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Complaint to the European Ombudsman on oil and gas imports from Russia - complaint

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Since the Russian Federation invaded Ukraine, the European Union has continued to import Russian oil and gas. EU imports constituted 61 percent of Russia’s fossil fuel exports (besides oil and gas also coal) in the first one hundred days of the war. Oil and gas exports are an important part of the Russian economy, the revenues of which make up 45% of Russia’s 2021 budget, according to the International Energy Agency. The imports of Russian oil and gas are governed by Regulation 2015/478 of the European Parliament and of the Council of 11 March 2015 on common rules for imports. Article 1 of that Regulation states that such oil and gas shall be freely imported into the Union and shall not be subject to any quantitative restrictions. To decrease dependence on Russian oil and gas, the European Union has adopted REPowerEU, a plan to rapidly reduce dependence on Russian fossil fuels and fast forward the green transition. The plan focuses on saving energy, diversifying energy supplies, accelerating the rollout of renewables, and smart investments. The plan has no specific timeframe to achieve its goals but aims to achieve the reduction "as soon as possible" and "well before 2030," 2030 being the target set before the adoption of the plan. 

On May 25, 2022, Global Legal Action Network (GLAN), Avaaz, Notre Affairs à Tous, Deutsche Umwelthilfe, and Svitlana Romanko, co-founder of the Stand With Ukraine campaign, filed a complaint with the European Ombudsman, Emily O’Reilly, alleging that the EU failed to conduct an impact assessment before continuing its imports from Russia after the Russian invasion of Ukraine. The complainants contend that the EU is obliged to assess the impact of its oil and gas imports on both human rights and GHG emissions. The complaint states that the EU oil and gas imports are a critical source for Russia to finance its war efforts, thus contributing to the human rights violations it says are happening in Ukraine. At the same time, the complaint states that the Commission has not adequately assessed the implications for climate change of its current and planned measures to reduce Russian oil and gas imports. The complaint mentions that the Commission’s plan to find alternatives for Russian fossil fuels risks locking in fossil fuel use.

The content of the assessments is described in detail in a letter sent on April 26, 2022, and attached to the complaint. In that letter, the complaining parties ask the Commission to:
-	assess the full range of measures that are both available to the EU – including a full cessation of imports of Russian oil and gas – appropriate to ensure that the EU does not contribute to the ability of Russia to prosecute its war of aggression in Ukraine;
-	examine – and consider other authoritative studies which examine – all available means of rapidly reducing reliance on Russian oil and gas within the EU;
-	assess the implications for the EU’s greenhouse gas emissions of any measures it considers to reduce reliance on Russian oil and gas;
-	assess how a rapid reduction in the EU’s reliance on Russian oil and gas can be achieved in a manner that is most consistent with the imperative of reducing greenhouse gas emissions.

The complaint states that the EU is obliged to respect international law in the exercise of its powers and that conducting an impact assessment is part of that obligation. In not conducting such an assessment, the EU has not acted in accordance with the principles of good administrative behavior. The complaint specifically mentions that the EU has violated art. 6 (proportionality) and 9 (objectivity) of the European Code of Good Administrative Behavior. 

After receiving the complaint, it is up to the Ombudsman’s office to determine whether the complaint warrants an inquiry. If the Ombudsman opens an inquiry, she can find that (1) there is no maladministration, (2) make a proposal to the institution to resolve the matter, or (3) find that there is maladministration and make recommendations to address the maladministration. The Commission then has three months to respond. 


Complaint to the European Ombudsman on oil and gas imports from Russia

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

This sector involves the wholesale and retail selling of goods.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

This sector involves activities to move goods and people, alongside the storage of products.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Complaint to the European Ombudsman on oil and gas imports from Russia - complaint

Target

Policy instrument

Risk

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance