Proposal for a Council Decision on establishing the European Community position within the Ministerial Council of the Energy Community (Sarajevo, 26 June 2009)
Date: 2009-06-15
Institutions: European Commission
Subjects: Treaty on European Union, agreement (EU), electrical energy, energy grid, energy policy, energy transport, trans-European network

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.6.2009 
COM(2009) 270 final 

Proposal for a 

COUNCIL DECISION 

on establishing the European Community position within the Ministerial Council of the 
Energy Community (Sarajevo, 26 June 2009) 

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EXPLANATORY MEMORANDUM 

The  Ministerial  Council  of  the  Energy  Community  will  meet  on  26  June  2009  in  Sarajevo 
(Bosnia and Herzegovina). 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. 

The  proposal  for  a  Council  Decision  covers  all  agenda  items  for  which  a  decision  by  the 
Ministerial  Council  is  expected  as  indicated  hereafter.  The  other  agenda  items  are  also 
mentioned below for information.  

1. 

ELEMENTS FOR DECISION 

The Commission will express the European Community positions as defined in annex to the 
proposed decision for the following elements for decision. 

1.1. 

Budgetary matters 

The  Commission  will  approve  the  financial  discharge  of  the  Director  for  the  year 
2008  on  the  basis  of  the  Report  of  Audit  of  31  December  2008,  the  Budget 
Committee  Report  on  Audit  2008  and  the  Director's  Report  on  Execution  of  the 
Budget. It will approve the budget 2010-2011 of the Energy Community in the limit 
of  €3,250,000  for  2010  and  €3,380,000  for  2011 1,  subject  to  the  approval  of  the 
corresponding appropriations by the budget authority for both years. 

1.2.  Work programme 

The Commission will approve the Work Programme  of the Energy  Community for 
2010-2011. 

1.3.  Mandate of the Director 

The  Commission  will  approve  the  renewal  of  the  mandate  of  the  Director  of  the 
Energy community secretariat for a second period of three years. 

1.4. 

Task force on renewable energy sources 

The  Commission  will  approve  the  setting-up  of  a  task  force  on  renewable  energy 
sources which task will be focused on the implementation of the recently approved 
Directive in the Energy Community.  

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It is noted that Articles 74 and 88 of the Energy Community Treaty provide that the Ministerial Council 
of  the  Energy  Community  shall  adopt  the  bi-annual  budget  of  the  Energy  Community  on  a  proposal 
from the European Commission. The corresponding Commission proposal was adopted on […] 

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2. 

OTHER ELEMENTS 

2.1. 

Points without debate 

The Commission will approve the conclusions of the preceding two meetings of the 
Permanent High level Group and will take note of the following reports: 

–  Report on the implementation of the Work Programme of the Energy Community; 

–  Audit Report for the year 2008, Budget Committee Report on the Audit 2008 and 

Director's Report on the execution of the budget 2008 ; 

–  Report on Pending Dispute Settlement Cases. 

The  Commission  will  also  approve  the  composition  of  the  Advisory  Committee 
established by the Rules of Procedure for Dispute Settlement adopted in June 2008 
by the Ministerial Council of the Energy Community. It is noted that the European 
Community  will  be  represented  by  an  official  from  the  European  Commission  and 
that the Advisory Committee may only issue non-binding opinions to the Ministerial 
Council. 

2.2. 

Accession of new Contracting Parties 

The  Commission  will  report  on  the  status  of  negotiation  with  the  Republic  of 
Moldova, Ukraine and Turkey and will welcome the application of Georgia2. 

2.3. 

Implementation of the Treaty 

The  Commission  will  take  note  of  the  report  on  market  development  [to  be 
completed when report available]. 

2.4. 

Security of supply 

The Commission will welcome the outcome of the first Energy Community Security 
of Supply Group meeting while stressing the necessity to closely link its activities to 
those  of  the  EU  Gas  Coordination  Group.  Further,  the  Commission  will  favour  an 
exchange of views concerning the expected situation of electricity supply during the 
summer 2009.  

2.5. 

Renewable energy sources 

The Commission will welcome the start of a study on the implementation of the new 
EU Directive on renewable energy sources in the context of the Energy Community 
and approve the creation of a Task Force to follow it up (see point 1.4). 

2 

On  […]  the  Commission  submitted  to  the  Council  a  Recommendation  in  order  to  authorise  the 
Commission  to  open  negotiations  concerning  the  modalities  of  accession  of  Georgia  to  the  Energy 
Community. 

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2.6. 

Energy efficiency 

The  Commission  will  take  note  of  the  final  Report  of  the  Task  Force  on  Energy 
Efficiency and support its recommendations concerning the possibility to implement 
in  the  Energy  Community  certain  pieces  of  the  EU  legislation  related  to  energy 
efficiency.  In  order  to  prepare  the  relevant  documents  and  to  further  assist  the 
Contracting Parties in the preparation of their National Energy Efficiency Plans, the 
Commission will recommend the extension of the Task Force mandate until end of 
2010.

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Proposal for a 

COUNCIL DECISION 

on establishing the European Community position within the Ministerial Council of the 
Energy Community (Sarajevo, 26 June 2009) 

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 
Sarajevo on 26 June 2009, 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 2008.  

•  The European  Community approves  the Work  programme  of  the  Energy  Community  for 

2010-2011. 

•  The European Community approves the adoption of the Budget of the Energy Community 
for  2010-2011  within  the  limit  of  €3,250,000  for  2010  and  €3,380,000  for  2011, 
corresponding to a contribution of the European Community of maximum €3,188,250 for 
2010 and €3,315,780 for 2011; subject to the approva l of the corresponding appropriations 
by the budget authority for both years. 

•  The  European  Community  approves  the  renewal  of  the  mandate  of  the  Director  of  the 

Energy Community Secretariat for another period of three years. 

•  The European Community approves the setting-up of a Task Force on Renewable Energy 

Sources along the proposed Mandate.  

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