Legal provisions of COM(2007)342 - Establishing the EC position within the Ministerial Council of the Energy Community on 29 June 2007 (Podgorica) with regard to the extension of the acquis communautaire on security of supply, mutual assistance and energy efficiency - Main contents
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| dossier | COM(2007)342 - Establishing the EC position within the Ministerial Council of the Energy Community on 29 June 2007 (Podgorica) with regard ... |
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| document | COM(2007)342  |
| date | June 13, 2007 |
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52007PC0342
Proposal for a Council Decision on establishing the European Community position within the Ministerial Council of the Energy Community on 29 June 2007 (Podgorica) with regard to the extension of the acquis communautaire on security of supply, mutual assistance and energy efficiency /* COM/2007/0342 final */
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |
Brussels, 13.6.2007
COM(2007) 342 final
Proposal for a
COUNCIL DECISION
on establishing the European Community position within the Ministerial Council of the Energy Community on 29 June 2007 (Podgorica) with regard to the extension of the acquis communautaire on security of supply, mutual assistance and energy efficiency
(presented by the Commission)
EXPLANATORY MEMORANDUM
The European Community proposes the extension of the acquis communautaire to the Contracting parties. This extension under Title II of the EnCT will be done via Article 100 (ii) of the Energy Community Treaty. The European Community proposes that the following Directives and Regulation be adopted by this procedure:
1. Directive 2005/89/EC concerning measures to safeguard security of electricity supply and infrastructure investment
2. Directive 2004/67/EC concerning measures to safeguard security of natural gas supply
3. Regulation 1775/2005/EC on conditions or access to the natural gas transmission networks.
In this regard, the Commission shall examine appropriate means to ensure close co-ordination of relevant bodies and/or the consolidation these bodies.
With regard to the specific legal obligation (mutual assistance) under Art. 46 Energy Community Treaty, namely the adoption of a procedural act for the operation of the mutual assistance obligation, the European Community will propose that the time limit in Art. 46 Energy Community Treaty be extended to 2 or 3 years pursuant to Art. 100 (i), on the basis that the EU is considering this issue and it would be inconsistent to move ahead in the Energy Community Treaty before the EU has come to a position internally. Otherwise, there is a risk of discrimination amongst the Parties (see Article 4(6) of the Conclusion Decision (29 May 2006 L198/15) – 2006/500/EC). The Permanent High Level Group would be asked to produce a report to the EU reflecting the views of the Contracting Parties so these views can be fed into the EU debate.
This proposal does not constitute a financial engagement on the part of the European Community. The financial aspects of the proposal will be dealt with in the context of the eventual proposal on a budget for the Energy Community for 2008/2009.
Proposal for a
COUNCIL DECISION
on establishing the European Community position within the Ministerial Council of the Energy Community on 29 June 2007 (Podgorica) with regard to the extension of the acquis communautaire on security of supply, mutual assistance and energy efficiency
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 300 paragraph 2, 2nd paragraph;
Having regard to Council Decision of 29 May 2006 on the Conclusion by the European Community of the Energy Community Treaty (2006/500/EC), and in particular Article 4 thereof,
HAS DECIDED AS FOLLOWS:
Single Article
The position of the European Community within the Ministerial Council with regard to the Ministerial Agenda established for the Energy Community Ministerial meeting to take place in Podgorica on 29 June 2007 is set out in Annex to this Decision.