1.European Energy Security thread no.3 (extra-territorial supplement)
When countries & institutions fall victim to NS2 lobbying they end up undermining their own interests. This is the case with Germany who has undermined its own interests across CE Europe by supporting NS2.
When countries & institutions fall victim to NS2 lobbying they end up undermining their own interests. This is the case with Germany who has undermined its own interests across CE Europe by supporting NS2.
2. Now it appears that the Commission has decided to take the black spot from NS2 lobbying & undermine its own interests as well. This can be seen in the parliamentary answer (PA)given yesterday by Commissioner Dombrovskis to a PQ on NS2
3.The PA‘The EU opposes the application of US sanctions against EU companies conducting legitimate business under EU law. This is because the EU does not recognise the extra-territorial application of third countries’ sanctions, which it considers contrary to international law’.
4.The problem with this PA is that it is nonsense. Most sanctions have extra-territorial effect. How can they not if they are to be effective? The aim is to have an effect in a third country to stop something happening you believe is contrary to your interests, security or intlaw
5. Furthermore, effects in a third country are via acts of the US state denying access to the US dollar, US banking facilities, US visas & US located assets in the US. Essential these are acts of a state taken on its own territory. They are not in breach of international law.
6.The EU also has a sanctions regime. Like US sanctions they are intended to have an effect on a third country and in the case of Russia to have an effect on Russia in countries it is currently occupying. They clearly have and are intended to have extra-territorial effect.
7.Also like US sanctions it is acts of the Union on Union territory by denial of access to financial systems, assets located in EU territory and visa access that the sanctions regime is implemented. They are also not in breach of international law.
8.I hope the cabinet members of Commissioner Dombrovskis are steeling themselves for the incoming PQs from MEPs. For instance, as to whether he believes the entire EU sanctions regime is illegal and whether he is proposing to cancel all sanctions against Russia?
9.Will MEPs ask whether Commissioner Dombrovskis will oppose any sanctions on Russia if it invades Belarus given that ‘extra-territorial application of third countries sanctions…are contrary to international law?’
10.There is of course also the matter of the supposed 24 MS who say they are opposed to NS2. I have avoided so far mentioning this as it appears to be a risible attempt to pretend there is broad support for German anti-sanctions policy when in fact there is no such support.
11.There is first the woolly language describing the nature of the meeting “There was an informal outreach which the EU member states could join on a voluntary basis,” . It is not exactly the sort of confident expression of the Union when it is about to make a decisive act is it?
12.Then the informal ‘demarche’ or outreach to the State Department involved 24 of the 27 Member States. And the demarche was based on the 17th July statement by EU High Rep Josep Borell in which he condemned proposed US sanctions.
13. If the demarche was based on what the High Rep had previously said presumably there is now a new and more developed text from that of the 17th July. As a consequence there is a new agreed written statement of the position of the MS on US sanctions on NS2 passed to the US.
14.Reading between the lines we can see what is going on. We have a voluntary meeting at which not all MS turn up. There is some discussion of sanctions policy. NS2 is raised amongst other sanctions issues. One or two MS push the NS2 issue and then it is spun as all about NS2.
15. There may in fact be actually no new text establishing a EU position at all.
16.I also suspect the High Rep cabinet are going to face a series of incoming requests for information from MEPs. These will include requests (a) for a copy of the minute of the meeting and (b) for a copy of any text transmitted to the State Department
17. High Rep is also likely to face a series of PQs from MEPs including on the actual subject matter of the meeting, time period devoted to NS2 during the meeting, scale of support for the German position on NS2 sanctions and number of MS representatives actually present
18.We will see if this latest lobbying effort ends up with NS2 black spots for Commissioner Dombrovskis and High Rep Borell, but they should both remember that when tangling with NS2 lobbying one invariably ends up with the NS2 black spot. Ends.
