On 24 September 2024, the Energy Charter Secretariat received a communication from the European Union informing about its decision to exercise the right under Article 17 of the Energy Charter Treaty (ECT) to deny the advantages of Part III of the ECT on behalf of the European Union, the European Atomic Energy Community (Euratom) and the listed Member States, which are, or have been, Contracting Parties to the ECT, to:
- any legal entity that is owned or controlled by citizens or nationals of the Russian Federation or of the Republic of Belarus and that has no substantial business activities in the area of the Contracting Party, or former Contracting Party, in which it is organised, pursuant to Article 17(1) of the ECT; and
- any investment within the meaning of the ECT, which is an investment of an investor of the Russian Federation or of the Republic of Belarus, pursuant to Article 17(2)(b) of the ECT.
Attached to the communication are:
- Council Decision (EU) 2024/1852 of 25 June 2024 on the denial of advantages under Part III of the Energy Charter Treaty by the Union to any legal entity that is owned or controlled by citizens or nationals of the Russian Federation or of the Republic of Belarus and to any investment within the meaning of the Energy Charter Treaty which is an investment of an investor of the Russian Federation or of the Republic of Belarus;
- Council Decision (Euratom) 2024/1847 of 25 June 2024 on the denial of advantages under Part III of the Energy Charter Treaty by the European Atomic Energy Community (Euratom) to any legal entity that is owned or controlled by citizens or nationals of the Russian Federation or of the Republic of Belarus and to any investment within the meaning of the Energy Charter Treaty which is an investment of an investor of the Russian Federation or of the Republic of Belarus; and
- a declaration contained therein.