CELEX: 52008SC1903
Language: en
Date: 2008-05-19
Title: Proposal for a Council Decision on establishing the European Community position within the Ministerial Council of the Energy Community (Brussels, 27 June 2008)

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EN    EN
 ---pagebreak---                     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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 ---pagebreak---                                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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 ---pagebreak---                                            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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 ---pagebreak---                                               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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