular update of “Report on Key Legislative Changes Addressing the Negative Impact of the War and the Energy Crisis Related to the Damaged Energy Infrastructure In Ukraine”; - contribution to the development of the Ukraine Recovery Plan and providing recommendations to the Government of Ukraine on the post-war recovery and synchronization of energy strategies; - conducting webinars, round tables and other events related to the Task Force activities. The Energy Charter Secretariat wishes the Ukrainian colleagues a safe return to Ukraine, the soonest victory and the best of luck in all their future endeavours. The overall objective of the project "Cooperation for Restoring the Ukrainian Energy Infrastructure" is to assist the Government of Ukraine in the cost-effective restoration of energy infrastructure, taking into account the clean energy transition while ensuring energy security. The project is funded by the European Commission and implemented by the Energy Charter Secretariat.

Fourth Report on Key Legal Developments in Ukraine's Energy Sector completed by the Ukrainian Task Force

Fri, 27 Jan 2023 17:08:09 +0100

The Fourth Report on Key Legal Developments in Ukraine's Energy Sector is now available online. The fourth edition outlines the key legal developments from 20 December 2022 to 20 January 2023, followed by a concise but comprehensive overview of key legislative and regulatory changes introduced for the duration of martial law and as a part of ongoing energy sector reforms in Ukraine, from 24 February to 20 January 2023. Since the full-scale military aggression by the Russian Federation was launched on 24 February 2022, Ukraine has implemented various coping mechanisms to manage the energy crisis related to the damaged energy infrastructure. This report outlines such coping strategies and emergency response mechanisms employed via legislative and regulatory changes, which also forms a part of ongoing energy sector reforms in Ukraine. The document was developed by a Ukrainian law firm in cooperation with the Task Force under the project, “Cooperation for Restoring the Ukrainian Energy Infrastructure”, which is funded by the European Commission and implemented by the Energy Charter Secretariat.

Ukrainian Task Force completes the Sixth Ukrainian Energy Sector Damage Assessment Report

Fri, 27 Jan 2023 12:56:38 +0100

The Sixth Ukrainian Energy Sector Damage Assessment report is now available online. The report outlines new and updated information on how the war affected the Ukrainian energy system and covers damages inflicted on all energy sector facilities by the invading Russian military forces since February 24, 2022 and key changes in the Ukrainian energy sector since December 21, 2022 and January 24, 2023. The report was prepared by the Task Force under the project, “Cooperation for Restoring the Ukrainian Energy Infrastructure”, which is funded by the European Commission and implemented by the Energy Charter Secretariat.

Ukrainian Task Force co-organises the Round Table on the Oil & Gas Methodologies of Damage and Loss assessment

Wed, 25 Jan 2023 18:34:45 +0100

On 25 January 2023, the Task Force established within the Energy Charter Secretariat under the project "Cooperation for Restoring the Ukrainian Energy Infrastructure,"  in partnership with the Kyiv School of Economics (KSE), held the Round Table "Assessment Methodologies of Damages and Losses in the Oil & Gas Sector Due to Russia's Military Aggression." During the Round Table, participants discussed the proposals for improving damage and loss assessment methodology in the Ukrainian oil and gas sector. Among other aspects, a representative of the Ukrainian Transmission System Operators (TSOs), PJSC "National Energy Company "Ukrenergo," shared with the participants the TSOs’ best practice and tools for documenting and assessing the damages resulting from the hostilities. The event gathered more than 50 participants, including the representatives of the World Bank, Ukrainian oil & gas companies, associations, consulting and evaluation companies. The main goal of the event was the application of the same methodologies and figures related to damage calculation and assessment of investments needed to restore the Ukrainian energy infrastructure by Ukrainian authorities and international organisations. This is the third Round Table dedicated to damages and losses assessment. In December 2022 and January 2023, the Task Force  in partnership with the Kyiv School of Economics (KSE) already held two event dedicated to the power and renewable energy sectors. The overall objective of the project "Cooperation for Restoring the Ukrainian Energy Infrastructure" is to assist the Government of Ukraine in the cost-effective restoration of energy infrastructure, taking into account the clean energy transition while ensuring energy security. The project is funded by the European Commission and implemented by the Energy Charter Secretariat.

The Ambassador of the Kyrgyz Republic pays a courtesy visit to the Secretariat

Tue, 24 Jan 2023 18:19:43 +0100

On 24 January 2023, H.E. Mr Aidit Erkin, the newly appointed Ambassador Extraordinary and Plenipotentiary of the Kyrgyz Republic to the Kingdom of Belgium and Head of the Mission to the European Union, visited the Energy Charter Secretariat to meet with the Secretary-General Mr Guy Lentz and the Deputy Secretary-General Ms Atsuko Hirose. The Secretary-General updated the Ambassador on recent developments, including the modernisation of the Energy Charter Treaty. Ambassador Erkin briefed on the energy security challenges Kyrgyzstan and other countries of Central Asia are facing this winter, which require an accelerated transition to sustainable energy. The Ambassador and the Secretary General also discussed further steps to strengthen cooperation between the Kyrgyz Republic and the Secretariat, including the upcoming Ad Hoc Meeting of the Energy Charter Conference, Energy Investment Risk Assessment (EIRA) project and regional energy cooperation in Central and South Asia.

The Secretariat holds the Fourth Coordination Meeting for Restoring the Ukrainian Energy Infrastructure

Mon, 23 Jan 2023 11:52:35 +0100

On 19 January 2023, the UA Task force members established within the Energy Charter Secretariat under the project, “Cooperation for Restoring the Ukrainian Energy Infrastructure,” held the Fourth Coordination Meeting. The meeting gathered representatives of the Ministry of Energy of Ukraine and European Commission, German-Ukrainian Energy Partnership, Japan International Cooperation Agency, Ukrainian NGOs and think tanks, and other stakeholders. The event was opened by Secretary General Mr Guy Lentz and Deputy Director General of the Directorate for Strategic Planning and European Integration, Mr Oleksandr Tarasenko. During the meeting, the parties shared their targeted activities for 2023 year and expected deliverables related to restoring the Ukrainian energy infrastructure. Dr Oleksandr Antonenko, Energy Efficiency, Climate & Renewable Energy Official of the Secretariat, informed the participants about the Task Force’s activities and recent deliverables developed since the previous Coordination Meeting held on 9 December 2022. The parties also agreed to continue the coordination meetings on a regular basis in 2023. The general objective of the project “Cooperation for Restoring the Ukrainian Energy Infrastructure” is to assist the Government of Ukraine in the cost-effective restoration of energy infrastructure, taking into account the clean energy transition while ensuring energy security. The project is funded by the European Commission and implemented by the Energy Charter Secretariat.