With reference to the Treaty establishing Energy Community, three distinct measures were designed to advance security of supply in the region of the Energy Community.   
 

SECURITY OF SUPPLY STATEMENTS 
SAFEGUARD MEASURES
MUTUAL ASSISTANCE 
 

Security of Supply Statements

Pursuant to Title III Chapter III of the Treaty establishing the Energy Community, the Contracting Parties have drafted security of supply statements, providing details in

• diversity of supply,
• technological security, and
• geographic origin of imported fuels.

The statements are of standardised format, allowing mutual comparison and rise of examples of good practice. The first statements were issued in June 2007. Afterwards there has been updates every second year, namely in 2009 and 2011. For individual statements of the Contracting Parties, please, refer to the subpage: Statements.

Safeguard measures

Pursuant to Article 36 of the Treaty, the process of establishing the Energy Community will result in setting up of a specific regulatory framework permitting efficient operation and integration of the Network Energy markets. Ultimately this large, deregulated market will comprise the entire territory of the Contracting Parties and part of the European Community member states. Bearing in mind the vulnerability of transforming energy markets, introduction of standardised procedures in the event of sudden supply disturbances is essential. It is therefore of great importance that national legislation of the region comprise provisions on concise safeguard measures.

In the event of sudden crises, a Party may temporarily opt for necessary safeguard measures. These measures should result in the least possible market disturbance and have no distorting effects on competition. In such a case it is imperative that the Party notifies the Secretariat without delay. As a result the Energy Community will endeavour to assess whether the chosen measures fully comply with the provisions laid down in Chapter VII. It can also request to stop, limit or to modify the chosen measures. 

After entry into force of the Treaty establishing the Energy Community, discussions on the safeguard issue evolved. There is a common understanding that notification process and registration of notifications needs to be standardised. Also, the issue of common information and supervisory mechanism needs to be clarified. The discussions are still on-going.  

Mutual assistance

According to Article 3c of the Treaty establishing the Energy Community, the process of establishing the Energy Community ultimately centres on the creation of one great trans-national energy market. The Contracting Parties should not only open their markets to trading counterparts, but also offer mutual assistance in the event of serious disturbance to the energy networks or that of external disruptions.

Title IV Chapter IV of the Treaty establishing the Energy Community lays down the legal provisions of mutual assistance. In the event of sudden crises, a Party must seek for Energy Community resolution without delay. Upon the request of the Party, the Energy Community might decide on appropriate countermeasures to master the crises. Title IV Chapter IV also foresees an adoption of a Procedural Act, which should outline the Rules of Operation for the Mutual Assistance Obligations.  

As a part of the preparation process, the Secretariat presented to the PHLG a draft working paper including a questionnaire targeting the implementation of the security of supply Directives (2004/67/EC and 2005/89/EC) and establishment of a Security of Supply Group (both for gas and electricity). The summary of the answers was presented at the Mar 2008 PHLG meeting. In Sep 2008, the PHLG welcomed the Secretariat’s proposal  and decided to propose it to the Ministerial Council for adoption. The Ministerial Council enacted the Procedural act No 2008/02/MC-EnC on 11 Dec 2008. 

The Security of Supply Coordination Group has the task to facilitate the coordination of security of supply measures. In addition to updates of the security of supply statements, the Group is expected to support the Parties in the preparation and updating of national emergency measures. Its work may also relate to mutual assistance measures as well as handling of unilateral safeguard measures.

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