20 Amendments of Yannick JADOT related to 2011/0238(COD)
Amendment 18 #
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
1. 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 the Member State concerned ask for such an ex-ante assessmentMember States shall submit negotiated but not yet signed draft intergovernmental agreements to the Commission for examination. The Commission shall, by four months after submission at the latest, assess the compatibility of the negotiated intergovernmental agreement with Union law, the negotiated but not yet signed draft intergovernmental agreement shall be submitted to the Commission for examinationespecially concerning competition law and internal energy market legislation, as well as with the Union’s long-term energy and climate objectives. The Member State concerned shall refrain from signing the agreement for a period of four monin this following the submission of the draft intergovernmental agreementexamination period. In agreement with the Member State concerned, the examination period might be prolonged. When a compatibility control has been requested, iIn the absence of an opinion by the Commission within the examination period, the Commission shall be deemed not to have raised objections.
Amendment 20 #
Proposal for a decision
Citation 1
Citation 1
Having regard to the Treaty establishing the European Atomic Energy Community (Euratom) and to the Treaty on the Functioning of the European Union, and in particular Article 194 thereof,
Amendment 24 #
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. 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 energywith the Union's long-term energy and climate objectives, and effectively secure the supply of energy while avoiding the build-up of surplus capacity and therefore ensuring economic efficiency, sustainability and fair consumer prices.
Amendment 31 #
Proposal for a decision
Recital 4
Recital 4
(4) The new information exchange mechanism should only cover intergovernmental agreements which are likley tomay 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 32 #
Proposal for a decision
Recital 4 a (new)
Recital 4 a (new)
(4a) The Commission should ensure that the interests of European consumers are respected by insisting on compatibility of Intergovernmental Agreements in the field of energy with Union law, especially with the provisions relating to the internal energy market and Third Party Access.
Amendment 33 #
Proposal for a decision
Recital 4 b (new)
Recital 4 b (new)
Amendment 34 #
Proposal for a decision
Recital 5
Recital 5
(5) Intergovernmental agreements which need to be notified in their entirety to the Commission on the basis of other Union acts such as [Regulation (EU) No …/… of the European Parliament and of the Council of … establishing transitional arrangements for bilateral investment agreements between Member States and third countries] should be excluded from the information exchange mechanism established by this Decision. The Commission should, however, undertake a screening of such bilateral investment agreements between Member States and third countries regarding specific energy provision contained therein, which have relevance to the scope of this Decision, and should submit a report to the European Parliament and the Council.
Amendment 45 #
Proposal for a decision
Recital 10
Recital 10
(10) The Commission should, on its own initiative or on request from the Member State which has negotiated the intergovernmental assess the compatibility of the negotiated agreement with Union law and with the Union's long-term energy and climate objectives before the agreement, have the right to assess the compatibility of the negotiated agreement with Union law before the agreement has been signeds been signed, and should issue an opinion regarding the needs for re-negotiation resulting from requirements of Union law, which the concerned Member State should duly take into account. Where the Member State does not take due account of the opinion, the Commission should launch infringement proceedings.
Amendment 56 #
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 order to strive for consistent external actions in the field of energy, ensure coherence with Union law, and achieve the level of security of supply envisaged by the Union's long-term energy and climate objectives, including those described in the 2050 roadmaps.
Amendment 64 #
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 tomay have an impact on the operation or the functioning of the internal market for energy or on the security of energy supply in the Union;
Amendment 80 #
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 but in no case later than 3 months 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 the negotiationsThe Commission shall have the right to participate in the negotiations as an observer and give legal advice at the request of the Member State concerned.
Amendment 97 #
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 104 #
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 111 #
Proposal for a decision
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Where the assessment of a draft Intergovernmental Agreement results in a negative opinion, the Commission shall provide possible solutions or specify the needs of re-negotiation, which shall be taken duly into account by the Member State concerned.
Amendment 112 #
Proposal for a decision
Article 5 a (new)
Article 5 a (new)
Article 5a Coherence between energy and investment agreements The European Commission has to ensure that energy agreements containing investment provisions are consistent with Union law on bilateral investment agreements and Union investment policy, including the resulting rights of scrutiny and opinion of the European Parliament. The Commission shall report to the European Parliament and the Council regarding those specific energy provisions which are relevant for the purpose of this Decision.
Amendment 116 #
Proposal for a decision
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) on the basis of best practice, develop standard clauses the use of which would ensure full compliance of future intergovernmental agreements with Union energy legislation and the level of security of energy supply envisaged in the Union's long-term energy and climate objectives.
Amendment 119 #
Proposal for a decision
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
Amendment 124 #
Proposal for a decision
Article 7 – paragraph 1
Article 7 – paragraph 1
When providing information to the Commission in accordance with Article 3, the Member State may indicate whether any part of the information, in particular commercial information,commercial information contained therein is to be regarded as confidential and whether the information provided can be shared with other Member States. The Commission shall respect these indications. Requests for confidentiality do not restrict access of the Commission itself to confidential information. All Member States shall receive summaries of the provisions that include information regarded as partially confidential.
Amendment 126 #
Proposal for a decision
Article 8 – title
Article 8 – title
Reporting and Review
Amendment 129 #
Proposal for a decision
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The Commission shall report annually to the European Parliament on the information received pursuant to Article 3 and shall provide the European Parliament with a comprehensive evaluation within 24 months after the entry into force of this Decision.