Energy Community

Energy Community institutions

MINISTERIAL COUNCIL

The Ministerial Council (MC) is obliged to ensure that objectives set out in the Treaty establishing the Energy Community are attained. The Council consists of one representative of each Contracting Party and two representatives of the European Community. One non-voting representative of each Participant may participate in the MC meetings.

The Ministerial Council:

• provides general political guidelines
• adopts measures:
• Decisions - are legally binding in their entirety upon those to whom they refer to. Contracting Parties are obliged to implement the decisions which refer to them into their legal system within the deadline prescribed by the decision.
• Recommendations – have no binding effect. Contracting Parties shall endeavour to implement them.
• adopts Procedural Acts which, among other things, may serve to confer certain tasks, powers or obligations related to the implementation of the Energy Community policy to the Permanent High Level Group, Regulatory Board or to the Secretariat under precisely defined conditions.

The Ministerial Council submits the annual report on the Energy Community activities to the European Parliament and to the parliaments of Adhering Parties and of Participants.

PERMANENT HIGH LEVEL GROUP

Permanent High Level group consists of one representative of each Contracting Party and two representatives of the European Community. One non-voting representative of each Participant may participate in the PHLG meetings. Permanent High Level Group:

• prepares the work of the Ministerial Council;
• approves the applications for technical assistance by international donor organisations, international financial institutions and bilateral donors;
• reports to the Ministerial Council on the progress made towards the achievement of the objectives of the Treaty;
• adopts measures, if so empowered by the Ministerial Council;
• adopts Procedural Acts not involving the conferral of tasks, powers or obligations to other institutions of the Energy Community;
• discusses the development of the acquis communautaire described in Title II of the Treaty on the basis of a report that the European Commission will submit on a regular basis.

ENERGY COMMUNITY REGULATORY BOARD

Regulatory Board:

• advises the Ministerial Council or the Permanent High-Level Group on details of statutory, technical and regulatory rules;
• issues Recommendations on cross-border disputes involving two or more Regulators, upon a request of any of them;
• adopts measures, if so empowered by the Ministerial Council;
• adopts Procedural Acts.

The Regulatory Board consists of one representative of an energy regulator of each Contracting Party, pursuant to the relevant parts of the acquis communautaire on energy. The European Community is represented by the European Commission, assisted by one regulator of each Participant and by one representative of the European Regulators Group for Electricity and Gas (ERGEG). If a Contracting Party or a Participant has one regulator for gas and a separate one regulator for electricity, the Contracting Party or the Participant determines which regulator will attend the meeting of the Regulatory Board taking the agenda into account.

ENERGY COMMUNITY SECRETARIAT

The Secretariat:

• provides administrative support to the Ministerial Council, the Permanent High-Level Group, the Regulatory Board and the Fora;
• reviews the proper implementation of obligations of the Parties under the Treaty and submits yearly progress reports to the Ministerial Council;
• reviews and assists in the coordination by the European Commission of the donors' activity in the territories of Adhering Parties and on the territory under the jurisdiction of the United Nations Interim Administration Mission in Kosovo and provides administrative support to the donors;
• carries out other tasks conferred to them under the Treaty or by a Procedural Act of the Ministerial Council, excluding the power to adopt Measures; and
• adopts Procedural Acts.

ELECTRICITY FORUM

• Energy Community advisory body
• The Forum consists of representatives of all interested parties, including industry, regulators, representative groups from industry and customers
• Conclusions are adopted by consensus

NATURAL GAS FORUM

• Energy Community advisory body
• The Forum consists of representatives of all interested parties, including industry, regulators, representative groups from industry and customers
• Conclusions are adopted by consensus