RE: ECT17 Dec 2019 11:47
Open letter on the Energy Charter Treaty (ECT)
Dear Ministers,
Commissioners,
Members of Parliament and of the European Parliament,
We are writing to you as concerned civil society groups and trade unions from member states of the Energy Charter Conference, which will hold its annual meeting in Brussels over the next two days (10-11 December 2019). A first negotiation round to modernise the Energy Charter Treaty (ECT) will take place on 11 December.
We – 278 environmental, climate, consumer, development, and trade related civil society groups, as well as trade unions – believe that the ECT is incompatible with the implementation of the Paris Climate Agreement, just transition policies developed together with workers and their unions, and other necessary public policy measures. The ECT has been – and will increasingly be – used by fossil fuel and nuclear energy companies to challenge government decisions to phase out such energy sources. It can also be an obstacle to prioritising investment in renewable energy and energy efficiency, to bringing energy production under public control, and to taking measures to end energy poverty. The ECT in its current form is outdated and a threat to the public interest.
We therefore call on you to ensure that the ECT can no longer undermine action to avoid climate breakdown, protect the environment, and make energy affordable for all. We also call on you to immediately halt the geographic expansion of the ECT to even more signatory states.
The ECT includes many rules – including on energy transit and trade – but the provisions protecting foreign energy investments are of particular concern. They allow foreign investors in the energy sector to directly sue ECT signatory states outside of existing courts, in secretive international tribunals consisting of three private lawyers. In these tribunals investors can claim dizzying sums of public money in compensation for government actions that they argue have affected their profits.
We identify six key problems with the ECT:
The ECT protects fossil fuel investments and infrastructure, and is used to challenge and undermine necessary climate action. Since 2017, the UK company Rockhopper has been suing Italy over a ban on new oil and gas operations near the country’s coast, claiming up to $350 million in compensation;[1] in 2017, Canadian company Vermilion threatened to sue France over a proposed law to end fossil fuel extraction, which was then significantly weakened;[2] and in autumn 2019, German company Uniper announced that it would sue the Netherlands and claim compensation if the country approved a law to phase out coal-fired power plants.[3] We are likely to see more ECT lawsuits against climate action in the future as governments start to develop plans for climate neutrality and a clean energy transition. There is a real risk of so called ‘regulatory chill’, where governments are discouraged from taking action when faced with massive compens