EU Exits Energy Charter Treaty (ECT): A Milestone for Climate Action

At the core of the Fair, Green, and Global (FGG) Alliance’s mission is the commitment to building a just and sustainable world. As members of this alliance, Both ENDS, SOMO, and the Transnational Institute (TNI) recognise the urgent need to reimagine global investment frameworks. These frameworks, entrenched in outdated treaties such as Bilateral Investment Treaties (BITs) and the Energy Charter Treaty (ECT), often prioritise corporate profits over human rights, environmental sustainability, and social justice.

The decision of Minister for Climate and Energy Rob Jetten to withdraw from the Energy Charter Treaty (ECT) is good news for the energy transition in the Netherlands and beyond. Governments of countries that are party to this treaty can therefore shape the transition to sustainable energy without having to fear claims by Dutch-based businesses.

Almost 100 candidate EU Members of Parliament have signed a pledge drafted and endorsed by European NGOs and prominent individuals in which they commit  - once elected - to promoting policies to protect and restore forests worldwide and to recognising and securing forest peoples’ territories and their rights, including the rights of women, for generations to come. The organisers hope to get many more signatures before the EU elections, to make sure the new EU parliament will start treating these topics with high urgency as soon as it is installed.

Earlier this month, the Energy Charter Treaty (ECT) has decided to halt the geographic expansion to new member states, pending the finalization of the ongoing modernization process within the ECT. Both ENDS and our partner SEATINI, who amongst other things have been calling for this stop, welcome this decision.

Brussels, 7 May 2019 - In an unprecedented Climate Action Call published today, a broad coalition is urging European leaders to take decisive action to respond to the climate emergency. Hundreds of European cities, regions, businesses, youth and faith groups and civil society organisations working on climate, human rights, litigation, mobilization, sports and health call upon leaders to profoundly alter the way we run our societies and economies to limit temperature rise to 1.5°C.

The EU is still one of the world’s largest importers of deforestation: EU demand for commodities like soy, palm oil, beef, coffee and cacao requires millions of hectares of tropical rainforest to be cleared. This deforestation has significant biodiversity and climate impacts, and is often linked to human rights violations and violence against local communities and indigenous peoples. Both ENDS and partners have been actively lobbying the EU Commission to adopt a robust action plan to address and prevent human rights violations and deforestation ‘embodied’ in EU imports of agricultural commodities. 

The EU is the world's largest "importer of deforestation," due to the huge volumes of unsustainably produced soy, timber, palm oil, and other raw materials that EU member states import. After many years of delay, the European Parliament and the European Council passed a law in December 2023 to address this problem: The EU Deforestation Regulation (EUDR). Both ENDS is part of a broad coalition of organizations that have been pushing for this European legislation. However, there is now a serious delay, and perhaps even postponement, of the law's implementation. Objections have been raised by a number of member states, who are sensitive to lobbying by certain business sectors and producer countries.

Good news for the climate: last week, the European Investment Bank (EIB) decided to stop investing in fossil fuels by 2021. This is part of its new energy strategy.

The European Investment Bank EIB should get rid of its gas-investments, and the Netherlands can take the lead in this. The Netherlands appears to be relying less and less on gas in its energy policy, and also seems to focus on gas-free investments at the EIB. Now it is important to maintain this position and also convince the other EU countries.

To Eric Wirsiy, director of CENDEP, the importance of forests is clear: not only do they function as a "free supermarket", providing foods and other things to local communities, but they are crucial to make landscapes resilient to climate change and other impacts.

Last Thursday June 13, Rahmawati Retno Winarni of TUK, an Indonesian partner organisation of Both ENDS, presented a symbolic tree and an appeal to the Dutch Minister of Agriculture Carola Schouten, also on behalf of 10 NGOs. The joint NGOs are pushing the EU,  including the Dutch government, for strict EU legislation to prevent the destruction of forests and ecosystems and to protect human rights.

Together with environmental justice groups from the Global South, Both ENDS works towards a sustainable, fair and inclusive world. Both ENDS gathers and shares information about policy and investments that have a direct impact on people and their livelihood, we engage in joint advocacy, we stimulate the dialogue between stakeholders and we promote and support sustainable local alternatives.

After five years of equivocation the European Commission has proposed a ‘roadmap’ for stepping-up EU action to address its contribution to global deforestation.  Despite the escalating impact of EU trade in forest-risk commodities, regardless of repeated calls from the European Parliament for regulatory measures and contrary to the conclusions of the Commission’s own feasibility study in support of legislative intervention, the Commission has ruled-out out any new initiatives, let alone any legislative measures.  The Commission’s solution to this complex problem: policy coherence.

Our new report titled EU ECA fossil fuel phase-out tracker by Both ENDS, Counter Balance and Oil Change International sheds light on the concerning lack of harmony between EU Member States' export credit climate policies. 

The report was updated on April 17th, following new responses by Member States on their respective policies.