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: 2013-08-28
Institutions: European Commission
Subjects: Community acquis, combustion gases, energy policy, environmental protection, industrial pollution, reduction of gas emissions, revision of an agreement













EUR-Lex - 52013DC0605 - EN











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52013DC0605

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 /* COM/2013/0605 final - 2013/ () */









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

The
Treaty establishing the Energy Community was signed on 25 October 2005 in Athens by the European Community and then nine Contracting Parties from South East Europe
and it entered into force on 1 Jul 2006. Article 16 of the Treaty defines the
"acquis communautaire on environment" as meaning: 
·                        
Council Directive 85/337/EEC of 27 June 1985 on
the assessment of the effects of certain public and private projects on the
environment, as amended by Council Directive 97/11/EC of 3 March 1997 and
Directive 2003/35/EC of the European Parliament and of the Council of 26 May
2003, 
·                        
Council Directive 1999/32/EC of 26 April 1999
relating to a reduction in the sulphur content of certain liquid fuels and
amending Directive 93/12/EEC,
·                        
Directive 2001/80/EC of the European Parliament
and of the Council of 23 October 2001 on the limitation of emissions of certain
pollutants into the air from large combustion plants (LCP
Directive), 
·                        
Article 4(2) of Directive 79/409/EEC of the
Council of 2 April 1979 on the conservation of wild birds.
Article
12 of the Treaty establishing the Energy Community states that Each Contracting
Party shall implement the acquis communautaire on environment in compliance
with the timetable set out in Annex II of the treaty.
The LCP
Directive was replaced by Chapter III, Article 72(3) and
(4), and Annex V of Directive 2010/75/EU of the European Parliament and of the
Council of 24 November 2010 on industrial emissions (integrated pollution
prevention and control) with effect from 7 January 2013 for new plants and from
1 January 2016 for existing plants. The LCP Directive is
repealed with effect from this latter date. Therefore, the
acquis communautaire on environment set out in Article 16
of the Treaty establishing the Energy Community, and
the timetable for implementation set out in Annex II thereof, should be amended
accordingly.
On 29
April 2013, the Commission adopted a Decision C(2013) 2364 final establishing
the Commission Proposals to the Ministerial Council of the Energy Community on
the implementation of Directive 2001/80/EC of the European Parliament and of
the Council of 23 October 2001 on the limitation of emissions of certain
pollutants into the air from large combustion plants, and on the implementation
of Chapter III, Annex V and Article 72(3)-(4) of Directive 2010/75/EU of the
European Parliament and of the Council of 24 November 2010 on industrial
emissions (integrated pollution prevention and control) and amending Article 16
and Annex II 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 on amendments to
the Energy Community Treaty.
In this
context, the Commission recommends that the Council authorise it to deliberate
within the institutions of the Energy Community on necessary amendments of the
Energy Community Treaty.

2.                      
RECOMMENDATION

The
Commission recommends that:
·      the Council authorise the Commission to negotiate on behalf of the
European Union necessary amendments to the Treaty establishing the Energy Community;
·      in accordance with the Treaty, the Council authorise the Commission
to act as negotiator representing the European Union and negotiate the amendments to the Energy Community Treaty as
set out in the negotiating directives annexed to this Recommendation (the
"negotiating directives ");
·      the Council designate a committee in consultation with which the
negotiation will be conducted; and
·      the Council issue the negotiating directives.
ANNEX
Directives
for the negotiation of amendments to
the Treaty establishing the Energy Community
Amendments to be agreed on behalf of the
European Union should be based on those proposed in Commission Decision C(2013)
2364 final and aim to ensure within the shortest possible time frame
convergence with the updated acquis communautaire on environment
concerning emissions from large combustion plants.