Activities of Indrek TARAND related to 2016/0031(COD)
Plenary speeches (1)
Information exchange mechanism with regard to intergovernmental agreements and non-binding instruments in the field of energy (debate) ET
Shadow reports (1)
REPORT on the proposal for a decision of the European Parliament and of the Council on establishing an information exchange mechanism with regard to intergovernmental agreements and non-binding instruments between Member States and third countries in the field of energy and repealing Decision No 994/2012/EU PDF (783 KB) DOC (125 KB)
Amendments (20)
Amendment 40 #
Proposal for a decision
Recital 5
Recital 5
(5) In order to avoid any incompliance with Union law and enhance transparency, Member States should inform the Commission of their intent to enter into negotiations with regard to new intergovernmental agreements or amendments to existing intergovernmental agreements as soon as possible. The Commission should be kept informed regularly of the progress of the negotiations. Member StatesThe Commission should also have the possibility to invite the Commission to participate in the negotiations as an observer.
Amendment 45 #
Proposal for a decision
Recital 6
Recital 6
(6) During the negotiations the Commission should have the possibility to advice 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 also develop a list of bad practices– a "blacklist" – that are not compatible with Union law or the objectives of the Energy Union Strategy that Member States should avoid when negotiating intergovernmental agreements. The Commission should have the possibility to draw attention to the 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 51 #
Proposal for a decision
Recital 7
Recital 7
(7) In order to ensure compliance with Union law and the objectives of the Energy Union Strategy, Member States should notify the draft intergovernmental agreement to the Commission before it becomes legally binding for the parties (ex- ante). In a spirit of cooperation, the Commission should support the Member State in identifying compliance issues of the draft intergovernmental agreement or amendment. The respective Member State would then be better prepared to conclude a Union law compliant agreement. The Commission should have sufficient time for such an assessment in order to provide for as much legal certainty as possible while avoiding undue delays. In order to fully benefit from the Commission's support Member States should refrain from concluding an intergovernmental agreement until the Commission has informed the Member State of its assessment. The Member States should take all necessary steps to find a suitable solution to eliminate the incompatibility identified and to ensure full compatibility with Union law and the objectives of the Energy Union Strategy.
Amendment 69 #
Proposal for a decision
Recital 11
Recital 11
(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 internal 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- ante, also the respective non-binding instruments. The Commission should be able to decide to assess the submitted non- binding instruments and, if appropriate, inform the Member State accordingly.
Amendment 72 #
Proposal for a decision
Recital 11 a (new)
Recital 11 a (new)
(11a) The legally binding force of an instrument or of parts thereof, not its formal designation, should determine whether it qualifies as an intergovernmental agreement or, in the absence of legally binding force, as a non- binding instrument for the purposes of this Decision.
Amendment 76 #
Proposal for a decision
Recital 13
Recital 13
(13) This Decision should not create obligations as regards agreements solely between undertakings. However, Member States should be free to communicate to the Commission, on a voluntary basis, such agreements that are referred to explicitly in intergovernmental agreements or non- binding instruments.
Amendment 86 #
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, 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. 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. The Commission should also develop a list of bad practices– a "blacklist" – that are not compatible with Union law or the objectives of the Energy Union Strategy and that Member States should avoid when negotiating intergovernmental agreements.
Amendment 99 #
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 optimise the functioning of the internal energy market and to help achieve the goals of the Energy Union Strategy.
Amendment 104 #
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 formal designation, between one or more Member States and one or more third countries, international organisations as well as companies where the state is the major stakeholder or the state has a major influence in the decision making process having an impact on the operation or the functioning of the internal energy market or on the security of energy supply in the Union; however, where such a legally binding agreement also covers other issues, only those provisions that relate to energy, including general provisions applicable to those energy- related provisions, are deemed to constitute an ‘intergovernmental agreement’;
Amendment 129 #
Proposal for a decision
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The obligation to notify to the Commission according to paragraphs 2 and 3 does not apply only in respect of agreements between undertakings.
Amendment 136 #
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a Member State gives the Commission notice of negotiations pursuant to Article 3(1), the Commission services may provide it with advice on how to avoid the incompatibility of the intergovernmental agreement or of the amendment to an existing intergovernmental agreement under negotiation with Union law. That Member State may also request the assistance of the Commission in those negotiations.
Amendment 141 #
Proposal for a decision
Article 4 – paragraph 2
Article 4 – paragraph 2
2. At the request of the Member State concerned, or at the request of the Commission and with the written approval of the Member State concerned, tThe Commission shall participate as an observer in the negotiations on intergovernmental agreements on energy supplies that are expected to cover at least 20% of the relevant Member State's demand for that energy source. The Commission representatives shall be present at the initial meeting of negotiating parties where the initial positions of the parties shall be announced as well as at the meeting where an agreement is expected to be reached by the parties on all the main elements of a draft intergovernmental agreement to be submitted for the Commission's ex-ante assessment. The Commission representatives shall be present in other meetings between the negotiating parties depending on necessity and availability. The Commission may also participate in the negotiations as an observer. as an observer in negotiations on other intergovernmental agreements that do not meet the requirements set out in the above at the request of the Member State concerned, or at the request of the Commission and with the written approval of the Member State concerned.
Amendment 147 #
Proposal for a decision
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Where the Commission participates in the negotiations as an observer, it may provide the Member State concerned with advice on how to avoid the incompatibility of the intergovernmental agreement or amendment under negotiation with Union law. and the objectives of the Energy Union Strategy, Commission representatives will handle sensitive information received during the negotiations with due confidentiality.
Amendment 152 #
1. The Commission shall, within six weeks of the date of notification of the complete draft intergovernmental agreement or amendment, including annexes thereto, pursuant to Article 3(2), inform the Member State concerned of any doubts it may have as to the compatibility of the draft intergovernmental agreement or amendment with Union law, in particular with internal energy market legislation and Union competition law and the objectives of the Energy Union Strategy. In the absence of a response from the Commission within that period, the Commission shall be deemed not to have any such doubts.
Amendment 163 #
Amendment 178 #
Proposal for a decision
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall assess intergovernmental agreements notified in accordance with paragraph 1 or 2. Where, following its first assessment, the Commission has doubts as to the compatibility of those agreements with Union law, in particular with internal energy market legislation and Union competition law, as well as with the objectives of the Energy Union Strategy, the Commission shall inform the Member States concerned accordingly within nine months of the notification of those agreements.
Amendment 188 #
Proposal for a decision
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Amendment 198 #
Proposal for a decision
Article 7 – paragraph 4
Article 7 – paragraph 4
4. WThere, following its first assessment, the Commission consider Commission may inform the Member State concerned about its doubts that the measures implementing the non- binding instrument notified to it under paragraphs 1 and 2 could conflict with Union law, in particular with internal energy market legislation and Union competition law, as well as with the objectives of the Energy Union Strategy. Member States shall refrain from signing or announcing a non-binding agreement until the Commission mayhas informed the Member State concerned accordinglyon the existence or absence of such doubts. In the absence of a response from the Commission within the period of six weeks of notification, the Commission shall be deemed not to have any such doubts. The Commission's opinion on non-binding agreements shall be non-binding, but Member States concerned shall be encouraged to voluntarily address the problematic provisions of such agreements.
Amendment 215 #
Proposal for a decision
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Requests for confidentiality under this Article shall not restrict the access of the Commission itself to confidential information. The Commission shall ensure that access to the confidential information is strictly limited to the Commission services for which it is absolutely necessary to have the information available. Commission representatives participating as observers in negotiations on intergovernmental agreements shall handle sensitive information received during those negotiations with due confidentiality.
Amendment 220 #
Proposal for a decision
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) identifying common problems compiling a list of bad practices – a "blacklist" – in relation to intergovernmental agreements and non- binding instruments and considering appropriate action to address those problems and, where appropriate, proposing solutions;