BETA

Activities of Notis MARIAS related to 2016/0031(COD)

Plenary speeches (2)

2016/11/22
Dossiers: 2016/0031(COD)

2016/11/22
Dossiers: 2016/0031(COD)

Amendments (47)

Proposal for a decision
Recital 4

(4) However, Decision No 994/2012/EU proved ineffective in terms of ensuring compliance of intergovernmental agreements with Union law. 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 demonstrated 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.deleted

2016/07/18
Committee: INTA

Proposal for a decision
Recital 4 a (new)

(4a) Decision 994/2012/EU was not aimed at amending the intergovernmental agreements regarding the purchase of natural gas.

2016/07/18
Committee: INTA

Proposal for a decision
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. Member States should have the possibility to invite the Commission to participate in the negotiations as an observer.deleted

2016/07/18
Committee: INTA

Proposal for a decision
Recital 5 a (new)

(5a) External policy is the responsibility of the Member States and the Commission is therefore not empowered to intervene in intergovernmental agreements concluded by Member States with third countries.

2016/07/18
Committee: INTA

Proposal for a decision
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 could 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 conclusions.

2016/07/18
Committee: INTA

Proposal for a decision
Recital 7

(7) ~~In order to ensure compliance with Union law, 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.

2016/07/18
Committee: INTA

Proposal for a decision
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 incompatibility, Member States should take all necessary steps to find a suitable solution to eliminate the incompatibility identified.deleted

2016/07/18
Committee: INTA

Proposal for a decision
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 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.deleted

2016/07/18
Committee: INTA

Proposal for a decision
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 post, also the respective non-binding instruments. The Commission should assess the submitted non-binding instruments and, if appropriate, inform the Member State accordingly.

2016/07/18
Committee: INTA

Proposal for a decision
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.deleted

2016/07/18
Committee: INTA

Proposal for a decision
Recital 16

(16) A ~~permanent~~n 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 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.

2016/07/18
Committee: INTA

Proposal for a decision
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 problems identified in the area of intergovernmental agreements.

2016/07/18
Committee: INTA

Proposal for a decision
Article 3 – paragraph 1 – subparagraph 1

When a Member State intends to enter into negotiations with a third country in order to amend an existing intergovernmental agreement or to conclude a new intergovernmental agreement, the Member State shall inform the Commission in writing of its intention ~~at the earliest possible moment before the envisaged opening of the negotiations~~.

2016/07/18
Committee: INTA

Proposal for a decision
Article 3 – paragraph 1 – subparagraph 2

~~Where the Member State gives the Commission such notice of negotiations, the Member State concerned should keep the Commission regularly informed of the progress of the negotiations.~~deleted

2016/07/18
Committee: INTA

Proposal for a decision
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 or an amendment to an existing intergovernmental agreement, but before the closure of formal negotiations, the Member State concerned shall notify to the Commission this draft agreement or amendment together with any annexes thereto for ex-ante assessment in accordance with Article 5.deleted

2016/07/18
Committee: INTA

Proposal for a decision
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 impact on the functioning of the internal energy market or on the security of energy supply in the Union.deleted

2016/07/18
Committee: INTA

Proposal for a decision
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 intergovernmental agreement or the amendment, including any annexes thereto, to the Commission.deleted

2016/07/18
Committee: INTA

Proposal for a decision
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 impact on the functioning of the internal energy market or on the security of energy supply in the Union.deleted

2016/07/18
Committee: INTA

Proposal for a decision
Article 3 – paragraph 4

~~4. The obligation to notify to the Commission according to this paragraph does not apply in respect of agreements between undertakings.~~deleted

2016/07/18
Committee: INTA

Proposal for a decision
Article 5 – paragraph 1

1. The Commission shall, within six weeks of the date of notification of the complete draft intergovernmental agreement or amendment, including annexes thereto, pursuant to Article 3(2), inform the Member State concerned of any doubts it may have as to the compatibility of the draft intergovernmental agreement or amendment with Union law, in particular with internal energy market legislation and Union competition law. In the absence of a response from the Commission within that period, the Commission shall be deemed not to have any such doubts.deleted

2016/07/18
Committee: INTA

Proposal for a decision
Article 5 – paragraph 2

2. Where the Commission informs the Member State concerned pursuant to paragraph 1 that it has doubts, it shall inform the Member State concerned of its opinion on the compatibility with Union law, in particular with internal energy market legislation and Union competition law, of the draft intergovernmental agreement or amendment concerned within 12 weeks of the date of notification referred to in paragraph 1. In the absence of an opinion from the Commission within that period, the Commission shall be deemed not to have raised any objections.deleted

2016/07/18
Committee: INTA

Proposal for a decision
Article 5 – paragraph 3

3. With the approval of the Member State concerned, the periods referred to in paragraphs 1 and 2 may be extended. The periods referred to in paragraphs 1 and 2 shall be shortened in agreement with the Commission if circumstances so warrant.deleted

2016/07/18
Committee: INTA

Proposal for a decision
Article 5 – paragraph 4 – subparagraph 1

The Member State shall not sign, ratify or agree to the draft intergovernmental agreement or amendment to an existing intergovernmental agreement until the Commission has informed the Member State of any doubts, in accordance with paragraph 1, or, where applicable, has issued its opinion in accordance with paragraph 2, or, in the absence of a response or opinion from the Commission, until the periods referred to in paragraphs 1 or, where applicable, 2, have elapsed.deleted

2016/07/18
Committee: INTA

Proposal for a decision
Article 5 – paragraph 4 – subparagraph 2

When signing, ratifying or agreeing to an intergovernmental agreement or amendment, the Member State concerned ~~shall take utmost~~may take account of the Commission’s opinion ~~referred to in paragraph 2~~.

2016/07/18
Committee: INTA

Proposal for a decision
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 all existing intergovernmental agreements, including annexes and amendments thereto.deleted

2016/07/18
Committee: INTA

Proposal for a decision
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 impact on the functioning of the internal energy market or on the security of energy supply in the Union.deleted

2016/07/18
Committee: INTA

Proposal for a decision
Article 6 – paragraph 1 – subparagraph 3

~~The obligation to notify to the Commission according to this paragraph does not apply in respect of agreements between undertakings.~~deleted

2016/07/18
Committee: INTA

Proposal for a decision
Article 6 – paragraph 2

2. Existing intergovernmental agreements which have already been notified to the Commission in accordance with Article 3(1) or (5) of Decision No 994/2012/EU, or point (a) of Article 13(6) of Regulation (EU) No 994/2010 at the date of entry into force of this Decision shall be considered as having been notified for the purposes of paragraph 1 of this Article, provided that the notification meets the requirements of that paragraph.deleted

2016/07/18
Committee: INTA

Proposal for a decision
Article 6 – paragraph 3

3. The Commission shall assess intergovernmental agreements notified in accordance with paragraph 1 or 2. Where, following its first assessment, the Commission has doubts as to the compatibility of those agreements with Union law, in particular with internal energy market legislation and Union competition law, the Commission shall inform the Member States concerned accordingly within nine months of the notification of those agreements.deleted

2016/07/18
Committee: INTA

Proposal for a decision
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 non-binding instrument or the amendment, including any annexes thereto, to the Commission.deleted

2016/07/18
Committee: INTA

Proposal for a decision
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 impact on the functioning of the internal energy market or on the security of energy supply in the Union.deleted

2016/07/18
Committee: INTA

Proposal for a decision
Article 7 – paragraph 2

2. By [3 months following the entry into force of this Decision] at the latest Member States shall notify to the Commission all existing non-binding instruments, including annexes and amendments thereto. 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 impact on the functioning of the internal energy market or on the security of energy supply in the Union.deleted

2016/07/18
Committee: INTA

Proposal for a decision
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 all existing non-binding instruments, including annexes and amendments thereto.~~deleted

2016/07/18
Committee: INTA

Proposal for a decision
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 impact on the functioning of the internal energy market or on the security of energy supply in the Union.deleted

2016/07/18
Committee: INTA

Proposal for a decision
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 between undertakings.~~deleted

2016/07/18
Committee: INTA

Proposal for a decision
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.deleted

2016/07/18
Committee: INTA

Proposal for a decision
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 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.

2016/07/18
Committee: INTA

Proposal for a decision
Article 8 – paragraph 3 – subparagraph 1

Where a Member State has identified as confidential in accordance with paragraph 1 an existing intergovernmental agreement, an amendment to an existing intergovernmental agreement, a new intergovernmental agreement, an existing non-binding instrument, an amendment to an existing non-binding instrument or a new non-binding instrument, that Member State shall make available a summary of the information submitted.deleted

2016/07/18
Committee: INTA

Proposal for a decision
Article 8 – paragraph 3 – subparagraph 2

That summary shall contain at least the following information regarding the intergovernmental agreement, non- binding instrument or amendment in question: (a) (b) (c) (d) (e) This paragraph shall not apply to information submitted in accordance with Article 3(1) and (2)deleted the subject matter; the aim and the scope; the duration; the parties; information on the main elements.

2016/07/18
Committee: INTA

Proposal for a decision
Article 8 – paragraph 3 – subparagraph 2 – point a

~~(a) the subject matter;~~deleted

2016/07/18
Committee: INTA

Proposal for a decision
Article 8 – paragraph 3 – subparagraph 2 – point b

~~(b) the aim and the scope;~~deleted

2016/07/18
Committee: INTA

Proposal for a decision
Article 8 – paragraph 3 – subparagraph 2 – point c

~~(c) the duration;~~deleted

2016/07/18
Committee: INTA

Proposal for a decision
Article 8 – paragraph 3 – subparagraph 2 – point d

~~(d) the parties;~~deleted

2016/07/18
Committee: INTA

Proposal for a decision
Article 8 – paragraph 3 – subparagraph 2 – point e

~~(e) information on the main elements. This paragraph shall not apply to information submitted in accordance with Article 3(1) and (2).~~deleted

2016/07/18
Committee: INTA

Proposal for a decision
Article 8 – paragraph 3 – subparagraph 2 – point e – paragraph 1

~~information on the main elements.~~deleted

2016/07/18
Committee: INTA

Proposal for a decision
Article 8 – paragraph 3 – subparagraph 2 – point e – paragraph 2

~~This paragraph shall not apply to information submitted in accordance with Article 3(1) and (2).~~deleted

2016/07/18
Committee: INTA

Proposal for a decision
Article 10 – paragraph 2

2. The report shall~~, in particular, assess the extent to which this Decision promotes compliance of intergovernmental agreements and non- binding instruments with Union law and a high~~ assess the level of coordination between Member States with regard to intergovernmental agreements and non- binding instruments. ~~It shall also assess the impact that this Decision has on Member States’ negotiations with third countries and whether the scope of this Decision and the procedures it lays down are appropriate.~~

2016/07/18
Committee: INTA