18 DE ABRIL DE 1996

636-(45)

tilateral Trade Negotiations are implicit in articles ru and xi of the GATT.

7 — With respect to article 6:

a) The unilateral and concerted anti-competitive conduct referred to in article 6, 2), are to be defined by each Contracting Party in accordance with its taws and may include exploitative abuses;

b) «Enforcement» and «enforces» include action under the competition laws of a Contracting Party by way of investigation, legal proceeding, or administrative action as well as by way of any decision or further law granting or continuing an authorization.

8 — With respect to article 7, 4),—The applicable legislation would include provisions on environmental protection, land use, safety, or technical standards.

. 9 — With respect to articles 9, 10 and part v. — As a Contracting Party's programmes which provide for public loans, grants, guarantees or insurance for facilitating trade or investment abroad are not connected with investment or related activities of investors from other Contracting Parties in its Area, such programmes may be subject to constraints with respect to participation in them.

10 — With respect to article 10, 4).—The supplementary treaty will specify conditions for applying the Treatment described in article 10, 3). Those conditions will include, inter alia, provisions relating to the sale or other divestment of state assets (privatization) and to the dismantling of monopolies (demonopolization).

11 — With respect to articles 10, 49 and 29, 6). — Contracting Parties may consider any connection between the provisions of article 10, 4), and article 29, 6).

12 — With respect to article 14, 5). — It is intended that a Contracting Party which enters into an agreement referred to in article 14, 5) ensure that the conditions of such an agreement are not in contradiction with that Contracting Party's obligations under the articles of Agreement of the International Monetary Fund.

13 —With respect to article 19, 1), i). — It is for each Contracting Party to decide the extent to which the assessment and monitoring of environmental impacts should be subject to legal requirements, the authorities competent to take decisions in relation to such requirements, and the appropriate procedures to be followed.

14 — With respect to articles 22 and 23. — With regard to trade in energy materials and products governed by article 29, that articles specifies the provisions relevant to the subjects covered by articles 22 and 23.

15 — With respect to article 24. — Exceptions contained in the GATT and related instrument apply between particular Contracting Parties which are parties to the GATT, as recognized by article 4. With respect to trade in energy materials and products governed by article 290, that article specifies the provisions relevant to the subjects covered by articie 24.

] 6 — With respect to article 26, 2), a). — Article 26, 2), a), should not be interpreted to require a Contracting Party to enact part m of the Treaty into its domestic law.

17— With respect to articles 26 and 27. — The reference to treaty obligations in the penultimate sentence of article 10, 1), does not include decisions taken by international organizations, even if they are legally binding, or treaties which entered into force before 1 January 1970.

18 —With respect to article 29, 2), a):

a) Where a provision of GATT 1947 or a related instrument referred to in this paragraph provides for joint action by parties to the GATT, it is intended that the Charter Conference take such action;

b) The notion «applied on 1 March 1994 and practised with regard to energy materials and products by parties to GATT 1947 among themselves» is not intended to refer to cases where a party to the GATT has invoked article xxxv of the GATT, thereby disapplying the GATT vis-a-vis another party to the GATT, but nevertheless applies unilaterally on a de facto basis some provisions of the GATT vis-a-vis that other party to the GATT.

19 — With respect to article 33. — The provisional Charter Conference should at the earliest possible date decide how best to give effect to the goal of title m of the European Energy Charter that Protocls be negotiated in areas of cooperation such as those listed in title in of the Charter.

20 —With respect to article 34:

a) The provisional Secretary-General should make immediate contact with other international bodies in order to discover the terms on which they might be willing to undertake tasks arising from the Treaty and the Charter. The provisional Secretary-General might report back to the provisional Charter Conference at the meeting which article 45, 4), requires to be convened not later than 180 days after the opening date for signature of the Treaty;

b) The Charter Conference should adopt the annual budget before the beginning of the financial year.

21 — With respect to article 34, 3), m). — The technical changes to annexes might for instance include, delisting of non-signatories or of signatories that have evinced their intention not to ratify, or additions to annexes N and VC. It is intended that the Secretariat would propose such changes to the Charter Conference when appropriate.

22 — With respect to annex TFU, 1):

a) If some of the parties to an agreement referred to in paragraph 1) have not signed or acceded to the Treaty at the time required for notification, those parties to the agreement which have signed or acceded to the Treaty may notify on their behalf;

b) The need in general for notification of agreements of a purely commercial nature is not foreseen because such agreements should not raise a question of compliance with article 29, a), even when they are entered into by state agencies. The Charter Conference could, however, clarify for purposes of annex TFU which types of agreements referred to in article 29, 2), b), require notification under die annex and which types do not.

Declarations

V — The representatives declared that article 18, 2), shall not be construed to allow the circumvention of the application of die other provisions of the Treaty.

VI — The representatives also noted the following Declarations that were made with respect to the Treaty:

1 — With respect to article 1, 6). —The Russian Federation wishes to have reconsidered, in negotiations with re-