EU climate law sans frontières: The extension of the 2030 Framework to the Energy Community contracting parties

• DOI: http://doi.org/10.1111/reel.12352
• Published date: 01 July 2020
• Author: Stephen Minas
• Date: 01 July 2020

RECIEL. 2020;29:177–190.  

|

  177wileyonlinelibrary.com/journal/reel

1 | INTRODUCTION

The adoption an d subsequent streng thening of the 2030 C limate

and Energy Policy Framework were milestones in the development

of the European Uni on’s (EU) approach to climate poli cy. The legisla-

tion to implemen t the 2030 Framework is impo rtant to the achieve-

ment of the EU’s nation ally determined contr ibution (NDC) under

the Paris Agr eement. Neverth eless, the EU is respons ible for a de-

clining share of global greenhouse gas emissions, currently esti-

mated at around 9 pe rcent.1 This indicates th at the EU’s domestic

emission abatement and turn to cleaner energy, while important and

necessary, ca n have only limited impact on the g lobal trajectory. Of

at least equal im portance is the EU’s ab ility to work with othe r

countries – esp ecially those whose emissions h ave yet to peak – to

strength en their climate mitigat ion outcomes. Recognizi ng this, EU

diplomacy and development assistance increasingly target the

achievement of clim ate mitigation, as well as ad aptation, beyond the

EU’s borders.

For these reason s, the study of the 2030 Frame work’s domestic

operation sho uld be complemented by an investig ation of its exter-

nal dimension. I n January 2020, the C ouncil of the EU conclude d that

‘[e]fforts beyo nd the EU must urgently be s caled up … The European

Union needs to urg e third countries to intensify th eir efforts along-

side the Europea n Union.’2 Can the 2030 Framework , in addition to

structur ing EU and Member State cli mate mitigation, contr ibute to

this objecti ve to strengthen ac tion in third countrie s? This article

 1Commission (E U), ‘The Europe an Union Contin ues to Lead Glob al Fight agains t Climate

Change’ (11 September 2019) ec.europa.eu/clima /news/europ ean-union -conti

nues-lead-globa l-fight -again st-clima te-change_en>. E xcluding the United Kingdom’s

emissions, t his figure woul d be even lower.

 2European Co uncil, ‘Counc il Conclusions o n Climate Diplo macy’, 5033/20 (20 Ja nuary

2020) paras 3 , 5.

Received: 13 Febr uary 2020 

|

  Accepted: 23 May 2020

DOI: 10 .1111/reel .12352

SPECIAL ISSUE ARTICLE

EU climate law sans frontières: The extension of the 2030

Framework to the Energy Community contracting parties

Stephen Minas

This is an open ac cess article und er the terms of the Crea tive Commons Attr ibution License, w hich permits use , distribution an d reproduction i n any medium,

provided the o riginal work is prop erly cited.

© 2020 The Autho rs. Review of European, Comparative & International Environmental Law published by John Wiley & So ns Ltd

Correspondence

Email: stephen.minas@kcl.ac.uk Abstract

As challenging as me eting the 2030 climate a nd energy tar gets will be for the Europ ean

Union (EU), it is the decision to ex tend the 2030 Framework to the contract ing par-

ties of the Energy C ommunity (EnC) which will ar guably require a truly Her culean

effort. In 2018, t he contracting partie s agreed to adapt the revised Energ y Efficiency

and Renewable Energ y Directives, and the E nergy Union Governance Regu lation.

However, the EnC parties face s ignificant obstacles , while the Energy Commu nity

has limited compliance me chanisms. This article ex amines the Energy Comm unity

as a hybrid legal space in w hich the European Commission, EnC Secr etariat and con-

tracting par ties co-create legal order. It investig ates major challenges to the ext en-

sion of the 2030 Framewor k to the Energy Community, includin g the EnC’s structure

and composition, wea knesses in national implementat ion and a limited dispute reso-

lution regime. The ar ticle also reflects on the r ole of law in the external dimension of

EU climate policy.