Verdrag inzake het Energiehandvest

Partijen met voorbehouden, verklaringen en bezwaren

Partij	Voorbehoud / verklaring	Bezwaren
Australië	Ja	Nee
Belarus	Ja	Nee
EU (Europese Unie)	Ja	Nee
Italië	Ja	Nee
Polen	Ja	Nee
Russische Federatie	Ja	Nee

Australië

15-10-2021

[…] Australia notified the Government of the Portuguese Republic, in the latter’s capacity as depositary of the Energy Charter Treaty, that it did not intend to become a Contracting Party to the Energy Charter Treaty and the Protocol on Energy Efficiency and Related Environmental Aspects, adopted in Lisbon on 17 December 1994.
Australia further declared that it did not consider itself bound, provisionally or in any other manner, to any provisions of the Energy Charter Treaty within 60 days of the day that this notification was received by the depositary.
Under article 45 (2) (c) and article 45 (3) (a) of the Energy Charter Treaty, the termination of the treaty’s provisional application for Australia will take effect on 13 December 2021. […]

Belarus

04-01-2023

Depositary communication
The Secretariat of the Energy Charter notified the government of the Portuguese Republic, in its capacity as depositary of the Energy Charter Treaty, that at its ad hoc meeting on 24 June 2022 the Conference of the Energy Charter decided, as a consequence of the substantive violation of Article 18 of the Energy Charter Treaty and the principles of the European Energy Charter by Belarus in relation to Russian aggression against Ukraine, to suspend the provisional application by Belarus of the Energy Charter Treaty.

EU (Europese Unie)

17-08-2020

Annex to the Note Verbale on the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community.
1. On 29 March 2017, the Government of the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) notified the European Council of the United Kingdom’s intention to withdraw from the European Union (“Union”) and the European Atomic Energy Community (“Euratom”) in accordance with Article 50 of the Treaty on European Union. On 22 March 2019, the European Council decided in agreement with the United Kingdom to extend the period provided for in Article 50(3) of the Treaty on European Union until 12 April 2019. On 10 April 2019, the European Council decided in agreement with the United Kingdom to extend the period provided for in Article 50(3) of the Treaty on European Unon until 31 October 2019. On 29 October 2019, the European Council decided in agreement with the United Kingdom to extend the period provided for in Article 50(3) of the Treaty on European Union until 31 January 2020. The United Kingdom will therefore cease to be a Member State of the European Union and of Euratom on 1 February 2020.
2. On 24 January 2020, the Union and Euratom, and the United Kingdom, in accordance with Article 50, paragraph 2, of the Treaty on European Union, signed an Agreement setting out the arrangements for the withdrawal of the United Kingdom from the Union and Euratom (“Withdrawal Agreement”). The Withdrawal Agreement will enter into force on 1 February 2020, subject to its prior ratification by the United Kingdom and conclusion by the Union and Euratom.
3. In order to address the specific situation of the withdrawal of the United Kingdom from the Union and Euratom, the Withdrawal Agreement provides for a time-limited transition period during which, save certain very limited exceptions, Union law shall be applicable to and in the United Kingdom and that any reference to Member States in Union law, including as implemented and applied by Member States, shall be understood as including the United Kingdom.
4. The Union and Euratom, and the United Kingdom have agreed that Union law within the meaning of the Withdrawal Agreement encompasses international agreements concluded by the Union (or Euratom), or by Member States acting on behalf of the Union (or Euratom), or by the Union (or Euratom) and its Member States jointly.
5. Subject to timely ratification and conclusion of the Withdrawal Agreement, the Union and Euratom notify parties to the international agreements referred to in point 4 above that, during the transition period, the United Kingdom is treated as a Member State of the Union and of Euratom for the purposes of these international agreements.
6. It is understood that the principles set out in this Annex also extend to international instruments and arrangements without legally binding force entered into by the Union or Euratom and to international agreements referred to in point 4 above which are provisionally applied.
7. The provisions relating to the transition period are laid down in Part Four (Articles 126 to 132) of the Withdrawal Agreement, to be read in conjunction with the other relevant provisions of the Withdrawal Agreement, in particular its Part One.
8. The transition period starts on 1 February 2020 and ends on 31 December 2020, but the Withdrawal Agreement foresees the possibility of adopting a single decision extending the transition period for up to 24 months. In the event of an extension, the Union and Euratom will communicate this by a further Note Verbale.
9. At the end of the transition period, the United Kingdom will no longer be covered by the international agreements referred to in points 4 and 6 above. This is without prejudice to the status of the United Kingdom in relation to multilateral agreements to which it is a party in its own right.

Italië

16-12-1997

According to Article 26, paragraph 3, letter b, (ii), Italy declares that they shall not allow that a dispute between an investor and a Contracting Party is decided by arbitration or by international conciliation, if that investor has already submitted the dispute to:
(a) Italian Courts or administrative tribunals; or
(b) has followed the procedure for settlement of disputes as it had been arranged previously.
For this purpose, two different hypothesis may be considered:
(1) if the decision of the dispute has not yet been taken by the judicial or conciliation internal bodies, the investor may give up of his issue, within the procedure or laterally, and apply to other forms of hypothesis of conciliation;
(2) if a decision or any writ of execution has already settled the dispute, no conciliation or international arbitration is possible anymore.
These statements are based either on the principle of no double jeopardy (to avoid that two judgments are issued to settle the same dispute: one by the arbitration body and other by the court of law), or on the 'res judicata' principle, which is binding for the parties in their substantial relations, notwithstanding the possibility of using the remedies which are appropriate, within the procedure or laterally.

Polen

24-04-2001

The Republic of Poland has opted to be included in Annex ID of the Treaty and thus not to allow unconditionally a dispute between a foreign investor and the Republic of Poland to be submitted to international arbitration or conciliation, if that dispute has already been submitted to a competent court or an administrative tribunal in Poland or to a previously agreed arbitration procedure for the settlement of the dispute.
The above position is based on the principle of avoiding two judgments being awarded for the settlement of the same dispute. In the light of the Polish Code of Civil Procedure (CCP), submission of the writ to the court of first instance excludes the possibility of searching legal protection in the other procdure/course. According to the Article 203 of the CCP, the writ can be withdrawn without defendant's permission before the commencement of the hearing unless withdrawal equals disclaimer of the claim. In that case withdrawal of the writ is possible till the delivery of the judgment. Article 711 of the CCP states that a judgment or a decision issued by the arbitration court has the same legal power as a judgment of the court after the court admits its enforceability. Such a decision of the arbitration court is definitive, which means that no means of appeal are allowed. Article 1105, paragraph 2 of the CCP envisages the possiblity of excluding, on the basis of agreement, the jurisdiction of Polish courts, for the benefit of an acting abroad arbitration court. However, according to paragraph 3 of that Article, the Polish court shall consider such an agreement on a foreign arbitration court, only if the defendant submits a duly justified plea before entering into a dispute as to the essence of the matter.
Moreover, Poland is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958.

Russische Federatie

24-08-2009

Depositary communication.
Portugal would like to inform the Presidency and its partners that the Portuguese Government has received, on August 24th, as the Treaty Depository of the Energy Charter Treaty, a notification from the Russian Federation that it does not intend to become a Contracting Party to that Treaty.
The Russian Federation also declares in the same notification that it has no intention of becoming a Party to the Protocol of the Energy Charter related to the Energetic Efficiency and its Environmental Related Aspects.
In accordance with Article 45, 3(a) the provisional application will terminate 60 days after receipt of the notification, i.e. 18 October 2009.