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In the first article of this series, you discovered the fossil fuel industry’s secret weapon which prevents us from making the energy transition. In the second article, you understood how we came to sign such a Treaty and in the third article, the mechanisms preventing this Dirty Treaty to become green were explained. Well done, you’ve reached the last article of the series – of which will discuss the way forward.

Time to implement an end-date to the “modernizing” process

The ECT was signed in 1994 and enforced in 1998. The European Union soon saw the little trick (ECT, article 26) which rendered the ECT a major obstacle to the energy transition. It waited for the Russian departure in 2009 to start the so-called “modernization process” – that is to say 11 years ago. Today, the negotiations are at an impasse as a result of fossil fuel intensive States blocking any modernisation with their veto. It’s now time to stop this endless process, and to implement an official end-date. If States have not reached an agreement by then, the EU should withdraw along with all EU Member States.

What about the sunset clause?

Out of the 135 known cases to date, 88 are intra-European. It means that if the EU leaves it with its Member States, they could agree between themselves not to apply this clause.

What’s the way forward?

In all of this, there is hope. On the 3rd of December 2020, the European Commission explicitly stated for the first time that the withdrawal of the Treaty was an option. On October 8th, MEPs voted the amendment 143 to the Climate Law, stating that “The Union shall end protection of investments in fossil fuels in the context of the modernization of the Energy Charter Treaty”. 300 MEPs signed a letter to withdraw from the Treaty.

On the 10th of December, the Council of the EU will vote on the Climate Law. They must vote for the amendment 143 – to show that they are truly there to act for our future.

On the 16th of December, there will be the annual conference of the ECT. In our letter to the 27 Heads of States, Environmental and Energy Ministers, we have asked them for a public answer on our request for an end-date to negotiations as well as for a withdrawal from the ECT.

A withdrawal from the ECT would be the best Christmas gift ever for future generations!

A young man who would rather not die in 10 years

If you have been passionate about this article and would like to dig deeper in the subject and find more resources, go have a read of our two articles “The ECT, an obstacle to the Energy Transition: how did we get there?” and “The ECT, an obstacle to the Energy Transition: the way forward”

Written by Zaraï De Pelsmacker, Alexandra Aldou and Alix Dardennes