Energy Charter Treaty

86 to the Secretariat, except as permitted by the provisions made applicable by subparagraph (2)(a). (5) A Contracting Party may increase such customs duty or other charge above the level referred to in paragraph (4) only if: (a) in case of a customs duty or other charge imposed on or in connection with importation, such action is not inconsistent with the applicable provisions of the WTO Agreement, other than those provisions of the WTO Agreement listed in Annex W; or (b) it has, to the fullest extent practicable under its legislative procedures, notified the Secretariat of its proposal for such an increase, given other interested Contracting Parties reasonable opportunity for consultation with respect to its proposal, and accorded consideration to any representations from such Contracting Parties. (6) In respect of trade between Contracting Parties at least one of which is not a member of the WTO, no such Contracting Party shall increase any customs duty or charge of any kind imposed on or in connection with importation or exportation of Energy Materials and Products listed in Annex EM II or Energy-Related Equipment listed in Annex EQ II above the lowest of the levels applied on the date of the decision by the Charter Conference to list the particular item in the relevant Annex . [UNDERSTANDING With respect to Articles 29(6) and (7) and 34(3)(o): The Charter Conference shall conduct an annual review with respect to any possibility of moving items of Energy Materials and Products or Energy-Related Equipment from Annexes EM I or EQ I to Annexes EM II or EQ II] 84 [CHAIRMAN’S STATEMENT In particular, where the Trade Amendment foresees notification requirements and procedures, including with regard to Understanding 2 to the Amendment, they would follow WTO practice, provided that duplication of notifications with the WTO did not occur.] 85 A Contracting Party may increase such customs duty or other charge above that level only if: 84 Final Act in respect of the Amendment to the Trade-Related Provisions of the Energy Charter Treaty, Understanding 3. 85 Chairman’s Statement at the Adoption Session on 24 April 1998.