Section XX

 

ENERGY INDUSTRY

 

 

 

Article 79

 

Cooperation of the Member States

 

in the Energy Sphere

 

1. In order to effectively utilise the potential of the fuel and energy complex of the Member States, as well as to provide national economies with the main types of energy resources (electricity, gas, oil and petroleum products), the Member States shall develop long-term mutually beneficial cooperation in the energy sphere, conduct coordinated energy policy and gradually create common energy markets in accordance with the international treaties provided for by Articles 81, 83 and 84 of this Treaty, with due account for ensuring energy security, based on the following fundamental principles:

 

           ensuring market pricing for energy resources;

 

           ensuring the development of competition in the common markets of energy resources;

 

           no technical, administrative and other barriers to trade in energy resources, equipment, technology and related services;

 

           ensuring the development of a transport infrastructure for the common markets of energy resources;

 

           ensuring non-discriminatory conditions for economic entities of the Member States in the common markets of energy resources;

 

           creation of favourable conditions for attracting investments in the energy sector of the Member States;

 

           harmonisation of national rules and regulations for the functioning of the process and business infrastructure of the common markets of energy resources.

 

 

 

�All relations of economic entities of the Member States operating in the spheres of electric power, gas, oil and petroleum products and not governed by this Section shall be subject to the legislation of the Member States.

 

�The provisions of Section XVIII of this Treaty in respect of economic entities of the Member States operating in the spheres of electric power, gas, oil and petroleum products shall be applied with account of the specific terms set out in this Section and in Section XIX of this Treaty.

 

Article 80

 

Indicative (Projected) Balances of Gas,

Oil and Petroleum Products

 

 

 In order to effectively use the aggregate energy potential and optimise interstate energy supplies, authorised authorities of the Member States shall develop and agree on the following:

 

indicative (projected) gas balance of the Union; indicative (projected) oil balance of the Union;

indicative (projected) balances of petroleum products of the Union.

 

 The balances referred to in paragraph 1 of this Article shall be developed with the participation of the Commission and in accordance with the methodology for calculating indicative (projected) balances of gas, oil and petroleum products to be developed within the period specified in paragraph 1 of Article 104 of the Treaty and coordinated by the authorised authorities of the Member States.

 

 

 

Article 81

 

Establishment of a Common Electric Power Market of the Union

 

 

 The Member States shall gradually establish a common electric power market of the Union based on parallel electric power systems, taking into account the transitional provisions of paragraphs 2 and 3 of Article 104 of this Treaty.

 

 The Member States shall develop the concept and programme for the establishment of the common electric power market of the Union to be approved by the Supreme Council.

 

 The Member States shall conclude an international treaty within the Union on the establishment of the common electric power market based on the provisions of the approved concept and programme for the establishment of the common electric power market of the Union.

 

 

Article 82

 

Ensuring Access to Services of Natural Monopoly Entities in the Electric Power Sphere

 

 Within the existing technical capacities, the Member States shall ensure free access to the services of natural monopoly entities in the electric power sphere, provided the priority use of these services to cover the domestic needs of the Member States for electricity (power) in accordance with the common principles and rules specified in Annex 21 to this Treaty.

 

 The principles and rules of access to services of natural monopoly entities in the electric power sphere, including fundamental pricing and tariff policy in accordance with Annex 21 to this Treaty, shall be applied to the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation.

 

 

 

In case of accession of any new members to the Union, the annex shall be

 

amended accordingly.

 

 

Article 83

Establishment of a Common Gas Market

 

and Ensuring Access to Services of Natural Monopoly Entities in Gas Transportation

 

 

          The Member States shall gradually establish a common gas market of the Union in accordance with Annex 22 to this Treaty with account of the transitional provisions of paragraphs 4 and 5 of Article 104 of this Treaty.

 

          The Member States shall develop the concept and programme for the establishment of the common gas market of the Union to be approved by the Supreme Council.

 

          The Member States shall conclude an international treaty within the Union on the establishment of the common gas market based on the provisions of the approved concept and programme.

 

          Within the existing technical capabilities and available capacities of gas transportation systems, taking into account the agreed indicative (projected) gas balance of the Union and on the basis of civil law contracts of economic entities, the Member States shall ensure unhindered access for economic entities of other Member States to gas transportation systems located on the territories of the Member States to enable gas transportation on the basis of common principles, conditions and rules provided for by Annex 22 to this Treaty.

 

 

 

Article 84

 

Establishment of Common Markets of Oil and Petroleum Products of the Union and Ensuring Access to Services of Natural Monopoly Entities in

Transportation of Oil and Petroleum Products

 

 

ᜀĀᜀĀ                   The Member States shall gradually establish common markets of oil and petroleum products of the Union in accordance with Annex 23 to this Treaty, taking into account the transitional provisions stipulated in paragraphs 6 and 7 of Article 104 of this Treaty.

 

ᜀĀᜀĀ                   The Member States shall develop the concept and programme for the establishment of the common markets of oil and petroleum products of the Union to be approved by the Supreme Council.

 

ᜀĀᜀĀ                   The Member States shall conclude an international treaty within the Union on the establishment of the common markets of oil and petroleum products, based on the provisions of the approved concept and programme.

 

ᜀĀᜀĀ                   Within the existing technical capabilities, with due account of the agreed indicative (projected) balances of oil and petroleum products of the Union and on the basis of civil law contracts of economic entities, the Member States shall ensure unhindered access for economic entities of other Member States to the oil and petroleum products transportation systems located on the territories of the Member States on the basis of common principles, conditions and rules specified in Annex 23 to this Treaty.

 

Article 85

 

Powers of the Commission in the Energy Sphere

 

In the energy sphere, the Commission shall monitor the implementation

 

of this Section.