Written by Suzana Anghel and Rebecca Torpey.
Russia’s continuing war on Ukraine was central to the EU leaders’ debates at their special meeting on 30-31 May 2022. Closely linked to Ukraine, food security, security and defence, and energy were also high on the agenda. EU leaders approved €9 billion in special macro-financial assistance for Ukraine and agreed on a sixth package of sanctions against Russia, including a ban on seaborne oil (two-thirds of imports) with a temporary exemption for pipeline oil imports. On food security, the European Council strongly condemned the impact of Russia’s war on the global food supply chain and focused on ways to coordinate with international partners to ensure the global security of food supplies. In security and defence, the focus was on consolidation, rather than new strategic guidelines. EU leaders examined, but did not endorse, the ‘investment gaps’ analysis prepared, at their request, by the European Commission and the High Representative/Vice President of the Commission (HR/VP), Josep Borrell. They called on the Council to take forward work on specific items, not least developing a ‘joint EU defence strategic programming and procurement’ function. On energy, the EU leaders took stock of progress made since their Versailles meeting, on phasing out the EU’s dependence on Russian fossil fuels. After presentation of the REPowerEU plan, they agreed that work should continue on supply diversification, renewables, energy efficiency, interconnection, infrastructure and preparedness, including gas storage, price affordability and electricity market optimisation. The President of Cyprus, Nikos Anastasiades, briefed his colleagues on Turkey’s assertive behaviour in the area of Varosha.
1. BackgroundThe European Council meeting began with the customary address by the President of the European Parliament, Roberta Metsola. She stressed that ‘Europe needs our leadership’, as the EU’s joint action ‘in the next months will define our common future’, and emphasised that the Parliament was ready to ‘constructively play its part’. The President of the European Council, Charles Michel, did not submit an updated Leaders’ Agenda, although the latest version expired in March 2022.
2. European Council meeting UkraineThe European Council condemned Russia’s invasion of Ukraine once again, denouncing the suffering and destruction inflicted on Ukraine and its population, and calling on Russia to allow safe passage, humanitarian assistance and the return of Ukrainians forcibly deported. EU leaders recalled Ukraine’s right to self-defence, renewed their call for an immediate and unconditional withdrawal of Russian troops and equipment from the ‘entire territory of Ukraine within its internationally recognised borders’, and praised the ‘courage and determination’ of the Ukrainians to ‘fight to defend the sovereignty, territorial integrity and freedom of their country’. They confirmed the Union’s support and cooperation with partners, with a view to building ‘a peaceful, democratic and prosperous future’ for Ukraine. Along with sanctions, the most debated items were international justice, the EU’s support for Ukraine, and the war’s impact on neighbouring countries. Addressing the European Council, the President of Ukraine, Volodymyr Zelenskyy, stressed the importance of European unity, pointed to the loss of lives, pleaded for the adoption of new sanctions and underlined that ‘there can be no compromises at the expense of (Ukraine’s) territorial integrity’.
Sanctions against RussiaEU leaders agreed on a sixth package of sanctions, expanding the list of Russian individuals and entities subject to sanctions (i.e. banks, military and religious officials, and ‘Russian state outlets‘ spreading disinformation). After a heated debate, they agreed to ban oil imports, with the exception of pipeline oil. In doing so, they stood by the principles outlined – no indirect funding of the war, phasing out of EU dependence on Russian fossil fuels, and economic isolation of Russia so that it ends the war. Charles Michel stressed that the agreement covered ‘more than two-thirds of oil imports from Russia, cutting a huge source of financing for its war machine’. European Commission President Ursula von der Leyen indicated that the aim was to progressively target 90 % of Russian oil imports by the end of 2022. EU leaders committed to return to the temporary exception of pipeline oil, mainly benefiting Hungary, at a forthcoming meeting. They also agreed that, in the event of sudden interruptions of supply, ’emergency measures will be introduced to ensure security of supply’. They called on international partners to remain united in coordinating and implementing sanctions.
International law and justiceThe European Council stressed that it ‘expects international humanitarian law, including the Geneva Convention relative to the treatment of prisoners of war, to be fully respected’. It has also expressed support for the gathering of evidence and investigation of war crimes carried out by the Prosecutor of the International Criminal Court. EU leaders praised the ‘operational support’ provided by Europol and welcomed the creation of a Joint Investigation Team coordinated by Eurojust. They reiterated that those responsible for international law breaches would ‘be held to account for their actions’.
Humanitarian, financial, military, economic and political support for UkraineEU leaders reiterated the EU’s multi-dimensional support for Ukraine, confirming that the EU would continue to provide Ukraine with humanitarian aid and ‘commend[ing] the results of the High-level International Donors’ Conference co-hosted by Poland and Sweden’. They highlighted the financial support offered to frontline countries for the reception of Ukrainian refugees, and invited the European Commission to present new funding proposals within the multiannual financial framework (MFF). They also mentioned the EU’s commitment to support Ukraine financially, expressed readiness ‘to grant Ukraine new exceptional macro-financial assistance of up to €9 billion in 2022’, and called for speedy examination of the European Commission’s forthcoming proposal.
On the reconstruction of Ukraine, EU leaders expressed support for a dedicated reconstruction platform bringing together the EU, Member-State governments, the Ukrainian government, international partners and financial organisations, and suggested using frozen Russian assets to fund reconstruction efforts. They also praised Member States’ efforts to enshrine provisions allowing asset confiscation in their national laws and called on the Council to move ‘swiftly’ to examine the European Commission’s proposal to add violation of EU sanctions to the serious crimes with a cross-border dimension listed in Article 83 TFEU.
Ahead of its debate on enlargement, scheduled for 23-24 June 2022, the European Council introduced a first element of conditionality by linking EU support for Ukraine’s reconstruction to its ability to stay the course of reforms and follow its European pathway. It noted the European Commission’s work on opinions on the membership applications of Ukraine, Moldova and Georgia.
With respect to military support, the European Council confirmed the EU’s commitment ‘to continue bolstering Ukraine’s ability to defend its territorial integrity and sovereignty’. It welcomed the increase up to €2 billion of the support offered to Ukraine under the European Peace Facility.
Impact on neighbouring countriesSince the war began, the European Council has been monitoring its impact on neighbourhood countries closely, including on the Western Balkans and Moldova, which need support as they face strong economic, energy and migration pressure. Addressing the European Parliament in plenary, the President of Moldova, Maia Sandu, had outlined the efforts undertaken to cope with the large number of refugees, and underlined that Moldova supported Ukraine’s territorial integrity, stressing that ‘Crimea is Ukraine. Donbas is Ukraine. Kyiv is Ukraine. And they will always be’. The EU leaders also reaffirmed their support for the Belarusian people’s right to ‘new, free and fair elections’.
Main message of the President of the European Parliament: Roberta Metsola called for leadership and for the provision of ‘hope and perspective’ to Ukraine by granting candidate status. She recalled the objective of phasing out Russian fossil fuels and supported the sixth package of sanctions.
Food security and affordabilityThe war in Ukraine is straining the global food supply chain. Russia and Ukraine account for about 30 % of global exports of wheat, 20 % of corn and mineral fertilisers, and 80 % of the world’s sunflower oil trade. The disruption in fertiliser manufacturing also risks putting next year’s agricultural production under stress. Charles Michel held Russia accountable for the humanitarian crisis that may occur, after witnessing ‘silos full of grain, wheat and corn ready for export … stranded because of the Russian war and blockade of Black Sea ports’. EU leaders reiterated this sentiment by emphasising the impact of Russia’s war on global food security and affordability, calling on Russia to end its blockade of food exports. The European Council went further than it had at its meetings on 24-25 March and in Versailles, at which it focused on ways for the EU and the international community to respond to food supply issues. At this meeting, EU leaders directly denounced Russia’s illegal seizure and destruction of Ukrainian agricultural produce.
In the Middle East, Russia and Ukraine supply around 75 % of wheat imports, a figure reaching 90 % in east Africa. The blockade poses a broader security concern in the EU’s neighbourhood, potentially leading to further humanitarian crises. In this context, the Chair of the African Union, Macky Sall, addressed the European Council, outlining the risks facing Africa as well as possible solutions. The price of food in the EU increased by 8.64 % in April 2022 compared with April 2021, affecting the purchasing power of EU citizens, who are already facing rising energy costs. EU leaders considered ways to bolster food security and affordability, by facilitating food exports from Ukraine; coordinating the international response to a looming global food crisis; and reducing disruptions to fertiliser manufacturing. They signalled their support for specific initiatives at EU and international level, such as ‘solidarity lanes‘, the Food and Agriculture Resilience Mission, the adoption of common agricultural policy strategic plans, and the establishment of the Global Alliance on Food Security. They also called on the Commission to explore the use of European Regional Development Fund (ERDF) reserves and for international partners to promote more efficient use of fertilisers or alternatives.
Main message of the European Parliament President: Roberta Metsola decried Russia’s blackmail, which threatened to plunge vulnerable countries into famine, and signalled support for the Commission’s ‘solidarity lanes’ initiative, backed by the European Council on day two of the meeting.
Security and defenceThe European Council considered the joint communication on the defence investment gaps analysis, but did not endorse the document as such. Instead – as flagged up before the meeting in the EPRS outlook – they invited ‘the Council to examine’ a select number of issues, including short-term defence procurement needs allowing stocks to be renewed, ‘the development of a joint EU defence strategic programming and procurement function’, measures to bolster the EU’s defence industry, and the possibility of enhancing the role of the European Investment Bank so as to mobilise up to €6 billion for dual-use projects under its strategic European security initiative. EU leaders stressed that they were looking forward to the Commission’s presentation of the European defence investment programme, which is scheduled for autumn 2022 and expected to include a value added tax exemption.
Commission President Ursula von der Leyen noted that several Member States had announced defence spending increases, amounting cumulatively to €200 billion. She referred to the challenges of fragmentation and duplication and called for better coordinated defence spending. Defence funding, including a possible increase of the European Defence Fund envelope – an aspect considered in the defence investment gaps analysis and supported by the European Parliament – was for now kept out of the debate. As EU leaders committed to keep defence on their agendas, funding might come up for discussion, possibly by mid-2023, if not sooner, when, in accordance with the Strategic Compass, ‘new financing solutions’ for joint procurement are expected.
EU leaders pointed to ongoing shifts in the EU’s close strategic environment as a result of Russia’s war, and stressed the importance of a ‘stronger and more capable’ joint response in security and defence. Whilst reaffirming NATO’s key role in ensuring collective defence for its members, they emphasised that ‘solidarity between (EU) Member States is reflected in Article 42(7) TEU – yet not calling for clarification on the procedure to be observed in the event of a new activation.
Main message of the President of the European Parliament: Roberta Metsola stressed that European security and defence was ‘fast becoming an existential question’, underlining the complementary nature of the EU and NATO. She again called for pooling of resources and better defence spending.
EnergyIn light of its earlier commitment to reduce EU dependence on Russian fossil fuels, the European Council took stock of progress made thus far and exchanged views on the REPowerEU plan. It called in particular for accelerated development of renewables and for investment in infrastructure aimed at bolstering renewable energy production. Ursula von der Leyen stressed that ‘renewable energy has the big advantage that it is not only good for the climate but it is also good for our independence and good for our security of supply and it creates jobs at home’.
Energy affordability was a central topic for discussion, leading the European Council to call for joint efforts with like-minded partners to curb energy prices, including by setting temporary price caps. EU leaders encouraged the ‘prompt use’ of the newly established EU Energy Purchase Platform, open to eastern and Western Balkan partners, whilst stressing the need to accelerate winter preparations to avoid disruption, including by completely filling gas storage facilities. They stressed the importance of putting in place coordinated European contingency measures. The reform of the electricity market, supported by several Member States at past meetings, remains a pending issue. EU leaders have invited the European Commission to work on market optimisation and price affordability, on the basis of the report by the EU Agency for the Cooperation of Energy Regulators.
Main message of the President of the European Parliament: Roberta Metsola underlined that consumers must be protected from ‘price fluctuations’ and stressed that investment in energy and in the green transition must be seen ‘as much as a security issue as it is an environmental one’.
Read this briefing on ‘Outcome of the special European Council meeting of 30-31 May 2022‘ in the Think Tank pages of the European Parliament.
Written by Clare Ferguson.
Parliament meets again in Strasbourg for the first session of June, with Members scheduled to attend a ‘This is Europe’ debate with the Taoiseach of Ireland, Micheál Martin (who is also expected at the inauguration of a statue of former Member, and Nobel Peace Prize-winner, John Hume in the Parliament in Strasbourg). Parliament will also hear European Council and Commission statements on the conclusions of the special European Council meeting of 30‑31 May 2022, and consider a draft resolution on the rule of law and the potential approval of the Polish national recovery plan (RRF). However, the main topic on the agenda is the twin challenge of reducing harm to the environment and fossil fuel use, with a full day of joint debate on the ‘Fit for 55’ package scheduled for Tuesday. On Monday evening, the Parliament is due to hold a question time session with the Commission, in a practice revived earlier this year, this time on the topic of reducing the use of pesticides and strengthening consumer protection.
The first of the files scheduled for Tuesday’s ‘Fit for 55’ joint debate is the proposed review of the EU Emissions Trading System (ETS), aimed at aligning the ETS with the Climate Law target of a 55 % reduction in net EU greenhouse gas (GHG) emissions by 2030. In its report on the European Commission proposal, Parliament’s Committee on the Environment, Public Health and Food Safety (ENVI) calls for accelerated emissions reduction and for a system to reward best performers and innovation. The committee also proposes to include municipal waste incineration in the ETS from 2026, and to raise ambition in the maritime transport sector. The ENVI committee demands an end to free allowances and that the carbon border adjustment mechanism (CBAM) is completed earlier – by 2030. The report proposes to increase and rename the Innovation Fund as the Climate Investment Fund and make access to the Modernisation Fund conditional on legally binding climate neutrality targets and respect for the rule of law. Tuesday morning’s joint debate will also discuss Parliament’s position in negotiations with the co-legislators on the proposed EU CBAM, where the ENVI committee has proposed significant amendments to the proposed measures to prevent carbon leakage by levelling the playing field between EU and third-country producers. The proposal entails setting a carbon price for imported products and ending free emissions allowances for European industry. The committee report amends the proposal’s scope: broadening the products and sectors covered and allocating CBAM revenue to the EU budget. However, to support least-developed countries, ENVI suggests earmarking an equivalent amount for their decarbonisation efforts.
However, GHG emissions in sectors not included in the ETS account for around 60 % of EU emissions. The ‘Fit for 55’ debate therefore continues on Tuesday, with Members expected to discuss the revision of legislation governing measures to control GHG emissions in transport, buildings and agriculture. The Commission’s proposal aims at achieving climate neutrality by establishing binding national targets and setting annual emissions allocations (AEAs) for each EU country. Nevertheless, the ENVI committee calls for greater ambition, to align with the 2050 climate neutrality target. The ENVI committee also demands greater transparency in Member States’ actions under the regulation, including preparation of a Commission report on their AEA achievements. Parliament’s vote on the Effort-sharing Regulation will set its position for negotiations with the co-legislators.
Aviation emissions, projected to increase by 2050, are not included in the transport modes covered by the Effort-sharing Regulation. The ‘Fit for 55’ package aims to tackle these specifically, with Members expected to set Parliament’s position on the proposed revision of the EU ETS as regards aviation following Tuesday morning’s joint debate. The aviation proposal aims at amending the ETS Directive and implementing the current pilot carbon offsetting and reduction scheme for international aviation (CORSIA). Parliament already supports the elimination of the free allowances for emissions from flights to and from third countries, granted due to international pressure. An ENVI committee report on the proposals further calls for a 50 % reduction of these free allowances in 2024, before ending the exception in 2025. The ENVI report also supports the uptake of sustainable aviation fuels, and proposes to direct 75 % of aviation allowance auction revenue to reducing the sector’s total climate impacts internationally.
Other ‘Fit for 55’ package proposals also concern transport sector CO2 emissions, which have barely fallen since 2005. To set Parliament’s position ahead of negotiations with the co-legislators, Members are expected to debate stricter CO2 emissions standards for new cars and vans on Tuesday afternoon (part two of the joint debate). The ENVI committee report on the proposal seeks to increase the 2025 emissions reduction target to 20 % and abolish the incentive mechanism to accelerate market uptake of zero- and low-emission vehicles after 2025. However, the committee insists that assessment of the socio-economic impact of the measures should be more frequent, including whether funding is needed to ensure a just transition in the automotive sector. The ENVI report also calls for a common EU methodology to assess car and van lifecycle CO2 emissions, fuel and energy consumption by 2023.
Members are also expected to debate Parliament’s position on proposals that aim to boost protection of crucial carbon sinks in the proposed revision of the regulation on land use, land-use change and forestry (LULUCF), also scheduled for part two of the ‘Fit for 55’ joint debate on Tuesday afternoon. The ENVI committee report on the proposal reiterates Parliament’s support for measures to halt deforestation and encourage sustainable farming, to protect the environment and the economic sectors that depend on it. The report disagrees with moves to merge LULUCF with agriculture measures however, and seeks to set national annual targets for 2026-2029, with penalties for non-compliance. It also underlines the need for coherence between EU policies that protect nature and biodiversity, and carbon storage measures.
Nonetheless, it is recognised that none of these measures will be cheap. Members will therefore also debate the proposed creation of a social climate fund as part of the joint ‘fit for 55’ debate (on Tuesday morning). This initiative seeks to match funding from EU own resources and Member State contributions to compensate those hardest-hit by the cost of the transition to a more environmentally friendly society – vulnerable households, small businesses and transport users. Parliament’s ENVI and Employment and Social Affairs have produced a joint report outlining expectations for national social climate plans to prioritise ‘clean’ mobility and limit temporary direct income support measures. The joint report defines ‘mobility poverty’, makes disbursement of funds conditional on countries respecting the rule of law, and asks that national plans consider the socio-economic challenges for islands and outermost regions. The fund would be primarily financed through the extension of the EU ETS to cover the buildings and transport sectors.
While the EU’s desire to become independent of Russian energy supplies has added impetus to the ‘Fit for 55’ initiatives, Parliament’s support for Ukraine in the face of Russia’s aggression means the country remains a major item on Parliament’s agenda. Ruslan Stefanchuk, Speaker of Ukraine’s Parliament, the Verkhovna Rada, is expected to make an address to a formal sitting of Parliament on Wednesday morning. As part of the now regular question time (scheduled for Tuesday evening) with HR/VP Josep Borrell, Members are scheduled to discuss EU external action to address the impact of the war in Ukraine on third countries. They are also due to debate a draft recommendation, prepared by the Committee on Foreign Affairs (AFET), on EU foreign, security and defence policy in the light of Russia’s invasion of Ukraine. The report recommends the EU move swiftly to establish a defence union and to underpin its common defence by implementing the Strategic Compass. It calls for the EU to embrace the aim of strategic autonomy and to hold regular Council meetings of EU defence ministers. Calling to replace the unilateral declaration on political accountability with a bilateral agreement with the HR/VP, AFET underlines the imperative for Parliament to scrutinise the Strategic Compass and use of the European Peace Facility.
Members are expected to debate Parliament’s position on the Commission’s 2021 report on Turkey on Monday evening. Turkey’s EU accession negotiations are currently on hold, due to democratic backsliding. However, relations with the EU have improved slightly, with a recent AFET committee report welcoming Turkey’s mediation in Russia’s war against Ukraine, and underlining the importance of cooperation with a NATO ally in the currently unstable geopolitical situation. The AFET report on the Commission’s 2021 annual report on Turkey’s accession nevertheless notes that the human rights situation in Turkey continues to deteriorate.
On Wednesday evening, Parliament is due to consider its position on an agreement reached between the co-legislators on the revised proposal for an international procurement instrument (IPI) to facilitate reciprocal access to procurement markets in non-EU (third) countries. The instrument would deter or disqualify tenderers from third countries that close their public procurement markets to EU bidders from bidding in the EU. Parliament successfully negotiated higher thresholds and fewer exceptions to the proposed rules, while minimising the administrative burden.
On Wednesday afternoon, Members are set to debate a crucial issue for Parliament – gaining the right of ‘direct’ legislative initiative. At present, the European Parliament, unlike national parliaments, only enjoys an ‘indirect right’ to propose legislation. This means it must submit a majority request to the Commission to prepare a proposal to implement the EU Treaties. To strengthen the EU’s democratic legitimacy, a report from the Committee on Constitutional Affairs (AFCO) calls for a general and direct right of initiative for Parliament (the only directly elected institution). This would require Parliament to trigger a Treaty change, an issue discussed at the recent Conference on the Future of Europe in respect of the possibility of more far-reaching EU reforms.
The winner of the LUX Audience Award is due to be announced at a ceremony scheduled for lunchtime on Wednesday. The prize celebrates quality cinema in Europe, with the three competing films obtaining help with distribution, including subtitling in the 24 official EU languages and screening at the LUX Film Days in more than 60 cities. The winning film will also be adapted for those with visual and hearing impairments. Previous laureates have gone on to be highly successful in the EU and beyond.
Finally, on Wednesday lunchtime, Members are scheduled to vote on a Fisheries Committee recommendation to grant consent to the conclusion of a new EU–Mauritania Fisheries Agreement and Protocol – the EU’s economically most significant fisheries agreement. In updating this cooperation framework, Parliament supports increased fisheries cooperation between EU partners in West Africa and strengthens calls for a regional fisheries management organisation to deal with shared stocks.