Dodgy bits of the Lisbon treaty: energy policy

All posts on Lisbon

This is in response to a comment on another blog. The Lisbon treaty isn't dodgy on energy policy per se, what's a bit dodgy is that this is not the first time someone is claiming that Lisbon is important for energy policy when, as far as I can tell, it changes nothing.

So here, side-by-side are everything the EU treaties say about energy, before and after Lisbon. Before is taken from a consolidated copy of the treaties after Nice published by europa.eu and after is taken from a consolidated copy of the treaties after Lisbon published by the Institute of European Affairs (why I have to do the crappy work of putting this together is yet another reason to dislike the entire treaty process).

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Before	After
Article 3 1. For the purposes set out in Article 2, the activities of the Community shall include, as provided in this Treaty and in accordance with the timetable set out therein: (a) the prohibition, as between Member States, of customs duties and quantitative restrictions on the import and export of goods, and of all other measures having equivalent effect; ... (u) measures in the spheres of energy, civil protection and tourism.	2. Shared competence between the Union and the Member States applies in the following principal areas: (a) internal market; ... (i) energy;
No text	Article 122 1. Without prejudice to any other procedures provided for in the Treaties, the Council, on a proposal from the Commission, may decide, in a spirit of solidarity between Member States, upon 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.
Article 154 1. To help achieve the objectives referred to in Articles 14 and 158 and to enable citizens of the Union, economic operators and regional and local communities to derive full benefit from the setting-up of an area without internal frontiers, the Community shall contribute to the establishment and development of trans-European networks in the areas of transport, telecommunications and energy infrastructures. 2. Within the framework of a system of open and competitive markets, action by the Community shall aim at promoting the interconnection and interoperability of national networks as well as access to such networks. It shall take account in particular of the need to link island, landlocked and peripheral regions with the central regions of the Community.	Article 170 1. To help achieve the objectives referred to in Articles 28 and 174 and to enable citizens of the Union, economic operators and regional and local communities to derive full benefit from the setting-up of an area without internal frontiers, the Union shall contribute to the establishment and development of trans-European networks in the areas of transport, telecommunications and energy infrastructures. 2. Within the framework of a system of open and competitive markets, action by the Union shall aim at promoting the interconnection and interoperability of national networks as well as access to such networks. It shall take account in particular of the need to link island, landlocked and peripheral regions with the central regions of the Union.
No text	TITLE XXI ENERGY Article 194 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 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.

The treaty adds new text - the first piece of new text is so vague as to be meaningless. The second piece of new text sets out the goals for the energy, which had not been set out before. As far as I can tell there are 0 new powers or abilities added in the field of energy. Despite not having the goals set out before the EU managed to agree a policy last year exactly along these lines, to combat climate change and provide energy security (see my letter for details and link). How did they manage to do that before ratifying Lison? I can only assume it's because we don't need Lisbon for the EU to do this.

Letter to the editor: Lisbon treaty and energy security

The interesting thing here is that what Sharon Keating said appears to completely untrue. I assume that anyone writing a pro-Lisbon letter actually has a reasonable grasp of what the treaty contains. There are reasons to vote No that are independent of the content of the treaty - it's unreadability, the process by which it came about, the undemocratic nature of its ratification in many countries - but the same is not true for voting Yes. So if Sharon has read and understood the treaty, getting its content on energy completely wrong is presumably deliberate.

There is another possible explanation for getting the energy details wrong. If you only read the Lisbon treaty, it appears to be inserting several new paragraphs on energy. If you look at the Nice treaty then you can see that they were mostly there already. The actual change is much smaller than you'd think from the "delete this, insert this" in Lisbon. So maybe Ms. Keating just made an honest mistake but then you have to wonder if she actually knows what she is saying "Yes" to!

She also massively distorts what I said in my letter so I'm not inclined towards the innocent explanation.

Sharon Keating claims that the Lisbon treaty gives the EU new legal powers to address energy security. Wading through the treaties myself I find that this is just not true.

The EU has had competence in the area of energy since at least 1992 and Lisbon doesn't change that at all. The Maastricht treaty promoted the building of trans-European energy networks, including reference to the special needs of islands on the periphery of Europe.

Lisbon clarifies the EU's energy policy goals but all these and more are already included in the European Energy Policy, agreed at the European Council meeting in March 2007 (available at http://ec.europa.eu/energy/energy_policy/index_en.htm).

The only new item is that the European Council "'may decide, in a spirit of solidarity between Member States, upon 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".

This is so vague that it's impossible to know how and when this would translate into concrete action and seems completely irrelevant to the original question of how Lisbon will attract inward investment.

This treaty does nothing for energy security that the EU is not already doing. It provides no "new legal powers".

Finally, I never said that we should vote "No" and "casually sit back". All along, I have simply been asking the advocates of Lisbon to provide any evidence at all for their claim that Ireland will lose foreign investment if we vote "No". I'm still waiting,

The following sources were used to construct this letter, the Maastricht treaty, the Nice treaty (I also found a copy of this that had been nicely marked up to show what the Nice treaty actually changed but I closed the page so I don't have the link to hand, I think it was from EU Observer), the Europa energy policy page which has a link to the agreement containing the European Energy Policy which I found about from this report on European energy policy

It really is a lot of work to correctly argue against the twaddle that the Yes people come out with. It's far too easy to get wild claims published and careful refutations are difficult to make short and interesting.