COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL AND THE COUNCIL A more efficient and democratic decision making in EU energy and climate policy
Date: 2019-04-09
Institutions: Directorate-General for Energy, European Commission
Subjects: EU energy policy, climate change policy, decision-making, drafting of EU law, energy cooperation, environmental tax, majority voting, nuclear policy, operation of the Institutions, tax law

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 9.4.2019  COM(2019) 177 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL AND THE COUNCIL A more efficient and democratic decision making in EU energy and climate policy  
 
 
1.  

Introduction 

The Energy Union is one of the key priorities of the European Union. Its fundamental goal is 
to  give  Europeans  –  households  and  businesses  –  secure,  sustainable,  competitive  and 
affordable  energy.  It  is  based  on  an  integrated  Union-wide  energy  system  contributing  to  a 
European  strategic  long-term  vision  for  a  prosperous,  modern,  competitive,  inclusive  and 
climate neutral economy.1 

In  recent  years,  important  progress  has  been  made  towards  the  Energy  Union  goals,  in 
particular  with  the  adoption  of  the  Energy  Security  package2,  the  Clean  Energy  for  All 
Europeans package3, which is the largest EU energy legislative package ever agreed, the EU 
climate  legislation4,  and  the  three  Mobility  Packages  of  2017-20185.  In  addition,  in  the 
context of the Clean Energy for All Europeans package, the Regulation on Governance of the 
Energy  Union6  will  facilitate  the  delivery  of  all  dimensions  of  the  Energy  Union,  based  on 
close  cooperation  between  the  EU  and  its  Member  States.  The  fourth  State  of  the  Energy 
Union report provides an overview of the progress made towards the Energy Union goals.7 

As part of a forward-looking agenda on energy and climate policy, there are areas which will 
need to be further improved to achieve all the policy objectives. An important aspect of this 
forward-looking  agenda  on  future  energy  policies  involves  examining  how  the  Union  takes 
decisions in this area. In his State of the Union address of 2017, President Juncker made clear 
that  for  important  single  market  questions,  decisions  in  the  Council  should  be  taken  more 
often  by  qualified  majority  –  with  the  equal  involvement  of  the  European  Parliament.  This 
latter  issue  is  particularly  relevant  in  the  nuclear  area  where  decisions  under  the  Euratom 
Treaty do not involve the European Parliament on the same terms as foreseen in the ordinary 
legislative procedure of the Lisbon Treaty. 

1 COM(2018) 773 final of 28. November 2018 – A Clean Planet for All. 
2  Regulation  (EU)  2017/1938  concerning  measures  to  safeguard  the  security  of  gas  supply;  Decision  (EU) 
2017/684  on  establishing  an  information  exchange  mechanism  with  regard  to  intergovernmental  agreements 
and non-binding instruments between Member States and third countries in the field of energy; COM(2016) 49 
final of 16. February 2016 – An EU strategy for liquefied natural gas and gas storage; COM(2016) 51 final of 
16. February 2016 – An EU Strategy on Heating and Cooling. 

3 COM(2016) 860 final of 30 November 2016 – Clean Energy for All Europeans. 
4  Directive  (EU)  2018/410  amending  Directive  2003/87/EC  to  enhance  cost-effective  emission  reductions  and 
low-carbon  investments,  and  Decision  (EU)  2015/1814;  Regulation  (EU)  2018/842  on  binding  annual 
greenhouse  gas  emission  reductions  by  Member  States  from  2021  to  2030  contributing  to  climate  action  to 
meet commitments under the Paris Agreement; Regulation (EU) 2018/841 on the inclusion of greenhouse gas 
emissions  and  removals  from  land  use,  land  use  change  and  forestry  in  the  2030  climate  and  energy 
framework. 

5 COM (2017)283 final of 31. May 2017 – An agenda for a socially fair transition towards clean, competitive  
   and connected mobility for all; COM (2017)675 final of 8. November 2017 – Delivering on low-emission  
   mobility; COM (2018)293 final of 17. May 2018 – Sustainable Mobility for Europe: safe, connected, and  
   clean. 
6 Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action. 
7 COM(2019) 175 of 3 April 2019 – Fourth report on the State of the Energy Union. 

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Over time, the EU has moved from unanimity to qualified majority voting, extended by the 
Single  European  Act8  to  most  policy  areas.  In  other  areas,  such  as  taxation,  a  shift  in  the 
decision-making process has not taken place. The reason for replacing unanimity by qualified 
majority is simple and compelling. Member States have recognised that when a certain level 
of ambition is needed in a particular policy area, a point is reached when the unanimity rule 
slows  down  progress  and  prevents  the  EU  from  adjusting  to  changing  realities  and  to 
providing Europeans with the most appropriate means to defend their interests. In this sense, 
every move towards qualified majority has been a major step forward for the EU. Qualified 
majority voting is  based on a  culture of  compromise.  It creates  greater space for discussion 
and  pragmatic  outcomes  that  reflect  the  interests  of  all.  This  flexible,  efficient  and  quick 
approach  to  decision-making  has  allowed  the  Union  to  become  a  global  reference  and 
standard setter in  policy  areas such as environmental and consumer protection, employment 
and social standards, data protection as well as free and fair trade.9 

A  change  of  the  Treaty  is  not  necessarily  needed  to  move  from  unanimity  to  qualified 
majority - this can be done with the so-called “passerelle clauses” in the current Treaties upon  
the approval of the Council or the European Council.  

This Communication sets out the rationale for more efficient and democratic decision-making 
in some energy policy areas, including in the nuclear area. It examines options for 

  enhanced  qualified  majority  voting  and  ordinary  legislative  procedure  under  the 
Treaty  on  the  Functioning  of  the  European  Union  as  already  pointed  out  in  the 
Communication “Towards a more efficient and democratic decision making in EU tax 
policy”. 

  stronger democratic accountability under the Euratom Treaty. 

Options  for  enhanced  qualified  majority  voting  under  the  Treaty  on  the 

2.  
Functioning of the European Union  

When examining the existing institutional set-up for the Energy Union, one of the main issues 
is whether the current EU decision-making procedures are fully fit for purpose in delivering 
the EU's energy and climate goals. 

2.1   The current decision-making process for energy and climate policy 

8 Single European Act, OJ L 169, 29.6.1987, p. 1–28. 
9 This is the third Communication on the issue of qualified majority voting. The previous Communications are: 
COM(2019) 8 final of 15. January 2019 – Towards a more efficient and democratic decision making in EU tax 
policy; and COM(2018)647 final of 12. September 2018  – A stronger global actor: a more efficient decision-
making for EU Common Foreign and Security Policy.  

2 

 
 
 
 
 
 
 
                                                           
The  Lisbon  Treaty  establishes  that  the  standard  decision-making  rule  in  the  Union  is  the 
ordinary  legislative  procedure,  whereby  legislative  acts  are  adopted,  on  a  proposal  by  the 
Commission, by the European Parliament and by the Council, the latter acting with qualified 
majority. This principle applies to the title for energy in the Treaty on the Functioning of the 
European Union (TFEU).  

The  Treaty10  explicitly  provides  for  qualified  majority  voting  for  energy  policy  measures 
aiming at: 

  ensuring the functioning of the energy market; 
  ensuring security of energy supply in the Union; 
  promoting  energy  efficiency  and  energy  saving  and  development  of  new  and 

renewable forms of energy; 

  promoting the interconnection of energy networks. 

In  this  context,  the  Treaty  also  explicitly  recognises  Member  States'  right  to  determine  the 
conditions  for  exploiting  their  energy  resources,  their  choice  between  different  energy 
sources, and the general structure of their energy supply.11 

In addition, the Treaty requires that in the field of energy the Council acts with unanimity, and 
after  consulting  the  European  Parliament,  when  adopting  provisions  that  are  primarily  of 
fiscal nature.12  

Similarly,  the  Treaty  requires  that  in  the  field  of  environmental  protection  the  Council  acts 
with unanimity when adopting (i) provisions of primarily fiscal nature; (ii) measures affecting 
the urban and country planning, the management of water resources or the land use, and (iii) 
measures which significantly affect Member State’s choice between different energy sources 
and the general structure of its energy supply.13 

2.2 

The need for more efficient decision-making procedures in taxation measures  

The Union is committed to achieving its energy and climate goals for 2030 and to continuing 
the transformation and modernisation towards a climate neutral economy in the future. One of 
the  fundamental  requirements  is  that  the  regulatory,  financial  and  taxation  policies  in  the 
fields of energy and climate are fully coherent and reinforce each other. 

Taxation  policy  is  an  important  instrument  to  ensure  achievement  of  the  Energy  Union 
objectives,  and  in  particular  to  facilitate  the  clean  energy  transition,  while  respecting  the 
principles of subsidiarity and proportionality.  

10 Article 194 (1) of the Treaty on the Functioning of the European Union. 
11 Article 194 (2) of the Treaty on the Functioning of the European Union. 
12 Article 194 (3) of the Treaty on the Functioning of the European Union. 
13 Article 192 (2) of the Treaty on the Functioning of the European Union. 

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Progress towards the completion of the single energy market is on-going and energy taxation 
has an important role to play. Taxes and levies represent a significant share of energy prices 
and their share has been growing in key products such as electricity in some countries.14 This 
increases the importance of the taxation framework for the functioning of the internal market 
and the growth benefits that come with it. 

The current energy taxation framework15 is based on Article 113 TFEU, which provides for a 
special legislative procedure with unanimity in the Council. This framework is not adapted to 
the Union’s ambition on energy and climate. It fails to provide for policy coherence between 
the  taxation  framework  and  energy  and  climate  policies  and  objectives.  While  reflecting 
Member  States’  taxation  patterns,  based  largely  on  revenue  raising  needs,  current  taxation 
policies fail to integrate in a systemic manner the impact of fuel and electricity consumption 
on  the  achievement  of  the  EU’s  energy  and  climate  objectives  as  well  as  the  health  and 
environmental objectives. In that respect, the Commission proposed on different occasions the 
use  of  a  tax  on  fossil  fuels  according  to  the  carbon  emissions  associated  with  their  use. 
Member States could not unanimously agree on the terms of these proposals. The recent call 
by  some  Member  States  to  make  use  of  border  carbon  tax  adjustments  would  also  require 
unanimity. 

2.3 

The status quo and the future of energy taxation 

The current European framework for energy taxation has remained unchanged since 2003 and 
is outdated. It hardly delivers on key objectives such as the diversification of energy sources 
and energy carriers or improvement of energy efficiency of production  and consumption, as 
taxes  are  not  based  on  the  energy  content  but  on  the  volume/weight  of  the  energy  products 
consumed. 

The absence of an increase in minimum rates for more than a decade at EU level has eroded 
the  tax-induced  price  signal  that  was  supposed  to  encourage  investment  in  energy-efficient 
technology  and  behaviour.  Moreover,  as  some  Member  States  have  increased  their  national 
level  of  taxation  since  then  while  others  have  not,  there  is  risk  of  growing  distortion  of 
competition  in  the  Single  Market  and  an  erosion  of  the  tax  base  in  high-taxing  countries, 
notably for motor fuels that can be easily and legally transported across borders.  In spite of 
repeated  calls  for  a  shift  in  the  taxation,  the  overall  percentage  of  tax  revenues  from 
environmental taxes in the EU has remained relatively unchanged over the last decade16. 

Also,  the  presence  of  sector-specific  energy  tax  exemptions  or  reductions,  notably  in  the 
aviation, maritime and road haulage and agricultural/fisheries sectors and for energy-intensive 
industries, in general substantially weakens incentives for investing in more energy efficient 

14 Total taxes represent 40% of the final electricity price for households according to COM(2019) 1 of 9 January     

2019 – the Energy Prices and Cost report. 

15 Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of  
    energy products and electricity.  
16 Source: Eurostat - Environmental taxes in the EU: countries compared 
   https://ec.europa.eu/eurostat/web/products-eurostat-news/-/DDN-20190212-1. 

4 

 
 
 
                                                           
capital  stock  and  production  processes  in  these  sectors.  These  tax  exemptions  or  reductions 
constitute  a  burden  for  other  sectors  and/or  private  households  that  have  to  make  up  the 
revenue  shortfalls  triggered  by  them.  Furthermore,  they  may  distort  competition  between 
industrial sectors and may promote inefficient and polluting modes of transport17. 

The  taxation  of  fuels  according  to  volume  and  not  according  to  their  energy  content 
discriminates against renewable fuels in favour of conventional fuels, in particular diesel, thus 
contradicting an energy policy that aims at fuel switching and the promotion of renewable and 
other clean energy sources. Neither does it help rebalancing of diesel supply and demand in 
the European fuel market. 

In  2011,  a  Commission  proposal  to  amend  the  Directive  2003/96/EC  restructuring  the 
Community  framework  for  the  taxation  of  energy18  proposed  the  introduction  of  a  CO2 
component  in  the  EU  energy  tax  framework.  CO2-based  taxation  was  to  be  applied  to  the 
sectors  not  covered  by  the  EU  Emission  Trading  System,  thereby  applying  a  coherent 
economy-wide  carbon  price  signal  in  the  EU.  Besides,  it  was  proposed  to  base  taxation  of 
energy  products  on  their  energy  content,  and  to  simplify  the  system  of  tax  reductions  and 
exemptions. However, it proved impossible to achieve the required unanimity among Member 
States on the main elements of the proposal, and notably on the introduction of a CO2-based 
tax  component.  Therefore,  in  2015,  the  Commission  decided  to  withdraw  its  proposal.  By 
consequence, the outdated 2003 framework has remained in place until today.  

The  Commission  is  currently  evaluating  the  Energy  Tax  Directive,  in  view  of  its  potential 
revision. The evaluation will look at the implementation of the different provisions, consider 
its effectiveness, its clarity, to what extent it has achieved its objectives, and identify possible 
shortcomings.  It  will  also  look  at  its  coherence  with  other  EU  policies  (e.g.  energy, 
environment, competition and transport), initiatives or measures. 

The future energy taxation regime should complement and reinforce EU energy legislation, as 
well as the enabling (financial/technological/social) framework, both at Member State and EU 
level.  In  that  view,  the  Commission  considers  the  following  three  aspects  as  crucially 
important. 

Energy taxation should support the clean energy transition 

Energy  taxes  should  be  designed  in  such  a  way  that  they  provide  notably  for  appropriate 
incentives to reduce emissions over time and improve resource efficiency, including through 
environmentally  consistent  tax  rates  across  various  energy  carriers  and  fuels.  They  can  also 
steer certain behaviour in a way that meets wider societal needs and objectives related to the 
clean energy transition and climate change. 

17  Some  of  these  sectors  are,  however,  subject  to  the  ETS  and  hence  a  carbon  price  signal,  notably  energy-

intensive industry and intra-EU flights. 

18 COM(2011)169 final of 13. April 2011 - Proposal for a Council Directive amending Directive 2003/96/EC  
    restructuring the Community framework for the taxation of energy products and electricity. 

5 

 
 
 
                                                           
Parallel to incentivising the use of clean energy sources, the taxation regime should also better 
reflect the full external costs of goods and services, in particular by the consistent application 
of  the  ”polluter  pays”  principle.  This  objective  has  not  yet  been  achieved.  In  particular,  the 
2018 energy prices and costs report19 showed that fossil fuel subsidies, notably in the form of 
tax reductions or exemptions, remain in place, despite the objective set in the Energy Union 
Strategy  to  phase-out  environmentally  harmful  subsidies.  One  way  of  addressing  such 
objective  could  be  the  use  of  a  carbon  tax,  which  can  change  consumption  and  production 
structures  making  them  less  carbon  and  energy  intensive,  leading  to  greenhouse  emission 
reductions  and  overall  energy  savings.  It  also  incentivises  investments  in  efficiency 
improvements and low-carbon technologies. 

Energy taxation would therefore reflect both the contribution to sustainable growth and clean 
technologies potential developments, as well as the external damages of each fuel and its uses. 
In that regard, energy taxes would be used to enable a market situation where the least-taxed 
solutions are those, which also reduce our ecological footprint and pollution. A key issue is to 
ensure the coherence of the current framework both for transport and for heating fuels. 

Energy taxation should contribute to sustainable and socially-fair growth  

Together  with  other  market-based  policy  instruments  (such  as  charges,  levies  or  emission 
quotas), taxation can be used to address specific environmental challenges, while at the same 
time  promoting  investment,  jobs  and  growth.  Economic  studies  show  that  certain  types  of 
taxes  –  such  as  those  on  labour  and  income  –  are  more  distortive,  while  others  such  as 
consumption and environmental taxes are growth-friendlier. 

Energy taxes and other market-based instruments should be in line with the investment needs 
that  prepare  the  future,  for  example  by  facilitating  the  deployment  of  key  technologies  that 
contribute to low carbon growth, which will be at the forefront of the clean energy transition.  

Energy  taxation  also  has  an  impact  on  the  proper  functioning  of  the  single  energy  market. 
Today energy markets, such as electricity, gas and oil, are to a large extent integrated at EU 
level and energy flows freely across Member States. This is reflected by, among other things, 
the  fact  that  national  prices  are  gradually  converging.  The  cost  of  electricity,  for  instance, 
have become 21% less spread out over the last decade.20 The completion of the EU’s internal 
energy  market  required  robust  legislation  to  remove  numerous  obstacles  and  trade  barriers. 
The  EU  regulatory  framework  has  progressively  enabled  the  achievement  of  the  Single 
Market. In contrast, energy taxation policy has not evolved at the same pace to promote better 
and  further  integration  of  the  internal  energy  market.  In  other  words,  electricity,  gas  and 
motor fuel  prices remain significantly impacted by  policy support costs and tax instruments 
set at national level and to a varying degree across Member States. 

19 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019DC0001&from=EN. 
20 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019DC0001&from=EN. 

6 

 
 
 
                                                           
The energy taxation regime should also minimize distortions deriving from different tax rates 
on competing fuels. There should be equal treatment of all energy sources, taking into account 
the  contribution  of  each  source  towards  the  overarching  Energy  Union  objectives.  For 
instance, consistency across energy sources should be sought across users to ensure that the 
tax  system  does  not  unduly  favour  fossil-based  solutions  for  consumers  (for  example 
encouraging  use  of  coal  in  heating  systems,  which  is  often  the  least  taxed  heating  fuel,  but 
also most polluting). 

Energy tax reform should reflect social equity considerations  

Energy  taxation  policy  could  negatively  affect  the  purchasing  power  of  economically 
vulnerable  consumers  if  the  social  impact  of  the  tax  system  is  not  taken  into  consideration. 
While tax increases for fossil fuels in the transport or heating sector are powerful incentives 
towards behavioural  change, in  the short term, consumers may not  be  easily able to  change 
their consumption patterns when an important share of their income is involved.  

Therefore, carefully designed accompanying measures are necessary to ensure that tax shifts 
in  line  with  the  energy  and  climate  policy  objectives  are  also  socially  acceptable  for  all 
citizens. These social issues will need to be addressed through the social policy and welfare 
systems,  the  financing  of  which  needs  to  effectively  benefit  from  tax  shifts  and  revenue 
recycling.  This  can  be  done  not  only  by  supporting  vulnerable  consumers  through  social 
policies, but also by using energy and environmental taxation revenues to favour the transition 
of  economic  sectors  and/or  regions  towards  environmental  performance  and  by  allowing  a 
reduction of labour taxation as a result of increased environmental taxes revenues. 

2.4 

The “passerelle clauses” as a tool to adapt the decision-making procedure 

The Treaties provide for the possibility, through the general provision of Article 48(7) of the 
Treaty on European Union (TEU) and through specific provisions in the TFEU to unlock the 
policy  areas  subject  to  unanimity  requirement  and  to  shift  the  voting  regime  to  that  of 
qualified majority. This possibility is referred to as the “passerelle clauses” and offers a move 
from unanimity to qualified majority voting.  

In  the  environment  title  of  the  TFEU,  a  specific  passerelle  clause21  has  been  introduced, 
which gives the Council competence to decide that environmental measures of a fiscal nature 
could  be  adopted  under  an  ordinary  legislative  procedure  with  qualified  majority  voting.  In 
order  to  exercise  this  competence,  the  Council  must  unanimously  agree  on  the  basis  of  a 
proposal from the Commission and after consulting the European Parliament, the Economic 
and Social Committee and the Committee of the Regions. 

The  passerelle  clause  established  in  the  environment  title  of  the  TFEU  could  be  used  for 
energy  taxation  measures  that  are  primarily  of  an  environmental  nature.  This  could  be 

21 Article 192 (2) of the Treaty on the Functioning of the European Union. 

7 

 
 
 
                                                           
justified  for  environmental  taxation  measures  aiming  at  reducing  CO2  and  other  polluting 
emissions or improving energy efficiency, which are key priorities of the EU’s Energy Union 
strategy  and  of  the  Paris  Agreement.  Since  energy  production  and  use  are  responsible  for 
more than three quarters of CO2 emissions, environmental taxes on CO2 emissions can only 
achieve their objective if energy production and use  are covered by such taxation measures. 
Accordingly,  CO2  taxation  measures  on  energy  should  benefit  from  the  passerelle  clause 
established in the environment title of the TFEU. 

The triggering of this passerelle clause would not directly affect the current competences of 
Member States in the field of taxation but would only amend the way these competences are 
exercised. Such an approach would rather contribute to the efforts to enhance the institutional 
framework  for  taxation  in  general.  Furthermore,  using  the  passerelle  clause  would  result  in 
applying  the  ordinary  legislative  procedure,  whereby  the  European  Parliament  and  the 
Council  as  co-legislators  represent  on  equal  footing  a  broad  range  of  interests.  Indeed,  the 
qualified majority voting is an expression of the fundamental idea of unified actions, based on 
compromise. This rationale is valid for the majority of policy decisions in the area of energy 
and climate, therefore the benefits of the qualified majority can be further explored in the area 
of environmental taxation as well.   

Such a move would form part of the more general approach on the use of passerelle clauses, 
as  outlined  in  the  roadmap  of  the  sectoral  Communication  “Towards  a  more  efficient  and 
democratic  decision  making  in  EU  tax  policy”22.  The  second  step  of  this  roadmap  provides 
that  moving  to  the  ordinary  legislative  procedure,  based  on  qualified  majority  voting  in  the 
Council and co-decision rights of the European Parliament, should cover measures primarily 
of  a  fiscal  nature  designed  to  support  other  policy  goals  including  the  fight  against  climate 
change. For this second step, the Commission has invited EU leaders to decide swiftly. 

The  Commission  also  underlined  in  this  Communication  that  more  efficient  tax-related 
decisions in this area would make it possible to implement a more environmentally friendly 
energy  policy,  for  example,  to  support  the  ambitious  EU  goals  on  climate  change.  The 
specific passerelle clause of Article 192(2) TFEU in the environment field, which in particular 
covers provisions of a primarily fiscal nature, offers a route to move from the special to the 
ordinary  legislative  procedure  for  a  more  environmentally  friendly  energy  policy.  As  an 
alternative, the use of the  general  passerelle clause in  Article 48(7) TEU would  provide for 
qualified majority voting for tax measures primarily designed for energy goals. 

3.  

Decision making under the Euratom Treaty 

Nuclear  power  is  a  reality  in  today’s  European  energy  mix.  Half  of  the  Member  States  use 
nuclear  energy  for  their  power  generation,  representing  27%  of  the  EU’s  electricity 
generation.  

22 COM(2019) 8 final of 15.1.2019. 

8 

 
 
 
                                                           
When the Euratom Treaty was signed in 1957, nuclear energy was seen as an energy resource 
for Europe’s economic development. This Treaty provides extensive supranational powers at 
Community level. In practice however, the application of those powers has been selective and 
has evolved over time. At its origins, Euratom was primarily intended to provide a boost to 
nuclear energy; today, its activities are related to safety, security of supply, safeguards, waste 
management, radiation protection, research and medical applications. Euratom has played an 
important  role  in  strengthening  nuclear  safety  in  new  Member  States  and  in  the  EU's 
neighbourhood.  The  potential  cross-border  impact  of  nuclear  safety  issues  requires  –  even 
more today and in the coming years – a legal framework that goes beyond the borders of the 
Member States. This  framework has been reinforced  with  the secondary  legislation adopted 
since the Fukushima accident. Similarly, ageing power plants throughout the EU are raising 
issues  of  lifetime  extension,  timely  phasing  out,  decommissioning,  waste  management  and 
related investments. The importance of these issues will increase in the years to come.  

There is a clear understanding that the use of nuclear energy is a national choice to be made 
by each Member State and this will continue to be the case. The Euratom Treaty provides the 
most advanced legal framework in the world in the areas of nuclear safety, waste management 
or  radiation  protection.  There  is,  however,  a  recognised  concern  that  the  Euratom  Treaty 
needs  to  evolve  in  line  with  a  more  united,  stronger  and  democratic  EU.  This  concern  is 
reflected  in  the  Declaration  that  five  Member  States  made  to  the  Treaty  of  Lisbon23  noting 
that the core provisions of the Treaty establishing the European Atomic Energy Community 
have not been substantially amended since its entry into force and need to be brought up to 
date. 

A central aspect is the democratic accountability of Euratom and in particular the involvement 
of  the  European  Parliament  and  national  Parliaments.  The  Treaty  of  Lisbon  extended  the 
ordinary  legislative  procedure  to  nearly  all  policy  areas  where  the  European  Parliament 
previously only had a consultative role. While the ordinary legislative procedure also applies 
in  general  to  the  Euratom  Treaty24,  in  practice  the  provisions  of  the  Treaty  regarding  the 
adoption of legal acts do not foresee it. The European Parliament is only consulted on these 
provisions. Similarly, the Treaty of Lisbon introduced an enhanced role for the Parliament in 
the  process  for  concluding  international  agreements,  with  Parliament’s  consent  often 
necessary.25 This is not the case under the Euratom Treaty where the European Parliament is 
not  consulted  on  the  conclusion  of  international  agreements.  Therefore,  it  may  be  useful  to 
explore  how  to  enhance  the  role  of  the  European  Parliament  to  improve  the  democratic 
legitimacy of decision-making under Euratom.  

23 Declaration 54 to the Treaty on the Functioning of the European Union by the Federal Republic of Germany, 

Ireland, the Republic of Hungary, the Republic of Austria and the Kingdom of Sweden. 

24 Article 106a of the Euratom Treaty lists the provisions of the Treaty on European Union and the Treaty on the 
Functioning of the European Union that also apply to the Euratom Treaty. These include Articles 288 to 299 of 
the  Treaty on the Functioning of the European Union, covering the legal acts of the Union and the procedures 
for the adoption of acts and other provisions. 

25Articles 207 and 218 of the Treaty on the Functioning of the European Union. 

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An  additional  area  where  the  Euratom  Treaty  does  not  reflect  improvements  in  terms  of 
transparency  and  democratisation  achieved  in  the  successive  reforms  of  the  EU  Treaties  is 
with  regard  to  the  role  of  national  Parliaments.  While  Protocol  No.  1  on  the  role  of  the 
national Parliaments in the European Union is part of the Euratom Treaty framework, there is 
no equivalent in the Euratom Treaty to Article 12 of the Treaty on EU that sets out the role of 
national Parliaments. Against this background, it may be useful to explore whether the role of 
national Parliaments under the Euratom framework can be reinforced further.  

The  Commission  should  also  take  initiatives  to  increase  the  involvement  of  civil  society  in 
nuclear policy making and raise EU-wide interest in relevant fora. On some nuclear matters, 
the availability of information can be understandably limited, especially in the field of nuclear 
security. While this is a legitimate concern, issues such as nuclear safety, the management of 
radioactive  waste  and  emergency  planning  deserve  to  continue  to  be  debated  as  openly  as 
possible in line with existing rules.   

These  issues  are  central  to  citizens’  concerns.  The  first  step  is  rigorous  implementation  of 
recently agreed legislation. In the area of responsible and safe management of spent fuel and 
radioactive  waste,  it  is  of  utmost  importance  that  Member  States  continue  to  develop 
comprehensive plans for the management of nuclear waste and implement these plans. When 
cross-border impact is at stake, cross-border consultations between Member States should be 
promoted  as  well  as  stronger  involvement  of  European  Nuclear  Safety  Regulators  Group 
(ENSREG).  The  EU's  and  Member  States'  collective  ability  to  respond  to  nuclear  accidents 
should  be  reinforced,  in  particular  to  clarify  financial  responsibility  and  ensure  adequate 
financing in this respect.  

The Euratom Treaty does not provide for a simplified procedure for its revision in the sense of 
Article 48(7) TEU. The passerelle clauses under the EU Treaties are also not applicable to the 
Euratom  Treaty.  Therefore,  a  revision  of  the  Treaty,  aiming  at  extending  the  use  of  the 
ordinary  legislative  procedure  to  the  Euratom  Framework,  would  require  the  use  of  the 
ordinary Treaty revision procedure under Article 48 TEU. 

Consequently,  a  change  of  the  Euratom  Treaty  to  extend  the  use  of  the  ordinary  legislative 
procedure  would  need  to  be  part  of  a  broader  process  of  Treaty  reform  using  the  ordinary 
Treaty revision procedure under Article 48 TEU and should be seen in the longer-term, post-
2025  perspective.  In  the  months  to  come,  the  European  Commission  will  establish  a  High 
Level Group of Experts whose task will be to assess and report to the Commission on the state 
of  play  of  the  Euratom  Treaty  with  a  view  to  considering  how,  on  the  basis  of  the  current 
Treaty, its democratic accountability could be improved. 

4. 

Conclusion 

As the Commission has recently stressed in its Communication “A Clean Planet for All”, the 
energy  transition  requires  a  comprehensive  economic  and  societal  transformation,  engaging 
all  sectors  of  the  economy  and  society  to  achieve  the  transition  to  climate  neutrality  and 
sustainability by 2050. 

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Achieving this objective requires decisive action across policy areas and it is essential that the 
EU should be equipped with the tools to take the necessary decisions in a manner that is both 
efficient and democratic. 

In this sense, significant progress has been achieved over the last years with the completion of 
the  Energy  Union  policy  framework.  On  the  regulatory  side,  this  progress  is  closely  linked 
with  the  use  of  the  ordinary  legislative  procedure.  Full  involvement  of  the  European 
Parliament and the Council has played a positive role, both in terms of the democratic nature 
of the process, as well as for achieving an ambitious outcome on many important files. 

This  Communication  has  identified  two  areas  where  decision-making  could  be  further 
enhanced to the benefit of achieving Energy Union objectives.  

 The Commission calls on EU leaders: 

– 

In line with the earlier call,26 to decide quickly on the use of the general passerelle clause 
(Article 48(7) TEU) in order to move to the ordinary legislative procedure and qualified 
majority  voting.  The  European  Council  is  invited  to  notify  national  Parliaments  of  its 
initiative  and  seek  the  consent  of  the  European  Parliament.  Besides,  the  specific 
passerelle clause of Article 192(2) TFEU offers an obvious route to move to the ordinary 
legislative procedure for taxation matters in the environmental field; 

–  Together  with  the  European  Parliament,  the  Council  and  other  stakeholders,  to  engage 
actively  in  the  reflections  of  the  High  Level  Group  of  Experts  which  the  Commission 
would  invite  to  assess  how  best  to  increase  the  democratic  accountability  and 
transparency in the framework of the Euratom Treaty. 

26 COM(2019) 8 final of 15. January 2019 – Towards a more efficient and democratic decision making in EU tax    
    policy. 

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