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Eprs Ata (2022) 738226 en
Eprs Ata (2022) 738226 en
Background
On 18 October 2022, the European Commission adopted a proposal for a Council regulation enhancing
solidarity through better coordination of gas purchases, exchanges of gas across borders and reliable price
benchmarks. This is one of several urgent EU legislative actions undertaken to address the energy crisis
triggered by Russia's illegal invasion of Ukraine. The proposal is linked to the Commission's REPower EU
plan (18 May 2022), which aims to end Europe's reliance on energy imports from Russia and accelerate the
clean energy transition. And it is closely related to other emergency EU legislation adopted over the course
of 2022, including an EU Regulation on filling in gas storage levels; a Council Regulation voluntarily curbing
gas consumption over the winter period; and a Council Regulation containing a series of emergency
measures (demand reduction, market intervention and windfall levies) to address the problem of very high
energy prices across the EU in 2022 and 2023 (see EPRS briefing on the topic).
Legal basis
The proposed Council regulation uses Article 122 of the Treaty on the Functioning of the European Union
(TFEU) as its legal basis, like many other urgent EU proposals adopted in the face of the energy crisis. Article
122 TFEU is designed for use in case of a serious threat to energy supplies, and it is certainly the case that
close energy ties between the EU and Russia (until recently the leading supplier of fossil fuels to Europe)
have collapsed because of the invasion of Ukraine in 2022. This deterioration of energy relations is evident
from the EU embargo on imports of Russian coal; the impending EU embargo on Russian oil and oil-related
products; and the drastic reduction in Russian pipeline gas supplies. Article 122 TFEU can accelerate the
process of EU decision-making in an emergency situation, because it only requires the agreement of the
Council of the EU and does not provide for any legislative role for the European Parliament. However,
frequent use of Article 122 TFEU can reduce the level of democratic scrutiny over EU policies. The normal
legal basis for EU energy policies is Article 194 TFEU, which is being used to revise more permanent
legislation on EU gas markets. Furthermore, Article 194 TFEU was used to agree the EU regulation on gas
storage, which was swiftly adopted by the Parliament and Council under an expedited procedure.
This document is prepared for, and addressed to, the Members and staff of the European Parliament as background material to assist them in their
parliamentary work. The content of the document is the sole responsibility of its author(s) and any opinions expressed herein should not be taken
to represent an official position of the Parliament. Reproduction and translation for non-commercial purposes are authorised, provided the source
is acknowledged and the European Parliament is given prior notice and sent a copy. © European Union, 2022.
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