Energy: Security

Lord Bowness Excerpts

Thursday 10th December 2015 Grand Committee

Asked by

[Lord Bowness]

To ask Her Majesty’s Government what they consider to be the roles of the Energy Community and the Energy Charter in improving energy security and alternative supplies and sources of energy for the member states of the European Union and its neighbours; and what is the extent of United Kingdom involvement in both organisations.

[Lord Bowness (Con)]

I thank the Minister and his Whip, and the noble Lord, Lord Grantchester, for attending this debate and allowing me the unusual opportunity of knowing that there at least two people who will listen to what I say.

When I was appointed to the Energy and Environment Sub-Committee of the EU Committee—I make clear that I am speaking personally and not as a member of the committee—in the course of attempting to catch up with EU energy issues, I came across the Energy Charter and the Energy Community. This was at a time when the need for more and new sources and supplies seemed an urgent priority in the face of Russian actions in Ukraine and the ups and downs of the various new pipelines. The more I read, the more I felt there was more that we should know about both these organisations.

Both organisations may be familiar to other Members of the Committee but they were not so to me and indeed the more I looked into them the more questions arose than I have time to pose this afternoon—although I am not sure whether the personal time limit trumps the overall time limit for this debate. Should I sin in one direction, I shall assume that the overall time limit is what controls our proceedings.

I turn first to the Energy Community. This is an international body dealing with European energy policy. It was established by a treaty signed in Athens in October 2005 that came into force in July 2006. The parties are the European Union and eight other countries of south-east Europe, the Black Sea region and beyond. It seeks to extend the European Union internal market rules to interested non-EU countries in Europe and beyond. Its own website says that the role of the community is to:

“Attract investment in power generation … Create an integrated energy market allowing for cross-border energy trade … Enhance the security of supply … Improve the environmental situation in relation with energy supply … Enhance competition”.

Those are all aims to which I presume the United Kingdom Government would subscribe.

Although the European Union is the party to the treaty, not the individual states of the Union, all the European Union states may take part in the various institutions of the Energy Community. I was therefore a little surprised by the Answers that I received to a number of Written Questions which I put down in the previous Parliament. In asking who represented HMG in the gas, oil and social fora of the Energy Community, I was told that the UK does not participate in those fora and that the EU Commission represents the EU member states’ position. I also asked who was our non-voting representative on the Energy Community regulatory board. I was told that we were not represented and that the European Commission represented the EU member states. I asked who was our representative on the Permanent High Level Group of the Energy Community and was told that an official from the Department of Energy and Climate Change attends this group when issues to be discussed require the United Kingdom’s attendance. Lastly, I asked who attended as our representative at the annual Ministerial Council and was told that it was an official from the department.

Although those Answers were in many ways a welcome recognition of the role of the European Union in these matters, I must ask the Minister, if our participation is so limited, what our assessment is of the value of the organisation. Is there not a case for greater United Kingdom involvement given our interest in the security of supply, not just in the United Kingdom but in the European Union and its neighbours as a whole?

For what may have been the first time, the department wrote to the European Union Select Committee in September this year, advising it of the agenda for the Ministerial Council of the Energy Community which took place on 16 October. The letter tells me that the European Union position on items was agreed by the Council of Ministers and that the United Kingdom Government supported the proposals, which included reform of the institutions and their working methods.

Can the Minister advise the Committee of the outcome of the Ministerial Council and in particular about the proposed procedural act to organise a meeting of representatives of Parliaments to formalise the existing network of parliamentary co-operation? Is it the intention that this role will fall to the European Parliament, not Westminster? Where and how does the Energy Community relate to the European Union’s own energy union policies? How does the work of the Energy Community relate to the work of the Energy Charter?

The Energy Charter dates back to an initiative of the early 1990s. In 1991, the Energy Charter political declaration was signed in The Hague, followed by the treaty, which was signed in December 1994 together with an important Protocol on Energy Efficiency and Related Environmental Aspects. The treaty came into force in 1998. It aims to encourage and facilitate international cross-border co-operation on energy and represents an important international effort to build a legal foundation for energy security based on open, competitive and sustainable development.

The Energy Charter’s website lists its basic elements as investment protection—through ensuring a firm legal framework—stable energy flows and increased energy efficiency. Unlike the Energy Community, 52 member states, from Europe and Asia, have signed or acceded to the treaty. The United Kingdom is a signatory, together with the European Union and EURATOM. Observer states include the United States of America, Canada and other non-European Union states. Apparently a modernisation process was launched in 2009, and in 2014 negotiations started on an updated charter. Can the Minister advise us about the updating process and our involvement in it? Can he tell us more about the working of the organisation, including the Energy Charter Conference, which has political responsibilities for the implementation of the charter working groups and ad hoc committees? I wonder who attends that.

It is worth noting that this is perhaps more important than may appear at first sight, because Russia chose to withdraw from the treaty by presidential decree in 2009. That clearly had serious implications for countries supplied from the Russian Federation, given also the provisions in the charter for resolving disputes. Will the United Kingdom attend the ministerial meeting of the charter in Georgia on 15 December, one day of which is devoted to fostering regional co-operation through cross-border energy trade?

I repeat the questions that I posed with regard to the Energy Community about who represents us, if at all, and when and where. What value do we place on the organisation and how does it relate to the Energy Community and the European Union’s Energy Union? It seems that there is considerable overlap between the two organisations, if not in the work they do, at least in their stated objectives. Do the Government have a view about that?

Lastly, I hope that the Minister will be able to tell us more than I have managed to research or had time to cover this afternoon. Does he agree that these are matters which should be of considerable concern to the United Kingdom and about which Parliament should know rather more than it is currently told?