Legal analysis on including the EU Birds, Habitats and Water Framework Directives into the Energy Community Treaty

The limited scope of the environmental law within the Energy Community Treaty is currently inadequate to protect the environment from the impacts of the energy sector, and additional parts of the environmental law need to be incorporated into the Treaty.

The current situation, in which only a small portion of the law has been adopted by the Energy Community countries, has led to an uneven playing field on the common European energy market.

This legal analysis examines how the impact of energy generation and transmission on water and biodiversity can be minimised by implementing the provisions of the Birds Directive, the Habitats Directive and Water Framework Directive.