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Client Earth | 24 November 2022
European Parliament resolution ‘final nail in the coffin’ for Energy Charter Treaty
The European Parliament has adopted a resolution calling on the European Commission to initiate the process toward a coordinated exit of the EU from the Energy Charter Treaty.
The resolution states that the Parliament will consent to the EU withdrawal and urges all member states to support and ratify the ‘inter se’ agreement that would neutralise the sunset clause, which binds contracting parties to the treaty for 20 years after they leave.
Amandine Van Den Berghe, ClientEarth lawyer, said: “The European Parliament resolution has to be the final nail in the coffin for the Energy Charter Treaty in the EU. With Parliamentarians confirming they will not support the modernised agreement there is no way the reformed ECT will ever be adopted in the Union, and the EU and its member states cannot remain part of a treaty that fundamentally conflicts with EU law.
“The European Commission must heed this clear signal and that of the eight member states that don’t want to be part of this climate-wrecking agreement any longer. Proposing a full EU withdrawal is truly the only option. The sooner the Commission realises its hands are tied; the sooner European governments will be able to accelerate their climate plans without fear of retribution through the ECT.
“All governments in favour of withdrawal should pressure the Commission to urgently design a plan to leave the ECT and agree to end fossil fuel protection in the EU for good."
ClientEarth is a non-profit organisation that uses the law to create systemic change that protects the Earth for – and with – its inhabitants. We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account, and defend everyone’s right to a healthy world. From our offices in Europe, Asia and the USA we shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together.