Νόμος 3441/2006

Άρθρο 7 Τελικές Διατάξεις

7.1 Η παρούσα Συμφωνία συντάχθηκε σε δύο πρωτότυπα στα Ελληνικά, στα Ιταλικά, και στα Αγγλικά. Σε περίπτωση οποιασδήποτε ασάφειας μεταξύ των δύο πρωτοτύπων, το Αγγλικό κείμενο θα υπερισχύσει. Η Ευρωπαϊκή Επιτροπή θα ενημερωθεί για το περιεχόμενο της παρούσας Συμφωνίας.

Σε μαρτυρία των ανωτέρω οι κάτωθι υπογεγραμμένοι, πλήρως εξουσιοδοτημένοι από τις αντίστοιχες Κυβερνήσεις τους, υπέγραψαν την παρούσα Συμφωνία.

Συνετάχθη στο Λέτσε την 4η Νοεμβρίου 2005 σε δύο (2) πρωτότυπα στην Αγγλική, Ελληνική και Ιταλική γλώσσα, όλα τα κείμενα είναι αυθεντικά. Σε περίπτωση απόκλισης ερμηνείας της παρούσας Συμφωνίας, το Αγγλικό κείμενο θα υπερισχύσει.

ΓΙΑ ΤΗΝ ΚΥΒΕΡΝΗΣΗ ΓΙΑ ΤΗΝ ΚΥΒΕΡΝΗΣΗ

ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΤΗΣ ΙΤΑΛΙΚΗΣ

ΔΗΜΟΚΡΑΤΙΑΣ ΔΗΜΟΚΡΑΤΙΑΣ

Agreement between the Hellenic Republic and

the Italian Republic for the development of the Interconnection Greece-Italy (IGI) Project

The Government of the Hellenic Republic and the Government of the Italian Republic, (hereinafter referred to individually as the "Party" and collectively as the "Parties")

WHEREAS the Parties recall their obligations deriving from their membership to the European Union;

WHEREAS the Parties intend to extend their existing cooperation in the energy'sector with the aim of increasing cooperation in gas sector by promoting the interconnection of their gas systems;

WHEREAS the Parties acknowledge that the Greek company Depa S.A. (hereinafter "Depa" and, jointly with Edison, referred to as the "Sponsors") and the Italian Company "Edison spa" (hereinafter "Edison") are currently developing a project for a gas pipeline interconnection between the Italian and Greek gas network systems (hereinafter the "IGI Project");

WHEREAS the Parties acknowledge that the IGI Project will enable the transportation of natural gas produced in the Middle East and Caspian area countries to Italy, thereby contributing to the improvement of security, availability and diversification of gas supply for Italy, and the Government of the Hellenic Republic acknowledges that the IGI Project will accomplish Greece's national policy of connection with the European Interconnected Gas System and becoming a gas transit country to Europe;

WHEREAS European Union has included (at Item NG 3 of Decision No. 1229/2003) the IGI Project as belonging to one of the five priority axes for the development of the TransEuropean Energy Networks;

WHEREAS the Parties have already provided their support to the IGI Project for the purposes of obtaining EU funding (available under the TEN-E Program) for the implementation of the feasibility study for the IGI Project;

WHEREAS the article 22 of the Directive 2003/55/CE establishes that major new gas infrastructures, i.e. interconnectors between Member States, may, upon request, be exempted from the provisions of Articles 18, 19, 20, and 25 paragraphs (2), (3) and (4) of the same Directive under the conditions mentioned there;

WHEREAS the Parties recall the Agreement concluded between them on May 24^th, 1977 with respect to the delimitation of the Continental Shelf between the two countries;

WHEREAS the Parties recognise that the Hellenic Republic and the Italian Republic are bound by the rules concerning the laying of gas pipelines on their Continental Shelf and the protection of the environment from pollution provided for by the United Nations Convention on the Law of the Sea (UNCLOS) on December 10^th 1982, and by the Agreement of cooperation for the protection of the marine environment in the Ionian Sea and its seaco'ast on March 6^th,1979;

WHEREAS the Parties acknowledge that the IGI Project falls within the provisions of the Espoo Convention on the Environment Impact Assessment in Transboundary Context of February 25^th,1991;

WHEREAS the Parties acknowledge that the IGI Project is a Project within the scope of the European Energy Charter of December 17^th 1994;

WHEREAS the Parties recall the Protocol signed between the Minister of Development of the Hellenic Republic and the Minister of Productive Activities of the Italian Republic on June, 24^th, 2005 about the IGI project;

NOW THEREFORE, the Parties agree to the following:

Article 1 Object of this Agreement

1.1 The following agreement intends to promote the cooperation in the gas sector between Italy and Greece by means of the development of the project for an interconnection between the national transport system of Greece and Italy, hereinafter the "IGI project", comprising the section within the Greek Territory (hereinafter the "Onshore Section") to be developed exclusively by Depa and the offshore section (hereinafter the "Offshore Section") to be developed jointly by the Sponsors through a special purpose vehicle (hereinafter the "SPV").

1.2 The Parties acknowledge that any part of the Offshore Section located on the Continental Shelf appertaining to the Hellenic Republic shall be under the jurisdiction of the Hellenic Republic and any part of the Offshore Section located on the Continental Shelf appertaining to Italian Republic shall be under the jurisdiction of the Italian Republic.

1.3 The Parties acknowledge that the SPV will act exclusively as a transporter of gas through the Offshore Section, legally separated from the transmission system operators of the transport network of each State, and the SPV will contract (in accordance with any existing Italian, Greek or European Union regulation, in particular according to Directive 2003/55/CE) transportation capacity in the Offshore Section to the Sponsors acting in their capacity as shippers (hereinafter "Shippers" and the "SPV Transportation Contract(s)" respectively).

Article 2 Terms of this Agreement

2.1 The Parties acknowledge that the viability of the IGI Project will depend on the availability of a long term SPV Transportation Contract(s) as well as of similar gas transportation contracts between the Sponsors (acting in their capacity as shippers) and Depa for matched transport capacities of gas and with equal duration (hereinafter the "Onshore Transportation Contract(s)"). Therefore, in order to support the viability of the IGI project, and recognizing that the IGI project represents an important new infrastructure, the Parties, in accordance with the Provision of article 22 of the Directive 2003/55/CE, shall support the request of exemption from Third Party Access filed by the' §PV or by the Sponsors. Furthermore, the Government of the Hellenic Republic shall support the performance by Depa of its obligations contained in the Onshore Transportation Contract, in any SPV Transportation Contract for which Depa is party to and in any contract relating to the implementation of the IGI project to which Depa is a party.

2.2 The Parties will evaluate the possibility of granting funds to the project according to the existing national and European regulations and will support the IGI project in order to obtain funding contributions and financing from the EU under the framework of TEN-Energy or similar programs.

2.3 The Government of the Hellenic Republic undertakes to make every effort to ensure the uninterrupted flow of the natural gas contracted under the Onshore Transportation Contract(s), but without prejudice to its right, in accordance with and subject to its law, to take emergency measures with respect to the availability and use of energy supply, giving adequate and prompt information of the measures taken to the Government of the Italian Republic. In the event where such emergency measures are implemented, the Parties shall identify, as soon as possible, backup initiatives with regard to the effects of the emergency measures upon the Offshore Section and / or the Italian energy system.

2.4 The Government of the Italian Republic will activate the procedures for the inclusion of the IGI project within Italy's strategic infrastructures according to the national legislation and will support and facilitate the realization of the extension and the improvement of its national transportation system as required for the interconnection between Greece and Italy.

2.5 The Parties, in accordance with the provisions of the Espoo Convention, shall cooperate in the evaluating the environmental impact ofthe onshore and offshore Section of the IGI Project. For this purpose, the Parties may conclude specific agreements to define the procedures to coordinate the environmental impact assessments according to the disposition of the EU directives and the national legislation that implements such directives.

2.6 The Parties shall, in accordance with and subject to their national and regional laws, issue any required authorization and consent related to

the construction and operation of the IGI Project or any part thereof within their jurisdiction. Operation of the project, or any part thereof, shall not commence until all necessary authorizations and consents, in accordance with their national legal requirements, have been issued. No authorization or consent referred to in this Article shall be issued, revoked, altered, modified or reissued by one Party without prior consultation with the other. Notwithstanding each Party's right to determine, according to its laws the safety measures for the construction and operation of the section of the pipeline under its jurisdiction, the Parties shall consult one another, to ensure that there are appropriate safety measures for the offshore pipeline and that the same pipeline is subject to uniform safety and construction standards.

Article 3 Coordination Committee

3.1. The Parties agree that the Coordination Committee established by the Protocol signed by the Minister of Development of the Hellenic Republic and the Minister of Productive Activities of the Italian Republic on June 24^th, 2005 shall supervise the coordination of activities within each country, to ensure the necessary support for the IGI Project and, during the development of the project, the members of such Committee will hold consultations and meetings on a regular basis.

3.2 The Committee will present progress reports about the IGI Project on a regular basis to the Parties.

Article 4 Amendments

4.1 Any changes or addenda to this Agreement will be made through separate bilateral protocols signed by the Parties and these will each be an integral part of this Agreement. They will enter into force in accordance to the provisions of Article 6.1 of this Agreement.

Article 5 Dispute Settlements

5.1 The Parties agree to resolve in an amicable way any possible dispute

concerning the interpretation and application of this Agreement.

5.2 If a dispute has not been settled by such means, a Party may submit

the matte'r to ad hoc arbitration, by delivering written notice to the other Party, in accordance with the dispute resolution provisions contained in the article 27 paragraph 3 of the Energy Charter Treaty, such prevision to be applied, mutatis mutandis, .to this Agreement.

Article 6

Entry into Force, Duration and Termination of the Agreement

6.1 This Agreement shall enter into force on the date of the last' notification by which the Parties inform each other through diplomatic channels, that their respective national requirements for the entry into force of this Agreement have been fulfilled.

6.2 This Agreement shall remain in force for a period of six (6) years from the date of its entry into force, unless either Party notifies in writing the other of its intention to terminate this Agreement six (6) months prior to the expiration of its initial or any subsequent period of duration. The termination of this-Agreement shall not affect the completion of any uncompleted projects, programmes or contracts concluded in accordance with the present Agreement.

Article 7 Final Disposition

7.1 This Agreement has been made in two originals in Italian, Greek, and English. In the event of any discrepancy between such versions, the English version shall prevail. The European Commission will be informed of the content of this Agreement.

In witness whereof the undersigned, duly authorized thereto by their respective Governments, have signed this Agreement.

Done in duplicate at Lecce this 4^th day of November 2005 in the English, Greek and Italian language all texts being equally authentic. In case of any divergence on the interpretation of this Agreement, the English text shall prevail.

FOR THE GOVERNMENT OF THE HELLENIC REPUBLIC

FOR THE GOVERNMENT OF THE ITALIAN REPUBl

Άρθρο δεύτερο

Η ισχύς του παρόντος νόμου αρχίζει από τη δημοσίευση του στην Εφημερίδα της Κυβερνήσεως και της Συμφωνίας που κυρώνεται από την πλήρωση των προϋποθέσεων του άρθρου 6 αυτής. Παραγγέλλομε τη δημοσίευση του παρόντος στην Εφημερίδα της Κυβερνήσεως και την εκτέλεσή του ως

νόμου του Κράτους.

ΟΙΚΟΝΟΜΙΑΣ ΚΑΙ ΟΙΚΟΝΟΜΙΚΩΝ

Γ. ΑΛΟΓΟΣΚΟΥΦΗΣ

Αθήνα, 27 Φεβρουαρίου 2006

Ο ΠΡΟΕΔΡΟΣ ΤΗΣ ΔΗΜΟΚΡΑΤΙΑΣ ΚΑΡΟΛΟΣ ΓΡ. ΠΑΠΟΥΛΙΑΣ

ΟΙ ΥΠΟΥΡΓΟΙ ΕΞΩΤΕΡΙΚΩΝ

Θ. ΜΠΑΚΟΓΙΑΝΝΗ

ΑΝΑΠΤΥΞΗΣ

Δ. ΣΙΟΥΦΑΣ

Θεωρήθηκε και τέθηκε η Μεγάλη Σφραγίδα του Κράτους

Αθήνα, 27 Φεβρουαρίου 2006

Ο ΕΠΙ ΤΗΣ ΔΙΚΑΙΟΣΥΝΗΣ ΥΠΟΥΡΓΟΣ

Α.ΠΑΠΑΛΗΓΟΥΡΑΣ

ΑΠΟ ΤΟ ΕΘΝΙΚΟ ΤΥΠΟΓΡΑΦΕΙΟ

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