BETA


2022/2934(RSP) Resolution on the outcome of the modernisation of the Energy Charter Treaty

Progress: Procedure completed

Legal Basis:
RoP 132-p2

Events

2022/11/24
   EP - Results of vote in Parliament
2022/11/24
   EP - Decision by Parliament
Details

The European Parliament adopted by 303 votes to 209, with 63 abstentions, a resolution on the outcome of the modernisation of the Energy Charter Treaty (ECT).

The text adopted in plenary was tabled as a joint resolution by the S&D, Renew, Greens/EFA and The Left groups.

The ECT is an international agreement which was signed in December 1994 and came into effect in April 1998. There are 53 signatories and contracting parties to the ECT, including the European Union, and Euratom and all its Member States except for Italy, which withdrew in 2016.

The EU and its Member States represent over half of the voting membership of the ECT.

In the light of the growing legal and political concerns about the ECT, a modernisation process driven by the EU and its Member States was initiated in November 2018, focused on investment protection standards, as well as on the limitation of the protection granted to fossil fuels and on fostering sustainable development.

The Council gave the Commission a mandate to negotiate a modernisation of the ECT in July 2019 and in May 2020, the EU submitted a proposal for the modernisation of the ECT. The contracting parties reached an agreement in principle on 24 June 2022 on the modernisation of the ECT. The amendments to the Treaty include changes to the ECT’s investment protection standards and a reference to the right of countries to take regulatory action for reasons such as environmental protection or climate action.

Since the conclusion of negotiations, Germany, France, Spain, the Netherlands, Poland, Slovenia and Luxembourg, who combined represent more than 70 % of the EU’s population, announced their intention to withdraw from the ECT (Italy left the ECT in 2016). Other Member States are still considering the option of leaving the ECT.

Recognising that the ECT has come under heavy criticism, Parliament considers the current ECT an outdated instrument which no longer serves the interest of the European Union, especially with regard to the objective to become climate neutral by 2050. It underlined that the final text of the modernised ECT integrates elements of the negotiating mandate given to the Commission, is not aligned with the Paris Agreement, the EU Climate Law or the objectives of the European Green Deal, is not in line with the objectives laid down by Parliament in its resolution of 23 June 2022 on the future of EU international investment policy, including, most notably:

(a) the immediate prohibition of fossil fuel investors from suing contracting parties for pursuing policies to phase out fossil fuels, in line with their international commitments,

(b) the significant shortening of the time frame for phasing out the protection of existing investments in fossil fuels,

(c) and the removal of the ISDS mechanism.

Parliament noted that the modernised ECT proposal maintains protection for existing fossil fuel investments for at least 10 years . The 10-year countdown would start from the entry into force of the modernised ECT, a period that would begin on 15 August 2023 if the EU, its Member States and the other contracting parties were to agree to provisionally apply the agreement, and that it would otherwise only start after ratification by three quarters of contracting parties, extending protection for fossil fuel investment for a period close to the 20 years provided for in the ECT sunset clause.

The modernised ECT sets a cut-off date of 2040 , by which all investments in fossil fuels will no longer be protected in the case of contracting parties opting in to the carve-out. Members expressed great concern that this time line is at odds with current knowledge on the speed of fossil fuel phase-out needed to limit global warming to 1.5ºC above pre-industrial levels and that it will undermine the EU’s climate objectives. They regretted the fact that, under the modernised ECT, most contracting parties have decided to maintain the protection of fossil fuel investors indefinitely.

Parliament recalled its position that the EU and its Member States should not sign or ratify investment protection treaties that include the ISDS mechanism, regretting the fact that the modernised ECT maintained this outdated dispute settlement mechanism. It supports the ongoing negotiations in UNCITRAL Working Group III, in which the EU and its Member States are working towards the creation of the Multilateral Investment Court (MIC), which could become the EU's competent body for the resolution of international investment disputes.

Members are worried that the 20-year sunset clause in case of exit remains unchanged in the modernised text and regrets that this was not part of the EU’s negotiating mandate, thus continuing to deprive countries that remain parties to the ECT of the possibility to easily leave the treaty should arbitrators continue to undermine states’ ability to regulate.

Members welcomed the announcement by the Polish, Spanish, Dutch, French, Slovenian, German and Luxembourg governments of their intention to withdraw from the ECT and note that, in most cases, the decision has been taken on the basis of the outcome of the modernisation process.

Parliament recalled that it has asked the Commission and the Member States to start preparing a coordinated exit from the ECT and an agreement to waive the application of the sunset clause between those contracting parties who wish to do so. It recalled that the EU can only ratify the modernised ECT with Parliament's final consent, and that Parliament will examine its previous positions and the shortcomings of the modernisation if requested to consent to it. Members believe that Parliament will support the EU's exit from the ECT when asked to consent to it.

The resolution stressed the need to act in a coordinated way, in order to be stronger in the withdrawal negotiations, to limit the negative effects of the sunset clause and to effectively prevent any disputes within the Union. The Commission is called upon to immediately initiate the process leading to a coordinated exit of the EU from the ECT and the Council is asked to support this proposal.

Documents
2022/11/21
   EP - Motion for a resolution
Documents
2022/11/21
   EP - Motion for a resolution
Documents
2022/11/21
   EP - Motion for a resolution
Documents
2022/11/21
   EP - Motion for a resolution
Documents
2022/11/21
   EP - Motion for a resolution
Documents
2022/11/09
   EP - Debate in Parliament

Documents

Activities

Votes

Aboutissement de la modernisation du traité sur la Charte de l'énergie - Outcome of the modernisation of the Energy Charter Treaty - Ergebnis der Modernisierung des Vertrags über die Energiecharta - RC-B9-0498/2022 - Après le § 4 - Am 1 #

2022/11/24 Outcome: -: 318, +: 174, 0: 79
CZ HU RO SK LT SI LV SE AT CY EE MT IE HR LU BG EL FI BE PT PL DK NL IT DE ES FR
Total
20
17
26
10
10
8
6
20
18
5
6
4
12
12
5
14
14
6
17
19
46
12
22
54
80
43
65
icon: PPE PPE
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1

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2

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3
icon: NI NI
33

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1

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1

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2

Germany NI

2

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2
icon: ID ID
51

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2

Austria ID

3

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1
icon: The Left The Left
27

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1

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3

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2

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1

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icon: Verts/ALE Verts/ALE
65

Czechia Verts/ALE

3

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5

RC-B9-0498/2022 - § 5/2 #

2022/11/24 Outcome: +: 295, -: 263, 0: 12
FR NL DK ES DE PT FI SE BE LU BG IE MT CY LT LV RO HR SI EE AT EL SK HU CZ IT PL
Total
64
22
12
44
80
19
6
20
17
5
14
12
4
4
10
6
26
12
8
6
19
14
10
16
20
55
45
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64

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3

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1

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icon: Renew Renew
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3
3

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2

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1

RC-B9-0498/2022 - § 7/2 #

2022/11/24 Outcome: +: 303, -: 253, 0: 21
FR DE IE NL DK ES SE PT FI BE LU MT CY BG LT LV HR SI EL EE AT RO CZ SK HU IT PL
Total
65
81
12
22
12
44
20
19
6
17
5
4
5
14
10
6
11
8
14
6
19
26
20
10
17
58
46
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1
icon: Renew Renew
91

Ireland Renew

2
3

Finland Renew

3

Belgium Renew

2

Luxembourg Renew

2

Lithuania Renew

1

Latvia Renew

For (1)

1

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1

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2

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1

Estonia Renew

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Austria Renew

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1

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34

France NI

2

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2

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1

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1

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1

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2
icon: ECR ECR
51

Netherlands ECR

3

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2

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53

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2
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140

Netherlands PPE

3

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1

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4

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1

RC-B9-0498/2022 - Après le § 7 - Am 2 #

2022/11/24 Outcome: -: 333, +: 195, 0: 48
RO HU CZ SI MT LT LV SE SK IE CY HR EE LU BG EL FI AT PT DK BE PL NL ES DE IT FR
Total
26
17
20
8
4
10
6
20
10
12
4
12
6
5
14
14
6
19
19
12
17
46
22
44
80
58
65
icon: PPE PPE
138

Hungary PPE

1

Malta PPE

For (1)

1

Cyprus PPE

For (1)

1

Luxembourg PPE

1

Denmark PPE

For (1)

1

Belgium PPE

3

Netherlands PPE

3
icon: ID ID
53

Czechia ID

Against (2)

2

Estonia ID

Against (1)

1

Austria ID

3
icon: NI NI
35

Lithuania NI

1

Latvia NI

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1

Slovakia NI

2

Croatia NI

2

Germany NI

2

France NI

Against (1)

Abstain (1)

2
icon: The Left The Left
27

Czechia The Left

1

Sweden The Left

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1

Ireland The Left

3

Cyprus The Left

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1

Finland The Left

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1

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1

Belgium The Left

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1

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1

Spain The Left

2

Germany The Left

3
icon: ECR ECR
51

Romania ECR

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1

Lithuania ECR

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1

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3

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1

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1

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1

Belgium ECR

2

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3
icon: Renew Renew
91

Hungary Renew

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1

Slovenia Renew

2

Lithuania Renew

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1

Latvia Renew

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1

Sweden Renew

3

Ireland Renew

2

Croatia Renew

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1

Estonia Renew

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3

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2

Bulgaria Renew

3

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1

Finland Renew

3

Austria Renew

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1

Belgium Renew

2

Poland Renew

1

Italy Renew

2
icon: Verts/ALE Verts/ALE
65

Czechia Verts/ALE

3

Lithuania Verts/ALE

2

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3

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2

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1

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1

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1

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3

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1

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3

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3
icon: S&D S&D
116

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4

Czechia S&D

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1

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5

RC-B9-0498/2022 - § 16 - Am 3 #

2022/11/24 Outcome: -: 329, +: 219, 0: 26
RO CZ IT SE MT SK LT SI LV HR CY EL IE EE LU BG AT FI DE BE PT DK PL HU NL ES FR
Total
26
20
58
20
4
10
10
8
6
12
5
14
12
6
5
13
19
6
80
17
19
11
46
17
22
44
64
icon: PPE PPE
138

Malta PPE

For (1)

1

Cyprus PPE

2

Luxembourg PPE

1

Belgium PPE

3

Denmark PPE

For (1)

1

Hungary PPE

1

Netherlands PPE

3
icon: ID ID
53

Czechia ID

Against (2)

2

Estonia ID

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1

Austria ID

3
icon: NI NI
35

Slovakia NI

2

Lithuania NI

1

Latvia NI

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1

Croatia NI

Abstain (1)

2

Germany NI

2

France NI

2
icon: The Left The Left
26

Czechia The Left

1

Sweden The Left

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1

Cyprus The Left

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1

Ireland The Left

3

Finland The Left

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1

Germany The Left

3

Belgium The Left

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1

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1

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1

Spain The Left

2
icon: ECR ECR
51

Romania ECR

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1

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3

Slovakia ECR

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1

Lithuania ECR

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1

Croatia ECR

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1

Bulgaria ECR

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1

Belgium ECR

2

Netherlands ECR

3
icon: Renew Renew
90

Italy Renew

2

Sweden Renew

3

Lithuania Renew

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1

Slovenia Renew

2

Latvia Renew

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1

Croatia Renew

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1

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1

Ireland Renew

2

Estonia Renew

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3

Luxembourg Renew

2

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3

Austria Renew

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1

Finland Renew

3

Belgium Renew

2

Poland Renew

1

Hungary Renew

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1
icon: Verts/ALE Verts/ALE
65

Czechia Verts/ALE

3

Italy Verts/ALE

3

Sweden Verts/ALE

3

Lithuania Verts/ALE

2

Ireland Verts/ALE

2

Luxembourg Verts/ALE

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1

Austria Verts/ALE

3

Finland Verts/ALE

2

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3

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1

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1

Poland Verts/ALE

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1

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3
icon: S&D S&D
116

Czechia S&D

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1

Lithuania S&D

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1

Slovenia S&D

2

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1

Cyprus S&D

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1

Belgium S&D

3

Netherlands S&D

5

RC-B9-0498/2022 - § 17/2 #

2022/11/24 Outcome: +: 289, -: 259, 0: 28
DE FR NL ES DK BE PT FI LU BG IE AT MT HR EE CY LT LV EL RO CZ SK SI HU SE IT PL
Total
81
65
22
44
11
17
19
6
5
14
12
19
4
12
6
5
10
6
14
26
20
10
8
17
20
57
46
icon: S&D S&D
116

Luxembourg S&D

For (1)

1

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2

Cyprus S&D

2

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1

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1

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2

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1

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For (1)

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2
icon: Renew Renew
90

Belgium Renew

2

Finland Renew

3

Luxembourg Renew

2

Ireland Renew

2

Austria Renew

For (1)

1

Croatia Renew

For (1)

1

Estonia Renew

For (1)

Against (2)

3

Lithuania Renew

1

Latvia Renew

For (1)

1

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1

Slovenia Renew

2

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1

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For (1)

3

Italy Renew

2

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1
icon: Verts/ALE Verts/ALE
65

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3

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1

Belgium Verts/ALE

3

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1

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2

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1

Ireland Verts/ALE

2

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2

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3

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3

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3

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1
icon: The Left The Left
27

Germany The Left

3

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1

Spain The Left

2

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1

Belgium The Left

For (1)

1

Portugal The Left

4

Finland The Left

For (1)

1

Ireland The Left

3

Cyprus The Left

1

Czechia The Left

Against (1)

1

Sweden The Left

For (1)

1
icon: NI NI
34

Germany NI

Against (1)

2

France NI

2

Croatia NI

Abstain (1)

2

Lithuania NI

1

Latvia NI

1

Slovakia NI

2
icon: ID ID
53

Austria ID

3

Estonia ID

Abstain (1)

1

Czechia ID

Against (2)

2
icon: ECR ECR
51

Netherlands ECR

3

Belgium ECR

2

Bulgaria ECR

Against (1)

1

Croatia ECR

Against (1)

1

Lithuania ECR

Against (1)

1

Romania ECR

Against (1)

1

Slovakia ECR

Abstain (1)

1

Sweden ECR

3
icon: PPE PPE
140

Netherlands PPE

3

Denmark PPE

Against (1)

1

Belgium PPE

Against (1)

3

Luxembourg PPE

Against (1)

1

Malta PPE

Against (1)

1

Cyprus PPE

2

Latvia PPE

3

Slovakia PPE

Abstain (1)

4

Slovenia PPE

4

Hungary PPE

Against (1)

1

RC-B9-0498/2022 - § 18/1 #

2022/11/24 Outcome: +: 322, -: 212, 0: 38
FR ES IE IT NL DK BE PT DE BG SE FI LU SK CY LT LV CZ HR SI EL EE AT MT HU RO PL
Total
63
44
12
57
22
12
17
19
81
13
19
6
5
10
5
10
6
20
12
8
14
6
19
4
17
26
45
icon: S&D S&D
114

Luxembourg S&D

For (1)

1

Cyprus S&D

2

Lithuania S&D

For (1)

1

Latvia S&D

For (1)

1

Czechia S&D

For (1)

1

Slovenia S&D

2

Greece S&D

2

Estonia S&D

2

Romania S&D

Abstain (1)

6
icon: Renew Renew
91

Ireland Renew

2

Italy Renew

2

Belgium Renew

2
3

Finland Renew

Abstain (1)

3

Luxembourg Renew

2

Lithuania Renew

1

Latvia Renew

For (1)

1

Croatia Renew

For (1)

1

Slovenia Renew

2

Greece Renew

1

Estonia Renew

For (1)

Against (2)

3

Austria Renew

For (1)

1

Hungary Renew

For (1)

1

Poland Renew

1
icon: Verts/ALE Verts/ALE
65

Ireland Verts/ALE

2

Italy Verts/ALE

3

Netherlands Verts/ALE

3

Denmark Verts/ALE

For (1)

1

Belgium Verts/ALE

3

Portugal Verts/ALE

1

Sweden Verts/ALE

3

Finland Verts/ALE

2

Luxembourg Verts/ALE

For (1)

1

Lithuania Verts/ALE

2

Czechia Verts/ALE

3

Austria Verts/ALE

3

Poland Verts/ALE

For (1)

1
icon: The Left The Left
27

Spain The Left

2

Ireland The Left

3

Netherlands The Left

For (1)

1

Denmark The Left

1

Belgium The Left

For (1)

1

Portugal The Left

4

Germany The Left

3

Sweden The Left

For (1)

1

Finland The Left

For (1)

1

Cyprus The Left

1

Czechia The Left

Against (1)

1
icon: NI NI
35

France NI

2

Germany NI

Against (1)

2

Slovakia NI

2

Lithuania NI

1

Latvia NI

1

Croatia NI

2
icon: ID ID
51

Belgium ID

For (1)

3

Czechia ID

Against (2)

2

Estonia ID

Against (1)

1

Austria ID

3
icon: ECR ECR
51

Netherlands ECR

3

Belgium ECR

2

Bulgaria ECR

Against (1)

1

Sweden ECR

3

Slovakia ECR

Abstain (1)

1

Lithuania ECR

Against (1)

1

Croatia ECR

Against (1)

1

Romania ECR

Against (1)

1
icon: PPE PPE
138

Netherlands PPE

3

Denmark PPE

Against (1)

1

Belgium PPE

Against (1)

3

Luxembourg PPE

Against (1)

1

Slovakia PPE

4

Cyprus PPE

2

Latvia PPE

3

Slovenia PPE

4

Malta PPE

Against (1)

1

Hungary PPE

Against (1)

1

RC-B9-0498/2022 - § 19 - Am 4 #

2022/11/24 Outcome: -: 316, +: 205, 0: 55
CZ SE HU MT SK BE AT EE LT RO SI LV CY EL IE HR LU BG PT FI DE NL DK PL ES IT FR
Total
20
20
17
4
10
17
19
6
10
25
8
6
5
14
12
12
5
14
19
6
81
22
12
46
43
58
65
icon: PPE PPE
140

Hungary PPE

1

Malta PPE

For (1)

1

Cyprus PPE

2

Luxembourg PPE

1

Netherlands PPE

3

Denmark PPE

For (1)

1
icon: ID ID
53

Czechia ID

2
3

Estonia ID

For (1)

1
icon: NI NI
35

Slovakia NI

2

Lithuania NI

1

Latvia NI

Against (1)

1

Croatia NI

2

Germany NI

2

France NI

For (1)

Against (1)

2
icon: ECR ECR
51

Slovakia ECR

For (1)

1

Belgium ECR

2

Lithuania ECR

Against (1)

1

Romania ECR

Against (1)

1

Croatia ECR

Against (1)

1

Bulgaria ECR

Against (1)

1

Netherlands ECR

3
icon: The Left The Left
27

Czechia The Left

Against (1)

1

Sweden The Left

Against (1)

1

Belgium The Left

Against (1)

1

Cyprus The Left

Against (1)

1

Ireland The Left

3

Portugal The Left

4

Finland The Left

Against (1)

1

Germany The Left

3

Netherlands The Left

Against (1)

1

Denmark The Left

Against (1)

1

Spain The Left

2
icon: Renew Renew
90

Sweden Renew

Against (1)

3

Hungary Renew

Against (1)

1

Belgium Renew

Against (1)

2

Austria Renew

Against (1)

1

Estonia Renew

Against (1)

3

Lithuania Renew

Against (1)

1

Slovenia Renew

2

Latvia Renew

Against (1)

1

Greece Renew

Against (1)

1

Ireland Renew

2

Croatia Renew

Against (1)

1

Luxembourg Renew

2

Bulgaria Renew

3

Finland Renew

3

Poland Renew

1

Italy Renew

2
icon: Verts/ALE Verts/ALE
65

Czechia Verts/ALE

3

Sweden Verts/ALE

3

Belgium Verts/ALE

3

Austria Verts/ALE

3

Lithuania Verts/ALE

2

Ireland Verts/ALE

2

Luxembourg Verts/ALE

Against (1)

1

Portugal Verts/ALE

Against (1)

1

Finland Verts/ALE

2

Netherlands Verts/ALE

3

Denmark Verts/ALE

Against (1)

1

Poland Verts/ALE

Against (1)

1

Italy Verts/ALE

3
icon: S&D S&D
115

Czechia S&D

Against (1)

1

Belgium S&D

3

Estonia S&D

2

Lithuania S&D

Against (1)

1

Romania S&D

Abstain (1)

5

Slovenia S&D

2

Latvia S&D

Against (1)

1

Cyprus S&D

2

Greece S&D

2

Luxembourg S&D

Against (1)

1

Netherlands S&D

For (1)

5

RC-B9-0498/2022 - § 20 #

2022/11/24 Outcome: +: 284, -: 187, 0: 102
FR IT ES DE DK NL PT FI BE LU BG IE CZ HR CY LT LV SI EE SE AT EL SK MT HU PL RO
Total
65
58
44
80
12
22
19
6
17
5
14
12
20
12
5
10
6
8
6
20
19
14
10
4
17
46
22
icon: S&D S&D
112

Netherlands S&D

Against (1)

5

Luxembourg S&D

For (1)

1

Czechia S&D

For (1)

1

Cyprus S&D

2

Lithuania S&D

For (1)

1

Latvia S&D

For (1)

1

Slovenia S&D

2

Estonia S&D

2

Greece S&D

2

Romania S&D

Against (1)

Abstain (1)

2
icon: Renew Renew
91

Italy Renew

2

Finland Renew

Abstain (1)

3

Belgium Renew

2

Luxembourg Renew

2

Ireland Renew

2

Croatia Renew

For (1)

1

Lithuania Renew

1

Latvia Renew

For (1)

1

Slovenia Renew

2

Estonia Renew

For (1)

Against (2)

3
3

Austria Renew

For (1)

1

Greece Renew

1

Hungary Renew

For (1)

1

Poland Renew

1
icon: Verts/ALE Verts/ALE
64

Italy Verts/ALE

3

Denmark Verts/ALE

For (1)

1

Netherlands Verts/ALE

3

Portugal Verts/ALE

1

Finland Verts/ALE

2

Belgium Verts/ALE

3

Luxembourg Verts/ALE

For (1)

1

Ireland Verts/ALE

2

Czechia Verts/ALE

3

Lithuania Verts/ALE

2

Sweden Verts/ALE

3

Austria Verts/ALE

3

Poland Verts/ALE

For (1)

1
icon: The Left The Left
27

Spain The Left

2

Germany The Left

3

Denmark The Left

1

Netherlands The Left

For (1)

1

Portugal The Left

4

Finland The Left

For (1)

1

Belgium The Left

For (1)

1

Ireland The Left

3

Czechia The Left

Against (1)

1

Cyprus The Left

1

Sweden The Left

For (1)

1
icon: NI NI
35

France NI

2

Germany NI

Abstain (1)

2

Croatia NI

2

Lithuania NI

1

Latvia NI

1

Slovakia NI

2
icon: ECR ECR
51

Netherlands ECR

3

Belgium ECR

2

Bulgaria ECR

Against (1)

1

Croatia ECR

Abstain (1)

1

Lithuania ECR

Against (1)

1

Sweden ECR

3

Slovakia ECR

Abstain (1)

1

Romania ECR

Against (1)

1
icon: ID ID
53

Czechia ID

Against (2)

2

Estonia ID

Against (1)

1

Austria ID

3
icon: PPE PPE
140

Denmark PPE

Against (1)

1

Netherlands PPE

3

Belgium PPE

For (1)

Against (1)

Abstain (1)

3

Luxembourg PPE

Against (1)

1

Cyprus PPE

2

Latvia PPE

3

Slovenia PPE

4

Malta PPE

Against (1)

1

Hungary PPE

Against (1)

1

RC-B9-0498/2022 - § 21 #

2022/11/24 Outcome: +: 333, -: 160, 0: 82
FR ES DE IT NL IE BE DK PT FI AT CZ SE BG LU SI LT HR EE CY EL LV RO MT SK HU PL
Total
65
43
80
58
22
12
17
12
19
6
19
20
20
14
5
8
10
12
6
5
14
6
26
4
10
17
45
icon: S&D S&D
116

Czechia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Slovenia S&D

2

Lithuania S&D

For (1)

1

Estonia S&D

2

Cyprus S&D

2

Greece S&D

2

Latvia S&D

For (1)

1
icon: Renew Renew
89
5

Italy Renew

2

Ireland Renew

2

Belgium Renew

2

Finland Renew

3

Austria Renew

For (1)

1
3

Luxembourg Renew

2

Slovenia Renew

2

Lithuania Renew

1

Croatia Renew

For (1)

1

Estonia Renew

For (1)

Against (2)

3

Greece Renew

1

Latvia Renew

For (1)

1

Hungary Renew

For (1)

1

Poland Renew

1
icon: Verts/ALE Verts/ALE
65

Italy Verts/ALE

3

Netherlands Verts/ALE

3

Ireland Verts/ALE

2

Belgium Verts/ALE

3

Denmark Verts/ALE

For (1)

1

Portugal Verts/ALE

1

Finland Verts/ALE

2

Austria Verts/ALE

3

Czechia Verts/ALE

3

Sweden Verts/ALE

3

Luxembourg Verts/ALE

For (1)

1

Lithuania Verts/ALE

2

Poland Verts/ALE

For (1)

1
icon: The Left The Left
27

Spain The Left

2

Germany The Left

3

Netherlands The Left

For (1)

1

Ireland The Left

3

Belgium The Left

For (1)

1

Denmark The Left

1

Portugal The Left

4

Finland The Left

For (1)

1

Czechia The Left

Against (1)

1

Sweden The Left

For (1)

1

Cyprus The Left

1
icon: ID ID
53
3

Czechia ID

Against (2)

2

Estonia ID

Abstain (1)

1
icon: NI NI
35

France NI

2

Germany NI

Abstain (1)

2

Lithuania NI

1

Croatia NI

2

Latvia NI

1

Slovakia NI

2
icon: ECR ECR
51

Netherlands ECR

Against (1)

3

Belgium ECR

2

Sweden ECR

3

Bulgaria ECR

Abstain (1)

1

Lithuania ECR

Abstain (1)

1

Croatia ECR

Abstain (1)

1

Romania ECR

Against (1)

1

Slovakia ECR

Abstain (1)

1
icon: PPE PPE
139

Netherlands PPE

Abstain (1)

3

Belgium PPE

Against (1)

3

Denmark PPE

Against (1)

1

Luxembourg PPE

Against (1)

1

Slovenia PPE

For (1)

4

Cyprus PPE

2

Latvia PPE

3

Malta PPE

Against (1)

1

Hungary PPE

Against (1)

1

RC-B9-0498/2022 - § 22 - Am 5 #

2022/11/24 Outcome: -: 388, +: 159, 0: 22
LT SI LV RO SK CY CZ BG EL MT IE EE HR SE LU BE AT FI PT DK PL HU NL ES DE IT FR
Total
10
8
6
26
10
5
20
14
14
4
12
6
12
20
5
17
19
6
19
11
45
17
22
44
76
56
65
icon: PPE PPE
139

Cyprus PPE

2

Malta PPE

For (1)

1

Luxembourg PPE

1

Denmark PPE

For (1)

1

Hungary PPE

Abstain (1)

1

Netherlands PPE

3
icon: The Left The Left
27

Cyprus The Left

Against (1)

1

Czechia The Left

1

Ireland The Left

3

Sweden The Left

Against (1)

1

Belgium The Left

Against (1)

1

Finland The Left

Against (1)

1

Denmark The Left

Against (1)

1

Netherlands The Left

Against (1)

1

Spain The Left

2

Germany The Left

3
icon: NI NI
34

Lithuania NI

1

Latvia NI

Against (1)

1

Slovakia NI

2

Croatia NI

Against (1)

Abstain (1)

2

Germany NI

2

France NI

2
icon: ECR ECR
49

Lithuania ECR

Against (1)

1

Romania ECR

Against (1)

1

Slovakia ECR

Abstain (1)

1

Bulgaria ECR

Against (1)

1

Croatia ECR

Against (1)

1

Sweden ECR

3

Belgium ECR

2

Netherlands ECR

3
icon: ID ID
52

Czechia ID

Against (2)

2

Estonia ID

Against (1)

1

Austria ID

3
icon: Renew Renew
89

Lithuania Renew

Against (1)

1

Slovenia Renew

2

Latvia Renew

Against (1)

1

Bulgaria Renew

For (1)

3

Greece Renew

Against (1)

1

Ireland Renew

2

Estonia Renew

Against (1)

3

Croatia Renew

Against (1)

1

Sweden Renew

Against (1)

3

Luxembourg Renew

2

Belgium Renew

Against (1)

2

Austria Renew

Against (1)

1

Finland Renew

3

Poland Renew

1

Hungary Renew

Against (1)

1

Italy Renew

2
icon: Verts/ALE Verts/ALE
65

Lithuania Verts/ALE

2

Czechia Verts/ALE

3

Ireland Verts/ALE

2

Sweden Verts/ALE

3

Luxembourg Verts/ALE

Against (1)

1

Belgium Verts/ALE

3

Austria Verts/ALE

3

Finland Verts/ALE

2

Portugal Verts/ALE

Against (1)

1

Denmark Verts/ALE

Against (1)

1

Poland Verts/ALE

Against (1)

1

Netherlands Verts/ALE

3

Italy Verts/ALE

3
icon: S&D S&D
114

Lithuania S&D

Against (1)

1

Slovenia S&D

2

Latvia S&D

Against (1)

1

Cyprus S&D

2

Czechia S&D

Against (1)

1

Greece S&D

2

Estonia S&D

2

Luxembourg S&D

Against (1)

1

Belgium S&D

3

Netherlands S&D

5

RC-B9-0498/2022 - Proposition de résolution (ensemble du texte) #

2022/11/24 Outcome: +: 303, -: 209, 0: 63
FR ES NL IE DK PT DE BE FI BG LU HR MT IT LT CY LV CZ SI EE SE AT EL RO SK HU PL
Total
64
42
22
12
12
19
81
17
6
14
5
12
4
58
10
5
6
20
8
6
20
19
14
26
10
17
46
icon: S&D S&D
114

Luxembourg S&D

For (1)

1

Lithuania S&D

For (1)

1

Cyprus S&D

2

Latvia S&D

For (1)

1

Czechia S&D

For (1)

1

Slovenia S&D

2

Estonia S&D

2

Greece S&D

2

Romania S&D

Against (1)

6
icon: Renew Renew
90

Ireland Renew

2

Belgium Renew

2

Finland Renew

Abstain (1)

3

Luxembourg Renew

2

Croatia Renew

For (1)

1

Italy Renew

2

Lithuania Renew

1

Latvia Renew

For (1)

1

Slovenia Renew

2

Estonia Renew

For (1)

Against (2)

3
3

Austria Renew

For (1)

1

Greece Renew

1

Hungary Renew

For (1)

1

Poland Renew

1
icon: Verts/ALE Verts/ALE
65

Netherlands Verts/ALE

3

Ireland Verts/ALE

2

Denmark Verts/ALE

For (1)

1

Portugal Verts/ALE

1

Belgium Verts/ALE

3

Finland Verts/ALE

2

Luxembourg Verts/ALE

For (1)

1

Italy Verts/ALE

3

Lithuania Verts/ALE

2

Czechia Verts/ALE

3

Sweden Verts/ALE

3

Austria Verts/ALE

3

Poland Verts/ALE

For (1)

1
icon: The Left The Left
27

Spain The Left

2

Netherlands The Left

For (1)

1

Ireland The Left

3

Denmark The Left

1

Portugal The Left

4

Germany The Left

3

Belgium The Left

For (1)

1

Finland The Left

For (1)

1

Cyprus The Left

1

Czechia The Left

Abstain (1)

1

Sweden The Left

For (1)

1
icon: NI NI
35

France NI

2

Germany NI

Abstain (1)

2

Croatia NI

Against (1)

Abstain (1)

2

Lithuania NI

1

Latvia NI

1

Slovakia NI

2
icon: ECR ECR
51

Netherlands ECR

3

Belgium ECR

2

Bulgaria ECR

Abstain (1)

1

Croatia ECR

Abstain (1)

1

Lithuania ECR

Abstain (1)

1

Sweden ECR

3

Romania ECR

Against (1)

1

Slovakia ECR

Against (1)

1
icon: ID ID
53

Czechia ID

Against (2)

2

Estonia ID

Against (1)

1

Austria ID

3
icon: PPE PPE
140

Netherlands PPE

3

Denmark PPE

Against (1)

1

Belgium PPE

Abstain (1)

3

Luxembourg PPE

Against (1)

1

Croatia PPE

For (1)

4

Malta PPE

Against (1)

1

Cyprus PPE

2

Latvia PPE

3

Slovenia PPE

4

Hungary PPE

Against (1)

1

History

(these mark the time of scraping, not the official date of the change)

docs/5
date
2022-11-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2022-0421_EN.html title: T9-0421/2022
type
Text adopted by Parliament, single reading
body
EP
events/1
date
2022-11-24T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2022-0421_EN.html title: T9-0421/2022
events/1
date
2022-11-24T00:00:00
type
Results of vote in Parliament
body
EP
docs
url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=59144&l=en title: Results of vote in Parliament
events/2
date
2022-11-24T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2022-0421_EN.html title: T9-0421/2022
events/2/summary
  • The European Parliament adopted by 303 votes to 209, with 63 abstentions, a resolution on the outcome of the modernisation of the Energy Charter Treaty (ECT).
  • The text adopted in plenary was tabled as a joint resolution by the S&D, Renew, Greens/EFA and The Left groups.
  • The ECT is an international agreement which was signed in December 1994 and came into effect in April 1998. There are 53 signatories and contracting parties to the ECT, including the European Union, and Euratom and all its Member States except for Italy, which withdrew in 2016.
  • The EU and its Member States represent over half of the voting membership of the ECT.
  • In the light of the growing legal and political concerns about the ECT, a modernisation process driven by the EU and its Member States was initiated in November 2018, focused on investment protection standards, as well as on the limitation of the protection granted to fossil fuels and on fostering sustainable development.
  • The Council gave the Commission a mandate to negotiate a modernisation of the ECT in July 2019 and in May 2020, the EU submitted a proposal for the modernisation of the ECT. The contracting parties reached an agreement in principle on 24 June 2022 on the modernisation of the ECT. The amendments to the Treaty include changes to the ECT’s investment protection standards and a reference to the right of countries to take regulatory action for reasons such as environmental protection or climate action.
  • Since the conclusion of negotiations, Germany, France, Spain, the Netherlands, Poland, Slovenia and Luxembourg, who combined represent more than 70 % of the EU’s population, announced their intention to withdraw from the ECT (Italy left the ECT in 2016). Other Member States are still considering the option of leaving the ECT.
  • Recognising that the ECT has come under heavy criticism, Parliament considers the current ECT an outdated instrument which no longer serves the interest of the European Union, especially with regard to the objective to become climate neutral by 2050. It underlined that the final text of the modernised ECT integrates elements of the negotiating mandate given to the Commission, is not aligned with the Paris Agreement, the EU Climate Law or the objectives of the European Green Deal, is not in line with the objectives laid down by Parliament in its resolution of 23 June 2022 on the future of EU international investment policy, including, most notably:
  • (a) the immediate prohibition of fossil fuel investors from suing contracting parties for pursuing policies to phase out fossil fuels, in line with their international commitments,
  • (b) the significant shortening of the time frame for phasing out the protection of existing investments in fossil fuels,
  • (c) and the removal of the ISDS mechanism.
  • Parliament noted that the modernised ECT proposal maintains protection for existing fossil fuel investments for at least 10 years . The 10-year countdown would start from the entry into force of the modernised ECT, a period that would begin on 15 August 2023 if the EU, its Member States and the other contracting parties were to agree to provisionally apply the agreement, and that it would otherwise only start after ratification by three quarters of contracting parties, extending protection for fossil fuel investment for a period close to the 20 years provided for in the ECT sunset clause.
  • The modernised ECT sets a cut-off date of 2040 , by which all investments in fossil fuels will no longer be protected in the case of contracting parties opting in to the carve-out. Members expressed great concern that this time line is at odds with current knowledge on the speed of fossil fuel phase-out needed to limit global warming to 1.5ºC above pre-industrial levels and that it will undermine the EU’s climate objectives. They regretted the fact that, under the modernised ECT, most contracting parties have decided to maintain the protection of fossil fuel investors indefinitely.
  • Parliament recalled its position that the EU and its Member States should not sign or ratify investment protection treaties that include the ISDS mechanism, regretting the fact that the modernised ECT maintained this outdated dispute settlement mechanism. It supports the ongoing negotiations in UNCITRAL Working Group III, in which the EU and its Member States are working towards the creation of the Multilateral Investment Court (MIC), which could become the EU's competent body for the resolution of international investment disputes.
  • Members are worried that the 20-year sunset clause in case of exit remains unchanged in the modernised text and regrets that this was not part of the EU’s negotiating mandate, thus continuing to deprive countries that remain parties to the ECT of the possibility to easily leave the treaty should arbitrators continue to undermine states’ ability to regulate.
  • Members welcomed the announcement by the Polish, Spanish, Dutch, French, Slovenian, German and Luxembourg governments of their intention to withdraw from the ECT and note that, in most cases, the decision has been taken on the basis of the outcome of the modernisation process.
  • Parliament recalled that it has asked the Commission and the Member States to start preparing a coordinated exit from the ECT and an agreement to waive the application of the sunset clause between those contracting parties who wish to do so. It recalled that the EU can only ratify the modernised ECT with Parliament's final consent, and that Parliament will examine its previous positions and the shortcomings of the modernisation if requested to consent to it. Members believe that Parliament will support the EU's exit from the ECT when asked to consent to it.
  • The resolution stressed the need to act in a coordinated way, in order to be stronger in the withdrawal negotiations, to limit the negative effects of the sunset clause and to effectively prevent any disputes within the Union. The Commission is called upon to immediately initiate the process leading to a coordinated exit of the EU from the ECT and the Council is asked to support this proposal.
docs/5
date
2022-11-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2022-0421_EN.html title: T9-0421/2022
type
Text adopted by Parliament, single reading
body
EP
events/1
date
2022-11-24T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2022-0421_EN.html title: T9-0421/2022
forecasts
  • date: 2022-11-24T00:00:00 title: Vote in plenary scheduled
procedure/stage_reached
Old
Awaiting plenary debate/vote
New
Procedure completed
procedure/title
Old
Outcome of the modernisation of the Energy Charter Treaty
New
Resolution on the outcome of the modernisation of the Energy Charter Treaty
docs/0/docs/0/url
https://www.europarl.europa.eu/doceo/document/B-9-2022-0498_EN.html
docs/1/docs/0/url
https://www.europarl.europa.eu/doceo/document/B-9-2022-0502_EN.html
docs/2/docs/0/url
https://www.europarl.europa.eu/doceo/document/B-9-2022-0510_EN.html
docs/3/docs/0/url
https://www.europarl.europa.eu/doceo/document/B-9-2022-0513_EN.html
docs/4/docs/0/url
https://www.europarl.europa.eu/doceo/document/B-9-2022-0536_EN.html
docs
  • date: 2022-11-21T00:00:00 docs: title: B9-0498/2022 type: Motion for a resolution body: EP
  • date: 2022-11-21T00:00:00 docs: title: B9-0502/2022 type: Motion for a resolution body: EP
  • date: 2022-11-21T00:00:00 docs: title: B9-0510/2022 type: Motion for a resolution body: EP
  • date: 2022-11-21T00:00:00 docs: title: B9-0513/2022 type: Motion for a resolution body: EP
  • date: 2022-11-21T00:00:00 docs: title: B9-0536/2022 type: Motion for a resolution body: EP
forecasts
  • date: 2022-11-24T00:00:00 title: Vote in plenary scheduled
events/0/docs
  • url: https://www.europarl.europa.eu/doceo/document/CRE-9-2022-11-09-TOC_EN.html title: Debate in Parliament