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Legislative procedure for energy and climate policy
European Union Electricity Market Glossary



According to the Lisbon Treaty the standard decision-making rule in the European Union is the ordinary legislative procedure.


It means that legislative acts are adopted, on a proposal by the European Commission, by the European Parliament and by the Council.


The Council is required to reach a qualified majority in this regard.


The said procedure applies to the title for energy in the Treaty on the Functioning of the European Union (TFEU).


The Article 194(1) of the TFEU provides for qualified majority voting for energy policy measures aiming at:
- ensuring the functioning of the energy market,
- ensuring security of energy supply in the Union,
- promoting energy efficiency and energy saving and development of new and renewable forms of energy,
- promoting the interconnection of energy networks.


The EU Member States have right to determine the conditions for exploiting their energy resources, their choice between different energy sources, and the general structure of their energy supply (Article 194(2) of the TFEU).


The special rule is in Article 194(3) of the TFEU, which requires that when adopting provisions that are primarily of fiscal nature in the field of energy the Council acts with unanimity, and after consulting the European Parliament.


The Council also acts with unanimity in the field of environmental protection when adopting:

(i) provisions of primarily fiscal nature;

(ii) measures affecting the urban and country planning, the management of water resources or the land use, and

(iii) measures which significantly affect Member State’s choice between different energy sources and the general structure of its energy supply (Article 192(2) of the TFEU).








Legislative procedure for energy and climate policy - regulatory chronicle 




9 April 2019



Communication from the European Commission to the European Parliament, the European Council and the Council, A more efficient and democratic decision making in EU energy and climate policy, COM(2019) 177 final




IMG 0744




Treaty on the Functioning of the European Union (TFEU), Articles 192(2), 194(1) - (3)













Last Updated on Saturday, 08 June 2019 13:47


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