Considerations on COM(2024)536 - - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)536 - . |
|---|---|
| document | COM(2024)536 |
| date | November 11, 2024 |
(2) In the absence of any substantial update of the ECT since the 1990s, the ECT became increasingly outdated.
(3) Article 49 ECT sets out that the Government of the Portuguese Republic shall be the depositary of the ECT. On 1 February 2024, the Portuguese Republic notified its intention to withdraw from the ECT and thereby also the intention to cease performing its function as the depositary. The withdrawal of the Portuguese Republic from the ECT will take effect on 2 February 2025.
(4) An amendment to Article 49 ECT is necessary to designate a new depositary to the ECT. The Contracting Parties to the ECT (‘Contracting Parties’) agreed in negotiations to add such an amendment to the modernised text of the ECT, indicating the Energy Charter Secretariat (‘Secretariat’) as a new depositary. They also agreed to propose for approval by the Energy Charter Conference a new understanding with respect to Article 49 ECT on the roles of the Secretariat. 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 a decision, which will designate the Secretariat as an interim depositary as of 2 February 2025, pending the entry into force of amendments to the ECT.
(5) Pursuant to Article 34 ECT, the Energy Charter Conference adopts texts of amendments to the ECT.
(6) The Energy Charter Conference is to adopt the proposed acts at its meeting of 3 December 2024. The acts to be adopted by the Energy Charter Conference will be binding on the Union.
(7) It is appropriate for the Union not to exercise its vote at the Energy Charter Conference voting on the proposed amendments to the ECT and to establish the position to be taken by the Member States that are Contracting Parties, acting jointly, for matters falling under the Union competence. This position is without prejudice to the division of competences between the Union and the Member States. It complements the Council Decision (EU) 2024/16449.
(8) The Member States that are Contracting Parties and that are present at the Energy Charter Conference should take a position which does not prevent the adoption or approval of the proposed acts.