18 DE ABRIL DE 1996

636-(15)

shall take its decisions by a majority vote of its members;

g) The tribunal shall decide the dispute in accordance with this Treaty and applicable rules and principles of international law;

h) The arbitral award shall be final and binding upon

the Contracting Parties parties to the dispute;

i) Where, in making an award, a tribunal finds that a measure of a regional or local government or authority within the Area of a Contracting Party listed in part 1 of annex P is not in conformity with this Treaty, either party to the dispute may invoke the provisions of part u of annex P;

j) The expenses of the tribunal, including the remuneration of its members, shall be borne in equal shares by the Contracting Parties parties to the dispute. The tribunal may, however, at its discretion direct that a higher proportion of the costs be paid by one of the Contracting Parties parties to the dispute;

k) Unless the Contracting Parties parties to the dispute agree otherwise, the tribunal shall sit in The Hague, and use the premises and facilities of the Permanent Court of Arbitration;

/) A copy of the award shall be deposited with the Secretariat which shall make it generally available.

•Article 28 Non-application of article 27 to certain disputes

A dispute between Contracting Parties with respect to the application or interpretation of article 5 or 29 shall not be settled under article 27 unless the Contracting Parties parties to the dispute so agree.

PART VI

Transitional provisions

Article 29 Interim provisions on trade-related matters

l)The provisions of this article shall apply to trade in energy materials and products while any Contracting Party is not a party to the GATT and related instruments.

2:

a) Trade in energy materials and products between Contracting Parties at least one of which is not a party to the GATT or a relevant related instrument shall be governed, subject to subparagraphs b) and c) and to the exceptions and rules provided for in annex G, by the provisions of GATT 1947 and related instruments, as applied on 1 March 1994 and practised with regard to energy materials and products by parties to GATT 1947 among themselves, as if all Contracting Parties were parties to GATT 1947 and related instruments;

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, unvW 1 December 1999 or the admission of that

Contracting Party to the GATT, whichever is the earlier;

c) As concerns trade between any two parties to the GATT, subpragraph a) shall not apply if either of those parties is not a party to GATT 1947.

3) Each signatory to this Treaty, and each state or regional economic integration organization acceding to this Treaty, shall on the date of its signature or of its deposit of its instrument of accession provide to the Secretariat a list of all tariff rates and other charges levied on energy materials and products at the time of importation or exportation, notifying the level of such rates and charges applied on such date of signature or deposit. Any changes to such rates or other charges shall be notified to the Secretariat, which shall inform the Contracting Parties of such changes.

4) Each Contracting Party shall endeavour not to increase any tariff rate or other charge levied at the time of importation or exportation:

a) In the case of the importation of energy materials and products described in part i of the schedule relating to the Contracting Party referred to in article n of the GATT, above the level set forth in that schedule, if the Contracting Party is a party to the GATT;

b) In the case of the exportation of energy materials and products, and that of their importation if the Contracting Party is not a party to the GATT, above the level most recently notified to the Secretariat, except as permitted by the provisions made applicable by subparagraph 2), a).

5) A Contracting Party may increase such tariff rate or other charge above the level referred to in paragraph 4) only if:

a) In the case of a rate or other charge levied at the time of importation, such action is not inconsistent with the applicable provisions of the GATT other than those provisions of GATT 1947 and related instruments listed in annex G and the corresponding provisions of GATT 1994 and related instruments; or

d) 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) Signatories undertake to commence negotiations not later than 1 January 1995 with a view to concluding by 1 January 1998, as appropriate in the light of any developments in the world trading system, a text of an amendment to this Treaty which shall, subject to conditions to be laid down therein, commit each Contracting Party not to increase such tariffs or charges beyond the level prescribed under that amendment.

7) Annex D shall apply to disputes regarding compliance with provisions applicable to trade under this article and, unless both Contracting Parties agree otherwise, to disputes regarding compliance with article 5 between Contracting Parties at least one of which is not a party to the GATT, except that annex D shall not apply to any dispute between