Recommendation from the Commission to the Council to authorise the Commission to negotiate on behalf of the European Union amendments to the Energy Community Treaty

The Treaty establishing the Energy Community was signed on 25 October 2005 in Athens by the European Community and then nine Contracting Parties from South East Europe and it entered into force on 1 Jul 2006. Article 12 of the Treaty states that Each Contracting Party shall implement the acquis communautaire on environment in compliance with the timetable set out in Annex II of the treaty.

Article 16 of the Treaty defines the "acquis communautaire on environment" as meaning:
- Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment,
- Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels,
- Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (LCP Directive),
- Article 4(2) of Directive 79/409/EEC of the Council of 2 April 1979 on the conservation of wild birds.

The LCP Directive was replaced by Chapter III, Article 72(3) and (4), and Annex V of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) with effect from 7 January 2013 for new plants and from 1 January 2016 for existing plants. The LCP Directive is repealed with effect from this latter date. Therefore, the acquis communautaire on environment set out in Article 16 of the Treaty establishing the Energy Community, and the timetable for implementation set out in Annex II thereof, should be amended accordingly.

• Primary Source

EUR-Lex: COM(2013)605: Follow the progress of this recommendation through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2013:605:FIN

---