# Council and Commission Decision of 23 September 1997 on the conclusion, by the European Communities, of the Energy Charter Treaty and the Energy Charter Protocol on energy efficiency and related environmental aspectsThe Decision on the conclusion of the Energy Charter Treaty on behalf of the European Community was adopted by the Council on 27 May 1997. (98/181/EC, ECSC, Euratom), Appendix 9.: Annex G


1.
The following provisions of GATT 1947 and Related Instruments shall not be applicable under Article 29 (2) (a):
(a) General Agreement on Tariffs and Trade
II
Schedules of concessions (and the Schedules to the General Agreement on Tariffs and Trade)
IV
Special provisions relating to cinematographic films
XV
Exchange arrangements
XVIII
Governmental assistance to economic development
XXII
Consultation
XXIII
Nullification or impairment
XXV
Joint action by the Contracting Parties
XXVI
Acceptance. Entry into force and registration
XXVII
Withholding or withdrawal of concessions
XXVIII
Modification of Schedules
XXVIIIa
Tariff negotiations
XXIX
The relation of this Agreement to the Havana Charter
XXX
Amendments
XXXI
Withdrawal
XXXII
Contracting Parties
XXXIII
Accession
XXXV
Non-application of the Agreement between particular Contracting Parties
XXXVI
Principles and objectives
XXXVII
Commitments
XXXVIII
Joint action
Annex H
Relating to Article XXVI
Annex I
Notes and supplementary provisions (related to above GATT Articles)
Safeguard action for development purposes
Understanding regarding notification, consultation, dispute settlement and surveillance.
(b) Related Instruments
(i) Agreement on Technical Barriers to Trade (Standards Code)
Preamble (paragraphs 1, 8, 9)
1.3.
General provisions
2.6.4.
Preparation, adoption and application of technical regulations and standards by central government bodies
10.6.
Information about technical regulations, standards and certification systems
11.
Technical assistance to other Parties
12.
Special and differential treatment of developing countries
13.
The Committee on Technical Barriers to Trade
14.
Consultation and dispute settlement
15.
Final provisions (other than 15.5 and 15.13)
Annex 2
Technical Expert Groups
Annex 3
Panels
(ii) Agreement on Government Procurement
(iii) Agreement on Interpretation and Application of Articles VI, XVI and XXIII (Subsidies and Countervailing Measures)
10.
Export subsidies on certain primary products
12.
Consultations
13.
Conciliation, dispute settlement and authorized counter measures
14.
Developing countries
16.
Committee on Subsidies and Countervailing Measures
17.
Conciliation
18.
Dispute settlement
19.2.
Acceptance and accession
19.4.
Entry into force
19.5. (a)
National legislation
19.6.
Review
19.7.
Amendments
19.8.
Withdrawal
19.9.
Non-application of this Agreement between particular signatories
19.11.
Secretariat
19.12.
Deposit
19.13.
Registration
(iv) Agreement on Implementation of Article VII (Customs Valuation)
1.2. (b) (iv)
Transaction value
11.1.
Determination of customs value
14.
Application of Annexes (second sentence)
18.
Institutions (Committee on Customs Valuation)
19.
Consultation
20.
Dispute settlement
21.
Special and differential treatment of developing countries
22.
Acceptance and accession
24.
Entry into force
25.1.
National legislation
26.
Review
27.
Amendments
28.
Withdrawal
29.
Secretariat
30.
Deposit
31.
Registration
Annex II
Technical Committee on Customs Valuation
Annex III
Ad hoc panels
Protocol to the Agreement on Implementation of Article VII (except I.7 and I.8; with necessary conforming introductory language)
(v) Agreement on Import Licensing Procedures
1.4.
General provisions (last sentence)
2.2.
Automatic import licensing (footnote 2)
4.
Institutions, consultation and dispute settlement
5.
Final provisions (except paragraph 2)
(vi) Agreement on Implementation of Article VI (Antidumping Code)
13.
Developing countries
14.
Committee on Anti-Dumping Practices
15.
Consultation, conciliation and dispute settlement
16.
Final provisions (except paragraphs 1 and 3)
(vii) Arrangement regarding bovine meat
(viii) International dairy arrangement
(ix) Agreement on Trade in Civil Aircraft
(x) Declaration on trade measures taken for balance-of-payments purposes.
(c) All other provisions in the GATT or Related Instruments which relate to:
(i) governmental assistance to economic development and the treatment of developing countries, except for paragraphs 1 to 4 of the Decision of 28 November 1979 (L/4903) on differential and more favourable treatment, reciprocity and fuller participation of developing countries;
(ii) the establishment or operation of specialist committees and other subsidiary institutions;
(iii) signature, accession, entry into force, withdrawal, deposit and registration.
(d) All agreements, arrangements, decisions, understandings or other joint action pursuant to the provisions listed in subparagraphs (a) to (c).
2.
Contracting Parties shall apply the provisions of the ‘Declaration on trade measures taken for balance-of-payments purposes’ to measures taken by those Contracting Parties which are not parties to the GATT, to the extent practicable in the context of the other provisions of this Treaty.
3.
With respect to notifications required by the provisions made applicable by Article 29 (2) (a):
(a) Contracting Parties which are not parties to the GATT or a Related Instrument shall make their notifications to the Secretariat. The Secretariat shall circulate copies of the notifications to all Contracting Parties. Notifications to the Secretariat shall be in one of the authentic languages of this Treaty. The accompanying documents may be solely in the language of the Contracting Party;
(b) such requirements shall not apply to Contracting Parties to this Treaty which are also parties to the GATT and Related Instruments, which contain their own notification requirements.
4.
Trade in nuclear materials may be governed by agreements referred to in the declarations related to this paragraph contained in the Final Act of the European Energy Charter Conference.

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Source: https://www.legislation.gov.uk/eudn/1998/181/schedule/ANNEX 1/appendix/ANNEXES TO THE ENERGY CHARTER TREATY/appendix/9. (the official version)
Page: https://openlegislation.uk/eu-decision-1998-181/schedule-ANNEX 1/appendix-ANNEXES TO THE ENERGY CHARTER TREATY/appendix-9.
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

