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PUA Annual Conference The Energy Charter Jerusalem 30 November 2015 Ernesto Bonafé Regulatory expert Energy Charter Secretariat
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Outline 1991 European Energy Charter 1994 Energy Charter Treaty 2015 International Energy Charter
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1991 European Energy Charter (1) End of Cold War East – West energy cooperation Political declaration Observer countries
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1991 European Energy Charter (2) Open markets and participation of private sector Non-discrimination and transparency Energy consuming, producing and transit countries Developed and developing countries Legal agreement
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1994 Energy Charter Treaty (1) Energy ecurity, open markets, sustainability Intergubernamental and multilateral Long-term stability and predictability Reduction of non-commercial risks Enhance level playing field and rule of law Full members or contracting parties
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1994 Energy Charter Treaty (2) Investment Trade and Transit Energy efficiency Soft law provisions Dispute settlement / Amicable solutions National sovereignty
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Investment Investor – natural or legal person from contracting party Every kind of asset related to economic activity in energy Fair and equitable treatment Non-discrimination National treatment Protection against unlawful expropriation In/tangible, im/movable, property rights A company or business, shares, equity, debt Claims to money, contract having economic value Intellectual property Returns Rights conferred by law or contract
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National sovereignty Development of natural resources Energy mix Liberalisation Industrial restructuring Environmental regulation Taxation
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Institutions Energy Charter Conference Energy Charter Secretariat Working Groups Industrial Advisory Panel
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ECT content - sources Investment chapter BITS, NAFTA EU internal energy market GATT/ WTO
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2015 International Energy Charter The Hague Ministerial Conference 20/21 May 2015, Same universal principles for new challenges New observer countries from all continents
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Why the long-term is important? Climate change and decarbonisation Energy security Liberalisation and competition Regional markets Energy access Building trust in global, regional and national markets
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Thank you very much Ernesto.Bonafe@encharter.org
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