Energy Charter Treaty

84 (1) The provisions of this Article shall apply to trade in Energy Materials and Products and Energy-Related Equipment while any Contracting Party is not a member of the WTO. (2) (a) Trade in Energy Materials and Products and Energy-Related Equipment between Contracting Parties at least one of which is not amember of theWTO shall be governed, subject to subparagraph (b) and to the exceptions and rules provided for in Annex W, by the provisions of the WTO Agreement, as applied and practised with regard to Energy Materials and Products and Energy-Related Equipment by members of the WTO among themselves, as if all Contracting Parties were members of the WTO. [UNDERSTANDING With respect to Article 29(2)(a) and Annex W: Notwithstanding the listing of paragraph 6 of article XXIV of the GATT 1994 in Annex W (A)(1)(a)(i), any signatory affected by an increase in customs duties or other charges of any kind imposed on or in connection with importation or exportation referred to in the first sentence of that paragraph, is entitled to seek consultations in the Charter Conference.] 80 [UNDERSTANDING With respect to Article 29(2)(a) (a) Where a provision of [WTO] 81 referred to in this paragraph provides for joint action by [Members of the WTO], 82 it is intended that the Charter Conference take such action.] 83 (b) Such trade of a Contracting Party which is a state that was a constituent part of the former Union of Soviet Socialist Republics may instead be governed, subject to the provisions of Annex TFU, by an agreement between two or more such states, until 1 December 1999 or the admission of that Contracting Party to the WTO, whichever is the earlier. (3) (a) Each signatory to this Treaty, and each state or Regional Economic Integration Organisation acceding to this Treaty before 24 April 80 Final Act in respect of the Amendment to the Trade-Related Provisions of the Energy Charter Treaty, Understanding 1. 81 Original: “GATT 1947 or a Related Instrument”, adapted by editors. 82 Original: “parties to the GATT”, adapted by editors. 83 Final Act of the European Energy Charter Conference, Understanding 18. Part (b) of the Understanding became irrelevant following the entry into force of the Amendment to the Trade-Related Provisions of the ECT.