Open letter to the Taoiseach on the Energy Charter Treaty
Taoiseach Leo Varadkar
Department of the Taoiseach,
Government Buildings,
Merrion Street Upper,
Dublin 2
cc:
Minister for Enterprise, Trade and Employment, Simon Coveney
Minister for the Environment, Climate, Communications and Transport Eamon Ryan
6 March 2023
A Thaoisigh,
We are writing to you about Ireland’s membership of the Energy Charter Treaty (ECT), and to call on you to support a coordinated withdrawal of the EU, Ireland and other EU member states from the Treaty as soon as possible.
The Energy Charter Treaty is a barrier to the energy transition, is incompatible with EU law[1] and undermines the European Green Deal. The UN’s Intergovernmental Panel on Climate Change (IPCC) has concluded that the ECT is blocking countries’ ability to accelerate the energy transition. The French High Council for Climate[2], as well as the German[3] and Dutch[4] Governments have all agreed that even the reformed ECT remains inconsistent with the Paris Agreement. It is also an obstacle for sovereign energy policies taken in response to the current crisis, such as windfall profit taxes[5]. Germany, France, and Poland have officially notified their withdrawal from the Treaty. The Netherlands, Spain, Slovenia, and Luxembourg have committed to do so this year. The European Parliament recently voted in favour of a coordinated EU withdrawal, and the Commission also now supports this option. Reforming the Energy Charter Treaty is not a viable option, and the European Commission has concluded an EU withdrawal is “unavoidable”[6]. Please see the accompanying briefing paper for more information[7].
Ireland should support a full and coordinated EU withdrawal. This approach is the safest and most comprehensive solution to the ECT impasse. EU Member States need to recover their full regulatory space to deal with the ongoing energy crisis and manage a swift and just transition away from fossil fuels. Ahead of the next discussions at the Energy Working Party of the EU Council, Ireland can demonstrate climate leadership by taking steps to support a coordinated EU withdrawal from the Treaty.
We would be happy to meet with you to discuss this topic further.
Le Meas,
- Comhlámh Trade Justice Group
- Leah Sullivan, Coordinator, Seattle to Brussels/European Trade Justice Coalition
- Thomas Mc Donagh, Director, Financial Justice Ireland
- Caroline Murphy, CEO, Comhlámh
- Oisin Coghlan, Director, Friends of the Earth Ireland
- Caoimhe de Barra, CEO, Trócaire
- Karol Balfe, ActionAid Ireland
- Brian Cuthbert,Campaigns Director, Uplift
- Jim Clarken, CEO, Oxfam Ireland
- Angela Deegan, Not Here Not Anywhere
- Stephen McCloskey, Director, Centre for Global Education
- Slí Eile
- Eoin O Leidhin, Gluaiseacht
- Attracta Uí Bhroin, Vice Chair, An Claíomh Glas
- Extinction Rebellion Ireland
- Dr Ciara Brennan, Director, Environmental Justice Network Ireland
- James Gilmartin, Treasure Leitrim
- CAIM – Communities Against the Injustice of Mining
- Declan Owens, CEO, Ecojustice Ireland
- Clodagh Daly, Climate Case Ireland
- Jagoda Munic, Director, Friends of the Earth Europe
- Tine Laufer, Director, PowerShift
- Veblen Institute, Mathilde Dupré, co director
- Renaud Vivien, Coordinator of the political service, Entraide et Fraternité
- Fiona Dove, Director, Transnational Institute
- Anaïs Berthier, Head of Client Earth Brussels Office and EU Affairs, Client Earth
- Audrey Gaughran, Director, SOMO
- Luis Rico, Coordinator, Ecologistas en Acción
- Chiara Martinelli, Director, CAN Europe
- Patrick ten Brink, EEB Secretary General, European Environmental Bureau, EEB
- Fernanda Otero, Chair, LASC – Latin American Solidarity Center
DOWNLOAD THE LETTER IN PDF
READ THE BRIEFING PAPER: WHY IRELAND MUST LEAVE THE ECT
[1] ClientEarth (2022), Energy Charter Treaty fundamentally incompatible with EU law, study finds
[2] Financial Times (2022) France withdraws from Energy Charter Treaty
[3] Reuters (2022) German cabinet approves exit from Energy Charter Treaty
[4] Euractiv (2022) Netherlands follows Spain in quitting Energy Charter Treaty
[5] Lisa Bohmer (2022), Refining company reportedly threatens arbitration claim against Slovakia.
[6] Euractiv (2023), LEAK: Exit from Energy Charter Treaty ‘unavoidable’, EU Commission says
[7] Briefing Paper: https://caneurope.org/content/uploads/2023/02/ECT-briefing_ways-forward_CAN-Europe_Feb-2023-1.pdf