37 Energy Charter Treaty THE ENERGY CHARTER TREATY (Annex 1 to the Final Act of the European Energy Charter Conference) [UNDERSTANDING With respect to the Treaty as a whole (a) The representatives underline that the provisions of the Treaty have been agreed upon bearing in mind the specific nature of the Treaty aiming at a legal framework to promote long-termcooperation in a particular sector and as a result cannot be construed to constitute a precedent in the context of other international negotiations. (b) The provisions of the Treaty do not: (i) oblige any Contracting Party to introducemandatory third party access; or (ii) prevent the use of pricing systems which, within a particular category of consumers, apply identical prices to customers in different locations. (c) Derogations from most favoured nation treatment are not intended to cover measures which are specific to an Investor or group of Investors, rather than applying generally.] [DECISION With respect to the Treaty as a whole In the event of a conflict between the treaty concerning Spitsbergen of 9 February 1920 (the Svalbard Treaty) and the Energy Charter Treaty, the treaty concerning Spitsbergen shall prevail to the extent of the conflict, without prejudice to the positions of the Contracting Parties in respect of the Svalbard Treaty. In the event of such conflict or a dispute as to whether there is such conflict or as to its extent, Article 16 and Part V of the Energy Charter Treaty shall not apply.] PREAMBLE The Contracting Parties to this Treaty, Having regard to the Charter of Paris for a New Europe signed on 21 November 1990; Having regard to the European Energy Charter adopted in the Concluding Document of the Hague Conference on the European Energy Charter signed at The Hague on 17 December 1991; Final Act of the European Energy Charter Conference, Understanding 1. Decision 1 with respect to the Energy Charter Treaty (Annex 2 to the Final Act of the European Energy Charter Conference).