‘Harder’ soft governance in the European Energy Union

Figures & data

Table 1. Comparison Commission, European Parliament and Council approach and final Governance Regulation.

	Commission proposal 2016	EP trilogue mandate	Council general approach	Governance Regulation final version 2018
Obligation	MS shall take the utmost account of recommendations	MS shall take the utmost account of recommendations	member state shall take due account of (non-binding) recommendations	member state shall take due account of (non-binding) recommendations
Justification	MS ‘shall provide justifications’ where it deviates from recommendations	MS ‘shall provide reasons’ where it deviates from recommendations/ ‘shall provide and make public its reasons’ (appears at different Articles)	– Deleted	MS ‘shall provide its reasoning’/ ‘shall provide and make public its reasons’ where it deviates from recommendations (appears at different Articles)
Precision	if MS’ contributions in NECP are insufficient  …  in case of renewables COM takes into account ambition of individual MS	if MS’ contributions in draft INEKP are insufficient  …  in case of renewables COM assesses individual ambition by a formula in the Annex, based on objective criteria	if MS’ contributions in draft NECP are insufficient  …  in case of renewables COM assesses individual ambition by a methodology, established by implementing act, based on objective criteria	if MS’ contributions in draft NECP are insufficient … in case of renewables COM assesses individual ambition by a formula in the Annex II, based on objective criteria
Degree of ‘blaming and shaming’	public is given early and effective opportunities to participate in, and to be consulted on, the preparation of NECPs /involvement of social partners	public is given early and effective opportunities to participate actively in, and to be consulted on, the preparation of NECPs/enlarged the social partner category and towards long-term strategy; added a multilevel stakeholder dialogue platform	annual public debate of the progress achieved by the Energy Union by the Council	public is given early and effective opportunities to participate in, and to be consulted on, the preparation of NECPs / added part on enlarged the social partner category and multilevel stakeholder dialogue annual public debate of the progress achieved by the Energy Union by European Parliament and the Council
Role of 3rd party actor at EU level	COM is empowered to adopt delegated acts	COM is empowered to adopt delegated acts	changing delegated acts in defined areas	COM is empowered to adopt delegated acts in defined areas
Sanctions	financial contributions by MS to a financing platform managed by the COM, in case of ambition gaps	voluntary financial contributions by MS to an EU renewable energy financing mechanism – no sanction	voluntary financial contributions by MS to an EU renewable energy financing mechanism – no sanction	voluntary financial contributions by MS to an EU renewable energy financing mechanism – no sanction

Source: Council (2017), 2018a; European Commission (2016), European Parliament ( 2017a, 2017b).

Council of the European Union. (2017). Proposal for a Regulation of the European Parliament and of the Council on the Governance of the Energy Union – General approach. 15235/17. Brussels, 12 December 2017.

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Council of the European Union. (2018a). Governance of the Energy Union: Council confirms deal reached with the European Parliament. Press Release 424/18.

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European Commission. (2016). Proposal for a Regulation on the Governance of the Energy Union. COM(2016) 759 final, Brussels.

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European Parliament. (2017a). Amendments tabled in committee. Legislative Observatory. Documentation Gateway. European Parliament, 2016/0375(COD), 4 July 2017.

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European Parliament. (2017b). Report on the proposal for a regulation of the European Parliament and of the Council on the Governance of the Energy Union. Joint Committee ENVI/ITRE. A8-0402/2017, 14 December 2017.

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