BETA

Activities of Lena KOLARSKA-BOBIŃSKA related to 2011/0238(COD)

Plenary speeches (1)

Intergovernmental agreements between Member States and third countries in the field of energy (debate)
2016/11/22
Dossiers: 2011/0238(COD)

Amendments (11)

Amendment 36 #
Proposal for a decision
Recital 7
(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 or when, exceptionally, an energy project which has an impact on the internal market for energy or on the security of energy supply lacks an intergovernmental agreement. 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.
2012/01/19
Committee: ITRE
Amendment 50 #
Proposal for a decision
Recital 12
(12) The Commission should make all received information available to all other Member States in secure electronic form. The Commission should respect requests from Member States to treat information, in particular commercial information, submitted as confidential. Requests for confidentiality should however not restrict access of the Commission itself to confidential information as the Commission needs to have comprehensive information for its own assessment. The requests for confidentiality are without prejudice to the right of access to documents as provided for in Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents.16
2012/01/19
Committee: ITRE
Amendment 63 #
Proposal for a decision
Article 2 – paragraph 1 – point 1
(1) ‘intergovernmental agreements’ means any legally binding agreements or memoranda of understanding between Member States and third countries which are likely to 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;
2012/01/19
Committee: ITRE
Amendment 65 #
Proposal for a decision
Article 2 – paragraph 1 – point 2 a (new)
(2a) 'commercial agreements' means any legally binding agreements between commercial entities on the development, operation or the functioning of energy infrastructure, supplies or services from a third country which are likely to 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.
2012/01/19
Committee: ITRE
Amendment 70 #
Proposal for a decision
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. Member States shall submit all official language versions of these agreements and in addition, a summary note of each agreement in the three working languages of the Commission. The Commission shall make the received documents accessible in secure 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.
2012/01/19
Committee: ITRE
Amendment 86 #
Proposal for a decision
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 secure 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.
2012/01/19
Committee: ITRE
Amendment 93 #
Proposal for a decision
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 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 shall make the received documents, with the exception of confidential parts identified according to Article 7, accessible to all other Member States in secure electronic form.
2012/01/19
Committee: ITRE
Amendment 94 #
Proposal for a decision
Article 3 a (new)
Article 3a Commercial Agreements and Memoranda of Understanding The Commission shall have the right to request access to an energy project's commercial agreement(s) and annexes or other documents and any memoranda of understanding from the commercial entities and Member States involved when an energy project starting or ending in a third country, which is likely to have an impact on the internal market for energy or on the security of energy supply, is not subject to an intergovernmental agreement. Upon such a request, the commercial entities or Member States involved shall have three months to submit the requested documents or a detailed explanation of why a project will not have an impact on the internal market for energy or on the security of energy supply. The Commission may accept this explanation or resubmit its request. Within 6 months following the submission of the requested documents, the Commission shall assess their compatibility with Union law, in particular with EU competition law and internal energy market legislation. Where a submitted commercial agreement or Memorandum of Understanding is not compatible with Union law, the commercial entities shall take all appropriate steps to eliminate the incompatibility identified. If the recommendations are not taken into account and serious doubts persist about the compatibility of a signed commercial agreement or Memorandum of Understanding, the Commission may request a Member State or Member States to consider launching legal proceedings against the signatories of the agreement or launch its own legal proceeding for which the treaties allow or in an appropriate international forum of which the Union is a member. The Commission shall not make the received documents accessible to all other Member States or other bodies and shall treat all documents received under this Article as confidential. Received documents shall be disclosed to appropriate respective authorities only in the case of a legal proceedings. Member States shall be informed that a request for documents under this Article has been made and whether a request is open, closed or has been withdrawn.
2012/01/19
Committee: ITRE
Amendment 120 #
Proposal for a decision
Article 6 – paragraph 1 – point c a (new)
(ca) encourage the development of multilateral intergovernmental agreements involving multiple Member States or the Union as a whole as opposed to national bilateral agreements with third countries.
2012/01/19
Committee: ITRE
Amendment 125 #
Proposal for a decision
Article 7 – paragraph 1 a (new)
Where a Member State requests that part of an agreement be regarded as confidential, the Commission shall delete that information from documents shared with Member States, providing information in the place of the deletion on what has been deleted.
2012/01/19
Committee: ITRE
Amendment 131 #
Proposal for a decision
Article 10 – paragraph 1
This Decision is addressed to the Member States and entities under Article 3a.
2012/01/19
Committee: ITRE