ABSTRACT

This chapter provides an overview of the lengthy and complex Energy Charter Treaty (ECT) negotiations. It evaluates from a theoretical point of view why and how the European Union (EU) could acquire such a central role in the ECT negotiations despite lacking legal competences. In comparison to the preceding negotiations on the European Energy Charter and the ECT, the negotiations on the 'supplementary protocol' attracted only a little attention. The Commission engaged in policy entrepreneurship and decisively contributed to the EU's central role and extensive de facto competences in the forum. European utilities - the most active members of the European business community - opposed the ECT project as a Commission-led attack on their downstream monopolies. Member State support for the Ruud Lubbers Plan was very high during the conception and pre-negotiation period of the ECT project. The Commission's policy entrepreneurship reflected power and functionalist considerations.