Memo – Governance Regulation – EU EE binding target

Why lawyers think that the EU 2030 energy efficiency target should be binding? -  The Commission's proposal for the EU Climate and Energy Governance Regulation (COM (2016) 759 final)

Within the legislative process for the EU climate and energy governance regulation, there has been quite a lot of political discussion around the binding character of the EU 2030 energy efficiency target. Certain politicians question the necessity of establishing binding EU target. This memo aims at providing legal perspective into the political discussion on a binding or non-binding character of the EU 2030 energy efficiency target. It looks at it from the point of view of good governance and the EUGR as well as the EU energy efficiency legislation.

The conclusion of the memo is that good governance requires binding targets. In order to establish the governance system that works, is effective, understandable, transparent and simple it is essential to ensure that the EU 2030 energy efficiency target is binding. Otherwise, what would be the purpose of setting a sophisticated planning and monitoring mechanism if there is no clear goal to achieve but only 'indication' of what would potentially be possible? Why to go through a legislative process to adopt legislation that is not enforceable and does not provide any mechanisms, which would allow pushing Member States to achieve set goals? The EU 2030 energy efficiency binding target is, from the legal perspective, a strict minimum.