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In December 2007, the Energy Charter Conference reaffirmed its support for the conclusion of the negotiations and the adoption of the Energy Charter For Transit Protocol to extend the existing provisions of the treaty. [21] This work continued until October 2011, when the European Union argued that, given the changing international energy situation and the lack of progress in negotiations and consultations, it no longer seemed appropriate to continue discussions. At the end of 2015, a review of this issue highlighted the continuing demand for a legally binding multilateral framework for the transit of energy and it was recommended that further consideration of the basis of negotiations for such an agreement be continued, which could address various aspects of oil, gas and electricity transport and transit. [22] A perfect example is the number of cases where reductions in the promotion of renewable energy in Spain have been called into question. Almost half of ECT`s known claims against the country (22 out of 47) are investors with links to the gas, coal, oil and nuclear energy industries. The principles of the Energy Charter are based on the idea that international flows of investment and technology into the energy sector are beneficial to both parties. At the same time, national sovereignty over energy resources is a fundamental principle of the treaty (Article 18 of the ESTK). One of the objectives of the treaty is to promote transparency and efficiency in the functioning of energy markets, but it is up to governments to define the structure of their national energy sector. Each country is free to decide whether and how its national energy resources are developed and to what extent its energy sector is open to foreign investors. The contract does not deal with ownership issues of energy companies – there is no obligation to privatize state-owned energy companies or to divide vertically integrated companies into the energy sector.

[23] On the basis of Article 19 of the Energy Charter Treaty, the Energy Efficiency and Related Environmental Aspects Protocol (PEEREA) more precisely defines policy principles to promote energy efficiency and sets guidelines for the development of energy efficiency programs. PEEREA was negotiated, opened for signature and came into force at the same time (16 April 1998) with the Energy Charter Treaty. The implementation of PEEREA offers its Member States a series of best practices and a forum to exchange experiences and policy advice on energy efficiency issues.