Considerations on COM(2024)44 - EU position within the EU-UK Specialised Committee on Energy established by the Trade and Cooperation Agreement with the United Kingdom on the adoption of the guidance on frameworks for cooperation

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dossier COM(2024)44 - EU position within the EU-UK Specialised Committee on Energy established by the Trade and Cooperation Agreement with the ...
document COM(2024)44
date March 25, 2024
 
(1) On 29 April 2021, the Council adopted Decision (EU) 2021/6892 on the conclusion of Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part3 (the ‘Agreement’). It applies since 1 January 2021.

(2) Pursuant to Article 8(4), point (c) of the Agreement, the Specialised Committee on Energy (the ‘Specialised Committee’) may adopt decisions and recommendations in respect of all matters where this Agreement or any supplementing Agreement so provides or for which the Partnership Council has delegated powers to it, on issues related to its area of competence. Pursuant to Article 10(2) of the Agreement, a Committee shall adopt decisions and make recommendations by mutual consent.

(3) Article 317(1) of the Agreement requires each Party to ensure that transmission system operators develop working arrangements that are efficient and inclusive in order to support the planning and operational tasks associated with meeting the objectives of the Title on Energy of the Agreement, including frameworks for cooperation between the European Network of Transmission System Operators for Electricity established in accordance with Regulation (EU) 2019/943 (‘ENTSO-E’) and the European Network of Transmission System Operators for Gas established in accordance with Regulation (EC) No 715/2009 (’ENTSOG’), on the one side, and the transmission system operators for electricity and gas in the United Kingdom, on the other.

(4) Those frameworks should not involve or confer a status comparable to membership in ENTSO-E or ENTSOG by United Kingdom transmission system operators.

(5) Article 318 of the Agreement requires each Party to ensure that the Agency for the Cooperation of Energy Regulators and the regulatory authority in the United Kingdom designated in accordance with Article 310 of the Agreement develop contacts and enter into administrative arrangements as soon as possible in order to facilitate meeting the objectives of this Agreement.

(6) This framework should not involve or confer a status comparable to participation in the Agency for the Cooperation of Energy Regulators by the regulatory authority in the United Kingdom designated in accordance with Article 310 of the Agreement.

(7) The Specialised Committee is to adopt a Decision on a guidance for the frameworks for cooperations referred to under both Article 317(1) and Article 318 as soon as practicable. The Specialised Committee is to adopt the Decision either during its next meeting, or by written procedure, whichever is sooner, following the completion of domestic procedures by each Party.

(8) It is appropriate to establish the position to be taken on the Union's behalf in the Specialised Committee, as the Decision will be binding on the Union.