This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 04 WARSAW 000312 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EUR A/S DFRIED, DAS MPEKALA, DAS MBRYZA, E, 
EUR/NCE, EUR/ERA, EUR/RPM, EB/ESC 
EUR/NCE FOR DKOSTELANCIK AND MSESSUMS 
EB/ESC FOR SGALLOGLY AND RGARVERICK 
DOE FOR LEKIMOFF 
USDOC FOR 4232/ITA/MAC/EUR/JBURGESS, MWILSON, JKIMBALL 
TREASURY FOR OASIA MATTHEW GAERTNER 
 
E.O. 12958: N/A 
TAGS: OPDC ENRG ECON EU PL NATO
SUBJECT: POLAND DELIVERS NON-PAPER ON ENERGY SECURITY TREATY 
 
REF: A. WARSAW 148 
 
     ¶B. WARSAW 175 
     ¶C. WARSAW 176 
 
SENSITIVE BUT UNCLASSIFIED -- NOT FOR INTERNET DISTRIBUTION 
 
¶1. (SBU)  Summary:  Late Friday, February 24 the office of 
Prime Minister Marcinkiewicz delivered a letter addressed to 
President Bush with an accompanying non-paper outlining 
Poland's proposed European Energy Security Treaty.  An 
unofficial translation of the letter to President Bush is 
included in para 2, the english version of the non-paper in 
para 3.  PM Marcinkiewicz originally proposed a European 
Energy Security Treaty in January following the Russian 
cut-off of gas to Ukraine.  Deputy Minister of Energy Naimski 
broadly discussed the goals of the treaty with EUR A/S Fried 
and DOD A/S Fluory during the U.S.-Poland Strategic Dialogue 
meeting on January 25. This is the first detailed information 
post has received on Poland's proposed treaty.  End Summary. 
 
¶2. (SBU)  Unofficial translation of letter from Prime 
Minister Kazimierz Marcinkiewicz to President George W. Bush. 
 
 
BEGIN TEXT: 
 
Your Excellency, 
 
In relation to the currently held discussions concerning 
energy security in Europe, I would like to present you with a 
copy of Poland's non-paper on the Outline of the European 
Energy Security Treaty. 
 
The aim of our initiative is to enact a new and simple treaty 
between the Member States of the European Union and the North 
Atlantic Treaty Organization, that would give our citizens an 
enhanced security of energy supplies to their homes and 
companies. 
 
I would appreciate receiving from you your comments and 
opinions on this matter. 
 
This letter, together with the attached non-paper has been 
forwarded to all the Heads of Government of the European 
Union and NATO. 
 
Respectfully yours, 
 
Kazimierz Marcinkiewicz 
 
END TEXT. 
 
¶3.  (SBU)  Poland's Non-Paper: Outline of the European Energy 
Security Treaty. 
 
BEGIN TEXT: 
 
------------- 
Introduction 
------------- 
 
The European Energy Security Treaty (EEST) will be the first 
political instrument linking states in the area of mutual 
energy security guarantees.  The need for the Treaty stems 
from the contemporary experiences of world interdependence, 
wherein the difficulties of one country are immediately 
reflected in neighboring states.  The progressing 
interdependence of the energy systems of European Union 
Member states, emerging simultaneously with the common 
electricity and natural gas markets, dramatically underlines 
the need for political solidarity in this field. 
 
The negative impact of this kind of interdependence affecting 
European states was recently exemplified by disagreements 
concerning supplies of natural gas between Ukraine and Russia 
(2006), Belarus and Russia (2004), technical deficiencies in 
the electricity systems between Switzerland and France, 
resulting in a blackout in northern Italy (2003).  Natural 
disasters, terrorist activity and grid failures may cause 
energy problems in neighboring countries.  In such 
situations, we need to have a mechanism that would allow us 
to assist the countries affected in a fast, effective and 
coordinated manner.  This mechanism could be based on a 
political agreement that would imply mutual security 
guarantees, modeled on the guarantees at the root of the 
Western European Union (provided by the modified Brussels 
Treaty) as well as NATO (provided by the Washington Treaty). 
 
The immediate aim of the EEST is to raise the level of the 
Parties' energy security.  This can only be achieved through 
the creation of a political space, wherein all the 
participating Parties would develop their own systems of 
energy security (different types of power plants and 
electricity transmission lines, oil and natural gas 
pipelines, oil and natural gas maritime ports, storage 
facilities, transmission system interconnectors, development 
of renewable energy sources, capital strengthening of 
domestic companies active in this field, etc.).  For today, 
potential political pressure exerted with the use of energy 
instruments, as well as natural disasters or terrorist acts, 
can fundamentally hamper or even prevent the achievement of 
long term objectives. 
 
The geographic situation and the structure of energy 
consumption and production of European states determine the 
kinds of dependencies to which they are subjected.  Thus, we 
achieve a basic synergy stemming from a shared interest in 
building a system of mutual energy security.  In other words, 
the requirement of energy security exists regardless of 
geographic situation or kinds of energy dependencies.  This 
is one of the most fundamental premises of the EEST. 
 
In the mid-term, the EEST will permit steady growth of 
national energy security systems, including the development 
of interconnectors between the Parties, that will take place 
in a political environment more stable than today. 
 
The EEST should have the long-term goal of ensuring energy 
supply stability to all the States-Parties of the EEST and to 
the entire area of the EEST.  The energy situation of the 
Parties and the entire EEST area will be considered secure 
once the Parties and the entire EEST area achieve 
diversification in: 
 
- The kinds of energy consumed and their sources; 
- The kinds of energy imported and their sources; 
- Physical connections to the sources of supply and sources 
of energy imported. 
 
Current international arrangements do not provide a legal 
basis for the mutual granting of energy security guarantees 
by states wishing to do so within a multilateral framework. 
Neither the European Union, nor the European Community 
provides such a basis.  NATO is not properly equipped in this 
respect, either: the Parties to the Washington Treaty are 
required to grant each other mutual assistance in a situation 
of armed attack.  In this context, it is the intent of the 
EEST to enhance the internal cohesion and solidarity of its 
Parties in the field of their individual energy security as 
well as the energy security of the entire area of the EEST. 
 
--------------------------------------------- ---------- 
Basic Elements for the European Energy Security Treaty 
--------------------------------------------- ---------- 
 
¶1. The EEST will refer to the right of European nations to 
enjoy stable supplies of energy (FOOTNOTE 1: The UN Charter 
stipulates in Art 1.3: "The Purposes of the United Nations 
are: (...) To achieve international co-operation in solving 
international problems of an economic (...) character..." END 
FOOTNOTE.), based on market relations between economic 
entities in the fields of energy provision, namely its 
extraction, import, transmission and transportation, storage, 
processing, distribution and trade.  It will invoke the 
political solidarity linking the Euro-Atlantic community. 
Participation in the EEST will require a country's commitment 
to cooperate in bringing assistance to a Party affected by 
restrictions in energy supplies, and to build and develop the 
necessary organizational and technical infrastructure 
designed to permit such cooperation. 
 
¶2. The EEST will be based on the rules of public 
international law.  It will draw on the political and legal 
reality of the European Union and the North Atlantic Treaty. 
 
The criteria of participation:  the EEST will be open to all 
Member States of either the European Union or NATO. 
 
However, if not all EU Member States opted to participate in 
the EEST, the EEST could be enacted in the mode of the Prum 
Convention, agreed in 2005 between a limited number of 
States-Parties to the Schengen system.  Though not a EU 
Member State, Norway participates in the latter. 
 
The EEST formula not embracing all EU Member States would 
mean that the countries initially outside the EEST could join 
it at a later stage, provided that they committed themselves 
"to cooperate in bringing assistance to a Party affected by 
restrictions in energy supplies, and to build and develop the 
necessary organizational and technical infrastructure 
designed to permit such cooperation" (point1) and fulfilled 
the acquis developed until then. 
 
¶3. The EEST would contain a basic clause elaborating mutual 
energy security guarantees, under which the Parties would be 
obligated to grant each other mutual assistance in the event 
of a threat to their energy security from natural or 
political causes. 
 
The Treaty commitments should contain a clause with the 
Parties undertaking that a threat to the energy security of 
one of them will be considered a threat to the energy 
security of all of them.  Consequently, in the event of a 
threat to the energy security of one or more of them, the 
other Parties - acting together or separately - will afford 
the Parties threatened all aid and assistance at their 
disposal, excluding the use of armed force. 
 
Threat to the energy security of one of the Parties will be 
understood to mean a situation wherein the limitation of 
energy or energy source supplies onto its territory is not 
the effect of a trade agreement freely concluded. 
 
¶4.  The EEST will establish a mechanism enhancing the 
creation and development of an infrastructure for 
transporting, transmitting and storage of energy and its 
sources, allowing mutual energy security assistance in the 
event of a threat.  The mechanism will have the following 
elements: 
 
- It will be lined to the EU undertakings within the 
Trans-European Networks - Energy (TEN-E) framework, as well 
as those that may result from the development of the New 
Energy Policy (NEP).  Thus, the EEST will reflect EU 
achievements relating to the energy markets.  Furthermore, 
NEP should take into account the objectives of EEST. 
 
- There will be a small, common budget to be used for 
co-financing key non-commercial elements of the 
infrastructure. 
 
- There will be commonly agreed tasks financed from public 
sources of the EEST Parties and from those of private 
companies contracted to fulfill particular tasks. 
 
¶5.  The EEST will elaborate the means of consultation and 
reaction of the Parties in the event of a threat to the 
energy security of one or more Parties. 
 
¶6.  The EEST will provide the basis for genuine 
diversification of the sources, means of transportation and 
kinds of energy consumed within the territory of each Party 
and within the entire area of the European Energy Security 
Treaty. 
 
In order to allow for a proper policy diversifying the 
Parties' sources, means of supply and kinds of energy, the 
Parties - after the EEST enters into force - will adopt 
appropriate security indicators that will set the levels of 
maximum dependency on particular sources, means of 
transportation and kinds of energy consumed and imported. 
 
In its application, particularly in the economic field, the 
EEST will not be in contradiction with the treaties 
establishing the European Community, the treaty on the 
European Union and the New Energy Policy.  The EEST will 
support its Parties in their duty to provide energy security 
for their citizens; it will not pertain, however, to the 
field of energy regulation.  In consequence, the EEST will 
not be an instrument of intervention in the energy markets, 
its sources, or distribution. 
 
The EEST will not determine the ownership of those economic 
entities that its Parties entrust with the fulfillment of 
Treaty commitments.  the participating Parties will remain 
free in this field. 
 
¶7.  The EEST will not infringe on the commitments of those 
Parties that are simultaneously Parties to the Washington 
Treaty and thus Members of NATO. 
 
¶8.  The EEST will lay down the ways and means of mutual 
information and consultation of the Parties in the event of 
emergence of threats and, in particular, on cuts or 
limitations in the supply of energy and its sources. 
 
¶9.  The EEST will establish a system of monitoring the state 
of the energy security of its Parties and of the entire 
Treaty area.  In doing so, it may refer to the acquis of the 
New Energy Policy of the European Union. 
 
¶10.  The EEST will determine the goals of a system of mutual 
confidence- and transparency-building measures and its 
development in the relations between the countries importing 
and exporting energy and its sources. 
 
¶11.  The EEST will determine its institutional structure, 
seat, budget, ways of resolving disputes and supervision of 
commitment implementation.  Decisions will be taken 
unanimously. 
 
END NON-PAPER TEXT. 
KULAKOWSKI