Voluntary and gradual. The idea of a European Energy Community is not an idea dreamt up one fine spring morning but rather, a well-developed project based on real needs. Is Jacques Delors a dreamer? He definitely is, of course, but when he launches a project he is also concerned about the conditions in which it can be put into practice and outlines the path that it should take. His energy plan, previously announced and politically launched last week in a declaration which he and the president of the European Parliament signed (EUROPE 10133), respects this approach. A new Community cannot be created without planning; EU countries could never all be in agreement; the birth of a new treaty, ratified by each national parliament, is a long-term project and certain governments are not demonstrating much enthusiasm for moving towards this goal. Accomplishing this project will therefore be on a voluntary basis and will take place gradually (those that want to take part in it can do so).
The project could initially be achieved through the shape of strengthened cooperation. The declaration mentioned above asserts that “important stages in the European project can, if necessary, be taken by an initial hard-core of member states prepared to take this action and by states that are able to use strengthened cooperation in order to push forward. Now is the moment to take this step”. Jacques Delors has spoken out to justify this formula. He is aware that certain member states have misgivings because they are afraid of the EU being divided into two categories but he points out that if they had waited until they had gained unanimous support, the Schengen area and getting rid of border controls, as well as the single currency, would still not exist today. In any case, latecomers will be allowed to catch up with the avant-garde, when they so wish.
Europe needs it. The first condition is to determine whether this new project is necessary and the answer, according to Jacques Delors, is obvious. The first European Community - for coal and steel - was established on rules ensuring equal access to energy resources; today, such rules no longer exist. Moreover, “the development of sustainable and affordable sources of energy is key to the new industrial revolution and to help Europe find an exit strategy to the economic crisis”. To meet this challenge, the declaration affirms that “radical change is required in how we produce and consume energy”. European policies are already being developed with existing instruments - the liberalisation of supply, improved inter-connections, environmental protection - have obtained positive results that need to be safeguarded and developed but they are not enough. Europe needs more ambitious objectives, greater integration and - an essential element - it should speak with one voice to its external partners, both producer and transit countries. The strongest affirmation made on the subject by Jacques Delors was not made during the official presentation of the project in Brussels, but in Paris and has already been mentioned in this column: “I was humiliated to see all the European leaders dealing with Putin separately; I am concerned by the divergent interests and arguments about the routes of the three gas pipelines. This means that in this vital energy domain, Europe does not exist”.
The commissioner for energy, Günter Oettinger, pointed out that Article 194 of the Lisbon Treaty introduces, following a long European judicial silence in the energy arena, the notion of “solidarity”, which covers: how the market functions; network inter-connection; energy efficiency; and the security of supply. The procedure for making decisions at the Council is based on majority voting, following an opinion from the Parliament, except for tax measures, which are based on unanimity. These are, however, general provisions and Oettinger did not conceal the fact that certain “conflicts of competency” have appeared between the national and European institutions. However, he also said that he believes that “mutual understanding is making progress”. In the current legal situation, it is up to member states to decide whether they agree to act together or on their own. The commissioner mentioned the South Stream project as an example of non-existent or insufficient European cooperation. Nonetheless, he claimed that he was “realistic and optimistic” because only the EU as a single entity is an appropriate partner to deal with giants like Russia and China. In his opinion, the first step will consist of using Article 194, followed by strengthened cooperation, as advocated by Jacques Delors.
The parliamentarians participating in the ceremony largely supported the initiative and President Jerzy Buzek underlined a number of specific aspects such as the “purchase groupings.
At the same time as these political initiatives, the Notre Europe association is pursuing its reflection on the implementation of appropriate legal formulas. This column will return to this subject tomorrow.
(F.R./transl.fl)