RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL to authorise the Commission to negotiate on behalf of the European Union amendments to the Energy Community Treaty  RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL to authorise the Commission to negotiate on behalf of the European Union amendments to the Energy Community Treaty
Date: 2011-06-01
Institutions: European Commission
Subjects: domestic market, electricity supply, natural gas, renewable energy

EUROPEAN COMMISSION 

Brussels, 1.6.2011 
COM(2011) 324 final 

RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL 

to authorise the Commission to negotiate on behalf of the European Union amendments 
to the Energy Community Treaty 

 
 
 
 
  
 
RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL 

to authorise the Commission to negotiate on behalf of the European Union amendments 
to the Energy Community Treaty 

1. 

EXPLANATORY MEMORANDUM 

Article  11  of  the  Treaty  establishing  the  Energy  Community  defines  the  "acquis 
communautaire on energy" as meaning:  

-  Directive  2003/54/EC  of  the  European  Parliament  and  of  the  Council  of  26  June  2003 
concerning  common  rules  for  the  internal  market  in  electricity  and  repealing  Directive 
96/92/EC; 

-  Directive  2003/55/EC  of  the  European  Parliament  and  of  the  Council  of  26  June  2003 
concerning  common  rules  for  the  internal  market  in  natural  gas  and  repealing  Directive 
98/30/EC; and 

- Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 
2003 on conditions for access to the network for cross-border exchanges in electricity.  

Under Decision No 2007/06/MC-EnC of the Ministerial Council of the Energy Community of 
18 December 2007, Contracting Parties are also under an obligation to implement Regulation 
(EC) No 1775/2005 of the European Parliament and of the Council of 28 September 2005 on 
conditions for access to the natural gas transmission networks. 

In the European Union, the four above-mentioned acts have been repealed with effect from 3 
March 2011 and replaced by Directive 2009/72/EC, Directive 2009/73/EC, Regulation (EC) 
No 714/2009 and Regulation (EC) No 715/2009, all adopted on 13 July 2009. Together with 
Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 
establishing an Agency for the Cooperation of Energy Regulators (ACER), these new pieces 
of EU legislation form the ‘third package’ of legislative measures on the EU internal energy 
market.  

Under Article 20 of the Energy Community Treaty: "Each Contracting Party shall provide to 
the European Commission within one year of the date of entry into force of this Treaty a plan 
to  implement  Directive  2001/77/EC  of  the  European  Parliament  and  of  the  Council  of  27 
September 2001 on the promotion of electricity produced from renewable energy sources in 
the  internal  electricity  market  and  Directive 2003/30/EC  of  the  European  Parliament  and  of 
the Council of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels 
for transport. The European Commission shall present the plan of each Contracting Party to 
the Ministerial Council for adoption." 

Both Directives, identified as the Energy Community "acquis on renewables", were amended 
by Directive 2009/28/EC of the European Parliament and of the Council, of 23 April 2009, on 
the promotion of the use of energy from renewable sources and amending and subsequently 
repealing Directives 2001/77/EC and 2003/30/EC. 

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In its report on the Energy Community under Article 7 of Decision 2006/500/EC, adopted on 
10 March 2011, the Commission identified adoption and implementation of the third package 
and  of  Directive  2009/28  as  one  of  the  priorities  for  the  Energy  Community,  as  a  means  to 
speed up integration of the region into the single European energy market. 

Under  Article  59  of  the  Energy  Community  Treaty,  on  the  composition  of  the  Energy 
Community  Regulatory  Board,  the  European  Union  shall  be  represented  "by  the  European 
Commission,  assisted  by  one  regulator  of  each  Participant,  and  one  representative  of  the 
European Regulators Group for Electricity and Gas (ERGEG)." 

The activities performed in the past by the European Regulators Group for Electricity and Gas 
(ERGEG)  have  been  taken  over  by  ACER  and  ERGEG  will  cease  to  exist  as  from  1st  July 
2011. 

On 6th May 2011, the Commission adopted a Decision establishing the Commission Proposal 
to  the  Ministerial  Council  of  the  Energy  Community  on  the  implementation  of  Directive 
2009/72/EC,  Directive  2009/73/EC,  Regulation  (EC)  No  714/2009  and  Regulation  (EC)  No 
715/2009 and amending Articles 11 and 59 of the Energy Community Treaty. 

Article  5(2)  of  Council  Decision  2006/500  of  29  May  2006,  on  the  conclusion  by  the 
European Community of the Energy Community Treaty, sets out the procedure to be applied 
before a position can  be  taken at  the  Energy  Community Institutions  on  amendments to the 
Energy Community Treaty (Article 100(i)). 

In the above context, the Commission therefore recommends that the Council authorise it to 
deliberate  within  the  institutions  of  the  Energy  Community  on  necessary  adaptations  of  the 
Energy Community Treaty. 

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2. 

RECOMMENDATION 

In the light of the above, the Commission recommends: 

•  that the Council authorises the Commission to negotiate on behalf of the European Union 

necessary amendments to of the Treaty establishing the Energy Community 

•  in  accordance  with  the  Treaty,  the  Commission  shall  be  the  negotiator  for  the  European 
Union and shall negotiate the amendments to the Energy Community Treaty as set out in 
the negotiating directives; and 

•  that, the Council designates a committee in consultation with which the negotiation must 

be conducted; and 

•  that the Council issues the negotiating directives annexed to this Recommendation. 

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Directives  for  the  negotiation  of  amendments  to  the  Treaty  establishing  the  Energy 
Community. 

ANNEX 

1. 

"ACQUIS COMMUNAUTAIRE ON ENERGY" 

Amendments  to  be  agreed  on  behalf  of  the  European  Union  should  be  in  line  with 
those proposed in the Commission's decision of 6th May 2011.  

2. 

"ACQUIS FOR RENEWABLES" 

Amendments  to  be  agreed  on  behalf  of  the  European  Union  should  refer  to  the 
obligation of Contracting Parties to adopt Directive 2009/28, on the promotion of the 
use  of  energy  from  renewable  sources  and  amending  and  subsequently  repealing 
Directives 2001/77/EC and 2003/30/EC. 

3. 

ENERGY COMMUNITY REGULATORY BOARD 

Amendments  to  be  agreed  on  behalf  of  the  European  Union  should  be  in  line  with 
those proposed in the Commission's decision of 6th May 2011.  

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