29 Amendments of Vladimir URUTCHEV related to 2016/0031(COD)
Amendment 46 #
Proposal for a decision
Recital 6
Recital 6
(6) During the negotiations of an intergovernmental agreement, the Commission should have the possibility to advicese the Member State(s) concerned 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 theof the Member State(s) concerned to the relevant Union’s energy policy objectives and the principle of solidarity between Member States and Union policy positions adopted in Council or European Council conclusions.
Amendment 59 #
Proposal for a decision
Recital 10
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 Unionconcern the purchase, trade, transit, sale, storage or supply of energy in or to at least one Member State, or the construction or operation of energy infrastructure with a physical connection to at least one Member State. 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 In principle, agreements that are no longer in force or are no longer applied do not have an impact on the internal energy market or on the security of energy supply in the Union and should therefore not be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.
Amendment 64 #
Proposal for a decision
Recital 10 a (new)
Recital 10 a (new)
(10a) The legally binding force of an instrument, or of parts thereof, not its formal designation, qualifies it as an intergovernmental agreement or, in the absence of legally binding force, as a non- binding instrument for the purposes of this Decision.
Amendment 65 #
(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 in, which are often formally designated by terms such as memorandum of understanding, joint declaration, ministernial 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 accordingjoint declaration, joint action or joint code of conduct. Even if not legally binding, such instruments can be used to set out a detailed framework for energy infrastructure and energy supply.
Amendment 71 #
Proposal for a decision
Recital 11 a (new)
Recital 11 a (new)
Amendment 73 #
Proposal for a decision
Recital 12
Recital 12
(12) Intergovernmental agreements or non-binding instruments which need to be notified in their entirety to the Commission on the basis of other Union acts or concern matters such as within the purview of the Treaty establishing the European Atomic Energy Community should not be covered by this Decision.
Amendment 85 #
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, in cooperation with Member States, and 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, as well as a list of examples of clauses that do not respect Union law and should therefore not be used. 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.
Amendment 90 #
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 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.
Amendment 96 #
Proposal for a decision
Recital 19
Recital 19
(19) Since the objective of this Decision, namely the exchange of information between Member States and the Commission with regard to intergovernmental agreements and non- binding instruments in the field of energy, cannot be sufficiently achieved by the Member States but can rather, by reason of the effects of this Decision, applicable in all Member States, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Decision does not go beyond what is necessary in order to achieve this objective.
Amendment 102 #
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 optimisestrengthen the functioning of the internal energy market.
Amendment 103 #
Proposal for a decision
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Decision shall not apply to intergovernmental agreements and non- binding instruments which are already, in their entirety, subject to other specific notification procedures under Union law.
Amendment 106 #
Proposal for a decision
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘intergovernmental agreement’ means any legally binding agreement, regardless of its form or designation, between one or more Member States and one or more third countries thaving an impact on the operation or the functioning of the internal energy market or on the security of energy supply in the Union; ht concerns the purchase, trade, sale, transit, storage or supply of energy in or to at least one Member State, or the construction or operation of energy infrastructure with a physical connection to at least one Member State. However, where such a legally binding agreement also covers other issues, only those provisions that related to the above-mentioned energy, includingssues and the general provisions applicable to those energy-related provisions, are deemed to constitute an ‘'intergovernmental agreement’';
Amendment 124 #
Proposal for a decision
Article 3 – paragraph 3 – subparagraph 2
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 Unionany of the elements listed in point 1 of Article 2(1).
Amendment 167 #
Proposal for a decision
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
Amendment 171 #
Proposal for a decision
Article 6 – paragraph 1 – subparagraph 2
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 Unionany of the elements enlisted in point 1 of Article 2(1).
Amendment 182 #
Proposal for a decision
Article 7
Article 7
Amendment 184 #
Proposal for a decision
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 185 #
Proposal for a decision
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Amendment 191 #
Proposal for a decision
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Amendment 193 #
Proposal for a decision
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Amendment 197 #
Proposal for a decision
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 205 #
Proposal for a decision
Article 8 – paragraph 1 – subparagraph 1
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 76(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.
Amendment 209 #
Proposal for a decision
Article 8 – paragraph 3 – subparagraph 1
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.
Amendment 210 #
Proposal for a decision
Article 8 – paragraph 3 – subparagraph 2 – introductory part
Article 8 – paragraph 3 – subparagraph 2 – introductory part
That summary shall contain at least the following information regarding the intergovernmental agreement, non-binding instrument or amendment in question:
Amendment 219 #
Proposal for a decision
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) reviewing developments in relation to intergovernmental agreements and non- binding instruments and striving for consistency and coherence in the Union’s external energy relations with producer, transit, and consumer countries;
Amendment 225 #
Proposal for a decision
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) on the basis of best practices and in consultation with Member States, developing optional model clauses, which, if applied, would significantly improve compliance of future intergovernmental agreements and non-binding instruments with Union law;
Amendment 227 #
Proposal for a decision
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) supporting, where appropriate, the development of multilateral intergovernmental agreements or non- binding instruments involving several Member States or the Union as a whole.
Amendment 228 #
Proposal for a decision
Article 10 – paragraph 1
Article 10 – paragraph 1
1. By 1 January 2020 at the latest... [two years after the date of entry into force of this Decision], the Commission shall submit a report on the application of this Decision to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
Amendment 230 #
Proposal for a decision
Article 10 – paragraph 2
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 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.