11 Amendments of Ivo BELET related to 2011/0238(COD)
Amendment 22 #
Proposal for a decision
Recital 4
Recital 4
(4) The new information exchange mechanism should only cover intergovernmental agreements which are liklely to have an impact on the internal market for energy or on the security of energy supply as these two issues are intrinsically linked. It should comprise in particular all intergovernmental agreements which have an impact on the supply of gas, oil or electricity through fixed infrastructure or which have an impact on the amount of energy imported into the Union from third countries.
Amendment 23 #
(7) This Decision should not concern agreements between commercial entities, except and only as far as the intergovernmental agreements refer explicitly to such commercial agreements. Commercial operators negotiating commercial agreements with operators from third countries may nevertheless seek guidance from the Commission in order to avoid potential conflicts with Union law.
Amendment 25 #
Proposal for a decision
Recital 9
Recital 9
(9) Member States should already notify the intention to opCommission when negotciations to the Commission with regard toon a new intergovernmental agreements or amendments to existing intergovernmental agreements have been started. The Commission should be kept informed regularly on the ongoing negotiations. It should have the rightMember States may invite the Commission to participate as an observer in the negotiations. Member States may also request the Commission to assist them during their negotiations with third countries.
Amendment 26 #
Proposal for a decision
Recital 10
Recital 10
(10) The Commission should, on its own initiative ormay on request from the Member State which has negotiated the intergovernmental agreement, hagive the right to assessan assessment of the compatibility of the negotiated agreement with Union law and inform that Member State of its position before the agreement has been signed.
Amendment 30 #
(13) A permanent exchange of information on intergovernmental agreements at Union level should allow to develop best practices. On the basis of those best practices the Commission should recommend standard clausedevelop models for the use in intergovernmental agreements between Member States and third countries. The use of these non- binding standard clausemodels should exclude conflicts of intergovernmental agreements with Union law.
Amendment 33 #
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 in the field of energy as defined in Article 2.
Amendment 34 #
Proposal for a decision
Article 3 - paragraph 1
Article 3 - paragraph 1
1. Member States shall submit all existing and provisionally applied intergovernmental agreements between them and third countries in their entirety, including their annexes and other texts they refer to explicitly and all amendments thereto to the Commission at the latest three months after the entry into force of this Decision. Tto the Commission at the latest three months after the entry into force of this Decision all intergovernmental agreements between them and third countries that entered into force after 13 July 2009, including their annexes and all amendments thereto, as well as other texts they refer to explicitly insofar as these other texts contain elements which have an operational impact on the functioning of the internal energy market or the security of energy supply. Member States may make available summaries of the information submitted. According to the instructions of the Member State concerned, the Commission shall make the received documents accessible in electronic form to all other Member States. Existing or provisionally applied intergovernmental agreements which have already been communicated in accordance with Regulation (EU) No 994/2010 to the Commission at the date of entry into force of this Decision, which are fulfilling the requirements of this paragraph, shall be considered as communicated for the purposes of this Decision.
Amendment 36 #
Proposal for a decision
Article 3 - paragraph 2
Article 3 - paragraph 2
2. When a Member State intends to enter intothe negotiations with a third country in order to amend an existing intergovernmental agreement have been started 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. The information provided to the Commission shall include the relevant documentation, an indication of the provisions to be addressed in the negotiations, the objectives ofthe objectives of the negotiations, the provisions to be addressed in the negotiations and other relevant information. In case of amendments to an existing agreement, the provisions that are to be renegotiated shall be indicated in the information provided to the Commission. The Commission shall make the received information accessible to all Member States in electronic form. The Member State concerned shall keep the Commission informed regularly of the ongoing negotiations. On request of the Commission or the Member State concerned, the Commission may participate as an observer in the negotiations.
Amendment 38 #
Proposal for a decision
Article 3 - paragraph 3
Article 3 - paragraph 3
3. Upon ratification of an intergovernmental agreement or of an amendment to an intergovernmental agreement, the Member State concerned shall submit to the Commission the agreement or the amendment of the agreement, including their annexes and other texts these agreements or amendments refer to explicitly, to the Commission which insofar as these other texts contain elements which have an operational impact on the functioning of the internal energy market or the security of energy supply. Member States may make available summaries of the information submitted. According to the instructions of the Member State concerned, the Commission shall make the received documents, with the exception of confidential parts identified according to Article 7, accessible to all other Member States in electronic form.
Amendment 39 #
Proposal for a decision
Article 5
Article 5
The Commission may on its own initiative until four weeks after it has been informed of the closure of the negotiations at the latest or on request from the Member State which has negotiated the intergovernmental agreement, assess the compatibility of the negotiated agreement with Union law before the agreement has been signed. In case the Commission or thnotified in accordance to Article 3(2) inform the Member State concerned on its opinion concerning the compatibility of the negotiated agreement with Union law. In case Member State concerned asks for such an ex-ante assessment of the negotiated intergovernmental agreement with Union law, the negotiated but not yet signed draft intergovernmental agreement shall be submitted to the Commission for examination. The Member State concerned shall refrain from signing the agreement for a period of fourtwo months following the submission of the draft intergovernmental agreement. In agreement with the Member State concerned, the examination period might be prolonged. When a compatibility control has been requested, i with two months. In the absence of an opinionassessment by the Commission within the examination period, the Commission shall be deemed not to have raised objections.
Amendment 43 #
Proposal for a decision
Article 6 - paragraph 1 (c)
Article 6 - paragraph 1 (c)
1. (c) on the basis of best practice, develop standard clausenon-binding models the use of which would ensure full compliance of future intergovernmental agreements with Union energy legislation.