Considerations on COM(2024)535 - EU position in the Ministerial Council of the Energy Community and in the Energy Community Regulatory Board (Vienna, Austria, 12 December 2024, and Athens, Greece, 10 December 2024)

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table>(1)The Energy Community Treaty (the ‘Treaty’) was concluded by the Union by Council Decision 2006/500/EC (1) and entered into force on 1 July 2006.
(2)Pursuant to Articles 47 and 76 of the Treaty, the Ministerial Council of the Energy Community (the ‘Ministerial Council’) is to take Measures in the form of a Decision or a Recommendation.

(3)Pursuant to Articles 60 and 86 of the Treaty, the Regulatory Board of the Energy Community (the ‘Regulatory Board’) is to adopt its internal rules of procedure by Procedural Act.

(4)The Ministerial Council, during its 22nd session to be held on 12 December 2024 in Vienna, is to adopt, inter alia, acts which fall within the scope of Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) and on which representatives of the Union are to vote. The acts to be adoped include a number of decisions in accordance with Article 91(1)(a) of the Treaty, provided that the Advisory Committee of the Energy Community established by Procedural Act No 2008/01 of the Ministerial Council delivers a prior opinion in a timely manner in support of the findings of the Secretariat of the Energy Community determining the existence of a breach of the Treaty, and a decision on the financial discharge of the director of the Secretariat of the Energy Community. In addition, the Ministerial Council will also adopt its position on the prolongation of the mandates of two members of the Advisory Committee and the appointment of three new members until 31 December 2028.

(5)The Regulatory Board, at its 59th session to be held on 10 December 2024 in Athens, is to adopt a decision which falls within the scope of Article 218(9) TFEU and on which representatives of the Union are to vote, namely a Procedural Act replacing its internal rules of procedure.

(6)The purpose of the envisaged acts of the Ministerial Council and of the Regulatory Board is to facilitate the achievement of the objectives of the Treaty.

(7)It is appropriate to establish the position to be taken on behalf of the Union within the Ministerial Council and the Regulatory Board regarding the envisaged acts, as those acts will have legal effects for the Union,