Energy Charter News

Energy Investment Risk Assessment - EIRA 2020

Fri, 13 Nov 2020 20:30:30 +0100

The Energy Investment Risk Assessment (EIRA) is a publication of the Energy Charter Secretariat that evaluates specific risks to energy investment that can be mitigated through adjustments to policy, legal and regulatory frameworks. Download the 2020 version here or from the EIRA website at: eira.energycharter.org

Beijing Research Centre holds its annual meeting

Thu, 12 Nov 2020 16:23:01 +0100

On 12 November 2020, China Electricity Council (CEC)-International Energy Charter Joint Research Centre held its annual meeting via videoconference. The event brought together the members of the Steering Committee, Academic Board, representatives of CEC along with its member organisations and the Energy Charter Secretariat. Vice-President and Secretary General of CEC Mr. Yu Chongde and Secretary-General of the International Energy Charter Dr. Urban Rusnák opened the meeting by stressing the importance of continued cooperation despite the challenges related to COVID-19. Representatives of CEC and its member organisations presented the outcomes of two studies on “Electrification Development and Outlook in China” and “Development of Low-carbon Energy and the Mechanism of Market’. The presentations from the Energy Charter Secretariat on Energy Investment Risk Assessment (EIRA) and The Role of Cross-border and Regional Cooperation in the Energy Transition complemented the discussions. China Electricity Council and the International Energy Charter established Beijing Research Centre in 2017 aiming to strengthen the relationship between the Energy Charter and China, promote awareness on international energy cooperation, share knowledge through research and joint activities as well as to facilitate capacity building.

OPEC Secretariat hosts presentation on frameworks for energy investment

Wed, 11 Nov 2020 10:17:15 +0100

On 9 November 2020, the Organization of the Petroleum Exporting Countries (OPEC) invited the Energy Charter Secretariat to present the third edition of its flagship publication, the Energy Investment Risk Assessment (EIRA). The EIRA report aims to assist policymakers in reducing policy, regulatory and legal risks to investments in the energy sector. Dr. Ayed S. Al-Qahtani, the Director, Research Division and Chairman of the Academic Committee, opened the session. Mr Leonardo Sempértegui, General Legal Counsel at OPEC, chaired the meeting, through the delegation of the OPEC Secretary-General. The presentation was attended by the OPEC Energy Studies Department, Petroleum Studies Department, Data Services Department and Environmental Matters. OPEC was established in 1960 as a permanent intergovernmental body. The mission of OPEC is to ensure the stabilisation of oil markets in order to secure an efficient, economic and regular supply of petroleum to consumers, a steady income to producers and a fair return on capital for those investing in the petroleum industry. Four of the thirteen OPEC member countries, namely Iran, Iraq, Nigeria, and the United Arab Emirates, have signed the International Energy Charter and are Observers to the Energy Charter Conference.

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

Fri, 06 Nov 2020 15:43:21 +0100

On 3-6 November 2020, the Third Negotiation Round on the modernisation of the Energy Charter Treaty (ECT) was held by videoconference.[1] Taking into account the list of agreed topics for modernisation of the ECT (see Conference Decision CCDEC 2018 18) and the suggested policy options (see Conference Decision CCDEC 2019 08), during the Third Negotiation Round held by the Modernisation Group, the following topics were addressed: · Pre-investment; · REIO; · Obsolete provisions; · Remaining topics from the previous negotiation rounds. The Modernisation Group discussed the aforementioned topics on the basis of submissions and comments provided by the delegations before and during the negotiation round. The goal of this round was to explain and clarify the positions and find common ground for the discussion without prejudice to any delegation’s final decision. The discussion on ‘Pre-investment’ was based on a discussion paper as well as positions expressed by delegations during the meeting, taking into account that the current Energy Charter Treaty provides that Contracting Parties shall endeavor to provide non-discriminatory treatment to investors from other Contracting Parties in the making of investments. In connection with Regional Economic Integration Organisation (REIO), delegations considered whether it was necessary to clarify the legal relationship between members of a REIO under the ECT. Currently, one REIO – the European Union – is a member of the Energy Charter Conference. Some ECT Contracting Parties and Signatories are members of other REIOs. Further, the delegations addressed the potential ‘Obsolete provisions’ included in the policy options approved by the Conference in 2019 (CCDEC 2019 08), such as Article 32 on transitional arrangements, and requested the Secretariat to provide some text proposals. The Modernisation Group availed itself of the possibility to revert to the ‘Remaining topics from the previous negotiation rounds’ to seek clarifications on comments and proposals discussed during the first and the second round of negotiations. In particular, the Modernisation Group discussed the following topics: definition of investment, definition of investor, right to regulate, most constant protection and security, frivolous claims, third party funding, security for costs. The Group discussed the possible consolidation of proposals on, for example, the definition of investment and investor, most constant protection and security, and the right to regulate, as there appears to be common ground between the texts proposed. Some Contracting Parties expressed support for the textual proposals made by other delegations. One Contracting Party presented a proposal for a possible combined format of the texts tabled at previous rounds on the issues of frivolous claims, security for costs and third-party funding. The Group had an initial discussion on the possible future format of the negotiation texts. Different Contracting Parties welcomed this proposal as a possible basis for discussion at future rounds but indicated that they would need more time to review and assess it in detail, and pointed out that the format of future proposal should not be restricted. Some delegations who submitted text proposals signalled their willingness to discuss ahead of the next round the possibility to find a possible format on how to combine their respective text proposals on these issues. Finally, an initial discussion took place on the reporting to the Energy Charter Conference. The mandate for negotiations on modernisation of the ECT (point n of Conference Decision CCDEC2019 10) envisages that in December 2020 “the Conference should take stock of the progress made”. This year, the Energy Charter Conference will take place on 16-17 December 2020 under the Chairmanship of Azerbaijan. On 18 December 2020, the Modernisation Group will hold a meeting to consider and adopt the agenda for the negotiations to be held in 2021. [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 and the Second Negotiation Round on the Modernisation of the Energy Charter Treaty took place on 6-9 July and 8-11 September 2020 respectively. To download the English Version Скачать русскую версию

16th Regional Energy Cooperation Taskforce Meeting Takes Place

Tue, 03 Nov 2020 15:55:33 +0100

On 2 November 2020, the Energy Charter Secretariat and the Ministry of Energy of the Republic of Uzbekistan acting as host and co-organizer this year, held in virtual fashion the 16th Meeting of the Taskforce on Regional Energy Cooperation in Central and South Asia. The Taskforce, established in 2007, has been meeting ever since on an annual or biannual basis, gathering power sector professionals from the region and discussing matters related to electricity production, its import and export along with related issues on transit, trade and regional cooperation. This year’s meeting has focused on its traditional objectives and new projects and initiatives in the power sector. Thirty participants representing national energy agencies and ministries as well as companies engaged in generation, transmission and distribution of electricity from five Central Asian states, Afghanistan, Mongolia and CIS Power Council , have listened to updates, reports and presentations covering the period spanning from the most recent RECA Taskforce meeting held in March 2019. The participants have decided to focus at the next meeting on the matters related to legal and technical aspects of growing introduction of renewables and interaction thereof with existing generating capacities and to continue focusing on the issues stemming from the transit of electricity in the context of further integration of power systems across regional borders.

The Use of Mediation in Investor State Disputes

Tue, 03 Nov 2020 14:43:12 +0100

A virtual pre-intersessional meeting for UNCITRAL Working Group III will be held on Monday 9 November 2020 to explore the use of mediation in ISDS. This virtual pre-intersessional meeting discuss (1) overcoming challenges to the use of mediation in ISDS, (2) the multi-tiered dispute resolution process, (3) the hybrid models for resolving international investment disputes, as well as (4) the way forward for mediation as a reform option for ISDS. You can find the agenda in this link. The Energy Charter Secretariat will explain the existing tools (such as the Guide on investment mediation and the model Instrument on Management of Investment Disputes) for promoting and facilitating the use of mediation for amicably solving investment disputes. The statement of the Secretariat on investment mediation and dispute prevention made at the last meeting of the WGIII of UNCITRAL can be found in this link. Date: 9 November 2020 (Monday) Time: 9:00 – 11:35 & 16:00 – 18:55 (GMT+8) Registration: https://events.aail.org/en/event/2020-UNCITRAL-WGIII/ Registration will close on 6 November 2020. Invitation link to the virtual pre-intersessional meeting will be sent to registered participants 24 hours prior to the event. For further details and the four background papers, please visit https://aail.org/uncitral-wgiii-virtual-pre-intersessional/

Energy transition is highlighted at the Baku International Energy Charter Forum

Wed, 28 Oct 2020 14:21:55 +0100

Transition to renewables in power generation, transport, heating and cooling: modern challenges and trends” was discussed at the Baku International Energy Charter Forum which was held on 28 October 2020 by the means of a videoconference. The Forum was jointly organized by the Ministry of Energy of the Republic of Azerbaijan and the Energy Charter Secretariat. Over 180 participants, including high-level government officials and leading experts from 40 countries, international organisations, energy companies, academia as well as mass media, took part in the event. The Forum participants were welcomed by the Chair of the Energy Charter Conference HE Parviz Shahbazov, Minister of Energy of the Republic of Azerbaijan, Dr. Urban Rusnák, the Secretary-General of the International Energy Charter, and Ms. Cristina Lobillo Borrero, Director of Energy Policy, Directorate-General for Energy of the European Commission. High-level officials from Albania, Romania, the United Kingdom, Ukraine, Iran, Economic Cooperation Organization and the Organization of the Black Sea Economic Cooperation further elaborated on the common benefits of accelerating energy transition worldwide. The Forum addressed the topics of clean energy transition and sustainable energy in two main sessions. Reputable experts from Austria, Azerbaijan, Japan, IRENA, SolarPower Europe, Copenhagen Centre on Energy Efficiency and the International Energy Charter shared best practices and lessons learnt on integration of renewable energy sources and promotion of energy efficiency measures. The event was concluded by the remarks from the Vice-Chair of the Energy Charter Conference Mr. Samir Valiyev, Deputy Minister of Energy of the Republic of Azerbaijan.

Fifth Investor - State Mediation Training

Thu, 22 Oct 2020 16:14:58 +0200

There is increasing interest in the potential for mediation to resolve Investor-State disputes. This 3-day interactive, practice-based Investor-State Mediator Training, designed jointly by the Centre for Effective Dispute Resolution (CEDR), the International Centre for Settlement of Investment Disputes (ICSID), the International Mediation Institute (IMI) and the International Energy Charter, will cover the context of investor-State disputes within the ISDS landscape and will provide experienced mediators with knowledge and skills to mediate investment disputes including Stakeholder mapping and analysis, process design, co-mediation and intercultural considerations. For further information about the course click here for the course flyer. You can register here.

Second Joint OPEC-ECS-OPEC FUND Annual Legal Workshop

Fri, 16 Oct 2020 17:09:34 +0200

On 13 October 2020, OPEC, Energy Charter Secretariat and OPEC Fund jointly organized a legal workshop titled “Law of the Energy Transition”. This was the second joint event organized as a videoconference, following the very successful first workshop which took place in Vienna, Austria about a year ago. This year, the workshop focused on legal and regulatory aspects of energy transition and was composed of three principal sessions. The first session has dealt with legal and regulatory challenges and opportunities for fossil fuel businesses in the era of the energy transition followed by a session discussing the upcoming regulatory complexities and a forecast of the potential evolution of regulation in this field. The third, closing session witnessed the deliberations on strategies and actions, from the regulatory perspective, that could be embraced by international organizations to better support a successful energy transition for resource-rich countries. Seventeen speakers representing industry, prominent international law firms and think tanks, international organizations and academia, have delivered their presentations in an engaging and interactive fashion for a large audience and sparked very enthusiastic and insightful discussions and Q&A sessions. The workshop was technically hosted by the OPEC headquarters in Vienna.

International Energy Charter Secretary-General’s statement on Energy Security in the South Caucasus

Thu, 15 Oct 2020 10:09:00 +0200

The Secretary-General of the International Energy Charter is gravely concerned by the escalation of violence between the 2020 and 2021 Chairmanships of the Energy Charter Conference - Azerbaijan and Armenia respectively. He urges all parties involved to cease hostilities, to act in line with their international commitments and to refrain from any action that could affect critical energy infrastructure or significantly disrupt or interrupt the energy supply. The Secretary-General, Dr Urban Rusnak, stands ready to convene an Energy Security Contact Group urgently in case a signatory of the 1991 Energy Charter Declaration invokes the Early Warning Mechanism. The Energy Security Contact Group, if convened and engaged, would aim at facilitating communication and at elaborating a common evaluation of the situation and implications of current developments on energy security as well as recommendations (for consideration by the parties involved) to eliminate the threat to energy security or to overcome the emergency situation. _________________________________________________________________________________

Promoting integration of power markets in the ECO Region

Thu, 15 Oct 2020 10:00:46 +0200

On 14 October 2020, the Energy Charter Secretariat in cooperation with the Economic Cooperation Organization (ECO) Secretariat organised a technical workshop on the topic of “Perspectives and Challenges of Regional Electricity Markets: Harnessing Trade and Investment Opportunities”. The event brought together over forty government officials and energy experts from eight ECO Member States, international and regional organisations. The objective of the workshop was to discuss international experiences on integration of power markets as well as the challenges and perspectives of developing ECO Regional Electricity Market (ECO REM). The representatives of the European Commission, Eurasian Economic Commission, World Bank and Asian Development Bank shared best practices and lessons learnt on power market integration and implementation of infrastructure projects. Experts from SAARC Energy Centre and CDC “Energiya” discussed current developments in the regions of Central and South Asia in terms of energy supply and demand, connectivity and electricity trade. The participants also discussed further steps on establishing ECO REM which offers multiple benefits to participating states in terms of energy security, resource complementarity and economies of scale.

Even more renewable energy investors rely on treaty protection: updated statistics of investment arbitration cases under the Energy Charter Treaty

Mon, 12 Oct 2020 17:27:00 +0200

Following the recent initiation of arbitral proceedings in Fin.Doc S.r.l. and others v. Romania and Encavis and others v. Italy, the total number of investment disputes under the Energy Charter Treaty (ECT) that concern renewable energy sources is now 80 (approx. 60%). Majority of all investment disputes under the Treaty are brought by small or medium enterprises (approx. 60%). 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 ECT was registered, the Energy Charter Secretariat tracked 134 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. Since 2013 the Energy Charter Secretariat has been actively promoting the use of good offices and mediation for the settlement of investment disputes under the ECT. In 2016, the Energy Charter Conference endorsed a Guide on Investment Mediation (prepared in cooperation with the International Mediation Institute, SCC, PCA, ICSID, ICC, and UNCITRAL) and encouraged Contracting Parties to consider to use mediation on voluntary basis as one of the options at any stage of the dispute to facilitate its amicable solution and to consider the good offices of the Energy Charter Secretariat. The Conference also welcomed the willingness of the Contracting Parties to facilitate effective enforcement in their Area of settlement agreements with foreign investors in accordance with the applicable law and the relevant domestic procedures. The same year 2016, the Secretariat established a Conflict Resolution Centre to provide assistance and support in connection with good offices and mediation in relation to investment disputes or to disputes between Contracting Parties regarding the interpretation or application of the Treaty. In 2018, the Energy Charter Conference approved the Model Instrument on Management of Investment Disputes together with its Explanatory Note. The Model Instrument could be used by States for implementing their own domestic framework or as a guidance in relation to legal and practical issues that need to be considered for an effective and comprehensive management of international investment disputes (including an effective use of negotiation, mediation and conciliation). Statistics - Cases under the Energy Charter Treaty - as of 9 October 2020

Ambassador of the Republic of Iraq in Brussels visited the Secretariat

Sun, 11 Oct 2020 10:26:00 +0200

On 30th September, Ambassador. Urban Rusnak, the Secretary-General of the Energy Charter Secretariat, received in his office, H.E. Mr. Sadiq AL-RIKABI, the Ambassador of the Republic of Iraq in Brussels. The Secretary-General briefed Mr. Al-RIKABI on the Energy Charter Process and the relations between the Secretariat and the Republic of Iraq which is an Observer country to the Energy Charter Conference since 2016. The Secretary-General also informed the Ambassador Al-RIKABI about the Modernisation process, the Energy Investment Risks Assessment, and the provided an overview of the work of the Secretariat. Ambassador Al-RIKABI thanked the Secretary-General for the meeting and the information provided and welcomed to strengthen further the cooperation between the Secretariat, the Contracting Parties and the Republic of Iraq, Mr. A-RIKABI also assured the Secretary-General of embassy’s facilitation of different initiatives in this direction between the Secretariat and related Iraqi authorities.

Energy Charter Secretariat contributes to the UN ESCAP capacity building activities in Mongolia

Wed, 07 Oct 2020 13:36:08 +0200

On 7 October 2020 the Energy Charter Secretariat’s Knowledge Centre delivered a virtual training on energy transit for the government officials of Mongolia to support UN Economic and Social Commission for Asia and the Pacific activities to strengthen sub-regional connectivity in East and North-East Asia through effective economic corridor management. Prior to the training, the Secretariat developed a training module comprising of learning materials, reference reading and case studies on energy security and the role of transit as well as organisational and regulatory aspects of natural gas transit. An interactive session brought together over fifty participants from the government of Mongolia involved in the implementation of the Economic Corridor Programme, including representatives of the Investment Research Centre under the Ministry of Foreign Affairs, Ministry of Energy and other related agencies and policy institutes working on energy. Mongolia is a founding member of the Energy Charter Process, a member of the Task Force on Regional Energy Cooperation in Central and South Asia (RECA) and will assume the chairmanship of the Energy Charter Conference in 2022.

Energy Charter Secretariat publishes Energy Investment Risk Assessment 2020

Tue, 06 Oct 2020 17:26:40 +0200

On 6 October 2020, the Energy Charter Secretariat launched the Energy Investment Risk Assessment 2020 (#EIRA2020), the third edition of its flagship publication. The publication was launched virtually through Zoom. The event was opened by Mr Samir Valiyev, Deputy Minister of Energy of the Republic of Azerbaijan and Vice-Chair of the Energy Charter Conference for 2020. • Go directly to the EIRA website and download the #EIRA2020 publication EIRA assesses risks to energy investment that can be mitigated by adjusting legal and regulatory frameworks. The publication benchmarks the performance of countries against international best practices and guides them on improving the investment climate. It highlights the key strengths and areas for improvement in each country, gives recommendations to improve results, and assists policymakers in designing risk mitigation plans. Thirty countries spanning Africa, Asia, the Americas and Europe, including 4 new entrants, participated in the 2020 edition of the report. #EIRA2020 can be utilised by policymakers in participating countries to identify policy, legal and regulatory gaps and in planning specific actions to attract sustainable investment in the energy sector. The publication can also assist the energy industry, investor and financial institutions in their assessments and understanding of the investment climate in the participating countries. A new chapter on monitoring the implementation status of the improvements suggested in previous editions has been introduced in #EIRA2020. This chapter allows the recurring participants to analyse progress made as a result of specific actions and reforms undertaken by the relevant governments. Starting this year, the country profiles will also include new information from Orbis Crossborder Investment on energy projects and deals completed between 2015-2020 in the participating countries. A specific website dedicated to EIRA has been launched since 2019. It is intended to offer extensive and updated data on the evolving regulatory regimes of the participating countries. It projects the year-on-year trajectory of the country on different EIRA parameters, provides detailed information for each question on the EIRA questionnaire and includes an online library of over 1,500 primary legal documents. #EIRA2020 was launched with the participation of high-level representatives of governments, diplomatic missions, international organisations, financial institutions, industry, professional associations and mass media. In his opening remarks, Mr Samir Valiyev emphasised that despite having such a challenging year, the delegations and the Energy Charter Secretariat have been able to mobilise the resources and organise the activities as planned. He pointed out that the unified efforts of the governments, the external parties and the staff of the Energy Charter Secretariat contributed to the completion of this valuable product. During the launch event, Energy Charter Secretariat Secretary-General Ambassador Dr Urban Rusnák presented the publication. In his intervention, he stated that the main objective of the report remains tracking the progress of countries in mitigating investment risks in the energy sector. Mr Ilir Bejtja, Deputy Minister of Infrastructure and Energy of Albania, highlighted his Government’s commitment and support to the EIRA project and expressed his hope that more Members of the Energy Charter Conference will participate in it. Prof. Eli Jidere Bala, Director General/CEO, Energy Commission of Nigeria underlined the important role of the International Energy Charter in strengthening and promoting the mutually beneficial cooperation among nations for the sake of energy security and sustainability. Mrs Martina Macpherson, Senior Vice President, Strategic Partnerships & Engagement at Moody’s presented a vision on an evaluation of systemic ESG risks and opportunities and their implications for a just transition. Mr Claas Hülsen, Business Development Director Advisory Region CEMED at DNV GL Energy Advisory GmbH has expressed an opinion that the year 2020 marks the beginning of a decade of fundamental changes which will have considerable impacts both on global and local energy systems and EIRA provides a valuable analysis which can be utilised for a smoother adaption to these changes. Mr Henning Häder, Policy Director, Eurelectric focused his intervention on opportunities and challenges for investments aimed at decarbonisation of the power sector in Europe. Mr David J. Bertoch, Executive Counsel, ExxonMobil Corporation spoke to how the EIRA publication and the analyses of the investment risks in the energy sector align with ExxonMobil’s 5 main upstream investment principles that guide investment decisions. Mr Iván Pineda, Director of Public Affairs, WindEurope welcomed the EIRA 2020 publication and mentioned that its assessments of the investment environment is important for the wind energy sub-sector, which can have a key role in decorbonising the energy supply, fostering economic development and in improving energy security and environmental protection. The Energy Charter Secretariat is thankful to all participants of the #EIRA2020 launch and to the more than 215 contributors that provided their invaluable inputs during the development of the publication. The PDF version of the Publication is available here.

Energy Charter Secretariat Attends the Anniversary Roundtable of Turkmenistan

Wed, 30 Sep 2020 18:18:05 +0200

On 25 September, the Secretary General of the Energy Charter, attended and spoke at a roundtable organized by the Embassy of Turkmenistan in the Kingdom of Belgium and devoted to the 25th Anniversary of the Permanent Neutrality of the country. The roundtable discussed the origins, evolution and future of the concept of neutrality in steering Turkmenistan’s foreign policy as well as its various regional and global initiatives, such as those in the areas of trade and investments, energy, connectivity, and environment. Turkmenistan’s membership in the Energy Charter Treaty was particularly emphasized, with reference to the country’s large-scale projects for the establishment of multidimensional export infrastructure and initiatives regarding reliability and stability of transit and the role of transit corridors. As mentioned in the welcoming remarks of His Excellency Chary Atayev, Ambassador of Turkmenistan to the Kingdom of Belgium, “Our country is persistently promoting the idea of joint development of formats for political and economic cooperation in Central Asia, including Afghanistan and the Caspian region, proposing and supporting large projects with the participation of different states. In addition to well-known projects to optimize and expand the geography of pipeline routes, these are proposals in the field of energy, environment, water resources, communications, initiatives on the creation of new interregional transport routes between the countries of the region with access to markets of Europe, Southeast Asia and the Middle East”. The event has brought together representatives of the diplomatic community, EU institutions, international organizations and think tanks and was held under the title of Constructive Dialogue for Peace and Sustainable Development.

EU4Energy presents building Energy performance Calculation methodology Action plan and a Roadmap for Armenia

Wed, 30 Sep 2020 16:55:06 +0200

On 30 September an online workshop was organised to present the outcomes the EU4Energy support provided to Armenia in the process of to developing a consistent energy performance of building calculation methodology. A detailed Action plan and a Roadmap were elaborated jointly with the Ministry of Territorial Administration and Infrastructure and the State Committee for Urban Development of Armenia with the goal to accelerate the replication of the best EU practices in full accordance with the Enhanced Partnership Agreement between the Republic of Armenia and the European Union (CEPA) and the Directive 2010/31/EU on energy performance of buildings (EPBD) Participants discussed and agreed on the proposed steps and measures within the Action Plan for the next five years. Two categories of actions are envisaged i) core activities for developing the calculation methodology, and ii) supporting activities ensuring the proper enforcement of the EPBD requirements: • Core activities: - Legislative framework and administrative/institutional support; - Building codes and calculation methodology. • Supporting activities : - Capacity building; - Information and awareness rising. The primary beneficiaries of the calculation methodology would be government officials, architects, engineers, energy auditors, consultants, policy advisors and regulators with overall impacts in the processes of new building design's and certification and existing building renovation's and certification. This technical assistance activity is part of the EU4Energy Project, an EU-supported initiative providing technical assistance to countries of the Eastern Partnership that seek to enhance their energy sectors with best practices of the European Union.

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.