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

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.

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

The Government of the Portuguese Republic Secretariat shall be the Depositary of this Treaty .’.

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,”.

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.”.

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.’.