Energy Charter News

Launch of the 3rd Energy Investment Risk Assessment Report #EIRA2020

Fri, 11 Sep 2020 17:00:00 +0200

The Energy Charter Secretariat is pleased to present the third edition of its flagship publication ─ Energy Investment Risk Assessment (#EIRA2020). The report evaluates legal and regulatory risks to energy investments in 30 countries spanning Africa, Asia, the Americas, and Europe. Due to the COVID-19 outbreak, #EIRA2020 will be launched virtually through Zoom on 6 October 2020 at 10:00 am (CET). The presentation of #EIRA2020 will be followed by interventions from high-level speaker representing governments, the energy industry, legal experts, international financial institutions, and academia. The agenda is under development, and the final version will be shared well in advance of the event. The preliminary agenda is available here. You are invited to confirm your participation in the #EIRA2020 launch by registering here. You will receive instructions on how to join the launch in a subsequent e-mail after the registration. Please keep the instructions and access password confidential. Should you have any queries, please contact the EIRA team (eira@encharter.org). For more information on EIRA, please visit our website https://eira.energycharter.org/

Public communication on the second negotiation round on the modernisation of the ECT / Публичное сообщение о втором раунде переговоров по модернизации ДЭX

Fri, 11 Sep 2020 16:00:00 +0200

On 8-11 September 2020, the Second Negotiation Round on the modernisation of the Energy Charter Treaty (ECT) was held by videoconference1. Taking into account the list of agreed topics for modernisation of the Energy Charter Treaty (see Conference Decision CCDEC 2018 18) and the suggested policy options for modernisation of the ECT (see Conference Decision CCDEC 2019 08), the Modernisation Group has discussed this Round the following topics: • Transit Definition of ‘transit’ Access to infrastructure (including denial of access and available capacities) Definition and principles of tariff setting • Sustainable development and corporate social responsibility • Dispute settlement Frivolous claims Security for costs Third party fundingTransparency Valuation of damages • Remaining topics from the previous negotiation round The Modernisation Group discussed the aforementioned issues on the basis of text proposals submitted by the delegations. The goal of this Round was to explain and clarify the proposals and find common ground for the discussion without prejudice to any delegation’s final position. The discussion on ‘Transit’ was based upon comments submitted by delegations pertaining to possible amendments of Article 7 ECT. These initial considerations focused in particular on the possible modification of the definition of “transit” with a view to reflecting recent developments. It was also suggested to introduce new language to clarify the main principles of tariff setting for the transit of energy resources, and on access to existing infrastructure, as well as grounds for denying this access. In connection with ‘Sustainable development and corporate social responsibility’, delegations considered objectives related to sustainable development, environment, climate change and corporate social responsibility. The discussions included comments and proposals on the right to regulate, relevant multilateral environmental agreements, climate change and the clean energy transition such as the Paris Agreement, international standards of labour protection, responsible business practices, the conduct of environmental impact assessment and good governance (transparency). During the deliberations on ‘Dispute Settlement’, several delegations took the view that a modernised ECT should reflect modern trends in treaty practice pertaining to the topics encompassed in the list of topics for modernisation of the Energy Charter Treaty (CCDEC2018 18), including discussions taking place in UNCITRAL and ICSID. Some delegations presented proposals to ensure the expedited disposal of unmeritorious and/or abusive claims and to avoid costs linked to the litigation of such claims. An initial discussion took place on proposals to regulate the issues of Security for costs and Third Party Funding in the context of the Energy Charter Treaty. It was generally felt that the Modernisation Group should further explore the possibility of increasing transparency in investor-State dispute settlement. The Group discussed if and to what extent the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration could be integrated. Some delegations stressed the need for maintaining a balance between transparency on the one hand, and other legitimate interests on the other. Discussions also took place on a proposal to regulate interventions by non-disputing parties and third parties to cases under the ECT. The Modernisation Group also had a preliminary discussion on questions relating to the valuation of damages. Under the item ‘Remaining topics from previous negotiation round’, delegations availed themselves of the possibility to seek clarifications on comments and proposals discussed during the first round of negotiations (6-9 July 2020; see Public Communication). In this context, inter alia, a provision on Public Debt was discussed. The Third Negotiation Round will take place by videoconference on 3-6 November 2020. The Modernisation Group envisages to address the following topics: Pre-investmentREIOObsolete provisions Remaining topics from previous negotiation rounds. After the third round, the Modernisation Group will present a first progress report to the Energy Charter Conference. No consensus was reached on a request by one delegation to discuss a broader reform of ISDS beyond the list of topics for modernisation (CCDEC2018 18). 1 On 6 November 2019 (see Conference Decision CCDEC 2019 10), the Energy Charter Conference established and mandated the Modernisation Group to start negotiations on the modernisation of the Energy Charter Treaty, with a view to conclude negotiations expeditiously. The First Negotiation Round on the Modernisation of the Energy Charter Treaty took place on 6-9 July 2020. To download the English Version Скачать русскую версию

EU4Energy – Natural Gas Market Reforms in Belarus

Mon, 27 Jul 2020 09:55:33 +0200

On 23 July 2020 experts of the EU4Energy Project held an online meeting on natural gas market reforms in the Republic of Belarus. From Minsk the meeting was attended by representatives of the Ministry of Energy and “Beltopgaz”. Prior to the meeting the comprehensive Report on Natural Gas Market Reform was submitted to the Ministry of Energy for consideration and comments. During the meeting discussion went around the main findings of the Report, comparative analysis of Belarus, EAEU and EU gas markets, and touched upon the most challenging issues for potential gas market reforms in Belarus. In particular, these issues included the choice of appropriate gas market model, problems of third party access, unbundling measures, development of regulation on gas pricing, guaranty of uninterrupted transit and security of supply, energy trading, role of supranational sectoral bodies. Number of recommendations were presented which could guide Belarus experts through the process of future market reforms. Belarus experts expressed their appreciation for the cooperation on this activity with the EU4Energy Project team and exceptional work accomplished by the international expert. It was also mentioned that the Report was submitted very much on time and helped in preparation of the document on gas market reform proposal which was presented to the Cabinet of Ministers for consideration.

Modernisation of the Energy Charter Treaty: The Long Story Told Short

Thu, 23 Jul 2020 15:09:39 +0200

As part of the general discussion, Kluwer Arbitration Blog has launched a week-long series offering different perspectives on the ECT Modernisation Process. The series was opened by an introductory post of the Secretary-General of the International Energy Charter, Dr Urban Rusnák, setting the scene and the historical background leading to the current negotiations. “I am convinced that the Contracting Parties will be able to raise the common denominator to make the Energy Charter Treaty 2.0 fit for its purpose for the next 25 years, enabling energy cooperation during the ongoing energy transition and strengthening the level playing field. A modernised ECT would be, without any doubt, attractive to many newcomers and will lead to the gradual acceptance of its principles and rules as an ultimate universal standard for international energy cooperation for the 21st Century.” The full text can be read in this link

In Memoriam: Mr. Yagshigeldy Kakayev, former Chair of the Energy Charter Conference

Mon, 13 Jul 2020 12:54:50 +0200

The Energy Charter Secretariat was very saddened to learn about the passing away of Mr. Yagshigeldy Kakayev, a former Chair of the Energy Charter Conference during Turkmenistan’s Chairmanship in 2017. Mr. Kakayev, who held the position of an advisor on oil and gas matters to the President of Turkmenistan, was known as a prominent Turkmen statesman and a long-term high-profile member of the Turkmenistan Government. For many years he was a very active figure in the oil and gas sector of the country having served as Chairman of the Turkmengaz State Concern, Director of the State Agency for the Management and Use of Hydrocarbon Resources, and Vice-Premier supervising the sector. He was also representing Turkmenistan in negotiations concerning pipelines and other prolific energy-related initiatives in the region. At his time as the Chair of the Energy Charter Conference, he was remembered for his professional and sincere approach and wise guidance. Mr. Kakayev passed away in Ashgabat, Turkmenistan at the age of 61. The Secretariat expresses its most sincere condolences to his family and colleagues in Turkmenistan

A Video Call Held with the Chair of the Energy Charter Conference

Fri, 10 Jul 2020 15:56:00 +0200

On 3 July, the Secretary General of the Energy Charter held a videoconference call with His Excellency Mr Parviz Shahbazov, Minister of Energy of Azerbaijan and Chair of the Energy Charter Conference this year. Keeping in line with the tradition of regular update and communication, the parties discussed a number of matters relevant to both the Chairmanship and the current activities within the Energy Charter Process. In particular, H.E. Minister Shahbazov was updated on the recent meetings of subsidiary bodies and the upcoming week of the first round of negotiations on modernisation. Further, the parties engaged in a discussion regarding current and future planning of the Azerbaijan Chairmanship in light of the pandemic, namely the December Statutory Conference and Ministerial Session as well as other potential events linked to the Chairmanship. It was stated that Azerbaijan, both as Chairing country and a Contracting Party was following closely all events and meetings and developing its position.

Public Communication on the First Negotiation Round on the Modernisation of the ECT /Публичное сообщение о первом раунде переговоров по модернизации ДЭХ

Fri, 10 Jul 2020 15:16:04 +0200

Investor-State Mediation: An Expert Roundtable 17 July (online)

Sat, 27 Jun 2020 12:15:28 +0200

The Energy Charter Secretariat (ECS), together with the International Centre for Settlement of Investment Disputes (ICSID), the International Mediation Institute (IMI), the Singapore International Mediation Institute (SIMI), the Centre for Effective Dispute Resolution (CEDR) and UNCITRAL are organizing an expert roundtable on investment mediation.

Industry Advisory Panel welcomes SolarPower Europe as its newest member

Fri, 19 Jun 2020 09:02:21 +0200

On 19 June 2020, the International Energy Charter Industry Advisory Panel (IAP) welcomed SolarPower Europe as its newest member. SolarPower Europe represents over 200 upstream and downstream organisations from the entire solar value chain. The aim of the organisation is to shape the regulatory environment and enhance business opportunities for solar power in Europe and to ensure that solar energy is the leading contributor to the Europe's energy system. SolarPower Europe's mission is to shape the regulatory environment to promote the growing market opportunity for solar in Europe. The Industry Advisory Panel is the expert consultative body to the Energy Charter Conference, providing policy advice from energy companies, international business associations and financial institutions on energy investment and the functioning of energy markets. The Panel includes members from all sectors of the energy industry and from a wide range of Member and Observer countries to the Energy Charter Treaty.

A new Energy Charter Treaty as a complement to the Paris Agreement

Thu, 18 Jun 2020 14:50:07 +0200

As part of the ongoing public discussion on the Energy Charter Treaty and its role in the energy transition the Secretary General Dr. Urban Rusnak of the International Energy Charter was approached by Karel Beckman for an interview for the www.borderlex.eu portal. The full text can be read in the pdf link below: A new Energy Charter Treaty as complement to the Paris Agreement

Updated statistics on investment arbitration cases under the Energy Charter Treaty

Fri, 05 Jun 2020 10:13:40 +0200

Information about the claims has been compiled on the basis of public sources, including specialised reporting services. Since 2001, when the first case invoking the Energy Charter Treaty (ECT) was registered, the Energy Charter Secretariat tracked 130 publicly known investment arbitration cases where the ECT was invoked (sometimes together with a bilateral investment treaty). The ECT remains the most frequently invoked international investment agreement. The Secretariat welcomes any additional information or clarification on specific cases at legalaffairs@encharter.org.

Video Conference with Armenia the upcoming Energy Charter Conference Chairmanship in 2021

Thu, 04 Jun 2020 16:44:44 +0200

On 4 June 2020, the Energy Charter Secretariat held a video conference with the Ministry of Territorial Administration and Infrastructure of the Republic of Armenia which will be acting as the entity in charge of the Energy Charter Conference in next year. Mr Hakob Vardanyan, Deputy Minister of Territorial Administration and Infrastructure and Vice-Chair of the 2021 Conference, who led the conference call, was joined by Mr Tigran Melqonyan, the Head of Energy Department. The Secretariat’s team was led by the Secretary-General Dr. Urban Rusnak and included officials from the legal, energy efficiency and investment units, and the EU4Energy Programme.

Energy Charter Video Conference with the Azerbaijan Chairmanship

Fri, 15 May 2020 14:58:59 +0200

On 14 May 2020, the Energy Charter Secretariat held a video conference with the Ministry of Energy of the Republic of Azerbaijan which is also acting as the entity in charge of the Energy Charter Conference this year. Mr Samir Valiyev, Deputy Minister of Energy and Vice-Chair of the Conference, who led the conference call, was joined by the Ministry officials representing its legal department, the departments of international cooperation, energy efficiency and oil and gas. The Secretariat’s team was led by the Secretary-General and included officials from the legal, transit, energy efficiency units and the EU4Energy Programme.

Uzbekistan joins the Investment Facilitation Toolbox Webinar

Mon, 04 May 2020 08:30:32 +0200

On 29 April 2020, the Energy Charter Secretariat hosted a technical webinar with the Republic of Uzbekistan on the implementation of the Investment Facilitation Toolbox. Participation included the Energy Charter Secretary-General Dr Urban Rusnák, Mr Jurabek Mirzamakhmudov (First Deputy Minister of Energy of the Republic of Uzbekistan) and Amb Dilyor Khakimov (Ambassador Extraordinary and Plenipotentiary of the Republic of Uzbekistan to the Kingdom of Belgium)

The Energy Charter and Turkmenistan hold high-level meeting

Thu, 30 Apr 2020 09:12:21 +0200

On 28 April 2020, the Energy Charter Secretariat, headed by the Secretary General, held a video conference call with high representatives of the Turkmenistan government led by Mr Y Kakayev, Special Advisor to the President of Turkmenistan on oil and gas matters and by Mr Berdiniyaz Matiyev, Deputy Minister of Foreign Affairs. Other participants included Deputy Ministers of Finance, Justice, and Energy, and Deputy Chairmen of Turkmengaz and Turkmenneft State Concerns. The conference call was organised at the initiative of Turkmenistan, to render an opportunity to get updated on issues related to energy and Energy Charter Process.

Energy Charter video-conference with Central Asian Ambassadors

Tue, 28 Apr 2020 10:59:51 +0200

On 27 April 2020, the International Energy Charter organised a video-conference to discuss recent developments in Central Asia. Participants included HE Ambassador of the Republic of Kazakhstan Ms Aigul Kuspan, HE Ambassador of the Kyrgyz Republic Mr Muktar Djumaliev, HE Ambassador of the Republic of Tajikistan Mr Erkinkhon Rahmatullozoda, HE Ambassador of Turkmenistan Mr Chary Atayev, HE Ambassador of the Republic of Uzbekistan Mr Dilyor Khakimov and the Secretary General Dr Urban Rusnák.

EU4Energy Webinar – Energy Efficiency in Buildings, Armenia

Wed, 22 Apr 2020 14:31:38 +0200

On 22 April 2020, a technical webinar was organised, in the framework of the EU4Energy support, to developing a consistent energy performance of building calculation methodology in Armenia. The main task of the project is to support the Ministry of Territorial Administration and Infrastructure of Armenia in developing a sound regulatory framework for the energy performance of buildings in line with EU best practices.

International Energy Charter 2019 Annual Report

Thu, 02 Apr 2020 13:39:23 +0200

The Energy Charter Secretariat has published the Annual Report for 2019. The Report summarises the activities throughout the year and highlights the Albanian Chairmanship of the Energy Charter Conference.

Energy Efficiency Policies of Azerbaijan Reviewed

Wed, 25 Mar 2020 12:23:37 +0100

The Energy Charter Secretariat is pleased to announce that the In-Depth Review of the Energy Efficiency Policy of the Republic of Azerbaijan is now available on our website. The In-Depth Review was prepared in 2019 by the Secretariat in cooperation with the Ministry of Energy of Azerbaijan and the final recommendation of the report was approved by the Energy Charter Conference in December 2019. The In-depth Energy Efficiency Reviews have a standard format and are broad in scope, analyse the economic and energy context of the country, patterns of energy use, energy efficiency policies and institutional frameworks.

Industry Advisory Panel appoints a new Chair

Tue, 24 Mar 2020 11:21:55 +0100

On 3 March 2020 in Tirana, Albania, the International Energy Charter Industry Advisory Panel (IAP) met for its 43rd meeting. During the meeting, Mr Rafael Cayuela Valencia, Corporate Chief Economist of Dow Chemical, was presented as the company’s candidate for the position of the IAP Chair. Following a written procedure, the IAP established Mr Cayuela as the new Chair and as of 24 March 2020, he immediately takes up the post.