Activities of David BORRELLI related to 2016/0031(COD)
Shadow reports (1)
REPORT on the proposal for a decision of the European Parliament and of the Council on establishing an information exchange mechanism with regard to intergovernmental agreements and non-binding instruments between Member States and third countries in the field of energy and repealing Decision No 994/2012/EU PDF (783 KB) DOC (125 KB)
Shadow opinions (1)
OPINION on the proposal for a decision of the European Parliament and of the Council on establishing an information exchange mechanism with regard to intergovernmental agreements and non-binding instruments between Member States and third countries in the field of energy and repealing Decision No 994/2012/EU
Amendments (32)
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 modelad hoc model positive and negative clauses to be used in intergovernmental agreements between Member States and third countries to assist in the legal definition of those agreements. 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 35 #
Proposal for a decision
Recital 4
Recital 4
(4) However, the effectiveness of Decision No 994/2012/EU proved ineffective in terms ofin ensuring compliance of intergovernmental agreements (IGAs) with Union law remains untested due to the small number of IGAs submitted to the Commission. That Decision mainly relied on the assessment of intergovernmental agreements by the Commission after they were concluded by the Member States with a third country. Experience gained in the implementation of the Decision 994/2012/EU demonstratedsuggests that such an ex-post assessment does not fully exploit the potential for ensuring compliance of intergovernmental agreement with Union law. In particular, intergovernmental agreements often contain no appropriate termination or adaptation clauses which would allow Member States to bring the intergovernmental agreement in compliance with Union law within a reasonable period of time. Furthermore, the positions of the signatories have already been fixed, which creates political pressure not to change any aspect of the agreement.
Amendment 44 #
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 and on how to achieve best a comprehensive legal protection for all Union parties to be involved in the IGA. In particular, the Commission could develop, together with Member States, optional model clauses or guidelines and examples of draft clauses that should, in principle, be avoided, due to their potential risk. 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 47 #
Proposal for a decision
Recital 7
Recital 7
(7) In order to ensure compliance with Union law, Member States should notify ex-ante to the Commission the sections of the draft intergovernmental agreement to the Commission before itwhich legal structure does not correspond to the model clauses or guidelines previously defined, ex ante meaning in this context "with sufficient anticipation before the IGA becomes legally binding for the parties (ex-ante)". In a spirit of cooperation, the Commission should support the Member State in identifying potential 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 avoiding undue delays. 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 thesolve the potential incompatibility identified in a way satisfactory to all parties.
Amendment 55 #
Proposal for a decision
Recital 8
Recital 8
(8) In light of the Energy Union Strategy, legal transparency with regard to past and future intergovernmental agreements continues to be of upmost importance. 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 58 #
Proposal for a decision
Recital 9
Recital 9
(9) The Commission should assess the compatibility with Union law of intergovernmental agreements that entered into force or are applied provisionally prior to the entry into force of this Decision and inform the Member States accordingly. In the event of potential incompatibility, Member States should take all necessary steps to find a suitable solution to eliminate thesolve the potential incompatibility identified to the satisfaction of all parties.
Amendment 62 #
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. In case of doubt, Member States shouldand whenever they intend to apply clauses diverging from the models previously established by the Commission, Member States are strongly encouraged to 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 70 #
Proposal for a decision
Recital 11
Recital 11
(11) Member States establish relations to third countries not only by concluding intergovernmental agreements, but also in the form of non-binding instruments. Even if legally non-binding, such instruments can be used to set out a detailed framework for energy infrastructure and energy supply. In this respect non-binding instruments can have similar impacts on the internal energy market as intergovernmental agreements as their implementation might result in a violation of Union law. In order to ensure greater legal transparency regarding all measures applied by Member States that can have an impact on the internal energy market and energy security, Member States should therefore submit to the Commission, ex post, also the respective non-binding instruments. The Commission should assess the submitted non-binding instruments and, if appropriate, inform the Member State accordingly.
Amendment 79 #
Proposal for a decision
Recital 14
Recital 14
(14) The Commission should make legal information it receives available to all other Member States in secure electronic form. The Commission should respect requests from Member States to treat information submitted to it as confidential. Requests for confidentiality should, however, not restrict access of the Commission itself to confidential information, as the Commission needs to have comprehensive information for its own legal assessments. The Commission should be responsible for guaranteeing the application of the confidentiality clause. Requests for confidentiality should be without prejudice to the right of access to documents as provided for in Regulation (EC) No 1049/2001 of the European Parliament and of the Council11 . _________________ 11 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 299, 27.10.2012, p. 13).
Amendment 81 #
Proposal for a decision
Recital 15
Recital 15
(15) If a Member State considers an intergovernmental agreement to be confidential, it should provide the Commission with a summary of it for the purposes of sharing that summary with the other Member States. Such a summary should explicitly and clearly highlight, inter alia, any planned use of legal clauses that are not fully aligned with the model clauses established by the Commission.
Amendment 83 #
(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 to be used in intergovernmental agreements between Member States and third countries, together with examples of clauses or parts thereof that should in principle be avoided. The use of such model clauses should aim to avoidprevent potential conflicts of intergovernmental agreements with Union law, in particular internal energy market rules and competition law, ands well as potential conflicts with international agreements concluded by the Union. Their use should be optional, and it should be possible to adapt their legal content and structure to any particular circumstance.
Amendment 89 #
Proposal for a decision
Recital 17
Recital 17
(17) The improved mutual knowledge of existing and new intergovernmental agreements and non-binding instruments should allow for better coordination in energy matters between Member States and between Member States and the Commission. Such improved coordination should enable Member States to benefit fully from the political and economic weight of the Union and enable the Commission to propose solutions for potential problems identified in the area of intergovernmental agreements.
Amendment 94 #
Proposal for a decision
Recital 18
Recital 18
(18) The Commission should facilitate and encourage coordination between Member States with a view to enhancing the overall strategic role of the Union through a strongwell-defined and effective long- term coordinated approach to producer, transit, and consumer countries.
Amendment 101 #
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Decision establishes a mechanism for the exchange of legal information between Member States and the Commission with regard to intergovernmental agreements and non- binding instruments in the field of energy as defined in Article 2, in order to optimise the functioning of the internal energy market.
Amendment 113 #
Proposal for a decision
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
As soon as an agreement has been reached by the parties on all the main elements of a draft intergovernmental agreement (DIGA) or an amendment to an existing intergovernmental agreement, but before the closure of formal negotiations, the Member State concerned shall notify to the Commission the legal contents of this draft agreement or amendment together with any related annexes thereto for ex-ante assessment in accordance with Article 5, insofar the clauses of the DIGA or of the amendment do not correspond to model clauses previously established by the Commission pursuant to Article 7a.
Amendment 118 #
Proposal for a decision
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Where the draft intergovernmental agreement or amendment to an existing intergovernmental agreement refers explicitly to other texts, the respective Member State shall also submit those other texts in so far as they contain elements which may have an legal impact on the functioning of the internal energy market or on the security of energy supply in the Union.
Amendment 122 #
Proposal for a decision
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
Upon ratification of an intergovernmental agreement or of an amendment to an intergovernmental agreement, the Member State concerned shall notify the legal contents of intergovernmental agreement or the amendment, including any relevant annexes thereto, to the Commission.
Amendment 126 #
Proposal for a decision
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
Where the ratified intergovernmental agreement or amendment to the intergovernmental agreement refers explicitly to other texts, the Member State concerned shall also submit those other texts in so far as they contain elements which may have an legal impact on the functioning of the internal energy market or on the security of energy supply in the Union.
Amendment 131 #
Proposal for a decision
Article 3 – paragraph 5
Article 3 – paragraph 5
5. All notifications pursuant to paragraphs 1 to 3 of this Article, Article 6(1) and (2) and Article 7(1) and (2) shall be made through a web-based application provided by the Commission, unless the Member State concerned prefers to use secure diplomatic channels. The periods referred to in Article 5(1) and (2) and Article 6(3) shall start to run on the date when the complete notification file has been registered in the application or, as an alternative, in the registry of the Commission.
Amendment 138 #
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 on how to avoid theany potential 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 146 #
Proposal for a decision
Article 4 – paragraph 2
Article 4 – paragraph 2
2. At the request of the Member State concerned, or at the request of the Commission and with the written approval of the Member State concerned, the Commission may participate in the negotiations or in parts thereof as an observer.
Amendment 170 #
Proposal for a decision
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
By [3 months following the entry into force of this Decision] at the latest Member States shall notify to the Commission the legal contents of all existing intergovernmental agreements, including annexes and amendments with regard thereto.
Amendment 173 #
Proposal for a decision
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Where the existing intergovernmental agreement refers explicitly to other texts, the Member State concerned shall also submit those other texts in so far as they contain elements which may have an legal impact on the functioning of the internal energy market or on the security of energy supply in the Union.
Amendment 186 #
Proposal for a decision
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Upon adopting a non-binding instrument or an amendment to a non-binding instrument, the Member State concerned shall notify the legal contents of the non- binding instrument or the amendment, including any annexes thereto, to the Commission.
Amendment 190 #
Proposal for a decision
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Where the non-binding instrument or the amendment to the non-binding instrument refers explicitly to other texts, the Member State concerned shall also submit those other texts in so far as they contain elements which may have an legal impact on the functioning of the internal energy market or on the security of energy supply in the Union.
Amendment 192 #
Proposal for a decision
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
By [3 months following the entry into force of this Decision] at the latest, Member States shall notify to the Commission the legal contents of all existing non-binding instruments, including annexes and amendments with regard thereto.
Amendment 194 #
Proposal for a decision
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Where the existing non-binding instrument refers explicitly to other texts, the Member State concerned shall also submit those other texts in so far as they contain elements which may have an legal impact on the functioning of the internal energy market or on the security of energy supply in the Union.
Amendment 202 #
Proposal for a decision
Article 7 a (new)
Article 7 a (new)
Article 7a Repository of model IGA clauses By ... [6 months after the date of entry into force of this Decision], the Commission shall establish and maintain a repository of anonymised standard model clauses and guidelines to be considered by Member States when drafting intergovernmental agreements in the field of energy or amendments thereto. The repository shall include examples of clauses or parts to that should be avoided. The model clauses, guidelines and examples shall be accompanied by a sufficiently detailed legal explanation of the functional reasons justifying their inclusion in the repository. The Member States shall have easy and ongoing access to the repository. The model clauses, guidelines and examples shall be initially drafted in at least three of the official languages of the Union. At request from a Member State, the Commission shall provide authorised translations in any other official language.
Amendment 203 #
Proposal for a decision
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
When providing information to the Commission in accordance with Article 3(1) to (3), Article 6(1) and Article 7(1) and (2), a Member State may indicate whether any part of the information, be it commercial or other information submitted, the disclosure of which could harm the activities of the parties involved, is to be regarded as confidential and whether the information provided can be shared with other Member States information on the main legal and planning elements, with particular attention to any legal clauses which depart from the standard models established by the Commission pursuant to Article 7a.
Amendment 213 #
Proposal for a decision
Article 8 – paragraph 3 – subparagraph 2 – point e – paragraph 1
Article 8 – paragraph 3 – subparagraph 2 – point e – paragraph 1
information on the main legal elements, with special attention to any legal clauses which depart from the standard models established by the Commission pursuant to Article 7a.
Amendment 221 #
Proposal for a decision
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) identifying common effective and potential problems in relation to intergovernmental agreements and non- binding instruments and considering appropriate action to address those problems and, where appropriate, proposing corrective or preventive solutions;
Amendment 224 #
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 to those established pursuant to Article 7 a, which, if applied, would significantly improve compliance of future intergovernmental agreements and non-binding instruments with Union law;