8 Amendments of Pilar DEL CASTILLO VERA related to 2011/0238(COD)
Amendment 25 #
Proposal for a decision
Recital 3
Recital 3
(3) The proper functioning of the internal energy market requires that the energy imported into the Union from third countries, is fully governed by the rules establishing an internal energy market. An internal energy market that is not functioning properly puts the EU in a vulnerable position with regard to security of energy supply and would undermine any of its potential benefits to European industry and consumers. A high degree of transparency with regard to agreements between Member States and third countries in the field of energy would allow the Union to take coordinated action, in a spirit of solidarity, in order to ensure that such agreements are in accordance with Union legislation and effectively secure the supply of energy.
Amendment 27 #
Proposal for a decision
Recital 4
Recital 4
(4) The new information exchange mechanism should only cover intergovernmental agreements which are likley 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. For the purpose of this Decision, agreements between Member States and publicly owned commercial entities in third countries should also be considered "intergovernmental agreements".
Amendment 60 #
Proposal for a decision
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘'intergovernmental agreements’' means any legally binding agreements between Member States and third countries which are likely to have an impact on the operationin the field of energy. For the purpose orf the functioning of the internal market for energy or on the security of energy supply in the Unionis Decision, agreements between Member States and publicly owned commercial entities in third countries shall also be considered "intergovernmental agreements";
Amendment 69 #
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. The Commission shall make the received documents accessible in electronic form to all other Member State, with the exception of confidential parts identified according to Article 7, accessible in electronic form to all other Member States. In the event of incompatibility of the submitted intergovernmental agreements with Union law, the Commission shall launch infringement proceedings. 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 79 #
Proposal for a decision
Article 3 – paragraph 2
Article 3 – paragraph 2
2. 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. The information provided to the Commission shall include the relevant documentation, an indication of the provisions to be addressed in the negotiations, the objectives of 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 theMember State concerned shall keep the Commission informed regularly of the ongoing negotiations.
Amendment 87 #
Proposal for a decision
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Member States shall submit already negotiated but not yet signed intergovernmental agreements, including annexes thereto and other texts to which they refer explicitly, to the Commission after closure of the negotiations.
Amendment 96 #
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
When a Member State informs the Commission pursuant to Article 3(2) of its intention to enter into negotiations in order to amend an existing intergovernmental agreement or to conclude a new intergovernmental agreement, the Member State mayCommission, on its own initiative or on request of the assistance of the Commission in the negotiations with the third countryMember State, may participate as an observer in the negotiations with the third country and provide legal advice on how to reach an intergovernmental agreement in full compliance with Union law.
Amendment 109 #
Proposal for a decision
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Where the Commission identifies incompatibility between the negotiated agreement and Union law, the Member State should eliminate the incompatibility identified. If the Member State signs the agreement without having eliminated the incompatibility, the Commission may launch infringements proceedings.