EU plans to reform Energy Charter Treaty falling short, activists say

Basic information
Date of placement
9
0
0

An updated European Commission proposal to reform the Energy Charter Treaty is falling short of what’s needed to reinstate governments’ “right to regulate” in areas like climate change, activists say.

EURACTIV

An updated European Commission proposal to reform the Energy Charter Treaty is falling short of what’s needed to reinstate governments’ “right to regulate” in areas like climate change, activists say.

EU member states gave the European Commission a mandate last year to revise the 1991 Energy Charter Treaty, which has faced mounting criticism for putting the interests of fossil fuel firms over workers’ rights and the environment.

The Energy Charter’s initial objective was to shield oil and gas companies from “political risk” when investing in the former communist bloc after the collapse of the Soviet Union in the early 1990s.

But the treaty has since backfired on governments, which have faced a growing number of lawsuits by energy firms when their investments plans were frustrated by regulators.

Russia, then Italy, pulled out of the treaty after being slapped with heavy fines by private arbitration tribunals, themselves the subject of growing criticism.

The European Commission proposed reforming the charter last year, calling it “outdated”, notably when it comes to the controversial Investment-State Dispute Settlement (ISDS) clause.

After several rounds of talks with EU member states, the Commission has now come up with an updated proposal. The new text, obtained by EURACTIV, aims to strengthen provisions related to the ISDS mechanism.

“Following requests by several member states, the text now includes a new provision explicitly referring to the future application of a Multilateral Investment Court” that would be competent to rule on ECT-related disputes, the Commission writes in an explanatory note accompanying its proposal.

The revised text also makes it “explicit that a future Multilateral Investment Court can be used to settle disputes between Contracting Parties and investors,” the note says.

Other new provisions relate to protection against “frivolous claims” by investors and greater transparency rules related to state-to-state disputes.

Lacking teeth

But activists say those principles, although commendable, lack teeth.

In particular, new provisions on dispute settlement are “without much value as the ECT would continue to allow investors to ask for millions or even billions in compensation” in private arbitration courts when public policies affect investors’ profits, says Friends of the Earth, an environmental group.

Specifically, the revised proposal “doesn’t propose any significant limitations to the far-reaching investor rights related to Fair and Equitable Treatment (FET), Legitimate Expectations and Most Favoured Nations (MFN),” the NGO argues.

According to Friends of the Earth, the reforms suggested by the Commission “will not end the increasing number of ECT based ISDS cases and tax payers will continue to pay for the costs when claims are awarded or parties settle the case”.

Luxembourg leads EU push to climate-proof Energy Charter Treaty

Luxembourg will push for a deep reform of the Energy Charter Treaty at EU level in order to align it with global climate objectives, said the country’s energy minister Claude Turmes, who did not rule out scrapping the treaty altogether if reform talks don’t progress fast enough.

Multilateral Investment Court

The European Commission spent much time and effort putting together a proposal for a Multilateral Investment Court in a bid to ward off criticism about the EU-Canada trade agreement, known as CETA.

The new court, which would be open for all interested countries to join, represents “a major departure” from the current system of investor-to-state dispute settlement (ISDS) based on ad hoc commercial arbitration, the Commission says.

But Friends of the Earth says the Commission’s updated energy charter reform “falls short” of what the EU has included in CETA and its proposal for a Multilateral Investment Court.

In particular, it says the EU “doesn’t propose an appeal mechanism that could make decisions of tribunals more coherent. It also doesn’t replace for-profit arbitrators by judges with a fixed salary nor does it make other proposals to end conflicts of interest of arbitrators.”

Ultimately, the charter could also hinder efforts to promote renewables and energy efficiency: investment in fossil fuels would still be protected, which Friends of the Earth says “is fundamentally in contradiction with plans to achieve a carbon neutral economy.”

“The current ECT doesn’t allow that and the EU doesn’t make any proposal to change that,” the NGO says.

Europe’s Green Deal is under threat from Energy Charter Treaty

The EU and its member states should collectively withdraw from the Energy Charter Treaty, which protects fossil fuel investments, and go to the UN Climate Summit in New York with a call to develop a ‘Treaty for the Non-Proliferation of Fossil Fuels’, argues Yamina Saheb.

> Read the full text of the Commission proposal below or download here. A detailed note from Friends of the Earth assessing the Commission’s updated text is available here.

EU Proposal for ECT Modernisation V2

(0)
0.0
Dislike 0
ОТН 0
Like 0

News list


15:50 Home prices in NL to increase 4% this year: ABN Amro
15:43 ‘Artefact detectives’ in Iraq aim to end the theft of their history
15:39 Archaeologists & filmmakers dig up the past of UAE’s Shamash temple
15:30 Moderation
15:05 [Ticker] Sweden halts Iran Air flights after crash
15:01 Middle East crisis: EU's delicate balancing act between Washington and Tehran
15:00 Dutch soldiers in Iraq safe, together, Defense Min. says
14:59 Outrage over reports EU-funding linked to forced labour in Eritrea
14:45 Meeting between the College of Commissioners and the Members of the Parliamentary Groups
14:33 [Ticker] Spanish court: EP must end Catalan MEP immunity
14:10 Boy, 10, randomly assaulted by woman on Haarlem street
14:01 Dutch cabinet now in favor of new fireworks limits and regulations
14:00 Girls more likely to be harassed, stalked online
13:51 2nd EU Clean Air Forum (Bratislava, 28-29 November 2019) - Part 2/3
13:49 [Ticker] Orban to offer free IVF in anti-immigrant move
13:27 Hate speech has 'no place' in Austria, says Kurz, after Bosnian-born minister receives abuse
13:20 Dutch car rolls in Belgium; deceased victims discovered hours later
13:00 Trump proposes 'NATOME': NATO expanded to MidEast
12:35 Lack of career prospects leaves care workers to quit, says report
12:35 Singer songwriter Jeangu Macrooy is Dutch Eurovision entry- AD
12:35 Defrosted kingfisher rejoins museum collection of dead animals
12:35 Saba again present at Holiday Fair - Saba News
12:35 Politicians should take responsibility for their own laws, says legal chief
12:35 ChristenUnie calls for firework clubs, backs ban on consumer sales
12:35 Good weather will bring clear views of partial lunar eclipse
12:35 'Explosive' growth in Amsterdam hotels despite stricter limits
12:35 More violent incidents at New Year, but fewer people are arrested
12:30 Number of hotels in Amsterdam region skyrocketing: report
12:05 [Ticker] Von der Leyen: 'Influential' EU means talk and trade
12:00 Pope Francis: "US-Iran tensions threaten rebuilding of Iraq"
11:40 More than 9,300 incidents over New Year's: police
11:30 Friends of plane crash victims mourn loss
11:21 EC Midday press briefing of 10/01/2020
11:20 2nd EU Clean Air Forum (Bratislava, 28-29 November 2019) - Part 1/3
11:18 Croatian Presidency of EU Council: press conference opening remarks by President von der Leyen
11:15 Croatian Presidency of EU Council: opening remarks by Croatian Prime Minister and President of EC
11:00 DUTCH RAILROAD CROSSING - Geldermalsen - Voetakkerweg
11:00 DUTCH RAILROAD CROSSING - Prinsenbeek - Spoorstraat
10:50 Girl, 10, dies after falling from asylum center's window
10:43 Compilatie 24H ‘Ontdek je stad’ 2019
10:32 Ontdek Amerfoort #Citytrip
10:26 UK accused of 'behaving like cowboys' over EU database copying
10:26 Men in west London have highest male life expectancy in EU - Life expectancy
10:24 Ursula Von Der Leyen and Croatian PM Andrej Plenkovic talk to the press | LIVE
10:00 Car with possible explosives found in Gelderland town; link with ATM bombing investigated
09:40 Viktor Orbán threatens new Europe grouping to rival 'weaker' EPP
09:39 Stockpiling for the New Year
09:37 European ministers meet to salvage Iran nuclear deal
09:35 President von der Leyen meets with Andrej Plenkovic, Croatian Prime Minister
09:30 Dutch Listening Practice - Talking About a School Trip in the Netherlands
09:28 [Ticker] Johnson suggests Iran crash was 'unintentional' missile
09:22 In Myanmar Armys Corner, Aung San Suu Kyi Will Defend It in Rohingya Genocide Case
09:16 Trudeau: Canadians deserve answers on plane crash
09:10 Man, 68, arrested for taping jerry can to Leeuwarden train
09:09 Iran denies that it brought down Ukrainian plane with a missile
08:49 Ask Our Astronaut | What's next in space exploration?
08:18 8 teams who saw their seasons ruined by international breaks
08:17 Judiciary Council calls politicians to stop blaming judges for unpleasant rulings
07:45 Iranian missile caused crash of Ukrainian Boeing 737: Officials
07:39 House of Commons passes Brexit bill for UK departure from EU on January 31
07:37 Gay, bisexual young people over twice as likely to be harassed, stalked online
07:01 Canadian PM called PM Rutte about MH17 after Tehran plane crash
06:37 Only let specialized clubs light fireworks, coalition party says
06:27 [Ticker] Swiss afraid of EU wage dumping
06:25 [Ticker] Orban to start new EU movement if kicked out of EPP
06:24 [Ticker] EU blasts Israeli settlements on 'occupied' land
06:15 Croatian PM Optimistic About EU Talks For North Macedonia, Albania
06:10 ABN Amro names PwC's former Dutch chairman as new CEO
06:07 South Mississippi Strong- Mag Holland is an angel devoted to helping others
06:04 MEPs slam UK for violating EU police database
06:03 EU regions: don’t touch cohesion funds for Green Deal
06:02 [Opinion] Europe, Scotland and Brexit - what next?
06:02 [Ticker] Brexit back on EU presidency agenda next week
06:01 [Ticker] President of European Court of Justice lambasts Poland
06:01 [Ticker] Athens asks for US help in east Mediterranean
06:01 [Ticker] Ukraine investigators want to search Iran plane crash site
04:32 How polluted is the air where you live?
04:14 Poisonous caterpillar to strike earlier than usual this year

11:18 Croatian Presidency of EU Council: press conference opening remarks by President von der Leyen
10:50 Girl, 10, dies after falling from asylum center's window
10:43 Compilatie 24H ‘Ontdek je stad’ 2019
09:35 President von der Leyen meets with Andrej Plenkovic, Croatian Prime Minister
09:28 [Ticker] Johnson suggests Iran crash was 'unintentional' missile
07:45 Iranian missile caused crash of Ukrainian Boeing 737: Officials
07:37 Gay, bisexual young people over twice as likely to be harassed, stalked online
06:24 [Ticker] EU blasts Israeli settlements on 'occupied' land
04:14 Poisonous caterpillar to strike earlier than usual this year
14:10 Boy, 10, randomly assaulted by woman on Haarlem street
13:51 2nd EU Clean Air Forum (Bratislava, 28-29 November 2019) - Part 2/3
13:20 Dutch car rolls in Belgium; deceased victims discovered hours later
11:40 More than 9,300 incidents over New Year's: police
11:20 2nd EU Clean Air Forum (Bratislava, 28-29 November 2019) - Part 1/3
10:32 Ontdek Amerfoort #Citytrip
09:40 Viktor Orbán threatens new Europe grouping to rival 'weaker' EPP
09:16 Trudeau: Canadians deserve answers on plane crash
09:10 Man, 68, arrested for taping jerry can to Leeuwarden train
09:09 Iran denies that it brought down Ukrainian plane with a missile
07:01 Canadian PM called PM Rutte about MH17 after Tehran plane crash
06:37 Only let specialized clubs light fireworks, coalition party says
06:15 Croatian PM Optimistic About EU Talks For North Macedonia, Albania
06:01 [Ticker] President of European Court of Justice lambasts Poland
06:01 [Ticker] Ukraine investigators want to search Iran plane crash site
15:50 Home prices in NL to increase 4% this year: ABN Amro
15:43 ‘Artefact detectives’ in Iraq aim to end the theft of their history
15:39 Archaeologists & filmmakers dig up the past of UAE’s Shamash temple
15:30 Moderation
15:05 [Ticker] Sweden halts Iran Air flights after crash
15:01 Middle East crisis: EU's delicate balancing act between Washington and Tehran
15:00 Dutch soldiers in Iraq safe, together, Defense Min. says
14:59 Outrage over reports EU-funding linked to forced labour in Eritrea
14:45 Meeting between the College of Commissioners and the Members of the Parliamentary Groups
14:33 [Ticker] Spanish court: EP must end Catalan MEP immunity
14:01 Dutch cabinet now in favor of new fireworks limits and regulations
14:00 Girls more likely to be harassed, stalked online
13:49 [Ticker] Orban to offer free IVF in anti-immigrant move
13:27 Hate speech has 'no place' in Austria, says Kurz, after Bosnian-born minister receives abuse
13:00 Trump proposes 'NATOME': NATO expanded to MidEast
12:35 Lack of career prospects leaves care workers to quit, says report
12:35 Singer songwriter Jeangu Macrooy is Dutch Eurovision entry- AD
12:35 Defrosted kingfisher rejoins museum collection of dead animals
12:35 Saba again present at Holiday Fair - Saba News
12:35 Politicians should take responsibility for their own laws, says legal chief
12:35 ChristenUnie calls for firework clubs, backs ban on consumer sales
12:35 Good weather will bring clear views of partial lunar eclipse
12:35 'Explosive' growth in Amsterdam hotels despite stricter limits
12:35 More violent incidents at New Year, but fewer people are arrested
12:30 Number of hotels in Amsterdam region skyrocketing: report
12:05 [Ticker] Von der Leyen: 'Influential' EU means talk and trade
12:00 Pope Francis: "US-Iran tensions threaten rebuilding of Iraq"
11:30 Friends of plane crash victims mourn loss
11:21 EC Midday press briefing of 10/01/2020
11:15 Croatian Presidency of EU Council: opening remarks by Croatian Prime Minister and President of EC
11:00 DUTCH RAILROAD CROSSING - Geldermalsen - Voetakkerweg
11:00 DUTCH RAILROAD CROSSING - Prinsenbeek - Spoorstraat
10:26 UK accused of 'behaving like cowboys' over EU database copying
10:26 Men in west London have highest male life expectancy in EU - Life expectancy
10:24 Ursula Von Der Leyen and Croatian PM Andrej Plenkovic talk to the press | LIVE
10:00 Car with possible explosives found in Gelderland town; link with ATM bombing investigated
09:39 Stockpiling for the New Year
09:37 European ministers meet to salvage Iran nuclear deal
09:30 Dutch Listening Practice - Talking About a School Trip in the Netherlands
09:22 In Myanmar Armys Corner, Aung San Suu Kyi Will Defend It in Rohingya Genocide Case
08:49 Ask Our Astronaut | What's next in space exploration?
08:18 8 teams who saw their seasons ruined by international breaks
08:17 Judiciary Council calls politicians to stop blaming judges for unpleasant rulings
07:39 House of Commons passes Brexit bill for UK departure from EU on January 31
06:27 [Ticker] Swiss afraid of EU wage dumping
06:25 [Ticker] Orban to start new EU movement if kicked out of EPP
06:10 ABN Amro names PwC's former Dutch chairman as new CEO
06:07 South Mississippi Strong- Mag Holland is an angel devoted to helping others
06:04 MEPs slam UK for violating EU police database
06:03 EU regions: don’t touch cohesion funds for Green Deal
06:02 [Opinion] Europe, Scotland and Brexit - what next?
06:02 [Ticker] Brexit back on EU presidency agenda next week
06:01 [Ticker] Athens asks for US help in east Mediterranean
04:32 How polluted is the air where you live?

15:50 Home prices in NL to increase 4% this year: ABN Amro
15:43 ‘Artefact detectives’ in Iraq aim to end the theft of their history
15:39 Archaeologists & filmmakers dig up the past of UAE’s Shamash temple
15:30 Moderation
15:05 [Ticker] Sweden halts Iran Air flights after crash
15:01 Middle East crisis: EU's delicate balancing act between Washington and Tehran
15:00 Dutch soldiers in Iraq safe, together, Defense Min. says
14:59 Outrage over reports EU-funding linked to forced labour in Eritrea
14:45 Meeting between the College of Commissioners and the Members of the Parliamentary Groups
14:33 [Ticker] Spanish court: EP must end Catalan MEP immunity
14:10 Boy, 10, randomly assaulted by woman on Haarlem street
14:01 Dutch cabinet now in favor of new fireworks limits and regulations
14:00 Girls more likely to be harassed, stalked online
13:51 2nd EU Clean Air Forum (Bratislava, 28-29 November 2019) - Part 2/3
13:49 [Ticker] Orban to offer free IVF in anti-immigrant move
13:27 Hate speech has 'no place' in Austria, says Kurz, after Bosnian-born minister receives abuse
13:20 Dutch car rolls in Belgium; deceased victims discovered hours later
13:00 Trump proposes 'NATOME': NATO expanded to MidEast
12:35 Lack of career prospects leaves care workers to quit, says report
12:35 Singer songwriter Jeangu Macrooy is Dutch Eurovision entry- AD
12:35 Defrosted kingfisher rejoins museum collection of dead animals
12:35 Saba again present at Holiday Fair - Saba News
12:35 Politicians should take responsibility for their own laws, says legal chief
12:35 ChristenUnie calls for firework clubs, backs ban on consumer sales
12:35 Good weather will bring clear views of partial lunar eclipse
12:35 'Explosive' growth in Amsterdam hotels despite stricter limits
12:35 More violent incidents at New Year, but fewer people are arrested
12:30 Number of hotels in Amsterdam region skyrocketing: report
12:05 [Ticker] Von der Leyen: 'Influential' EU means talk and trade
12:00 Pope Francis: "US-Iran tensions threaten rebuilding of Iraq"
11:40 More than 9,300 incidents over New Year's: police
11:30 Friends of plane crash victims mourn loss
11:21 EC Midday press briefing of 10/01/2020
11:20 2nd EU Clean Air Forum (Bratislava, 28-29 November 2019) - Part 1/3
11:18 Croatian Presidency of EU Council: press conference opening remarks by President von der Leyen
11:15 Croatian Presidency of EU Council: opening remarks by Croatian Prime Minister and President of EC
11:00 DUTCH RAILROAD CROSSING - Geldermalsen - Voetakkerweg
11:00 DUTCH RAILROAD CROSSING - Prinsenbeek - Spoorstraat
10:50 Girl, 10, dies after falling from asylum center's window
10:43 Compilatie 24H ‘Ontdek je stad’ 2019
10:32 Ontdek Amerfoort #Citytrip
10:26 UK accused of 'behaving like cowboys' over EU database copying
10:26 Men in west London have highest male life expectancy in EU - Life expectancy
10:24 Ursula Von Der Leyen and Croatian PM Andrej Plenkovic talk to the press | LIVE
10:00 Car with possible explosives found in Gelderland town; link with ATM bombing investigated
09:40 Viktor Orbán threatens new Europe grouping to rival 'weaker' EPP
09:39 Stockpiling for the New Year
09:37 European ministers meet to salvage Iran nuclear deal
09:35 President von der Leyen meets with Andrej Plenkovic, Croatian Prime Minister
09:30 Dutch Listening Practice - Talking About a School Trip in the Netherlands
09:28 [Ticker] Johnson suggests Iran crash was 'unintentional' missile
09:22 In Myanmar Armys Corner, Aung San Suu Kyi Will Defend It in Rohingya Genocide Case
09:16 Trudeau: Canadians deserve answers on plane crash
09:10 Man, 68, arrested for taping jerry can to Leeuwarden train
09:09 Iran denies that it brought down Ukrainian plane with a missile
08:49 Ask Our Astronaut | What's next in space exploration?
08:18 8 teams who saw their seasons ruined by international breaks
08:17 Judiciary Council calls politicians to stop blaming judges for unpleasant rulings
07:45 Iranian missile caused crash of Ukrainian Boeing 737: Officials
07:39 House of Commons passes Brexit bill for UK departure from EU on January 31
07:37 Gay, bisexual young people over twice as likely to be harassed, stalked online
07:01 Canadian PM called PM Rutte about MH17 after Tehran plane crash
06:37 Only let specialized clubs light fireworks, coalition party says
06:27 [Ticker] Swiss afraid of EU wage dumping
06:25 [Ticker] Orban to start new EU movement if kicked out of EPP
06:24 [Ticker] EU blasts Israeli settlements on 'occupied' land
06:15 Croatian PM Optimistic About EU Talks For North Macedonia, Albania
06:10 ABN Amro names PwC's former Dutch chairman as new CEO
06:07 South Mississippi Strong- Mag Holland is an angel devoted to helping others
06:04 MEPs slam UK for violating EU police database
06:03 EU regions: don’t touch cohesion funds for Green Deal
06:02 [Opinion] Europe, Scotland and Brexit - what next?
06:02 [Ticker] Brexit back on EU presidency agenda next week
06:01 [Ticker] President of European Court of Justice lambasts Poland
06:01 [Ticker] Athens asks for US help in east Mediterranean
06:01 [Ticker] Ukraine investigators want to search Iran plane crash site
04:32 How polluted is the air where you live?
04:14 Poisonous caterpillar to strike earlier than usual this year
I agree and close
x Cookies text