|
How the Lisbon Treaty changes EU Transport Policy |
 |
 |
 |
|
Tuesday, 01 June 2010 15:49 |
The Lisbon Treaty transforms the European Union massive reform of its institutions. But how does it affect transport policy?
|
 |
When it finally came into effect on December 1, 2009, the Lisbon Treaty represented a historic overhaul of the European Union’s rulebook and streamlining EU institutions. Among other things, it changes the voting structure, creates two new posts in the EU Council President and High Representative for Foreign and Security Policy, and boosts the powers of the European Parliament.
For transport policy, the Lisbon represents some subtle but significant shifts in competence. Until now, most transport legislation has been adopted under the co-decision procedure and by qualified majority voting in the Council of Ministers (Article 74 of the Treaty of Rome already envisaged the creation of a common transport policy).
But Articles 70 to 80 of the Lisbon Treaty introduce new wording: the changes offer a derogation from the co-decision procedure for measures that could, if applied, have an adverse effect on living conditions and employment in certain areas as well as on the use of transport equipment. The Lisbon Treaty’s Article 72, removes this derogation: it says that the impact of these measures on living conditions, employment and the use of transport equipment should be taken into account. However, unanimity is not required to adopt these measures. And other provisions concerning state aid in transports, non-discrimination, taxes and duties, etc. (currently under Articles 70-80) remain unchanged, and the same goes for provisions about the Trans-European Networks.
Separately, the Lisbon Treaty indirectly affects transport through changes to related policy areas. Four are worth mentioning:
- Climate change: the Lisbon Treaty gives priority to the EU’s objective of promoting sustainable development in Europe, based on a high level of environmental protection and enhancement. It makes “promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change” one of the objectives of the environmental policy (amended Article 174). The indispensable link with the energy policy, first raised at the EU’s June 2007 summit, is confirmed: EU energy policy must be carried out “with regard for the need to preserve and improve the environment”
- Energy: a specific section on energy appears for the first time, giving the EU clearer and stronger competence to ensure objectives that include proper functioning of the energy market, energy supply and promotion of energy efficiency and renewables. The new treaty thus pushes energy policy even more firmly into the EU domain. In Article 4 Paragraph 2, it grants shared competence with member states for ‘energy’, as it does for a number of other related areas, including environment, transport, the Trans-European Networks, cohesion and the internal market. Additionally – important for energy research – the Union will also have the competence to carry out activities, “in particular to define and implement programmes,” for research and development, albeit without limiting member state competence in this field.
- Social policy: The Lisbon Treaty steps up the EU’s social objectives and provides that, in all its policies and actions, the EU takes into account the promotion of a high level of employment. This could have a major impact on the sector, given the millions of people in transport-related employment. It also recognizes the key role of economic services like public transport; however, the EU’s role in this area remains limited, with member states having much room for manoeuvre to supply, operate and organize services.
- Regional policy: The next set of regulations regarding EU Structural Funds – which invest heavily in transport projects - will be negotiated under the ordinary legislative procedure, ie under co-decision with the European Parliament. This is the biggest change that the treaty has introduced with regards to the EU Cohesion Policy (Article 161, Subparagraph 1 TFEU): from now on the European Parliament shall weigh in on decisions to regulate the use of Structural Funds within the EU.
|
|
