Understanding and Decision with respect to the Treaty as a whole


Editor's note: According to Point IV of the Final Act of the European Energy Charter Conference (17.12.1994), by signing the Final Act, the representatives agreed to adopt several Understandings with respect to the Treaty.

In addition, Article 48 of the ECT and Article 7 of the Amendment to the Trade-Related Provisions, state that Decisions are integral part of the Treaty. 

Decision 1 with respect to the Energy Charter Treaty (Annex 2 to the Final Act of the  European Energy Charter Conference)

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

(a) The representatives underline that the provisions of the Treaty have been agreed upon bearing in mind the specifc nature of the Treaty aiming at a legal framework to promote long-term cooperation 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 introduce mandatory 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 specifc to an Investor or group of Investors, rather than applying generally.