Agreement on ASEAN Energy Cooperation [*]

Done at: Manila

Date enacted: 1986-06-24

In force: 1987-04-26

The Governments of Brunei Darussalam, the Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, and the Socialist Republic of Vietnam, being members of the Association of South-East Asian Nations, which Association shall hereinafter referred to as ASEAN: [Annotation 1]

Recalling the Declaration of ASEAN Concord signed at Bali, Indonesia, on 24 February 1976, which provides that the ASEAN Member Countries shall take cooperative action in their national and regional development programmes:

Noting that the Declaration of ASEAN Concord calls upon the ASEAN Member Countries to assist each other by according priority to the supply of the individual country’s needs in critical circumstances. and priority to the acquisition of exports from Member Countries, in respect of basic commodities particularly food and energy -,

Noting the presence of similar energy resources in most ASEAN countries for both renewable forms such as hydropower, biomass and wood based energy, solar, wind and geothermal, as well as non-renewable resources of energy such as oil, natural gas, coal and nuclear minerals;

Considering that cooperation among Member Countries to ensure and develop these Sources of energy is a basic component in strengthening the economic resilience of the individual Member Country as well as the economic resilience and solidarity of ASEAN;

Have agreed on the following provisions:

[Annotation 1]
1.

As amended by Protocol signed 1997-07-03, in force 1997-07-03.

Article 1

General provisions

1.

The ASEAN Member Countries Hereby agree to cooperate in the efficient development and use of all forms of energy, whether commercial, non- commercial, renewable or non-renewable, in modalities that may be appropriately designed by them for the above purpose.

2.

The range of cooperation will span planing, development, manpower training, information exchange, and encouraging private sector participation, where appropriate, in any of the following energy areas:[Annotation 2]

(i)

resource investigation, exploration, assessment planning and development;

(ii)

energy policy and planning;

(iii)

techological research, development and demonstration;

(iv)

transfer of technology;

(v)

implementation of energy efficiency and conservation measures;

(vi)

energy and environment;

(vii)

energy supply planning and diversification;

(viii)

processing, handling, transport and distribution of various energy forms;

(ix)

standardization of energy related facilities;

(x)

safety programmes in the entire chain from exploration, development, production to distribution of various energy products;

(xi)

energy security arrangements for emergency situations; and

(xii)

promoting a more conducive environment for commercial and investment opportunities in all aspects of the energy sectors.

[Annotation 2]
(1)

As amended by Protocol signed 1995-12-15, in force 1995-12-15.

Article 2

Cooperation in planning

Recognizing that energy planning is an instrument to strengthen each country’s capability to optimize energy resources development, allocation and utilization, the Member Countries shall endeavour to cooperate in:

i.

the sharing of methodologies, techniques, skills and experiences in national energy planning,

ii.

conducting regional studies of energy as and when the Member Countries desire,

iii.

developing strategies to promote energy-related trade within the ASEAN region and

iv.

developing strategies to promote energy and environmental planning as well as environmental impact assessment and mitigation plans/measures.[Annotation 3]

[Annotation 3]
(1)

Added by Protocol signed 1995-12-15, in force 1995-12-15.

Article 3

Cooperation in energy development

Considering that energy development is a continuing process which could result in the economic resilience of ASEAN as a whole, the Member Countries shall endeavour to cooperate in:

i.

studies on various energy development management measures; and

ii.

expediting and facilitating energy development schemes of common interests.

Article 4

Cooperation in energy efficiency and conservation[Annotation 4]

Recognizing that improving energy efficiency is of concern to all, the Member Countries shall endeavour to cooperate in:

i.

pursuing energy conservation measures of common interest;

ii.

undertaking various energy management and conservation researches; and

iii.

sharing information on energy conservation programmes and activities.

[Annotation 4]
1.

As amended by Protocol signed 1995-12-15, in force 1995-12-15.

Article 5

Cooperation in training

1.

The ASEAN Member Countries, in the light of their complementary interests and of their long-term objectives to improve manpower capabilities, shall endeavour to cooperate in manpower training activities in all fields of energy.

2.

The modalities of such cooperation shall include but not be limited to the following:

(i)

training and exchange of expertise in research, development and implementation of energy programmes and conservation measures;

(ii)

strengthening of relevant existing institutions with programmes in human resources development for the energy sector;

(iii)

sharing of methodologies, techniques and skills which facilitate the planning, implementation and management of multilateral cooperative programmes; and

(iv)

familiarization with Environmental Impact Assessment techniques as an essential input to energy policy formula- tion.

Article 6

Cooperation in security of energy supply

Recognizing the need to alleviate emergency situations relating to the shortage and/or oversupply of renewable and/or non-renewable energy products, the Member Countries shall endeavour to cooperate in drawing up and concluding:

i.

emergency agreements for different energy forms as may be desirable from time to time; and

ii.

appropriate measures to cope with these emergency situations.

Article 7

Cooperation in exchange of information

1.

Recognizing that energy date and information are the basic means for monitoring the effect of energy policies for formulating plans and programmes;

2.

The Member Countries shall endeavour to cooperate in information exchange with the following objectives:

(i)

to benefit from transfer of technology and operational experiences encountered during programme implementation or studies;

(ii)

to enable common regional researches and;

(iii)

to establish adequate information systems or networks for the storage and retrieval of regional energy data.

Article 8[Annotation 5]

Institutional and Implementation Arrangement

1.

The ASEAN Economic Ministers Meeting on Energy Cooperation (AEMMEC), hereinafter referred to as the ASEAN Ministers on Energy Meeting (AMEM), shall be held annually or as appropriate to give guidance as well as approve policies, strategies and action programmes envisaged in this Agreement. Special AMEM may be held as and when necessary. The AMEM shall be supported by Senior Officials Meeting on Energy Cooperation (SOMEC), hereinafter referred to as the Senior Officials' Meeting on Energy (SOME).

2.

The SOME shall promote and review the various cooperation programmes envisaged in this Agreement. The SOME shall be held annually, and Special Meetings may becalled by the Chairman of SOME at the request of a Member Country/Member Countries.

3.

The implementation of this Agreement shall be the responsibility of Member Countries and ASEAN specialised agency(ies)/institution(s) to be designated by SOME and approved by AMEM.

4.

The Chairman of SOME jointly with the ASEAN Secretariat, in collaboration with the Chairmen of Ad-Hoc Working Groups and relevant agency(ies)/institution(s) shall coordinate, manage and monitor the implementation of this Agreement particularly programmes related to Articles 2, 3, 4, 5, 6 and 7. 5. The ASEAN Secretariat shall provide administrative support for the SOME and AMEM.

[Annotation 5]
1.

As amended by Protocol signed 1995-12-15, in force 1995-12-15.

Article 8A[Annotation 6]

Accession of New Member(s)

Any New Member(s) of ASEAN shall accede to this Agreement on terms and conditions which are consistent with the Agreement, and which have been agreed between the New Member(s) and the then existing Members of ASEAN.

[Annotation 6]
1.

Added by Protocol signed 1997-07-03, in force 1997-07-03.

Article 9

Final provisions

1.

This Agreement is subject to ratification by the ASEAN Member Countries.

2.

The Instruments of ratification shall be deposit with the Secretary-General of ASEAN who shall promptly inform each ASEAN Member Country of such deposit.[Annotation 7]

3.

This Agreement shall enter into force on the thirtieth day after the deposit of the sixth Instrument of Ratification. For New Member(s) whose Instrument(s) of Accession is (are) deposited subsequent to the entry into force of this Agreement, it shall enter into force on the thirtieth day after the deposit of the Instrument(s) of Accession.[Annotation 8]

4.

No reservations may be made to this Agrement either at tthe time of signature or ratification.

5.

Any amendment to the provisions of this Agreement shall be effected by consent of all the ASEAN Member Countries.

6.

This Agreement shall be deposited with the Secretary-General of ASEAN who shall promptly furnish a certified copy thereof to each ASEAN Member Country.[Annotation 9]

[Annotation 7]
(1)

As amended by Protocol signed 1997-07-03, in force 1997-07-03.

[Annotation 8]
(2)

As amended by Protocol signed 1997-07-03, in force 1997-07-03.

[Annotation 9]
(3)

As amended by Protocol signed 1997-07-03, in force 1997-07-03.

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

Done in Manila, Philippines, this 24th day of June 1986, in seven copies in the English language.


[*]

As amended by Protocol signed 1995-12-15, in force 1995-12-15, and Protocol signed 1997-07-23, in force 1997-07-23