Extraordinary Council meeting Transport, Telecommunications and Energy ENERGY Brussels, 12 January 2009

CONTENTS ¹

PARTICIPANTS................................................................................................................................. 4

ITEMS DEBATED

Energy Security in relation with the Russia/Ukraine gas dispute - Council conclusions............................. 6

OTHER ITEMS APPROVED

DECISIONS ADOPTED BY WRITTEN PROCEDURE

–                Appointments: European data protection supervisor.......................................................................................................... 9

–                 Trade policy: import duties on polyethylene terephthalate film from India...................................................................... 9

PARTICIPANTS

The Governments of the Member States and the European Commission were represented as follows:

Belgium:

Mr Paul MAGNETTE                                                                                  Minister for Climate and Energy

Bulgaria:

Mr Petar Vladimirov DIMITROV                                                                 Minister for the Economy and Energy

Czech Republic:

Mr Martin ?ÍMAN                                                                                       Minister for Industry and Trade

Mr Martin TLAPA                                                                                        Deputy Minister for Industry and Trade, European Union Section

Denmark:

Mr Jens KISLING                                                                                         Deputy Permanent Representative

Germany:

Mr Peter HINTZE                                                                                         Parliamentary State Secretary to the Federal Minister for Economic Affairs and Technology

Estonia :

Mr Gert ANTSU                                                                                           Deputy Permanent Representative

Ireland:

Mr Eamon RYAN                                                                                          Minister for Communications, Energy and Natural Resources

Greece:

Mr Konstantinos HADJIDAKIS                                                                  Minister for Transport and Communications

Spain:

Mr Pedro MARIN                                                                                         Secretary General for Energy

France:

Mr Jean-Louis BORLOO                                                                              Ministre d'État, Minister for Ecology and for Sustainable Development and Town and Country Planning

Italy:

Mr Claudio SCAJOLA                                                                                  Minister for Economic Development

Cyprus:

Mr George CHACALLI                                                                                 Deputy Permanent Representative

Latvia:

Mr Art?rs BERGHOLCS                                                                              Parliamentary Secretary, Ministry of Economics

Lithuania:

Mr Dainius KREIVYS                                                                                   Minister for the Economy

Luxembourg:

Mr Jeannot KRECKÉ                                                                                    Minister for Economic Affairs and Foreign Trade, Minister for Sport

Hungary:

Mr Csaba MOLNÁR                                                                                     Minister for Transport, Telecommunications and Energy

Malta:

Ms Theresa CUTAJAR                                                                                 Deputy Permanent Representative

Netherlands:

Ms Maria van der HOEVEN                                                                         Minister for Economic Affairs

Austria:

Mr Reinhold MITTERLEHNER                                                                   Federal Minister of Economics and Labour

Poland:

Mr Waldemar PAWLAK                                                                               Vice Prime Minister, Minister of Economy

Portugal:

Mr Manuel PINHO                                                                                       Minister for Economic Affairs and Innovation

Romania:

Mr Adriean VIDEANU                                                                                 Minister for the Economy

Slovenia:

Mr Matej LAHOVNIC                                                                                  Minister for the Economy

Slovakia:

Mr ?ubomír JAHNÁTEK                                                                             Minister for the Economy

Finland:

Mr Mikko ALKIO                                                                                         State Secretary, Ministry of Economic Affairs

Sweden:

Mr Ola ALTERÅ                                                                                           State Secretary to the Minister for Enterprise and Energy

United Kingdom:

Mr Ed MILIBAND                                                                                       Secretary of State, Department for Energy and Climate Change

Commission:

Mr Andris PIEBALGS                                                                                  Member

ITEMS DEBATED

Energy Security in relation with the Russia/Ukraine gas dispute
- Council conclusions

The Council adopted the following conclusions:

" The extraordinary Energy (TTE) Council met in a critical moment caused by the current unprecedented interruption of gas supplies from Russia via Ukraine to the EU. The Council urges both parties to resume gas deliveries to the EU immediately in order to rebuild the credibility of both parties and avoid further economical harms and suffering to the citizens of the EU and of neighbouring countries.

The Council evaluated the situation of gas supplies in relevant Member States and appreciates domestic and solidarity measures already undertaken, which – despite the limited possibilities in the short run - have helped to mitigate the impact on European citizens and national economies. Member States are encouraged to sustain and deepen  solidarity measures until the supplies are restored.

The Council welcomes the steps undertaken by the Presidency and the Commission with the aim to facilitate the dialogue between Russia and Ukraine in order immediately to restore gas deliveries and appreciates that the EU and its Member States coordinated their approach towards third parties.

The Council appreciates the steps taken towards the establishment of the technical monitoring mission, which should be maintained as long as necessary, and expects all parties to facilitate prompt  results from its work. The Council will follow up closely the information provided by this monitoring mission.

Furthermore, the Council calls on both parties to develop lasting solutions that would prevent the recurrence of such dispute, and in any case ensure they will honour their obligations and guarantee the continuity of gas supply to the EU.

The present crisis has documented the importance of urgently reinforcing  the energy policy in Member States and at EU level in order to be able to prevent possible future major supply disruptions or cope with their consequences. In this respect and building on the 2nd Strategic Energy Review, the Council agrees on the necessity urgently to develop and strengthen medium and long-term measures along the following priority axes:

Transparency regarding physical gas flows, demand and storage volumes must be enhanced in both Member States and their industry, and in supply and transit countries, including by installing reliable metering systems where appropriate . In this framework, the Council recalls the contribution of long term contracts to the reliability of both countries towards European final customers.

The Council invites the Commission to present a report on this issue in time for the March European Council. The functioning of the Early Warning Mechanism must be assessed as well.

Regional or bilateral solidarity arrangements, including on a commercial basis, addressing disruption of supplies must be enhanced . The Commission is invited to suggest possible forms of such agreements. The Commission is also invited to speed up the revision of the Security of Gas Supply Directive 2004/67/EC by the end of 2009, notably with respect to the definition of the "major supply disruption" indicator and the related Community and national mitigating measures in crisis situations. Access to and investment in gas storage must be improved and strategic gas stocks could also be considered by Member States as well as other means to improve security including the capacity of each Member State to free up security margins .

In order to identify missing interconnections and accelerate the relevant work, the Commission is invited to carry out a thorough assessment of network interconnection, identify gaps, suggest action and to speed up the revision of the TEN-E framework with a view to considering the development of a comprehensive EU Energy Security and Infrastructure Instrument as suggested in the 2nd Strategic Energy Review. Member States are urged to speed up the implementation of network planning provisions foreseen in the 3 ^rd internal energy market package and inform the Commission of the planning and realization of their most urgent projects.

The contribution of diversified transport routes and sources to the energy security of the EU and its Member States, including by LNG terminals suitably connected to the internal market to be of use to all Member States, must be a major criterion for selecting projects eligible for Community co?financing and other instruments such as those managed by the EIB. In this context the Council calls for mobilizing potential resources under the Community budget and other financing instruments to strengthen investment in vital energy infrastructure, and calls also for urgent progress on the European Economic Recovery Plan as agreed by the European Council conclusions of December 2008.

T he Council recalls that early implementation of measures and commitments related to the internal market, energy efficiency and renewable energy also contribute to energy security.

The Council invites the Commission to identify with the Member States affected, the economic and social consequences resulting from the crisis and to map out the relevant measures, including State aid rules where necessary, in assisting those Member States.

The Council will review the situation and progress made and will decide on further concrete medium and long-term measures envisaged in the 2 ^nd Strategic Energy Review as well as in these Council Conclusions. The Council invites the Commission to report on the progress reached at the 19 February Energy Council in order for the Spring European Council to agree on the necessary responses on energy security.".

OTHER ITEMS APPROVED

DECISIONS ADOPTED BY WRITTEN PROCEDURE

Appointments: European data protection supervisor

On 12 January, the Council adopted a common decision with the European Parliament with a view to renewing Mr. Peter HUSTINX's mandate as European data protection supervisor for the period from 17 January 2009 to 16 January 2014 (Official Journal of the EU L 11 of 16.1.2009, p. 83).

The decision also appoints Mr. Giovanni BUTTARELLI as assistant supervisor for the same five?year period.

Trade policy: import duties on polyethylene terephthalate film from India

On 8 January, the Council adopted a regulation amending regulation 367/2006 imposing a definitive countervailing duty on imports of polyethylene terephthalate (PET) film originating in India and amending regulation 1292/2007 imposing a definitive anti-dumping duty on imports of PET film originating in India ( 17310/08).