BETA

Procedure completed, awaiting publication in Official Journal



2016/0031(COD) Member State/third country intergovernmental agreements in the field of energy: information exchange mechanism
RoleCommitteeRapporteurShadows
Opinion AFET KUKAN Eduard (EPP)
Opinion INTA BENDTSEN Bendt (EPP)
Lead ITRE KRASNODĘBSKI Zdzisław (ECR) URUTCHEV Vladimir (EPP), BALČYTIS Zigmantas (S&D), MLINAR Angelika (ALDE), SYLIKIOTIS Neoklis (GUE/NGL), TARAND Indrek (Verts/ALE), BORRELLI David (EFD), SCHAFFHAUSER Jean-Luc (ENF)
Lead committee dossier: ITRE/8/05762
Legal Basis TFEU 194-p2

Activites

  • 2017/04/05 Final act signed
  • 2017/04/05 End of procedure in Parliament
  • #3527
  • 2017/03/21 Council Meeting
  • 2017/03/21 Act adopted by Council after Parliament's 1st reading
  • 2017/03/02 Decision by Parliament, 1st reading/single reading
    • T8-0059/2017 summary
  • 2017/03/01 Debate in Parliament
  • 2017/01/26 Approval in committee of the text agreed at 1st reading interinstitutional negotiations
  • 2016/10/18 Committee report tabled for plenary, 1st reading/single reading
    • A8-0305/2016 summary
  • 2016/10/13 Committee decision to open interinstitutional negotiations with report adopted in committee
  • 2016/10/13 Vote in committee, 1st reading/single reading
  • #3472
  • 2016/06/06 Council Meeting
  • 2016/03/07 Committee referral announced in Parliament, 1st reading/single reading
  • 2016/02/16 Legislative proposal published
    • COM(2016)0053 summary
    • DG {'url': 'http://ec.europa.eu/info/departments/energy_en', 'title': 'Energy'}, ARIAS CAÑETE Miguel

Documents

AmendmentsDossier
314 2016/0031(COD)
2016/06/15 AFET 38 amendments...
source: 584.262
2016/07/01 ITRE 204 amendments...
source: 585.613
2016/07/18 INTA 72 amendments...
source: 587.456

History

(these mark the time of scraping, not the official date of the change)

activities/6/docs
  • type: Approval in committee of the text agreed at 1st reading interinstitutional negotiations title: GEDA/T/(2017)000419
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2017-04-05T00:00:00
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Final act signed
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2017-04-05T00:00:00
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2017-03-21T00:00:00
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Council Meeting
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Economic and Financial Affairs ECOFIN
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3527
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2017-03-21T00:00:00
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Act adopted by Council after Parliament's 1st reading
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Council Meeting
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Former Council configuration
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Old
Provisional agreement between Parliament and Council on final act
New
Awaiting signature of act
procedure/Mandatory consultation of other institutions
Old
Economic and Social Committee Committee of the Regions
New
European Economic and Social Committee European Committee of the Regions
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CELEX:52016PC0053:EN
activities/0/docs/0/celexid
CELEX:52016PC0053:EN
activities/6
date
2017-01-26T00:00:00
body
unknown
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Approval in committee of the text agreed at 1st reading interinstitutional negotiations
activities/8/docs/0/text
  • The European Parliament adopted by 542 votes to 87, with 19 abstentions, a legislative resolution 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.

    The European Parliament’s position adopted at first reading following the ordinary legislative procedure amended the Commission proposal as follows:

    Subject-matter and scope: the amended text stipulated that the 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, in order to ensure the functioning of the internal energy market and enhance the security of energy supply in the Union. Members stressed the importance of transparency and compliance with Union law to ensure the energy stability of the Union.

    Intergovernmental Agreement: the definition covers any legally binding agreement, regardless of its formal designation, between one or more Member States and one or more third countries, or between one or more Member States and an international organisation, which concerns: (a) the purchase, trade, sale, transit, storage or supply of energy in or to at least one Member State; or (b) the construction or operation of energy infrastructure with a physical connection to at least one Member State.

    Notification obligations: when a Member State intends to enter into negotiations with a third country or an international organisation in order to amend an intergovernmental agreement or to conclude a new intergovernmental agreement, the Member State concerned should keep the Commission regularly informed of the progress of the negotiations. The information provided to the Commission shall include an indication of the provisions to be addressed in the negotiations and the objectives of the negotiations in accordance with the provisions on confidentiality.

    Where the ratified 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 concern 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.

    Moreover, where a Member State negotiates an intergovernmental agreement relating to electricity and has been unable to reach a firm conclusion as to the compatibility with Union law, it shall notify to the Commission the draft agreement for ex-ante assessment, as soon as an agreement has been reached by the parties on all the main elements of that draft, but before the closure of formal negotiations.

    Where a Member State is in doubt as to whether an agreement constitutes an intergovernmental agreement and thus whether it is to be notified, the Member State shall consult the Commission without delay.

    Assistance from the Commission: the Commission services may provide it with advice on how to avoid incompatibility with Union law of the intergovernmental agreement. Such advice may include relevant optional model clauses and guidance that the Commission develops in consultation with Member States.

    The Commission services may also draw the attention of the Member State concerned to the relevant Union energy policy objectives, including on the Energy Union. The Commission may request to participate in the negotiations as an observer where it considers this to be necessary. The Commission’s participation shall be subject to the written approval of the Member State concerned.

    Assessment by the Commission: the Commission shall, within five weeks of the date of notification of the complete draft intergovernmental agreement or amendment, inform the Member State concerned of any doubts it may have as to the compatibility with Union law of the draft intergovernmental agreement or amendment.

    Before signing, ratifying or agreeing to an intergovernmental agreement or amendment, the Member State concerned shall take utmost account of the Commission's opinion.

    Notification with respect to non-binding instruments: in the interest of transparency, Member States shall submit to the Commission non-binding instruments which set out the conditions for energy supply, such as volumes and prices, or for the development of energy infrastructures.

    If a non-binding instrument or an amendment refers explicitly to other texts, the Member State should also be able to submit those other texts.

    Model clauses: by one year after the date of entry into force of this Decision, the Commission shall, on the basis of best practices and in consultation with Member States, develop optional model clauses and guidance, including a list of examples of clauses that do not respect Union law and should therefore not be used.

procedure/stage_reached
Old
Awaiting Council 1st reading position / budgetary conciliation convocation
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Provisional agreement between Parliament and Council on final act
activities/6/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20170301&type=CRE type: Debate in Parliament title: Debate in Parliament
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Debate scheduled
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  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0059 type: Decision by Parliament, 1st reading/single reading title: T8-0059/2017
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Awaiting Parliament 1st reading / single reading / budget 1st stage
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Awaiting Council 1st reading position / budgetary conciliation convocation
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Old
Debate in plenary scheduled
New
Debate scheduled
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Old
http://ec.europa.eu/dgs/energy/index_en.htm
New
http://ec.europa.eu/info/departments/energy_en
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Indicative plenary sitting date, 1st reading/single reading
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2017-03-02T00:00:00
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url
http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2017)599243
title
Briefing
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Old
http://ec.europa.eu/dgs/energy/index_en.htm
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http://ec.europa.eu/info/departments/energy_en
activities/3/type
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Committee decision to open interinstitutional negotiations after 1st reading in Parliament
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Old
2017-03-13T00:00:00
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2017-03-01T00:00:00
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2017-02-15T00:00:00
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2017-03-13T00:00:00
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activities/1/committees/2/shadows/4
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Verts/ALE
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TARAND Indrek
committees/2/shadows/4
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Verts/ALE
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TARAND Indrek
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Transport, Telecommunications and Energy
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2016-06-06T00:00:00
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  • group: EPP name: BENDTSEN Bendt
committees/1/date
2016-03-14T00:00:00
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  • group: EPP name: BENDTSEN Bendt
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2016-03-15T00:00:00
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  • group: EPP name: KUKAN Eduard
committees/0/date
2016-03-15T00:00:00
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  • group: EPP name: KUKAN Eduard
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EP
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EC
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  • DG: url: http://ec.europa.eu/dgs/energy/index_en.htm title: Energy Commissioner: ARIAS CAÑETE Miguel
activities/0/committees
  • body: EP responsible: False committee_full: Foreign Affairs committee: AFET
  • body: EP responsible: False committee_full: International Trade committee: INTA
  • body: EP shadows: group: S&D name: BALČYTIS Zigmantas responsible: True committee_full: Industry, Research and Energy committee: ITRE
activities/0/date
Old
2016-03-07T00:00:00
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  • url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0053/COM_COM(2016)0053_EN.pdf celexid: CELEX:52016PC0053:EN type: Legislative proposal published title: COM(2016)0053
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Committee referral announced in Parliament, 1st reading/single reading
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  • DG: url: http://ec.europa.eu/dgs/energy/index_en.htm title: Energy Commissioner: ARIAS CAÑETE Miguel
activities/1/committees
  • body: EP responsible: False committee_full: Foreign Affairs committee: AFET
  • body: EP responsible: False committee_full: International Trade committee: INTA
  • body: EP shadows: group: EPP name: URUTCHEV Vladimir group: S&D name: BALČYTIS Zigmantas group: ALDE name: MLINAR Angelika group: GUE/NGL name: SYLIKIOTIS Neoklis group: EFD name: BORRELLI David group: ENF name: SCHAFFHAUSER Jean-Luc responsible: True committee: ITRE date: 2016-02-25T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: ECR name: KRASNODĘBSKI Zdzisław
activities/1/date
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2016-02-16T00:00:00
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2016-03-07T00:00:00
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  • url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0053/COM_COM(2016)0053_EN.pdf title: COM(2016)0053 type: Legislative proposal published celexid: CELEX:52016PC0053:EN
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Old
Legislative proposal published
New
Committee referral announced in Parliament, 1st reading/single reading
committees/2/date
2016-02-25T00:00:00
committees/2/rapporteur
  • group: ECR name: KRASNODĘBSKI Zdzisław
committees/2/shadows/0
group
EPP
name
URUTCHEV Vladimir
committees/2/shadows/2
group
ALDE
name
MLINAR Angelika
committees/2/shadows/3
group
GUE/NGL
name
SYLIKIOTIS Neoklis
committees/2/shadows/4
group
EFD
name
BORRELLI David
committees/2/shadows/5
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ENF
name
SCHAFFHAUSER Jean-Luc
activities/0/docs/0/text
  • PURPOSE: to establish an information exchange mechanism with regard to intergovernmental agreements (IGAs) and non-binding instruments between Member States and third countries in the field of energy.

    PROPOSED ACT: Decision of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND: Decision 994/2012/EU established an information exchange mechanism with regard to intergovernmental agreements (IGAs) between Member States and third countries in the field of energy. The main feature of this mechanism is that the Commission carries out compliance checks of IGAs after a Member State and a third country have concluded such agreements.

    Decision No 994/2012/EU was useful for receiving information on existing intergovernmental agreements and for identifying problems posed by them in terms of their compatibility with Union law. However, it proved ineffective in terms of ensuring compliance of intergovernmental agreements with Union law.

    The European Council in its conclusions of 19 March 2015 also called for full compliance with EU law of all agreements related to the buying of gas from external suppliers, notably by reinforcing transparency of such agreements and compatibility with EU energy security provisions

    The review of the current IGA Decision forms part of the deliverables of the Energy Union Strategy adopted in February 2015, which sets the overall context and governance structure for a renewed EU energy policy.

    IMPACT ASSESSMENT: five policy options have been considered in the Impact Assessment: the option maintained was the one in which the Commission carries out obligatory ex-ante assessments of IGAs.

    CONTENT: the proposal seeks to repeal and replace Decision No 994/2012/EU and aims to:

    ensure the compliance of IGAs with EU law to ensure the proper functioning of the internal market and enhance the EU's energy security; and

    enhance the transparency of IGAs in order to increase the cost effectiveness of the EU's energy supply and solidarity between Member States

    The IGA Decision thus applies to all energy commodity related supply and infrastructure IGAs, in particular gas, oil and electricity. Only IGAs concerning matters within the purview of the Euratom Treaty are not covered. For these IGAs Article 103 of the Euratom Treaty provides for a specific ex-ante procedure. The scope of the IGA Decision excludes commercial contracts between commercial entities.

    The revised Decision contains the following elements:

    Notification obligations with regard to intergovernmental agreements: Member States should:

    • inform the Commission of its intent to enter into negotiations with third country regarding conclusion of new intergovernmental agreements or amending existing ones;
    • notify to Commission a draft intergovernmental agreement or amendment with all accompanying documents as soon as agreement has been reached in the negotiations by the parties.

    Assessment by the Commission: the Commission should:

    • perform ex-ante assessment of draft intergovernmental agreements or amendments and to inform Member State of possible doubts it may have as to the compatibility with Union law, in particular with internal energy market legislation and Union competition law within six week;
    • inform Member State of its opinion on compatibility of intergovernmental agreement or amendment with Union law within 12 weeks of date of notification.

    Member States shall not conclude proposed intergovernmental agreement or amendment until Commission informed Member State of any doubts and its opinion.

    Obligation of Member State to submit to Commission existing and future non-binding instruments with all accompanying documents. The Commission may perform ex-post assessment of submitted non-binding instruments and inform Member State accordingly if it considers measures implementing the non-binding instrument could conflict with Union law.

    The Commission should share documents it has received with other Member States in accordance with confidentiality provisions.

activities/1
date
2016-03-07T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
procedure/dossier_of_the_committee
ITRE/8/05762
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Old
Preparatory phase in Parliament
New
Awaiting committee decision
committees/2/shadows
  • group: S&D name: BALČYTIS Zigmantas
activities
  • date: 2016-02-16T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0053/COM_COM(2016)0053_EN.pdf celexid: CELEX:52016PC0053:EN type: Legislative proposal published title: COM(2016)0053 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/dgs/energy/index_en.htm title: Energy Commissioner: ARIAS CAÑETE Miguel
committees
  • body: EP responsible: False committee_full: Foreign Affairs committee: AFET
  • body: EP responsible: False committee_full: International Trade committee: INTA
  • body: EP responsible: True committee_full: Industry, Research and Energy committee: ITRE
links
other
  • body: EC dg: url: http://ec.europa.eu/dgs/energy/index_en.htm title: Energy commissioner: ARIAS CAÑETE Miguel
procedure
Mandatory consultation of other institutions
Economic and Social Committee Committee of the Regions
reference
2016/0031(COD)
instrument
Decision
legal_basis
Treaty on the Functioning of the EU TFEU 194-p2
stage_reached
Preparatory phase in Parliament
summary
Repealing Decision No 994/2012/EU
subtype
Legislation
title
Member State/third country intergovernmental agreements in the field of energy: information exchange mechanism
type
COD - Ordinary legislative procedure (ex-codecision procedure)
subject