Making it possible for the EU to ratify the Paris climate agreement by 7 October without waiting for the 28 member states is a matter of political urgency so that the EU can contribute to the imminent coming into force of this historic agreement and be able to take part in COP 22 in Marrakesh (7-18 November) as a party to the agreement.
Justified by this urgency, the political decision to use a non-simultaneous ratification procedure, unprecedented for a “mixed competence” agreement, is likely to be taken on Friday 30 September when EU environment ministers will travel to Brussels for the extraordinary Environment Council meeting called by Slovak minister Laszlo Solimos (see EUROPE 11629). The Council will also adopt conclusions on the EU position for COP 22 – a stock-taking COP on implementation of all the commitments, including financial, made in Paris.
Coordinated but not simultaneous ratification. Ministers will be asked for their unanimous approval of the decision authorising ratification by the EU as soon as the European Parliament gives its assent, which is expected to come in Strasbourg on 4 October. That would allow the Council formally to approve the act of ratification (by written procedure) and the EU to deposit its instrument of ratification with the United Nations on 7 October, one month before the first meeting of the parties to the Paris Agreement and the opening of COP 22.
The uniqueness of the proposed procedure is in the EU’s depositing its instrument of ratification at the same time as those member states which are ready, dispensing with the simultaneous deposit of theirs by all 28 member states – a procedure which will also require Council approval. “The usual procedure with a mixed competence agreement would require the EU to wait for the 28 member states. National parliaments are key players. If they were short-circuited, it wouldn’t be democratic”, a European source explained on Wednesday. “There is no legal obstacle to the coordinated deposit of instruments of ratification, even if it is not simultaneous. The principle agreed is that of coordinated, but not simultaneous, ratification with all member states collectively undertaking to complete their national procedures as swiftly as possible”, said a diplomatic source on Thursday.
At the Coreper meeting on Wednesday 28 September, member states’ ambassadors exchanged views on a draft statement, a re-draft of which will be put to ministers “reflecting all the concerns expressed, including those of Poland”. Polish Environment Minister Jan Szyszko, who wrote to his counterparts on Monday 26 September, to ask their agreement that his country be allowed to build new coal-fired power stations and, for the post-2020 period, to use emission credits available under the Kyoto Protocol, met COP 21 President Ségolène Royal in Paris on Wednesday and did not put in doubt his stated desire to ratify the agreement as quickly as possible. “No delegation is suggesting that it might oppose an agreement in Council”, said the same source.
Reassurances for the member states. The expected Council political decision will be accompanied by a joint statement by the Commission, the Council and the member states (and no longer a joint Commission and Council statement). The statement will indicate that this unprecedented procedure responds to the wish expressed by the European Council of March that the EU be a party to the agreement from its coming into force. It will state that the use of this procedure will not create a precedent and will emphasise the importance of the role of national parliaments in the ratification process (in response to the concerns expressed by Denmark, Ireland, Italy and Poland) and the need not to leave those countries which are not yet ready out of the negotiations.
Race against time. The Paris Agreement will come into force 30 days after at least 55 parties responsible for at least 55% of global emissions have deposited their instruments of ratification with the UN. On Thursday 29 September, 62 countries which produce some 48% of global emissions had already done so. These include the United States (17.89% of global emissions), China (20.09%), Brazil (2.48%) and Mexico (1.78%). The first condition has therefore already been met. The second, the volume of emissions, is within touching distance and could be achieved if the EU and the few member states which have already completed their national procedures (France, Austria, Hungary, Germany and soon Slovakia) or are close to doing so (possibly Portugal) deposit their instruments of ratification with the UN at the same time on 7 October. While collectively the EU produces 12.1% of global emissions, these member states are responsible for 5-6%, which would be more than enough to achieve the threshold.
India (4.10%) has announced that it will ratify the agreement on Sunday 2 October. That would take the total to 51.89% of global emissions. If Canada (1.95%) and Australia (1.44%) follow suit before 7 October, the second threshold will have been reached without the EU. It has now become a race against time, for a good cause. (Original version in French by Aminata Niang)