Council Decision (EU) 2024/1075

Contents

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 194(1), in conjunction with Article 218(9) thereof,Having regard to the proposal from the European Commission,Whereas:

(1)The Energy Community Treaty (‘the Treaty’) was concluded by the Union by Council Decision 2006/500/EC of 29 May 2006^note and entered into force on 1 July 2006.

(2)Pursuant to Article 47 of the Treaty, the Ministerial Council is to take Measures, which, pursuant to Article 76 of that Treaty, may take the form of a Decision or of a Recommendation.

(3)The Ministerial Council will adopt a number of acts, listed in the Annex to this Decision, which fall under the scope of Article 218(9) of the Treaty on the Functioning of the European Union and on which representatives of the Union will vote.

(4)The purpose of the envisaged acts is to facilitate the achievement of the objectives of the Treaty and the functioning of the Energy Community Secretariat in Vienna which, among others, provides administrative support to the Ministerial Council.

(5)It is appropriate to establish the position to be taken on the Union’s behalf in the Ministerial Council regarding the acts listed in the Annex to this Decision, as those acts will have legal effects for the Union,

HAS ADOPTED THIS DECISION:

Article 1 #

(1)The position to be taken on the Union’s behalf in the Ministerial Council of the Energy Community is to approve the adoption of acts listed in the Annex to this Decision.

(2)Minor changes to the acts listed in the Annex to this Decision, in the light of comments from the Contracting Parties to the Energy Community, may be agreed by the Commission, before or at the Ministerial Council, without a further decision of the Council.

Article 2 #

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

PROCEDURAL ACT 2023/XX/MC-EnC AMENDING THE ENERGY COMMUNITY STAFF REGULATIONS OF 18 DECEMBER 2007 AS AMENDED BY PROCEDURAL ACT 2009/04/MC-EnC AND PROCEDURAL ACT 2022/02/MC-EnC, AND AMENDING PROCEDURAL ACT 2006/02/MC-EnC ON THE ADOPTION OF RULES FOR RECRUITMENT, WORKING CONDITIONS AND GEOGRAPHICAL EQUILIBRIUM OF THE SECRETARIAT’S STAFF OF THE ENERGY COMMUNITY, AS AMENDED BY PROCEDURAL ACT 2016/01/MC-EnC AND PROCEDURAL ACT 2022/02/MC-EnC

The position to be taken on behalf of the Union in the Ministerial Council should be to approve the draft Ministerial Council Procedural Act amending the Energy Community Staff Regulations of 18 December 2007 and amending the Procedural Act on the Rules for Recruitment, Working Conditions and Geographical Equilibrium of the Secretariat's Staff of the Energy Community in accordance with Addendum 1 to this Annex.

PROCEDURAL ACT 2023/XX/MC-EnC ON AMENDING PROCEDURAL ACT 2021/01/MC-EnC ON THE ADOPTION OF THE BUDGET OF THE ENERGY COMMUNITY FOR THE YEARS 2022-2023 AND ON THE CONTRIBUTIONS BY THE PARTIES TO THE BUDGET

The position to be taken on behalf of the Union in the Ministerial Council should be to approve the draft Ministerial Council Procedural Act on amending the Procedural Act 2021/01/MC-EnC on the adoption of the Budget of the Energy Community for the years 2022-2023 and on the contributions by the Parties to the budget in accordance with Addendum 2 to this Annex.

PROCEDURAL ACT 2023/XX/MC-EnC ON AMENDING PROCEDURAL ACT 2021/02/MC-EnC ON THE APPOINTMENT OF THE DIRECTOR OF THE ENERGY COMMUNITY SECRETARIAT

The position to be taken on behalf of the Union in the Ministerial Council should be to approve the draft Ministerial Council Procedural Act amending Procedural Act 2021/02/MC-EnC on the appointment of the Director of the Energy Community Secretariat in accordance with Addendum 3 to this Annex.

PROCEDURAL ACT 2023/XX/MC-EnC ON THE ADOPTION OF THE BUDGET OF THE ENERGY COMMUNITY FOR THE YEARS 2024-2025 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 2024-2025 and on the contributions by the Parties to the budget in accordance with Addendum 4 to this Annex.

PROCEDURAL ACT 2023/XX/MC-EnC ON THE ADOPTION OF THE ORGANIGRAMME OF THE ENERGY COMMUNITY SECRETARIAT

The position to be taken on behalf of the Union in the Ministerial Council should be to approve the draft Ministerial Council Procedural Act on the adoption of the Organigramme of the Energy Community Secretariat in accordance with Addendum 5 to this Annex.

PROCEDURAL ACT 2023/XX/MC-EnC ON AMENDING PROCEDURAL ACT 2006/03/MC-EnC ON THE ADOPTION OF ENERGY COMMUNITY PROCEDURES FOR THE ESTABLISHMENT AND IMPLEMENTATION OF BUDGET, AUDITING AND INSPECTION, AS AMENDED BY PROCEDURAL ACT 2014/01/MC-EnC AND PROCEDURAL ACT 2022/02/MC-EnC

The position to be taken on behalf of the Union in the Ministerial Council should be to approve the draft Ministerial Council Procedural Act on amending Procedural Act 2006/03/MC-EnC on the adoption of Energy Community Procedures for the Establishment and Implementation of Budget, Auditing, and Inspection in accordance with Addendum 6 to this Annex.

DECISION 2023/XX/MC-EnC ON FINANCIAL DISCHARGE OF THE DIRECTOR OF THE SECRETARIAT OF THE ENERGY COMMUNITY

The position to be taken on behalf of the Union in the Ministerial Council should be 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 7 to this Annex.

Addendum 7 to the annex

Addendum 1 to the annex

Addendum 2 to the annex

Addendum 3 to the annex

Act of Appointmentamending the Act of Appointment of 29 December 2021

(1)Name of the employer: Energy Community, Am Hof 4, 1010 Vienna, Austria

(2)Name of the employee: Artur Lorkowski

(3)Date of Appointment: 1 December 2021

(4)Expiry of Appointment: 30 November 2026

(5)Title: Director

(6)Duty Station: Vienna, Austria

(7)Working conditions:As set out in the Staff Regulations and Rules for Recruitment, Working Conditions and Geographical Equilibrium of the Secretariat’s Staff, as amended.

(8)Salary:In line with the Staff Regulations of the Energy Community and as set out in the Budget of the Energy Community for the years 2022-2023 pursuant to Procedural Act 2021/1/MC-EnC as amended by Procedural Act 2023/XX/MC-EnC, for the years 2024-2025 pursuant to Procedural Act 2023/XX/MC-EnC, and for year 2026 as determined by the Procedural Act setting the Budget of the Energy Community for the years 2026-2027.

(9)Job description:

(a)The annual evaluation of the performance of the director will be conducted in compliance with Article 4.8 of the Staff Regulations, based on the below job description that covers at the minimum the following tasks:

(a)Developing and ensuring effective implementation of the Secretariat’s short- and long-term activities in accordance with its mandate, as set out in Article 67 of the Energy Community Treaty,

(b)Ensuring the effective planning and management of the human resources, including an efficient allocation and use of resources, motivating staff, fostering a good team spirit as well as creating and maintaining a balanced and productive working environment,

(c)Ensuring the effective planning, management and implementation of the budget in accordance with the principles of sound financial management and the budgetary rules,

(d)Ensuring the representation of the Energy Community Secretariat within the institutions and bodies of the Energy Community, as well as to the outside.

(b)This job description shall be discussed with the Director during the annual performance evaluation and, based on its outcome, adjusted if necessary.

According to the Rules for Recruitment, Working Conditions and Geographical Equilibrium of the Secretariat’s Staff adopted by the Ministerial Council by Procedural Act 2006/02/MC-EnC, as amended by Procedural Act 2016/01/MC-EnC and Procedural Act 2023/XX/MC-EnC, as annexed hereto

Presidency of the Energy Community

Done in Vienna, on