EU jurisdiction in security of supply matters

Binding Community legislation and intergovernmental cooperation form the foundation of the EU’s operations. Matters associated with security of supply do not, by and large, fall within the current scope of Community legislation, although certain strategy statements emphasise the importance of developing preparedness and the crisis tolerance of society. An exception to this are oil products, which, under the EU’s Oil Stocks Directive, Member States are obliged to hold a reserve supply of corresponding to 90 days’ consumption.

The Treaty of Lisbon amending the two treaties that form the constitutional basis of the European Union takes a more holistic approach to security of supply. According to the solidarity clause of the Treaty of Lisbon, which entered into effect in 2009, the Union and its Member States shall act jointly in a spirit of solidarity if a Member State is the object of a terrorist attack or the victim of a natural or man-made disaster and requests assistance. The concrete content and deployment methods of this solidarity action and mutual assistance are determined in the course of practical collaboration.

The previous founding treaties of the EU, such as the Maastricht and Amsterdam Treaties, also emphasised the Community’s mutual solidarity and the importance of key common foundational systems. These include the Economic and Monetary Union with the central bank institution and activities aimed at a common foreign and security policy, including a common defence policy. In light of the Community’s common agricultural and trade policies and the directives governing security of supply at national level as well, the European Union should be considered an actor that promotes the security of supply of its Member States.

Improving the reliability of the EU’s internal market and the crisis tolerance of society have become increasingly important focus areas among EU Member States. The resulting collaborative prevention of cross-border threats, cyberthreats and hybrid influence are themes that also strengthen the security of supply of Finland.