Rs 0.730.01 Protocol Of 17 December 1994 Of The Charter Of Energy On Energy Efficiency And Related Environmental Aspects

Original Language Title: RS 0.730.01 Protocole du 17 décembre 1994 de la Charte de l’énergie sur l’efficacité énergétique et les aspects environnementaux connexes

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0.730.01 original Protocol of the Energy Charter on energy efficiency and related environmental aspects concluded at Lisbon on 17 December 1994, approved by the Federal Assembly on 14 December 1995, Instrument of ratification deposited by the Switzerland on September 19, 1996, entered into force for the Switzerland on 16 April 1998 (State on November 14, 2006) preamble the Parties to this Protocol , whereas the European Energy Charter adopted by means of the final document of the Hague Conference on the European Energy Charter signed in the Hague on 17 December 1991, and such statements are attached according to which cooperation is necessary in the field of energy efficiency and the protection of the environment;
whereas also the Energy Charter Treaty, opened for signature from 17 December 1994 to 16 June 1995;
Bearing in mind the work undertaken by the organizations and international bodies in the field of energy efficiency and environmental aspects of the energy cycle;
aware of the greater security of supply and economic and environmental gains generated by the implementation of measures of energy efficiency with cost-effective, and aware of the importance of these measures in the restructuring of economies and improving living standards;
grateful that the improvements made in the field of energy efficiency reduce the negative effects of the energy cycle on the environment, including global warming and acidification;
convinced that energy prices must reflect, in as much as possible, a competitive market, ensuring a price formation oriented to the market, including taking better into account the environmental costs and benefits, and recognizing that such training of prices is essential for progress in the field of energy efficiency and the protection of the environment;
Recognizing the essential role played by the private sector, including small and medium-sized enterprises, in the promotion and the implementation of efficiency measures energy and willing to provide an institutional framework for economically viable investments in the field of energy efficiency.
Recognizing that commercial cooperation forms may possibly be complemented by intergovernmental cooperation, in particular in the area of the formulation of the energy policy and analysis as well as other areas essential to improving energy efficiency but which do not lend themselves to funding private; and willing to take joint action in the area of energy efficiency and the protection of the environment and to adopt a protocol creating a framework for the more economical use and the most effective possible energy, have agreed to the following: Section I Introduction art. 1 scope and objectives of the Protocol 1. This Protocol defines the principles of a policy for the promotion of energy efficiency, regarded as an important energy source, and the reduction of the harmful effects of energy systems on the environment. It provides guidance on the development of energy efficiency programs, identifies areas of cooperation and creates a framework for the realization of a coordinated joint action. Such action may include prospecting, exploration, production, conversion, storage, transport, distribution and consumption of energy, and may relate to any economic sector.
((2. the objectives of this Protocol are: a) the promotion of compatible with sustainable development energy efficiency policies; b) the creation of conditions to encourage producers and consumers to use energy in the most economical, efficient and healthy manner for the environment, in particular through the organisation of energy markets effective and a better taking into account of the environmental costs and benefits; etc) the encouragement of co-operation in the field of energy efficiency.

Art. 2 definitions as they are used in this Protocol, the following terms have the following meaning: 1) "Charter" means the European Energy Charter adopted by means of the final document of the Hague Conference on the European Energy Charter signed at the Hague on 17 December 1991; the signing of the final document is regarded as a signature of the Charte.2) "Contracting Party" means any State or any organization of regional economic integration, which has agreed to be bound by this Protocol and for which or for which it is in vigueur.3) 'Regional economic integration organization' means any organization constituted by States to which they have transferred skills in specific areas which some are governed by this Protocol (, including the power to make decisions that bind in these domaines.4) 'Energy Cycle' means the entire energy chain, including activities related to prospecting, exploration, production, conversion, storage, transport, distribution and consumption of the various forms of energy, the treatment and disposal of waste, as well as the decommissioning ((, cessation or closure of these activities, the harmful impact to the environment must be reduced to a minimum.5) 'Cost-effective' means the realization of a specific objective at the lowest cost or obtaining the largest advantage at a cost donne.6) 'Improving energy efficiency' means acting to maintain the same unit of output (of a good or service) without reducing the quality or performance of the production (while reducing the amount of energy required to generate this production.7) 'Environmental Impact' means any effect caused by an activity on the environment, including health and human security, the flora, fauna, soil, air, water, climate, landscape and historical monuments or other physical or interaction structures between these factors; This term also covers the effects on cultural heritage or socio-economic conditions resulting from the alteration of these factors.

Section II principles of policy general art. 3 basic principles the parties are guided by the following principles: 1. the contracting parties to cooperate and, where appropriate, help each other in the field of the development and the implementation of policies, laws and regulations relating to energy efficiency.
2. the contracting parties establish energy efficiency policies and legal and regulatory frameworks that promote, among others: has) the effective functioning of the market mechanisms, including training of the price-oriented market and taking better into account the environmental costs and benefits;
((b) the lowering of barriers to energy efficiency, thus stimulating investment; c) mechanisms for financing energy efficiency initiatives; d) education and awareness; e decision-making) dissemination and technology transfer; f) the transparency of legal and regulatory frameworks.

3. the contracting parties are trying to get the full benefit of energy efficiency throughout the energy cycle. To this end, they formulate and implement, in the extent of their competence, energy efficiency policies and common actions or coordinated, based on cost-efficiency and effective economic, taking into account environmental considerations.
4. the energy efficiency policies include short-term measures to adapt previous practices and measures long term to improve energy efficiency throughout the energy cycle.
5. in the context of the cooperation with the objectives of this Protocol, the contracting parties take into account the differences between the contracting parties in terms of harmful effects and abatement costs.
6. the contracting parties recognize the essential role of the private sector. They encourage the actions undertaken by public service institutions deploying their activities in the field of energy, responsible authorities and the specialized agencies, and promote close cooperation between industry and Governments.
7. the common or coordinated action takes into account the relevant principles adopted in international agreements which are intended the protection and improvement of the environment and to which the contracting parties are parties.
8. the contracting parties take full advantage of the work and expertise of relevant bodies, international or otherwise, and shall avoid duplication.

Art. 4 allocation of responsibility and coordination


Each Contracting Party strives to ensure that energy efficiency policies are coordinated between all of its responsible authorities.

Art. 5 strategies and objectives of the policies the contracting parties formulate strategies and targets to improve energy efficiency and reduce the environmental impact of the energy cycle, taking into account their specific energy conditions. These strategies and targets should be transparent to all interested parties.

Art. 6 funding and financial incentives 1. The contracting parties will encourage the implementation of new approaches and methods relating to the financing of investments for energy efficiency and the protection of the environment related to the energy field, such as agreements of joint venture between energy users and external investors, hereinafter referred to as 'funding by a third.
2. the contracting parties strive to operate and encourage access to private capital markets and existing international financial institutions to facilitate investments in improving energy efficiency and environmental protection related to energy efficiency.
3. the contracting parties may, subject to the provisions of the Charter Treaty energy and other international legal obligations that their responsibilities, provide tax incentives or financial energy users to facilitate the penetration in the market of technologies, products and energy efficiency services. They strive to do so in order to ensure both transparency and distortion as low as possible in the international markets.

Art. 7 promotion of efficient technologies from the energy point of view 1. In accordance with the provisions of the Energy Charter Treaty, contracting parties encourage exchanges and cooperation in the field of technologies, services and management practices of the energy and environmental point of view.
2. the contracting parties support the use of these technologies, services and management practices throughout the energy cycle.

Art. 8 national programmes 1. In order to achieve the objectives formulated in accordance with art. 5, each Contracting Party develops, implements and maintains regular energy efficiency programs best suited to their own situation.
2. these programmes may include activities such as: a) the development of long-term scenarios of demand and supply of energy in order to guide the decision-making process; b) the assessment of the impact of the actions undertaken on energy, the environment and the economy; c) the definition of standards designed to improve the efficiency of the equipment using the energy and efforts to harmonize these standards at the international level in order to avoid distortions of trade; d) development and encouragement private initiative and industrial cooperation, including joint ventures; e) the support of the use of effective technologies from the point of view of energy that are economically viable and environmentally; f) encouragement of innovative approaches in the field of investment for the improvement of energy efficiency, such as third-party financing and co-financing; g) the development of appropriate energy balances and databases ((, for example with data on the demand for energy which are sufficiently detailed and on technologies that improve energy efficiency; h) support for the creation of services of advice and expertise, which can be public or private or public service institutions industry-led and which provide information on programs and energy efficiency technologies and advise consumers and businesses; i) the support and encouragement of co-generation and measures to increase the effectiveness of the regional production of heat and distribution in buildings and industry systems; j) establishing, at the appropriate levels, of bodies active in the field of energy efficiency, which have the means and staff to design and implement policies.

3. in the implementation of their energy efficiency programs, the contracting parties shall ensure that institutional and legal infrastructure adequate exist.

Section III Cooperation international art. 9 areas of cooperation cooperation between the contracting parties may take any form deemed appropriate. The areas in which cooperation is possible are listed in the annex.

Section IV administrative arrangements and legal art. 10 role of the Conference of the Charter 1. All decisions taken by the Conference of the Charter in accordance with this Protocol are taken only by the contracting parties to the Charter Treaty energy which are contracting parties to this Protocol.
2. the Conference of the Charter seeks to adopt, within 180 days of the tree into force of the present Protocol, procedures designed to control and facilitate the implementation of the provisions thereof, including reporting requirements, as well as procedures with purpose the identification of areas of cooperation in accordance with art. 9 art. 11 secretariat and financing 1. The Secretariat established by art. 35 of the Energy Charter Treaty ready for the Charter Conference of all necessary assistance to carry out his mission in respect of this Protocol and provides, where appropriate, the services necessary for the implementation of it, subject to the approval by the Charter Conference.
2. the costs of the Secretariat and the Conference of the Charter as a result of this Protocol are covered by the contracting parties to this Protocol according to their capacity to finance, determined according to the formula set out in Schedule B of the Energy Charter Treaty.

Art. 12 votes 1. The unanimity of the Contracting Parties present and voting at the meeting of the Charter Conference of called to rule on these matters is required for the decisions of the object: has) to adopt amendments to this Protocol; ETB) approve accessions to this Protocol under art. 16. the contracting parties make every effort to reach agreement by consensus on any matter requiring their decision under the terms of this Protocol. If an agreement cannot be reached by consensus, decisions on non-budgetary issues are adopted by a majority of three quarters of the contracting parties and voting at the meeting of the Charter Conference of called to rule on these issues.
Decisions on budgetary matters are adopted by a qualified majority of contracting parties whose estimated contributions, to the title of art. 11 by. 2, represent, together, at least three quarters of the total estimated contributions.
2. for the purposes of this article, 'parties means Parties and voting "the contracting parties to this Protocol which are present and express a vote affirmative or negative, provided that the Charter Conference may adopt rules of procedure allowing the contracting parties to make these decisions by correspondence.
3. except in the case provided for in paragraph 1 with respect to budgetary issues, the decisions referred to in this article are valid if they collect the simple majority of votes of the contracting parties.
4. in the case of a vote, the regional economic integration organizations have a number of votes equal to that of their Member States a Contracting Party to this Protocol, provided that they do not exercise their right to vote when their Member States exercise theirs, and vice versa.
5. in the case of a rear persistent to a Contracting Party in respect of its financial obligations under the present Protocol, the Charter Conference may suspend the exercise of the right to vote of that Contracting Party in whole or in part.

Art. 13 relationship with the 1 Energy Charter Treaty. In the event of inconsistency between the provisions of this Protocol and the provisions of the Energy Charter Treaty, the provisions of this prevalent, insofar as there is a conflict.
2. art. 10, by. 1 and art. 12, by. 1 to 3 do not apply to the votes involved in the Conference of the Charter relating to amendments to this Protocol which assign tasks or functions to the Charter Conference or the Secretariat is established by the Charter Treaty energy.

Section V provisions final art. 14 signature this Protocol is opened, in Lisbon, on 17 December 1994 to 16 June 1995, the signature of States and regional economic integration whose representatives organizations have signed the Charter and the Energy Charter Treaty.

Art. 15 ratification, acceptance or approval


This Protocol is subject to ratification, acceptance or approval of the signatories. The instruments of ratification, acceptance or approval are deposited with the depositary.

Art. 16 accession this Protocol is open for accession States and the regional economic inte-gration organisations who have signed the Charter and are contracting parties to the Treaty on the Energy Charter from the date on which the deadline for the signing of this Protocol has expired, on terms to be approved by the Charter Conference. The instruments of accession are deposited with the depositary.

Art. 17 amendments 1. Any Contracting Party may propose amendments to this Protocol.
2. the text of any proposed amendment to this Protocol is communicated to contracting parties by the Secretariat at least three months before the date on which it is submitted for adoption to the Conference of the Charter.
3. amendments to this Protocol which the text was adopted by the Charter Conference are communicated by the Secretariat to the Depositary which shall submit them to all contracting parties for ratification, acceptance or approval.
4. the instruments of ratification, acceptance or approval of amendments to this Protocol are deposited with the depositary. The amendments come into force, between the contracting parties which ratified, accepted or approved, the thirtieth day after the deposit with the depositary of the instruments of ratification, of acceptance or approval by at least three quarters of the contracting parties. Then, the amendments come into force for any other Contracting Party, the thirtieth day after that Contracting Party deposited its instruments of ratification, acceptance or approval of the amendments.

Art. 18 entry into force 1. This Protocol comes into force the thirteenth day after the date of deposit of the fifteenth instrument of ratification, acceptance or approval or accession of a State or a regional economic integration organization which is a signatory to the Charter and a Contracting Party to the Energy Charter Treaty or on the date on which the Treaty of the Charter of the energy comes into force the latest date is later.
2. for any State or any organization of regional economic integration for which the Charter Treaty energy entered into force and which ratifies, accepts or approves the present Protocol or adhere after the entry into force in accordance with the by. 1 this Protocol comes into force 30 days after the date of deposit by that State or that organization of regional economic integration, of its instruments of ratification, acceptance, approval or accession.
3. for the purposes of the by. 1, any instrument deposited by a regional economic inte-gration is not added to the instruments deposited by States members of this organization.

Art. 19 reservations no reservations may be made with respect to this Protocol.

Art. 20 withdrawal 1. After this Protocol has entered into force for a Contracting Party, it may notify at any time to the depositary, in writing, its withdrawal from this Protocol.
2. any Contracting Party which withdraws from the Charter Treaty energy is considered as withdrawing also this Protocol.
3. any withdrawal referred to the by. 1 takes effect 90 days after the date of receipt of the notification by the depositary. The date of taking effect of any withdrawal referred to the by. 2 is the same as the date of coming into effect of the withdrawal of the Energy Charter Treaty.

Art. 21 depositary the Government of the Portuguese Republic is the depositary of this Protocol.

Art. 22 authenticity of texts in faith of what, the undersigned, duly authorized to that effect, have signed this Protocol in the languages German, English, Spanish, French, Italian and Russian, each text being equally authentic, in one original copy, which is deposited with the Government of the Portuguese Republic.
Done at Lisbon, on December 17, 1994.
(Follow signatures)

Appendix illustrative and not exhaustive list of possible areas of cooperation, under art. 9 development of energy efficiency programs, including the identification of barriers and potentials related to energy efficiency, and development of standards, labelling and energy efficiency.
Assessment of the environmental impact of the energy cycle.
Development of economic, legislative and regulatory measures.
Transfer of technology, technical assistance and industrial ventures governed by international property rights regimes and other applicable international agreements.
Research and development.
Teaching, training, information and statistics.
Identification and assessment of measures such as fiscal instruments or other instruments based on the market, including negotiable permissions, to the taking into account of external, particularly environmental benefits and costs.
Analysis energy and formulation of policies: - the potential energy efficiency assessment; - energy demand analysis and statistics; - development of legislative and regulatory measures; - integrated planning of resources - and demand management; assessment of environmental impact, including that of major energy projects.

Evaluation of economic instruments to improve energy efficiency and environmental objectives.
Analysis of energy efficiency in the area of refining, conversion, transport and distribution of hydrocarbons.
Improvement of energy efficiency in the field of production and transmission of electricity: - cogeneration; - central elements (boilers, turbines, generators, etc.); -network integration.

Improvement of energy efficiency in the construction sector:-standards of thermal insulation, passive solar and ventilation; - space heating and air conditioning systems - high efficiency and low emission of NOx burners; - technologies of measuring and measuring individual; - appliances and lighting.

Services of the municipalities and local communities: - local heating systems; - efficient gas distribution systems - energy planning technologies; - town twinning or other relevant territorial entities; - management in cities and public buildings energy - waste management and energy recovery from waste.

Improvement of energy efficiency in the industrial sector: - co-entreprises; - energy cascading, cogeneration and heat from waste recovery; - energy audits.

Improvement of energy efficiency in the transport sector: - standards of performance for motor vehicles; - development of effective transport infrastructure.

Information: - efforts to raise a consciousness; - databases: access, technical specifications, information systems; - dissemination, collection and collation of technical information; - behavior studies.

Training and education: - Exchange managers, officials, engineers and students active in the field of energy; - organization of international training courses.

Funding: - development of a legal framework; - financing by third parties; - co-entreprises; - co-financing.

Scope on September 18, 2006 States parties Ratification, accession (A) entry into force Albania, 12 February 1998 13 May 1998 Germany 16 December 1997 16 April 1998 Armenia January 19, 1998 April 19, 1998 Austria December 16, 1997 16 April 1998 Azerbaijan December 23, 1997 April 16, 1998 Belgium 8 May 1998 7 June 1998 Bosnia and Herzegovina may 17, 2001 August 16, 2001 Bulgaria November 15, 1996 16 April 1998 Cyprus 15 April 1998 May 15, 1998 community European (EC/EU/EEC) December 16, 1997 April 16, 1998 Croatia 15 September 1998 15 October 1998 Denmark 16 December 1997 16 April 1998 Spain December 16, 1997 April 16, 1998 Estonia may 4, 1998 June 3, 1998 Finland December 16, 1997 16 April 1998 France September 28, 1999 27 December 1999 Greece 4 September 1997 16 April 1998 Hungary April 8, 1998 July 7, 1998 Ireland April 15, 1999 July 14, 1999 Italy 16 December 1997 April 16, 1998

Japan October 25, 2002 January 23, 2003 Kazakhstan August 6, 1996 16 April 1998 Kyrgyzstan 7 July 1997 16 April 1998 Latvia 5 January 1999 February 4, 1999 Liechtenstein 12 December 1997 16 April 1998 Lithuania September 14, 1998 October 14, 1998 Luxembourg November 27, 1997 16 April 1998 Macedonia 1 September 1998 was 1 October 1998 Malta June 10, 2001 September 9, 2001 Moldova 22 June 1996 16 April 1998 Mongolia 19 November 1999 A 19 March 2000 Uzbekistan

March 12, 1996 April 16, 1998 Netherlands December 16, 1997 April 16, 1998 Poland April 24, 2001 July 23, 2001 Portugal 16 December 1997 April 16, 1998 Czech Republic may 28, 1996 16 April 1998 Romania August 12, 1997 16 April 1998 United Kingdom December 16, 1997 April 16, 1998 Isle of Man December 16, 1997 16 April 1998 Jersey 16 December 1997 16 April 1998 Slovakia 16 October 1995 Slovenia April 16, 1998


September 10, 1997 April 16, 1998 Sweden 16 December 1997 16 April 1998 Switzerland 19 September 1996 16 April 1998 Tajikistan 25 June 1997 April 16, 1998 Turkmenistan 17 July 1997 16 April 1998 Turkey April 5, 2001 July 4, 2001 Ukraine October 29, 1998 27 January 1999 a version of the update scope is published on the web site of the FDFA (http://www.eda.admin.ch/eda/f/home/foreign/intagr/dabase.html).

State on November 14, 2006

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