Article 1 
1. In accordance with Article 36(7) of the Energy Charter Treaty (the ‘Agreement’), the Union shall not exercise its right to vote in the Energy Charter Conference voting on the proposed amendments to the Agreement. 2. The Member States that are Contracting Parties to the Agreement and that are present at the Energy Charter Conference shall exercise their vote so as: (a) not to prevent the adoption by the Conference of the proposed amendments to the Agreement; (b) not to prevent the approval of the proposed modifications and technical changes to the Annexes to the Agreement; (c) not to prevent the approval of the proposed changes to decisions, declarations and understandings; and (d) not to prevent the approval of a decision regarding the entry into force and provisional application of amendments to the Agreement and modifications and technical changes to its Annexes.
Article 2 
In the absence of a Council decision on the provisional application of the modernised Agreement two weeks prior to the deadline for notifying an opt out from provisional application, the Commission shall notify the depositary of the Agreement that the Union and Euratom opt out from provisional application.
Article 3 
This Decision shall enter into force on the date of its adoption.