Annexes to COM(2013)613 - Establishing the EU position within the Ministerial Council of the Energy Community (Belgrade, 24th October 2013)

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ANNEX European Union Position

1. The European Union approves:

· the financial discharge of the Director of the Energy Community Secretariat for 2012;

· the Budget for 2014-2015, subject to approval by the budget authority of the corresponding appropriations for both years;

· the Energy Community Work Programme for 2014-2015;

· the amendments to Annex IV of the Energy Community Treaty, concerning the contributions of the parties to the Energy Community Budget, and in particular the increase of the EU contribution by 0,40%, corresponding to the current contribution paid by Croatia;

· amendments to Article 16 and Annex II of the Energy Community Treaty, in line with Council Decision of dd/mm/2013, authorising the Commission to negotiate on behalf of the European Union amendments to the Energy Community Treaty;

· a Ministerial Council Decision declaring the breach by Bosnia & Herzegovina of provisions of the Energy Community acquis on gas, identified by the Secretariat in its reasoned request, to the extent that the alleged breach is confirmed by the Advisory Committee on Dispute Settlement in its opinion. In case of discrepancy of views, the European Union asks for postponing the decision to a date not later than 30th November 2013;

· the list of PECIs proposed by the Energy Strategy Task Force. It endorses the regulatory investments incentives proposed by the ECRB, which are not exhaustive and might be reviewed in the light of the on-going discussions in the European Union;

· the extension of the duration of the Energy Community Treaty for an additional period of 10 years;

· the setting up of a High Level Reflection Group mandated to assess the functioning of the Treaty and to propose potential improvements to this international organisation, including, as the case may be, amendments to the Treaty;

· amendments to Procedural Act 2006/01/MC-EnC (Rules of Procedure of the Ministerial Council), introducing the adoption of a biennial work-programme;

· the Outline of a Social Strategy.

2. The European Union supports:

· the implementation by the Contracting Parties of the Energy Community of Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, based on a Recommendation of the Ministerial Council, as a first step for the future adoption of a binding act;

· the adoption of adaptations to Directive 2001/80/EC on the reduction of emissions from large combustion plants, as well as the implementation by the Contracting Parties of the Energy Community of Chapter III, Annex V and Article 72(3)-(4) of Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control). On this base, the Commission submitted to the Ministerial Council a proposal for a Decision on the implementation of Directive 2001/80/EC, on the implementation of Directive 2010/75/EU and amending Article 16 and Annex II of the Treaty;

· the adoption by the Energy Community of Commission Regulation (EU) No 147/2013 of 13 February 2013 amending Regulation (EC) No 1099/2008 of the European Parliament and of the Council, on energy statistics, as regards the implementation of updates for the monthly and annual energy statistics in the Energy Community.

[1]               Report from the Commission to the European Parliament and the Council under Article 7 of Decision 2006/500/EC (Energy Community Treaty) (COM(2011)105 final)

[2]               3127th Transport, Telecommunications and Energy Council meeting (Energy items), Brussels, 24 November 2011.

[3]               OJ L 198, 20.7.2006, p. 15.