Considerations on COM(2024)527 - Approval of the position to be taken on behalf of Euratom in the Energy Charter Conference

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dossier COM(2024)527 - Approval of the position to be taken on behalf of Euratom in the Energy Charter Conference.
document COM(2024)527 EN
date December  2, 2024
 
table>(1)The Energy Charter Treaty (‘ECT’) and its Protocol on Energy Efficiency and Related Environmental Aspects (‘PEEREA’) were concluded by the European Communities by means of Council and Commission Decision 98/181/EC, ECSC, Euratom (1) and entered into force on 16 April 1998.
(2)Article 49 of the ECT and Article 21 of PEEREA designated the Government of the Portuguese Republic as the depositary of the ECT and PEEREA. On 1 February 2024 the Portuguese Republic notified its intention to withdraw from the ECT and PEEREA. In this regard, the Government of the Portuguese Republic will cease performing its function as depositary. The withdrawal of the Portuguese Republic from the ECT and PEEREA will take effect on 2 February 2025.

(3)An amendment to Article 49 of the ECT and Article 21 of PEEREA is necessary to designate a new depositary of the ECT and PEEREA. The Contracting Parties to the ECT (‘Contracting Parties’) agreed in negotiations to add such an amendment to the modernised text of the ECT, in order to designate the Energy Charter Secretariat (‘the Secretariat’) as a new depositary. The Contracting Parties have also agreed to amend PEEREA similarly. The Contracting Parties have further agreed to propose for approval by the Energy Charter Conference a new understanding with respect to Article 49 of the ECT and Article 21 of PEEREA on the roles of the Secretariat as depositary. Furthermore, given that not all Contracting Parties will apply the modernised ECT provisionally after its adoption, the Contracting Parties agreed to propose for approval by the Energy Charter Conference two decisions which will designate the Secretariat as interim depositary from 2 February 2025, pending the entry into force of amendments to the ECT and PEEREA.

(4)Pursuant to Article 34 of the ECT, the Energy Charter Conference adopts texts of amendments to the ECT. Pursuant to Article 12 of PEEREA, the Energy Charter Conference adopts texts of amendments to PEEREA.

(5)The Energy Charter Conference is to adopt the proposed acts at its meeting of 3 December 2024 with respect to the ECT and by correspondence, launched on 6 November 2024 with a deadline on 30 January 2025, with respect to PEEREA. The acts to be adopted by the Energy Charter Conference will be binding on Euratom.

(6)It is appropriate for Euratom not to exercise its vote at the Energy Charter Conference voting on the proposed amendments to the ECT and PEEREA, as well as on the proposed understandings and decisions. It is also appropriate to establish the position to be taken by the Member States that are Contracting Parties, acting jointly, for matters falling within Euratom’s competence. That position is without prejudice to the division of competences between Euratom and the Member States. That position complements the position laid down in Council Decision (Euratom) 2024/1645 (2).

(7)The Member States that are Contracting Parties, that are present at the Energy Charter Conference or that vote by correspondence, should take a position which does not prevent the adoption or approval of the proposed amendments, understandings and decisions,