Proposal for a Council Decision on establishing the European Community position within the Ministerial Council of the Energy Community (Zagreb, 18 December2009)
Date: 2009-11-20
Institutions: European Commission
Subjects: Moldova, Treaty on European Union, Ukraine, accession to the European Union, energy policy, energy saving, energy supply, labelling, renewable energy, security of supply

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.11.2009 
COM(2009)632 final 

Proposal for a 

COUNCIL DECISION 

on establishing the European Community position within the Ministerial Council of the 
Energy Community (Zagreb, 18 December2009) 

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EXPLANATORY MEMORANDUM 

The Ministerial Council of the Energy Community will meet on 18 December 2009 in Zagreb 
(Croatia).  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. 

Administrative issues 

The  Commission  will  approve  the  proposal  aiming  at  reducing  the  number  of 
mandatory  Ministerial  Council  meetings  to  one  (instead  of  two),  bearing  in  mind 
that, if circumstances require so, it is possible to convene extraordinary meetings. 

The Commission will approve amendments to the Procedural Act establishing Rules 
for  Recruitment,  Working  Conditions  and  Geographical  Equilibrium  of  the 
Secretariat's  Staff  aiming  at  defining  a  reasonable  limit  for  the  possibility  to  carry-
over leave entitlements. 

1.2. 

Accession of new Contracting Parties 

Negotiations were successfully concluded with the Republic of Moldova on 29 April 
2009  and  with  Ukraine  on  7  October  2009.  The  Commission  will  approve  the 
accession  of  these  two  countries  under  the  conditions  set  out  in  this  proposed 
Decision. 

1.3. 

Energy efficiency 

In June 2009, the Ministerial Council approved the recommendations of the Energy 
Efficiency  Task  Force  and  requested  the  Secretariat  to  prepare  a  decision  for  the 
implementation of three pieces of legislation, namely: 

–  Directive 2006/32/EC on energy end-use efficiency and energy services; 

–  Directive 2002/91/EC on the energy performance of buildings; 

–  Directive  92/75/EEC  on  the  indication  by  labelling  and  standard  product 
information  of  the  consumption  of  energy  and  other  resources  by  household 
appliances, as well as a number of implementing directives. 

The proposed date for the implementation is 31 December 2011. 

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The Task Force has reviewed and approved the draft decision and on 24 September 
2009  the  Permanent  High  Level  Group  agreed  to  submit  the  draft  decision  to  the 
Ministerial Council for Decision. 

The  Commission  will  thus  approve  the  Ministerial  Council  decision  aiming  at  the 
implementation in the Energy Community of the above mentioned Directives. 

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; 

–  Annual report 2009 to Parliaments pursuant Article 52 of the Energy Community 

Treaty; 

–  Preliminary report on the implementation of the budget for 2009; 

2.2. 

Renewable energy sources 

The Commission will take note of the report by the Chair of the Energy Task Force 
and will further support the works with the aim to prepare a decision to be taken in 
2010 for the implementation of Directive 2009/28/EC1 in the Energy Community. 

2.3. 

Security of supply 

The Commission will steer an exchange of views concerning the expected situation 
of energy supply during the winter 2009-2010. It will take note of the state of play on 
the  implementation  of  the  Treaty  as  regards  security  of  supply  and  present  its 
Proposal for a Regulation of the European Parliament and of the Council concerning 
measures to safeguard security of gas supply and repealing Directive 2004/67/EC. 

2.4. 

Investment 

The  Commission  will  approve  the  updated  version  of  the  indicative  list  of  priority 
infrastructure projects in the Contracting Parties and seek further involvement of the 
International Financial Institutions to support these projects. 

2.5. 

Dispute settlement 

The Commission will take note of the progress achieved on the open cases and will 
further support the Secretariat's efforts in view of finding negotiated solutions.  

1 

OJ L 140, 5.6.2009, p. 16. 

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2.6. 

Coordinated Auction Office 

The Commission will steer an exchange of views concerning the progress achieved 
and the perspectives for setting-up the Coordinated Auction Office. 

2.7. 

Energy Community Regulatory Board activities 

The  Commission  will  take  note  of  the  activity  report  of  the  Energy  Community 
Regulatory Board and priorities for 2010-2011. 

2.8. 

Third Internal Market package 

The  Commission  will  favour  a  preliminary  exchange  of  views  concerning  the 
implementation of the Third Internal Market package in the Energy Community.  

2.9.  Memorandum of Understanding on Social Issues  

In addition to the proposed agenda points, the Commission will raise the attention of 
the  Contracting parties  to the progress achieved in implementing the Memorandum 
of Understanding on Social Issues, referring in particular to the conclusions of the 2nd 
Social  Forum  held  on  13-14  October  2009  in  Zagreb.  The  Commission  will  also 
recall  that  candidate  Contracting  Parties  are  expected  to  sign  the  Memorandum  of 
Understanding on Social Issues and to participate in the related activities. 

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Proposal for a 

COUNCIL DECISION 

on establishing the European Community position within the Ministerial Council of the 
Energy Community (Zagreb, 18 December 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 
Zagreb  on  18  December  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 Ministerial Council Decision amending Article 50 

of the Energy Community Treaty. 

•  The  European  Community  approves  the  proposed  amendments  to  the  Procedural  Act 
establishing Rules for Recruitment, Working Conditions and Geographical Equilibrium of 
the Secretariat's Staff.  

•  The  European  Community  approves  the  Ministerial  Council  Decisions  concerning  the 
accession of the Republic of Moldova and of Ukraine to the Energy Community subject to 
the following amendments: 

–  A  last  recital  is  added  to  the  Ministerial  Council  Decisions  concerning  the 
accession of the Republic of Moldova and of Ukraine as follows: "Whereas, in the 
gas  sector,  the  fulfilment  of  the  obligations  deriving  from  the  accession  to  the 
Energy Community requires specific attention due to the importance of this sector 
for the security of supply of all Parties," 

–  At  the  end  of  Article  1  paragraph  2  of  the  Ministerial  Council  Decisions 
concerning  the  accession  of  the  Republic  of  Moldova  and  of  Ukraine  to  the 
Energy Community, the following shall be added: "Before signing this Protocol, 
the  President  shall,  in  agreement  with  the  Vice-President  representing  the 
European  Community,  verify  that  a  law  on  the  gas  sector  in  compliance  with 
Directive 2003/55/EC is adopted and enacted." 

•  The  European  Community  approves  the  Ministerial  Council  Decision  concerning  the 
implementation  in  the  Energy  Community  of  Directive  2006/32/EC  on  energy  end-use 
efficiency  and  energy  services,  Directive  2002/91/EC  on  the  energy  performance  of 
buildings  and  Directive  92/75/EEC  on  the  indication  by  labelling  and  standard  product 
information of the consumption of energy and other resources by household appliances as 
well as a number of implementing directives. 

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