MIME-Version: 1.0 Content-Location: file:///C:/8C696301/ARTICLE176A.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" [ARTICLE 176A]

ENERGY:

UK SURRENDERS DECISIONS OVER ITS GLOBAL ENERGY POLICY

TO EU COMMON ENERGY POLICY

BASED ON “SPIRIT OF SOLIDARITY”

[ARTICLE 176A]

 

 

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)<= /span>

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Policy Area: Treaty on the Functioning of the European Union, Part Three, Policies and Internal Actions of the Union, Title XX, Energy, Article 176A

 

Amendment:

Clause= 2, page 1, line 12, after ‘excluding’ insert –

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‘= ;(i) Article 2, paragraph 147, new Title XX and new Art= icle 176A TEC (TFEU), relating to energy; and

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(ii)’.

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<= st1:City w:st=3D"on">Lisb= on Treaty: =

“= ;ENERGY

147) Title XX shall be replaced by the following new Tit= le 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 interconnecti= on 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 cho= ice 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 aft= er consulting the European Parliament, establish the measures referred to ther= ein when they are primarily of a fiscal nature.".̶= 1;

 

Consolidated Treaty Article(s):

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Expl= anation:

The new Article 176A relates to the European Union’s massive push toward a harmonised = common energy policy. Such a move is anti-competitive in the global marketplace of energy resources and does nothing to serve in the interests of further liberalization of the energy market. Some research has suggested that the energy measures within the Lisbon Treaty may cost UK taxpayers up to £6 billion. The UK needs a truly global energy policy, not one determined and sanctioned by the EU.  

 

The EC treaty has not previously established an EU competency on energy. However, the EU has been shaping the energy sector through its competencies with regards to the internal market, competition policy and the environment. The Union ha= s been using its powers in other areas as the internal market and t= he environment to regulate energy policy issues. The 2007 Spring European Council <= span style=3D'mso-bidi-font-weight:bold'>adopted the EU Energy Action Plan for t= he period 2007-2009 which comprehends several priority actions concerning ener= gy efficiency, use of renewable energies, completion of the EU’s internal market for gas and electricity. The European Council has also stre= ssed “the need to enhance security of supply for the EU as well as for eac= h Member State.” It has called for the “development of a common approach to external energy policy.” All of this has rested upon the presumption that the Lisbon Treaty – or the provisions which should have come into force u= nder the original EU Constitution – would enable Member States to enact th= ose laws.

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The Lisbon Treaty introduces a new legal basis, allowing the Un= ion to establish measures relating to energy policy. The insertion in the Lisbon Treaty specifically on energy is a huge step forward towards the common ene= rgy policy. Energy is= one of the Union’s supposed “sha= red competences” with the Member States. The Member States will only be allowed to adopt legislation if the Union has not exercised its competence already. In brief, national governments would = only be able to legislate on policy areas on which the EU has decided not to.

 

The Uni= on gains the competency to direct the objectives of energy policy. Article 176 A (1) expressly states that energy policy should be carried out on the spurio= us grounds of a “spirit of solidarity” between Member States. The Union policy on energy aims to “ensure the functioning of the energy market, ensure security of energy supply, pro= mote energy efficiency and energy saving and the development of new and renewable forms of energy and to promote the interconnection of energy networks.̶= 1; The Lisbon Treaty allows the Union to direct= the objectives for energy policy.

 

It is clear that Lisbon will mean that the UK would be required to supply energy to (or share energy with) another Member State in the case of a crisis. Under Article 176A (2) measures on energy shall be adopted through the “ordinary legislative procedure” (co-decision) with the Cou= ncil acting by a QMV, after consultation of the Economic and Social Committee and the Committee of the Regions. Energy is an issue of vital national interest= and the UK will not be allow to veto damaging EU laws in this are= a. The Union will harmonise the functioning of the energy market. The Energy policy also incl= udes guaranteeing “security of energy supply.” The reference to solidarity is strengthened= by an amendment to Article 100 stating that “… the Council, on a proposal from = the Commission, may decide, in a spirit of solidarity between Member States, up= on the measures appropriate to the economic situation, in particular if severe difficulties arise in the supply of certain products, notably in the area of energy." The Council will act by QMV. This was a concession to Poland = which wanted guarantees that it would receive help from other Member States if th= eir energy supplies were cut off. It is not clear what the spirit of solidarity will entail for the UK= , but the UK would be requir= ed to supply energy to another = Member State in the case o= f a crisis.

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Moreover, the EU will decide how energy is produced and will
promote the interconnection of energy networks. Article 176 A (2) states that such measures “should not affect the right of a member state to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its en= ergy supply, without prejudice to Article 175 (2) (c )”. This article stat= es that decisions “significantly affecting a member state’s choice between different energy sources and the general structure of its energy supply” are to be adopted by unanimity. This is unacceptable for the = UK to accept these conditions – Parl= iament may be refused the right to act on any decision to implement either nuclear energy solutions and even worse, dispute the sovereignty of the UK̵= 7;s vast coal reserves. Even if the UK were allowed to maintain its position (which would be against the terms of = this provision), it will be heavily regulated by the European Union before it co= uld ever go ahead. Such provisions in the Treaty must be blocked, as an energy policy must be properly legislated for at Westminster. 

 

Under the terms of the Lisbon Treaty,= the basic control of national energy policy is actively being transferred from Member States to the EU. The Lisbon Treaty will have a huge impact on the ability for Britain to determine its own competitive energy policy.  This will prevent it of being able to guarantee flexibility to US contracts and interests in the UK, as it will for any other = Member State. This will le= ad to huge instability in (rather than guaranteeing) the security of supply and a= lso insecurities in the foreign policies of both the EU and the US in t= erms of their cooperation and agreements with oil-rich Middle Eastern countries.

 

In the interests of the United Kingdom, the Governmen= t must not accept those provisions on energy, their practical implications nor the right to legislate over those matters. The Government is already in urgent = need – as one analyst of UK coal policy has said – of supporting privately owned industry whose retention is in the nation’s security = and economic interest, supporting the implementation of less draconian environmental planning rules for sites of any proposed new mines (deep or opencast), embracing the rhetoric and policy of clean coal technology, and = supporting new clean coal stations. It also has intentions, as it has made clear, to develop a new basis for nuclear power stations. All of this, then, appears = to be greatly jeopardised by the fact that the Government has signed the Lisbon Treaty – built on a completely flawe= d anti-market European energy model which will deliver nothing but unaffordable price hik= es for the voters of this country. They will not be thankful, especially knowi= ng that the Government had been warned of this disaster before signing the Tre= aty.