Proposal for a Council Decision on establishing the European Community position within the Ministerial Council of the Energy Community on 29 June 2007 (Podgorica) with regard to the extension of the acquis communautaire on security of supply, mutual assistance and energy efficiency
Date: 2007-06-13
Institutions: European Commission
Subjects: Community acquis, European Community, European treaties, cooperation policy, energy efficiency, energy supply, security of supply

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.6.2007 
COM(2007) 342 final 

Proposal for a 

COUNCIL DECISION 

on establishing the European Community position within the Ministerial Council of the 
Energy Community on 29 June 2007 (Podgorica) with regard to the extension of the 
acquis communautaire on security of supply, mutual assistance and energy efficiency 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

The  European  Community  proposes  the  extension  of  the  acquis  communautaire  to  the 
Contracting parties. This extension under Title II of the EnCT will be done via Article 100 (ii) 
of  the  Energy  Community  Treaty.  The  European  Community  proposes  that  the  following 
Directives and Regulation be adopted by this procedure:  

(1) 

(2) 

(3) 

Directive 2005/89/EC concerning measures to safeguard security of electricity supply 
and infrastructure investment  

Directive 2004/67/EC concerning measures to safeguard security of natural gas supply  

Regulation  1775/2005/EC  on  conditions  or  access  to  the  natural  gas  transmission 
networks. 

In this regard, the Commission shall examine appropriate means to ensure close co-ordination 
of relevant bodies and/or the consolidation these bodies.  

With  regard  to  the  specific  legal  obligation  (mutual  assistance)  under  Art.  46  Energy 
Community Treaty, namely the adoption of a procedural act for the operation of the mutual 
assistance  obligation,  the  European  Community  will  propose  that  the  time  limit  in  Art.  46 
Energy Community Treaty be extended to 2 or 3 years pursuant to Art. 100 (i), on the basis 
that the EU is considering this issue and it would be inconsistent to move ahead in the Energy 
Community Treaty before the EU has come to a position internally. Otherwise, there is a risk 
of discrimination amongst the Parties (see Article 4(6) of the Conclusion Decision (29 May 
2006 L198/15) – 2006/500/EC). The Permanent High Level Group would be asked to produce 
a report to the EU reflecting the views of the Contracting Parties so these views can be fed 
into the EU debate. 

This  proposal  does  not  constitute  a  financial  engagement  on  the  part  of  the  European 
Community.  The  financial  aspects  of  the  proposal  will  be  dealt  with  in  the  context  of  the 
eventual proposal on a budget for the Energy Community for 2008/2009. 

EN 

2 

   EN 

 
Proposal for a 

COUNCIL DECISION 

on establishing the European Community position within the Ministerial Council of the 
Energy Community on 29 June 2007 (Podgorica) with regard to the extension of the 
acquis communautaire on security of supply, mutual assistance and energy efficiency 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having  regard  to  Council  Decision  of  29  May  2006  on  the  Conclusion  by  the  European 
Community  of  the  Energy  Community  Treaty  (2006/500/EC),  and  in  particular  Article  4 
thereof,  

HAS DECIDED AS FOLLOWS:  

Single Article 

The  position  of  the  European  Community  within  the  Ministerial  Council  with  regard  to  the 
Ministerial Agenda established for the Energy Community Ministerial meeting to take place 
in Podgorica on 29 June 2007 is set out in Annex to this Decision. 

Done at Brussels, 

For the Council 
The President 

EN 

3 

   EN 

 
 
 
 
 
Extension of the acquis communautaire 

ANNEX 

The Community shall propose the inclusion of Directives 2005/89/EC concerning measures to 
safeguard  security  of  electricity  supply  and  infrastructure  investment  and  2004/67/EC 
concerning  measures 
to  safeguard  security  of  natural  gas  supply  and  Regulation 
1775/2005/EC  on  conditions  or  access  to  the  natural  gas  transmission  networks  into  the 
Energy  Community  Treaty  on  the  basis  of  Article  100  (ii)  of  that  Treaty,  with  appropriate 
transition periods. 

In this regard, the Commission shall examine appropriate means to ensure close co-ordination 
of relevant bodies and/or the consolidation of committees.  

Security of supply 

With regard to Article 29 of the Energy Community Treaty, the Community may agree to an 
implementing Measure (or mechanism) that substantially reproduces the commitments made 
under Directives 2005/89/EC concerning measures to safeguard security of electricity supply 
and infrastructure  investment and 2004/67/EC concerning measures to safeguard security of 
natural gas supply at a Member State level, and the Community may agree to communicate in 
an aggregate form this aforementioned data to the Energy Community Secretariat. 

Mutual assistance 

With regard to Article 44-46 of the Energy Community Treaty and its proposed amendment 
within  the  framework  of  the  Energy  Community  to  extend  the  time  period  to  2  or  3  years 
pursuant to Article 100 (i) of the Energy Community Treaty, the Community may agree 

- 

- 

to  safeguard  measures  and  a  mutual  assistance  clause  in  the  event  of  regional 
disturbances  to  the  energy  markets  that  substantially  reproduce  Article  24  of 
Directive  2003/54/EC  and  Art  26  of  Directive  2003/55/EC1,  and  other  applicable 
acquis communautaire; and 

the establishment of a working group to examine this issue with a view to producing 
a report for consideration by the Ministerial Council of the Energy Community at the 
latest in one year's time. 

Energy efficiency 

With regard to Article 35 of the Energy Community Treaty, the Community may agree to the 
establishment of a task-force to produce a detailed plan for tackling energy efficiency issues 
in the Energy Community.  

1 

Note text taken directly from doc. 7554/04, agreed in Council 6 April 2004. 

EN 

4 

   EN