What has the European Community (European Union) been able to do in the area of energy, before the Lisbon Treaty or a later treaty creates a specific policy area and a legal base for legislation according to the ordinary legislative procedure?
We present some materials on and links to EU energy policy, an area as hot as any right now, but also of fundamental strategic importance for the future of Europe.
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European Coal and Steel Community (ECSC)
Energy was present at the birth of institutionalised European integration in the shape of the first Community, the European Coal and Steel Community (ECSC), which was proposed by the French Foreign Minister Robert Schuman. The Schuman Declaration of 9th May 1950 is the reason why 9 May is commemorated annually as Europe Day. The ECSC Treaty was concluded for 50 years, and it expired in July 2002.
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Euratom
There were two Treaties of Rome, signed in March 1957. One was the Treaty establishing the European Economic Community (EEC), which with a broader scope became the European Community (EC). Nowadays official papers and some lawyers seem to be the only ones who remember that there is such an entity. In daily use the European Union has become the main concept, under which the European Community has been subsumed as part of the so called first pillar (Community pillar). The Lisbon Treaty would officially integrate the European Union, which would take over the legal personality of the EC.
The second Treaty of Rome was the European Atomic Energy Community (EAEC or Euratom), which still functions, although it is rarely heard of.
The Commission’s Scadplus web page Treaty establishing the European Atomic Energy Community (Euratom) offers an overview of the treaty and the aims of Euratom:
http://europa.eu/scadplus/treaties/euratom_en.htm
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Euratom Treaty
During the course of more than five decades, the various treaty reforms have led to technical adaptations of the Euratom Treaty, but it has not been substantially reformed.
Euratom: Lisbon Treaty Declaration
This was pointed out in a Declaration attached to the Treaty of Lisbon, Declaration 54 by the Federal Republic of Germany, Ireland, the Republic of Hungary, the Republic of Austria and the Kingdom of Sweden:
Germany, Ireland, Hungary, Austria and Sweden note that the core provisions of the Treaty establishing the European Atomic Energy Community have not been substantially amended since its entry into force and need to be brought up to date. They therefore support the idea of a Conference of the Representatives of the Governments of the Member States, which should be convened as soon as possible.
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Selected Euratom activities
The General Report on the Activities of the European Union 2007 offers some information about the activities of Euratom:
http://europa.eu/generalreport/en/rg2007en.pdf
The European Atomic Energy Community has its own Seventh Framework Programme for Research:
The seventh Euratom framework programme came into force on 1 January 2007 and will end on 31 December 2011. It covers research activities on fusion energy, nuclear fi ssion and radiation protection, the details of which are set out in a specific programme. In 2007 Estonia, Cyprus and Malta became members of the European Fusion Development Agreement, and are now invited to create transnational research units with other Euratom associations. Estonia has already created a research unit with Euratom’s Finnish association. A further specifi c programme deals with the Joint Research Centre’s nuclear activities.
On 27 March the Council adopted a decision establishing a joint European undertaking for ITER and the development of fusion energy. It will manage the contribution of the European Atomic Energy Community to the ITER International Fusion Energy Organisation. (Decision 2007/198/Euratom, OJEU 30.3.2007 L 90).
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Energy policy: sources
General Report
The General Report on the Activities of the European Union 2007 serves as a general introduction to energy policy in general and concerning specific energy sectors (page 84 to 88). (We can expect the 2008 General Report fairly soon.)
With its overviews of policy areas and its references to relevant documents the latest General Report is an excellent source for interested persons.
EU Bulletin
The Bulletin of the European Union documents the main events during the year in monthly instalments. The latest final version covers September 2008 (published 19 December 2008; page 84 to 86), but provisional versions with Section 25 Energy concerning October and November (published 18 December 2008) are also available here:
http://europa.eu/bulletin/en/welcome.htm
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Energy legislation
The Commission’s Scadplus web page Energy offers links to different aspects and sectors of energy policy, European energy policy, Internal energy market, Energy efficiency, Renewable energy, Nuclear energy and Security of supply, external dimension and enlargement, as well as the topical Tackling climate change:
http://europa.eu/scadplus/leg/en/s14000.htm
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Commission activities
The home page of the Commission’s Directorate-General Energy and Commissioner Andris Piebalgs offers an overview of the latest news and events as well as links to both general policy issues and sectoral information:
http://ec.europa.eu/energy/index_en.htm
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EU Council
Energy crisis: Russia and Ukraine
The Energy Ministers of the European Union met in an extraordinary Council meeting 12 January 2009 and reached the following conclusions on the interruption of gas supplies from Russia via Ukraine:
http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/trans/105292.pdf
The Ministers called on Russia and Ukraine to resolve their dispute, and recalled the efforts of the Czech Council Presidency to mediate, but the Conclusions also reflect a growing awareness of the need for strategic European action in order to improve the supply of energy and the functioning of the energy markets.
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European Parliament
One of the latest press releases from the European Parliament ahead of the debate on energy issues last Wednesday underlined the concerns of the MEPs:
http://www.europarl.europa.eu/pdfs/news/public/story/20090108STO45594/20090108STO45594_en.pdf
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Lisbon Treaty: Declaration 35
The previous blog post presented the new Title XXI Energy and the new Article 194 TFEU. The intergovernmental conference annexed the following joint Declaration (No 35) to the Lisbon Treaty:
35. Declaration on Article 194 of the Treaty on the Functioning of the European Union
The Conference believes that Article 194 does not affect the right of the Member States to take the necessary measures to ensure their energy supply under the conditions provided for in Article 347.
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Although Declaration 35 states that the member states have a right to take necessary measures, the thrust of Article 347 TFEU is to invite the member states to consult with each other and to find common solutions in case of serious disturbances:
Article 347 TFEU
(ex Article 297 TEC)
Member States shall consult each other with a view to taking together the steps needed to prevent the functioning of the internal market being affected by measures which a Member State may be called upon to take in the event of serious internal disturbances affecting the maintenance of law and order, in the event of war, serious international tension constituting a threat of war, or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.
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Growing awareness
There is growing awareness that the European Union needs to move quickly and decisively on energy policy in order to enhance energy supply and security, to secure alternative sources and supply routes and to improve interconnection between national energy markets.
Quick ratification of the Lisbon Treaty would improve the decision-making capacity of the European Union and promote the much needed spirit of solidarity between the member states and EU citizens.
The ratification is one action of solidarity the Czech Republic and Poland’s President Lech Kaczynski should accomplish without delay. The Irish people should join in as soon as they are given the chance, for the sake of Europe’s future and Ireland’s future in Europe.
Ralf Grahn
Showing posts with label 194 TFEU. Show all posts
Showing posts with label 194 TFEU. Show all posts
Saturday, 17 January 2009
EU Law: Energy and solidarity
Without heating in the middle of the winter! Freezing Europeans in the 21st century!
The supply of gas interrupted by the conflict between Russia and Ukraine has done as much to convince citizens of the European Union of the need for more Europe as the financial sector turmoil and the economic recession, with efforts at concerted action and the Eurozone somewhat sheltered from the worst effects.
The EU Treaty of Lisbon reflects the growing realisation that the European Union needs effective tools to improve the energy markets internally and to act decisively on the international arena.
Compared with the stranded Constitutional Treaty, the new Energy Title of Lisbon Treaty evokes a much needed spirit of solidarity between the member states.
In addition, energy is at the heart of mankind’s efforts to combat climate change. Without the European Union as lead player, the global efforts would be even more inadequate than at present. This challenge calls for global solidarity.
We look at the new treaty level provision on energy.
***
TEC
There is no Title on energy and no specific Article in the current Treaty establishing the European Community (TEC). Cf. the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E.
This does not mean that the European Community has not become active, but in the absence of a specific legal base legislative measures depend on competence in related policy areas or on the so called flexibility clause, Article 308 TEC, which requires unanimous Council decisions and relegates the European Parliament to being only consulted.
In other words, not the most promising setting for effective action.
***
Draft Constitution
Mindful of the need, the European Convention proposed a new Article III-157 on energy in 2003.
***
Constitutional Treaty
The proposed provision was taken over by the intergovernmental conference in 2004. But Article III-256 of the Constitutional Treaty became one of the casualties of the stalled ratification processes and the prolonged wait for a new treaty.
.
***
Original Lisbon Treaty (ToL)
Article 2, point 147 inserted a new Title XX Energy and a new Article 176a (OJEU 17.12.2007 C 306/88):
ENERGY
147) Title XX shall be replaced by the following new Title and new Article 176 A:
‘TITLE XX
ENERGY
Article 176 A
1. In the context of the establishment and functioning of the internal market and with regard for the need to preserve and improve the environment, Union policy on energy shall aim, in a spirit of solidarity between Member States, to:
(a) ensure the functioning of the energy market;
(b) ensure security of energy supply in the Union; and
(c) promote energy efficiency and energy saving and the development of new and renewable forms of energy; and
(d) promote the interconnection of energy networks.
2. Without prejudice to the application of other provisions of the Treaties, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the measures necessary to achieve the objectives in paragraph 1. Such measures shall be adopted after consultation of the Economic and Social Committee and the Committee of the Regions.
Such measures shall not affect a Member State's right to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply, without prejudice to Article 175(2)(c).
3. By way of derogation from paragraph 2, the Council, acting in accordance with a special legislative procedure, shall unanimously and after consulting the European Parliament, establish the measures referred to therein when they are primarily of a fiscal nature.’.
***
Renumbering the Treaty of Lisbon (ToL)
The Table of equivalences of the original Treaty of Lisbon tells us that the new Title XX Environment in the TFEU (ToL) was renumbered Title XXI Energy in the consolidated version of the Lisbon Treaty.
Article 176a TFEU (ToL) was renumbered Article 194 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/218).
***
Lisbon Treaty consolidated
Article 194 TFEU
After renumbering the Article and the referral, Article 193 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/134):
TITLE XXI
ENERGY
Article 194 TFEU
1. In the context of the establishment and functioning of the internal market and with regard for the need to preserve and improve the environment, Union policy on energy shall aim, in a spirit of solidarity between Member States, to:
(a) ensure the functioning of the energy market;
(b) ensure security of energy supply in the Union;
(c) promote energy efficiency and energy saving and the development of new and renewable forms of energy; and
(d) promote the interconnection of energy networks.
2. Without prejudice to the application of other provisions of the Treaties, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the measures necessary to achieve the objectives in paragraph 1. Such measures shall be adopted after consultation of the Economic and Social Committee and the Committee of the Regions.
Such measures shall not affect a Member State's right to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply, without prejudice to Article 192(2)(c).
3. By way of derogation from paragraph 2, the Council, acting in accordance with a special legislative procedure, shall unanimously and after consulting the European Parliament, establish the measures referred to therein when they are primarily of a fiscal nature.
***
Improvements by the Lisbon Treaty
The Lisbon Treaty added the guiding principle ‘in a spirit of solidarity between Member States’, a spirit much in demand at the moment.
But noble thoughts are more easily put into practice if the tools for effective decision-making are in place. The ordinary legislative procedure is adopted by the Lisbon Treaty, in line with the draft Constitution and the Constitutional Treaty.
At the end of the day, this is one of the reasons why the Treaty of Lisbon (with all its imperfections) should be ratified as a step towards an EU capable of promoting the interests of its citizens.
Ralf Grahn
The supply of gas interrupted by the conflict between Russia and Ukraine has done as much to convince citizens of the European Union of the need for more Europe as the financial sector turmoil and the economic recession, with efforts at concerted action and the Eurozone somewhat sheltered from the worst effects.
The EU Treaty of Lisbon reflects the growing realisation that the European Union needs effective tools to improve the energy markets internally and to act decisively on the international arena.
Compared with the stranded Constitutional Treaty, the new Energy Title of Lisbon Treaty evokes a much needed spirit of solidarity between the member states.
In addition, energy is at the heart of mankind’s efforts to combat climate change. Without the European Union as lead player, the global efforts would be even more inadequate than at present. This challenge calls for global solidarity.
We look at the new treaty level provision on energy.
***
TEC
There is no Title on energy and no specific Article in the current Treaty establishing the European Community (TEC). Cf. the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E.
This does not mean that the European Community has not become active, but in the absence of a specific legal base legislative measures depend on competence in related policy areas or on the so called flexibility clause, Article 308 TEC, which requires unanimous Council decisions and relegates the European Parliament to being only consulted.
In other words, not the most promising setting for effective action.
***
Draft Constitution
Mindful of the need, the European Convention proposed a new Article III-157 on energy in 2003.
***
Constitutional Treaty
The proposed provision was taken over by the intergovernmental conference in 2004. But Article III-256 of the Constitutional Treaty became one of the casualties of the stalled ratification processes and the prolonged wait for a new treaty.
.
***
Original Lisbon Treaty (ToL)
Article 2, point 147 inserted a new Title XX Energy and a new Article 176a (OJEU 17.12.2007 C 306/88):
ENERGY
147) Title XX shall be replaced by the following new Title and new Article 176 A:
‘TITLE XX
ENERGY
Article 176 A
1. In the context of the establishment and functioning of the internal market and with regard for the need to preserve and improve the environment, Union policy on energy shall aim, in a spirit of solidarity between Member States, to:
(a) ensure the functioning of the energy market;
(b) ensure security of energy supply in the Union; and
(c) promote energy efficiency and energy saving and the development of new and renewable forms of energy; and
(d) promote the interconnection of energy networks.
2. Without prejudice to the application of other provisions of the Treaties, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the measures necessary to achieve the objectives in paragraph 1. Such measures shall be adopted after consultation of the Economic and Social Committee and the Committee of the Regions.
Such measures shall not affect a Member State's right to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply, without prejudice to Article 175(2)(c).
3. By way of derogation from paragraph 2, the Council, acting in accordance with a special legislative procedure, shall unanimously and after consulting the European Parliament, establish the measures referred to therein when they are primarily of a fiscal nature.’.
***
Renumbering the Treaty of Lisbon (ToL)
The Table of equivalences of the original Treaty of Lisbon tells us that the new Title XX Environment in the TFEU (ToL) was renumbered Title XXI Energy in the consolidated version of the Lisbon Treaty.
Article 176a TFEU (ToL) was renumbered Article 194 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/218).
***
Lisbon Treaty consolidated
Article 194 TFEU
After renumbering the Article and the referral, Article 193 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/134):
TITLE XXI
ENERGY
Article 194 TFEU
1. In the context of the establishment and functioning of the internal market and with regard for the need to preserve and improve the environment, Union policy on energy shall aim, in a spirit of solidarity between Member States, to:
(a) ensure the functioning of the energy market;
(b) ensure security of energy supply in the Union;
(c) promote energy efficiency and energy saving and the development of new and renewable forms of energy; and
(d) promote the interconnection of energy networks.
2. Without prejudice to the application of other provisions of the Treaties, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the measures necessary to achieve the objectives in paragraph 1. Such measures shall be adopted after consultation of the Economic and Social Committee and the Committee of the Regions.
Such measures shall not affect a Member State's right to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply, without prejudice to Article 192(2)(c).
3. By way of derogation from paragraph 2, the Council, acting in accordance with a special legislative procedure, shall unanimously and after consulting the European Parliament, establish the measures referred to therein when they are primarily of a fiscal nature.
***
Improvements by the Lisbon Treaty
The Lisbon Treaty added the guiding principle ‘in a spirit of solidarity between Member States’, a spirit much in demand at the moment.
But noble thoughts are more easily put into practice if the tools for effective decision-making are in place. The ordinary legislative procedure is adopted by the Lisbon Treaty, in line with the draft Constitution and the Constitutional Treaty.
At the end of the day, this is one of the reasons why the Treaty of Lisbon (with all its imperfections) should be ratified as a step towards an EU capable of promoting the interests of its citizens.
Ralf Grahn
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