Thread by @BJVerbeek

The Dutch government 🇳🇱 has released its assessment regarding the modernization of the Energy Charter Treaty and why and how it wants to #ExitECT

The result achieved is insufficiently ambitious and not in line with 🇳🇱🇪🇺 #climate targets. 🧵👇

tweedekamer.nl/kamerstukken/b…

Key points decisive for 🇳🇱 to #ExitECT:
1⃣ Despite flexibility mechanism and carve-outs for 🇪🇺, ECT remains an organization where #FossilFuel protection outside 🇪🇺 remains possible.
2⃣ No reference to future Multilateral Investment Court
3⃣ No strong sustainability obligations

Subsequently, 🇳🇱 will:
➡️abstain from voting during the Energy Charter Conference on 22 Nov so not to block modernization for others.
➡️ not initiate ratification procedure and not submit ECT amendments to parliament for approval
➡️ object provisional application

🇳🇱 will take steps to withdraw from #ECT, after parliamentary approval, by written notification to the depository. Withdrawal will take effect at earliest one year later. This will trigger sunset clause for existing investment. 🇳🇱 will not be subject to modernized ECT.

🇳🇱 has not determined its position on 🇪🇺 decisions yet. Should 🇪🇺 remain party to the #ECT, all provisions dealing with matters of exclusive EU competence would still be binding on 🇳🇱, even if 🇳🇱 itself is no longer party to ECT.

This is why 🇪🇺 withdrawal is crucial #ExitECT

And why an inter se neutralization of the sunset clause for countries leaving the ECT is necessary:

iisd.org/itn/en/2021/06…