IPOL | Policy Department for Citizens’ Rights and Constitutional Affairs
56
PE 703.592
However, given that the ECT has already been in force for more than
two decades, in combination with
the long 20- year sunset clause before any decision to unilaterally withdraw and to be confined into
the 20-year period, the alternatives should be carefully examined.
One of these alternatives include efforts to mutually terminate the ECT with or without a successive
treaty, such an option being optimum. This option will terminate the
ECT for every party involved,
including for the investments already made, and will create space for an up-to-date
treaty in the energy
sector to emerge. Nonetheless, such an option requires consensus from every Contracting Party.
Furthermore, another alternative is to follow the amendment procedure of the ECT, and either limit the
duration and even repeal the sunset clauses if possible, or amend the substantive
provisions of the ECT
to make them more compatible with the Paris Agreement. However, the amendment procedure of the
ECT is subject to a very rigid procedure requiring unanimity of the Parties of the ECT.
In the case that consensus to amend or terminate the ECT is not foreseeable, the alternative would be
to mitigate the impact of the ECT by modifying the sunset clause among certain Parties to the ECT.
Namely, the
EU Member States and the EU, and have each of them unilaterally withdraw. According to
this option, the treaty would be terminated, and the sunset clause would expire in advance only among
the EU Member States and the EU. However, for the
remaining Parties to the ECT, both sectional sunset
clauses would be activated.
The following parts will examine with more detail the option to terminate the ECT, with or without a
new Treaty. Then they will review the amendment of changing the duration of the sunset clause to a
shorter
duration, or whether or not the multilateral agreement to repeal the sunset clause altogether
should occur. Alternatively, he option to amend the content of the ECT and its substantive provisions,
by adding escape clauses would be discussed. Finally, this chapter will conclude with the modification
of the ECT sunset clause only for certain Parties and then as follows their withdrawal from it.
Dostları ilə paylaş: