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News article15 November 2021BrusselsDirectorate-General for Trade

Energy Charter Treaty: Further progress in modernisation negotiations

The European Commission and EU Member States participated in the eighth negotiation round on the modernisation of the Energy Charter Treaty (ECT) from 9-12 November.

During this round, the Modernisation Group discussed Investment Protection, Sustainable Development and Dispute Settlement. The discussions were constructive with some progress in the areas covered. As regards Investment Protection, the discussions resulted in a tentative conclusion regarding the definition of “Investor”, on the interpretation of “Most Constant Protection and Security” and “Transfers”. Concerning Dispute Settlement, contracting parties also tentatively agreed to Frivolous Claims. On the other provisions in this area, the Modernisation Group made important progress. As for Sustainable Development, the modernisation group tentatively concluded on several aspects (e.g. the non-regression clause), and advanced understanding on the link between the ECT and the Paris Agreement.

The next round will take place on 13 December 2021. This additional round was originally planned to take place in Yerevan, back to back with the Energy Charter Conference, but due to the Covid-19 pandemic, the meeting will now be virtual.

For more information

EU text proposal for the modernisation of the Energy Charter Treaty
EU additional submission to its text proposal for the modernisation of the Energy Charter Treaty
Public Communication on the Eight Negotiation Round of the Modernisation of the ECT


Publication date
15 November 2021
Directorate-General for Trade
Trade topics