The European Commission has defended the legality of the REPowerEU Regulation mandating a phased ban on Russian natural gas imports by end-2027, asserting it is grounded in EU trade and energy policy rather than foreign policy sanctions, in a recent parliamentary answer by Energy Commissioner Dan Jørgensen. The response clarifies that the regulation was adopted via qualified majority voting under Articles 207 and 194 of the Treaty on the Functioning of the European Union, not the unanimity rule applicable to sanctions under Article 215 TFEU. This directly addresses a parliamentary question from Petra Steger, a PfE group MEP, who highlighted Hungary’s legal challenge before the Court of Justice of the European Union and raised concerns over high energy prices, jeopardized energy security, and procedural legitimacy.
The Commission’s answer signals a firm commitment to reducing energy dependency on Russia for collective EU security, prioritizing economic and supply security at the EU level over individual national prerogatives. It underscores that the regulation includes mechanisms to avoid disproportionate hardship for member states, and stresses ongoing dialogue with Hungary and Slovakia to ensure a secure transition. This follows Commissioner Jørgensen’s December 3, 2025 announcement of a provisional EU agreement to fully phase out Russian fossil fuels under the REPowerEU plan, which noted that Russian gas imports had already declined from 45% to 13%, coal from 51% to zero, and crude oil from 26% to 2%. The current answer reiterates that commitment while addressing legal challenges from landlocked countries like Hungary, Slovakia, and Austria, which fear national sovereignty and energy cost impacts.
The context of the Middle East crisis has heightened energy security concerns. On March 31, 2026, Commissioner Jørgensen proposed an EU energy independence strategy amid the conflict, citing 70% gas and 60% oil price increases and an additional EUR 14 billion in fossil fuel import costs over 30 days. On April 13, Commission President Ursula von der Leyen proposed coordinated energy measures, including gas storage filling and oil stock releases, referencing the success of the 2022 EU Energy Platform. Days earlier, on April 14, German Chancellor Friedrich Merz and Vice Chancellor Lars Klingbeil announced new energy cost relief after US President Donald Trump signaled a Hormuz blockade, while Senator Ciprian-Titi Stoica asked Romania’s Energy Minister for measures on Iran war energy disruption, citing Commissioner Jørgensen’s March 30 warning of prolonged supply disruptions. The Commission’s current answer thus reinforces its legal and policy stance amid ongoing geopolitical tensions and member state dissent, establishing a precedent for the legal framing of major energy policy shifts and signaling continued engagement with dissenting states.
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