Reform (Lisbon) Treaty

On October 18^th, 2007, representatives of the EU member states concluded their intergovernmental conference in Lisbon and approved the text of a new Reform Treaty. Also known as the “Lisbon Treaty” (The Treaty of Lisbon), the document contains just a brief mention of the energy sector (Article 194, Head XXI).

The Chapter about the Economic Policy of the Reform Treaty refers to solidarity of the member states in the event of difficulties with the supply of certain products (meaning energy products). “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.”

As to the newly added Head XXI, it is practically identical with the original Article III-256 of the European Constitution Treaty – however, there is an additional objective of supporting the interconnection of energy networks.

Most of measures in the area of energy sector will be adopted through the ordinary legislative procedure, i.e. jointly by the European Parliament and Council of the European Union, which passes decisions by qualified majority. The energy sector is included in so-called shared competences, and the member states lose a possibility to exclusively control this strategic area, (previously, the so-called unanimity applied to adopting any proposals by the member states).

The modifications do not affect the right of a member state to set conditions for utilising its energy sources, its choice from among different energy sources and basic structure of its energy supply.

The Reform (Lisbon) Treaty was signed by representatives of the EU member states on December 13^th, 2007, and underwent a ratification process in all the member states. The Treaty of Lisbon entered into force on 1 December 2009.