on the position to be taken on behalf of the European Union in the Ministerial Council of the Energy Community on the appointment of the Director of the Energy Community Secretariat

EXPLANATORY MEMORANDUM

1.Subject matter of the proposal

This proposal concerns the decision establishing the position to be taken on the Union's behalf in the 19th Ministerial Council of the Energy Community on 25 November 2021 in Belgrade/Serbia in connection with the envisaged adoption of the Procedural Act of the Ministerial Council of the Energy Community on the appointment of the next Director of the Energy Community Secretariat (EnCS).

2.Context of the proposal

2.1.The Energy Community Treaty

The Treaty establishing the Energy Community Treaty (‘ECT’) aims to create a stable regulatory and market framework and a single regulatory space for trade in network energy by implementing agreed parts of the EU acquis on energy in the non-EU Parties. The Agreement entered into force on 1 July 2006. The European Union is a Party to the ECT. The ECT refers to the non-EU Parties as ‘Contracting Parties’.

2.2.The Ministerial Council of the Energy Community

The Ministerial Council of the Energy Community ensures that the objectives set out in the ECT are attained. It provides general policy guidelines, takes Measures and adopts Procedural Acts. Each Party has one vote and the Ministerial Council acts by different voting rules depending on the subject matter. The EU is one of the ten Parties and has one vote, also depending on the subject matter concerned.

The Ministerial Council of the Energy Community appoints the Director of the Energy Community Secretariat on a proposal from the European Commission for a fixed renewable term of three years. The Procedural Act is adopted by simple majority. The Commission has the exclusive right to propose a candidate for the Director post and shall distribute its proposal to the Energy Community Contracting Parties.

2.3. The envisaged Procedural Act of the Ministerial Council

The current Director of the EnCS, Mr Janez Kopac, was appointed for the first time in 2012. His mandate was renewed in 2015 and in 2018. It is due to expire on 30 November 2021.

On 23 February 2021, the Commission launched an open selection procedure for the next Director of Energy Community Secretariat as of 1 December 2021 (COM/2021/20055). There were 92 applications for this post. The selection phase has been carried out in compliance with existing rules and implementing guidelines.

The Commission’s pre-selection panel examined the applications against the eligibility and selection criteria as set out in the vacancy notice and shortlisted candidates for the next phase of the procedure. Following the comparative assessment of the candidates by the Consultative Committee on Appointments (CCA) and interviews by Commissioner Kadri Simson, the Commission considers that Mr. Artur Lorkowski has proven to have the best mix of managerial, leadership, communication, representation and language skills, technical proficiency, international experience and knowledge about the European Union in order to carry out the functions of director of the Energy Community Secretariat.

Consequently, the Commission decided to propose Mr. Artur Lorkowski as the next Director of the Energy Community Secretariat, as reflected in the Commission Decision of 24 September 2021 on establishing a proposal to be submitted by the Commission to the Ministerial Council of the Energy Community for a Procedural Act of the Ministerial Council on the appointment of the Director of the Energy Community Secretariat, C(2021) 7021 final. The Commission submitted this proposal on 24 September 2021 to the Energy Community Contracting Parties.

3.Position to be taken on the Union's behalf

In view of the open and competitive selection procedure carried out by the Commission, the position to be taken on behalf of the Union in the Ministerial Council of the Energy Community should be to approve the draft Procedural Act of the Ministerial Council appointing Mr. Artur Lorkowski as the Director of the Energy Community Secretariat as of 1 December 2021, in accordance with the Commission Decision of 24 September 2021 on establishing a proposal to be submitted by the Commission to the Ministerial Council of the Energy Community for a Procedural Act of the Ministerial Council on the appointment of the Director of the Energy Community Secretariat, C(2021) 7021 final.

4.Legal basis

4.1.Procedural legal basis

4.1.1.Principles