INSTITUTIONS AND DECISIONMAKING BODIES UNDER THE TREATYThe Treaty establishes the instituti<strong>on</strong>s and bodies of the <strong>Energy</strong> Community. These are the:MINISTERIAL COUNCILPERMANENT HIGH LEVEL GROUPREGULATORY BOARDATHENS FORUM SOCIAL FORUM GAS FORUM OIL FORUMSECRETARIAT6FOCUS ON ENERGYMinisterial CouncilThe Ministerial Council ensures that the objectives set out in the Treaty are achieved. It is the principaldecisi<strong>on</strong> making body of the <strong>Energy</strong> Community. In that respect it provides general policy guidelines,takes measures to meet the Treaty’s objectives and adopts procedural acts such as the allocati<strong>on</strong> oftasks, powers or obligati<strong>on</strong>s. It is made up of <strong>on</strong>e representative for each party to the Treaty and tworepresentatives of the EU. Also, <strong>on</strong>e n<strong>on</strong>-voting representative of each participant may participate in itsmeetings. The presidency of the Ministerial Council is held in turn by each party for a term of six m<strong>on</strong>thsand is assisted by <strong>on</strong>e representative of the European Uni<strong>on</strong> and <strong>on</strong>e representative of the incomingpresidency. The Ministerial Council meets at least <strong>on</strong>ce every six m<strong>on</strong>ths and the meetings are organisedby the Secretariat of the <strong>Energy</strong> Community (the “Secretariat”). It submits an annual report to theEuropean Parliament and to the parliaments of the adhering parties and the participants.Permanent High Level GroupThe key missi<strong>on</strong> of the Permanent High Level Group is to prepare the work of the Ministerial Council. Italso gives assent to technical assistance requests made by d<strong>on</strong>ors and financial instituti<strong>on</strong>s, it reports tothe Ministerial Council <strong>on</strong> the progress of the objectives of the Treaty. It c<strong>on</strong>sists of <strong>on</strong>e representativeof each party to the Treaty and two representatives from the EU. One n<strong>on</strong>-voting representative of eachparticipant may participate in its meetings. Meetings of the Permanent High Level Group are c<strong>on</strong>venedand chaired by the presidency and are organised by the Secretariat.Regulatory BoardThe Regulatory Board’s primary role is to advise the Ministerial Council and Permanent High Level Group<strong>on</strong> statutory, technical and regulatory rules and to issue recommendati<strong>on</strong>s in the event of cross-borderdisputes between regulators. It is composed of <strong>on</strong>e representative of the energy regulator from eachparty to the Treaty, with the EU being represented by the European Commissi<strong>on</strong> which is assisted by <strong>on</strong>eregulator from each of the Participant States, and <strong>on</strong>e representative of the European Regulators Groupfor Electricity and Gas (“ERGEG”). The Regulatory Board meets in Athens.ForumsThe Forums have the task to advise the <strong>Energy</strong> Community and to provide a medium for open discussi<strong>on</strong>and the voicing of ideas. The Forums are composed of representatives of all interested stakeholders,including industries, regulators, industry representative groups and c<strong>on</strong>sumers. Each Forum is chairedby a representative of the EU. The c<strong>on</strong>clusi<strong>on</strong>s of the Forums are adopted by c<strong>on</strong>sensus and are forwardedto the Permanent High Level Group. The Treaty initially envisaged the existence of two Forums,the already existing Athens Forum and a “Gas Forum” which, for the first time, was hosted in Maribor,
Slovenia in 2007. In the same year, discussi<strong>on</strong>s <strong>on</strong> the possible establishment of a new Forum <strong>on</strong> socialissues were held between the parties to the Treaty which c<strong>on</strong>sequently lead to the adopti<strong>on</strong> of the“Memorandum of Understanding <strong>on</strong> Social Issues” which envisaged the possibility of the establishmentof the “Social Forum”. The “Social Forum” c<strong>on</strong>siders the social impact of energy market reform. The first“Social Forum” took place in November 2008. At its December 2008 meeting, the Ministerial Councildecided to extend the scope of the Treaty <strong>on</strong> the oil sector and to establish an “Oil Forum”. Pursuant tothe aforementi<strong>on</strong>ed decisi<strong>on</strong>, the “Oil Forum” is to advise the <strong>Energy</strong> Community <strong>on</strong> issues related tothe oil sector. It is envisaged that “Oil Forum” will meet annually. The first “Oil Forum” was c<strong>on</strong>vened inSeptember 2009.The SecretariatThe Secretariat is based in Vienna and it provides am<strong>on</strong>gst other things, administrative support to theother instituti<strong>on</strong>s of the <strong>Energy</strong> Community. It co-ordinates the d<strong>on</strong>or activities and it m<strong>on</strong>itors the properimplementati<strong>on</strong> of Treaty obligati<strong>on</strong>s by the parties. It then submits yearly progress reports to the MinisterialCouncil and performs the day to day activities of the <strong>Energy</strong> Community. The Secretariat has a Directorthat is appointed by the Ministerial Council. The Director of the Secretariat or a nominated alternate assistsat the Ministerial Council, the Permanent High Level Group, the Regulatory Board and the Forums.Decisi<strong>on</strong> Making ProcessThe <strong>Energy</strong> Community takes measures in the form of decisi<strong>on</strong>s which are legally binding and recommendati<strong>on</strong>swhich have no binding force. Measures relating to the applicati<strong>on</strong> of the acquis communautairecan be taken by the Ministerial Council, the Permanent High Level Group or the RegulatoryBoard <strong>on</strong>ly up<strong>on</strong> a proposal of the European Commissi<strong>on</strong>. Measures related to the other core activities(such as the creati<strong>on</strong> of a specific regulatory framework for an efficient regi<strong>on</strong>al energy market and thecreati<strong>on</strong> of a single energy market) can be taken by the same bodies up<strong>on</strong> the proposal of a party to theTreaty including the Secretariat in the case of measures for the creati<strong>on</strong> of the single energy market.The measures are adopted either by a simple majority (as is the case with the decisi<strong>on</strong>s relating to theapplicati<strong>on</strong> of acquis communautaire), or by a two-thirds majority (as is the case with the decisi<strong>on</strong>srelating to the creati<strong>on</strong> of a specific regulatory framework for efficient regi<strong>on</strong>al energy market), or byunanimity (as is the case with the decisi<strong>on</strong>s relating to the creati<strong>on</strong> of the single energy market). Internalaffairs, such as organizati<strong>on</strong>al, budgetary and transparency issues of the <strong>Energy</strong> Community areregulated by procedural acts.The parties to the Treaty are obliged to implement decisi<strong>on</strong>s adopted by the Ministerial Council, the PermanentHigh Level Group or the Regulatory Board (that are addressed to them) in their domestic legal system.A failure to comply with this obligati<strong>on</strong> may be brought to the attenti<strong>on</strong> of the Ministerial Council byany party, the Secretariat or the Regulatory Board. Whether or not there has been a breach of obligati<strong>on</strong>sof the parties is determined by the Ministerial Council. In the event of serious and persistent breaches bya party of its obligati<strong>on</strong>s, the Ministerial Council may, acting by unanimity, suspend certain rights grantedto the n<strong>on</strong>compliant party under the Treaty, including the suspensi<strong>on</strong> of voting rights and the offendingparty’s subsequent exclusi<strong>on</strong> from meetings or other such mechanisms provided for in the Treaty.7FOCUS ON ENERGYIn practice, the above mechanism started to apply after the Rules of Procedure for Dispute Settlementunder the <strong>Energy</strong> Community Treaty (the “Dispute Rules”) had been adopted in June 2008 1 . From15 October 2009, the Secretariat has received five complaints out of which <strong>on</strong>e was levelled againstSerbia, <strong>on</strong>e against Bosnia and Herzegovina and three against Maced<strong>on</strong>ia. It is worth menti<strong>on</strong>ing thateach complaint has been initiated by private bodies. According to the aforementi<strong>on</strong>ed Dispute Rules,up<strong>on</strong> receiving a complaint, the Secretariat assesses the merits of a case and decides whether to initiatea formal procedure. If the respective country, as a reply to the complaint, harm<strong>on</strong>ises its legislati<strong>on</strong> andpractice so that it is in line with the Treaty and if that is satisfactory to both the complainant and to theSecretariat, then the case is closed without the initiating of a formal procedure. So far, the <strong>on</strong>ly formalprocedure initiated to date has been against Maced<strong>on</strong>ia.1 Procedural Act No. 2008/01/MC-EnC dated 27 June 2008.