Vogler: The Challenge of the Environment, Energy, and Climate Change

Introduction to EU Environmental and Climate Governance

• Environmental and climate change policies represent foundational pillars of the European Union's (EU) involvement in global governance.

• A central theme of the text is the inextricable link between the Union's internal competencies and its external influence: external policy is often a direct extension of internal domestic policy development.

• The Relationship between International Requirements and Domestic Policy: The acquisition of internal competencies has historically permitted extensive Union participation in international environmental cooperation. Conversely, international legal obligations (such as the Kyoto Protocol) have driven the formulation of domestic EU policies.

• Since the 1980s, the concept of Sustainable Development has served as the key organizing principle (leitmotif) of global environmental politics, though it forces the EU to confront issues of 'coherence' between its environmental, trade, and development strategies.

• Climate leadership has become a core component of the EU's international identity. Despite failures in other areas like the Common Foreign and Security Policy (CFSP), the EU has established itself as a global 'power' by orchestrating international regimes and mediating between developed and developing nations.

The Legal and Historical Evolution of Environmental Policy

• Absence in Original Treaties: The 1957 Treaty of Rome contained no mention of the environment, focusing solely on economic regeneration. The 1955 Messina Declaration stated: 'Putting more abundant energy at a cheaper price at the disposal of the European economies constitutes a fundamental element of economic progress.'

• Early Creative Interpretations: Commission activists initially developed environmental policy through 'niche' approaches, inserting environmental standards into the harmonization of rules for vehicle and packaging standards.

• The Stockholm Catalyst: The 1972 United Nations Conference on the Human Environment (Stockholm) led the original six EU members plus Britain, Denmark, and Ireland to declare that economic growth must be tempered by environmental concerns.

• Legislative Growth: Since the 1973 environmental action programme, the EU has generated over $250$ specific acts of protective legislation. Today, upwards of $80 \%$ of member state domestic environmental laws are initiated by EU environmental directives.

• Treaty Formalization: Environmental protection was formally recognized as an objective in the 1986 Single European Act and the Lisbon Treaty (TFEU Articles 191 and 192).

• Competence Framework: Under Article 191, most environmental issues fall under 'shared competence' (TFEU Article 4(e)). Legislative procedures typically involve Qualified Majority Voting (QMV) in the Council and co-decision with the European Parliament.

External Competence and the ERTA Doctrine

• The ERTA Case (ECJ Case 22/70, 31 March 1971): This landmark judgment by the European Court of Justice (ECJ) established the principle of 'parallelism.'

• Doctrine of Parallelism: The Court ruled that external authority arises not just from express treaty conferment but also flows from the system of internal measures. Once the Community lays down common internal rules, member states no longer have the right to undertake obligations with third countries that affect those rules.

• Mixed Agreements: This doctrine allows the Union and its member states to participate alongside one another as signatories in international negotiations (e.g., the Kyoto Protocol) as 'mixed agreements.'

• The 'EU Bunker': During international negotiations, EU officials often spend excessive time in internal coordination meetings (mirroring Council Working Groups sur place) to reach a unified position before engaging with external partners.

• Recognition of the Union: While the EU has full membership in the World Trade Organization (WTO) and the UN Food and Agriculture Organization (FAO), it is denied full representation in the UN General Assembly and the UN Environment Programme (UNEP).

• REIO Status: To facilitate participation, the EU utilizes the status of a Regional Economic Integration Organization (REIO). This allows the Union to be a full participant and cast the votes of all member states, though not in addition to them.

Sustainable Development and the Global Goal Framework

• The Brundtland Report (1987): Popularized 'Sustainable Development' as a political and financial accommodation between Northern ecological concerns and Southern demands for poverty reduction.

• Sustainable Development Goals (SDGs): In 2015, the UN agreed upon $17$ SDGs to be achieved by $2030$. The Commission views these as a 'moral compass' synonymous with the European Green Deal.

• Policy Coherence Challenges: The EU struggles to align its environmental goals with the Common Agricultural Policy (CAP) and the Common Fisheries Policy (CFP). For decades, the CFP was criticized for 'southern agreements' that allowed EU trawlers to deplete West African fish stocks.

• Carbon Border Adjustment Mechanism (CBAM): Proposed as part of the Green Deal, this controversial policy aims to impose taxes on carbon-intensive imports to prevent EU firms from being undercut by partners with weaker environmental standards.

The Intertwined Problem of Climate and Energy

• The Climate Challenge: Mitigation involves reducing Greenhouse Gas (GHG) emissions, while adaptation involves preparing for mean global temperature increases. The atmosphere is a 'global common' and a 'public good,' making international cooperation essential to prevent 'free-riding.'

• Scientific Warnings: The Intergovernmental Panel on Climate Change (IPCC), created in $1988$, concluded in $2021$ that human influence on warming is 'unequivocal.' UN Secretary-General Guterres described the sixth assessment report as 'code red for humanity.'

• Temperature Thresholds: The EU has been committed since $1996$ to holding temperature increases below $2 \, ^{\circ}\text{C}$. In $2015$, it supported the transition to a $1.5 \, ^{\circ}\text{C}$ threshold.

• Integration Failures: The EU entered the climate negotiations of the 1990s without a common energy policy. Energy policy remains largely within member state competence (Article 176(a) TFEU), particularly regarding 'energy mix,' supply, and taxation.

Security Implications: Climate vs. Energy

• Climate Security as a 'Threat Multiplier': This concept (adopted in 2008) suggests that climate change exacerbates existing conflicts (e.g., desertification in Africa, melting Arctic ice) and threatens the long-term survival of the Union.

• Energy Security (Article 194(1) TFEU): Traditionally defined as the 'availability of sufficient supplies at affordable prices.'

• Hydrocarbon Dependence: The Union depends on imports for approximately half of its total energy requirements. It imports $90 \%$ of its gas, with over $45 \%$ originating in Russia.

• Vulnerability Disparity: Some states (e.g., Romania and Bulgaria) are dependent on a single Russian supplier due to Cold War-era infrastructure. Germany historically sought energy interdependence with Russia through projects like Nordstream 1 (completed 2011-2012) and Nordstream 2 (completed 2021, but blocked in 2022).

Geopolitical Responses to Energy Insecurity

• Diversification Stated Goals: The Objective is to avoid dependence on a single route or supplier. Following the 2022 invasion of Ukraine, the Commission sought to increase LNG (Liquid Natural Gas) imports.

• US-EU Energy Task Force: In March 2022, President Biden committed to an additional $15 \, \text{bcm}$ (billion cubic metres) of LNG to Europe, with a long-term goal of $50 \, \text{bcm/pa}$.

• Renewable Synergies: The Green Deal promotes 'win-win' solutions where renewable energy enhances both energy security (by reducing imports) and climate security (by reducing GHGs).

• The Coal Risk: The global energy crisis of 2022 saw some member states (notably Poland) return to domestic coal to replace Russian hydrocarbons, threatening the 'just transition' and emission targets.

Evolution of the International Climate Regime

• UNFCCC (1992): Signed at the Rio Earth Summit. The EU fought the US for binding targets but settled for a document focused on national inventories.

• The 'EU Bubble': An internal burden-sharing agreement where less developed EU members could increase emissions while the whole Union delivered a collective reduction. This was aided by the choice of a $1990$ baseline, which captured the closure of inefficient East German plants and Britain's 'dash for gas.'

• Kyoto Protocol (1997): Developed nations (Annex 1) agreed to an aggregated $5.2 \%$ reduction. The US participated in the design of 'market-based' flexibility mechanisms (carbon trading, Clean Development Mechanism) but ultimately failed to ratify due to the Byrd-Hagel Resolution.

• Emissions Trading Scheme (ETS): Launched in $2005$, it is a 'cap and trade' scheme. Though it faced carbon price collapses (e.g., $6 \, \text{euro per tonne}$ in 2014), it remains the primary tool for EU emissions reduction.

• Copenhagen (2009): Widely regarded as a disaster for the EU. A last-minute non-binding deal (the Copenhagen Accord) was struck between the US and the BASIC group (Brazil, South Africa, India, China) without EU involvement.

• Durban (2011) and the Cartagena Dialogue: The EU successfully brokered a coalition of developed and developing nations, leading to the Durban Platform and ending the 'firewall' between Annex 1 and non-Annex 1 countries.

The Paris Agreement (2015) and Beyond

• Structural Ambition: Negotiated as a 'pledge and review' system based on Nationally Determined Contributions (NDCs) rather than top-down binding targets.

• The 'Ratchet' Mechanism: Requires nations to produce improved NDCs at five-year intervals.

• High Ambition Coalition: An EU-led initiative (supported by Commissioner Hedegaard and funding from Norway) that brought together countries across the spectrum, eventually including the US, to promote the $1.5 \, ^{\circ}\text{C}$ target.

• North-South Tensions: Disagreements persist regarding 'loss and damage' compensation for climate-ravaged nations and the automatic transfer of proceeds from carbon trading to adaptation funds.

The European Green Deal and the 'Fit for 55' Package

• Climate Law Regulation (2021): Mandates net-zero GHG emissions before $2050$.

• Intermediate Target: A reduction of $55 \%$ in emissions by $2030$ against a $1990$ baseline.

• Specific Proposals:

  • Extending ETS to buildings, transport, and the international maritime sector.

  • Revision of the Energy Tax Directive to remove exemptions for aviation and shipping fuels.

  • Implementation of the CORSIA (Carbon Offsetting and Reduction Scheme for International Aviation) within the ETS.

Summary of Comparative Global Emissions (2019 Data)

• China: $11.5 \, \text{billion m.t.}$ ($30.3 \%$ of global share); $8.1 \, \text{m.t. per capita}$.

• USA: $5.1 \, \text{billion m.t.}$ ($13.4 \%$ of global share); $15.5 \, \text{m.t. per capita}$.

• EU: $3.3 \, \text{billion m.t.}$ ($8.7 \%$ of global share); $6.5 \, \text{m.t. per capita}$.

• India: $2.6 \, \text{billion m.t.}$ ($6.8 \%$ of global share); $1.9 \, \text{m.t. per capita}$.

• Russia: $1.8 \, \text{billion m.t.}$ ($0.47 \%$ of global share); $12.5 \, \text{m.t. per capita}$.

Questions & Discussion

• Connie Hedegaard (Former EU Climate Commissioner): Remarked on the lessons of the 2009 Copenhagen conference: 'In the last hours, China, India, Russia, Japan each spoke with one voice, while Europe spoke with many different voices… A lot of Europeans in the room is not a problem, but there is only an advantage if we [all] sing from [the] same hymn sheet.'

• The Role of National Leaders: At Copenhagen, the presence of Prime Ministers Brown, Merkel, and Sarkozy was noted to have diverted attention and fragmented the EU's unified negotiation capabilities.

• The 'Walk the Walk' Reputation: One developing world negotiator interviewed in Bonn in 2013 stated: 'Others may "talk the talk", but we know that the EU also "walks the walk".' This highlights the credibility the EU derives from actually implementing its environmental acquis.

• Impact of Brexit: Commentator Bocse (2020) argued that Brexit hijacked the EU agenda, captured human resources, and reduced the scientific and diplomatic weight the UK formerly added to the Union’s climate efforts.