[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 14.6.2007

COM(2007) 339 final

Proposal for a

COUNCIL DECISION

on a Community position within the Ministerial Council of the Energy Community on the 2007 budget of the Energy Community

(presented by the Commission)

EXPLANATORY MEMORANDUM

On 29 June 2007, the second meeting of the Ministerial Council of the Energy Community will take place.

The Ministerial Council of the Energy Community will have to adopt the budget which is necessary for a smooth operation and functioning of the Energy Community. Under Article 88 of the Energy Community Treaty, acts related to budgetary issues are to be prepared and submitted in the Energy Community by the European Commission. The budget of the Energy Community shall be financed by means of subscriptions by the parties of the Energy Community Treaty, one of which is the European Community.

In November 2006, during the Ministerial Council of the Energy Community, the Commission proposed a total budget of 2.45 Mio€ for 2007, out of which 2.4 Mio€ would be funded by the Commission. However, following a detailed analysis on the needs of the Energy Community, the budget proposed has been reduced to an amount of 2.032 Mio€.

As regards the financing of this budget, the following mechanism applies:

The Commission and the Ministry of Employment and Industry of the Republic of Austria are parties to a grant contract which currently finances the activities of the interim Energy Community Secretariat as an association according to Austrian law with a view to complete the full establishment of the Secretariat. The Energy Community itself is not member of this association. This grant contract financed through CARDS funds is due to expire on 30 June 2007. The Government of the Republic of Austria signed on 29 May 2007 a Headquarters Agreement with the Energy Community on the legal status of the Secretariat following which it shall be granted the legal status of an International Organisation as of 1st July 2007. Therefore, the year 2007 constitutes a transitional period for the Energy Community towards the full functioning of its Secretariat. The Energy Community itself can only receive directly the payments of the subscriptions of its members, once its Secretariat has obtained the legal status of an International Organisation as mentioned above according to Austrian law, i.e. as of the 1st July 2007.

Based on the mechanism explained above, the budget suggested hereafter consists of two components:

Component 1: 1-1-2007 until 30-6-2007: costs financed by EC and the Austrian Ministry through the existing grant contract. This part of the budget will be 100% financed by the two parties to the grant contract

Component 2: 1-7-2007 until 31-12-2007, costs financed in accordance with Article 73 of the Treaty; the relevant subscriptions due by the parties of the Energy Community Treaty shall apply, this means a share of 98.1% for the European Community

Since the budget has to be adopted during the Ministerial meeting on 29 June 2007, it is proposed that the Council adopts the attached proposal, which accepts the budget and entitles the Community to take a position on it.

Proposal for a

COUNCIL DECISION

on a Community position within the Ministerial Council of the Energy Community on the 2007 budget of the Energy Community

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 300 paragraph 2, second subparagraph,

Having regard to the proposal from the Commission,

Whereas:

(1) The European Community is a Party to the Energy Community Treaty and Articles 74 and 88 of the Energy Community Treaty provide that the Ministerial Council of the Energy Community shall adopt the budget of the Energy Community by a Procedural Act on a proposal from the Commission.

(2) The European Commission and the Ministry of Employment and Industry of the Republic of Austria are parties to a grant contract which currently finances the activities of the Energy Community Secretariat as an association according to Austrian law with a view to complete the full establishment of the Secretariat. The Energy Community itself is not member of this association. This grant contract financed through CARDS funds is due to expire on 30 June 2007. The Government of the Republic of Austria signed on 29 May 2007 a Headquarters Agreement with the Energy Community on the legal status of the Secretariat following which it shall be granted the legal status of an International Organisation as of 1st July 2007. Therefore, the year 2007 constitutes a transitional period for the Energy Community towards the full functioning of its Secretariat. The Energy Community itself can only receive directly the payments of the subscriptions of its members once its Secretariat has obtained the legal status of an International Organisation as mentioned above, i.e. as of 1st July 2007.

(3) Based on the mechanism explained above, the budget proposed hereafter for the year 2007 consists of two components:

- Component 1: 1-1-2007 until 30-6-2007: costs financed by the European Commission EC and the Ministry of Employment and Industry of the Republic of Austria through the existing grant contract. This part of the budget will be 100% financed by the two parties to the grant contract;

- Component 2: 1-7-2007 until 31-12-2007, costs financed in accordance with Article 73 of the Treaty; the relevant subscriptions due by the parties of the Energy Community Treaty shall apply, this means a share of 98.1% for the European Community.

HAS DECIDED AS FOLLOWS:

Article 1

The position to be adopted by the European Community within the Ministerial Council of the Energy Community with regard to the adoption of the budget of the Energy Community for 2007 is that defined in the attached draft Procedural Act (Annex I) on the adoption of the Budget of the Energy Community for 2007 set out in Annex II, Annex III and Annex IV.

Done at Brussels,

For the Council

The President

ANNEX I

Draft

PROCEDURAL ACT OF THE MINISTERIAL COUNCIL OF THE ENERGY COMMUNITY

2006/07/MC-EnC: Ministerial Council Decision of …… 2007 on adoption of the Budget of the Energy Community for 2007

The Ministerial Council of the Energy Community,

Having regard to the Treaty Establishing the Energy Community, and in particular Article 74 thereof,

Having regard to Article 88 of the Treaty Establishing the Energy Community,

Whereas

1. 2007 constitutes a transitional period in terms of financing of the Energy Community, as the legal status and functioning of the Energy Community Secretariat under the laws of the Republic of Austria will only be formalized through the entry into force of the Headquarters Agreement of 29 May 2007 with the Republic of Austria with effect as of 1st of July 2007.

2. The interim Secretariat and the activities of the Energy Community are currently financed 100% through a CARDS Grant Contract by the Commission and the Austrian Ministry of Industry and Labour. This grant contract will expire on 30 June 2007.

3. As regards the second half of the year 2007, the subscriptions to the budget should follow the provisions of Article 73 of the Energy Community Treaty.

4. In accordance with Article 88 of the Treaty Establishing the Energy Community the European Commission puts forward the detailed budget proposal set forth in Annex 1 to this decision. Following the financing mechanism explained above, the budget proposal for the year 2007 consists of two components:

5. Component 1: 1-1-2007 until 30-6-2007: costs financed by the European Commission EC and the Ministry of Employment and Industry of the Republic of Austria through the existing grant contract. This part of the budget will be 100% financed by the two parties to the grant contract;

6. Component 2: 1-7-2007 until 31-12-2007, costs financed in accordance with Article 73 of the Treaty; the relevant subscriptions due by the parties of the Energy Community Treaty shall apply.

HAS DECIDED AS FOLLOWS:

Article 1

The Energy Community Budget, covering the calendar year 2007, set forth in Annex 1, is hereby adopted.

Article 2

In the period covered by the component 1 of the budget referred to in Article 1, the interim Energy Community Secretariat shall continue to apply its interim rules and procedures for the use of the funds made available through the European Commission and the Ministry of Employment and Industry of the Republic of Austria until the Procedures for the Establishment and Implementation of the Budget of the Energy Community, Auditing and Inspection are applicable.

In the period covered by the component 2 of the budget referred to in Article 1, the Energy Community Secretariat shall apply the Procedures for the Establishment and Implementation of the Budget of the Energy Community, Auditing and Inspection.

Article 3

The Director of the Energy Community Secretariat shall be responsible for the implementation of this Procedural Act.

Article 4

This decision is addressed to all Parties and institutions under the Treaty Establishing the Energy Community.

Article 5

The Director of the Energy Community Secretariat shall make this decision and its annex available to all Parties and institutions under the Treaty Establishing the Energy Community within 7 days after its adoption.

Done in …………..on ……..

…………………..

For the Ministerial Council

ANNEX II

Narration note

Energy Community

Budget 2007

Background

The proposed budget is divided into two components:

- Component 1: 1-1-2007 until 30-6-2007: costs financed by the European Commission EC and the Ministry of Employment and Industry of the Republic of Austria through the existing grant contract. This part of the budget will be 100% financed by the two parties to the grant contract;

- Component 2: 1-7-2007 until 31-12-2007, costs financed in accordance with Article 73 of the Treaty; the relevant subscriptions due by the parties of the Energy Community Treaty shall apply.

Component 1:

The presented format of the Energy Community Budget for the period of 1-1-2007 until 30-6-2007 is in compliance with the format of Annex III of the Grant Contract (ref.: 100-231).

Component 2:

The presented format of the Energy Community Budget for the period of 1-7-2007 until 31-12-2007 is in compliance with art 74 of the Energy Community Treaty. In general, human resources allocations level considered in the presented Budget 2007 draft proposal has been consulted with the European Commission and is based on external (other international organisations seated in Austria, like IEA, OPEC, UN, ICMPD) and internal benchmarking (level of Unit within a Directorate of EC has been considered, see Staff Regulations of Officials of the European Communities, Art 66).

Energy Community Budget 2007: details of Subtotals

This budget figure for the year 2007 amounting to EUR 2.032 Mio differs from the initial Commission’s budget 2007 proposal of EUR 2.450 Mio concluded on 17 November 2007 by the Ministerial Council of the Energy Community.

The split of the overall budget 2007 of EUR 2.032Mio in accordance with the presented format is as follows:

- Subtotal Human Resources EUR 858 372

- Subtotal Travel EUR 48 958

- Subtotal Equipment and Supplies EUR 41 605

- Subtotal Office EUR 187 030

- Subtotal Other Costs, Services EUR 896 765

Energy Community Budget 2007: details of institutional expenditures split

Based on the requirements of Article 74 of the Treaty establishing the Energy Community, the presented budget 2007 refers to the details of expenditures of each institution established under the Treaty. In general, the overall budget of the Energy Community for the year 2007 presented in accordance with the institutional split shows the following distributions:

- Ministerial Council EUR 49 000

- Permanent High Level Group EUR 40 619

- Energy Community Regulatory Board EUR 248 712

- Athens Forum EUR 23 533

- Gas Forum EUR 29 650

- Energy Community Secretariat EUR 1 641 215

Conclusion

The envisaged overall expenses for the budget year 2007 equal EUR 2.032Mio.

Out of this EUR 788 630 will be covered 100% by the funds available in the Grant Contract 100 321 between the EC and the Austrian Ministry, and EUR 1 244 100 will be covered by the subscriptions of the members of the Energy Community.

ANNEX III: Proposed organigramme for the Energ Community Secretariat

Fig. 1: Proposed organigramme for the Energy Community Secretariat.

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ANNEX IV: Breakdown of the budget for the Energy Community for 2007

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