Collections
Southern African Development Community
Protocol on Energy in the Southern African Development Community (SADC) Region
- Published
- Commenced on 17 April 1998
- [This is the version of this document at 24 August 1996.]
Article 1 – Definitions
In this Protocol, unless the context indicates otherwise, the following terms shall mean:"Committee" the Committee of Ministers of Member States responsible for energy matters and as established under Article 11(2)(g) of the Treaty or existing under Article 38 of the Treaty;"Community" the Southern Africa Development Community;"Council" the Council of Ministers of SADC established by Articles 9 and 11 of the Treaty;"Director" the Head of the Technical Unit of the Commission;"Energy Commission" the body duly constituted hereunder, as set in Articles 1, 9 and 12 of the Treaty, to guid(hereinafter and co-ordinate co-operation and harmonisation of") energy policies and programmes;"Energy Pooling" co-operation among parties or entities in development, transmission, conveyance and storage of energy in order to obtain optimum reliability of service, economy of operation, and equitable sharing of costs and benefits;"International Law" those laws governing the legal relations between States: rules and principles of general application dealing with the conduct of States and of international organisations and with some of their relations with persons, whether natural or legal;"Member State" a State which is a member of SADC, which ratifies or accedes to this Protocol;"Organisation" a corporation, governmental subdivision or agency, or any other legal or commercial entity having a joint or common interest in furtherance of the specific or broad objectives of the Protocol;"Region" the geographic area of the Member States of SADC;"SADC" the international organisation of Southern African States established by the Treaty of the Southern African Development Community;"Secretariat of SADC" the principal executive institution of SADC that, among other things, is responsible for financial and general administration, strategic planning and management of programmes and other duties set forth in Article 14 of the Treaty;"Senior Officials" Member appointed senior representatives by States to officially represent the Member States in the Committee of Senior Officials as set forth in Article 4(3) of this Protocol;"Signatory" a State which is a member of SADC which signs this Protocol, which, by signing this document, expresses its intention to be bound by the terms herein;"Sub-committee" the Committee within a sub-sector representing stakeholders in that particular area of activities as set forth in Article 4(6) of this Protocol;"Summit" means the Summit of the Heads of State and government of SADC, established by Article 9 of the Treaty."Technical Unit" the executing organ of the Commission and as set forth in Article 4(4) of this Protocol;"Treaty" the Treaty establishing SADC signed in Windhoek, Republic of Namibia, on 17 August 1992;"Tribunal" the Tribunal of SADC established pursuant to Article 9 of the Treaty;Article 2 – General principles
For the purpose of this Protocol, Member States shall:Article 3 – Objectives
The objectives of energy co-operation in the Region shall be to:Article 4 – Institutional mechanism
Article 5 – Financial provisions
Article 6 – Reporting of data and information exchange
Article 7 – Co-operation with non-SADC States and Organisations
In recognition of the fact that energy development transcends national and regional boundaries, co-operation between Member States and non-SADC States and Organisations in energy development and use, shall be encouraged. In furtherance thereof, SADC and its Member States may enter into agreement with non-SADC States and Organisations, provided that such agreements shall not:Article 8 – Non-Governmental Organisations
In accordance with Article 23 of the Treaty, the Commission shall co-operate with Non-Governmental Organisations (NGO's), as well as the business and industrial communities, provided that their objectives and activities are not at variance with the objectives of this Protocol. The Commission shall establish working relationships with such NGO's and communities and make such arrangements as may be necessary to ensure effective co-operation.Article 9 – Research, development and training
Pursuant to article 21(3)(d) of the Treaty, the Commission and Member States shall actively encourage and promote scientific research, development and training activities related to energy. Accordingly, the Commission and Member States shall:Article 10 – Annexes
Article 11 – Legal status and legal responsibility
Article 12 – Settlement of disputes
Article 13 – Withdrawal
Article 14 – Saving provisions
Nothing contained in this Protocol shall derogate or be construed to derogate from existing agreements entered into between two or more Member States or a Member State and a non-SADC State and/or Organisation concerning energy development and use, provided that Member States shall endeavour to give effect to such agreements and any rights acquired or obligations assumed thereunder in conformity with the general principles prescribed in Article 2 of this Protocol.Article 15 – Signature
This Protocol shall be signed by duly authorised representatives of the Member States listed in the Preamble.Article 16 – Ratification
This Protocol shall be subject to ratification by the Signatories in accordance with their respective constitutional procedures.Article 17 – Accession
This Protocol shall remain open for accession by any State which is a member of SADC and is not listed in the Preamble.Article 18 – Amendments
Article 19 – Entry into force
This Protocol shall enter into force thirty (30) days after the deposit of the instruments of ratification or accession by two-thirds of the Member States.Article 20 – Termination
This Protocol may be terminated in accordance with provisions of the Article 35 of the Treaty.Article 21 – Depository
History of this document
17 April 1998
Commenced
24 August 1996 this version
Consolidation