10 Amendments of Tonino PICULA related to 2016/0031(COD)
Amendment 9 #
Proposal for a decision
Recital 1
Recital 1
(1) The proper functioning of the internal energy market requires that the energy imported into the Union be fully governed by the rules establishing the internal energy market. Transparency and compliance with the EU law represents an important element in ensuring energy stability of the EU. An internal energy market that does not function properly puts the Union in a vulnerable and disadvantageous position with regard to security of energy supply, and undermines its potential benefits to European consumers and industry.
Amendment 12 #
Proposal for a decision
Recital 5
Recital 5
(5) In order to avoid any incompliance with Union law and provisions on energy security of the EU, and to enhance transparency, Member States should inform the Commission of their intent to enter into negotiations with regard to new intergovernmental agreements or amendments to existing intergovernmental agreements as soon as possible. The Commission should be kept informed regularly and adequately of the progress of the negotiations. Member States should have the possibility to invite the Commission to participate in the negotiations as an observer.
Amendment 16 #
Proposal for a decision
Recital 6
Recital 6
(6) During the negotiations the Commission should have the possibility to advice on how to avoid incompatibility with Union law. In particular, the Commission cshould develop, together with Member States, optional model clauses orand guidelines. The Commission should have the possibility to draw attention to the Union’s energy policy objectives and the principle of solidarity between Member States and Union policy positions adopted in Council or European Council conclusions.
Amendment 18 #
Proposal for a decision
Recital 7
Recital 7
(7) In order to ensure compliance with Union law and provisions on energy security of the EU, Member States should notify the draft intergovernmental agreement to the Commission before it becomes legally binding for the parties (ex- ante). In a spirit of cooperation, the Commission should support the Member State in identifying compliance issues of the draft intergovernmental agreement or amendment. The respective Member State would then be better prepared to conclude a Union law compliant agreement. The Commission should have sufficient time for such an assessment in order to provide for as much legal certainty as possible while. The Commission should avoiding undue delays that can have a negative effect on the negotiating position of the Member State. In order to fully benefit from the Commission's support Member States should refrain from concluding an intergovernmental agreement until the Commission has informed the Member State of its assessment. The Member States should take all necessary steps to find a suitable solution to eliminate the incompatibility identified.
Amendment 20 #
Proposal for a decision
Recital 8
Recital 8
(8) In light of the Energy Union Strategy, transparency with regard to past and future intergovernmental agreements continues to be of upmost importance and is an important element in ensuring energy stability of the EU. Therefore, Member States should continue notifying to the Commission existing and future intergovernmental agreements, whether they have entered into force or are being applied provisionally within the meaning of Article 25 of the Vienna Convention on the Law of Treaties, and new intergovernmental agreements.
Amendment 22 #
Proposal for a decision
Recital 10
Recital 10
(10) This Decision should only apply to intergovernmental agreements that have an impact on the internal energy market or the security of energy supply in the Union and in transiting countries. In case of doubt, Member States should consult the Commission. In principle, agreements that are no longer in force or are no longer applied do not have an impact on the internal energy market or on the security of energy supply in the Union and should therefore not be covered by this Decision.
Amendment 26 #
Proposal for a decision
Recital 16
Recital 16
(16) A permanent exchange of information on intergovernmental agreements at Union level should enable best practices to be developed. On the basis of those best practices, the Commission, where appropriate in cooperation with the European External Action Service as regards the Union’s external policies, should develop optional model clauses and guidelines to be used in intergovernmental agreements between Member States and third countries. The use of such model clauses should aim to avoid conflicts of intergovernmental agreements with Union law, in particular internal energy market rules and competition law, and conflicts with international agreements concluded by the Union. Their use should be optional, and it should be possible to adapt their content to any particular circumstance.
Amendment 30 #
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a Member State gives the Commission notice of negotiations pursuant to Article 3(1), the Commission services may provide it with advice and guidelines on how to avoid the incompatibility of the intergovernmental agreement or of the amendment to an existing intergovernmental agreement under negotiation with Union law. That Member State may also request the assistance of the Commission in those negotiations.
Amendment 32 #
Proposal for a decision
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Where the Commission participates in the negotiations as an observer, it may provide the Member State concerned with advice and guidelines on how to avoid the incompatibility of the intergovernmental agreement or amendment under negotiation with Union law.
Amendment 46 #
Proposal for a decision
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) on the basis of best practices and in consultation with Member States, developing optional model clauses and guidelines, which, if applied, would significantly improve compliance of future intergovernmental agreements and non- binding instruments with Union law;