3. Article

1. (1)) This Protocol defines policy principles for the promotion of energy efficiency as a considerable source of energy and for consequently reducing adverse Environmental Impacts of energy systems. It furthermore provides guidance on the development of energy efficiency programmes, indicates areas of co-operation and provides a framework for the development of co-operative and co-ordinated action. Such action may include the prospecting for, exploration, production, conversion, storage, transport, distribution, and consumption of energy, and may relate to any economic sector.
2. (1)) Līgumslēdzējpuses sadarbojas un attiecīgi palīdz viena otrai attīstīt un īstenot energoefektivitātes politiku, likumus un noteikumus.
3. (2)) Līgumslēdzējpuses izstrādā energoefektivitātes politiku un attiecīgus juridiskus principus, kas veicina:
4. (2)) The objectives of this Protocol are:
5. (1)) "Charter" means the European Energy Charter adopted in the Concluding Document of the Hague Conference on the European Energy Charter signed at The Hague on 17 December 1991; signature of the Concluding Document is considered to be signature of the Charter.
6. (3)) Līgumslēdzējpuses cenšas sasniegt vislielākā mērā efektīvu Enerģētiskā Cikla funkcionēšanu. Šajā sakarā tās savas kompetences ietvaros formulē un realizē energoefektīvu politiku un sadarbojas vai koordinē savu darbību, balstoties uz izmaksu un ekonomisko efektivitāti, pienācīgi ņemot vērā vides aizsardzības aspektus.
7. (2)) "Contracting Party" means a state or Regional Economic Integration Organisation which has consented to be bound by this Protocol and for which the Protocol is in force.
8. (4)) Energoefektīva politika ietver gan īstermiņa darbību, sakārtojot iepriekšējā perioda likumdošanu, gan ilgtermiņa darbību, uzlabojot Enerģētiskā Cikla energoefektivitāti.
9. (5)) Sadarbojoties, lai sasniegtu šī Protokola izvirzītos mērķus, Līgumslēdzējpuses ņem vērā starpību starp nelabvēlīgām sekām un izmaksu samazināšanos, kas skar atsevišķas Līgumslēdzējpuses.
10. (3)) "Regional Economic Integration Organisation" means an organisation constituted by states to which they have transferred competence over certain matters a number of which are governed by this Protocol, including the authority to take decisions binding on them in respect of those matters.
11. (4)) "Energy Cycle" means the entire energy chain, including activities related to prospecting for, exploration, production, conversion, storage, transport, distribution and consumption of the various forms of energy, and the treatment and disposal of wastes, as well as the decommissioning, cessation or closure of these activities, minimising harmful Environmental Impacts.
12. (6)) Līgumslēdzējpuses atzīst privātā sektora vitāli svarīgo lomu. Tās veicina energouzņēmumu, atbildīgo amatpersonu un specializētu struktūru aktīvu darbību, kā arī ciešu sadarbību starp rūpniecību un pārvaldes struktūrām.
13. (7)) Veicot koordinētu sadarbību, Līgumslēdzējpuses ņem vērā tām saistošajos starptautiskajos līgumos noteiktus būtiskus principus, kas veicina apkārtējās vides aizsardzību un tās stāvokļa uzlabošanos.
14. (5)) "Cost-Effectiveness" means to achieve a defined objective at the lowest cost or to achieve the greatest benefit at a given cost.
15. (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 output, while reducing the amount of energy required to produce that output.
16. (8)) Līgumslēdzējpuses pilnā mērā izmanto kompetentu starptautisku vai citu organizāciju pakalpojumus un ekspertīzi, kā arī rūpējas, lai atsevišķu struktūru darbība nepārklātos.
17. (7)) "Environmental Impact" means any effect caused by a given activity on the environment, including human health and safety, flora, fauna, soil, air, water, climate, landscape and historical monuments or other physical structures or the interactions among these factors; it also includes effects on cultural heritage or socio-economic conditions resulting from alterations to those factors.
18. (1)) Contracting Parties shall cooperage and, as appropriate, assist each other in developing and implementing energy efficiency policies, laws and regulations.
19. (2)) Contracting Parties shall establish energy efficiency policies and appropriate legal and regulatory frameworks which promote, inter alia:
20. (3)) Contracting Parties shall strive to achieve the full benefit of energy efficiency throughout the Energy Cycle. To this end they shall, to the best of their competence, formulate and implement energy efficiency policies and co-operative or co-ordinated actions based on Cost-Effectiveness and economic efficiency, taking due account of environmental aspects.
21. (4)) Energy efficiency policies shall include both short-term measures for the adjustment of previous practices and long-term measures to improve energy efficiency throughout the Energy Cycle.
22. (5)) When co-operating to achieve the objectives of this Protocol, Contracting Parties shall take into account the differences in adverse effects and abatement costs between Contracting Parties.
23. (6)) Contracting Parties recognise the vital role of the private sector. They shall encourage action by energy utilities, responsible authorities and specialised agencies, and close Cupertino between industry and administrations.
24. (7)) Co-operative or co-ordinated action shall take into account relevant principles adopted in international agreements, aimed at protection and improvement of the environment, to which Contracting Parties are parties.
25. (8)) Contracting Parties shall take full advantage of the work and expertise of competent international or other bodies and shall take care to avoid duplication.
26. (1)) Contracting Parties shall encourage the implementation of new approaches and methods for financing energy efficiency and energy-related environmental protection investments, such as joint venture arrangements between energy users and external investors (hereinafter referred to as "Third Party Financing").
27. (2)) Contracting Parties shall endeavour to take advantage of and promote access to private capital markets and existing international financing institutions in order to facilitate investments in Improving Energy Efficiency and in environmental protection related to energy efficiency.
28. (3)) Contracting Parties may, subject to the provisions of the Energy Charter Treaty and to their other international legal obligations, provide fiscal or financial incentives to energy users in order to facilitate market penetration of energy efficiency technologies, products and services. They shall strive to do so in a manner that both ensures transparency and minimises the distortion of international markets.
29. (1)) Consistent with the provisions of the Energy Charter Treaty, Contracting Parties shall encourage commercial trade and co-operation in energy efficient and environmentally sound technologies, energy-related services and management practices.
30. (2)) Contracting Parties shall promote the use of these technologies, services and management practices throughout the Energy Cycle.
31. (1)) In order to achieve the policy aims formulated according to Article 5, each Contracting Party shall develop, implement and regularly update energy efficiency programmes best suited to its circumstances.
32. (2)) These programmes may include activities such as the:
33. (3)) In implementing their energy efficiency programmes, Contracting Parties shall ensure that adequate institutional and legal infrastructures exist.
34. (1)) All decisions made by the Charter Conference in accordance with this Protocol shall be made by only those Contracting Parties to the Energy Charter Treaty who are Contracting Parties to this Protocol.
35. (2)) The Charter Conference shall endeavour to adopt, within 180 days after the entry into force of this Protocol, procedures for keeping under review and facilitating the implementation of its provisions, including reporting requirements, as well as for identifying areas of co-operation in accordance with Article 9.
36. (1)) The Secretariat established under Article 35 of the Energy Charter Treaty shall provide the Charter Conference with all necessary assistance for the performance of its duties under this Protocol and provide such other services in support of the Protocol as may be required from time to time, subject to approval by the Charter Conference.
37. (2)) The costs of the Secretariat and Charter Conference arising from this Protocol shall be met by the Contracting Parties to this Protocol according to their capacity to pay, determined according to the formula specified in Annex B to the Energy Charter Treaty.
38. (1)) Unanimity of Contracting Parties Present and Voting at the meeting of the Charter Conference where such matters fall to be decided shall be required for decisions to:
39. (2)) For purposes of this Article, "Contracting Parties Present and Voting" means Contracting Parties to this Protocol present and casting affirmative or negative votes, provided that the Charter Conference may decide upon rules of procedure to enable such decisions to be taken by Contracting Parties by correspondence.
40. (3)) Except as provided in paragraph (1) in relation to budgetary matters, no decision referred to in this Article shall be valid unless it has the support of a simple majority of Contracting Parties.
41. (4)) A Regional Economic Integration Organisation shall, when voting, have a number of votes equal to the number of its member states which are Contracting Parties to this Protocol; provided that such an Organisation shall not exercise its right to vote if its member states exercise theirs, and vice versa.
42. (5)) In the event of persistent arrears in a Contracting Party's discharge of financial obligations under this Protocol, the Charter Conference may suspend that Contracting Party's voting rights in whole or in part.
43. (1)) In the event of inconsistency between the provisions of this Protocol and the provisions of the Energy Charter Treaty, the provisions of the Energy Charter Treaty shall, to the extent of the inconsistency, prevail.
44. (2)) Article 10(1) and Article 12(1) to (3) shall not apply to votes in the Charter Conference on amendments to this Protocol which assign duties or functions to the Charter Conference or the Secretariat, the establishment of which is provided for in the Energy Charter Treaty.
45. (1)) Any Contracting Party may propose amendments to this Protocol.
46. (2)) The text of any proposed amendment to this Protocol shall be communicated to Contracting Parties by the Secretariat at least three months before the date on which it is proposed for adoption by the Charter Conference.
47. (3)) Amendments to this Protocol, texts of which have been adopted by the Charter Conference, shall be communicated by the Secretariat to the Depository which shall submit them to all Contracting Parties for ratification, acceptance or approval.
48. (4)) Instruments of ratification, acceptance or approval of amendments to this Protocol shall be deposited with the Depository. Amendments shall enter into force between Contracting Parties having ratified, accepted or approved them on the thirtieth day after deposit with the Depository of instruments of ratification, acceptance or approval by at least three-fourths of the Contracting Parties. Thereafter the amendments shall enter into force for any other Contracting Party on the thirtieth day after that Contracting Party deposits its instrument of ratification, acceptance or approval of the amendments.
49. (1)) This Protocol shall enter into force on the thirtieth day after the date of deposit of the fifteenth instrument of ratification, acceptance or approval thereof, or of accession thereto, by a state or Regional Economic Integration Organisation which is a signatory to the Charter and a Contracting Party to the Energy Charter Treaty or on the same date as the Energy Charter Treaty enters into force, whichever is later.
50. (2)) For each state or Regional Economic Integration Organisation for which the Energy Charter Treaty has entered into force and which ratifies, accepts, or approves this Protocol or accedes thereto after the Protocol has entered into force in accordance with paragraph (1), the Protocol shall enter into force on the thirtieth day after the date of deposit by such state or Regional Economic Integration Organisation of its instrument of ratification, acceptance, approval or accession.
51. (3)) For the purposes of paragraph (1), any instrument deposited by a Regional Economic Integration Organisation shall not be counted as additional to those deposited by member states of such Organisation.
52. (1)) At any time after this Protocol has entered into force for a Contracting Party, that Contracting Party may give written notification to the Depository of its withdrawal from the Protocol.
53. (2)) Any Contracting Party which withdraws from the Energy Charter Treaty shall be considered as also having withdrawn from this Protocol.
54. (3)) The effective date of withdrawal under paragraph (1) shall be ninety days after receipt of notification by the Depository. The effective date of withdrawal under paragraph (2) shall be the same as the effective date of withdrawal from the Energy Charter Treaty.