18 Amendments of Morten PETERSEN related to 2016/0031(COD)
Amendment 36 #
Proposal for a decision
Recital 5
Recital 5
(5) In order to avoid any incompliance with Union law and 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 of the progress of the negotiations. The Commission should participate in the negotiations as an observer if it considers this to be necessary in light of the functioning of the internal energy market or the security of energy supply in the Union, it should participate in the negotiations as an observer. Member States should, in any case, have the possibility to invite the Commission to participate in the negotiations as an observer.
Amendment 43 #
Proposal for a decision
Recital 6
Recital 6
(6) During the negotiations the Commission should have the possibility to advicse on how to avoid incompatibilityensure compliance with Union law. In particular, the Commission cshould develop, together with Member States, optional model clauses or 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 conclusionsSuch model clauses or guidelines should serve as a tool of reference for the competent authorities and increase transparency and compliance with Union law.
Amendment 49 #
Proposal for a decision
Recital 7
Recital 7
(7) In order to ensure compliance with Union law, Member States should notify the draft intergovernmental agreement to the Commission as early as possible 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 sSuch an assessment should not prejudice the substance or content of intergovernmental agreements, but should ensure that they comply with Union law. In the event of incompatibility, Member Stateps toshould find a suitable solution to eliminate the incompatibility identified.
Amendment 57 #
Proposal for a decision
Recital 9
Recital 9
(9) The Commission should assess the compatibility with Union law of intergovernmental agreements with Union law that entered into force or are applied provisionally prior to the entry into force of this Decision and inform the Member States accordingly. Such an assessment should not in any way prejudice the substance and content of agreements, but ensure they are compliant with Union law. In the event of incompatibility, Member States should take all necessary steps to find a suitable solution to eliminate the incompatibility identified.
Amendment 61 #
Proposal for a decision
Recital 10
Recital 10
(10) This Decision should only apply to intergovernmental agreements that have an potential impact on the internal energy market or the security of energy supply in the Union. In case of doubt, Member States should consult the Commission as soon as possible. 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 68 #
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 assess the compliance of the submitted non-binding instruments and, if appropriate, inform the Member State accordinglywith Union law. In the event of incompatibility, Member States should find a suitable solution to eliminate the incompatibility identified.
Amendment 74 #
Proposal for a decision
Recital 13
Recital 13
(13) This Decision should not create obligations as regards agreements between undertakings. However, Member States should be free to communicate to the Commission, on a voluntary basis and upon consent of the undertakings involved, such agreements that are referred to explicitly in intergovernmental agreements or non- binding instruments, while fully respecting commercially sensitive information.
Amendment 78 #
Proposal for a decision
Recital 14
Recital 14
(14) The Commission should make information it receives on intergovernmental agreements and non- binding instruments available to all other Member States in secure electronic form in order to enhance coordination and transparency between Member States and thus leveraging their negotiation power vis-à-vis third countries. 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 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 84 #
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 to be used in intergovernmental agreements between Member States and third countries. The use of such model clauses should aim to avoid conflictsensure the compliance 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 88 #
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 betterenhance transparency and 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 problems identified in the area of intergovernmental agreements. Enhanced transparency and coordination is especially important for Member States relying on the interconnections with a Member State negotiating an intergovernmental agreement. Such improved coordination should enable Member States to benefit fully from the political and economic weight of the Union, increase their negotiation power vis-à-vis third countries and enable the Commission to ensure security of energy supply in the Union.
Amendment 93 #
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 in the field of energy through a strong and effective coordinated approach to producer, transit, and consumer countries.
Amendment 107 #
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 having an potential 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 135 #
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 mayshall provide it with advice on how to avoid the incompatibilityensure compliance 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 142 #
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 participateIf deemed necessary by the Commission in view of the functioning of the internal energy market or the security of energy supply in the Union, it shall participate in the negotiations as an observer. A Member State concerned may also voluntarily request the assistance of the Commission in the negotiations as an observer.
Amendment 149 #
Proposal for a decision
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Where the Commission participates in the negotiations as an observer, it mayshall provide the Member State concerned with advice on how to avoid the incompatibility of the intergovernmental agreement or amendment under negotiation with Union law.
Amendment 189 #
Proposal for a decision
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Amendment 199 #
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 mayshall, within six weeks, inform the Member State concerned accordingly.
Amendment 201 #
Proposal for a decision
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. When signing, ratifying or agreeing to a non-binding instrument, or an amendment to a non-binding instrument, the Member State concerned shall take utmost account of the Commission's opinion.