Activities of Neoklis SYLIKIOTIS related to 2016/0031(COD)
Plenary speeches (1)
Information exchange mechanism with regard to intergovernmental agreements and non-binding instruments in the field of energy (debate) EL
Shadow reports (1)
REPORT on the proposal for a decision of the European Parliament and of the Council on establishing an information exchange mechanism with regard to intergovernmental agreements and non-binding instruments between Member States and third countries in the field of energy and repealing Decision No 994/2012/EU PDF (783 KB) DOC (125 KB)
Amendments (24)
Amendment 31 #
Proposal for a decision
Recital 1 a (new)
Recital 1 a (new)
(1a) It is important not to jeopardise the ability of Member States to negotiate the content of the intergovernmental agreements.
Amendment 33 #
Proposal for a decision
Recital 4
Recital 4
(4) However, Decision No 994/2012/EU proved ineffective in terms of ensuring compliance of intergovernmental agreements with Union law. That Decision mainly relied on the assessment of intergovernmental agreements by the Commission after they were concluded by the Member States with a third country. Experience gained in the implementation of the Decision 994/2012/EU demonstrated that such an ex-post assessment does not fully exploit the potential for ensuring compliance of intergovernmental agreement with Union law. In particular, intergovernmental agreements often contain no appropriate termination or adaptation clauses which would allow Member States to bring the intergovernmental agreement in compliance with Union law within a reasonable period of time. Furthermore, the positions of the signatories have already been fixed, which creates political pressure not to change any aspect of the agreement.
Amendment 39 #
Proposal for a decision
Recital 5
Recital 5
(5) In order to avoid any incompliance with Union law and enhance transparency, Member States shcould, on a voluntary basis, inform the Commission of their intent to enter into negotiations with regard to new intergovernmental agreements or amendments to existing intergovernmental agreements as soon as possible. The Commission shcould be kept informed regularly of the progress of the negotiations. Member States should have the possibility, on a voluntary basis, to invite the Commission to participate in the negotiations as an observer.
Amendment 41 #
Proposal for a decision
Recital 6
Recital 6
(6) During the negotiations of an intergovernmental agreement, the Commission should have the possibility, at the request of the Member States involved, to advicse on how to avoid incompatibility with Union law. In particular, the Commission could develop, together with Member States, optional model clauses or guidelines. Tthat framework, the Commission should also have the possibility to draw attention of the Member States concerned to the Union’s energy policy objectives and the principle of solidarity between Member States and Union policy positions adopted in Council or European Council conclusions where relevant. However, this should not form part of the legal assessment of the Commission of the draft intergovernmental agreement or amendment.
Amendment 52 #
Proposal for a decision
Recital 7
Recital 7
(7) In order to ensure compliance with Union law, Member States should notify the draft intergovernmental agreement to the Commission before it becomes legally binding for the parties (ex-ante). In a spirit of cooperation, the Commission should support the Member State, following their request, in identifying compliance issues of the draft intergovernmental agreement or amendment. The respective Member State would then be better prepared to conclude a Union law compliant agreement. The Commission should have sufficient time for such an assessment in order to provide for as much legal certainty as possible while avoiding undue delays. In order to fully benefit from the Commission's support Member States shcould, on a voluntary basis, refrain from concluding an intergovernmental agreement until the Commission has informed the Member State of its assessment. The Member States should take all necessary steps to find a suitable solution to eliminate the incompatibility identified.
Amendment 53 #
Proposal for a decision
Recital 7 a (new)
Recital 7 a (new)
(7a) The Commission should consider shortening the periods provided for its assessment, in particular if a Member States so requests.
Amendment 67 #
Proposal for a decision
Recital 11
Recital 11
(11) Member States establish relations to third countries not only by concluding intergovernmental agreements, but also in the form of non-binding instruments. Even if legally non-binding, such instruments can be used to set out a detailed framework for energy infrastructure and energy supply. In this respect non-binding instruments can have similar impacts on the internal energy market as intergovernmental agreements as their implementation might result in a violation of Union law. In order to ensure greater transparency regarding all measures applied by Member States that can have an impact on the internal energy market and energy security, Member States should therefore submit to the Commission, ex post, also the respective non-binding instruments. The Commission should assess the submitted non-binding instruments and, if appropriate, inform the Member State accordinglyMember states should be able, on a voluntary basis, to submit to the Commission non-binding instruments for example legally non-binding arrangements between one or more Member States and one or more third countries which set conditions for energy supply or for the development of energy infrastructures.
Amendment 77 #
Proposal for a decision
Recital 14
Recital 14
(14) The Commission should make information it receives available to all other Member States in secure electronic form. The Commission should respect requests from Member States to treat information submitted to it 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 assessments. The Commission should be responsible for guaranteeing the application of the confidentiality clause. Requests for confidentiality should be 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 Council11 . _________________ 11 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 (OJ L 299, 27.10.2012, p. 13).
Amendment 91 #
Proposal for a decision
Recital 18
Recital 18
(18) The Commission should facilitate and encouragthe coordinperation between Member States with a view to enhancing the overall strategic role of the Union through a strong and effective coordinated approach to producer, transit, and consumer countries.
Amendment 98 #
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Decision establishes a mechanism for the exchange of information between Member States and the Commission with regard to intergovernmental agreements and non- binding instruments in the field of energy as defined in Article 2, in order to optimise the functioning of the internal energy market.
Amendment 105 #
Proposal for a decision
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘intergovernmental agreement’ means any legally binding agreement, regardless of its formal designation, between one or more Member States and one or more third countries thaving an impact on the operation or the functiont concerns: (a) the purchase, trade, sale, storage or supply of energy ing ofr the internal energy marketo at least one Member State; or on(b) the security of energy supply in the Unionconstruction or operation of energy infrastructure with a physical connection to at least one Member State; however, where such a legally binding agreement also covers other issues, only those provisions that related to those energy, includingssues and the general provisions applicable to those energy-related provisions, are deemed to constitute an ‘'intergovernmental agreement’';
Amendment 108 #
Proposal for a decision
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Amendment 109 #
Proposal for a decision
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 115 #
Proposal for a decision
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
As soon as an agreement has been reached by the parties on all the main elements of a draft intergovernmental agreement or an amendment to an existing intergovernmental agreement, but before the closure of formal negotiations, the Member State concerned shallthe Member State concerned could, on a voluntary basis, notify to the Commission this draft agreement or amendment together with any annexes thereto for ex-ante assessment in accordance with Article 5.
Amendment 116 #
Proposal for a decision
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Amendment 133 #
Proposal for a decision
Article 3 – paragraph 5
Article 3 – paragraph 5
5. All notifications pursuant to paragraphs 1 to 3 of this Article, Article 6(1) and (2) and Article 76(1) and (2) shall be made through a web- based application provided by the Commission. The periods referred to in Article 5(1) and (2) and Article 6(3) shall start to run on the date when the complete notification file has been registered in the application.
Amendment 155 #
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The Commission shall, within sixtwo weeks of the date of notification of the complete draft intergovernmental agreement or amendment, including annexes thereto, pursuant to Article 3(2), inform the Member State concerned of any doubts it may have as to the compatibility of the draft intergovernmental agreement or amendment with Union law, in particular with internal energy market legislation and Union competition law. In the absence of a response from the Commission within that period, the Commission shall be deemed not to have any such doubts.
Amendment 158 #
Proposal for a decision
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the Commission informs the Member State concerned pursuant to paragraph 1 that it has doubts, it shall inform the Member State concerned of its opinion on the compatibility with Union law, in particular with internal energy market legislation and Union competition law, of the draft intergovernmental agreement or amendment concerned within 12four weeks of the date of notification referred to in paragraph 1. In the absence of an opinion from the Commission within that period, the Commission shall be deemed not to have raised any objections.
Amendment 160 #
Proposal for a decision
Article 5 – paragraph 4 – subparagraph 1
Article 5 – paragraph 4 – subparagraph 1
Amendment 183 #
Proposal for a decision
Article 7
Article 7
Amendment 204 #
Proposal for a decision
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
When providing information to the Commission in accordance with Article 3(1) to (3), Article 6(1) and Article 76(1) and (2), 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.
Amendment 208 #
Proposal for a decision
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Where a Member State has identified as confidential in accordance with paragraph 1 an existing intergovernmental agreement, an amendment to an existing intergovernmental agreement, or a new intergovernmental agreement, an existing non-binding instrument, an amendment to an existing non-binding instrument or a new non-binding instrument, that Member State shall make available a summary of the information submitted.
Amendment 218 #
Proposal for a decision
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) reviewing developments in relation to intergovernmental agreements and non- binding instruments and striving for consistency and coherence in the Union’s external energy relations with producer, transit, and consumer countries;
Amendment 229 #
Proposal for a decision
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The report shall, in particular, assess the extent to which this Decision promotes compliance of intergovernmental agreements and non-binding instruments with Union law and a high level of coordination between Member States with regard to intergovernmental agreements and non-binding instruments. It shall also assess the impact that this Decision has on Member States’ negotiations with third countries and whether the scope of this Decision and the procedures it lays down are appropriate.