18 DE ABRIL DE 1996

636-(39)

2) The costs of the Secretariat and Charter Conference arising from this Protocol shall be met by Contracting Parties to this Protocol according to their capacity to pay, determined according to the formula specified in annex B to the Energy Charter Treaty.

Article 12

Voting

1) Unanimity of Contracting parties present and voting at the meeting of the Charter Conference where such matters fall be decided shall be required for decisions to:

a) Adopt amendments to this Protocol; and

b) Approve accessions to this Protocol under article 16.

Contracting Parties shall make every effort to reach agreement by consensus on any other matter requiring their decision under this Protocol. If agreement cannot be reached by consensus, decisions on non-budgetary matters shall be taken by a three-fourths majority of Contracting Parties present and voting at the meeting of the Charter Conference at which such matters fall to be decided.

Decisions on budgetary matters shall be taken by a qualified majority of Contracting Parties whose assessed contributions under article 11, 2), represent, in combination, at least three-fourths of the total assessed contributions.

2) For purposes of this article, «Contracting Parties present and voting* means Contracting Parties to this Protocol present and casting affirmative or negative votes, provided that the Charter Conference may decide upon rules of procedure to enable such decisions to be taken by Contracting Parties by correspondence.

3) Except as provided in paragraph 1) in relation to budgetary matters, no decision referred to in this article shall be valid unless it has the support of a simple majority of Contracting Parties.

4) A regional economic integration organization shall, when voting, have a number of votes equal to the number of its member states which are Contracting Parties to this Protocol; provided that such an organization shall not exercise its right to vote if its member states exercise theirs, and vice versa.

5) In the event of persistent arrears in a Contracting Par-, ty's discharge of financial obligations under this Protocol, the Charter Conference may suspend that Contracting Party's votings rights in whole or in part.

Article 13 RelaUon to the Energy Charter Treaty

1) In the event of inconsistency between the provisions of this Protocol and the provisions of the Energy Charter Treaty, the provisions of the Energy Charter Treaty shall, to the extent of the inconsistency, prevail.

2) Article 10, 1), and article 12, 1) to 3), shall not apply to votes in the Charter Conference on amendments to this Protocol which assign duties or functions to the Charter Conference or the Secretariat, the establishment of which is provided for in the Energy Charter Treaty.

PART V

Final provisions

Article 14 Signature

This Protocol shall be open for signature at Lisbon from 17 December 1994 to 16 June 1995 by the states and regional economic integration organizations whose representatives have signed the Charter and the Energy Charter Treaty.

Article 15

Ratification, acceptance or approval

This Protocol shall be subject to ratification, acceptance or appraval by signatories. Instruments of ratification, acceptance or approval shall be deposited with the depositary.

Article 16

Accession

The Protocol shall be open for acession, from the date • on which the Protocol is closed'for signature, by states and regional economic integration organizations which have signed the Charter and are Contracting Parties to the Energy Charter Treaty, on terms to be approved by the Charter Conference. The instruments of accession shall be deposited with the depositary.

Article 17

Amendments

1) Any Contracting Party may propose amendments to this Protocol.

2) The text of any proposed amendment to this Protocol shall be communicated to Contracting Parties by the Secretariat at least three months before the date on which it is proposed for adoption by the Charter Conference.

3) Amendments to this Protocol, texts of which have been adopted by the Charter Conference, shall be communicated by the Secretariat to the depositary which shall submit them to all Contracting Parties for ratification, acceptance or approval.

4) Instruments of ratification, acceptance or approval of amendments to this Protocol shall be deposited with the depositary. Amendments shall enter into force between Contracting Parties having ratified, accepted or approved them on the thirtieth day after deposit with the depositary of instruments of ratification, acceptance or approval by at least three-fourths of the Contracting Parties. Thereafter the amendments shall enter into force for any other Contracting Party on the thirtieth day after that Contracting Party deposits its instrument of ratification, acceptance or approval of the amendments.

Article 18

Entry into force

1) This Protocol shall enter into force on the thirtieth day after the date of deposit of the fifteenth instrument of rati-