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EUROPEAN COMMISSION

Brussels, 30.10.2026 COM(2026) 593 final

2026/0341 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union in the Permanent High

Level Group and the Ministerial Council of the Energy Community (Vienna, Austria, 23

and 30 November 2026)

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EXPLANATORY MEMORANDUM

1. SUBJECT MATTER OF THE PROPOSAL

This Proposal concerns the decision establishing the position to be taken on the Union’s

behalf by the Ministerial Council of the Energy Community in connection with a number of

acts which are envisaged for adoption by this body on 30 November 2026 at its meeting in

Vienna, Austria. Prior to that meeting, on 23 November 2026, the Permanent High Level

Group of the Energy Community (‘the PHLG’) will meet, also in Vienna, in order to discuss

and endorse the items for adoption by the Ministerial Council.

Finally, this Proposal includes, for information, several items placed on the agenda of the

Ministerial Council which do not fall within the scope of Article 218(9) of the Treaty on the

Functioning of the European Union (‘the TFEU’).

2. CONTEXT OF THE PROPOSAL

2.1. The Energy Community Treaty

The Energy Community Treaty1 (‘the EnCT’) aims to create a stable regulatory and market

framework and a single regulatory space for trade in network energy by implementing the

agreed parts of the EU acquis on energy in the non-EU Parties. The EnCT entered into force

on 1 July 2006. The European Union is a Party to it2. The EnCT refers to the nine non-EU

Parties as ‘Contracting Parties’.

2.2. The Ministerial Council and the PHLG

The Ministerial Council ensures that the objectives set out in the EnCT are attained. It

consists of one representative of each Contracting Party and two representatives of the EU.

Pursuant to Article 47 EnCT, it provides general policy guidelines, takes Measures (Decisions

or Recommendations) and adopts Procedural Acts. Each Party has one vote and the

Ministerial Council acts in accordance with different voting rules depending on the subject

matter. The EU is one of the 10 Parties and has one vote, where applicable, depending on the

subject matter concerned. Pursuant to Article 78 EnCT, the Ministerial Council may act only

if two thirds of the Parties are represented. Abstentions in a vote do not count as votes cast.

A simple majority vote applies to the envisaged acts listed below under Section 2.3, point 5

(Article 91(1)(a) EnCT). A two-thirds majority of the votes cast, including a positive vote by

the EU, applies to the envisaged act under Section 2.3, point 2 (Article 83 of the Energy

Community Procedures for the Establishment and Implementation of Budget, Auditing and

Inspection; Articles 83, 86 and 87 EnCT).

The PHLG is a subsidiary body of the Ministerial Council. Pursuant to Article 53(a) EnCT, it

prepares the work of the Ministerial Council, including its agenda and acts to be adopted by

the Ministerial Council. The PHLG consists of one representative of each Contracting Party

and two representatives of the EU. The EU has one vote. Pursuant to Article 78 EnCT, the

PHLG may act only if two thirds of the Parties are represented. Abstentions in a vote do not

count as votes cast.

2.3. The envisaged acts of the Ministerial Council and the PHLG

The Ministerial Council, on 30 November 2026, and the PHLG, on 23 November 2026, will

each adopt a number of acts.

1 OJ L198 of 20.7.2006, p. 18. 2 OJ L198 of 20.7.2006, p. 15.

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The present Proposal for a Decision under Article 218(9) TFEU concerns the position to be

taken on the Union’s behalf with respect to the following envisaged acts of the Ministerial

Council, set out in Annex 1 to the proposed Council Decision:

(1) Decision 2026/XX/MC-EnC on the financial discharge of the Director of the

Secretariat of the Energy Community;

(2) Procedural Act 2026/XX/PA-EnC amending the Energy Community Staff

Regulations of 18 December 2007 as amended by Ministerial Council Procedural

Acts 2009/04/MC-EnC of 18 December 2009, 2022/02/MC-EnC of

15 December 2022 and 2024/01/MC-EnC of 19 February 2024 and amending

Procedural Act 2025/01/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;

(3) Procedural Act 2026/XX/PA-EnC on Administration of the Provident Fund;

(4) Decision 2026/XX/MC-EnC on the appointment of the Director of the Secretariat of

the Energy Community;

(5) Decisions under Article 91(1)(a) EnCT establishing the existence of a breach of the

EnCT in the following cases:

(a) Decision 2026/…/MC-EnC on the failure of Montenegro to comply with the

Energy Community Treaty in Case ECS-15/21;

(b) Decision 2026/…/MC-EnC on the failure of Bosnia and Herzegovina to

comply with the Energy Community Treaty in Case ECS-1/22;

(c) Decision 2026/…/MC-EnC on the failure of Serbia to comply with the Energy

Community Treaty in Case ECS-9/23;

(d) Decision 2026/…/MC-EnC on the failure of Bosnia and Herzegovina to

comply with the Energy Community Treaty in Case ECS-14/24;

(e) Decision 2026/…/MC-EnC on the failure of Georgia to comply with the

Energy Community Treaty in Case ECS-15/24;

(f) Decision 2026/…/MC-EnC on the failure of Kosovo* to comply with the

Energy Community Treaty in Case ECS-16/24;

(g) Decision 2026/…/MC-EnC on the failure of Serbia to comply with the Energy

Community Treaty in Case ECS-22/24;

(h) Decision 2026/…/MC-EnC on the failure of Serbia to comply with the Energy

Community Treaty in Case ECS-10/21;

(i) Decision 2026/…/MC-EnC on the failure of Kosovo* to comply with the

Energy Community Treaty in Case ECS-8/25;

(j) Decision 2026/…/MC-EnC on the failure of Bosnia and Herzegovina to

comply with the Energy Community Treaty in Case ECS-9/25;

(k) Decision 2026/…/MC-EnC on the failure of Bosnia and Herzegovina to

comply with the Energy Community Treaty in Case ECS-8/26;

(l) Decision 2026/…/MC-EnC on the failure of Georgia to comply with the

Energy Community Treaty in Case ECS-9/26;

(m) Decision 2026/…/MC-EnC on the failure of Kosovo* to comply with the

Energy Community Treaty in Case ECS-10/26;

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(n) Decision 2026/…/MC-EnC on the failure of North Macedonia to comply with

the Energy Community Treaty in Case ECS-11/26.

The present Proposal for a Decision under Article 218(9) TFEU concerns the position to be

adopted on the Union’s behalf with respect to the following envisaged acts of the PHLG, set

out in Annex 2 to the proposed Council Decision:

(6) Procedural Act 2026/XX/PHLG-EnC establishing guidelines defining the

procedure in case of urgency under Article 18(3) of Procedural Act 2015/04/MC-

EnC;

(7) Procedural Act 2026/XX/PHLG-EnC laying down rules for the organisation and

functioning of the Coordination Group for oil and petroleum products of the Energy

Community.

2.4. Other items on the agendas of the Permanent High Level Group and Ministerial

Council

For the sake of completeness, it is noted that, in addition to the envisaged acts set out in

Section 2.3, there will be several items on the agendas of the Permanent High Level Group

and of the Ministerial Council for voting, pursuant to Article 80 EnCT by the Contracting

Parties only:

(1) Decision 2026/XX/MC-EnC on a list of Projects of Energy Community

Interest (PECIs), based on Regulation (EU) 2022/869 of the European

Parliament and of the Council on guidelines for trans-European energy

infrastructure.

(2) Decision 2026/XX/MC-EnC on adapting and implementing Commission

delegated acts under Framework Regulation (EU) 2017/1369, as amended and

incorporated by Ministerial Council Decision 2018/03/MC-EnC:

(a) Commission Delegated Regulation (EU) 2023/2534 with regard to

energy labelling of household tumble dryers, repealing Regulation (EU)

392/2012 and introducing rescaled energy labels;

(b) Commission Delegated Regulation (EU) 2025/1353 amending

Commission Delegated Regulation (EU) 2023/2534 by introducing

repairability information and clarifying measurement, documentation and

verification procedures;

(c) Commission Delegated Regulation (EU) 2023/2048 correcting delegated

regulations with regard to air conditioners, light sources, refrigerating

appliances and refrigerating appliances with a direct sales function;

(d) Commission Delegated Regulation (EU) 2023/1669 establishing energy

labelling requirements for smartphones and slate tablets;

(e) Commission Delegated Regulation (EU) 2019/2018 with regard to

energy labelling of refrigerating appliances with a direct sales function,

as applicable following consolidated corrections and updates.

(3) Recommendation 2026/XX/MC-EnC on preparing for the implementation of

Commission Delegated Regulation (EU) 2024/1366 of 11 March 2024

supplementing Regulation (EU) 2019/943 of the European Parliament and of

the Council by establishing a network code on sector-specific rules for

cybersecurity aspects of cross-border electricity flows.

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(4) Procedural Act 2026/XX/MC-ECS on the recognition of voluntary schemes

and related matters in accordance with Directive 2018/2001 of the European

Parliament and of the Council of 11 December 2018 on the promotion of the

use of energy from renewable sources.

(5) Decision 2026/XX/MC-EnC on adapting to and adopting in the Energy

Community the Commission Implementing Acts laying down rules for the

application of Directive (EU) 2018/2001 of the European Parliament and of the

Council on the promotion of the use of energy from renewable sources,

adapted and adopted in the Energy Community by Ministerial Council

Decision 2021/14/MC-EnC:

(a) Commission Decision 2011/13/EU on certain types of information about

biofuels and bioliquids to be submitted by economic operators;

(b) Commission Delegated Regulation (EU) 2019/807 as regards the

determination of high indirect land-use change-risk feedstock for which a

significant expansion of the production area into land with high carbon

stock is observed and the certification of low indirect land-use change-

risk biofuels, bioliquids and biomass fuels;

(c) Commission Implementing Regulation (EU) 2022/2448 on

establishing operational guidance on the evidence

for demonstrating compliance with the sustainability criteria for forest

biomass laid down in Article 29 of Directive (EU) 2018/2001;

(d) Commission Delegated Regulation (EU) 2023/1184 establishing a

Union methodology setting out detailed rules for the production

of renewable liquid and gaseous transport fuels of non-biological origin;

(e) Commission Delegated Regulation (EU) 2023/1185 establishing a

minimum threshold for greenhouse gas emissions savings of recycled

carbon fuels and by specifying a methodology for assessing greenhouse

gas emissions savings from renewable liquid and gaseous transport fuels

of non-biological origin and from recycled carbon fuels;

(f) Commission Delegated Regulation (EU) 2023/1640 on

the methodology to determine the share of biofuel and biogas for

transport, produced from biomass being processed with fossil fuels in a

common process;

(g) Commission Delegated Regulation (EU) No 1307/2014 on defining the

criteria and geographic ranges of highly biodiverse grassland for the

purposes of Article 7b(3)(c) of Directive 98/70/EC of the European

Parliament and of the Council relating to the quality of petrol and diesel

fuels and Article 17(3)(c) of Directive 2009/28/EC of the European

Parliament and of the Council on the promotion of the use of energy from

renewable sources, as amended by Directive (EU) 2018/2001;

(h) Commission Decision 2010/335/EU on guidelines for the calculation of

land carbon stocks for the purpose of Annex V to Directive 2009/28/EC

of the European Parliament and of the Council on the promotion of the

use of energy from renewable sources, as amended by Directive (EU)

2018/2001;

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(i) Commission Implementing Regulation (EU) 2022/996 on rules to verify

sustainability and greenhouse gas emissions saving criteria and low

indirect land-use change-risk criteria in accordance with Article 29(2)

and (7) of Directive (EU) 2018/2001;

(j) Commission Delegated Directive (EU) 2024/1405 amending Annex IX

to Directive (EU) 2018/2001 as regards adding feedstock for the

production of biofuels and biogas.

(6) Decision 2026/XX/PHLG-EnC amending Regulation (EC) No 715/2009 on

conditions for access to the natural gas transmission networks as amended at

EU level by Commission Decisions (EU) 2012/490 and 2015/715, as adapted

and adopted by Ministerial Council Decision 2011/02/MC-EnC of

6 October 2011, and by Permanent High Level Group Decision

2018/01/PHLG-EnC of 12 January 2018 and by Ministerial Council Decision

2022/01/MC-EnC of 30 September 2022, and amending Commission

Regulation (EU) 2017/459 on establishing a network code on capacity

allocation mechanisms in gas transmission systems and repealing Regulation

(EU) 984/2013, as adapted and adopted by Permanent High Level Group

Decision 2018/06/PHLG-EnC of 28 November 2018, and amending

Commission Regulation (EU) 703/2015 establishing a network code on

interoperability and data exchange rules, as adapted and adopted by Permanent

High Level Group Decision 2018/02/PHLG-EnC of 12 January 2018.

The Commission intends to support the adoption of those items.

3. POSITION TO BE TAKEN ON THE UNION’S BEHALF

3.1. Decision 2026/XX/MC-EnC on the financial discharge of the Director of the

Secretariat of the Energy Community

The proposed draft Decision provides for the financial discharge for 2025 on the basis of the

Audit Report for the year ended 31 December 2025, the auditors’ statement of assurance and

the Budget Committee Report.

The position to be taken on behalf of the Union in the Ministerial Council should be to

approve the draft Decision on the Financial Discharge of the Director of the Secretariat of the

Energy Community.

3.2. Procedural Act 2026/PA/XX/MC-EnC amending the Energy Community Staff

Regulations of 18 December 2007 as amended by Ministerial Council

Procedural Acts 2009/04/MC-EnC of 18 December 2009, 2022/02/MC-EnC of

15 December 2022 and 2024/01/MC-EnC of 19 February 2024 and amending

Procedural Act 2025/01/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 establishment of a jointly funded scheme (‘the Provident Fund’) between the Energy

Community Secretariat and its staff members to ensure against employment-related risks

and/or prepare for retirement, the rules governing the maximum duration of the mandates of

the Director of the Energy Community Secretariat, and their annual appraisal and

probationary period, require consequential amendments of the Staff Regulations of the Energy

Community Secretariat. The establishment of the Provident Fund also requires the

amendment of the biennial budget of the Energy Community for the years 2026-2027 to

reflect the assignment of appropriations within the budget within the Human Resources

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envelope. The total amount of this envelope and the biennial budget 2026-2027 remains

unchanged.

3.3. Procedural Act 2026/PA/XX/MC-EnC on administration of the Provident Fund

The Procedural Act establishes the rules for administration of the jointly funded scheme (‘the

Provident Fund’) between the Energy Community Secretariat and its staff members, aimed at

accumulating contributions throughout employment and disbursing them upon departure or

under specific conditions. The administration of the Provident Fund should be conducted with

transparency, accountability and proper internal controls, in accordance with the existing

Energy Community financial rules and regulations, under the overall responsibility of the

Director and the Head of the Administrative and Finance Unit. The Provident Fund should

benefit all Energy Community Secretariat staff members as defined in the Staff Regulations

and subject to these rules.

Contributions by the Secretariat to the Provident Fund should be subject to the assignment of

appropriations in the biennial budget in accordance with the existing Energy Community

financial rules and regulations. The establishment of the Provident Fund will take effect

retroactively on 1 January 2026 and apply to all staff members with a valid employment

agreement at the time of entry into force.

3.4. Procedural Act 2026/XX/MC-EnC on the appointment of the Director of the

Secretariat of the Energy Community

In view of the open and competitive selection procedure carried out by the Commission, the

position to be taken on behalf of the Union in the Ministerial Council of the Energy

Community should be to approve the draft Procedural Act of the Ministerial Council

appointing Mr. Artur Lorkowski as the Director of the Energy Community Secretariat as of

1 December 2026.

The appointment is set out in Commission Decision C(2026) 6183 of 7 September 2026 on

establishing a proposal to be submitted by the Commission to the Ministerial Council of the

Energy Community for a Procedural Act of the Ministerial Council on the appointment of the

Director of the Energy Community Secretariat, C(2026) XXXX final.

3.5. Decisions under Article 91(1)(a) EnCT establishing the existence of a breach of

the EnCT in the following cases

Pursuant to Article 91(1)(a) EnCT, the Ministerial Council may determine, by simple

majority, the existence of a breach by a Party of its obligations under Title II of the EnCT,

concerning the transposition and/or implementation of an act adopted by the Energy

Community bodies. The dispute settlement procedure is set out in Title III, Chapter 1, and

Title IV, Chapter 1, of the Rules of Procedure on dispute settlement under the EnCT3.

Several of these cases were previously subject to the Council EU’s position but were not

submitted for a vote at the Ministerial Council. Accordingly, some cases are included again in

this Proposal for an EU position.

3 Procedural Act 2008/01/MC-EnC on Rules of Procedure for dispute settlement under Treaty as

amended by Procedural Act 2015/04/MC-EnC of 16 October 2015 on amending Procedural Act

2008/01/MC-EnC of 27 June 2008 on Rules of Procedure for dispute settlement under the Treaty.

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3.5.1. Cases concerning breaches of obligations related to Council Directive 2009/119/EC

Three draft Decisions related to the transposition of the Council Directive 2009/119/EC4 on

oil stocks by five Contracting Parties are submitted to the Ministerial Council for adoption:

(a) Decision 2024/…/MC-EnC on the failure of Bosnia and Herzegovina to comply with

the Energy Community Treaty in Case ECS-14/24;

(b) Decision 2024/…/MC-EnC on the failure of Georgia to comply with the Energy

Community Treaty in Case ECS-15/24;

(c) Decision 2024/…/MC-EnC on the failure of Kosovo* to comply with the Energy

Community Treaty in Case ECS-16/24.

With regard to those cases, and pursuant to 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, Article 2(2) and Annex points (j), (k) and (l),

the position to be taken on behalf of the Union in the Ministerial Council should be to approve

the draft Decision.

In all the above cases the Advisory Committee of the Energy Community has delivered its

positive opinion.

3.5.2. Case concerning breaches of obligations related to Regulation (EU) 2017/1938 and

Regulation (EU) 2022/1032

One draft Decision related to the transposition of Regulation (EU) 2017/19385 concerning

measures to safeguard the security of gas supply (‘Regulation (EU) 2017/1938’) and

Regulation (EU) 2022/10326 amending Regulations (EU) 2017/1938 and (EC) No 715/2009

with regard to gas storage (‘Regulation (EU) 2022/1032’), respectively, by Serbia is

submitted to the Ministerial Council for adoption:

(a) Decision 2024/…/MC-EnC on the failure of Serbia to comply with the Energy

Community Treaty in Case ECS-22/24

With regard to this case, and pursuant to 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, Article 2(2) and Annex point (p), the position

to be taken on behalf of the Union in the Ministerial Council should be to approve the draft

Decision.

The Advisory Committee of the Energy Community has delivered its positive opinion.

3.5.3. Cases concerning breaches of obligations related to Directive 2001/80/EC

Directive 2001/80/EC has formed part of the Energy Community environmental acquis since

the Treaty was signed in 2005. The purpose of that Directive is to combat air pollution by

reducing emissions of sulphur dioxide (SO2), nitrogen oxides (NOx) and dust from large

combustion plants. Pursuant to point 3 of Annex II to the Treaty, each Contracting Party was

required to implement Directive 2001/80/EC by 31 December 2017. On 14 October 2016, the

4 Council Directive 2009/119/EC of 14 September 2009 imposing an obligation on Member States to

maintain minimum stocks of crude oil and/or petroleum products, OJ L 265, 9.10.2009, p. 9. 5 Regulation (EU) 2017/1938 of the European Parliament and of the Council of 25 October 2017

concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No

994/2010, OJ L 280, 28.10.2017, p. 1. 6 Regulation (EU) 2022/1032 of the European Parliament and of the Council of 29 June 2022 amending

Regulations (EU) 2017/1938 and (EC) No 715/2009 with regard to gas storage, OJ L 173, 30.6.2022, p.

17.

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Ministerial Council adopted Decision 2016/19/MC-EnC on authorising exemptions of plants

from compliance with the emission limit values set by Directive 2001/80/EC. As stipulated in

its Article 1(1), that Decision lists the plants that may be exempted from compliance with the

emission limit values, thereby complementing the opt-out rules for the purposes of the Energy

Community.

The following four draft Decisions related to non-compliance by Montenegro, Bosnia and

Herzegovina, and Serbia with Directive 2001/80/EC, are submitted to the Ministerial Council

for adoption:

(a) Decision 2026/…/MC-EnC on the failure of Montenegro to comply with the Energy

Community Treaty in Case ECS-15/21

TPP Pljevlja in Montenegro is included in the opt-out list established by Decision

2016/19/MC-EnC. Following the expiry of the implementation deadline for Directive

2001/80/EC in the Energy Community, the Energy Community Secretariat requested the

Contracting Parties concerned by Decision 2016/19/MC-EnC to confirm whether the plants in

question had started to operate under the opt-out regime. In response to a letter sent by the

Secretariat on 15 February 2018, Montenegro confirmed the start of the opt-out for TPP

Pljevlja in its letter dated 27 February 2018. In the same letter, Montenegro also informed the

Energy Community Secretariat that it had started reconstructing the plant with a view to

complying with the emission limit values set out in Part 2 of Annex V to Directive

2010/75/EU and with the conclusions on the best available techniques for large combustion

plants, as set out in Commission Implementing Decision (EU) 2017/1442 of 31 July 2017. To

this day, the refurbishment project that would have ensured compliance with Directive

2010/75/EU has not yet been finalised. Therefore, Montenegro remains non-compliant with

the condition set out in Article 4(4) of Directive 2001/80/EC, i.e. undertaking not to operate

large combustion plants for more than 20 000 operational hours starting from 1 January 2018

and ending no later than 31 December 2023 unless their emissions are in line with the limit

values stipulated in Part 2 of Annex V to Directive 2010/75/EU, as expressed in the reasoned

opinion of 13 July 2023. This is confirmed by the Advisory Committee’s opinion of

27 November 2024, which supported the Energy Community Secretariat’s findings.

The position to be taken on behalf of the European Union in the Ministerial Council should be

to approve the draft Decision.

(b) Decision 2026/…/MC-EnC on the failure of Bosnia and Herzegovina to comply with

the Energy Community Treaty in Case ECS-1/22

TPPs Tuzla 4 and Kakanj 5, both thermal power plants in Bosnia and Herzegovina, were

included in the opt-out list established by Decision 2016/19/MC-EnC. However, these plants

remain active while not respecting conditions set out in Article 4(4) of Directive 2001/80/EC,

i.e. undertaking not to operate large combustion plants for more than 20 000 operational hours

starting from 1 January 2018 and ending no later than 31 December 2023. Following the

expiry of this period, plants subject to Article 4(4) of Directive 2001/80/EC can only remain

in operation if their emissions are in line with the limit values stipulated in Part 2 of Annex V

to Directive 2010/75/EU. On 7 October 2022, the Energy Community Secretariat sent an

opening letter to Bosnia and Herzegovina to address the non-compliance with the Directive,

followed by a reasoned opinion on 30 March 2026. On 9 June 2026, Bosnia and Herzegovina

sent a reply to the reasoned opinion. However, it is considered not to provide sufficient

evidence of developments or arguments that would dispel the concerns raised in the opening

letter and concluded in the reasoned opinion. Therefore, a reasoned request is submitted to the

Ministerial Council.

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The position to be taken on behalf of the Union in the Ministerial Council should be to

approve the draft Decision, provided that the Advisory Committee of the Energy Community

delivers an opinion supporting the findings of the Energy Community Secretariat in a timely

fashion, i.e. prior to the meeting of the Ministerial Council.

(c) Decision 2026/…/MC-EnC on the failure of Serbia to comply with the Energy

Community Treaty in Case ECS-9/23

TPP Morava, one of four thermal power plants in Serbia, was included in the opt-out list

established by Decision 2016/19/MC-EnC. However, the plant remains active while not

respecting conditions set out in Article 4(4) of Directive 2001/80/EC, i.e. undertaking not to

operate large combustion plants for more than 20 000 operational hours starting from

1 January 2018 and ending no later than 31 December 2023. Following the expiry of this

period, plants subject to Article 4(4) of Directive 2001/80/EC can only remain in operation if

their emissions are in line with the limit values stipulated in Part 2 of Annex V to Directive

2010/75/EU. On 20 October 2023, the Energy Community Secretariat sent an opening letter

to Serbia to address the non-compliance with the Directive, followed by a reasoned opinion

on 30 March 2026. On 29 May 2026, Serbia sent a reply to the reasoned opinion. However, it

did not provide sufficient evidence of developments or arguments that would dispel the

concerns raised in the opening letter and concluded in the reasoned opinion. Therefore, a

reasoned request is submitted to the Ministerial Council.

The position to be taken on behalf of the Union in the Ministerial Council should be to

approve the draft Decision, provided that the Advisory Committee of the Energy Community

delivers an opinion supporting the findings of the Energy Community Secretariat in a timely

fashion, i.e. prior to the meeting of the Ministerial Council.

(d) Decision 2026/…/MC-EnC on the failure of Serbia to comply with the Energy

Community Treaty in Case ECS-10/21

On 16 March 2021, the Energy Community Secretariat sent an opening letter to Serbia to

address the non-compliance with the emission ceilings of the National Emission Reduction

Plan (NERP) for the reporting years 2018 and 2019. The Energy Community Secretariat

preliminarily concluded that the large combustion plants operating in the Contracting Party

under the NERP had failed to meet one or more of the emission ceilings established for

sulphur dioxide, nitrogen oxides and dust. The Directive requires operators of large

combustion plants to significantly reduce the emissions of the air pollutants listed above,

whereas NERPs are an instrument to comply with the provisions of the Directive. The

opening letter was followed by a reasoned opinion on 28 July 2025. This was due to the

persistent breach of the ceiling for sulphur dioxide since the opening of the case and of the

ceiling for nitrogen oxides. These breaches were first observed in the 2023 reporting year and

continued in the 2024 reporting year. Despite Serbia’s submission on 28 October 2025 of a

reply to the reasoned opinion, the concerns are considered not to have been dispelled.

Therefore, a reasoned request is submitted to the Ministerial Council.

The position to be taken on behalf of the Union in the Ministerial Council should be to

approve the draft Decision, provided that the Advisory Committee of the Energy Community

delivers an opinion supporting the findings of the Energy Community Secretariat in a timely

fashion, i.e. prior to the meeting of the Ministerial Council.

3.5.4. Cases concerning breaches of obligations related to Regulation 2018/1999/EU

In 2021, the Regulation on Governance of the Energy Union and Climate Action was

incorporated and adapted by the Ministerial Council Decision 2021/14/MC-EnC of

30 November 2021 in the Energy Community acquis communautaire and amending Annex I

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of the Treaty and amended by the Ministerial Council Decision 2022/02/MC-EnC of

15 December 2022.

The following two draft Decisions related to non-compliance by Kosovo* and Bosnia and

Herzegovina, are submitted to the Ministerial Council for adoption:

(a) Decision 2026/…/MC-EnC on the failure of Kosovo* to comply with the Energy

Community Treaty in Case ECS-8/25

On 11 November 2025, the Energy Community Secretariat sent an opening letter to Kosovo*

to address its breach of the Governance Regulation, Article 3(1), i.e. its failure to notify the

Energy Community Secretariat of its final National Energy and Climate Plan (NECP). As the

breach persisted, a reasoned opinion was issued on 31 March 2026 for failure to comply with

the Regulation. On 29 May 2026, Kosovo* submitted a reply to the reasoned opinion,

providing information on the facts of the case and the current state of compliance, in which

the breach of its obligations is not contested. Since, to date, a notification of the NECP by

Kosovo* has not been received, a reasoned request is submitted to the Ministerial Council.

The position to be taken on behalf of the Union in the Ministerial Council should be to

approve the draft Decision, provided that the Advisory Committee of the Energy Community

delivers an opinion supporting the findings of the Energy Community Secretariat in a timely

fashion, i.e. prior to the meeting of the Ministerial Council.

(b) Decision 2026/…/MC-EnC on the failure of Bosnia and Herzegovina to comply with

the Energy Community Treaty in Case ECS-9/25

On 11 November 2025, the Energy Community Secretariat sent an opening letter to Bosnia

and Herzegovina to address its breach of the Governance Regulation, Article 3(1), i.e. its

failure to notify the Energy Community Secretariat of its final National Energy and Climate

Plan (NECP). As the breach persisted, a reasoned opinion was issued on 31 March 2026 for

failure to comply with the Regulation.

On 9 June 2026, Bosnia and Herzegovina submitted a reply to the reasoned opinion,

providing information on the facts of the case and the current state of compliance, in which

the breach of its obligations is not contested. Since, to date, a notification of the NECP by

Bosnia and Herzegovina has not been received, a reasoned request is submitted to the

Ministerial Council.

The position to be taken on behalf of the Union in the Ministerial Council should be to

approve the draft Decision, provided that the Advisory Committee of the Energy Community

delivers an opinion supporting the findings of the Energy Community Secretariat in a timely

fashion, i.e. prior to the meeting of the Ministerial Council.

3.5.5. Cases concerning breaches of obligations for monitoring and reporting of greenhouse

gas emissions (MRVA) pursuant to Commission lmplementing Regulation (EU)

2018/2066, Directive 2003/87/EC and amending Commission Regulation (EU)

601/2012, Commission lmplementing Regulation (EU) 2018/206 and Directive

2003/87/EC

In 2022, the framework for monitoring and verifying greenhouse gas emissions under the EU

Emissions Trading System was adapted by Ministerial Council Decision 2022/05/MC-EnC of

15 December 2022 and incorporated into EU law on the Energy Community and into an

amendment of Annex I to the Energy Community Treaty. This concerned, in particular,

Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the

monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC and

amending Commission Regulation (EU) 601/2012, Commission Implementing Regulation

EN 11 EN

(EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of

verifiers pursuant to Directive 2003/87/EC and Directive 2003/87/EC of 13 October 2003

establishing a scheme for greenhouse gas emission allowance trading within the Community

and amending Council Directive 96/61/EC.

The following four draft Decisions related to non-compliance by Bosnia and Herzegovina,

Georgia, Kosovo* and North Macedonia are submitted to the Ministerial Council for

adoption:

(a) Decision 2026/…/MC-EnC on the failure of Bosnia and Herzegovina to comply with

the Energy Community Treaty in Case ECS-08/26

On 17 April 2026, the Energy Community Secretariat sent an opening letter to Bosnia and

Herzegovina to address the failure to communicate the provisions of national law transposing

Commission Implementing Regulation (EU) 2018/2066, Commission Implementing

Regulation (EU) 2018/2067 and Directive 2003/87/EC. As Bosnia and Herzegovina did not

respond and did not dispel the concerns, it is proposed that a reasoned opinion be issued.

The position to be taken on behalf of the Union in the Ministerial Council should be to

approve the draft Decision, provided that the Advisory Committee of the Energy Community

delivers an opinion supporting the findings of the Energy Community Secretariat in a timely

fashion, i.e. prior to the meeting of the Ministerial Council.

(b) Decision 2026/…/MC-EnC on the failure of Georgia to comply with the Energy

Community Treaty in Case ECS-09/26

On 17 April 2026, the Energy Community Secretariat sent an opening letter to Georgia to

address the failure to communicate the provisions of national law transposing Commission

Implementing Regulation (EU) 2018/2066, Commission Implementing Regulation (EU)

2018/2067 and Directive 2003/87/EC. On 4 May 2026, the Ministry of Economy and

Sustainable Development of Georgia replied to the Energy Community Secretariat’s

assessment, which was not disputed. As the information and the legal arguments provided in

the reply do not dispel the concerns raised, it is proposed that a reasoned opinion be issued.

The position to be taken on behalf of the Union in the Ministerial Council should be to

approve the draft Decision, provided that the Advisory Committee of the Energy Community

delivers an opinion supporting the findings of the Energy Community Secretariat in a timely

fashion, i.e. prior to the meeting of the Ministerial Council.

(c) Decision 2026/…/MC-EnC on the failure of Kosovo* to comply with the Energy

Community Treaty in Case ECS-10/26

On 17 April 2026, the Energy Community Secretariat sent an opening letter to Kosovo* to

address the failure to communicate the provisions of national law transposing Commission

Implementing Regulation (EU) 2018/2066, Commission Implementing Regulation (EU)

2018/2067 and Directive 2003/87/EC. On 4 May 2026, Kosovo* replied to the Energy

Community Secretariat’s assessment, which was not disputed. As the information and the

legal arguments provided in the reply do not dispel the concerns raised, it is proposed that a

reasoned opinion be issued.

The position to be taken on behalf of the Union in the Ministerial Council should be to

approve the draft Decision, provided that the Advisory Committee of the Energy Community

delivers an opinion supporting the findings of the Energy Community Secretariat in a timely

fashion, i.e. prior to the meeting of the Ministerial Council.

(d) Decision 2026/…/MC-EnC on the failure of North Macedonia to comply with the

Energy Community Treaty in Case ECS-11/26

EN 12 EN

On 17 April 2026, the Energy Community Secretariat sent an opening letter to North

Macedonia to address the failure to communicate the provisions of national law transposing

Commission Implementing Regulation (EU) 2018/2066, Commission Implementing

Regulation (EU) 2018/2067 and Directive 2003/87/EC. On 13 May 2026, North Macedonia

replied to the Energy Community Secretariat’s assessment, which was not disputed. As the

information and the legal arguments provided in the reply do not dispel the concerns raised, it

is proposed that a reasoned opinion be issued.

The position to be taken on behalf of the Union in the Ministerial Council should be to

approve the draft Decision, provided that the Advisory Committee of the Energy Community

delivers an opinion supporting the findings of the Energy Community Secretariat in a timely

fashion, i.e. prior to the meeting of the Ministerial Council.

3.6. Procedural Act 2026/PA/XX/PHLG-EnC establishing guidelines defining the

procedure in case of urgency under Article 18(3) of Procedural Act

2015/04/MC-EnC

The proposed draft Procedural Act on guidelines defining the procedure in case of urgency

under Article 18(3) of Procedural Act 2015/04/MC-EnC lays down the conditions and

principles governing the use of an urgency procedure by the Permanent High Level Group in

dispute settlement cases. It does not provide for a different, parallel dispute settlement

procedure in case of urgency. It establishes guidelines determining the criteria for urgency,

the procedure in cases of urgency, as well as the scope and limits of the interim measures.

Such interim measures may be necessary in order to prevent serious and irreparable damage.

They may be imposed by the Permanent High Level Group in order to preserve the status

quo until the Ministerial Council has reached a decision on the substance. The interim

measures must be limited in time, suitable, necessary and proportionate.

In view of the need for the PHLG to take decisions on interim measures in accordance with

the guidelines adopted pursuant to Article 18(3) of Procedural Act 2015/04/MC-EnC at short

notice, the proposed Union position also provides for the Commission to be authorised to

express the Union position and vote on its behalf within the PHLG. The Commission should

transmit to the Council, or to its preparatory bodies, in sufficient time before the relevant

PHLG meeting, a written document setting out the position to be expressed on behalf of the

Union. The Commission should inform the Council immediately after the adoption of any

PHLG decision imposing interim measures.

3.7. Procedural Act 2026/PA/XX/PHLG-EnC on the functioning of the Coordination

Group for Oil and Petroleum Products

The proposed draft Procedural Act establishes the composition, tasks and functioning of the

Coordination Group, established in accordance with Directive 2009/119/EC. The

Coordination Group should contribute to analysing the situation within the Energy

Community with regard to security of supply for oil and petroleum products and facilitate the

coordination and implementation of measures in that field. The European Commission chairs

the Group together with the Energy Community Secretariat, and EU Member States may,

under the coordination of the European Commission, participate in the Coordination Group

with regard to all matters with which they are concerned. Terms of Reference for the

Coordination Group should be established by the Permanent High Level Group, complying

with Commission Decision C(2016) 3301.

4. LEGAL BASIS

(a) Procedural legal basis

EN 13 EN

(1) Principles

Article 218(9) TFEU provides for decisions establishing ‘the positions to be adopted on the

Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts

having legal effects, with the exception of acts supplementing or amending the institutional

framework of the agreement’.

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the

rules of international law governing the body in question. It also includes instruments that do

not have a binding effect under international law but that are ‘capable of decisively

influencing the content of the legislation adopted by the EU legislature’7.

(2) Application to the present case

The Ministerial Council is a body set up by an agreement, namely the EnCT.

The acts which the Ministerial Council is called upon to adopt constitute acts having legal

effects. The envisaged acts will be binding under international law in accordance with Article

76 EnCT, pursuant to which a decision is legally binding upon those to whom it is addressed.

The envisaged acts do not supplement or amend the institutional framework of the

Agreement.

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.

(b) Substantive legal basis

(1) Principles

The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on

the objective and content of the envisaged act in respect of which a position is taken on the

Union’s behalf. If the envisaged act pursues two aims or has two components and if one of

those aims or components is identifiable as the main one, whereas the other is merely

incidental, the decision under Article 218(9) TFEU must be founded on a single substantive

legal basis, namely that required by the main or predominant aim or component.

(2) Application to the present case

The main objective and content of the envisaged acts relate to energy, and they are not

primarily of a fiscal nature. Therefore, the substantive legal basis of the proposed decision is

Article 194(2) TFEU.

(c) Conclusion

The legal basis of the proposed decision should be Article 194(2) TFEU, in conjunction with

Article 218(9) TFEU.

7 Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12,

ECLI:EU:C:2014:2258, paragraphs 61 to 64.

EN 14 EN

2026/0341 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union in the Permanent High

Level Group and the Ministerial Council of the Energy Community (Vienna, Austria, 23

and 30 November 2026)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular

Article 194(2), 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 means

of Council Decision 2006/500/EC1 and entered into force on 1 July 2006.

(2) Pursuant to Articles 47 and 76 of the Treaty, the Ministerial Council is able to adopt

Measures taking the form of a Decision or a Recommendation.

(3) The Permanent High Level Group, at its session on 23 November, and the Ministerial

Council, at its 24th session on 30 November 2026, is to adopt a number of acts set out

in the Annexes to this Decision, which fall within the scope of Article 218(9) TFEU

and on which representatives of the Union are to vote.

(4) The Treaty aims to create a stable regulatory and market framework and a single

regulatory space for trade in network energy by implementing the agreed parts of the

Union acquis on energy in the non-Union Parties. The purpose of the envisaged acts is

to facilitate the achievement of the objectives of the Treaty.

(5) It is appropriate to establish the position to be taken on the Union’s behalf in the

Ministerial Council regarding acts set out in the Annex, as the envisaged acts will have

legal effects for the Union.

(6) Should the Ministerial Council not be in a position to adopt the decisions at its

meeting on 30 November 2026, it should be possible to adopt such decisions by

correspondence following the 24th session of the Ministerial Council, in accordance

with the Rules of Procedure of the Energy Community, without this requiring a further

decision of the Council, or at the next Ministerial Council’s meeting in 2027,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf at the 24th session of the Ministerial Council

on 30 November 2026 regarding the issues falling within the scope of Article 218(9) TFEU is

to approve the adoption of the acts set out in Annex 1 to this Decision.

1 OJ L198 of 20.7.2006, p. 15

EN 15 EN

Article 2

The position to be taken on the Union’s behalf in the Permanent High Level Group on

23 November 2026 regarding the issues falling within the scope of Article 218(9) TFEU is to

approve the adoption of the acts set out in Annex 2 to this Decision.

Article 3

Minor changes to the position set out in Article 1 may be agreed to the acts set out in the

Annexes to this Decision, in the light of comments from the Energy Community Contracting

Parties before or at the Ministerial Council, by the Commission, without a further decision of

the Council.

Article 4

Should the Ministerial Council not be in a position to adopt the acts set out in the Annex at its

meeting on 30 November 2026, such acts may be adopted by correspondence following the

24th session of the Ministerial Council, in accordance with the Rules of Procedure of the

Energy Community, or at the next meeting of the Ministerial Council in 2027.

Article 5

The Commission shall be authorised to express the Union position and vote on its behalf

within the Permanent High Level Group as regards decisions on interim measures taken in

accordance with the guidelines adopted pursuant to Article 18(3) of Procedural Act

2015/04/MC-EnC. The Commission shall transmit to the Council, or to its preparatory bodies,

in sufficient time before the relevant Permanent High Level Group meeting, a written

document setting out the position to be expressed on behalf of the Union. The Commission

shall inform the Council immediately after the adoption of any Permanent High Level Group

decision imposing interim measures.

Article 6

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

Done at Brussels,

For the Council

The President

EN EN

EUROPEAN COMMISSION

Brussels, 30.10.2026 COM(2026) 593 final

ANNEXES 1 to 2

ANNEXES

to the

Proposal for a Council Decision

on the position to be taken on behalf of the European Union in the Permanent High

Level Group and the Ministerial Council of the Energy Community (Vienna, Austria, 23

and 30 November 2026)

EN 1 EN

ANNEX 1

MINISTERIAL COUNCIL OF THE ENERGY COMMUNITY

1. DECISION OF THE MINISTERIAL COUNCIL 2026/XX/MC-ENC: ON THE DISCHARGE OF

THE DIRECTOR OF THE SECRETARIAT

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 1 to this Annex.

2. PROCEDURAL ACT OF THE MINISTERIAL COUNCIL 2026/XX/MC-ENC AMENDING THE

ENERGY COMMUNITY STAFF REGULATIONS OF 18 DECEMBER 2007 AS AMENDED

BY MINISTERIAL COUNCIL PROCEDURAL ACTS 2009/04/MC-ENC OF

18 DECEMBER 2009, 2022/02/MC-ENC OF 15 DECEMBER 2022 AND 2024/01/MC-

ENC OF 19 FEBRUARY 2024 AND AMENDING PROCEDURAL ACT 2025/01/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 taken on behalf of the Union in the Ministerial Council should be to

approve the draft Procedural Act amending the Staff Regulations of the Energy Community

Secretariat and the budget of the Energy Community for the years 2026-2027 in accordance

with Addendum 2 to this Annex.

3. PROCEDURAL ACT OF THE MINISTERIAL COUNCIL 2026/XX/MC-ENC ON

ADMINISTRATION OF THE PROVIDENT FUND

The position to be taken on behalf of the Union in the Ministerial Council should be to

approve the draft Procedural Act on Administration of the Provident Fund in accordance with

Addendum 3 to this Annex.

4. PROCEDURAL ACT 2026/XX/MC-ENC OF THE MINISTERIAL COUNCIL: ON THE

APPOINTMENT OF THE DIRECTOR OF THE ENERGY COMMUNITY SECRETARIAT

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 Appointment of the Director

of the Energy Community Secretariat in accordance with Addendum 4 to this Annex and as

outlined in Commission Decision C(2026) 6183 final.

5. DECISIONS UNDER ARTICLE 91(1)(A) OF THE TREATY ESTABLISHING THE

ENERGY COMMUNITY ESTABLISHING THE EXISTENCE OF A BREACH

OF THAT TREATY IN THE FOLLOWING 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, in a timely fashion, a prior opinion supporting the findings of

the Energy Community Secretariat establishing the existence of a breach in:

(a) Decision 2026/…/MC-EnC on the failure of Bosnia and Herzegovina to comply

with the Energy Community Treaty in Case ECS-1/22;

(b) Decision 2026/…/MC-EnC on the failure of Serbia to comply with the Energy

Community Treaty in Case ECS-9/23;

EN 2 EN

(c) Decision 2026/…/MC-EnC on the failure of Bosnia and Herzegovina to comply

with the Energy Community Treaty in Case ECS-14/24;

(d) Decision 2026/…/MC-EnC on the failure of Georgia to comply with the Energy

Community Treaty in Case ECS-15/24;

(e) Decision 2026/…/MC-EnC on the failure of Kosovo* to comply with the Energy

Community Treaty in Case ECS-16/24;

(f) Decision 2026/…/MC-EnC on the failure of Moldova to comply with the Energy

Community Treaty in Case ECS-17/24;

(g) Decision 2026/…/MC-EnC on the failure of Serbia to comply with the Energy

Community Treaty in Case ECS-22/24;

(h) Decision 2026/…/MC-EnC on the failure of Serbia to comply with the Energy

Community Treaty in Case ECS-10/21;

(i) Decision 2026/…/MC-EnC on the failure of Kosovo* to comply with the Energy

Community Treaty in Case ECS-8/25;

(j) Decision 2026/…/MC-EnC on the failure of Bosnia and Herzegovina to comply

with the Energy Community Treaty in Case ECS-9/25;

(k) Decision 2026/…/MC-EnC on the failure of Bosnia and Herzegovina to comply

with the Energy Community Treaty in Case ECS-8/26;

(l) Decision 2026/…/MC-EnC on the failure of Georgia to comply with the Energy

Community Treaty in Case ECS-9/26;

(m) Decision 2026/…/MC-EnC on the failure of Kosovo* to comply with the Energy

Community Treaty in Case ECS-10/26;

(n) Decision 2026/…/MC-EnC on the failure of North Macedonia to comply with the

Energy Community Treaty in case ECS-11/26.

ADDENDUM 1 TO ANNEX 1

DECISION 2026/XX/MC-EnC

OF THE MINISTERIAL COUNCIL OF THE ENERGY COMMUNITY

ON THE DISCHARGE OF THE DIRECTOR OF THE SECRETARIAT

The Ministerial Council of the Energy Community,

Having regard to Procedural Act 2024/06/MC-EnC adopted on 19 February 2024 on

establishing Energy Community Procedures for the Establishment and Implementation of

Budget, Auditing and Inspection, in particular Article 83 thereof,

Having examined the Report on the Audit of the Financial Statements of the Energy

Community for the year ended 31 December 2025 as well as the auditors’ statement of

assurance,

Taking account of the observations of the Budget Committee and the relevant report,

EN 3 EN

HAS DECIDED AS FOLLOWS:

Article 1

The current Director, Mr Artur Lorkowski of the Secretariat, is discharged from his

management and administrative responsibility in respect of the budget for the period 1 January –

31 December, 2025.

Article 2

This Decision enters into force on the day of its adoption.

Done in Vienna on 30 November 2026.

For the Ministerial Council

………………………………

Presidency

ADDENDUM 2 TO ANNEX 1

PROCEDURAL ACT 2026/XX/MC-ENC

OF THE MINISTERIAL COUNCIL OF THE ENERGY COMMUNITY

amending the Energy Community Staff Regulations of 18 December 2007, as amended

by Ministerial Council Procedural Acts 2009/04/MC-EnC of 18 December 2009,

2022/02/MC-EnC of 15 December 2022 and 2024/01/MC-EnC of 19 February 2024, and

amending Procedural Act 2025/PA/01/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 MINISTERIAL COUNCIL OF THE ENERGY COMMUNITY,

Having regard to the Treaty establishing the Energy Community, and in particular Articles

69, 82, 83 and 87 thereof,

Whereas the Staff Regulations shall be amended to provide greater clarity as regards the

procedure governing the Director’s mandate, appraisal and appointment,

Whereas the establishment of the Provident Fund shall be based on the Staff Regulations,

Whereas the budget of the Energy Community for the years 2026-2027 is to be amended

to reflect the establishment of the Provident Fund,

Having regard to the proposal made by the Secretariat,

HAS ADOPTED THIS PROCEDURAL ACT:

EN 4 EN

Article 1

amending the Energy Community Staff Regulations of 18 December 2007 as amended

by Ministerial Council Procedural Acts 2009/04/MC-EnC of 18 December 2009,

2022/02/MC-EnC of 15 December 2022 and 2024/01/MC-EnC of 19 February 2024

1. Section 4.1, first subparagraph, shall be amended to read as follows:

‘The Director shall be appointed by a Procedural Act of the Ministerial Council, as provided

for in Article 69 of the Treaty, and according to the Rules of Recruitment, Working

Conditions and Geographical Equilibrium of the Secretariat’s Staff. This Procedural Act shall

be proposed by the European Commission for a fixed term of five years renewable no more

than once. The total duration of all terms served by a Director – whether through renewal or a

separate selection process – cannot exceed 10 years.’

2. Section 4.8 c) (‘Performance appraisal/staff dialogues’) shall be amended to read as

follows:

‘In the first quarter of each calendar year, the Director shall be subject to an annual

performance appraisal. The objective of the annual appraisal is to assess the Director’s

competence, efficiency and conduct in the service and to adjust the Job Description, as need

be. A representative of the Contracting Party holding the Presidency of the Ministerial

Council in the year preceding the assessment, as well as a representative of the European

Commission, shall act as reporting officers. The Director shall establish a self-assessment by

31 January of the following year, which is subsequently discussed with the two reporting

officers. Within four weeks, the reporting officers shall draw up a report, which shall be

notified in writing to the Director, and its executive summary shall be circulated for

information to the Ministerial Council. In case of disagreement with the report, the Director

may ask the Presidency of the Ministerial Council to reconsider it. The Presidency must duly

motivate its opinion to reconsider or to maintain the report in writing and inform the

Ministerial Council.’

3. Section 4.10 a) (‘Probationary period’), second subparagraph, shall be amended to

read as follows:

‘The Director shall serve a probationary period of six months. At the latest one month before

the expiry of the probationary period, a report shall be drawn up by a Reporting Panel on the

efficiency of the probationer, on their abilities to perform the duties pertaining to their post,

including the probationer’s management skills, and on their conduct in the service. The

Reporting Panel shall be comprised of a representative of the Contracting Party holding the

Presidency of the Ministerial Council, and of a representative of the European Commission.

After having been notified of the report in writing, the probationer shall have eight working

days to accept the report without comments, accept the report after adding comments, or

refuse the report justifying the reason for the refusal in its appropriate section. A report is

deemed to be accepted if there is no reaction from the probationer within the set deadline.

Unless the Presidency, after consultation with the Vice-Presidency, identifies serious concerns

regarding the Director’s performance, the Director’s Employment Agreement shall be deemed

to be confirmed. Where such concerns are identified, the Presidency, after consultation with

the Vice-Presidency, may recommend dismissal of the probationer to the Ministerial Council,

which shall decide to confirm or to terminate the Employment Agreement in accordance with

the rules set out in Article 88 of the Treaty, after having heard the probationer.

Any Member of the Ministerial Council may inform the Ministerial Council of their views in

writing no later than two weeks prior to the end of the six-month probationary period. In

EN 5 EN

derogation from Section V 23—25 (sentences 1 and 2) of Procedural Act 2006/01/MC-EnC

on the adoption of the internal Rules of Procedures of the Ministerial Council of the Energy

Community, as amended, the Director may initiate a decision by correspondence within ten

calendar days prior to the end of the six-month probationary period on the basis of the

appraisal.’

4. In Section 12 (‘Social benefits’), paragraph d) shall be inserted and read as follows:

‘The employer may contribute to a Provident Fund to ensure against employment-related

risks and/or prepare for retirement, as laid down in the respective Procedural Act to be

adopted by the Ministerial Council.’

Article 2

amending Procedural Act 2025/PA/01/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

1. With effect as of 1 January 2026, Annex A to the Procedural Act

2025/PA/01/MC-EnC shall be amended as follows:

(a) In Section 4.1 ‘Budget line: Human resources’, subparagraph i) shall be

included:

‘The 2026-2027 budget introduces a new employer’s contribution to pensions in the form

of a Provident Fund for staff paid mutually by the Energy Community and staff with a

10% and 5% contribution of the monthly salary respectively.’

Article 3

The Secretariat shall make this Procedural Act available to all Parties and institutions under

the Energy Community Treaty within seven days after its adoption.

Done in Vienna on 30 November 2026.

For the Ministerial Council

………………

Presidency

ADDENDUM 3 TO ANNEX 1

PROCEDURAL ACT 2026/XX/MC-EnC OF THE MINISTERIAL COUNCIL OF THE

ENERGY COMMUNITY ON THE ADMINISTRATION OF THE PROVIDENT

FUND

THE MINISTERIAL COUNCIL OF THE ENERGY COMMUNITY,

Whereas the Energy Community is committed to supporting staff members of the Energy

Community Secretariat in building long-term financial reserves serving as a form of social

security for retirement purposes,

EN 6 EN

Whereas the Provident Fund is a jointly funded scheme between the Secretariat and its staff

members, aimed at accumulating contributions throughout employment and disbursing them

upon departure or under specific conditions,

Whereas the Provident Fund should be managed with transparency, accountability and proper

internal controls,

Determined to implement a standardised and efficient procedure for the administration of the

Provident Fund under the overall responsibility of the Director and the Head of the

Administrative and Finance Unit,

ADOPTS THE FOLLOWING PROCEDURAL ACT:

Article 1

General provisions

1. A Provident Fund shall be established for the benefit of all Energy Community

Secretariat’s (hereinafter ‘the Secretariat’) staff members as defined in Section 2.1 of

the Staff Regulations and subject to Article 7 of these rules. For the purpose of the

present Provident Fund, Seconded Staff are not staff members.

2. As of the first day of employment of a staff member, the Secretariat shall contribute

to the Provident Fund on a monthly basis an amount equivalent to 10% of the

monthly gross salary of the respective contracted staff member and each staff

member shall contribute an amount equivalent to 5% of their monthly gross salary.

The contribution of the staff member shall be withdrawn by the Secretariat before

transfer of the salary to the staff member and be transferred directly to the Provident

Fund’s bank account.

3. All contributions shall be made in euro and may only be invested in instruments

denominated in euro.

Article 2

Administration of the Fund

1. The Director is responsible for the overall management of the Provident Fund.

2. The Administrative and Finance Unit shall manage the regular operational activities

of the Provident Fund.

3. A designated euro bank account shall be opened and used exclusively for the

Provident Fund.

4. The Secretariat shall be exclusively responsible for the management of the

designated euro bank account.

5. Monthly reconciliations shall be conducted between payroll deductions, Energy

Community contributions and the Energy Community’s bank accounts.

6. The total amount of accumulated resources within the designated Provident Fund

bank account shall be reported in the monthly financial report. Each staff member

shall receive a personalised quarterly statement detailing the status of their

contributions.

7. Fund balances and individual contributions shall be recorded and tracked.

EN 7 EN

8. All records shall be stored in a secure, access-controlled digital location.

9. Under no circumstances can the total amount of contributed and accumulated funds

for an individual staff member be less than what is paid out after the termination of

employment.

Article 3

Payroll integration

1. Until full automated integration into the payroll system becomes feasible, Provident

Fund contributions shall be tracked and managed using the existing process and

electronic means.

2. Records are maintained and updated for each payroll cycle.

3. Deductions and payments shall be made simultaneously with the monthly payroll.

Article 4

Payment of benefits and withdrawals

1. Payments are made to the staff member’s salary bank account. The bank account

shall be in the name of the staff member.

2. No withdrawals of any contributions to the Provident Fund by either the Energy

Community or the staff member shall be permitted during active employment of the

respective staff member.

3. Every staff member shall nominate a beneficiary in the event of the staff member’s

death including beneficiaries’ bank details.

4. Upon the end of the employment, including death, retirement1, expiry or termination

of the Employment Agreement, all accumulated contributions – comprising the staff

member’s and employer’s payments plus accrued interest – shall be disbursed by the

Secretariat within 60 calendar days electronically in euro to the bank account of the

respective staff member or beneficiary indicated by the staff member in line with

these rules.

Article 5

Legal framework

1. The Provident Fund shall be set up and operated, subject to the assignment of

appropriations in the biennial budget, in accordance with the existing Energy

Community financial rules and regulations.

2. Contributions by the Secretariat to the Provident Fund shall be financed from

appropriations in the relevant biennial budget.

Article 6

Bank fees and interest

1. The Provident Fund may earn standard bank interest.

2. Any interest shall be allocated proportionally to individual aggregated contributions

or deducted from them in the event of negative interest.

3. The Secretariat shall fully cover operational banking fees such as transfer fees,

account maintenance charges, or other administrative banking expenses.

1 As defined in Article 11 of the Staff Regulations of the Energy Community.

EN 8 EN

Article 7

Scope of application

1. The provisions of this Procedural Act shall not be applied retroactively. All rights,

obligations, and financial arrangements established under previous rules shall remain

governed by the rules in effect at the time of their establishment.

2. Irrespective of paragraph 1, the provisions of this Procedural Act take effect on

1 January 2026.

3. The provisions of this Procedural Act apply to all staff members with a valid

Employment Agreement at the time of entry into force of the Procedural Act

specified in Article 8.

Article 8

Entry into force

This Procedural Act enters into force on 30 November 2026.

Done in Vienna on 30 November 2026.

For the Ministerial Council

………………

Presidency

ADDENDUM 4 TO ANNEX 1

PROCEDURAL ACT 2026/XX/MC-ENC

OF THE MINISTERIAL COUNCIL OF THE ENERGY COMMUNITY

ON THE APPOINTMENT OF THE DIRECTOR OF THE ENERGY COMMUNITY SECRETARIAT

THE MINISTERIAL COUNCIL OF THE ENERGY COMMUNITY,

Having regard to the Treaty establishing the Energy Community and in particular Articles 69

and 88 thereof,

Having regard to the fact that the mandate of the current Director of the Energy Community

Secretariat, Mr Artur Lorkowski, is due to expire on 30 November 2026 and that on

16 January 2026 the European Commission published a vacancy notice for an open selection

procedure for the next Director of the Energy Community Secretariat as of 1 December 2026,

Whereas, on the basis of the vacancy notice of 16 January 2026 and the subsequent selection

procedure carried out by the European Commission, Mr Artur Lorkowski has proven to have

the best combination of managerial, leadership, communication and negotiation skills,

technical proficiency, international experience and knowledge in order to carry out the

functions of Director of the Energy Community Secretariat,

Having regard to the European Commission Proposal to the Ministerial Council to appoint Mr

Artur Lorkowski as Director of the Energy Community Secretariat,

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Having regard to Article II.1 of the Rules for Recruitment, Working Conditions and

Geographical Equilibrium of the Secretariat’s Staff, as adopted by Procedural Act of the

Ministerial Council of the Energy Community 2006/02/MC-EnC of 17 November 2006, as

amended by the Ministerial Council’s Procedural Acts 2016/01/MC-EnC of 14 October 2016,

2022/02/MC-EnC of 15 December 2022 and 2024/01/MC-EnC of 19 February 2024,

Having regard to the salary level established in the budget of the Energy Community for the

years 2026 and 2027, adopted by Procedural Act of the Ministerial Council 2025/PA/01/MC-

EnC of 18 December 2025,

HAS ADOPTED THIS DECISION:

Article 1

The Ministerial Council appoints Mr Artur Lorkowski as a Director of the Energy Community

Secretariat for a period of five years starting on 1 December 2026.

This appointment constitutes a renewal of Mr Artur Lorkowski’s mandate, and he shall not be

appointed again after the end of this mandate.

Article 2

By accepting the appointment, as provided for in Article 1, Mr Artur Lorkowski accepts the

following terms: (i) the working conditions of the Director as set out in the Staff Regulations

of the Energy Community Secretariat adopted by the Energy Community Ministerial Council

on 18 December 2007, including any subsequent amendments; (ii) the Act of Appointment, as

set out in the Annex to this Procedural Act, which sets out the conditions of employment

applicable until the end of the mandate; (iii) the monthly salary of the Director, of

EUR 14 000 in 2026 and EUR 14 280 in 2027, which may be increased subsequently

depending on the outcome of the annual performance appraisals in line with Section 4.8, point

(c) of the Energy Community Staff Regulations and the approval by the Ministerial Council in

the future biennial budgets of the Energy Community.

Article 3

The Act of Appointment of the Director of the Energy Community Secretariat, containing the

Employment Agreement, as set out in the Annex to this Procedural Act, shall be issued by the

Presidency representing the Ministerial Council on the day of adoption of this Procedural Act.

Article 4

The Secretariat shall make this Procedural Act available to all Parties and institutions under

the Energy Community Treaty within seven days after its adoption.

Article 5

This Decision shall enter into force upon adoption.

Done in Vienna on 30 November 2026.

For the Ministerial Council

………………………………

Presidency

EN 10 EN

ANNEX 2

PERMANENT HIGH LEVEL GROUP OF THE ENERGY COMMUNITY

1. PROCEDURAL ACT OF THE PERMANENT HIGH LEVEL GROUP 2026/XX/PHLG-ENC

ESTABLISHING GUIDELINES DEFINING THE PROCEDURE IN CASE OF URGENCY

UNDER ARTICLE 18(3) OF PROCEDURAL ACT 2015/04/MC-ENC

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 establishing guidelines defining the

procedure in case of urgency under Article 18(3) of Procedural Act 2015/04/MC-EnC in

accordance with Addendum 1 to this Annex. The Commission shall be authorised to vote on

behalf of the Union at the Permanent High Level Group in procedures in cases of urgency

falling withing the scope of the above-mentioned Procedural Act and Article 18(3) of

Procedural Act 2015/04/MC-EnC, in accordance with the following paragraphs.

The Commission shall be authorised to express the Union position and vote on its behalf

within the Permanent High Level Group as regards decisions on interim measures taken in

accordance with the guidelines adopted pursuant to Article 18(3) of Procedural Act

2015/04/MC-EnC. The Commission shall transmit to the Council, or to its preparatory bodies,

in sufficient time before the relevant Permanent High Level Group meeting, a written

document setting out the position to be expressed on behalf of the Union. The Commission

shall inform the Council immediately after the adoption of any Permanent High Level Group

decision imposing interim measures.

2. PROCEDURAL ACT OF THE PERMANENT HIGH LEVEL GROUP 2026/XX/PHLG-ENC

LAYING DOWN RULES FOR THE ORGANISATION AND FUNCTIONING OF THE

COORDINATION GROUP FOR OIL AND PETROLEUM PRODUCTS OF THE ENERGY

COMMUNITY

The position to be adopted on behalf of the European Union is to approve the draft Procedural

Act of the Permanent High Level Group of the Energy Community laying down rules for the

organisation and functioning of the Coordination Group for Oil and Petroleum Products of the

Energy Community, in accordance with Addendum 2 to this Annex.

ADDENDUM 1 TO ANNEX 2

PROCEDURAL ACT 2026/XX/PHLG-ENC

OF THE PERMANENT HIGH LEVEL GROUP OF THE ENERGY COMMUNITY:

ESTABLISHING GUIDELINES DEFINING THE PROCEDURE IN CASE OF URGENCY UNDER

ARTICLE 18(3) OF PROCEDURAL ACT 2015/04/MC-ENC

2026/…/PHLG-EnC: on guidelines defining the procedure in case of urgency under Article

18(3) of Procedural Act 2015/04/MC-EnC

The Permanent High Level Group of the Energy Community,

Having regard to the Treaty establishing the Energy Community, and in particular Articles 2,

53, 82, 83 and 87 thereof,

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Whereas on 16 October 2015 the Ministerial Council of the Energy Community adopted

Procedural Act 2015/04/MC-EnC on amending Procedural Act 2008/01/MC-EnC of 27 June

2008 on Rules of Procedure for dispute settlement under the Treaty,

Whereas Article 21 of the Rules of Procedure for dispute settlement under the Treaty

establishes that complaints against an EU Member State shall be passed on to the European

Commission,

Whereas Article 18(3) of Procedural Act 2015/04/MC-EnC calls upon the Permanent High

Level Group to adopt guidelines determining the criteria for urgency, the procedure for

adoption as well as the scope and limits of interim measures,

Whereas under Article 82 of the Treaty measures are to be proposed by a Party or the

Secretariat,

Having regard to the proposal submitted by the Secretariat,

ADOPTS THE FOLLOWING PROCEDURAL ACT:

Article 1

Procedure in case of Urgency

1. In case of urgency, the Secretariat may, on the basis of a prima facie finding of

non-compliance, submit a reasoned request directly to the next meeting of the

Permanent High Level Group pursuant to Article 18 of Procedural Act

2015/04/MC-EnC at the request of a private body, a Party, the Regulatory Board,

or ex officio without a preliminary procedure or at any stage of the preliminary

procedure.

2. In case of a complaint by a private body, the complainant may suggest the

initiation of a procedure pursuant to Article 18 of Procedural Act 2015/04/MC-

EnC already at the time of the submission of the complaint, or anytime during the

preliminary procedure. The complainant shall set out, together with all relevant

documentation, the circumstances giving rise to urgency. The complainant may

also propose interim measures. Upon review of the request of the complainant, the

Secretariat shall decide whether or not to initiate a procedure pursuant to Article

18 of Procedural Act 2015/04/MC-EnC, and whether or not to request interim

measures. The Secretariat is not bound by the request of the complainant.

3. The Secretariat shall send the reasoned request, and any request for interim

measures, to the Party concerned at the same time when submitted to the

Permanent High Level Group. The Party concerned may submit written

observations within one week from receipt of any such request.

4. At the next possible meeting after the submission of the reasoned request and

request for interim measures by the Secretariat, the Permanent High Level Group

will review the existence of urgency in line with the present guidelines.

5. The Permanent High Level Group may impose interim measures if and to the

extent requested by the Secretariat. Interim measures may include:

(a) The obligation of a Party concerned to suspend the application of a

contested national measure,

(b) The obligation of a Party concerned to adopt and apply a national

measure restoring or preserving the status quo, or

EN 12 EN

(c) The obligation of a Party concerned to take any other measures necessary

for preventing serious and irreparable damage to one of the objectives of

the Treaty.

The subject-matter of application for interim measures may not go beyond the

subject-matter of the case under preliminary procedure and the interim measure(s)

imposed may not be different or go beyond what could be obtained in the main

proceedings. The interim measures must account for any discretion available to a Party in

the main proceedings to choose among appropriate measures to rectify the breach.

Article 2

Urgency

1. Urgency will be assessed by the Permanent High Level Group on a case-by-case

basis.

2. A situation will be deemed urgent if it falls under one of the following categories:

(a) The imminent risk of a serious and irreparable damage to one of the

objectives of the Treaty; such objectives include, but are not limited to:

investment security in the energy field, security of supply, environmental

protection, the functioning of the single energy market etc.; or

(b) The imminent risk of damage to private bodies not reparable by monetary

compensation.

(c) The damage referred to in paragraph 2 of this Article must not be

hypothetical, and it must entail a sufficient degree of probability. Any

risk of damage is only considered urgent if it cannot be prevented by the

final decision of the Ministerial Council under Articles 91 and 92 of the

Treaty at its next regular meeting.

3. There must be a causal link between the alleged breach and the damage referred to

in paragraph 2 of this Article.

Article 3

Interim Measures

1. Together with the submission of a reasoned request under Article 1 of the present

Procedural Act, the Secretariat may request the Permanent High Level Group to

impose interim measures against the Party concerned, provided that such measures

are suitable, necessary and proportionate to prevent the risks described in Article

2(2) of the present Procedural Act.

2. The application for imposing interim measures shall also contain a justified

proposal for specific measures together with evidence for their suitability,

necessity and proportionality.

3. The Permanent High Level Group shall decide on the interim measures proposed

by the Secretariat by voting in accordance with the requirements established in

Articles 91 to 93 of the Treaty. The decision shall depend on the existence of

urgency as well as the suitability, necessity and proportionality of the interim

measures proposed. The decision shall fix the date on which the interim measure

is to lapse.

4. A decision shall be taken at the meeting of the Permanent High Level Group

following the reasoned request under Article 1 of the present Procedural Act, or, if

EN 13 EN

so decided, by written correspondence pursuant the Consolidated Internal Rules of

Procedure of the Permanent High Level Group.

5. A decision of the Permanent High Level Group not to impose interim measures

shall not prevent the Secretariat from making a new application in the same

matter, on the basis of new or changed circumstances related to facts or law.

6. Between the decision of the Permanent High Level Group and the next regular

meeting of the Ministerial Council, the Secretariat or the Party concerned may

request the Permanent High Level Group to modify or cancel the decision to

impose interim measures due to a change in circumstances. The Party concerned

or the Secretariat have one week to reply on the application to modify or cancel

interim measures. The decision on the application to modify or cancel the interim

measures shall be taken either at the next meeting of the Permanent High Level

Group, or, if so decided, by written correspondence pursuant the Consolidated

Internal Rules of Procedure of the Permanent High Level Group.

Article 4

Procedure before the Ministerial Council

1. The Secretariat, upon a request by a Party or or on its own initiative shall request

the Ministerial Council to decide on the continuation, modification or suspension

of interim measures imposed by the Permanent High Level Group, provided these

measures are still in force. The Ministerial Council shall decide by voting in

accordance with the requirements established in Articles 91 to 93 of the Treaty.

2. The interim measures shall expire no later than the Ministerial Council meeting at

which the reasoned request is submitted for decision.

Done in Vienna on 23 November 2026.

For the Permanent High Level Group

………………………………

Presidency

ADDENDUM 2 TO ANNEX 2

PROCEDURAL ACT 2026/XX/PHLG-ENC

OF THE PERMANENT HIGH LEVEL GROUP OF THE ENERGY COMMUNITY:

LAYING DOWN RULES FOR THE ORGANISATION AND FUNCTIONING OF THE COORDINATION

GROUP FOR OIL AND PETROLEUM PRODUCTS OF THE ENERGY COMMUNITY

The Permanent High Level Group of the Energy Community,

Having regard to the Treaty establishing the Energy Community, in particular Articles 53 and

87 thereof,

Whereas Article 17 of Directive 2009/119/EC, as incorporated and adapted by Ministerial

Council Decision 2012/03/MC-EnC of 18 October 2012, establishes a Coordination Group for

Oil and Petroleum Products in the Energy Community,

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Whereas there is an increased need to strengthen oil supply security in the Energy Community

by supporting Contracting Parties in implementing the cooperation mechanisms foreseen in

Directive 2009/119/EC,

Whereas the activities of the Coordination Group for Oil and Petroleum Products are derived

from Directive 2009/119/EC,

Whereas the Coordination Group for Oil and Petroleum Products should facilitate cooperation

among Contracting Parties and the relevant stakeholders in the field of oil and petroleum

products,

Whereas, in order to ensure the effective functioning of the Coordination Group, rules

governing its organisation and operation should be laid down,

HAS ADOPTED THIS PROCEDURAL ACT:

Article 1

Energy Community Coordination Group for Oil and Petroleum Products

The task of the Coordination Group for Oil and Petroleum Products (‘the Coordination

Group’) shall be to contribute to analysing the situation within the Energy Community with

regard to security of supply for oil and petroleum products and facilitate the coordination and

implementation of measures in that field.

Article 2

Composition and organisation

1. The Coordination Group shall be composed of representatives of the Contracting

Parties.

2. The Coordination Group shall be chaired by the European Commission with the

support of the Energy Community Secretariat. Representative bodies from the sector

concerned may take part in the work of the Coordination Group at the invitation of

the European Commission.

3. The Energy Community Secretariat shall assist the Chair in the preparation and

organisation of the activities of the Coordination Group and shall provide technical

assistance for its work.

4. The Member States of the European Union may, under the coordination of the

European Commission, participate in the Coordination Group with regard to all

matters with which they are concerned.

5. Participant and Observer countries may be represented in accordance with Articles

95 and 96 of the Treaty.

6. Each Party shall nominate its representatives and inform the European Commission

and the Energy Community Secretariat as well as promptly notify the European

Commission and the Energy Community Secretariat of any changes thereof. The list

of representative bodies of the industry concerned and of relevant consumers shall be

established and updated by the Energy Community Secretariat upon the proposal by

the European Commission.

EN 15 EN

7. While the nominated representatives of the Coordination Group are not automatically

considered the crisis contact points as referred to in Article 3(1)(c), Parties are

encouraged to ensure close alignment between these roles.

8. The agenda and the draft conclusions of each meeting of the Coordination Group

shall be agreed by the European Commission and the Energy Community Secretariat

prior to circulating.

Article 3

Activities

1. The Coordination Group shall:

(a) facilitate the exchange of information and experience relevant to the

implementation of Directive 2009/119/EC;

(b) support cooperation and coordination among the Parties on matters relating to

security of supply for oil and petroleum products;

(c) maintain and facilitate the exchange of information on crisis contact points and

support coordination during supply disruptions;

(d) promote the exchange of best practices concerning stockholding systems,

emergency preparedness, crisis response measures and related administrative

arrangements;

(e) facilitate cooperation and information exchange with the European

Commission, including with regard to matters arising under Articles 17, 18 and

20 of Directive 2009/119/EC;

(f) contribute to crisis preparedness and situational awareness by supporting the

exchange of relevant information concerning market developments, stock

levels, supply and demand developments and other factors affecting security of

supply for oil and petroleum products.

2. The activities of the Coordination Group shall relate to all matters falling within the

scope of Directive 2009/119/EC.

3. The activities of the Coordination Group shall not have legally binding effects.

Article 4

Meetings

1. The Coordination Group shall meet regularly at least once a year.

2. Ad hoc meetings of the Coordination Group may be convened by the Chair in the

event of an existing or imminent threat to security of supply either on its own

initiative, or at the request of a Party to the Treaty.

Article 5

Review

Within three years of the date of its entry into force, this Procedural Act shall be reviewed in

order to assess the functioning of the cooperation mechanisms it establishes.

Article 6

Addressees

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This Procedural Act shall enter into force on the day of its adoption and is addressed to the

Parties.

Done in Vienna on 23 November 2026.

For the Permanent High Level Group

………………………………

Presidency