51994PC0557(01)

Amended proposal for a Council Decision on the signing of the European Energy Charter Treaty and its provisional application by the European Community (94/C 372/07) (Text with EEA relevance) COM(94) 557 final - 94/0214(CNS)

(Submitted by the Commission, pursuant to Article 189a (2) of the EC Treaty, on 28 November 1994)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 54 (2), the last sentence of Article 57 (2), Articles 66, 73c (2), 100a, 113 and 235 thereof, in conjunction with the second sentence of Article 228 (2) and the first subparagraph of Article 228 (3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas the European Energy Charter was signed on 17 December 1991 by the European Community and its Member States;

Whereas the signatories to the European Energy Charter undertook to draw up a European Energy Charter Treaty in order to provide a secure and binding international legal framework for the principles and objectives set out in that Charter;

Whereas implementation of the European Energy Charter is of fundamental importance to Europe's future, allowing the CIS States and the countries of central and eastern Europe to develop their energy potential, while helping to improve security of supply;

Whereas it is necessary to consolidate the initiative and the central role of the Community, to enable the latter to participate fully in the implementation of the Treaty;

Whereas the signature and application of the Energy Charter Treaty will help attain the objectives of the Community; whereas, for some of the measures provided for in that Treaty, the Treaty does not provide for powers other than those of Article 235 for the adoption of this Decision;

Whereas the Treaty should therefore be signed on behalf of the European Community, subject to subsequent approval, and applied on a provisional basis, in accordance with its provisions, without prejudice to the procedure required for its subsequent approval,

HAS DECIDED AS FOLLOWS:

Article 1

1. The European Energy Charter Treaty shall be signed by the European Community, subject to its subsequent approval.

2. The President of the Council is hereby authorized to designate the person or persons empowered to sign the Treaty.

3. The text of the Treaty is attached to this Decision.

Article 2

The European Energy Charter Treaty shall apply on a provisional basis from the time of signature thereof.