Energy Charter Treaty

155 Energy Charter Treaty (10) Where a Contracting Party invokes Article 29(9)(b), this Annex shall apply, subject to the following modifications: 170 (a) the complaining party shall present a detailed justification in support of any request for consultations or for the establishment of a panel regarding a measure which it considers to nullify or impair any benefit accruing to it directly or indirectly under Article 29; (b) where a measure has been found to nullify or impair benefits under Article 29 without violation thereof, there is no obligation to withdraw the measure; however, in such a case the panel shall recommend that the Contracting Party concerned make a mutually satisfactory adjustment; (c) the arbitral panel provided for in paragraph (6)(b), upon the request of either party, may determine the level of benefits that have been nullified or impaired, and may also suggest ways and means of reaching a mutually satisfactory adjustment; such suggestions shall not be binding upon the parties to the dispute. 17. Annex B: Formula for Allocating Charter Costs (in accordance with Article 37(3)) (1) Contributions payable by Contracting Parties shall be determined by the Secretariat annually on the basis of their percentage contributions required under the latest available United Nations Regular Budget Scale of Assessment (supplemented by information on theoretical contributions for any Contracting Parties which are not UN members). (2) The contributions shall be adjusted as necessary to ensure that the total of all Contracting Parties’ contributions is 100%. 18. Annex PA: List of Signatories which Do Not Accept the Provisional Application Obligation of Article 45(3)(B) 171 (in accordance with Article 45(3)(c)) 19. Annex T: Contracting Parties’ Transitional Measures 172 (in accordance with Article 32(1)) 170 Modification based on Art. 3 of the Amendment to the Trade-Related Provisions of the Energy Charter Treaty. 171 Editor’s note: all signatories initially listed here already became full Contracting Parties. For the previously listed states: http://www.energycharter.org/. 172 Editor’s note: The applicability of Annex T terminated on 1 July 2001. For the text of

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