Proposal for a Council Decision on establishing the European Community position within the Ministerial Council of the Energy Community (Brussels, 27 June 2008)
Date: 2008-05-19
Institutions: European Commission
Subjects: European treaties, agreement (EU), electrical energy, energy grid, energy policy, energy transport, trans-European network

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.5.2008 
SEC(2008) 1903 final 

Proposal for a 

COUNCIL DECISION 

On establishing the European Community position within the Ministerial Council of the 
Energy Community (Brussels, 27 June 2008) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The Ministerial Council of the Energy Community will meet on 27 June 2008 in Brussels. In 
order  for  the  European  Community  to  take  part  in  the  relevant  decisions,  it  is  necessary  to 
establish the position of the European Community pursuant Article 300 of the Treaty and in 
accordance with the provisions of the Council Decision of 29 May 2006 on the conclusion by 
the European Community of the Energy Community Treaty 

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Proposal for a 

COUNCIL DECISION 

On establishing the European Community position within the Ministerial Council of the 
Energy Community (Brussels, 27 June 2008) 

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  Council  Decision  on  the  Conclusion  by  the  European  Community  of  the 
Energy Community Treaty (2006/500/EC – 29 May 2006), and in particular Article 4 and 5 
thereof, 

Having regard to the proposal from the Commission, 

HAS DECIDED AS FOLLOWS:  

Sole Article 

In view of the meeting of the Ministerial Council of the Energy Community to take place in 
Brussels on 27 June 2008, the position of the Community regarding the issues falling under 
the scope of Article 300 paragraph 2 second subparagraph of the Treaty is set out in Annex to 
this decision. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  
European Community position 

•  The European Community approves the financial discharge of the Director of the Energy 

Community Secretariat for the year 2007.  

•  The European Community approves the adoption of the Decision on the implementation of 
Commission  Decision  of  9  November  2006  amending  the  Annex  to  Regulation  (EC) 
No 1228/2003  on  conditions  for  access  to  the  network  for  cross-border  exchanges  in 
electricity.  The  position  of  the  European  Community  on  this  point  is  based  on  the 
following principles: 

–  The Decision to be approved by the Energy Community Ministerial Council shall 
not affect Regulation (EC) No 1228/2003 and, in particular, shall not modify the 
seven regions established at point 3,2 of its Annex; 

–  The  Decision  shall  define  a  region  composed  by  the  Contracting  Parties  and  by 
the  Member  States  having  a  direct  electricity  interconnection  with  at  least  one 
Contracting party; 

–  The  Decision  shall  contain  a  review  clause  in  order  to  take  new  network  and 

market developments into account, such as new electricity interconnections. 

•  The  European  Community  approves  the  adoption  of  the  Procedural  Act  concerning  the 
implementation of Articles  90 to 93 of  the  Energy Community Treaty relating to dispute 
settlement. 

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