Procedure completed
2011/0238(COD) Member States/third countries intergovernmental agreements in the field of energy: information exchange mechanism
Lead committee dossier: ITRE/7/06804
Legal Basis TFEU 194-p3
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | AFET | GIANNAKOU Marietta (PPE) | |
| Opinion | INTA | JADOT Yannick (Verts/ALE) | |
| Lead | ITRE | KARIŅŠ Krišjānis (PPE) | LANGE Bernd (S&D), CREUTZMANN Jürgen (ALDE), JADOT Yannick (Verts/ALE), SZYMAŃSKI Konrad (ECR) |
Legal Basis TFEU 194-p3
Subjects
Activites
- 2012/10/27 Final act published in Official Journal
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2012/10/25
Final act signed
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2012/10/25
End of procedure in Parliament
- #3188
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2012/10/04
Council Meeting
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2012/10/04
Act adopted by Council after Parliament's 1st reading
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2012/09/13
Results of vote in Parliament
- Results of vote in Parliament
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T7-0343/2012
summary
The European Parliament adopted by 369 votes to 240 with 14 abstentions a legislative resolution on the proposal for a Directive of the European Parliament and of the Council setting up an information exchange mechanism with regard to intergovernmental agreements between Member States and third countries in the field of energy. Parliament adopted its position on first reading following the ordinary legislative procedure. The amendments are the result of a compromise negotiated between Parliament and Council. The main amendments are as follows: Transparency: the new text stresses that more transparency with regard to future intergovernmental agreements that will be negotiated or that are being negotiated between Member States and third countries in the field of energy could contribute to consistency in Member States' approaches to such agreements, to compliance with Union law and to the security of energy supply in the Union. Sharing information on bilateral agreements: Member States shall submit to the Commission at the latest three months after the entry into force of the Decision all existing intergovernmental agreements between them and third countries. The Commission will then have nine months in which to inform the Member States concerned if its first assessment has led to doubts on the compatibility with Union law (EU competition law and internal energy market legislation). Observer status for the Commission: the text states that Member States may notify the Commission of any new agreements, before or during negotiations. The Commission could then - at the request of the EU country concerned or on its own initiative, if the Member State agrees - take part in the negotiations as an observer and provide advice on how to avoid incompatibility of the intergovernmental agreement or amendment under negotiation with Union law. Compatibility with EU law: where a Member State negotiating an agreement has been unable to reach a firm conclusion on the compatibility of the negotiated agreement with Union law, it must submit the agreement to the Commission, before closing negotiations, and the Commission will then have four weeks in which to inform the Member State of any possible doubts. In the absence of a response from the Commission within that period, the Commission shall be deemed not to have any doubts. Upon ratification of an agreement, Member States would be required to submit it to the Commission. Confidentiality: the text states that Member States shall inform the Commission whether any part of intergovernmental agreements is to be regarded as confidential and whether the information provided may be shared with other Member States. Where the Member State concerned has indicated that the information may be shared, the Commission shall make the information received accessible to all Member States in secure electronic form, with the exception of those parts that are regarded as confidential by the Member State concerned. Where a Member State instructs the Commission not to make an existing intergovernmental agreement, an amendment to an existing intergovernmental agreement or a new intergovernmental agreement accessible to other Member States, it shall make available a summary of the information submitted. That summary shall contain at least the following information regarding the agreement or amendment in question: (i) the subject matter; (ii) the aim and the scope; (iii) the duration; (iv) the contracting parties; and (v) information on the main elements. Requests for confidentiality will not restrict 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. Reporting and review: by 1 January 2016, and every three years thereafter, the Commission shall submit a report on the application of the Decision, and assess: the extent to which the Decision promotes compliance of intergovernmental agreements with Union law and a high level of coordination between Member States with regard to intergovernmental agreements; the impact of the Decision on Member States' negotiations with third countries and whether the scope of this Decision and the procedures it lays down are appropriate.
- 2012/09/12 Debate in Parliament
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2012/07/30
Committee report tabled for plenary, 1st reading/single reading
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A7-0264/2012
summary
The Committee on Industry, Research and Energy adopted the report by Krišjānis KARIŅŠ (PPE, LV) on the proposal for a directive of the European Parliament and of the Council setting up an information exchange mechanism with regard to intergovernmental agreements between Member States and third countries in the field of energy. The committee recommends that the European Parliament’s position in first reading following the ordinary legislative procedure should amend the Commission proposal as follows: Transparency: the report states that a high degree of transparency with regard to agreements between Member States and third countries in the field of energy would be of benefit in achieving both closer intra-Union cooperation in the field of external energy relations and the Union's long-term policy objectives relating to energy, climate and security of energy supply. Information exchange between the Member States and the Commission: Where those existing intergovernmental agreements refer explicitly to other texts, Member States shall also submit to the Commission those other texts, insofar as they contain elements which have an impact on the functioning of the internal energy market or on the security of energy supply in the Union. However, that obligation does not apply in respect of agreements between commercial entities. By three months after the entry into force of the Decision, Member States shall inform the Commission whether any part of such intergovernmental agreements is to be regarded as confidential and whether the information provided may be shared with other Member States. Where the Member State concerned has indicated that the information may be shared, the Commission shall make the information received accessible to all Member States in secure electronic form. Where following its first assessment, the Commission has doubts as to the compatibility with Union law of agreements, in particular with Union competition law and internal energy market legislation, the Commission shall inform the Member States concerned accordingly within 9 months following the submission of those agreements. Before or during negotiations with a third country on an intergovernmental agreement or on the amendment of an existing intergovernmental agreement, a Member State may inform the Commission in writing of the objectives of, and the provisions to be addressed in, the negotiations and may communicate any other relevant information to the Commission. Where a Member State gives the Commission notice of negotiations, the Commission may provide it with advice on how to avoid incompatibility of the intergovernmental agreement or of the amendment to an existing intergovernmental agreement under negotiation with Union law. Confidentiality: when providing information to the Commission, 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. The Commission shall respect those indications. Requests for confidentiality under this Article shall not restrict access of the Commission itself to confidential information. Assistance from the Commission: 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, the Commission may participate in the negotiations as an observer. Where the Commission participates in the negotiations as an observer, it may provide the Member State concerned with advice on how to avoid incompatibility of the intergovernmental agreement or amendment under negotiation with Union law. Compatibility assessment: where a Member State has been unable, on the basis of its own assessment, to reach a firm conclusion as to the compatibility of the intergovernmental agreement or amendment under negotiation with Union law, it shall inform the Commission thereof before the closure of the negotiations and submit the draft agreement or amendment together with any annexes to it. The Commission shall, within four weeks from the date of receipt of the draft agreement or amendment, including annexes thereto, 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 the absence of a response from the Commission within that period, the Commission shall be deemed not to have any doubts. Coordination among Member States: the Commission shall facilitate and encourage coordination among Member States with a view to reviewing developments in relation to intergovernmental agreements and striving for consistency and coherence in the Union’s external energy relations with producer, transit, and consumer countries. Reporting and review: by 1 January 2016, the Commission shall submit a report on the application of this Decision.
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A7-0264/2012
summary
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2012/06/19
Vote in committee, 1st reading/single reading
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2011/09/15
Committee referral announced in Parliament, 1st reading/single reading
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2011/09/07
Legislative proposal published
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COM(2011)0540
summary
PURPOSE: to set up an information exchange mechanism with regard to intergovernmental agreements between Member States and third countries in the field of energy.PROPOSED ACT: Decision of the European Parliament and of the Council. BACKGROUND: in its conclusions of 4 February 2011, the Council therefore invited Member States to inform from 1 January 2012 the Commission of all their new and existing bilateral energy agreements with third countries. The aim is to facilitate coordination at Union level and Member States' activities with a view to ensuring consistency and coherence in the EU’s external energy relations with key producer, transit, and consumer countries.Negotiations with powerful energy suppliers in third countries typically demand political support in the form of the conclusion of intergovernmental agreements between Member States and third countries.Following the liberalisation of the electricity and gas markets in the European Union, in particular with the implementation of the Third Energy Package, the Member States have introduced significant changes in their energy legislation.Facing a possible supply shortage, Member States are under increasing pressure to accept regulatory concessions in their intergovernmental agreements with third countries which are incompatible with Union energy law. Such regulatory concessions threaten the operation and proper functioning of the Union internal market for energy.As was demonstrated during the gas dispute between the Russian Federation and Ukraine in January 2009, when the internal market is not functioning properly, the EU is more vulnerable to security of supply risks. Therefore it is important that the Member States and the Commission are aware of the amount and sources of energy imported.To address these problems, it is important to improve the exchange of information between Member States and between Member States and the Commission on existing, provisionally applied and future intergovernmental agreements. IMPACT ASSESSMENT: the Commission has not considered it necessary to carry out a formal impact assessment. The Commission nevertheless evaluated a number of options to achieve the proper transposition of the European Council conclusions. A public consultation on the external dimension of the EU energy policy took place between 21 December 2010 and 7 March 2011. In total, over 90 replies were received. The responses received highlighted the important role of the Union in promoting a reliable legal and institutional framework in order to achieve mutually advantageous relations with its main energy suppliers and transit countries. LEGAL BASIS: Article 194 of the Treaty on the Functioning of the European Union.CONTENT: the aim of this proposal is to transform the 4 February 2011 European Council conclusions into a mechanism with detailed procedures for the exchange of information between Member States and the Commission with regard to intergovernmental agreements in order to facilitate coordination at Union level to ensure security of supply, the proper operation and functioning of the Union internal energy market and create legal certainty for investment decisions.As the proposed exchange of information will increase the Member States' negotiating position vis-à-vis third countries, it will ensure the proper implementation of the Union rules and policies.Thus:it will allow taking the perspective of the collective security of supply situation in the EU, instead of a national perspective;the use of commonly developed standard clauses and the proposed compatibility check will furthermore provide investors with increased legal certainty as regards the likely compatibility of the intergovernmental agreement with EU legislation.Scope: Intergovernmental agreements are defined as all legally binding agreements 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 EU. To avoid duplication, intergovernmental agreements for which a specific notification to the Commission is already foreseen in other acts of Union legislation are excluded from the proposal, except intergovernmental agreements which must be submitted to the Commission according to the Security of Gas Supply Regulation.10 It is also proposed that the new mechanism shall not concern agreements between commercial operators except and only as far as the intergovernmental agreement explicitly refers to these commercial agreements.Exchange of information between Commission and Member States: 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. 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.Once the intergovernmental agreement is ratified, the ratified text shall be sent to the Commission. Intergovernmental agreements shall be submitted in their entirety, including their annexes, other texts they refer to and all amendments thereto. The Commission will make all information received available to the Member States via a database. When providing information to the Commission, a Member State may indicate whether any part of the information in the agreements submitted is to be regarded as confidential.Assistance from the Commission: the Commission shall also be informed as early as possible of their intention to open negotiations on future intergovernmental agreements or to amend existing intergovernmental agreements. The Commission shall be regularly informed on the negotiations. On request, the Commission shall participate as an observer to the negotiations. In this context, Member States also have the right to ask the Commission for assistance during their negotiations with third countries.Ex-ante compatibility control: 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. The Commission has an assessment period of four months. If such compatibility check has been requested, in the absence of an opinion of the Commission within this examination period, the Commission is deemed not to have raised any objections.Coordination: the Commission shall facilitate the coordination among Member States with a view to reviewing developments in relation to intergovernmental agreements, identifying common problems and solutions, and developing standard clauses that Member States can use in future intergovernmental agreements.BUDGETARY IMPLICATIONS: the proposal has no implication for the Union budget.
- DG {'url': 'http://ec.europa.eu/dgs/energy/index_en.htm', 'title': 'Energy'}, OETTINGER Günther
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COM(2011)0540
summary
Documents
- Legislative proposal published: COM(2011)0540
- Committee report tabled for plenary, 1st reading/single reading: A7-0264/2012
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0343/2012
- : Decision 2012/994
- : OJ L 299 27.10.2012, p. 0013
| Amendments | Dossier |
| 149 |
2011/0238(COD)
2012/01/06
INTA
10 amendments...
Amendment 13 #
Proposal for a decision Recital 10 (10) The Commission should
Amendment 14 #
Proposal for a decision Recital 13 a (new) (13a) Given the existence of an internal market for energy and a common energy strategy, intergovernmental agreements impact on the common policy. For that reason it must be ensured that intergovernmental agreements are in keeping with the common policy concept.
Amendment 15 #
Proposal for a decision Recital 14 a (new) (14a) Many energy agreements relate in part to investment. The Energy Charter, for example, includes investment rules. For that reason, consistency must be ensured between energy agreements and investment agreements. In particular, account must be taken in this respect of the European Parliament’s rights and recommendations in relation to future investment policy.
Amendment 16 #
Proposal for a decision Recital 14 b (new) (14b) The Commission should take on an active and encouraging role in the coordination of intergovernmental agreements in order to ensure that all the stipulated requirements are capable of implementation.
Amendment 17 #
Proposal for a decision Article 1 – paragraph 1 1. This Decision establishes a mechanism
Amendment 18 #
Proposal for a decision Article 5 – paragraph 1 1.
Amendment 19 #
Proposal for a decision Article 6 – paragraph 1 - introductory part 1. The Commission shall facilitate and encourage the coordination among Member States with the view to:
Amendment 20 #
Proposal for a decision Article 6 – paragraph 1 – point c a (new) ca) integrate the agreements into and make them part of the common European energy policy as described in the Roadmap 2050.
Amendment 21 #
Proposal for a decision Article 6a (new) Consistency between energy and investment agreements The Commission shall ensure that energy agreements which contain provisions on investment are in accordance with the legislation on bilateral investment agreements. It shall also safeguard the European Parliament’s right of participation in future in relation to energy agreements which include provisions on investment. In particular, account shall be taken of the European Parliament’s recommendations on future investment policy.
Amendment 22 #
Proposal for a decision Article 8 – paragraph 1 a (new) 1a. The Commission shall report to the European Parliament every two years on the information that it receives pursuant to Article 3 and shall submit a comprehensive assessment to Parliament within two years of the entry into force of this Decision.
source: PE-478.662
2012/01/19
ITRE
112 amendments...
Amendment 100 #
Proposal for a decision Article 5 – paragraph 1 Amendment 101 #
Proposal for a decision Article 5 – paragraph 1 The
Amendment 102 #
Proposal for a decision Article 5 – paragraph 1 Amendment 103 #
Proposal for a decision Article 5 – paragraph 1 Amendment 104 #
Proposal for a decision Article 5 – paragraph 1 Amendment 105 #
Proposal for a decision Article 5 – paragraph 1 Amendment 106 #
Proposal for a decision Article 5 – paragraph 1 The Commission may on
Amendment 107 #
Proposal for a decision Article 5 – paragraph 1 The Commission may
Amendment 108 #
Proposal for a decision Article 5 – paragraph 1 a (new) Where the assessment of a draft intergovernmental agreement results in a negative opinion, the Commission shall inform the European Parliament and provide the Member State concerned with a possible solution or specify the needs of re-negotiation which shall be taken duly into account by the Member State concerned.
Amendment 109 #
Proposal for a decision 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.
Amendment 110 #
Proposal for a decision Article 5 – paragraph 1 a (new) Along with the legal opinion, the Commission shall also draw up an analysis showing the extent to which the relevant third country has itself introduced and enforced legislation similar to EU legislation in the field of energy, and in particular the provisions in the Third Energy Package.
Amendment 111 #
Proposal for a decision 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 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 113 #
Proposal for a decision Article 6 – paragraph 1 – introductory part 1. The Commission shall facilitate and encourage the coordination among Member States with the view to:
Amendment 114 #
Proposal for a decision Article 6 – paragraph 1 – point a a (new) aa) consistency between energy and investment agreements. The Commission shall ensure that energy agreements which contain provisions on investment are in accordance with the legislation on bilateral investment agreements. It shall also safeguard the European Parliament’s right of participation in relation to future energy agreements which contain provisions on investment. In particular, account shall be taken of the European Parliament’s recommendations on future investment policy;
Amendment 115 #
Proposal for a decision Article 6 – paragraph 1 – point b (b) identify common problems in relation to intergovernmental agreements and to consider appropriate action and propose solutions to address these problems;
Amendment 116 #
Proposal for a decision 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 117 #
Proposal for a decision Article 6 – paragraph 1 – point c (c) develop non-binding standard clauses on the basis of best practice
Amendment 118 #
Proposal for a decision Article 6 – paragraph 1 – point c (c) on the basis of best practice, develop standard clauses th
Amendment 119 #
Proposal for a decision Article 6 – paragraph 1 – point c a (new) 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.
Amendment 121 #
Proposal for a decision Article 6 – paragraph 1 – point c a (new) (ca) integrate the agreements into and make them part of the common European energy policy as described in the Roadmap 2050.
Amendment 122 #
Proposal for a decision Article 6 – paragraph 1 – point c b (new) (c b) a guide on the conduct of negotiations, with a view to ensuring compliance with EU law, solidarity between Member States and energy supply.
Amendment 123 #
Proposal for a decision Article 7 – paragraph 1 When providing information to the Commission in accordance with Article 3, the Member State
Amendment 124 #
Proposal for a decision Article 7 – paragraph 1 When providing information to the Commission in accordance with Article 3, the Member State may indicate whether
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.
Amendment 127 #
Proposal for a decision Article 8 – paragraph 1 (1)
Amendment 128 #
Proposal for a decision Article 8 – paragraph 1 1.
Amendment 129 #
Proposal for a decision 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.
Amendment 130 #
Proposal for a decision Article 8 – paragraph 2 2. The report shall in particular assess whether this Decision provides for a sufficient framework in order to ensure full compliance of intergovernmental agreements with Union law and a high level of coordination between Member States with regard to intergovernmental agreements. It shall also assess whether the timeframes laid down in this Decision are appropriate and the impact they have had on Member States' negotiations with third countries.
Amendment 131 #
Proposal for a decision Article 10 – paragraph 1 This Decision is addressed to the Member States and entities under Article 3a.
Amendment 20 #
Proposal for a decision 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 21 #
Proposal for a decision Recital 2 (2) Union-law requires Member States to take all appropriate measures to ensure fulfilment of the obligations arising out of the Treaties
Amendment 22 #
Proposal for a decision Recital 2 a (new) (2a) Recognising the central role played by international cooperation in the field of energy, all intergovernmental agreements must be based on the principle of mutual respect with the third countries involved.
Amendment 23 #
Proposal for a decision Recital 3 (3)
Amendment 24 #
Proposal for a decision 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
Amendment 25 #
Proposal for a decision 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 26 #
Proposal for a decision 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
Amendment 27 #
Proposal for a decision Recital 4 (4) The new information exchange mechanism should
Amendment 28 #
Proposal for a decision Recital 4 (4) The new information exchange mechanism should only cover intergovernmental agreements relating to the import of energy which are lik
Amendment 29 #
Proposal for a decision Recital 4 (4) The new information exchange mechanism should only cover intergovernmental agreements which
Amendment 30 #
Proposal for a decision Recital 4 (4) The new information exchange mechanism should only cover intergovernmental agreements which
Amendment 31 #
Proposal for a decision Recital 4 (4) The new information exchange mechanism should only cover intergovernmental agreements which
Amendment 32 #
Proposal for a decision 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) Amendment 34 #
Proposal for a decision Recital 5 (5) Intergovernmental agreements which need to be notified in their entirety to the Commission on the basis of
Amendment 35 #
Proposal for a decision Recital 5 a (new) (5a) In order to promote the principle of reciprocity in the Union’s external energy dimension, Member States should be encouraged to only sign contracts with third countries which have introduced legislation in the field of energy that corresponds to EU market rules, especially the rules on ownership unbundling in the Third Energy Package1. ____________ 1 OJ L 211, 14.8.2009.
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.
Amendment 37 #
Proposal for a decision Recital 7 (7) This Decision
Amendment 38 #
Proposal for a decision Recital 7 (7) This Decision should not concern agreements between commercial entities
Amendment 39 #
Proposal for a decision Recital 7 (7) This Decision should not concern agreements between commercial entities
Amendment 40 #
Proposal for a decision Recital 7 (7) This Decision should not concern agreements between commercial entities
Amendment 41 #
Proposal for a decision Recital 9 (9) Member States should
Amendment 42 #
Proposal for a decision Recital 9 (9) Member States should
Amendment 43 #
Proposal for a decision Recital 9 (9) Member States should
Amendment 44 #
Proposal for a decision Recital 9 (9) Member States should already notify the intention to open negotiations to the Commission with regard to new intergovernmental agreements or amendments to existing intergovernmental agreements. The Commission should be kept informed regularly on the ongoing negotiations.
Amendment 45 #
Proposal for a decision Recital 10 (10) The Commission should
Amendment 46 #
Proposal for a decision Recital 10 (10) The Commission should,
Amendment 47 #
Proposal for a decision Recital 10 (10) The Commission
Amendment 48 #
Proposal for a decision Recital 11 (11) All final, ratified intergovernmental agreements covered by this Decision should be transmitted to the Commission in order to allow for full information of all other Member States.
Amendment 49 #
Proposal for a decision Recital 12 (12) The Commission should make all
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
Amendment 51 #
Proposal for a decision Recital 13 (13) A permanent exchange of information on intergovernmental agreements at Union level should allow to develop best practices. On the basis of those best practices the Commission should recommend non-binding standard clauses for the use in intergovernmental agreements between Member States and third countries. In particular, standard clauses should address compliance of the intergovernmental agreement with Union competition law and internal energy market rules. The use of these non-binding standard clauses should exclude conflicts of intergovernmental agreements with Union law.
Amendment 52 #
Proposal for a decision Recital 13 (13) A permanent exchange of information on intergovernmental agreements at Union level should allow to develop best practices. On the basis of those best practices the Commission should
Amendment 53 #
Proposal for a decision Recital 13 a (new) (13a) Given the existence of an internal market for energy and a common energy strategy in the EU, intergovernmental agreements impact on the common policy. For that reason it must be ensured that intergovernmental agreements are in keeping with the common policy concept.
Amendment 54 #
Proposal for a decision Recital 14 a (new) (14a) Many energy agreements relate in part to investment. The Energy Charter, for example, includes investment rules. For that reason, consistency must be ensured between energy agreements and investment agreements. In particular, account must be taken in this respect of the European Parliament’s rights and recommendations in relation to future investment policy.
Amendment 55 #
Proposal for a decision Recital 14 b (new) (14b) The Commission should take on an active and encouraging role in the coordination of intergovernmental agreements in order to ensure that all the targets set can be achieved.
Amendment 56 #
Proposal for a decision 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 57 #
Proposal for a decision 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 between Member States and third countries in the field of energy.
Amendment 58 #
Proposal for a decision 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 the field of energy.
Amendment 59 #
Proposal for a decision Article 1 – paragraph 2 2. Intergovernmental agreements which are already in their entirety subject to other specific notification procedures under Union law, except for intergovernmental agreements which shall be submitted to the Commission in accordance with Article 13(6) of Regulation (EU) No 994/2010, shall not be covered by this Decision. However, the Commission shall evaluate bilateral investment agreements between Member States and third countries regarding their specific energy provision which have relevance to the scope of this Decision, and shall submit a report to the European Parliament and the Council.
Amendment 60 #
Proposal for a decision Article 2 – paragraph 1 – point 1 (1)
Amendment 61 #
Proposal for a decision Article 2 – paragraph 1 – point 1 (1) ‘intergovernmental agreements’ means any legally binding agreements between Member States and third countries which
Amendment 62 #
Proposal for a decision Article 2 – paragraph 1 – point 1 (1) ‘intergovernmental agreements’ means any legally binding agreements between Member States and third countries which
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
Amendment 64 #
Proposal for a decision Article 2 – paragraph 1 – point 1 (1) ‘intergovernmental agreements’ means any legally binding agreements between Member States and third countries which
Amendment 65 #
Proposal for a decision Article 2 – paragraph 1 – point 2 a (new) Amendment 66 #
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.
Amendment 67 #
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. The Commission shall make the received documents accessible in electronic form to all other Member States.
Amendment 68 #
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.
Amendment 69 #
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. The Commission shall make the received documents
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.
Amendment 71 #
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 non-commercial 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
Amendment 72 #
Proposal for a decision Article 3 – paragraph 1 1. Member States
Amendment 73 #
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. The Commission shall make the received documents accessible in electronic form to all other Member States, but shall not disclose information that is indicated as confidential by the respective Member State. 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
Amendment 74 #
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.
Amendment 75 #
Proposal for a decision Article 3 – paragraph 1 1. Member States
Amendment 76 #
Proposal for a decision Article 3 – paragraph 2 Amendment 77 #
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
Amendment 78 #
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
Amendment 79 #
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
Amendment 80 #
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 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.
Amendment 81 #
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 electronic form. It shall provide the Member State with a guide on the conduct of negotiations, with a view to ensuring compliance with EU law, solidarity between Member States and energy supply. 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.
Amendment 82 #
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
Amendment 83 #
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.
Amendment 84 #
Proposal for a decision Article 3 – paragraph 2 2. When a Member State
Amendment 85 #
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
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
Amendment 87 #
Proposal for a decision 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 88 #
Proposal for a decision Article 3 – paragraph 2 a (new) 2a. Member States are not required to provide the Commission with information they consider confidential.
Amendment 89 #
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 to the Commission the agreement or the amendment to
Amendment 90 #
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 to the Commission the agreement or the amendment to
Amendment 91 #
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
Amendment 92 #
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 non-commercial 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 electronic form.
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.
Amendment 94 #
Proposal for a decision Article 3 a (new) Amendment 95 #
Proposal for a decision Article 4 Amendment 96 #
Proposal for a decision 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
Amendment 97 #
Proposal for a decision Article 5 – paragraph 1 Amendment 98 #
Proposal for a decision Article 5 – paragraph 1 1. The
Amendment 99 #
Proposal for a decision Article 5 – paragraph 1 source: PE-480.533
2012/01/25
AFET
27 amendments...
Amendment 18 #
Proposal for a decision Recital 2 (2) Union-law requires Member States to take all appropriate measures to ensure fulfilment of the obligations arising out of the Treaties
Amendment 19 #
Proposal for a decision Recital 3 (3)
Amendment 20 #
Proposal for a decision Recital 3 a (new) (3a) Recognising the central role played by international cooperation in the field of Energy, all intergovernmental agreements must be based on the principle of mutual respect with the third countries involved.
Amendment 21 #
Proposal for a decision Recital 4 (4) The new information exchange mechanism should only cover intergovernmental agreements relating to import of energy which are lik
Amendment 22 #
Proposal for a decision Recital 4 (4) The new information exchange mechanism should only cover intergovernmental agreements which are lik
Amendment 23 #
(7) This Decision should not concern agreements between commercial entities
Amendment 24 #
Proposal for a decision Recital 9 (9) Member States should
Amendment 25 #
Proposal for a decision Recital 9 (9) Member States should
Amendment 26 #
Proposal for a decision Recital 10 (10) The Commission
Amendment 27 #
Proposal for a decision Recital 10 (10) The Commission
Amendment 28 #
Proposal for a decision Recital 12 (12) The Commission should make all received information available to all other Member States in 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
Amendment 29 #
Proposal for a decision Recital 13 (13) A permanent exchange of information on intergovernmental agreements at Union level should allow to develop best practices. On the basis of those best practices the Commission, in cooperation with the EEAS as regards EU external policies, should recommend standard clauses for the use in intergovernmental agreements between Member States and third countries. The use of these non- binding standard clauses should exclude conflicts of intergovernmental agreements with Union law or with international agreements of the Union. The Commission should also suggest non- binding standard clauses in reference to EU policies such as the respect of human rights, democracy, good governance, the rule of law and social dialogues including corporate social responsibility, climate change, the protection of the environment, energy efficiency, renewable energies, and EU biofuel targets.
Amendment 30 #
(13) A permanent exchange of information on intergovernmental agreements at Union level should allow to develop best practices. On the basis of those best practices the Commission should
Amendment 31 #
Proposal for a decision Recital 14 (14) The improved mutual knowledge of existing and new intergovernmental agreements should allow for a better co- ordination in energy matters between the Member States themselves and between the Member States and the Commission. Such improved coordination should enable Member States to fully benefit from the political and economic weight of the Union; allow the European Commission and Member States to fully coordinate their efforts with respect to importing more renewable electricity into the EU; and strengthen the Union's own strategic role and foreign policy capabilities.
Amendment 32 #
Proposal for a decision Recital 15 a (new) (15a) A member of the European Commission responsible for energy and High Representative of the Union for foreign affairs and security policy, in cooperation with the EEAS, shall act actively according to this Decision, promote it with third countries, and annually submit a report on the application of this Decision to the European Parliament, the Council and the European Economic and Social Committee.
Amendment 33 #
Proposal for a decision 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 the field of energy as defined in Article 2.
Amendment 34 #
Proposal for a decision Article 3 - paragraph 1 1. Member States shall submit
Amendment 35 #
Proposal for a decision Article 3 - paragraph 1 1. Member States
Amendment 36 #
Proposal for a decision Article 3 - paragraph 2 2. When
Amendment 37 #
Proposal for a decision Article 3 - paragraph 2 2. When a Member State
Amendment 38 #
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 to the Commission the agreement or the amendment of the agreement, including their annexes and other texts these agreements or amendments refer to explicitly
Amendment 39 #
Proposal for a decision Article 5 The Commission may
Amendment 40 #
The Commission may on
Amendment 41 #
Proposal for a decision Article 6 - paragraph 1 (a) 1. (a) review developments in relation to intergovernmental agreements
Amendment 42 #
Proposal for a decision Article 6 - paragraph 1 (b) 1. (b) identify common problems in relation to intergovernmental agreements
Amendment 43 #
Proposal for a decision Article 6 - paragraph 1 (c) 1. (c) on the basis of best practice, develop
Amendment 44 #
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, is to be regarded as confidential and whether the information provided can be shared with the Commission or other Member States. The Commission shall respect these indications.
source: PE-480.541
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