Rozhodnutí Evropského parlamentu a Rady (EU) 2025/1904 ze dne 10. září 2025 o schválení Dohody o výkladu a provádění Smlouvy o energetické chartě Unií

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 194 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social CommitteeOpinion of 4 December 2024 (OJ C, C/2025/776, 11.2.2025, ELI: http://data.europa.eu/eli/C/2025/776/oj). ,

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedurePosition of the European Parliament of 18 June 2025 (not yet published in the Official Journal) and decision of the Council of 8 July 2025 . ,

The Agreement on the interpretation and application of the Energy Charter Treaty accompanying this Decision is hereby approved.

Opinion of 4 December 2024 (OJ C, C/2025/776, 11.2.2025, ELI: http://data.europa.eu/eli/C/2025/776/oj).

(1) In its judgment of 2 September 2021 in case C-741/19Judgment of the Court of Justice of 2 September 2021 , Republic of Moldova v Komstroy , C-741/19, ECLI:EU:C:2021:655, paragraph 66. , Republic of Moldova v Komstroy (the Komstroy judgment), the Court of Justice of the European Union (CJEU) held that Article 26(2), point (c), of the Energy Charter Treaty, approved on behalf of the European Communities by Council and Commission Decision 98/181/EC, ECSC, EuratomCouncil and Commission Decision 98/181/EC, ECSC, Euratom of 23 September 1997 on the conclusion, by the European Communities, of the Energy Charter Treaty and the Energy Charter Protocol on energy efficiency and related environmental aspects (OJ L 69, 9.3.1998, p. 1 , ELI: http://data.europa.eu/eli/dec/1998/181/oj). , is to be interpreted as not being applicable to disputes between a Member State and an investor of another Member State concerning an investment made by that investor in the first Member State, i.e. intra-EU disputes.

(2) Despite the Komstroy judgment, arbitral tribunals have continued to accept jurisdiction and to issue awards in intra-EU arbitration proceedings which are purportedly based on Article 26(2), point (c), of the Energy Charter Treaty. According to the CJEU, any such award is incompatible with Union law, in particular Articles 267 and 344 of the Treaty on the Functioning of the European Union. Therefore, such awards cannot produce legal effects and the payment of compensation further to those awards cannot be enforced.

(3) The effective implementation of Union law is being undermined by the issuing of awards violating Union law in intra-EU arbitration proceedings. There is a risk of a conflict between the Treaties, on the one hand, and the Energy Charter Treaty as interpreted by some arbitral tribunals, on the other, which would, if confirmed by the courts of a third country, become a de facto legal conflict where such awards were circulating in the legal orders of third countries.

(4) According to the case law of the CJEU, the risk of a legal conflict is sufficient to render an international agreement incompatible with Union law. The risk of such a conflict between the Treaties and the Energy Charter Treaty should therefore be eliminated. The adoption of an instrument of international law, in the form of an agreement setting out the common understanding of the parties to that agreement on the non-applicability of Article 26 of the Energy Charter Treaty as a basis for intra-EU arbitration proceedings, would help to eliminate that risk.

(5) The Commission, on behalf of the Union, and the Member States have concluded negotiations on the terms of an agreement on the interpretation and application of the Energy Charter Treaty. The common understanding contained in that agreement has been reiterated in the Declaration on the legal consequences of the judgment of the Court of Justice in Komstroy and common understanding on the non-applicability of Article 26 of the Energy Charter Treaty as a basis for intra-EU arbitration proceedings of 26 June 2024 OJ L, 2024/2121, 6.8.2024, ELI: http://data.europa.eu/eli/declar/2024/2121/oj. .

(6) The Agreement on the interpretation and application of the Energy Charter Treaty should therefore be approved in order to enable its signature by the Union and to express the Union’s consent to be bound by it,

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Position of the European Parliament of 18 June 2025 (not yet published in the Official Journal) and decision of the Council of 8 July 2025 .

Article 1 Article 1

Article 2 Article 2

Judgment of the Court of Justice of 2 September 2021 , Republic of Moldova v Komstroy , C-741/19, ECLI:EU:C:2021:655, paragraph 66.

Council and Commission Decision 98/181/EC, ECSC, Euratom of 23 September 1997 on the conclusion, by the European Communities, of the Energy Charter Treaty and the Energy Charter Protocol on energy efficiency and related environmental aspects (OJ L 69, 9.3.1998, p. 1 , ELI: http://data.europa.eu/eli/dec/1998/181/oj).

OJ L, 2024/2121, 6.8.2024, ELI: http://data.europa.eu/eli/declar/2024/2121/oj.

HAVE ADOPTED THIS DECISION: