Memorandum by Mr Stavros Dimas, Member
of the European Commission
Thank you for giving me the opportunity to submit
our observations to the House of Lords Select Committee on the
European Union, sub-committee D (Environment and Agriculture)
with regard to its inquiry into the agriculture, fisheries and
environment aspects of the Lisbon Treaty. Written evidence is
submitted with regard to the following questions:
What is the likely impact on the EU, and in particular
the UK, of the changes introduced by the Reform Treaty to existing
Treaty provisions on environment?
The Lisbon Treaty provides for limited changes
to the Treaty on European Union (the EU Treaty) and the Treaty
establishing the European Community (the EC Treaty) with regard
to the existing provisions on the environment. The Lisbon Treaty
adds a number of new objectives to the EU Treaty including a reference
to the Union contributing to "the sustainable development
of the Earth" in its relations with the wider world. This
new objective provides support for the amendment of Article 174
of the EC Treaty. Here the Lisbon Treaty adds the words "and
in particular combating climate change" outlining that Community
environmental policy shall contribute, amongst other things, to
the pursuit of the objective of "promoting measures at international
level to deal with regional or worldwide environmental problems".
Given the challenge which the EU is facing in tackling climate
change, the addition of a specific reference to the need to combat
climate change in the objectives of the environment chapter of
the Treaty is welcome. Whilst this will not result in a change
in the legal basis for any future action which the EU may wish
to propose, the amendment provides a clearer recognition of the
importance of tackling climate change at the international level.
The Lisbon Treaty also introduces an amendment
of Article 175(2) of the EC Treaty which currently provides that
certain areas are excluded from the normal legislative procedure
applicable for EC environmental legislation. Where legislative
proposals in the field of environment are likely for example to
affect town and country planning, land use or Member State's choice
between different energy sources, such proposals can only be adopted
by the Council acting unanimously.
The Lisbon Treaty provides for an additional
mechanism whereby the Council can decide, again by unanimous vote,
with regard to a specific proposal from the Commission in one
of the areas mentioned in Article 175(2) of the EC Treaty and
after consulting the other institutions that the normal legislative
procedure (ie qualified majority voting) should apply. This is
a welcome amendment providing a possibility for a more inclusive
decision making process whilst maintaining the control of the
Council in these nationally sensitive areas.
Aside from the issues set out above, what other
important issues arise as a result of the changes introduced by
the Reform Treaty in relation to the environment?
The Lisbon Treaty adds several new legal bases
to the existing EC Treaty. Two are worth mentioning here. The
first is in the introduction of a new article on energy into the
EC Treaty, namely Article 176a). One of the aims of this new article
is to "promote energy efficiency and energy saving and the
development of new and renewable forms of energy". This new
article is welcome given that action to promote energy efficiency
and renewable energies is crucial for the EU's efforts to combat
climate change. Under this article, the Council may decide on
proposals by qualified majority.
Another new legal basis added by the Lisbon
Treaty of relevance to the environmental field is the new article
on civil protection, namely Article 176c. This new article recognises
the need for the EU to encourage cooperation between Member States
in order to improve the effectiveness of systems for preventing
and protecting against natural and man-made disasters. The actions
to be proposed here support, coordinate and supplement the action
by Member States.
It should be noted that, whilst the Lisbon Treaty
adds these two new legal bases to the EC Treaty, action has already
been taken at Community level with regard to energy policy as
well as in the civil protection sphere, in some cases solely on
the basis of Article 308 of the EC Treaty. What the Lisbon Treaty
does here is to provide the EU with clearer powers to propose
and adopt measures in these two policy areas, whilst at the same
time setting out the limits of those powers.
I trust these comments are of assistance.
17 December 2007
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