13 Amendments of Klaus BUCHNER related to 2016/0031(COD)
Amendment 15 #
Proposal for a decision
Recital 7
Recital 7
(7) In order to ensure compliance with Union law and the objectives of the Energy Union Strategy, 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 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 the incompatibility identified.
Amendment 19 #
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 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 postante, also the respective non-binding instruments. The Commission should be able to decide to assess the submitted non- binding instruments and, if appropriate, inform the Member State accordingly.
Amendment 21 #
Proposal for a decision
Recital 13
Recital 13
(13) This Decision should not create obligations as regards agreements solely between undertakings. However, Member States should be free to communicate to the Commission, on a voluntary basis, such agreements that are referred to explicitly in intergovernmental agreements or non- binding instruments.
Amendment 25 #
Proposal for a decision
Recital 15
Recital 15
(15) If a Member State considers an intergovernmental agreement to be confidential, it should additionally provide the Commission with a summary of it for the purposes of sharing that summary with the other Member States.
Amendment 31 #
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Decision establishes a mechanism for the exchange of 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 and to help achieve the goals of the Energy Union Strategy.
Amendment 32 #
Proposal for a decision
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘intergovernmental agreement’ means any legally binding agreement between one or more Member States and one or more third countries or regional organisations, and between one or more Member States and one or more companies in which a participating third- country is a major stakeholder or holds a decision-making power, having an impact on the operation or the functioning of the internal energy market or on the security of energy supply in the Union; however, where such a legally binding agreement also covers other issues, only those provisions that relate to energy, including general provisions applicable to those energy-related provisions, are deemed to constitute an ‘intergovernmental agreement’;
Amendment 33 #
Proposal for a decision
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘non-binding instrument’ means a legally non-binding arrangement between one or more Member States and one or more third countries or regional organisations, and between one or more Member States and one or more companies in which a participating third- country is a major stakeholder or holds a decision-making power, such as a memorandum of understanding, joint declaration, ministerial joint declaration, joint action or joint code of conduct, which contains interpretation of Union law, sets the conditions for energy supply (such as volumes and prices) or the development of energy infrastructures;
Amendment 41 #
Proposal for a decision
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The obligation to notify to the Commission according to paragraphs 2 and 3 does not apply in respect of agreements solely between undertakings.
Amendment 48 #
Proposal for a decision
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
Amendment 53 #
Proposal for a decision
Article 6 – paragraph 1 – subparagraph 3
Article 6 – paragraph 1 – subparagraph 3
The obligation to notify to the Commission according to this paragraph does not apply in respect of agreements solely between undertakings.
Amendment 57 #
Proposal for a decision
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Amendment 63 #
Proposal for a decision
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The obligation to notify to the Commission according to paragraphs 1 and 2 does not apply in respect of agreements solely between undertakings.
Amendment 65 #
Proposal for a decision
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Where, following its first assessment, the Commission considers that the measures implementing the non- binding instrument notified to it under paragraphs 1 and 2 could conflict with Union law, in particular with internal energy market legislation and Union competition law, the Commission may inform the Member State concerned accordingly, within six weeks of notification. Within that period, Member States shall refrain from signing or otherwise concluding the non-binding instrument. While the Commission’s opinion is non-binding, the Member State should address the concerns of the Commission.