EU wrestles with 2020 renewables goal
The European commission is wrestling with the problem of how to turn the principle of binding national targets for renewable energy endorsed by EU leaders this month into law, it emerged at a seminar in Brussels on Monday.
A senior commission official gave an insight into the EU executive's thinking during the seminar, revealing difficult choices over which legal base legislation implementing the target should be based on. The decision will have important consequences.
Most environmental legislation is based on the first sub-paragraph of article 175 of the EU treaty. For all such laws, ministers must decide by majority voting and the council and parliament have an equal say.
However, some EU governments have called for the renewables legislation to be based on the second sub-paragraph of article 175 dealing with laws 'significantly affecting' national energy choices. In this case the council would decide unanimously and the parliament's opinion would be advisory only.
The commission is reluctant to go down this road, its head of renewable energy policy Hans van Steen told a seminar on future energy policy organised by pressure group Inforse.
Firstly because some governments were initially reluctant to support binding renewables targets, and under unanimity any one of them could block all progress. And secondly because the European parliament would certainly fight hard to avoid being denied full co-legislative rights.
The commission is examining the prospects for getting the legislation agreed on the first sub-paragraph of article 175, Mr van Steen said. Alternatively, the commission could propose it on article 95 of the treaty, dealing with the internal market.
This would mean qualified voting in council and co-decision with parliament. It could also be more harmonising, since member states have less scope to depart in national legislation from EU internal market measures.
Courtesy of ENDS Europe Daily
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