Contracting Party shall develop, implement and regularly update energy
Efficiency programmes best suited to its circumstances.
(b) These programmes may include activities such as the:
(i) development of long-term energy demand and supply scenarios to guide decision-making;
(ii) assessment of the energy, environmental and economic impact of actions taken;
(iii) definition of standards designed to improve the efficiency of energy using equipment, and efforts to harmonize these internationally to avoid trade distortions;
(iv) development and encouragement of private initiative and industrial co-operation, including joint ventures;
(v) promotion of the use of the most energy efficient technologies that are economically viable and environmentally sound;
(vi) encouragement of innovative approaches for investments in energy efficiency improvements, such as Third Party Financing and cofinancing;
(vii) development of appropriate energy balances and data bases, for example with data on energy demand at a sufficiently detailed level and on technologies for Improving Energy Efficiency;
(viii) promotion of the creation of advisory and consultancy services which may be operated by public or private industry or utilities and which provide information about energy efficiency programmes and technologies, and assist consumers and enterprises;
(ix) support and promotion of cogeneration and of measures to increase the efficiency of district heat production and distribution systems to buildings and industry;
(x) establishment of specialized energy efficiency bodies at appropriate levels, that are sufficiently funded and staffed to develop and implement policies.
(c) In implementing their energy efficiency programmes, Contracting Parties shall ensure that adequate institutional and legal infrastructures exist.
(4) Role of the ECOWAS Executive Secretariat: The ECOWAS Executive
Secretariat 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.
Article 44. Depository
The ECOWAS Executive Secretariat shall be the Depository of this Protocol.
ECOWAS Executive Secretariat will provide certified copies of the present Protocol to all ECOWAS Member States, notifying them of the dates for filing of the ratification instruments and membership instruments and shall have the present Protocol filed with the African Union, The United Nations, and with any other organizations which Meeting of Energy Ministers may determine.
TESTIMONIUM/AUTHENTIC TEXTS
In witness whereof the undersigned, being duly authorized to that effect, have signed this Protocol in English, French, and Portuguese of which each text is equally authentic, in one original, which will be deposited with the ECOWAS Executive Secretariat.
Conclusion
DONE IN DAKAR ON THE 31 st OF JANUARY IN THE YEAR OF TWO THOUSAND AND THREE
ANNEXES TO THE WEST AFRICA ENERGY PROTOCOL
Nuclear energy
Uranium or thorium ores and concentrates
Uranium ores and concentrates
Thorium ores and concentrates
Radioactive chemical elements and radioactive isotopes (including the fissile or fertile chemical elements and isotopes) and their compounds; mixtures and residues containing these products.
Natural uranium and its compounds.
Uranium enriched in U235 and its compounds; plutonium and its compounds.
Uranium depleted in U235 and its compounds; thorium and its compounds.
Radioactive elements and isotopes and radioactive compounds other than 28.44.10, 28.44.20 or 28.44.30
Spent (irradiated) fuel elements (cartridges) of nuclear reactors.
Heavy water (deuterium oxide).
Coal, Natural Gas, Petroleum and Petroleum Products, Electrical Energy
Coal, briquettes, ovoids and similar solid fuels manufactured from coal.
Lignite, whether or not agglomerated excluding jet.
Peat (including peat litter), whether or not agglomerated.
Coke and semi-coke of coal, of lignite or of peat, whether or not agglomerated; retort carbon.
Coal gas, water gas, producer gas and similar gasses, other than petroleum gases and other gaseous hydrocarbons.
Tar distilled from coal, from lignite or from peat, and other mineral tars, whether or not dehydrated or partially distilled, including reconstituted tars.
Oils and other products of the distillation of high
Temperature coal tar; similar products in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents (e.
g. , benzole, toluole, xylole, naphtalene, other aromatic hydrocarbon mixtures, phenols, creosote oils and others).
Pitch and pitch coke, obtained from coal tar or from other mineral tars.
Petroleum oils and oils obtained from bituminous minerals, crude.
Petroleum oils and oils obtained from bituminous minerals, other than crude.
Petroleum gases and other gaseous hydrocarbons Liquified:
- Natural gas
- Propane
- Butanes
- Ethylene, propylene, butylenes and butadiene (27.11.14)
- Other
In gaseous state:
- Natural gas
- Other
Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous minerals.
Bitumen and asphalt, natural; bituminous or oil shale and tar sands; asphaltites and asphaltic rocks.
Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (e.
g. , bituminous mastics, cut-backs).
Electrical energy.
Biomass Energy
Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms.
Charcoal (including charcoal from shells or nuts), whether or not agglomerated.
NON-APPLICABLE ENERGY MATERIALS AND PRODUCTS FOR DEFINITIONS OF "ECONOMIC ACTIVITY IN THE ENERGY SECTOR"
(In accordance with Article 1(4))
Oils and other products of the distillation of high temperature coal tar; similar products in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents (e.
g. , benzole, toluole, xylole, naphtalene, other aromatic hydrocarbon mixtures, phenols, creosote oils and others).
Biomass Energy
Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms.
Charcoal (including charcoal from shells or nuts), whether or not agglomerated.
(1) Each Contracting Party shall notify to the Executive Secretariat of ECOWAS all trade-related investment measures which it applies that are not in conformity with the provisions of Article 5, within:
(a) 90 days after the entry into force of this Protocol if the Contracting Party is a member of the WTO; or
(b) 12 months after the entry into force of this Protocol if the Contracting Party is not a party to the WTO.
Such trade-related investment measures of general or specific application shall be notified along with their principal features.
(2) In the case of trade-related investment measures applied under discretionary authority, each specific application shall be notified. Information that would prejudice the legitimate commercial interests of particular enterprises need not be disclosed.
(3) Each Contracting Party shall eliminate all trade-related investment measures which are notified under paragraph (1) within:
(a) two years from the date of entry into force of this Protocol if the Contracting Party is a party to the WTO; or
(b) three years from the date of entry into force of this Protocol if the Contracting Party is not a party to the WTO.
(4) During the applicable period referred to in paragraph (3) a Contracting Party shall not modify the terms of any trade-related investment measure which it notifies under paragraph (1) from those prevailing at the date of entry into force of this Protocol so as to increase the degree of inconsistency with the provisions of Article 5 of this Protocol.
(5) Notwithstanding the provisions of paragraph (4), a Contracting Party, in order not to disadvantage established enterprises which are subject to a trade-related investment measure notified under paragraph (1), may apply during the phase-out period the same trade-related investment measure to a new Investment where:
(a) the products of such Investment are like products to those of the established enterprises; and
(b) such application is necessary to avoid distorting the conditions of competition between the new Investment and the established enterprises.
Any trade-related investment measure so applied to a new Investment shall be notified to the Executive Secretariat of ECOWAS. The terms of such a trade-related investment measure shall be equivalent in their competitive effect to those applicable to the established enterprises, and it shall be terminated at the same time.
(6) Where a state or Regional Economic Integration Organization accedes to this Protocol after the Protocol has entered into force:
(a) the notification referred to in paragraphs (1) and (2) shall be made by the later of the applicable date in paragraph (1) or the date of deposit of the instrument of accession; and
(b) the end of the phase-out period shall be the later of the applicable date in paragraph (3) or the date on which the Protocol enters into force for that state or Regional Economic Integration Organization.
(A) Exceptions to the Application of the Provisions of the WTO Agreement.
(1) The following provisions of the WTO Agreement shall not be applicable under Article 29(2):
(a) Agreement Establishing the World Trade Organisation
All except article IX, paragraphs 3 and 4 and XVI, paragraphs 1, 3, and 4
(i) General Agreement on Tariffs and Trade 1994
II
Schedules of Concessions, paragraphs (1)(a), (1)(b,1 st sentence), (1)(c) and (7)
IV
Special Provisions relating to Cinematographic Films
XV
Exchange Arrangements
XVIII
Governmental Assistance to Economic Development
XXII
Consultation
XXIII
Nullification or Impairment
XXIV
Customs Unions and Free-Trade Areas, paragraph 6
XXV
Joint Action by the Contracting Parties
XXVI
Acceptance. Entry into Force and Registration
XXVII
Withholding or Withdrawal of Concessions
XXVIII
Modification of Schedules
XXVIIIbis
Tariff Negotiations
XXIX
The relation of this Agreement to the Havana Charter
XXX
Amendments
XXXI
Withdrawal
XXXII
Contracting Parties
XXXIII
Accession
XXXV
Non-application of the Agreement between particular Contracting Parties
XXXVI
Principles and Objectives
XXXVII
Commitments
61
XXXVIII Joint Action
"Notes and Supplementary Provisions (related to above-mentioned GATT provisions)
Understanding on the interpretation of Article II: 1(b) of the GATT 1994
2 Date of incorporation of other duties and charges into the schedule
4 Challenges, (1 st sentence only)
6 Dispute settlement
8 Supersession of BISD 27S/24
Understanding on the Interpretation of Article XVII of the GATT 1994
1 only the phrase for review by the working party to be set up under paragraph (5)
5 Working Party on state trading
Understanding on the Balance-of-Payments Provisions of the GATT 1994
5 Committee on Balance-of-Payments Restrictions, except last
Sentence
7 Review by the Committee, the phrase or under paragraph 12(b) of Article XVIII
8 Simplified consultation procedures
13 Conclusions of Balance-of-Payments consultations, first sentence,