Considerations on COM(2022)522 - Position to be taken on behalf of Euratom in the 33rd meeting of the Energy Charter Conference

Please note

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(1) The Energy Charter Treaty (‘the Agreement’) was concluded by European Atomic Energy Community (‘the Euratom’) by Council and Commission Decision 98/181/EC, ECSC, Euratom of 23 September 1997 on the conclusion, by the European Communities, of the Energy Charter Treaty and the Energy Charter Protocol on energy efficiency and related environmental aspects (OJ L 69, 9.3.1998, pp. 1-116) and entered into force on 16 April 1998.

(2) Pursuant to Article 34 of the Agreement, the Energy Charter Conference adopts texts of amendments to the Agreement and approves modifications of, and technical changes to, the Annexes to the Agreement.

(3) The Energy Charter Conference, during its 33rd meeting on 22 November 2022, is to adopt the proposed amendments to the Energy Charter Treaty (CC 760) and to approve (i) the proposed modifications and changes to the Annexes to the Energy Charter Treaty (CC 761), (ii) the proposed changes to Understandings, Declarations and Decisions (CC 762), and (iii) the decision regarding the entry into force and provisional application of amendments to the Energy Charter Treaty and changes/modifications to its Annexes (CC 763).

(4) It is appropriate to establish the position to be taken on Euratom’s behalf in the Energy Charter Conference, as the abovementioned acts will be binding on Euratom, as regards matters falling under the Euratom Treaty.

(5) In the absence of any substantial update of the Agreement since the 1990s, the Agreement became increasingly outdated. It is appropriate to amend the Agreement to bring it into alignment with the principles of the Paris Agreement, the requirements of sustainable development and the fight against climate change, as well as with modern standards of investment protection.