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Treaty Establishing a Constitution for Europe, Oct. 29, 2004, O.J. (C310) 1 (2004).



 

Table of Contents


PART III: THE POLICIES AND FUNCTIONING OF THE UNION

TITLE III - INTERNAL POLICIES AND ACTION
CHAPTER III - POLICIES IN OTHER AREAS

SECTION 10 - ENERGY
ARTICLE III-256
1. In the context of the establishment and functioning of the internal market and with regard for the need to preserve and improve the environment, Union policy on energy shall aim to:


(a) ensure the functioning of the energy market;


(b) ensure security of energy supply in the Union, and


(c) promote energy efficiency and energy saving and the development of new and renewable forms of energy.

2. Without prejudice to the application of other provisions of the Constitution, the objectives in paragraph 1 shall be achieved by measures enacted in European laws or framework laws. Such laws or framework laws shall be adopted after consultation of the Committee of the Regions and the Economic and Social Committee.

Such European laws or framework laws shall not affect a Member State's right to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply, without prejudice to Article III-234(2)(c).

3. By way of derogation from paragraph 2, a European law or framework law of the Council shall establish the measures referred to therein when they are primarily of a fiscal nature. The Council shall act unanimously after consulting the European Parliament.



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