Energy Charter Treaty
39 Energy Charter Treaty Having regard to competition rules concerning mergers, monopolies, anti- competitive practices and abuse of dominant position; Having regard also to the Treaty on the Non-Proliferation of Nuclear Weapons, the Nuclear Suppliers Guidelines and other international nuclear non- proliferation obligations or understandings; Recognising the necessity for the most efficient exploration, production, conversion, storage, transport, distribution and use of energy; Recalling the United Nations Framework Convention on Climate Change, the Convention on Long-Range Transboundary Air Pollution and its protocols, and other international environmental agreements with energy-related aspects; and Recognising the increasingly urgent need for measures to protect the environment, including the decommissioning of energy installations and waste disposal, and for internationally-agreed objectives and criteria for these purposes, HAVE AGREED AS FOLLOWS: Part I: Definitions and Purpose Article 1: Definitions As used in this Treaty: (1) “Charter” means 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; signature of the Concluding Document is considered to be signature of the Charter. (2) “Contracting Party” means a state or Regional Economic Integration Organisation which has consented to be bound by this Treaty and for which the Treaty is in force. (3) “Regional Economic Integration Organisation” means an organisation constituted by states to which they have transferred competence over certainmatters a number of which are governed by this Treaty, including the authority to take decisions binding on them in respect of those matters. (4) “Energy Materials and Products”, based on the Harmonised System of the World Customs Organization and the Combined Nomenclature of
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