Considerations on COM(2023)446 - Approval of the withdrawal of Euratom from the Energy Charter Treaty - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)446 - Approval of the withdrawal of Euratom from the Energy Charter Treaty. |
|---|---|
| document | COM(2023)446 |
| date | July 7, 2023 |
(2) In the absence of any substantial update of the Agreement since the 1990s, the Agreement became increasingly outdated.
(3) In 2019, the Contracting Parties to the Agreement engaged in negotiations aimed at modernising the Agreement, in order to bring it into alignment with the principles of the Paris Agreement8, the requirements of sustainable development and the fight against climate change, as well as with modern standards of investment protection.
(4) The Contracting Parties concluded the negotiations on 24 June 2022. The negotiated outcome was meant to the adopted at the 33rd meeting of the Energy Charter Conference on 22 November 2022.
(5) Ahead of the meeting of the Conference, the Community was unable to find a common position on the modernisation of the Agreement.
(6) In the absence of a Community position, the adoption of the modernised Agreement by the Energy Charter Conference is impossible. The current, unmodernised Agreement continues to apply to the Community, in spite of the fact that it is not in line with the Union’s investment policy and law, including in particular the principle of autonomy of Union law, and with the Union’s energy and climate goals.
(7) With no alternative available, the Community should withdraw from the Agreement. In accordance with Article 101, second paragraph, of the Treaty establishing the European Atomic Energy Community, the decision of the withdrawal is to be taken by the Commission subject to the approval of the Council. It is therefore necessary to adopt a decision on the approval of the withdrawal of the Community from the Agreement.