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The Energy Charter Process Review

Article 34(7) of the Energy Charter Treaty sets out the requirement for a regular Review of the Energy Charter process:


(1) ...

(3) The functions of the Charter Conference shall be to:

    • carry out the duties assigned to it by this Treaty and any Protocols;
    • keep under review and facilitate the implementation of the principles of the Charter and of the provisions of this Treaty and the Protocols;
    • facilitate in accordance with this Treaty and the Protocols the coordination of appropriate general measures to carry out the principles of the Charter;
    • consider and adopt programmes of work to be carried out by the Secretariat;
    • consider and approve the annual accounts and budget of the Secretariat;
    • consider and approve or adopt the terms of any headquarters or other agreement, including privileges and immunities considered necessary for the Charter Conference and the Secretariat;
    • encourage cooperative efforts aimed at facilitating and promoting market-oriented reforms and modernization of energy sectors in those countries of Central and Eastern Europe and the former Union of Soviet Socialist Republics undergoing economic transition;
    • authorize and approve the terms of reference for the negotiation of Protocols, and consider and adopt the texts thereof and of amendments thereto;
    • authorize the negotiation of Declarations, and approve their issuance;
    • decide on accessions to this Treaty;
    • authorize the negotiation of and consider and approve or adopt association agreements;
    • consider and adopt texts of amendments to this Treaty;
    • consider and approve modifications of and technical changes to the Annexes to this Treaty;
    • consider and approve the listing of signatories in Annexes BR or BRQ or in both these;
    • consider and approve the addition of items to Annex EM II from Annex EM I with the corresponding deletion of those items from Annex EM I and consider and approve the addition of items to Annex EQ II from Annex EQ I with the corresponding deletion of those items from Annex EQ I;
    • appoint the Secretary-General and take all decisions necessary for the establishment and functioning of the Secretariat including the structure, staff levels and standard terms of employment of officials and employees.

    (4) ...

    (7) In 1999 and thereafter at intervals (of not more than five years) to be determined by the Charter Conference, the Charter Conference shall thoroughly review the functions provided for in this Treaty in the light of the extent to which the provisions of the Treaty and Protocols have been implemented. At the conclusion of each review the Charter Conference may amend or abolish the functions specified in paragraph (3) and may discharge the Secretariat.

    Following the initial Review of 1999, the following Reviews of the Energy Charter process were conducted in 2004, 2009 (no agreement reached), 2014 and 2019.