636-(4)

II SÉRIE-A — NÚMERO 35

sions, declarations and understandings, concluded under the auspices of GATT 1947 as subsequently rectified, amended or modified; or ii) The Agreement Establishing the World Trade Organization including its annex 1 (except GATT 1994), its annexes 2, 3 and 4, and the decisions, declarations and understandings related thereto, as subsequently rectified, amended or modified;

12) intellectual Property* includes copyrights and related rights, trademarks, geographical indications, industrial designs, patents, layout designs of integrated circuits and the protection of undisclosed information;

13):

a) «Energy Charter Protocol* or «Protocol» means a treaty, the negotiation of which is authorized and the text of which is adopted by the Charter Conference, which is entered into by two or more Contracting Parties in order to complement, supplement, extend or amplify the provisions of this Treaty with respect to any specific sector or category of activity within the scope of this Treaty, or to areas of cooperation pursuant to tide m of the Charter;

b) «Energy Charter Declaration* or «Decla-ration* means a non-binding instrument, the negotiation of which is authorized and the text of which is approved by the Charter Conference, which is entered into by two or more Contracting Parties to complement or supplement the provisions of this Treaty;

14) «Freely convertible currency* means a currency which is widely traded in international foreign exchange markets and widely used in international transactions.

Article 2"

Purpose of the Treaty

This Treaty establishes a legal framework in order to promote long-term cooperation in the energy field, based on complementarities and mutual benefits, in accordance with the objectives and principles of the Charter.

PART n

Commerce

Article 3

International markets

The Contracting Parties shall work to promote access to international markets on commercial terms, and generally to develop an open and competitive market, for energy materials and products.

Article 4

Non-derogation from GATT and related instruments

Nothing in this Treaty shall derogate, as between particular Contracting Parties which are parties to the GATT, from the provisions of the GATT and related instruments as they are applied between those Contracting Parties.

Article 5 Trade-related investment measures

1) A Contracting Party shall not apply any trade-related investment measure that is inconsistent with the provisions of article ra or xi of the GATT; this shall be without prejudice to the Contracting Party's rights and obligations under the GATT and Related Instruments and article 29.

2) Such measures include any investment measure which is mandatory or enforceable under domestic law or under any administrative ruling, or compliance with which is necessary to obtain an advantage, and which requires:

a) The purchase or use by an enterprise of products of domestic origin or from any domestic source, whether specified in terms of particular products, in terms of volume or value of products, or in terms of a proportion of volume or value of its local production; or

b) That an enterprise's purchase or use of imported products be limited to an amount related to the volume or value of local products that it exports;

or which restricts:

. c) The importation by an enterprise of products used in or related to its local production, generally or to an amount related to the volume or value of local production that it exports;

d) The importation by an enterprise of products used in or related to its local production by restricting its access to foreign exchange to an amount rela-

. ted to the foreign exchange inflows atfributabte to the enterprise; or

e) The exportation or sale for export by an enterprise of products, whether specified in terms of particular products, in terms of volume or value of products, or in terms of a proportion of volume or value of its local production.

3) Nothing in paragraph 1 shall be construed to prevent a-Contracting Party from applying the trade-related investment measures described in subparagraphs 2, a), and c) as a condition of eligibility for export promotion, foreign aid, government procurement or preferential tariff or quota programmes.

4) Notwithstanding paragraph 1), a Contracting Party may temporarily continue to maintain trade-related investment measures which were in effect more than 180 days before its signature of this Treaty, subject to the notification and phase-out provisions set out in annex TRM.

Article 6 Competition

1) Each Contracting Party shall work to alleviate market distortions and barriers to competition in economic activity in the energy sector.