Council Decision (EU) 2026/69 of 15 December 2025 on the position to be taken on behalf of the European Union within the Ministerial Council of the Energy Community

• CELEX: Decision (EU) 2026/69
• Articles: 4

Article 1

The position to be taken on the Union’s behalf in the 23rd meeting of the Ministerial Council of the Energy Community (the ‘Ministerial Council’) on 18 December 2025 shall be to approve the adoption of the acts as set out in the addendum to this Decision.

Article 2

1.   Minor changes may be agreed by the Commission to the acts as set out in the addendum to this Decision, in the light of comments communicated by the Energy Community Treaty contracting parties before or at the meeting of the Ministerial Council, without a further decision of the Council.

2.   If the Ministerial Council is not in a position to adopt the acts as set out in the addendum to this Decision at its meeting on 18 December 2025, those acts may be adopted by correspondence following the 23rd meeting of the Ministerial Council, in accordance with the Rules of Procedure of the Ministerial Council, without a further decision of the Council.

Article 3

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

Schedules & Appendices

ANNEX DECISIONS UNDER ARTICLE 91(1)(A) OF THE TREATY ESTABLISHING THE ENERGY COMMUNITY ESTABLISHING THE EXISTENCE OF A BREACH OF THAT TREATY IN SPECIFIC CASES

ANNEX

DECISIONS UNDER ARTICLE 91(1)(A) OF THE TREATY ESTABLISHING THE ENERGY COMMUNITY ESTABLISHING THE EXISTENCE OF A BREACH OF THAT TREATY IN SPECIFIC CASES

The position to be taken on behalf of the European Union is to approve the draft Ministerial Council Decisions under Article 91(1)(a) EnCT, provided that the Advisory Committee of the Energy Community delivers as soon as possible a prior opinion supporting the findings of the Energy Community Secretariat establishing the existence of a breach in:

(a)

Decision 2025/…/MC-EnC on the failure of Albania to comply with the Energy Community Treaty in Case ECS-5/24;

(b)

Decision 2025/…/MC-EnC on the failure of Bosnia and Herzegovina to comply with the Energy Community Treaty in Case ECS-6/24;

(c)

Decision 2025/…/MC-EnC on the failure of Georgia to comply with the Energy Community Treaty in Case ECS-7/24;

(d)

Decision 2025/…/MC-EnC on the failure of Kosovo* to comply with the Energy Community Treaty in Case ECS-8/24;

(e)

Decision 2025/…/MC-EnC on the failure of Moldova to comply with the Energy Community Treaty in Case ECS-9/24;

(f)

Decision 2025/…/MC-EnC on the failure of Montenegro to comply with the Energy Community Treaty in Case ECS-10/24;

(g)

Decision 2025/…/MC-EnC on the failure of North Macedonia to comply with the Energy Community Treaty in Case ECS-11/24;

(h)

Decision 2025/…/MC-EnC on the failure of Serbia to comply with the Energy Community Treaty in Case ECS-12/24;

(i)

Decision 2025/…/MC-EnC on the failure of Ukraine to comply with the Energy Community Treaty in Case ECS-13/24;

(j)

Decision 2025/…/MC-EnC on the failure of Bosnia and Herzegovina to comply with the Energy Community Treaty in Case ECS-14/24;

(k)

Decision 2025/…/MC-EnC on the failure of Georgia to comply with the Energy Community Treaty in Case ECS-15/24;

(l)

Decision 2025/…/MC-EnC on the failure of Kosovo* to comply with the Energy Community Treaty in Case ECS-16/24;

(m)

Decision 2025/…/MC-EnC on the failure of Moldova to comply with the Energy Community Treaty in Case ECS-17/24;

(n)

Decision 2025/…/MC-EnC on the failure of Bosnia and Herzegovina to comply with the Energy Community Treaty in Case ECS-19/24;

(o)

Decision 2025/…/MC-EnC on the failure of North Macedonia to comply with the Energy Community Treaty in Case ECS-21/24;

(p)

Decision 2025/…/MC-EnC on the failure of Serbia to comply with the Energy Community Treaty in Case ECS-22/24;

(q)

Decision 2025/…/MC-EnC on the failure of Albania to comply with the Energy Community Treaty in Case ECS-23/24;

(r)

Decision 2025/…/MC-EnC on the failure of Bosnia and Herzegovina to comply with the Energy Community Treaty in Case ECS-24/24;

(s)

Decision 2025/…/MC-EnC on the failure of Georgia to comply with the Energy Community Treaty in Case ECS-25/24;

(t)

Decision 2025/…/MC-EnC on the failure of Kosovo* to comply with the Energy Community Treaty in Case ECS-26/24;

(u)

Decision 2025/…/MC-EnC on the failure of Moldova to comply with the Energy Community Treaty in Case ECS-27/24;

(v)

Decision 2025/…/MC-EnC on the failure of Montenegro to comply with the Energy Community Treaty in Case ECS-28/24;

(w)

Decision 2025/…/MC-EnC on the failure of North Macedonia to comply with the Energy Community Treaty in Case ECS-29/24;

(x)

Decision 2025/…/MC-EnC on the failure of Serbia to comply with the Energy Community Treaty in Case ECS-2/21;

(y)

Decision 2025/…/MC-EnC on the failure of Montenegro to comply with the Energy Community Treaty in Case ECS-15-21.

Procedural Act 2025/XX/MC-EnC on the adoption of the budget of the Energy Community for the years 2026-2027 and on the contributions by the Parties to the budget

The position to be adopted on behalf of the European Union is to approve the draft procedural act of the Ministerial Council of the Energy Community on the adoption of the budget of the Energy Community for the years 2026-2027 and on the contributions by the Parties to the budget in accordance with Addendum 1 to this Annex.

Decision D/2025/XX/MC-EnC of the Ministerial Council on the Discharge of the Director of the Secretariat

The position to be taken on behalf of the European Union in the Ministerial Council is to approve the draft Ministerial Council decision on the Financial Discharge of the Director of the Secretariat of the Energy Community in accordance with Addendum 2 to this Annex.

Procedural Act 2025/PA/XX/MC-EnC on amending the Energy Community Procedures for the Establishment and Implementation of Budget, Auditing and Inspection of 17 November 2006, as amended by Procedural Acts 2014/01/MC-EnC, 2022/02/MC-EnC and 2024/06/MC-EnC

The position to be taken on behalf of the European Union in the Ministerial Council is to approve the draft Ministerial Council procedural act amending the Energy Community Procedures for the Establishment and Implementation of Budget, Auditing, and Inspection in accordance with Addendum 3 to this Annex.

Procedural Act 2025/PA/XX/MC-EnC on adopting the organigramme of the Secretariat

The position to be taken on behalf of the European Union in the Ministerial Council is to approve the draft Ministerial Council procedural act on the adoption of the organigramme of the Energy Community Secretariat in accordance with Addendum 4 to this Annex.

Reappointment of European Commission representatives in the Energy Community Arbitration Committee in accordance with Procedural Act No 01/2011 PHLG–EnC of the Permanent High Level Group of the Energy Community laying down the rules governing the arbitration procedure in staff matters under Article 14 of the Staff Regulations

The position to be adopted on behalf of the European Union is to support and confirm the reappointment by the European Commission of the two Commission officials as permanent and permanent alternate members of the Arbitration Committee representing the European Commission.