The international energy charter is unpopular with environmentalists: with its help, corporations could sue for oil drilling rights or challenge the nuclear phase-out. The traffic light now decides to exit under pressure from the Greens. For this, the FDP gets the green light for the CETA trade agreement.
The traffic light coalition wants to get out of a controversial international energy agreement in order to advance climate protection. The plan is to withdraw quickly from the so-called Energy Charter, as France and the Netherlands have already done. This was announced by members of the Bundestag from the SPD, Greens and FDP in the evening. The agreement, which came into force in 1998, is intended to protect investments in energy projects and has long been criticized by environmental organizations. It allows investors, for example, to sue states before arbitral tribunals. Green parliamentary group leader Katharina Dröge praised the current step as a “milestone”.
At the same time, members of parliament from the government factions agreed to ratify the European-Canadian free trade agreement CETA quickly. The corresponding law is to be drafted in the Bundestag session week beginning on November 28th. The two issues are apparently a compromise by the coalition: FDP circles have said that the exit from the Energy Charter is part of an overall agreement to achieve CETA ratification. The Greens were previously critical here.
The EU actually wanted to work to reform the Energy Charter. The coalition agreement also states: “We are committed to reforming the Energy Charter Treaty.” However, the result of the negotiations did not sufficiently meet expectations, said MPs Verena Hubertz from the SPD, Andreas Audretsch from the Greens and Lukas Köhler from the FDP. This is also due to an insufficient negotiating mandate from the EU Commission.
Green parliamentary group leader Dröge said: “No other international trade or investment agreement in the world has triggered more lawsuits from investors than the Energy Charter Treaty.” That is also a good sign against the background of the world climate conference. “This contract is an obstacle to the energy transition and costs the state billions.” Dröge said corporations are using the charter to challenge oil drilling bans, pipeline refusals, fossil fuel taxes and coal phase-out decisions, and to sue for “horrendous amounts of compensation.” “The contract was also the basis for lawsuits against the German nuclear phase-out or the Dutch coal phase-out.” It is logical to follow countries such as the Netherlands, France, Poland, Spain and Italy with this step.
The government factions also agreed on steps for further developing German trade policy. MEPs are working to ensure that the EU quickly concludes trade agreements with Chile and Mexico. In addition, the EU should explore whether the US government is ready to negotiate a new attempt at a trade agreement after the failure of the TTIP agreement. In view of the geopolitical situation in particular, Germany and Europe should position themselves more broadly, strengthen partnerships and reduce political dependencies on individual countries, according to the joint declaration. “We want to intensify cooperation and trade, especially with countries with which we share fundamental values ??of liberal democracy.”
Against the background of the Russian war against Ukraine and the growing tensions with China, Germany is trying to position itself more broadly economically. Economics Minister Robert Habeck said that the German export and import strategy should be diversified. “Cluster risks” should be avoided or reduced. With investment guarantees, the government wants to create an incentive for companies not only to go to China, but also to other – for example Asian – countries.