Council Decision (EU) 2024/3086 of 2 December 2024 on the position to be taken on behalf of the European Union in the Energy Charter Conference

Article 1

1.   In accordance with Article 36(7) of the Energy Charter Treaty (‘ECT’), the Union shall not exercise its right to vote in the Energy Charter Conference voting on the proposed amendments to and understandings with respect to Article 49 ECT and Article 21 of the ECT Protocol on energy efficiency and related environmental aspects (‘PEEREA’) and on the decisions on the designation of a depositary under Article 49 ECT and Article 21 PEEREA, attached to this Decision. 2.   The Member States that are Contracting Parties to the ECT shall, acting jointly, exercise their vote at the Energy Charter Conference on 3 December 2024, where they are present, or by correspondence, as the case may be, so as: (a) not to prevent the adoption by the Energy Charter Conference of the proposed amendment to Article 49 ECT (CC 760 REV2), attached to this Decision; (b) not to prevent the approval of the understanding with respect to Article 49 ECT on the roles of the Energy Charter Secretariat (CC 762 REV2), attached to this Decision; (c) not to prevent the approval of a decision on the designation of the Energy Charter Secretariat as depositary under Article 49 ECT with effect from 2 February 2025 (CC 814), attached to this Decision; and (d) not to prevent the adoption by correspondence of the proposed amendment to Article 21 PEEREA and the approval of the associated understanding with respect to Article 21 PEEREA and of the decision on the designation of the Energy Charter Secretariat as depositary under Article 21 PEEREA with effect from 2 February 2025 (CC 823), attached to this Decision.

Article 2

This Decision shall enter into force on the day of its adoption.

‘ 35 th Meeting of the Energy Charter Conference

ANNEXSupplementary provisions

ANNEX 1.    Proposed amendment to Article 49 ECT, included in the proposed amendments to the Energy Charter Treaty (document CC 760 REV2), as submitted to the Energy Charter Conference on 3 September 2024 ‘ Article 49 Depositary The Government of the Portuguese Republic Secretariat shall be the Depositary of this Treaty  ( 1 ) .’. 2.    Proposed new understanding with respect to Article 49 on the roles of the Energy Charter Secretariat, included in the proposed changes to Understandings, Declarations and Decision (document CC 762 REV2), as submitted to the Energy Charter Conference on 3 September 2024 ‘ Understanding 16 with respect to Article 49 in the original ECT Understanding 18 with respect to Article 49 in the ECT as amended in 1998 The “Secretariat” in Article 49 shall mean a “Secretariat” defined in Article 35. For the avoidance of doubt, all references to the “Depositary” in this Treaty shall mean the “Secretariat” defined in Article 35 in the capacity of the Depositary. ’. 3.    Proposed Decision of the Energy Charter Conference on the Designation of the Energy Charter Secretariat as a Depositary under Article 49 of the Energy Charter Treaty (document CC 814), as submitted to the Energy Charter Conference on 3 September 2024 ‘ 35 th Meeting of the Energy Charter Conference 3 December 2024 DESIGNATION OF THE ENERGY CHARTER SECRETARIAT AS A DEPOSITARY UNDER ARTICLE 49 OF THE ENERGY CHARTER TREATY The Contracting Parties to the Energy Charter Treaty (ECT) Taking note of the withdrawal of the Portuguese Republic as a Contracting Party to the ECT effective on 2 February 2025, Having regard to the notification of the Portuguese Republic of 7 March 2024 that the Government of the Portuguese Republic shall no longer perform the functions of the Depositary under Article 49 of the ECT after its withdrawal takes effect, Recalling the amendment to Article 49 designating the Energy Charter Secretariat (Secretariat) as the Depositary of the ECT adopted by the 35th Energy Charter Conference [CC 814], Have agreed as follows: 1. Pending the entry into force of the amendments to the ECT adopted on 3 December 2024 for any Contracting Party, the Secretariat shall carry out the functions of the Depositary of the ECT on an interim basis for each such Contracting Party as of 2 February 2025. 2. The Secretariat shall take all necessary measures to ensure the transition of the Depositary functions from the Government of the Portuguese Republic and assume these functions on an interim basis pursuant to subparagraph (a) on 2 February 2025.’. 4.    Proposed amendments to Article 21 PEEREA (document CC 823), as submitted to the Energy Charter Conference on 6 November 2024 ‘AMENDMENTS TO THE ENERGY CHARTER PROTOCOL ON ENERGY EFFICIENCY AND RELATED ENVIRONMENTAL ASPECTS The Contracting Parties to the Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects, Taking note of the withdrawal of the Portuguese Republic as a Contracting Party to the Energy Charter Treaty and the Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects effective on 2 February 2025, Having regard to the notification of the Portuguese Republic of 7 March 2024 that the Government of the Portuguese Republic shall no longer perform the functions of the Depositary under Article 49 of the Energy Charter Treaty after its withdrawal takes effect, have agreed as follows: Article 1 Amendments The Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects, as contained in Annex 3 to the Final Act of the European Energy Charter Conference, shall be amended as follows: 1. Article 21 of the Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects shall be amended as follows: replace “The Government of the Portuguese Republic” with “The Secretariat”. 2. Article 22 of the Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects shall be amended as follows: delete “Italian,”. Article 2 Understandings The Contracting Parties to the Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects adopt the following understanding with respect to Article 21: “The ‘Secretariat’ in Article 21 of this Protocol shall mean the Secretariat established under Article 35 of the Energy Charter Treaty. For the avoidance of doubt, all references to the ‘Depositary’ in this Protocol shall mean the Secretariat established under Article 35 of the Energy Charter Treaty in the capacity of the Depositary of this Protocol.”. Article 3 Interim Provisions 1.   Pending the entry into force of the amendments to the Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects adopted on 30 January 2025 for any Contracting Party, the Secretariat shall carry out the functions of the Depositary of the Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects on an interim basis for each such Contracting Party as of 2 February 2025. 2.   The Secretariat shall take all necessary measures to ensure the transition of the Depositary functions from the Government of the Portuguese Republic and assume these functions on an interim basis pursuant to paragraph (1) on 2 February 2025.’. ( 1 )   Proposed new wording is underlined and the text suggested to be deleted is shown in strikethrough .