Agreement on transit of electrical energy and capacity of the State Parties of the Commonwealth of Independent States

of January 25, 2000

The governments of the State Parties of this agreement which are hereinafter referred to as the Party

being guided by provisions of the Energy Charter of December 17, 1991 and the Agreement to the Energy Charter of December 17, 1994,

based on the Agreement on coordination of the interstate relations in the field of power industry of the Commonwealth of Independent States of February 14, 1992,

being guided by the Agreement on ensuring parallel work of electric utility systems of the State Parties of the Commonwealth of Independent States of November 25, 1998,

expressing readiness for equal cooperation in the field of power industry on the basis of mutual trust and non-interference to management of the Parties of electric utility systems,

for the purpose of use of technical and economic benefits of parallel work of electric utility systems of the Parties and realization of intersystem effects,

recognizing the growing interest in trade in the electric power,

aiming to promote formation of the public market of electrical energy and capacity,

agreed as follows:

Article 1

For the purposes of this agreement the following terms mean:

transit of electrical energy and capacity - and) transfer through the territory of the Party on its power networks of electrical energy and the capacity made in the territory of other state and intended for the territory of the third state provided that either another, or the third state is the State Party of this agreement;

b) transfer of electrical energy and capacity between two Items of one Party through the territory of other Party on its power networks;

business entity - the legal entity or physical person which is engaged in production, transfer, distribution of electrical energy and capacity according to the national legal system of the state.

Article 2

The parties within the available technical capabilities provide free transit of electrical energy and capacity through the territories regardless of the place of origin, the destination and the owner of electrical energy and capacity on the approved, economically reasonable and transparent rates, according to the signed agreements.

Article 3

Transit of electrical energy and capacity is performed on the basis of agreements (contracts) signed by business entities of the Parties irrespective of patterns of ownership and departmental accessory.

Transit of electrical energy and capacity is performed on power lines of all classes of tension, regardless of departmental accessory, agrees to the lists of the interstate power lines and Items of customs control of electrical energy equipped with systems of accounting of electrical energy, answering to the existing regulations and/or the prisoner's conditions between business entities of Contract parties approved by the Parties.

Article 4

Each Party shall provide in the agreements in foreign trade and other relevant documents regulating transit of electrical energy and capacity and use of power lines for transit at least favorable mode of transit, than that which provides technical and technological and the regulatory legal acts regulating transfer of electrical energy and the capacity which are made in its own territory or intended for its own needs.

Article 5

The parties render assistance in the maximum use of the existing systems of transit of electrical energy and capacity.

Article 6

If transit opportunities of the Party performing transit below offers on accomplishment of transit transactions of electrical energy and capacity of potential participants, priorities are established by the Party performing transit, proceeding only from technical and economic preference of this or that offer.

Article 7

The parties render assistance in reconstruction existing and/or construction of new power lines in the territory of the Party performing transit of electrical energy and capacity.

Procedure for investment cash and appliances in reconstruction existing and/or construction of new capacities on transit of electrical energy and capacity, and also distribution of the rights to such objects will be determined separate two - and multilateral agreements between participants of investment projects.

Article 8

The parties perform practical measures on harmonization of the legal, institutional and technological regulations and mechanisms of transit of electrical energy and capacity.

Article 9

The customs clearance and customs control of the electric power moved between the Parties is performed according to customs legislations of the Parties and other documents accepted by the Parties within the Commonwealth in this area.

Article 10

Services in transit of electrical energy and capacity are paid for the rates approved between business entities of Storonuchastnikami of agreements (contracts) on transit of electrical energy and capacity.

Determination of amounts of transit of electrical energy and capacity is made under approval of concerned parties.

Article 11

The parties take measures for ensuring timeliness of calculations for transit of electrical energy and capacity.

Article 12

Each Party shall have antiemergency automatic equipment in the amounts sufficient for non-admission of development of the system (cascade) accidents arising in the territory of other Party.

Article 13

In case of the emergencies influencing transit of electrical energy and capacity, the Party and/or business entities render assistance in prevention of development of accidents and the help in liquidation of their effects.

The procedure for compensation of damage owing to reducing amounts of the transit of electrical energy and capacity caused by accident will be determined according to agreements (contracts) for transit of electrical energy and capacity.

Article 14

For the purpose of bystreyshy accident elimination the Party in the territory of which there was accident grants the right to emergency and recovery divisions of other Parties freely to import and/or export on the territory the equipment and materials according to the sheet of technical equipment of these divisions which are subject to obligatory declaring and customs control. At the same time the Parties not apply customs duties and charges equivalent to them, and also restrictions of non-tariff nature for the specified equipments and materials.

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