Ireland has begun the process of formal withdrawal from the Energy Charter Treaty (ECT) in a coordinated manner alongside other EU Member States, following negotiations as part of a bloc, led by the EU Commission.
Each Member State has different rules regarding treaties, both the joining and exiting of them. In Ireland’s case, a decision to withdraw from an international treaty, such as the Energy Charter Treaty, is a matter of executive power under Article 29 of the Irish Constitution and will require a Government Decision. A Memorandum will be brought to Government by my colleague, the Minister for Foreign Affairs, given his formal role in international treaties, and this decision will formally end Ireland’s membership. The Government is committed to exiting the ECT as soon as is practicable, and this Memo is expected to be brought to Government in the approaching period.
Ireland is still a member of the Treaty and will remain so until we officially leave. The modernised treaty provides for less exposure to investor claims than the original treaty, and the modernised Treaty is available to view on the ECT website. However, the Government's position remains that Ireland will exit the Treaty.