General Events (12) Documents Activities (15) Votes (1) Amendments (149) History (7)
2011/0238(COD) Member States/third countries intergovernmental agreements in the field of energy: information exchange mechanism
Lead ITRE KARIŅŠ Krišjānis ( PPE) LANGE Bernd ( S&D), CREUTZMANN Jürgen ( ALDE), JADOT Yannick ( Verts/ALE), SZYMAŃSKI Konrad ( ECR)
Committee Opinion AFET GIANNAKOU Marietta ( PPE)
Committee Opinion INTA JADOT Yannick ( Verts/ALE)
ITRE/7/06804
TFEU 194-p3
3.60.10 Security of energy supply
3.60.15 Cooperation and agreements for energy
6.20.03 Bilateral economic and trade agreements and relations
6.40 Relations with third countries
IT_SENATE - Contribution
EC - Follow-up document
PURPOSE: to set up an information exchange mechanism with regard to intergovernmental agreements between Member States and third countries in the field of energy.
LEGISLATIVE ACT: Decision No 994/2012/EU of the European Parliament and of the Council establishing an information exchange mechanism with regard to intergovernmental agreements between Member States and third countries in the field of energy.
CONTENT: following agreement at first reading, the Council and the European Parliament adopted this Decision establishing a mechanism for the exchange of information between Member States and the Commission on intergovernmental agreements in the field of energy, in order to optimise the functioning of the internal energy market.
Formulated as a response to the request by the European Council of 4 February 2011, this new mechanism is a big step forward in terms of the transparency and coordination of the external energy relations of the EU and its Member States . The mechanism will cover intergovernmental agreements that have an impact on the operation or functioning of the internal energy market or on the security of energy supply.
Exchange of information between Member States and the Commission: by 17 February 2013, Member States will submit to the Commission all existing intergovernmental agreements, including annexes and amendments to those agreements. Where following its first assessment, the Commission has doubts as to the compatibility with Union law of agreements submitted to it, in particular with Union competition law and internal energy market legislation, it shall inform the Member States concerned accordingly within nine months of the submission of those agreements.
With regard to existing intergovernmental agreements which have already been communicated to the Commission in accordance with Regulation (EU) No 994/2010 at the date of entry into force of the Decision, by 17 February 2013 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.
Sharing information with other Member States : if a Member State considers an intergovernmental agreement to be confidential, it should provide the Commission with a summary of it for the purposes of sharing that summary with the other Member States. 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; (v) information on the main elements.
The Commission shall make the summaries accessible in electronic form to all other Member States.
Assistance from the Commission: 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, that Member State may request the assistance of the Commission in those negotiations, and the Commission may participate in the negotiations as an observer and provide the Member State concerned with advice on how to avoid incompatibility of the
Member States may keep the Commission informed during the negotiations, whilst indicating whether this information may be shared with all other Member States.
Compatibility assessment : where a Member State is negotiating an intergovernmental agreement or an amendment to an existing intergovernmental agreement and it 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 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 , inform the Member State concerned of any doubts it may have as to the compatibility of the draft intergovernmental agreement with Union law. It shall inform the Member State concerned of its opinion on the compatibility with Union law of the draft agreement or amendment concerned within 10 weeks of the date of receipt (the examination period). These time limits may be shortened in agreement with the Commission if circumstances so warrant.
Confidentiality: the Commission must respect requests from Member States to treat information submitted to it as confidential. Requests for confidentiality will not, however, restrict access of the Commission itself to confidential information, as the Commission needs to have comprehensive information for its own assessments. 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. Requests for confidentiality are without prejudice to the right of access to documents as provided for in Regulation (EC) No 1049/2001.
Report: by 1 January 2016, the Commission will present a report on the application of the Decision assessing, in particular, 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. It shall also assess:
· the impact that the Decision has on Member States' negotiations with third countries;
· whether the scope of the Decision and the procedures it lays down are appropriate.
After submission of the first report, the Commission shall report every three years to the European Parliament and the Council on the information received under the mechanism, having due regard to the confidentiality provisions of the Decision.
ENTRY INTO FORCE: 16/11/2012.
Decision 2012/994
CSL - Draft final act
CSL - Final act signed
EC - Commission response to text adopted in plenary
SP(2012)665
EP/CSL - Act adopted by Council after Parliament's 1st reading
EP - Results of vote in Parliament
EP - Decision by Parliament, 1st reading
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.
EP - Committee report tabled for plenary, 1st reading
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.
EP - Vote in committee, 1st reading
EP - Amendments tabled in committee
EP - GIANNAKOU Marietta (PPE) appointed as rapporteur in AFET
PT_PARLIAMENT - Contribution
RO_CHAMBER - Contribution
LU_CHAMBER - Contribution
EP - KARIŅŠ Krišjānis (PPE) appointed as rapporteur in ITRE
EP - JADOT Yannick (Verts/ALE) appointed as rapporteur in INTA
EP - Committee referral announced in Parliament, 1st reading
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. T he 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.
Contribution: COM(2016)0054
Follow-up document: COM(2016)0054
Follow-up document: EUR-Lex
Final act published in Official Journal: Decision 2012/994
Draft final act: 00030/2012/LEX
Commission response to text adopted in plenary: SP(2012)665
Results of vote in Parliament: Results of vote in Parliament
Decision by Parliament, 1st reading: T7-0343/2012
Committee report tabled for plenary, 1st reading: A7-0264/2012
Committee opinion: PE478.667
Amendments tabled in committee: PE480.533
Follow-up document: COM(2016)0054 EUR-Lex
Plenary Speeches (2)
2016/11/22 Intergovernmental agreements between Member States and third countries in the field of energy (debate)
Niki TZAVELA
Elena BĂSESCU
Bendt BENDTSEN
Jürgen CREUTZMANN
Gaston FRANCO
Marietta GIANNAKOU
Romana JORDAN
Lena KOLARSKA-BOBIŃSKA
Bogdan Kazimierz MARCINKIEWICZ
Alajos MÉSZÁROS
Radvilė MORKŪNAITĖ-MIKULĖNIENĖ
Jacek PROTASIEWICZ
Konrad SZYMAŃSKI
Silvia-Adriana ȚICĂU
A7-0264/2012 - Krišjānis Kariņš - Résolution législative #
2012/09/13 Outcome: +: 369, -: 240, 0: 14
Poland PPE
For (28)
Andrzej GRZYB, Arkadiusz Tomasz BRATKOWSKI, Artur ZASADA, Bogdan Kazimierz MARCINKIEWICZ, Bogusław SONIK, Czesław Adam SIEKIERSKI, Danuta JAZŁOWIECKA, Danuta Maria HÜBNER, Elżbieta Katarzyna ŁUKACIJEWSKA, Filip KACZMAREK, Jacek PROTASIEWICZ, Jacek SARYUSZ-WOLSKI, Jan KOZŁOWSKI, Jan OLBRYCHT, Jarosław KALINOWSKI, Jarosław WAŁĘSA, Jerzy BUZEK, Joanna Katarzyna SKRZYDLEWSKA, Jolanta Emilia HIBNER, Krzysztof LISEK, Małgorzata HANDZLIK, Paweł ZALEWSKI, Piotr BORYS, Rafał TRZASKOWSKI, Róża THUN UND HOHENSTEIN, Sidonia MAZUR, Sławomir NITRAS, Tadeusz ZWIEFKA
Italy PPE
Amalia SARTORI, Antonio CANCIAN, Barbara MATERA, Carlo CASINI, Carlo FIDANZA, Clemente MASTELLA, Cristiana MUSCARDINI, Elisabetta GARDINI, Gabriele ALBERTINI, Giovanni LA VIA, Herbert DORFMANN, Iva ZANICCHI, Lara COMI, Licia RONZULLI, Marco SCURRIA, Mario MAURO, Raffaele BALDASSARRE, Roberta ANGELILLI, Salvatore IACOLINO, Sergio BERLATO, Sergio Paolo Francesco SILVESTRIS, Tiziano MOTTI, Vito BONSIGNORE
Germany PPE
Albert DESS, Andreas SCHWAB, Anja WEISGERBER, Axel VOSS, Bernd POSSELT, Birgit COLLIN-LANGEN, Birgit SCHNIEBER-JASTRAM, Burkhard BALZ, Christa KLASS, Christian EHLER, Daniel CASPARY, Dieter-Lebrecht KOCH, Doris PACK, Elisabeth JEGGLE, Elmar BROK, Hans-Gert PÖTTERING, Hans-Peter MAYER, Herbert REUL, Hermann WINKLER, Horst SCHNELLHARDT, Ingeborg GRÄSSLE, Joachim ZELLER, Karl-Heinz FLORENZ, Klaus-Heiner LEHNE, Manfred WEBER, Markus FERBER, Markus PIEPER, Michael GAHLER, Monika HOHLMEIER, Peter JAHR, Peter LIESE, Reimer BÖGE, Renate SOMMER, Sabine VERHEYEN, Thomas MANN, Thomas ULMER, Werner KUHN, Werner LANGEN
Hungary PPE
András GYÜRK, Béla GLATTFELDER, Csaba ŐRY, Erik BÁNKI, György SCHÖPFLIN, Ildikó GÁLL-PELCZ, József SZÁJER, Kinga GÁL, László SURJÁN, Lívia JÁRÓKA, Tamás DEUTSCH, Zoltán BAGÓ, Ágnes HANKISS
Romania PPE
Cristian Dan PREDA, Csaba SÓGOR, Elena BĂSESCU, Elena Oana ANTONESCU, Iosif MATULA, Iuliu WINKLER, László TŐKÉS, Marian-Jean MARINESCU, Monica MACOVEI, Petru Constantin LUHAN, Rareș-Lucian NICULESCU, Sebastian Valentin BODU, Theodor Dumitru STOLOJAN
Bulgaria PPE
Andrey KOVATCHEV, Iliana IVANOVA, Mariya GABRIEL, Nadezhda NEYNSKY, Svetoslav Hristov MALINOV, Vladimir URUTCHEV
Czechia PPE
Jan BŘEZINA, Zuzana ROITHOVÁ
Ireland PPE
Gay MITCHELL, Mairead McGUINNESS, Seán KELLY
Lithuania PPE
Algirdas SAUDARGAS, Laima Liucija ANDRIKIENĖ, Radvilė MORKŪNAITĖ-MIKULĖNIENĖ
Slovenia PPE
Alojz PETERLE, Milan ZVER, Romana JORDAN, Zofija MAZEJ KUKOVIČ
Netherlands PPE
Corien WORTMANN-KOOL, Ria OOMEN-RUIJTEN
Latvia PPE
Inese VAIDERE, Krišjānis KARIŅŠ, Kārlis ŠADURSKIS, Sandra KALNIETE
Portugal PPE
Carlos COELHO, Diogo FEIO, José Manuel FERNANDES, Maria da Graça CARVALHO, Maria do Céu PATRÃO NEVES, Nuno TEIXEIRA, Regina BASTOS
Belgium PPE
Anne DELVAUX, Marianne THYSSEN, Mathieu GROSCH
Luxembourg PPE
Astrid LULLING, Frank ENGEL, Georges BACH
Finland PPE
Eija-Riitta KORHOLA, Petri SARVAMAA, Sari ESSAYAH
Estonia PPE
Tunne KELAM
Ana MATO ADROVER, Max GALLO
France PPE
Agnès LE BRUN, Alain CADEC, Alain LAMASSOURE, Arnaud DANJEAN, Brice HORTEFEUX, Christine DE VEYRAC, Constance LE GRIP, Dominique RIQUET, Dominique VLASTO, Elisabeth MORIN-CHARTIER, Franck PROUST, Françoise GROSSETÊTE, Gaston FRANCO, Jean ROATTA, Jean-Marie CAVADA, Jean-Paul GAUZÈS, Jean-Pierre AUDY, Joseph DAUL, Marie-Thérèse SANCHEZ-SCHMID, Maurice PONGA, Nora BERRA, Philippe BOULLAND, Philippe JUVIN, Rachida DATI, Sophie AUCONIE, Tokia SAÏFI, Véronique MATHIEU HOUILLON
Abstain (1)
Michèle STRIFFLER
Slovakia PPE
Alajos MÉSZÁROS, Edit BAUER, Eduard KUKAN, Peter ŠŤASTNÝ
Sweden PPE
Alf SVENSSON, Anna IBRISAGIC, Anna Maria CORAZZA BILDT, Christofer FJELLNER, Gunnar HÖKMARK
Malta PPE
David CASA
Greece PPE
Georgios KOUMOUTSAKOS, Georgios PAPANIKOLAOU, Georgios PAPASTAMKOS, Ioannis A. TSOUKALAS, Marietta GIANNAKOU, Rodi KRATSA-TSAGAROPOULOU
Cyprus PPE
Eleni THEOCHAROUS, Ioannis KASOULIDES
Spain PPE
Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Alejo VIDAL-QUADRAS, Carlos ITURGAIZ, Carmen FRAGA ESTÉVEZ, Cristina GUTIÉRREZ-CORTINES, Esther HERRANZ GARCÍA, Eva ORTIZ VILELLA, Francisco José MILLÁN MON, Jaime MAYOR OREJA, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA, María Auxiliadora CORREA ZAMORA, Pablo ZALBA BIDEGAIN, Pilar del CASTILLO VERA, Salvador SEDÓ i ALABART, Santiago FISAS AYXELÀ, Teresa JIMÉNEZ-BECERRIL BARRIO, Verónica LOPE FONTAGNÉ
Austria PPE
Elisabeth KÖSTINGER, Heinz K. BECKER, Hubert PIRKER, Paul RÜBIG, Richard SEEBER
Italy ALDE
Andrea ZANONI, Giommaria UGGIAS, Niccolò RINALDI, Sonia ALFANO
Germany ALDE
Alexander Graf LAMBSDORFF, Alexander Nuno PICKART ALVARO, Alexandra THEIN, Britta REIMERS, Gesine MEISSNER, Holger KRAHMER, Jorgo CHATZIMARKAKIS, Jürgen CREUTZMANN, Michael THEURER, Wolf KLINZ
United Kingdom ALDE
Andrew DUFF, Baroness Sarah LUDFORD, Bill NEWTON DUNN, Catherine BEARDER, Chris DAVIES, Fiona HALL, George LYON, Rebecca TAYLOR, Sir Graham WATSON
Romania ALDE
Adina-Ioana VĂLEAN, Norica NICOLAI, Ramona Nicole MĂNESCU, Renate WEBER
Bulgaria ALDE
Antonyia PARVANOVA, Metin KAZAK, Stanimir ILCHEV, Vladko Todorov PANAYOTOV
Ireland ALDE
Brian CROWLEY, Liam AYLWARD, Marian HARKIN, Pat the Cope GALLAGHER
Lithuania ALDE
Leonidas DONSKIS
Slovenia ALDE
Ivo VAJGL, Jelko KACIN
Netherlands ALDE
Antonius MANDERS, Jan MULDER
Belgium ALDE
Annemie NEYTS-UYTTEBROECK, Frédérique RIES, Guy VERHOFSTADT, Louis MICHEL
Luxembourg ALDE
Finland ALDE
Anneli JÄÄTTEENMÄKI, Hannu TAKKULA, Nils TORVALDS
Estonia ALDE
Kristiina OJULAND, Siiri OVIIR, Vilja SAVISAAR-TOOMAST
France ALDE
Marielle DE SARNEZ, Nathalie GRIESBECK, Robert ROCHEFORT, Sylvie GOULARD
Against (2)
Corinne LEPAGE, Jean-Luc BENNAHMIAS
Slovakia ALDE
Sergej KOZLÍK
Denmark ALDE
Anne E. JENSEN, Jens ROHDE, Morten LØKKEGAARD
Sweden ALDE
Kent JOHANSSON, Marit PAULSEN, Olle SCHMIDT
Greece ALDE
Theodoros SKYLAKAKIS
Spain ALDE
Izaskun BILBAO BARANDICA
Poland ECR
Adam BIELAN, Janusz WOJCIECHOWSKI, Konrad SZYMAŃSKI, Marek Henryk MIGALSKI, Marek Józef GRÓBARCZYK, Michał Tomasz KAMIŃSKI, Mirosław PIOTROWSKI, Paweł Robert KOWAL, Ryszard Antoni LEGUTKO, Ryszard CZARNECKI, Tomasz Piotr PORĘBA
Hungary ECR
Lajos BOKROS
United Kingdom ECR
Anthea McINTYRE, Ashley FOX, Emma McCLARKIN, Geoffrey VAN ORDEN, Jacqueline FOSTER, James ELLES, James NICHOLSON, Julie GIRLING, Kay SWINBURNE, Malcolm HARBOUR, Marina YANNAKOUDAKIS, Martin CALLANAN, Nirj DEVA, Richard ASHWORTH, Sajjad KARIM, Struan STEVENSON, Timothy Charles Ayrton TANNOCK, Vicky FORD
Czechia ECR
Andrea ČEŠKOVÁ, Edvard KOŽUŠNÍK, Evžen TOŠENOVSKÝ, Hynek FAJMON, Ivo STREJČEK, Jan ZAHRADIL, Milan CABRNOCH, Miroslav OUZKÝ, Oldřich VLASÁK
Lithuania ECR
Valdemar TOMAŠEVSKI
Latvia ECR
Roberts ZĪLE
Denmark ECR
Anna ROSBACH
Poland EFD
Jacek Olgierd KURSKI, Jacek WŁOSOWICZ, Tadeusz CYMAŃSKI, Zbigniew ZIOBRO
Italy EFD
Claudio MORGANTI, Francesco Enrico SPERONI, Giancarlo SCOTTÀ, Lorenzo FONTANA, Magdi Cristiano ALLAM, Mara BIZZOTTO, Mario BORGHEZIO, Matteo SALVINI, Oreste ROSSI
United Kingdom EFD
Derek Roland CLARK, John BUFTON, John Stuart AGNEW, Marta ANDREASEN, Roger HELMER
Lithuania EFD
Juozas IMBRASAS
Netherlands EFD
Bas BELDER
Belgium EFD
Frank VANHECKE
Finland EFD
Sampo TERHO
Slovakia EFD
Jaroslav PAŠKA
Greece EFD
Niki TZAVELA, Nikolaos SALAVRAKOS
GUE/NGL
Germany GUE/NGL
Gabriele ZIMMER, Lothar BISKY
Sabine LÖSING, Sabine WILS
Cornelia ERNST, Helmut SCHOLZ, Jürgen KLUTE, Thomas HÄNDEL
United Kingdom GUE/NGL
Martina ANDERSON
Czechia GUE/NGL
Jaromír KOHLÍČEK, Jiří MAŠTÁLKA, Miloslav RANSDORF, Vladimír REMEK
Ireland GUE/NGL
Paul MURPHY
Netherlands GUE/NGL
Kartika Tamara LIOTARD
Latvia GUE/NGL
Alfreds RUBIKS
Portugal GUE/NGL
Alda SOUSA, Marisa MATIAS
Inês Cristina ZUBER, João FERREIRA
France GUE/NGL
Marie-Christine VERGIAT
Jacky HÉNIN, Jean-Luc MÉLENCHON, Younous OMARJEE
Sweden GUE/NGL
Mikael GUSTAFSSON
Greece GUE/NGL
Charalampos ANGOURAKIS, Nikolaos CHOUNTIS
Cyprus GUE/NGL
Kyriacos TRIANTAPHYLLIDES, Takis HADJIGEORGIOU
Spain GUE/NGL
Hungary NI
Csanád SZEGEDI
Krisztina MORVAI
United Kingdom NI
Andrew Henry William BRONS, Diane DODDS, Nick GRIFFIN
Romania NI
Adrian SEVERIN, Corneliu VADIM TUDOR
Bulgaria NI
Dimitar STOYANOV
Netherlands NI
Daniël van der STOEP
Belgium NI
Philip CLAEYS
France NI
Bruno GOLLNISCH, Marine LE PEN
Spain NI
Austria NI
Angelika WERTHMANN
Andreas MÖLZER, Ewald STADLER, Franz OBERMAYR, Hans-Peter MARTIN, Martin EHRENHAUSER
Verts/ALE
Germany Verts/ALE
Against (14)
Barbara LOCHBIHLER, Elisabeth SCHROEDTER, Franziska Katharina BRANTNER, Gerald HÄFNER, Heide RÜHLE, Helga TRÜPEL, Jan Philipp ALBRECHT, Martin HÄUSLING, Michael CRAMER, Rebecca HARMS, Reinhard BÜTIKOFER, Ska KELLER, Sven GIEGOLD, Werner SCHULZ
United Kingdom Verts/ALE
Alyn SMITH, Jean LAMBERT, Keith TAYLOR
Latvia Verts/ALE
Tatjana ŽDANOKA
Portugal Verts/ALE
Belgium Verts/ALE
Bart STAES, Philippe LAMBERTS
Luxembourg Verts/ALE
Claude TURMES
Finland Verts/ALE
Satu HASSI, Tarja CRONBERG
Estonia Verts/ALE
Indrek TARAND
France Verts/ALE
Catherine GRÈZE, Daniel COHN-BENDIT, Eva JOLY, Hélène FLAUTRE, Jean-Jacob BICEP, José BOVÉ, Karima DELLI, Malika BENARAB-ATTOU, Michèle RIVASI, Nicole KIIL-NIELSEN, Sandrine BÉLIER, Yannick JADOT, Yves COCHET
Denmark Verts/ALE
Margrete AUKEN
Sweden Verts/ALE
Amelia ANDERSDOTTER, Carl SCHLYTER, Christian ENGSTRÖM, Isabella LÖVIN
Greece Verts/ALE
Nikos CHRYSOGELOS
Spain Verts/ALE
Ana MIRANDA, Raül ROMEVA i RUEDA
Austria Verts/ALE
Eva LICHTENBERGER, Ulrike LUNACEK
Poland S&D
Adam GIEREK, Janusz ZEMKE, Joanna SENYSZYN, Lidia Joanna GERINGER DE OEDENBERG, Marek SIWIEC, Wojciech Michał OLEJNICZAK
Italy S&D
Andrea COZZOLINO, David Maria SASSOLI, Debora SERRACCHIANI, Francesco DE ANGELIS, Gianluca SUSTA, Gianni PITTELLA, Guido MILANA, Leonardo DOMENICI, Luigi BERLINGUER, Mario PIRILLO, Paolo DE CASTRO, Pier Antonio PANZERI, Pino ARLACCHI, Rita BORSELLINO, Roberto GUALTIERI, Salvatore CARONNA, Sergio Gaetano COFFERATI, Silvia COSTA, Vittorio PRODI
Germany S&D
Barbara WEILER, Bernd LANGE, Bernhard RAPKAY, Birgit SIPPEL, Constanze KREHL, Dagmar ROTH-BEHRENDT, Evelyne GEBHARDT, Ismail ERTUG, Jens GEIER, Jo LEINEN, Jutta HAUG, Jutta STEINRUCK, Kerstin WESTPHAL, Knut FLECKENSTEIN, Matthias GROOTE, Norbert GLANTE, Norbert NEUSER, Peter SIMON, Petra KAMMEREVERT, Udo BULLMANN, Ulrike RODUST, Wolfgang KREISSL-DÖRFLER
Hungary S&D
Csaba Sándor TABAJDI, Edit HERCZOG, Kinga GÖNCZ, Zita GURMAI
United Kingdom S&D
Arlene McCARTHY, David MARTIN
Brian SIMPSON, Catherine STIHLER, Dame Glenis WILLMOTT, Derek VAUGHAN, Linda McAVAN, Michael CASHMAN, Peter SKINNER, Richard HOWITT, Stephen HUGHES
Romania S&D
Claudiu Ciprian TĂNĂSESCU, Corina CREȚU, Cătălin Sorin IVAN, Daciana Octavia SÂRBU, George Sabin CUTAȘ, Ioan ENCIU, Ioan Mircea PAŞCU, Minodora CLIVETI, Victor BOŞTINARU, Viorica DĂNCILĂ
Bulgaria S&D
Evgeni KIRILOV, Iliana IOTOVA, Ivailo KALFIN
Czechia S&D
Libor ROUČEK, Olga SEHNALOVÁ, Pavel POC, Richard FALBR, Robert DUŠEK, Vojtěch MYNÁŘ, Zuzana BRZOBOHATÁ
Ireland S&D
Emer COSTELLO, Nessa CHILDERS, Phil PRENDERGAST
Lithuania S&D
Justas Vincas PALECKIS, Vilija BLINKEVIČIŪTĖ
Slovenia S&D
Mojca KLEVA KEKUŠ, Tanja FAJON
Netherlands S&D
Thijs BERMAN
Portugal S&D
Edite ESTRELA, Elisa FERREIRA, Luis Manuel CAPOULAS SANTOS, Vital MOREIRA
Belgium S&D
Kathleen VAN BREMPT, Saïd EL KHADRAOUI, Véronique DE KEYSER
Luxembourg S&D
Robert GOEBBELS
Finland S&D
Liisa JAAKONSAARI, Mitro REPO
Estonia S&D
Ivari PADAR
France S&D
António Fernando CORREIA DE CAMPOS, Bernadette VERGNAUD, Catherine TRAUTMANN, Françoise CASTEX, Gilles PARGNEAUX, Henri WEBER, Isabelle THOMAS, Jean Louis COTTIGNY, Liem HOANG NGOC, Patrice TIROLIEN, Pervenche BERÈS, Sylvie GUILLAUME
Slovakia S&D
Boris ZALA, Katarína ROTH NEVEĎALOVÁ, Monika BEŇOVÁ, Monika SMOLKOVÁ, Vladimír MAŇKA
Denmark S&D
Britta THOMSEN, Christel SCHALDEMOSE, Dan JØRGENSEN, Ole CHRISTENSEN
Sweden S&D
Anna HEDH, Göran FÄRM, Jens NILSSON, Marita ULVSKOG, Olle LUDVIGSSON, Åsa WESTLUND
Malta S&D
John ATTARD-MONTALTO, Joseph CUSCHIERI
Greece S&D
Anni PODIMATA, Chrysoula PALIADELI, Dimitrios DROUTSAS, Georgios STAVRAKAKIS, Kriton ARSENIS, Maria Eleni KOPPA, Spyros DANELLIS, Sylvana RAPTI
Cyprus S&D
Antigoni PAPADOPOULOU, Sophocles SOPHOCLEOUS
Spain S&D
Alejandro CERCAS, Andrés PERELLÓ RODRÍGUEZ, Antolín SÁNCHEZ PRESEDO, Antonio MASIP HIDALGO, Carmen ROMERO LÓPEZ, Dolores GARCÍA-HIERRO CARABALLO, Eider GARDIAZABAL RUBIAL, Emilio MENÉNDEZ del VALLE, Enrique GUERRERO SALOM, Inés AYALA SENDER, Iratxe GARCÍA PÉREZ, Josefa ANDRÉS BAREA, Juan Fernando LÓPEZ AGUILAR, Luis YÁÑEZ-BARNUEVO GARCÍA, Maria BADIA i CUTCHET, María IRIGOYEN PÉREZ, María MUÑIZ DE URQUIZA, Miguel Angel MARTÍNEZ MARTÍNEZ, Raimon OBIOLS, Teresa RIERA MADURELL, Vicente Miguel GARCÉS RAMÓN
Austria S&D
Evelyn REGNER, Hannes SWOBODA, Josef WEIDENHOLZER, Jörg LEICHTFRIED, Karin KADENBACH
Amendments Dossier
149 2011/0238(COD)
2012/01/06 INTA 10 amendments...
Amendment 13 #
Daniel CASPARY
Proposal for a decision
Recital 10
(10) The Commission should, on its own initiative or on request from the Member State which has negotiated the intergovernmental assess the compatibility of the negotiated agreement with Union law before the agreement, have the right to assess the compatibility of the negotiated agreement with Union law before the agreement has been signes been signed and submit an opinion as to whether any renegotiation of the agreement is required on the basis of provisions under Union law to which the Member States concerned should have due regard.
Bernd LANGE
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.
(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.
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.
Silvana KOCH-MEHRIN
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 improve the Union's energy security, the functioning of the internal market for energy and the consistency and coherence of the Union's external action in the field of energy.
1. The Commission may on its own initiative until four weeks after it has been informed of the closure of the negotiations at the latest or on request from the Member State which has negotiated the intergovernmental agreement, assess the compatibility of the negotiated agreement with Union law before the agreement has been signed. In case the Commission or the Member State concerned ask for such an ex-ante assessmentMember States shall submit negotiated but not yet signed draft intergovernmental agreements to the Commission for examination. The Commission shall, by four months after submission at the latest, assess the compatibility of the negotiated intergovernmental agreement with Union law, the negotiated but not yet signed draft intergovernmental agreement shall be submitted to the Commission for examinationespecially concerning competition law and internal energy market legislation, as well as with the Union's long-term energy and climate objectives. The Member State concerned shall refrain from signing the agreement for a period of four monin this following the submission of the draft intergovernmental agreementexamination period. In agreement with the Member State concerned, the examination period might be prolonged. When a compatibility control has been requested, iIn the absence of an opinion by the Commission within the examination period, the Commission shall be deemed not to have raised objections.
Article 6 – paragraph 1 - introductory part
1. The Commission shall facilitate and encourage the coordination among Member States with the view to:
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.
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.
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 #
The Commission may on its own initiative until four weeks after it has been informed of the closure of the negotiations at the latest or on request from the Member State which has negotiated the intergovernmental agreement, assess the compatibility of the negotiated agreement with Union law before the agreement has been signed. In caseAs early as possible and not later than two weeks after closure of the negotiations the Member State concerned shall inform the Commission orf the Member State concerned ask for such an ex-ante assessment of the negotiated intergovernmental agreement with Union law, the negotiated but not yet signed draft intergovernmental agreement shall be submitted to the Commission for examination. The Member State concerned shall refrain from signing the agreement for a period of four months followingclosure of the negotiations and shall submit the negotiated but not yet signed draft intergovernmental agreement, including annexes thereto and other texts to which it refers explicitly, to the subCommission of the draft intergovernmental agreement. In agreement with the Member State concerned, the examination period might be prolonged. When a compatibility control has been requested, in the absence of an opinion by the Commission within the examination period, the Commission shall be deemed not to have raised objecfor examination. However, agreements between commercial entities are not subject to this obligations.
Marian-Jean MARINESCU
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, assessMember States shall inform the Commission as regards the closure of the negotiations before the agreement has been signed and shall submit to the cCompatibility of the negotiated agreement with Union law before the agreement has been signed. In case the Commission or the Member State concerned ask for such an ex-ante assessment of the negotiated intergovernmental agreement with Union law, the negotiated but not yet signed draft intergovernmental agreement shall be submittmission the draft agreement. Within 4 weeks after it has been informed of the closure of the negotiations, the Commission shall communicate to the Member State concerned its comments regarding the incompatibility with Union law, if any. Before the agreement is signed, to the Commission for examination. The Member State concerned shall refrain from signing the agreement for a period of four months followinghe Member State concerned shall take due account of the subCommission of the draft intergovernmental agreement. In agreement with the Member State concerned, the examination period might be prolonged. When a compatibility control has been requested, i's final recommendations in the draft agreement and, if necessary, renegotiate the agreement. In the absence of an opinion by the Commission within the examination period, the Commission shall be deemed not to have raised objections.
Alejo VIDAL-QUADRAS, Cristina GUTIÉRREZ-CORTINES
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 agreemenWith regard to intergovernmental agreements submitted pursuant to Article 3(3), not later than three months after the submission of the intergovernmental agreement, the Commission shall, on its own initiative or on request from the Member State which submitted it, assess theits compatibility of the negotiated agreement with Union law before the agreement has been signed. In case the Commission with Union law and inform the Member State concerned ask for such an ex-ante assessment of the negotiated intergovernmental agreement with Union law,about any incompatibility identified in this assessment, explaining the nlegotiated but not yet signed draft intergovernmental agreement shall be submitted to the Commission for exaal reasons of such a incompatibility and proposing a solution to eliminatione it. The Member State concerned shall refrain from signing the agreement for a period of four months followwithing the submissat periond of the draft intergovernmental agreementree months. In agreement with the Member State concerned, the examination period might be prolonged. When a compatibility control has been requested, in the absence of an opinion by the Commission within the examination period, the Commission shall be deemed not to have raised objections.
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 fromAs early as possible and not later than two weeks after the closure of the negotiations, the Member State which has negotiated the intergovernmental agreement, assess the compatibility of the negotiated agreement with Union law before the agreement has been signed. In caseconcerned shall inform the Commission orf the Member State concerned ask for such an ex-ante assessment of the negotiated intergovernmental agreement with Union law, the negotiated but not yet signed draft intergovernmental agreement shall be submitted to the Commission for examination. The Member State concerned shall refrain from signing the agreement for a period of four months followingclosure of the negotiations and shall submit the negotiated but not yet signed draft intergovernmental agreement, including annexes thereto and other texts to which it refers explicitly, to the subCommission of the draft intergovernmental agreement. In agreement with the Member State concerned, the examination period might be prolonged. When a compatibility control has been requested, in the absence of an opinion by the Commission within the examination period, the Commission shall be deemed not to have raised objecfor examination. However, agreements between commercial entities are not subject to this obligations.
The Commission may on its own initiative until four weeks after it has been informed of the closure of the negotiations at the latest or on request from the Member State which has negotiated the intergovernmental agreement, assess the compatibility of the negotiated agreement with Union law before the agreement has been signed. In case the Commission or the Member State concerned ask for such an ex-ante assessmentMember States shall submit negotiated but not yet signed draft intergovernmental agreements to the Commission for examination. The Commission shall, until four months after submission at the latest, assess the compatibility of the negotiated intergovernmental agreement with Union law, the negotiated but not yet signed draft intergovernmental agreement shall be submitted to the Commission for examination. The Member State concerned shall refrain from signing the agreement for a period of four months following the submission of the draft intergovernmental agreementespecially concerning competition law and internal energy market legislation, as well as with the Union's long-term energy and climate objectives. The Member State concerned shall refrain from signing the agreement in this examination period. In agreement with the Member State concerned, the examination period might be prolonged. When a compatibility control has been requested, iIn the absence of an opinion by the Commission within the examination period, the Commission shall be deemed not to have raised objections.
Giles CHICHESTER
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 fromAt the request of the Member State which has negotiated the intergovernmental agreement, the Commission shall assess the compatibility of the negotiated agreement with Union law before the agreement has been signed. In case the Commission or the Member State concerned ask for such an ex-ante assessment of the negotiated intergovernmental agreement with Union law, the negotiated but not yet signed draft intergovernmental agreement shall be submitted to the Commission for examination. The Member State concerned shall refrain from signing the agreement for a period of fourtwo months following the submission of the draft intergovernmental agreement. In agreement with the Member State concerned, the examination period might be prolonged. When a compatibility control has been requested, and to avoid any unnecessary delays in signing the agreement, the Commission shall inform the Member State as soon as possible before the end of the examination period if they do not intend to raise any objections. The Commission shall endeavour to express an opinion, positive or negative, on all compatibility control requests but in the absence of an opinion by the Commission within the examination period, the Commission shall be deemed not to have raised objections.
Takis HADJIGEORGIOU
The Commission may on its own initiative until four weeks after it has been informed of the closure of the negotiations at the latest or on request from the Member State which has negotiated the intergovernmental agreement, assess the compatibility of the negotiated agreement with Union law before the agreement has been signed. In case the Commission or the Member State concerned asks for such an ex-ante assessment of the negotiated intergovernmental agreement with Union law, the negotiated but not yet signed draft intergovernmental agreement shall be submitted to the Commission for examination. The Member State concerned shall refrain from signing the agreement for a period of four months following the submission of the draft intergovernmental agreement. In agreement with the Member State concerned, the examination period might be prolonged. When a compatibility control has been requested, in the absence of an opinion by the Commission within the examination period, the Commission shall be deemed not to have raised objections.
The Commission may on its own initiative, at the request of a Member State, until four weeks after it has been informed of the closure of the negotiations at the latest or on request from the Member State which has negotiated the intergovernmental agreement, assess the compatibility of the negotiated agreement with Union law before the agreement has been signed. In case the Commission or the Member State concerned asks for such an ex-ante assessment of the negotiated intergovernmental agreement with Union law, the negotiated but not yet signed draft intergovernmental agreement shall be submitted to the Commission for examination. The Member State concerned shall refrain from signing the agreement for a period of four months following the submission of the draft intergovernmental agreement. In agreement with the Member State concerned, the examination period might be prolonged. When a compatibility control has been requested, in the absence of an opinion by the Commission within the examination period, the Commission shall be deemed not to have raised objections.
Michael THEURER
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.
Alejo VIDAL-QUADRAS, Cristina GUTIÉRREZ-CORTINES, Pilar del CASTILLO VERA
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.
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.
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.
Bernd LANGE, Yannick JADOT
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.
Article 6 – paragraph 1 – introductory part
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;
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;
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.
András GYÜRK
(c) develop non-binding standard clauses on the basis of best practice, develop standard clauses, the use of which would ensure fullsignificantly improve compliance of future intergovernmental agreements with Union energy legislation.
(c) on the basis of best practice, develop standard clauses the use of whichat if applied would ensure full compliance of future intergovernmental agreements with Union energy legislation.
(ca) coordinate agreements with a view to guaranteeing that physical capacity and pipeline capacity are aligned and correspond to the energy and climate objectives as well as the level of security of supply developed through the Union's long-term energy and climate goals avoiding the Union to remain blocked with surplus capacity.
(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.
(ca) integrate the agreements into and make them part of the common European energy policy as described in the Roadmap 2050.
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.
When providing information to the Commission in accordance with Article 3, the Member State may indicate whether any part ofshall choose the information, in particular commercial in which the information, is to be regforwarded as confidential and whether the information provided can be shared with other Member States. The Commission shall respect these indications. Requests for confidentiality do not restrict access of the Commission itself to confidential informationto ensure that sensitive commercial information is protected.
When providing information to the Commission in accordance with Article 3, the Member State may indicate whether any part of the information, in particular commercial information,commercial information contained therein is to be regarded as confidential and whether the information provided can be shared with other Member States. The Commission shall respect these indications. Requests for confidentiality do not restrict access of the Commission itself to confidential information. All Member States shall receive summaries of the provisions that include information regarded as partially confidential.
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.
Article 8 – title
Reporting and Review
(1) Four years aAfter itsthe entry into force of this Decision, the Commission shall submit, each year, a report on theits application of this Decision to the European Parliament, the Council and the European Economic and Social Committee.
Rolandas PAKSAS
1. FourTwo years after its entry into force, the Commission shall submit a report on the application of this Decision to the European Parliament, the Council and the European Economic and Social Committee.
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.
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.
Article 10 – paragraph 1
This Decision is addressed to the Member States and entities under Article 3a.
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,
(2) Union-law requires Member States to take all appropriate measures to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Unionand the Third Energy Package. Member States should therefore avoid or eliminate any incompatibilities between Union law and international agreements concluded between Member States and third countries.
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.
(3) The proper functioning of the internal energy marketSafeguarding consumer protection requires that the procedures of energy imported into the Union from third countries, is fully governed by the rules establishing an internal energy market be transparent and take into account the economic interest of consumers. An internal energy market that is not functioning properly puts the EU in a vulnerable position with regard to security of energy supply. A high degree of transparency with regard to agreements between Member States and third countries in the field of energy would allow the Union to take coordinated action, in a spirit of solidarity, in order to ensure that such agreements are in accordance with Union legislation and effectively secure the supply of energy. However, it is critically important that Member states should retain responsibility for the content of the intergovernmental agreements.
(3) The proper functioning of the internal energy market requires that the energy imported into the Union from third countries, is fully governed by the rules establishing an internal energy market. An internal energy market that is not functioning properly puts the EU in a vulnerable position with regard to security of energy supply. A high degree of transparency with regard to agreements between Member States and third countries in the field of energy would allow the Union to take coordinated action, in a spirit of solidarity, in order to ensure that such agreements are in accordance with Union legislation and effectively secure the supply of energywith the Union's long-term energy and climate objectives, and effectively secure the supply of energy while avoiding the build-up of surplus capacity and therefore ensuring economic efficiency, sustainability and fair consumer prices.
Pilar del CASTILLO VERA, Alejo VIDAL-QUADRAS
(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.
(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 highn appropriate 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.
(4) The new information exchange mechanism should only cover intergovernmental agreements which are likley to have an impact on the internal market for energy or on the security of energy supply as these two issues are intrinsically linked. It should comprise in particular all intergovernmental agreements which have an impact on the supply of gas, oil or electricity through fixed infrastructure or which have an impact on the amount of energy imported into the Union from third countries. For the purpose of this Decision, agreements between Member States and publicly owned commercial entities in third countries should also be considered "intergovernmental agreements".
(4) The new information exchange mechanism should only cover intergovernmental agreements relating to the import of energy which are liklely to have an impact on the internal market for energy or on the security of energy supply as these two issues are intrinsically linked. It should comprise in particular all intergovernmental agreements which have an impact on the supply of gas, oil or electricity through fixed infrastructure or which have an impact on the amount of energy imported into the Union from third countries. The export of gas, oil or electricity is excluded from the mechanism.
Maria da Graça CARVALHO
(4) The new information exchange mechanism should only cover intergovernmental agreements which are likley to have an impact on the internal market for energy or on the security of energy supply as these two issues are intrinsically linked. It should comprise in particular all intergovernmental agreements which have an impact on the supply of gas, oil or electricity through fixed infrastructure or which have an impact on the amount of energy imported into the Union from third countries.
(4) The new information exchange mechanism should only cover intergovernmental agreements which are likley tomay have an impact on the internal market for energy or on the security of energy supply as these two issues are intrinsically linked. It should comprise in particular all intergovernmental agreements which have an impact on the supply of gas, oil or electricity through fixed infrastructure or which have an impact on the amount of energy imported into the Union from third countries.
(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.
Recital 4 b (new)
(4b) For agreements in energy trade concluded with third countries, which principally aim to eliminate trade barriers such as tariffs and quotas, Article 207 TFEU applies.
(5) Intergovernmental agreements which need to be notified in their entirety to the Commission on the basis of other Union acts such as [Regulation (EU) No …/… of the European Parliament and of the Council of … establishing transitional arrangements for bilateral investment agreements between Member States and third countries] should be excluded from the information exchange mechanism established by this Decision. The Commission should, however, undertake a screening of such bilateral investment agreements between Member States and third countries regarding specific energy provision contained therein, which have relevance to the scope of this Decision, and should submit a report to the European Parliament and the Council.
(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.
(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.
(7) This Decision shouldmust not concern agreements between commercial entities, except and only as far as the intergovernmental agreements refer explicitly to such commercial agreements. 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.
Fiorello PROVERA
(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. 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.
(9) Member States should already notify the intention to open negotiations to the Commissionhave the option of informing the Commission of negotiations with regard to new intergovernmental agreements or amendments to existing intergovernmental agreements. TWhere a Member State opts to inform the Commission, the Commission should be kept informed regularly on the ongoing negotiations. It should have the rightMember States may invite the Commission to participate as an observer in the negotiations. Member States may also request the Commission to assist them during their negotiations with third countries.
(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 within a reasonable period of time. The Commission should be kept informed regularly on the ongoing negotiations. It should have the right to participate as an observer in the negotiations. Member States may also request the Commission to assist them during their negotiations with third countries. However it is important not to jeopardise the ability of Member States to negotiate the content of the agreements.
(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. It should have the right to participate as an observer in the negotiations. Member States may also request the CommissionMember States may request the Commission to participate as an observer or to assist them during their negotiations with third countries.
(10) The Commission should, on its own initiative or on request from the Member State which has negotiated the intergovernmental assess the compatibility of the negotiated agreement with Union law and with the Union's long-term energy and climate objectives before the agreement, have the right to assess the compatibility of the negotiated agreement with Union law before the agreement has been signeds been signed, and should issue an opinion regarding the needs for re-negotiation resulting from requirements of Union law, which the concerned Member State should duly take into account. Where the Member State does not take due account of the opinion, the Commission should launch infringement proceedings.
(10) The Commission should, on its own initiative or on request from the Member State which has negotiated the intergovernmental agreement, have the right to assess the compatibility of the negotiated agreement with Union law before the agreement has been signed.
(10) The Commission shcould, on its own initiative orly on request from the Member State which has negotiated the intergovernmental agreement, have the right to assess the compatibility of the negotiated agreement with Union law before the agreement has been signed.
Gaston FRANCO, Alejo VIDAL-QUADRAS
(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.
(12) The Commission should make all receivedappropriate 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 regarding public access to European Parliament, Council and Commission documents.16
(12) The Commission should make all received information available to all other Member States in secure electronic form. The Commission should respect requests from Member States to treat information, in particular commercial information, submitted as confidential. Requests for confidentiality should however not restrict access of the Commission itself to confidential information as the Commission needs to have comprehensive information for its own assessment. The requests for confidentiality are without prejudice to the right of access to documents as provided for in Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents.16
(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.
(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. The use of these non- binding standard clauses should exclude conflicts of intergovernmental agreements with Union law.
(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.
(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.
Krišjānis KARIŅŠ, Bernd LANGE, Michael THEURER, Yannick JADOT
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.
(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.
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.
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.
Article 2 – paragraph 1 – point 1
(1) ''intergovernmental agreements'' means any legally binding agreements between Member States and third countries which are likely to have an impact on the operationin the field of energy. For the purpose orf the functioning of the internal market for energy or on the security of energy supply in the Unionis Decision, agreements between Member States and publicly owned commercial entities in third countries shall also be considered "intergovernmental agreements";
(1) 'intergovernmental agreements' means any 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 Union;
(1) 'intergovernmental agreements' means any legally binding agreements or memoranda of understanding between Member States and third countries which are likely to have an impact on the operation or the functioning of the internal market for energy or on the security of energy supply in the Union;
(1) 'intergovernmental agreements' means any legally binding agreements between Member States and third countries which are likely tomay have an impact on the operation or the functioning of the internal market for energy or on the security of energy supply in the Union;
Article 2 – paragraph 1 – point 2 a (new)
(2a) 'commercial agreements' means any legally binding agreements between commercial entities on the development, operation or the functioning of energy infrastructure, supplies or services from a third country which are likely to have an impact on the operation or the functioning of the internal market for energy or on the security of energy supply in the Union.
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. 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 cWithin six months of the submission of the intergovernmental agreements in their entirety, the Commission shall assess their compatibility with EU law, especially with EU competition law and legislation concerning the internal energy market. Should the Commission consider that an intergovernmental agreement is not compatible with EU law, the Member State concerned shall take all necessary steps to eliminate the incompatibility identified. The Commission shall make the received documents accessible in electronic form to all other Member States, but shall not disclose informations iderntified as communicated for the purposes of this Decisionnfidential by the Member State concerned.
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. Existing or provisionally applied intergovernmental agreements which have already been communicated in accordance with Regulation (EU) No 994/2010 Agreements between commercial entities are not subject to this obligation. Within 6 months following the submission of the intergovernmental agreements in their entirety, including their annexes and other texts they refer to explicitly and all amendments thereto, the Commission at the date of entry into force of this Decision, which are fulfilling the requishall assess their compatibility with Union law, in particular with EU competition law and internal energy market legislation. Where the submitted intergovernmental agreements of this paragraph, shall be considered as communicated is not compatible with Union law, the Member State shall take all appropriate steps to eliminate the incompatibility identified. The Commission shall make the received documents accessible in electronic form the purposes of this Decisiono all other Member States but shall not disclose information that is indicated as confidential by the respective Member State.
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 documentsWithin 6 months following the submission of the intergovernmental agreements in their entirety, including their annexes and other texts they refer to explicitly and all amendments thereto, the Commission shall communicate to the Member States concerned its comments regarding their compatibility with Union law. Member States shall make all efforts to comply with these comments as early as possible and at the latest in the course of first amending process or renegotiation. The Commission shall make the received documents, with the exception of confidential parts identified according to Article 7, along with their note regarding the incompatibility with Union law, if any, accessible in 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.
Alejo VIDAL-QUADRAS, Pilar del CASTILLO VERA, Cristina GUTIÉRREZ-CORTINES
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 State, with the exception of confidential parts identified according to Article 7, accessible in electronic form to all other Member States. In the event of incompatibility of the submitted intergovernmental agreements with Union law, the Commission shall launch infringement proceedings. 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.
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.
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 in electronic form to all other Member States in a suitable form ensuring that sensitive information is protected. 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.
1. Member States shallmay 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 Decisionwithin a reasonable period of time. The Commission shall make the received documents accessible in 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.
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 purposes of this Decision.
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. TWith the exception of confidential parts identified according to Article 7, the Commission shall make the received documents accessible in 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.
1. Member States shallmay 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. Agreements between commercial entities are not subject to this obligation. The Commission shall make the received documents accessible in 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.
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. 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.deleted
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. The Member State concerned shall keep the Commission informed regularly of the ongoing negotiations, with the exception of confidential parts identified according to Article 7, along with their note regarding the incompatibility with Union law, if any, accessible to all Member States in electronic form. The Member State concerned shall keep the Commission informed regularly of the ongoing negotiations. Within two weeks after the Member State's notification to the Commission, the Commission shall communicate to the Member States concerned its comments regarding the compatibility of the negotiated agreement with Union law. On request of the Commission or the Member State concerned, the Commission may participate as an observer in the negotiations.
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. The Member State concerned shall keep the Commission informed regularly of the ongoing negotiations. OnIf request ofed by the Commission or the Member State concerned, the Commission mayshall participate as an observer in the negotiations. The Commission shall provide the negotiating Member State with non-binding standard clauses developed in accordance with Article 6(1) and give further legal advice to the negotiating Member State on how to avoid incompatibility between the negotiated intergovernmental agreement and Union law. If the Member State requests the assistance of the Commission in the negotiations with the third country, the Commission shall provide the requested assistance.
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. 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 theMember State concerned shall keep the Commission informed regularly of the ongoing negotiations.
2. When a Member State intends to enter into negotiations with a third country in order to amend an existing intergovernmental agreement or to conclude a new intergovernmental agreement, the Member State shall inform the Commission in writing of its intention at the earliest possible moment but in no case later than 3 months before the envisaged opening of the negotiations. The information provided to the Commission shall include the relevant documentation, an indication of the provisions to be addressed in the negotiations, the objectives of the negotiations and other relevant information. In case of amendments to an existing agreement, the provisions that are to be renegotiated shall be indicated in the information provided to the Commission. The Commission shall make the received information accessible to all Member States in electronic form. The Member State concerned shall keep the Commission informed regularly of the ongoing negotiations. On request of the Commission or the Member State concerned, the Commission may participate as an observer in the negotiationsThe Commission shall have the right to participate in the negotiations as an observer and give legal advice at the request of the Member State concerned.
(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.
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 shallmay 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 formAgreements between commercial entities are not subject to this obligation. 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.
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. TWith the exception of confidential parts identified according to Article 7, the Commission shall make the received information accessible to all Member States in electronic form. The Member State concerned shall keep the Commission informed regularly of the ongoing negotiations. On request of the Commission or the Member State concerned, the Commission may participate as an observer in the negotiations.
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. 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.
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. The Member State concerned shall keep the Commission informed regularly of the ongoing negotiations. On request of the Commission or the Member State concerned,Member States may invite the Commission mayto participate as an observer in the negotiations.
2. When a Member State intends to enter into negotiations with a third country in order to amend an existing intergovernmental agreement or to conclude a new intergovernmental agreement, the Member State shall inform the Commission in writing of its intention at the earliest possible moment before the envisaged opening of the negotiations. The information provided to the Commission shall include the relevant documentation, an indication of the provisions to be addressed in the negotiations, the objectives of the negotiations and other relevant information. In case of amendments to an existing agreement, the provisions that are to be renegotiated shall be indicated in the information provided to the Commission. The Commission shall make the received information accessible to all Member States in secure electronic form. The Member State concerned shall keep the Commission informed regularly of the ongoing negotiations. On request of the Commission or the Member State concerned, the Commission may participate as an observer in the negotiations.
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.
2a. Member States are not required to provide the Commission with information they consider confidential.
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 tof the agreement, including theirits annexes and other texts. Furthermore, where these agreements or amendments refer to explicitly, to othe Commission which shall make the received docur texts, Member States shall submit those other texts insofar as they contain elements, with the excephich impact on the functioning of confidentithe internal pmarts identified according to Article 7, accessible to all other Member States in electronic formket for energy or on the security of energy supply in the Union. However, agreements between commercial entities are not subject to this obligation.
3. Upon ratification of an intergovernmental agreement or of an amendment to an intergovernmental agreement, the Member State concerned shallmay submit the agreement or the amendment of the agreement, including their annexes and other texts these agreements or amendments refer to explicitly, except for agreements between commercial entities, 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.
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.
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.
Article 3a Commercial Agreements and Memoranda of Understanding The Commission shall have the right to request access to an energy project's commercial agreement(s) and annexes or other documents and any memoranda of understanding from the commercial entities and Member States involved when an energy project starting or ending in a third country, which is likely to have an impact on the internal market for energy or on the security of energy supply, is not subject to an intergovernmental agreement. Upon such a request, the commercial entities or Member States involved shall have three months to submit the requested documents or a detailed explanation of why a project will not have an impact on the internal market for energy or on the security of energy supply. The Commission may accept this explanation or resubmit its request. Within 6 months following the submission of the requested documents, the Commission shall assess their compatibility with Union law, in particular with EU competition law and internal energy market legislation. Where a submitted commercial agreement or Memorandum of Understanding is not compatible with Union law, the commercial entities shall take all appropriate steps to eliminate the incompatibility identified. If the recommendations are not taken into account and serious doubts persist about the compatibility of a signed commercial agreement or Memorandum of Understanding, the Commission may request a Member State or Member States to consider launching legal proceedings against the signatories of the agreement or launch its own legal proceeding for which the treaties allow or in an appropriate international forum of which the Union is a member. The Commission shall not make the received documents accessible to all other Member States or other bodies and shall treat all documents received under this Article as confidential. Received documents shall be disclosed to appropriate respective authorities only in the case of a legal proceedings. Member States shall be informed that a request for documents under this Article has been made and whether a request is open, closed or has been withdrawn.
Assistance from the Commission 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 Member State may request the assistance of the Commission in the negotiations with the third country.deleted
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 Member State mayCommission, on its own initiative or on request of the assistance of the Commission in the negotiations with the third countryMember State, may participate as an observer in the negotiations with the third country and provide legal advice on how to reach an intergovernmental agreement in full compliance with Union law.
The Commission may on its own initiative until four weeks after it has been informed of the closure of the negotiations at the latest or on request from the Member State which has negotiated the intergovernmental agreement, assess the compatibility of the negotiated agreement with Union law before the agreement has been signed. In case tAs early as possible and not later than two weeks after closure of the negotiations, the Member State concerned shall inform the Commission of the closure of the negotiations and shall submit the negotiated but not yet signed draft intergovernmental agreement, including annexes thereto and other texts to which it refers explicitly, to the Commission for examination. The Commission shall inform theat Member State concerned ask for such an ex-ante assessment of the negotiated intergovernmental agreement with Union law, the negotiated but not yet signed draft intergovernmental agreement shall be submitted to the Commission for examination, within two months after being informed of the closure of the negotiations, of any doubts on the compatibility of the negotiated agreement, and annexes thereto and other texts to which it refers explicitly, with Union law, particularly with regard to trade and investment regulations, the internal energy market legislation and the Union's long-term energy and climate policy objectives. The Member State concerned shall refrain from signing the agreement for a period of fourtwo months following the submission of the draft intergovernmental agreement. In agreementthe absence of a response from the Commission within the Member State concerned, the examination period might be prolonged. When a compatibility control has been requested, in the absence of an opiat period, the Commission shall be deemed not to have raised objections. The Member State shall postpone the signing of an intergovernmental agreement for another two months if it has received a response from the Commission that the negotiated but not yet signed agreement is not compatible with Union law. Within those two months the Commission shall issue a legal opinion. Where the legal opinion identifies incompatibility between the negotiated agreement and Union bylaw, the Commission within the examination period, the Commission shall be deemed not to have raised objectionshall specify that incompatibility and shall make recommendations on how to eliminate the incompatibility. Member States shall take due account of the Commission's recommendations and, if necessary, renegotiate the agreement. If the recommendations are not taken into account and serious doubts persist about the compatibility of the signed intergovernmental agreement with Union law, the Commission shall consider launching infringement proceedings.
1. The Commission may on its own initiative uMember State which has negotiated the intergovernmential 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 tagreement shall, as early as possible and within two weeks after the closure of the negotiations, inform the Commission that the negotiations have been completed and submit the negotiated but not yet signed draft intergovernmental agreement, including its annexes and other texts explicitly referred to, to the Commission for examination. The cCompatibility of the negotiatedmission shall on its own initiative or on request from the Member State which has negotiated the intergovernmental agreement, with Union law before the agreement has been signed. In case the Commission in two months of being notified of the completion of the negotiations, inform the Member State concerned ask for such an ex-ante assessment of the negotiated intergovernmental agreement with Union law, the negotiated but not yet signed draft intergovernmental agreement shall be submitted to the Commission for examinationof any doubts regarding the compatibility of the negotiated agreement, including its annexes and other texts explicitly referred to, with Union law, especially with EU competition law and legislation concerning the internal energy market. The Member State concerned shall refrain from signing the agreement for a period of fourtwo months following the submission of the draft intergovernmental agreement. In agreement with the Member State concerned, the examination period might be prolonged. When a compatibility control has been requested, in the absence of an opinion by the Commission within the examination period, the Commission shall be deemed not to have raised objectionf the Commission has not responded within this period, it shall be deemed not to have raised objections. The Member State shall postpone the signing of an intergovernmental agreement for a further two months if it has received a reply from the Commission that the negotiated agreement is not compatible with EU law. The Commission shall deliver a legal opinion within these two months. 2. In its legal opinion, the Commission shall specify the incompatibility identified and make recommendations on how to eliminate this incompatibility. 3. The Member States shall take due account of the Commission's recommendations and renegotiate the agreement if necessary. If the recommendations are not taken into account and doubts remain as to whether the intergovernmental agreement is compatible with EU law, the Commission shall consider opening infringement proceedings.
The Commission may on its own initiative uBefore signing negotiated intergovernmential four weeks after it has been informed of the closure of the negotiations at the latest or on request from the Member State which has negotiated the intergovernmental agreement, assess the compatibility of the negotiated agreement with Union law before the agreement has been signed. In case the Commission or the Member State concerned ask for such an ex-ante assessment of the negotiated intergovernmental agreementagreements, Member States shall submit these to the Commission for examination. The Commission shall, within four weeks of submission, assess the compatibility of the negotiated agreement with Union law, especially as regards trade and investment rules and the internal energy market, as well as with the Union law, the negotiated but not yet signed draft intergovernmental agreement shall be submitted to the Commission for examination's long-term energy and climate objectives. The Member State concerned shall refrain from signing the agreement for a period of four months following the submission of the draft intergovernmental agreement. In agreement with the Member State concerned, the examination period might be prolonged. When a compatibility control has been requested, iIn the absence of an opinion by the Commission within the examination period, the Commission shall be deemed not to have raised objections.
2012/01/25 AFET 27 amendments...
Anneli JÄÄTTEENMÄKI, Kristiina OJULAND, Sir Graham WATSON
(2) Union-law requires Member States to take all appropriate measures to ensure fulfilment of the obligations arising out of the Treaties or, and especially Article 194 thereof, and resulting from the acts of the institutions of the Union. Member States should therefore avoid or eliminate any incompatibilities between Union law and international agreements concluded between Member States and third countries.
(3) The proper functioning of the internal energy market requires that energy imported into the Union from third countries is fully governed by the rules establishing an internal energy marketSafeguarding of consumers' protection requires that the procedures of energy imported into the Union from third countries are transparent and take into account the economic interest of consumers. An internal energy market that is not functioning properly puts the EU in a vulnerable position with regard to security of energy supply. A high degree of transparency with regard to agreements between Member States and third countries in the field of energy would allow the Union to take coordinated action, in a spirit of solidarity, in order to ensure that such agreements are in accordance with Union legislation and effectively secure the supply of energy. However, it is critically important that Member states should retain responsibility for the content of the intergovernmental agreements.
(4) The new information exchange mechanism should only cover intergovernmental agreements relating to import of energy which are liklely to have an impact on the internal market for energy or on the security of energy supply as these two issues are intrinsically linked. It should comprise in particular all intergovernmental agreements which have an impact on the supply of gas, oil or electricity through fixed infrastructure or which have an impact on the amount of energy imported into the Union from third countries. From the mechanism are excluded the exports of gas, oil or electricity.
Ivo BELET
(4) The new information exchange mechanism should only cover intergovernmental agreements which are liklely to have an impact on the internal market for energy or on the security of energy supply as these two issues are intrinsically linked. It should comprise in particular all intergovernmental agreements which have an impact on the supply of gas, oil or electricity through fixed infrastructure or which have an impact on the amount of energy imported into the Union from third countries.
(9) Member States should already notify the intention to opCommission when negotciations to the Commission with regard toon a new intergovernmental agreements or amendments to existing intergovernmental agreements have been started. The Commission should be kept informed regularly on the ongoing negotiations. It should have the rightMember States may invite the Commission to participate as an observer in the negotiations. Member States may also request the Commission to assist them during their negotiations with third countries.
(10) The Commission should, on its own initiative ormay on request from the Member State which has negotiated the intergovernmental agreement, hagive the right to assessan assessment of the compatibility of the negotiated agreement with Union law and inform that Member State of its position before the agreement has been signed.
(10) The Commission shcould, on its own initiative orly on request from the Member State which has negotiated the intergovernmental agreement, to have the right to assess the compatibility of the negotiated agreement with Union law before the agreement has been signed.
(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 regarding public access to European Parliament, Council and Commission documentand in the article 15 of Lisbon Treaty regarding public access to documents of the Union institutions, bodies, offices and agencies.
(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.
(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 standard clausedevelop models for the use in intergovernmental agreements between Member States and third countries. The use of these non- binding standard clausemodels should exclude conflicts of intergovernmental agreements with Union law.
Anneli JÄÄTTEENMÄKI, Sir Graham WATSON
(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.
(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.
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.
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. Tto the Commission at the latest three months after the entry into force of this Decision all intergovernmental agreements between them and third countries that entered into force after 13 July 2009, including their annexes and all amendments thereto, as well as other texts they refer to explicitly insofar as these other texts contain elements which have an operational impact on the functioning of the internal energy market or the security of energy supply. Member States may make available summaries of the information submitted. According to the instructions of the Member State concerned, the Commission shall make the received documents accessible in 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.
1. Member States shallcould 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 Decisionwithin a reasonable period of time. The Commission shall make the received documents accessible in 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.
2. When a Member State intends to enter intothe negotiations with a third country in order to amend an existing intergovernmental agreement have been started 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 ofthe objectives of the negotiations, the provisions to be addressed in the negotiations and other relevant information. In case of amendments to an existing agreement, the provisions that are to be renegotiated shall be indicated in the information provided to the Commission. The Commission shall make the received information accessible to all Member States in electronic form. The Member State concerned shall keep the Commission informed regularly of the ongoing negotiations. On request of the Commission or the Member State concerned, the Commission may participate as an observer in the negotiations.
2. When a Member State intends to enters 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 envisage opening of the negotiations. The information provided to the Commission shall include the relevant documentation, an indication of the provisions to be addressed in the negotiations, the objectives of the negotiations and other relevant information. In case of amendments to an existing agreement, the provisions that are to be renegotiated shall be indicated in the information provided to the Commission. The Commission shall make the received information accessible to all Member States in electronic form. The Member State concerned shall keep the Commission informed regularly of the ongoing negotiations. On request of the Commission or the Member State concerned, the Commission may participate as an observer in the negotiations.
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, to the Commission which insofar as these other texts contain elements which have an operational impact on the functioning of the internal energy market or the security of energy supply. Member States may make available summaries of the information submitted. According to the instructions of the Member State concerned, the Commission 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.
The Commission may on its own initiative until four weeks after it has been informed of the closure of the negotiations at the latest or on request from the Member State which has negotiated the intergovernmental agreement, assess the compatibility of the negotiated agreement with Union law before the agreement has been signed. In case the Commission or thnotified in accordance to Article 3(2) inform the Member State concerned on its opinion concerning the compatibility of the negotiated agreement with Union law. In case Member State concerned asks for such an ex-ante assessment of the negotiated intergovernmental agreement with Union law, the negotiated but not yet signed draft intergovernmental agreement shall be submitted to the Commission for examination. The Member State concerned shall refrain from signing the agreement for a period of fourtwo months following the submission of the draft intergovernmental agreement. In agreement with the Member State concerned, the examination period might be prolonged. When a compatibility control has been requested, i with two months. In the absence of an opinionassessment by the Commission within the examination period, the Commission shall be deemed not to have raised objections.
The Commission may on its own initiative until four weeks after it has been informed of the closure of the negotiations at the latest or on request from the Member State which has negotiated the intergovernmental agreement, assess the compatibility of the negotiated agreement with Union law before the agreement has been signed. In case the Commission or the Member State concerned ask for such an ex-ante assessment of the negotiated intergovernmental agreement with Union law, the negotiated but not yet signed draft intergovernmental agreement shall be submitted to the Commission for examination. The Member State concerned shall refrain from signing the agreement for a period of four months following the submission of the draft intergovernmental agreement. In agreement with the Member State concerned, the examination period might be prolonged. When a compatibility control has been requested, in the absence of an opinion by the Commission within the examination period, the Commission shall be deemed not to have raised objections.
Article 6 - paragraph 1 (a)
1. (a) review developments in relation to intergovernmental agreements; and ensure consistency and coherence in the EU's external energy relations with key producer, transit, and consumer countries;
Article 6 - paragraph 1 (b)
1. (b) identify common problems in relation to intergovernmental agreements and, to consider appropriate action to address these problems, and to propose possible solutions for the Member States;
Article 6 - paragraph 1 (c)
1. (c) on the basis of best practice, develop standard clausenon-binding models the use of which would ensure full compliance of future intergovernmental agreements with Union energy legislation.
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. The Requests for confidentiality do not restrict access of the Commission itself to confidential information.
Filter history Activities Activities.docs.celexid Activities.docs.url Commission Committees Council Docs Docs.body Docs.docs.url Events Events.docs.url Events.type Links Links.european commission.title Other Otherinst Procedure Procedure.dossier_of_the_committee Procedure.final.url Procedure.instrument Procedure.mandatory consultation of other institutions Procedure.other_consulted_institutions Procedure.subject
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https://www.europarl.europa.eu/doceo/document/ITRE-AM-480533_EN.html
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http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2011/0540/COM_COM(2011)0540_EN.pdf
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2011/0540/COM_COM(2011)0540_EN.pdf
Committee referral announced in Parliament, 1st reading
Vote in committee, 1st reading
events/3
Committee report tabled for plenary, 1st reading
url: https://www.europarl.europa.eu/doceo/document/A-7-2012-0264_EN.html title: A7-0264/2012
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.
url: http://www.europarl.europa.eu/doceo/document/A-7-2012-0264_EN.html title: A7-0264/2012
https://www.europarl.europa.eu/doceo/document/CRE-7-2011-09-12-TOC_EN.html
Decision by Parliament, 1st reading
url: https://www.europarl.europa.eu/doceo/document/TA-7-2012-0343_EN.html title: T7-0343/2012
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.
url: http://www.europarl.europa.eu/doceo/document/TA-7-2012-0343_EN.html title: T7-0343/2012
Industry, Research and Energy
name: KARIŅŠ Krišjānis date: 2011-10-26T00:00:00 group: European People's Party (Christian Democrats) abbr: PPE
name: LANGE Bernd group: Progressive Alliance of Socialists and Democrats abbr: S&D name: CREUTZMANN Jürgen group: Alliance of Liberals and Democrats for Europe abbr: ALDE name: JADOT Yannick group: Greens/European Free Alliance abbr: Verts/ALE name: SZYMAŃSKI Konrad group: European Conservatives and Reformists abbr: ECR
name: KARIŅŠ Krišjānis group: European People's Party (Christian Democrats) abbr: PPE
AFET
name: GIANNAKOU Marietta date: 2011-12-20T00:00:00 group: European People's Party (Christian Democrats) abbr: PPE
name: GIANNAKOU Marietta group: European People's Party (Christian Democrats) abbr: PPE
name: JADOT Yannick date: 2011-10-11T00:00:00 group: Greens/European Free Alliance abbr: Verts/ALE
name: JADOT Yannick group: Greens/European Free Alliance abbr: Verts/ALE
docs/5/body
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date: 2012-10-04T00:00:00 body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 3188
date: 2012-10-04T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
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body: EC dg: Energy commissioner: OETTINGER Günther
group: PPE name: GIANNAKOU Marietta
group: Verts/ALE name: JADOT Yannick
group: S&D name: LANGE Bernd group: ALDE name: CREUTZMANN Jürgen group: Verts/ALE name: JADOT Yannick group: ECR name: SZYMAŃSKI Konrad
group: PPE name: KARIŅŠ Krišjānis
body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 3188 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3188*&MEET_DATE=04/10/2012 date: 2012-10-04T00:00:00
date: 2011-12-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE475.868 title: PE475.868 type: Committee draft report body: EP
date: 2012-01-18T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:0155)(documentyear:2012)(documentlanguage:EN) title: CES0155/2012 type: Economic and Social Committee: opinion, report body: ESC
date: 2012-01-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE480.533 title: PE480.533 type: Amendments tabled in committee body: EP
date: 2012-01-30T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE478.354&secondRef=02 title: PE478.354 committee: INTA type: Committee opinion body: EP
date: 2012-02-07T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE478.667&secondRef=03 title: PE478.667 committee: AFET type: Committee opinion body: EP
date: 2012-10-11T00:00:00 docs: url: /oeil/spdoc.do?i=21924&j=0&l=en title: SP(2012)665 type: Commission response to text adopted in plenary
date: 2012-10-25T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F12&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00030/2012/LEX type: Draft final act body: CSL
date: 2016-02-16T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0054/COM_COM(2016)0054_EN.pdf title: COM(2016)0054 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2016&nu_doc=0054 title: EUR-Lex type: Follow-up document body: EC
date: 2016-04-22T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0054 title: COM(2016)0054 type: Contribution body: IT_SENATE
date: 2011-11-11T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2011)0540 title: COM(2011)0540 type: Contribution body: LU_CHAMBER
date: 2011-11-24T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2011)0540 title: COM(2011)0540 type: Contribution body: PT_PARLIAMENT
date: 2011-11-24T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2011)0540 title: COM(2011)0540 type: Contribution body: RO_CHAMBER
date: 2011-09-07T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2011/0540/COM_COM(2011)0540_EN.pdf title: COM(2011)0540 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2011&nu_doc=540 title: EUR-Lex 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. T he 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.
date: 2012-06-19T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
date: 2012-07-30T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-264&language=EN title: 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.
date: 2012-09-13T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=21924&l=en title: Results of vote in Parliament
date: 2012-09-13T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-343 title: 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.
date: 2012-10-04T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
date: 2012-10-25T00:00:00 type: Final act signed body: CSL
date: 2012-10-27T00:00:00 type: Final act published in Official Journal 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. LEGISLATIVE ACT: Decision No 994/2012/EU of the European Parliament and of the Council establishing an information exchange mechanism with regard to intergovernmental agreements between Member States and third countries in the field of energy. CONTENT: following agreement at first reading, the Council and the European Parliament adopted this Decision establishing a mechanism for the exchange of information between Member States and the Commission on intergovernmental agreements in the field of energy, in order to optimise the functioning of the internal energy market. Formulated as a response to the request by the European Council of 4 February 2011, this new mechanism is a big step forward in terms of the transparency and coordination of the external energy relations of the EU and its Member States . The mechanism will cover intergovernmental agreements that have an impact on the operation or functioning of the internal energy market or on the security of energy supply. Exchange of information between Member States and the Commission: by 17 February 2013, Member States will submit to the Commission all existing intergovernmental agreements, including annexes and amendments to those agreements. Where following its first assessment, the Commission has doubts as to the compatibility with Union law of agreements submitted to it, in particular with Union competition law and internal energy market legislation, it shall inform the Member States concerned accordingly within nine months of the submission of those agreements. With regard to existing intergovernmental agreements which have already been communicated to the Commission in accordance with Regulation (EU) No 994/2010 at the date of entry into force of the Decision, by 17 February 2013 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. Sharing information with other Member States : if a Member State considers an intergovernmental agreement to be confidential, it should provide the Commission with a summary of it for the purposes of sharing that summary with the other Member States. 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; (v) information on the main elements. The Commission shall make the summaries accessible in electronic form to all other Member States. Assistance from the Commission: 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, that Member State may request the assistance of the Commission in those negotiations, and the Commission may participate in the negotiations as an observer and provide the Member State concerned with advice on how to avoid incompatibility of the Member States may keep the Commission informed during the negotiations, whilst indicating whether this information may be shared with all other Member States. Compatibility assessment : where a Member State is negotiating an intergovernmental agreement or an amendment to an existing intergovernmental agreement and it 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 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 , inform the Member State concerned of any doubts it may have as to the compatibility of the draft intergovernmental agreement with Union law. It shall inform the Member State concerned of its opinion on the compatibility with Union law of the draft agreement or amendment concerned within 10 weeks of the date of receipt (the examination period). These time limits may be shortened in agreement with the Commission if circumstances so warrant. Confidentiality: the Commission must respect requests from Member States to treat information submitted to it as confidential. Requests for confidentiality will not, however, restrict access of the Commission itself to confidential information, as the Commission needs to have comprehensive information for its own assessments. 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. Requests for confidentiality are without prejudice to the right of access to documents as provided for in Regulation (EC) No 1049/2001. Report: by 1 January 2016, the Commission will present a report on the application of the Decision assessing, in particular, 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. It shall also assess: · the impact that the Decision has on Member States' negotiations with third countries; · whether the scope of the Decision and the procedures it lays down are appropriate. After submission of the first report, the Commission shall report every three years to the European Parliament and the Council on the information received under the mechanism, having due regard to the confidentiality provisions of the Decision. ENTRY INTO FORCE: 16/11/2012. docs: title: Decision 2012/994 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012D0994 title: OJ L 299 27.10.2012, p. 0013 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2012:299:TOC
body: EC dg: url: http://ec.europa.eu/dgs/energy/index_en.htm title: Energy commissioner: OETTINGER Günther
otherinst
name: European Economic and Social Committee
name: European Committee of the Regions
procedure/Mandatory consultation of other institutions
Economic and Social Committee Committee of the Regions
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012D0994
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012D0994
Repealed by 2016/0031(COD)
procedure/other_consulted_institutions
European Economic and Social Committee European Committee of the Regions
Cooperation and agreements for energy
Bilateral economic and trade agreements and relations
Relations with third countries
activities/0/docs/0/celexid
CELEX:52011PC0540:EN
date: 2011-09-07T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2011/0540/COM_COM(2011)0540_EN.pdf title: COM(2011)0540 type: Legislative proposal published celexid: CELEX:52011PC0540:EN body: EC type: Legislative proposal published commission: DG: url: http://ec.europa.eu/dgs/energy/index_en.htm title: Energy Commissioner: OETTINGER Günther
body: EP responsible: False committee: AFET date: 2011-12-20T00:00:00 committee_full: Foreign Affairs rapporteur: group: PPE name: GIANNAKOU Marietta
body: EP responsible: False committee: INTA date: 2011-10-11T00:00:00 committee_full: International Trade rapporteur: group: Verts/ALE name: JADOT Yannick
body: EP shadows: group: S&D name: LANGE Bernd group: ALDE name: CREUTZMANN Jürgen group: Verts/ALE name: JADOT Yannick group: ECR name: SZYMAŃSKI Konrad responsible: True committee: ITRE date: 2011-10-26T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: PPE name: KARIŅŠ Krišjānis
url: http://www.ipex.eu/IPEXL-WEB/dossier/dossier.do?code=COD&year=2011&number=0238&appLng=EN title: IPEX
url: http://ec.europa.eu/prelex/liste_resultats.cfm?CL=en&ReqId=0&DocType=COD&DocYear=2011&DocNum=0238 title: PreLex
Mandatory consultation of other institutions
Treaty on the Functioning of the EU TFEU 194-p3
Member States/third countries intergovernmental agreements in the field of energy: information exchange mechanism
COD - Ordinary legislative procedure (ex-codecision procedure)
url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012D0994 title: Decision 2012/994
3.60.10 Security of energy supply 3.60.15 Cooperation and agreements for energy 6.20.03 Bilateral economic and trade agreements and relations 6.40 Relations with third countries