{
  "url": "https://openlegislation.uk/eu-decision-1998-181/schedule-ANNEX 2/division-3.",
  "json_url": "https://openlegislation.uk/eu-decision-1998-181/schedule-ANNEX 2/division-3..json",
  "legislation": "eudn/1998/181",
  "legislation_title": "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)",
  "legislation_url": "https://openlegislation.uk/eu-decision-1998-181",
  "path": "schedule/ANNEX 2/division/3.",
  "kind": "division",
  "number": "3",
  "heading": "With respect to Article 14",
  "text": "1.. The term ‘freedom of transfer’ in Article 14 (1) does not preclude a Contracting Party (hereinafter referred to as the ‘Limiting Party’) from applying restrictions on movement of capital by its own investors, provided that:\n(a) such restrictions shall not impair the rights granted pursuant to Article 14 (1) to investors of other Contracting Parties with respect to their investments;\n(b) such restrictions do not affect current transactions; and\n(c) the Contracting Party ensures that investments in its area of the investors of all other Contracting Parties are accorded, with respect to transfers, treatment no less favourable than that which it accords to investments of investors of any other Contracting Party or of any third State, whichever is the most favourable.\n2.. This Decision shall be subject to examination by the Charter Conference five years after entry into force of the Treaty, but not later than the date envisaged in Article 32 (3).\n3.. No Contracting Party shall be eligible to apply such restrictions unless it is a Contracting Party which is a State that was a constituent part of the former Union of Soviet Socialist Republics, which has notified the provisional Secretariat in writing no later than 1 July 1995 that it elects to be eligible to apply restrictions in accordance with this Decision.\n4.. For the avoidance of doubt, nothing in this Decision shall derogate, as concerns Article 16, from the rights hereunder of a Contracting Party, its investors or their investments, or from the obligations of a Contracting Party.\n5.. For the purposes of this Decision:\n‘current transactions’ are current payments connected with the movement of goods, services or persons that are made in accordance with normal international practice, and do not include arrangements which materially constitute a combination of a current payment and a capital transaction, such as deferrals of payments and advances which is meant to circumvent respective legislation of the Limiting Party in the field.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "This Decision has been drafted in the understanding that Contracting Parties which intend to avail themselves of it and which also have entered into Partnership and Cooperation Agreements with the European Communities and their Member States containing an article disapplying those Agreements in favour of the Treaty, will exchange letters of understanding which have the legal effect of making Article 16 of the Treaty applicable between them in relation to this Decision. The exchange of letters shall be completed in good time prior to signature."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/1998/181/schedule/ANNEX 2/division/3.",
    "retrieved_at": "2026-11-01T15:19:04.961001+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}