{
  "url": "https://openlegislation.uk/eu-decision-1998-181/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-1998-181/introduction.json",
  "legislation": "eudn/1998/181",
  "legislation_title": "Council and Commission Decision of 23 September 1997 on the conclusion, by the European Communities, of the Energy Charter Treaty and the Energy Charter Protocol on energy efficiency and related environmental aspectsThe Decision on the conclusion of the Energy Charter Treaty on behalf of the European Community was adopted by the Council on 27 May 1997. (98/181/EC, ECSC, Euratom)",
  "legislation_url": "https://openlegislation.uk/eu-decision-1998-181",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Council and Commission Decision\nof 23 September 1997\non the conclusion, by the European Communities, of the Energy Charter Treaty and the Energy Charter Protocol on energy efficiency and related environmental aspects\n(98/181/EC, ECSC, Euratom)\nTHE COUNCIL OF THE EUROPEAN UNION,\nTHE COMMISSION OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Coal and Steel Community and, in particular, Article 95 thereof,\nHaving 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), 87, 99, 100a, 113, 130s(l) and 235, in conjunction with the second sentence of Article 228(2) and the second subparagraph of Article 228(3) thereof,\nHaving regard to the Treaty establishing the European Atomic Energy Community and, in particular, the second paragraph of Article 101 thereof,\nHaving regard to the opinion of the Consultative Committee set up by the Treaty establishing the European Coal and Steel Community,\nHaving regard to the proposal from the Commission,\nHaving regard to the unanimous assent of the Council pursuant to Article 95 of the Treaty establishing the European Coal and Steel Community,\nHaving regard to the assent of the European Parliament,\nHaving regard to the approval given by the Council pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,\nWhereas the European Energy Charter was signed by the European Communities and by their Member States on 17 December 1991;\nWhereas, on 17 December 1994, the European Communities and their Member States signed the Energy Charter Treaty and the Energy Charter Protocol on energy efficiency and related environmental aspects in order to provide a secure and binding international legal framework for the principles and objectives set out in that Charter;\nWhereas the European Communities and their Member States have been applying the Energy Charter Treaty provisionally by virtue of Council Decisions 94/998/EC and 94/1067/Euratom since the date of signature thereof;\nWhereas the principles and objectives of the Energy Charter Treaty are of fundamental importance to Europe's future, allowing the members of the Commonwealth of Independent States and the countries of Central and Eastern Europe to develop their energy potential, while helping to improve security of supply;\nWhereas the principles and objectives of the Energy Charter Protocol will help to provide greater protection for the environment, notably by promoting energy efficiency;\nWhereas it is necessary to consolidate the initiative and the central role of the European Communities, by enabling the latter to participate fully in the implementation of the Energy Charter Treaty and the Energy Charter Protocol;\nWhereas conclusion of the Energy Charter Treaty and the Energy Charter Protocol will help attain the objectives of the European Communities;\nWhereas Article 73c(2) of the Treaty establishing the European Community must be used as a legal basis for this Decision, since the Energy Charter Treaty imposes certain obligations on the European Communities regarding the movement of capital and payments between the Communities and third country contracting parties to the Energy Charter Treaty;\nWhereas the Energy Charter Treaty could affect legislative acts based on Article 235 of the Treaty establishing the European Community; whereas the latter Treaty has provided no powers other than those arising from Article 235 for implementation of the obligations imposed by that Treaty with regard to cooperation in the energy field;\nWhereas the Energy Charter Treaty and the Energy Charter Protocol must be approved by the European Communities;\nWhereas, in order to ensure uniform external representation of the European Communities, both in the conclusion procedure and in implementing the commitments entered into by the European Communities and the Member States, appropriate coordination procedures should be established; whereas, to this end, provision should be made for this Decision to be deposited with the Government of the Portuguese Republic at the same time as the instruments of ratification of the Member States; whereas, for the same reason, the position to be adopted by the European Communities and the Member States must be coordinated with regard to the decisions to be taken by the Energy Charter Conference set up by the Energy Charter Treaty in the fields for which they share responsibility;\nWhereas the Energy Charter Conference has autonomous decision-making powers; whereas, consequently, appropriate procedures must be provided for establishing the European Communities' position within the Energy Charter Conference;\nWhereas these procedures should be of a simplified nature, in order to allow for an effective participation of the European Communities in the said Conference;\nWhereas, with regard to decisions of the aforementioned Conference requiring the adoption or modification of Community legislation, the Council and the Commission shall act in accordance with the rules laid down in Article 228(1) and (2) of the Treaty establishing the European Community;\nWhereas, where the decisions to be taken by the Energy Charter Conference concern areas of mixed competence, the European Communities and the Member States are to cooperate with a view to achieving a common position, in accordance with the jurisprudence of the Court of Justice of the European Communities,\nHAVE DECIDED AS FOLLOWS:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "The Decision on the conclusion of the Energy Charter Treaty on behalf of the European Community was adopted by the Council on 27 May 1997."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ C 85, 17.3.1997."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 380, 31.12.1994, p. 1."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "OJ L 380, 31.12.1994, p. 113."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/1998/181/introduction",
    "retrieved_at": "2026-11-01T15:19:04.961001+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}