During COP 28, the first global stocktaking under the Paris Agreement was carried out, aimed at evaluating the progress made towards achieving the established climate goals. The budget highlighted the need to reach peak global greenhouse gas emissions by 2025, with a subsequent reduction of 43% by 2030 and 60% by 2035 compared to 2019 levels, to maintain the global warming within the limit of 1.5 ºC. It has also been highlighted that some countries are lagging behind in achieving the goals set out in the Paris Agreement.

The Parties agreed to present by COP 30 their updated climate plans for 2035, which should be aligned with the 1.5 ºC target, based on the best available science and the findings of the 2023 global stocktake. In addition , a framework for a global adaptation goal was agreed, along with commitments to ensure financing for adaptation activities needed to address climate change.

Paris Agreement: towards climate neutrality

MITIGATION

It is essential to intensify climate change mitigation efforts. Energy is one of the sectors where reducing emissions can have the greatest short-term effects.

The following global energy goals were agreed at COP 28:

• achieve the transition away from fossil energy: the parties agreed to phase out fossil fuels in the energy sector by 2050

• renewable energy and energy efficiency: the parties agreed to triple global renewable energy capacity and double the rate of energy efficiency improvement by 2030

FINANCING

The European Union (EU) and its Member States continue to firmly support the goal of raising USD 100 billion, established by the Paris Agreement, and have committed to doubling financing for climate change adaptation.

During COP 28, the EU and its Member States committed to providing more than half of the initial funding for the Loss and Damage Fund, amounting to more than EUR 400 million. Overall, the EU and its Member States are the main providers of climate finance globally.

What is the EU's role in the COP?

As parties to the United Nations Framework Convention on Climate Change (UNFCCC), they actively participate in international climate negotiations, including those of the Paris Agreement. Every year, they participate in meetings of the Conference of the Parties (COP), where they discuss and negotiate global strategies to address climate change.

During COP 28, the EU is represented by key figures such as the President of the European Council Charles Michel, the President of the European Commission Ursula von der Leyen, and the rotating presidency of the Council of the EU. The EU delegation in the negotiations is led by the European Commission, in cooperation with the Council Presidency.

The role of the Council in international agreements

International agreements serve to assist the EU in achieving its political objectives. 

They concern various areas:

• Trade

• Cooperation and development

• Specific policy sectors (Textiles, Fisheries, Customs, Transport, Science, Technology)

The EU negotiates and concludes international agreements both with non-EU countries and with international organisations, such as the WTO or the UN.

How does the Council work?

The Council of the European Union (EU Council) plays a crucial role in the negotiation and conclusion of international agreements between the EU and third countries or international organisations. This process includes various phases, each of which sees the direct involvement of the Council:

1. Assignment of the Mandate: Before starting negotiations, the Council gives a mandate to the European Commission, which acts as negotiator on behalf of the EU. This mandate outlines the main guidelines and objectives that the Commission must pursue during the negotiations.

2. Negotiation: The European Commission negotiates the agreement with the counterpart, in accordance with the mandate received. During this phase, the Commission keeps the Council informed of progress and may request further instructions or clarifications.

3. Signature and Conclusion: Once negotiations are concluded, the agreement is signed. However, to enter into force, it must be ratified through the adoption of a decision by the Council. At this stage, if the agreement concerns areas of shared competence between the EU and its member states, the approval of national governments is also required.

4. Implementation: The Council adopts the final decision integrating the agreement into EU law, making it operational.

The Council also has the power to suspend or denounce an international agreement. This can happen in situations where circumstances change or if one party fails to comply with the terms of the agreement.

How is the procedure carried out?

Articles 207 and 218 of the Treaty on the Functioning of the European Union (TFEU) [Doc. at the bottom of the paragraph] outline the legal framework for the negotiation and adoption of international agreements by the European Union. These articles establish the roles and responsibilities of the EU institutions throughout the whole process.

Article 207 TFEU: This article regulates the EU's common commercial policy, an area of ​​exclusive competence of the Union. Trade policy includes issues related to trade in goods and services, commercial aspects of intellectual property, and foreign direct investment.

Voting Procedure:

• Qualified majority: Council decisions concerning the common commercial policy are generally adopted by a qualified majority. This means that to approve a proposal, a specific number of votes representing a majority of member states and the EU population is needed.

• Unanimity: However, for particularly sensitive issues, such as taxation or economic and monetary union, unanimity is required. In these cases, each member state has the right of veto.

Article 218 TFUE: Article 218 describes the general procedure for negotiating and concluding international agreements that do not exclusively concern trade policy.

The process of negotiating and concluding international agreements in the EU is structured to ensure that the different institutions involved, in particular the Council of the European Union and the European Commission, work together effectively to achieve the EU's objectives. Here is a detailed overview of the process:

1. Trading Recommendations and Directives:

   • Commission proposals: The European Commission presents recommendations to the Council on each specific agreement. If the agreement mainly concerns foreign and security policy, the recommendations are presented by the High Representative of the Union for Foreign Affairs and Security Policy.

   • Council decision: The Council adopts a decision authorizing the opening of negotiations and establishes the negotiating directives, which outline the general objectives to be achieved.

2. Representation and Negotiations:

   • EU representation: The Commission represents the EU during the negotiations, except when the agreement concerns foreign and security policy, in which case the EU is represented by the High Representative. Negotiations typically take place in several "rounds".

   • Special Committee: For some types of agreements, the Council appoints a special committee which collaborates with the Commission during the negotiations. This committee, together with the European Parliament, is kept regularly informed on the status of the negotiations.

3. Amendments and Revised Guidelines:

   • The Council may issue new negotiating directives or revise existing ones at any time, to adapt the negotiating position or respond to new circumstances or needs arising during the negotiations.

4. Compatibility and Verification:

   • The Council and the Commission are jointly responsible for ensuring that the agreements are compatible with the EU's internal policies and rules.

5. Final Phase:

   • Signing Decision: At the end of the negotiations, the Council adopts a decision on the signing of the agreement. In some cases, the Council can also decide on the provisional application of the agreement.

   • Approval and Conclusion: The final decision for the conclusion of the agreement can only be taken after the European Parliament has given its consent, for association agreements and other relevant areas. In other cases, Parliament must be consulted. Furthermore, for some types of agreements, ratification by all EU member states is required.

Exclusive or competing expertise?

The European Union has exclusive or concurrent competence in the conclusion of international agreements:

1. Exclusive Competence: The EU acts alone in areas such as trade policy, customs, and intellectual property, where it has adopted common rules. Member States cannot negotiate agreements that influence these regulations.

2. Competing expertise: The EU and member states can negotiate together in areas such as foreign affairs, environment and scientific research. The agreements must be consistent with EU policies.

In both cases, the EU coordinates with member states to ensure united action at the international level.