Activities of Jean-Luc SCHAFFHAUSER related to 2016/0031(COD)
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 (47)
Amendment 28 #
Proposal for a decision
Citation 3 a (new)
Citation 3 a (new)
Having regard to the reasoned opinion of 30 March 2016 of the Austrian Federal Assembly 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 and the proposal for a regulation of the European Parliament and of the Council concerning measures to safeguard security of gas supply and repealing Regulation (EU) No 994/2010,
Amendment 29 #
Proposal for a decision
Citation 3 b (new)
Citation 3 b (new)
Having regard to the reasoned opinion of the French Senate of 11 April 2016 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,
Amendment 30 #
Proposal for a decision
Recital 1
Recital 1
(1) The proper functioning of the internal- state energy market requires that the energy imported into the Union be fully governcontrolled by and the rules establishing the internal energy market. An internal energy market that does not function properlyesponsibility of the Member States which are themselves responsible for their own security of energy supply. A regulated internal energy market that does not function properly and any weakness shown by the Member States will reduce the resilience of the supply system and puts the Union in a vulnerable and disadvantageous position with regard to security of energy supply, and undermines its potential benefits to Europeanthe consumers and industry of European countries.
Amendment 32 #
Proposal for a decision
Recital 2
Recital 2
Amendment 34 #
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 agreementis too cumbersome to implement and encroaches too much on the diplomacy and energy policy of Member States.
Amendment 38 #
Proposal for a decision
Recital 5
Recital 5
(5) In order to avoid any incompliancefailure to comply with Union law and enhance transparency, Member States should be able to 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 then be kept informed regularly of the progress of the negotiations. Those Member States that so wish should have the possibility to invite the Commission to participate in the negotiations as an observer.
Amendment 42 #
Proposal for a decision
Recital 6
Recital 6
(6) During the negotiations the Commission should have the possibility to advice on how to avoid incompatibility with Union law. In particular, the Commission could develop, together with Member States, optional model clauses or guidelines. The Commission should have the possibility to draw attention to the Union’s energy policy objectives and the principle of solidarity between Member States and Union policy positions adopted in Council or European Council conclusions.
Amendment 48 #
Proposal for a decision
Recital 7
Recital 7
(7) In order to ensure compliance withe security of energy supply of the Union law, Member States should be able to notify the draft intergovernmental agreement to the Commission before it becomes legally binding for the parties (ex-ante assistance). In a spirit of cooperation, the Commission should support the Member State in identifying compliancesecurity of supply issues of the draft intergovernmental agreement or amendment. The respective Member State would then be better prepared to conclude a Union law compliant agreement and provide them with legal and political support in concluding mutually advantageous agreements. The respective Member State would then be better prepared to conclude an agreement in keeping with their needs as regards security and continuity of supply and thus the security and continuity of supply of the Union. The Commission should have sufficient time for such an assessment in order to provide for as much legal and political certainty as possible while avoiding undue delays. In order to fully benefit from the Commission's support Member States should refrain from concludingbe able to ask for such support before the conclusion of an intergovernmental agreement until the Commission has informed the Member State of its assessment and its advice. The Member States should take all necessary steps to find a suitable solution to eliminate the incompatibility identifiedconclude an agreement that meets their security of supply needs and those of the Union as far as possible.
Amendment 54 #
Proposal for a decision
Recital 8
Recital 8
Amendment 60 #
Proposal for a decision
Recital 10
Recital 10
(10) This Decision should only apply to intergovernmental agreements that have an impact on the internal-state energy market or the security of energy supply in the Union. In case of doubt, Member States shcould consult the Commission. In principle, agreements that are no longer in force or are no longer applied do not have an impact on the internal-state energy market or on the security of energy supply in the Union and should therefore not be covered by this Decision.
Amendment 66 #
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 Becaused 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 accordinglyhey are legally non-binding, such instruments are not covered by this decision.
Amendment 80 #
Proposal for a decision
Recital 15
Recital 15
(15) If a Member State considers an intergovernmental agreement to be confidential, it shcould provide the Commission with a summary of it for the purposes of sharing that summary with the other Member States.
Amendment 82 #
Proposal for a decision
Recital 16
Recital 16
(16) A permanent exchange of information on intergovernmental agreements at Union level should enable best practices to be developed. On the basis of those best practices, the Commission, where appropriate in cooperation with the European External Action Service as regards the Union’s external policies, should develop optional model clauses to be used in intergovernmental agreements between Member States and third countries. The use of such model clauses should aim to avoid conflicts of intergovernmental agreements with Union law, in particular internal energy market rules and competition law, and conflicts with international agreements concluded by the Union. Their use should be optional, and it should be possible to adapt their content to any particular circumstance.
Amendment 87 #
Proposal for a decision
Recital 17
Recital 17
(17) The improved mutual knowledge of existing and new intergovernmental agreements and non-binding instruments should allow for better coordination in energy matters between Member States and between Member States and the Commission. Such improved coordination should enable Member States to fully benefit fully from the political and economic weight of the Union and enable the Commission to propose solutions for problems identified in the area of intergovernmental agreements.
Amendment 92 #
Proposal for a decision
Recital 18
Recital 18
(18) The Commissionuncil should facilitate and encourage coordination 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 95 #
Proposal for a decision
Recital 19
Recital 19
(19) Since the objective of this Decision, namely the exchange of information between Member States and the Commission with regard to intergovernmental agreements and non- binding instruments in the field of energy, cannot be sufficiently achieved by the Member States but can rather, by reason of the effects of this Decision, applicable in all Member States, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiaritrequires cooperation between the Member States of the Union to achieve greater effectiveness. The Commission only has set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Decision does not go beyond what is necessary in order to achieve this objectivean advisory role and can in no way replace the full competence of States according to the principles of subsidiarity and proportionality.
Amendment 97 #
Proposal for a decision
Recital 21
Recital 21
Amendment 100 #
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 111 #
Proposal for a decision
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
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.
Amendment 114 #
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 shall notifytransmit to the Commission this draft agreement or amendment together with any annexes thereto for ex-ante assessmentistance in accordance with Article 5. It shall, however, remain fully sovereign in its decisions.
Amendment 117 #
Proposal for a decision
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Where the draft intergovernmental agreement or amendment to an existing intergovernmental agreement refers explicitly to other texts, the respective Member State shallmay also submit those other texts in so far as they contain elements which may have an impact on the functioning of the internal-state energy market or on the security of energy supply in the Union. It shall, however, remain fully sovereign in its decisions.
Amendment 123 #
Proposal for a decision
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
Upon ratification of an intergovernmental agreement or of an amendment to an intergovernmental agreement, the Member State concerned shall notifytransmit the intergovernmental agreement or the amendment, including any annexes thereto, to the Commission.
Amendment 125 #
Proposal for a decision
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
Where the ratified intergovernmental agreement or amendment to the intergovernmental agreement refers explicitly to other texts, the Member State concerned shall alsomay submit those other texts in so far as they contain elements which may have an impact on the functioning of the internal-state energy market or on the security of energy supply in the Union.
Amendment 130 #
Proposal for a decision
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The obligation to notifyption of transmission to the Commission according to paragraphs 2 and 3 does not apply in respect of agreements between undertakings.
Amendment 132 #
Proposal for a decision
Article 3 – paragraph 5
Article 3 – paragraph 5
5. All notificattransmissions pursuant to paragraphs 1 to 3 of this Article, Article 6(1) and (2) and Article 7(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 140 #
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a Member State gives the Commission notice of negotiations pursuant to Article 3(1), the Commission services may provide it with advice on how to avoid the incompatibility of the intergovernmental agreement or of the amendment to an existing intergovernmental agreement under negotiation wiensure the security of its energy supply and that of the Union in order to obtain the most advantageous agreement for itself and for the Union law. That Member State may also request the assistance of the Commission in those negotiations.
Amendment 143 #
Proposal for a decision
Article 4 – paragraph 2
Article 4 – paragraph 2
2. At the request of the Member State concerned, or at the request of the Commission and with the written approval of the Member State concerned, the Commission may participate in the negotiations as an observer.
Amendment 150 #
Proposal for a decision
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Where the Commission participates in the negotiations as an observer, it may provide the Member State concerned with advice on how to avoid the incompatibility of the intergovernmental agreement or amendment under negotiation with Union lawand provide it with the support and solidarity of the Union in order to obtain an agreement that ensures the best possible security of supply.
Amendment 153 #
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The Commission shall, within six weeks of the date of notificattransmission 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 the Union law, in particular with internal energy market legislation and Union competition law's security of supply needs. In the absence of a response from the Commission within that period, the Commission shall be deemed not to have any such doubts.
Amendment 156 #
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 compatibilprovide ity with Union law, in particular with internal energy market legislation and Union competition law, of the draft intergovernmental agreement or amendment concernedits opinion within 12 weeks of the date of notificattransmission 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 161 #
Proposal for a decision
Article 5 – paragraph 4 – subparagraph 1
Article 5 – paragraph 4 – subparagraph 1
The Member State shall notmay sign, ratify or agree to the draft intergovernmental agreement or amendment to an existing intergovernmental agreement before until the Commission has informed the Member State of any doubts, in accordance with paragraph 1, or, where applicable, has issued its opinion in accordance with paragraph 2, or, in the absence of a response or opinion from the Commission, until the periods referred to in paragraphs 1 or, where applicable, 2, have elapsed, for the Member State remains sovereign in all circumstances.
Amendment 162 #
Proposal for a decision
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
When signing, ratifying or agreeing to an intergovernmental agreement or amendment, the Member State concerned shall take utmostmake take account of the Commission's opinion referred to in paragraph 2, but shall have the right to depart from it in order to uphold its vital interests, its security of supply and the strategic needs of its foreign policy according to the principles of subsidiarity and proportionality.
Amendment 169 #
Proposal for a decision
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
By [3 months following the entry into force of this Decision] at the latest Member States shall notifymay transmit to the Commission all existing intergovernmental agreements, including annexes and amendments thereto that they deem necessary for ensuring their security of supply.
Amendment 172 #
Proposal for a decision
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Where the existing intergovernmental agreement refers explicitly to other texts, the Member State concerned shall also submit those other texts in so far as they contain elements which may have an impact on the functioning of the internal energy market oralso on the security of energy supply in the Union.
Amendment 176 #
Proposal for a decision
Article 6 – paragraph 1 – subparagraph 3
Article 6 – paragraph 1 – subparagraph 3
The obligation to notifytransmit to the Commission according to this paragraph does not apply in respect of agreements between undertakings.
Amendment 177 #
Proposal for a decision
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Existing intergovernmental agreements which have already been notified to the Commission in accordance with Article 3(1) or (5) of Decision No 994/2012/EU, or point (a) of Article 13(6) of Regulation (EU) No 994/2010 at the date of entry into force of this Decision shall be considered as having been notifitransmitted for the purposes of paragraph 1 of this Article, provided that the notification meets the requirements of that paragraph.
Amendment 179 #
Proposal for a decision
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall assess intergovernmental agreements notifitransmitted in accordance with paragraph 1 or 2. Where, following its first assessment, the Commission has doubts as to the compatibility of those agreements with Union law, in particular with internal energy market legislation and Union competition lawthe security of supply of the Member State and the Union, the Commission shall inform the Member States concerned accordingly within nine months of the notificattransmission of those agreements.
Amendment 181 #
Proposal for a decision
Article 7
Article 7
Amendment 207 #
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 211 #
Proposal for a decision
Article 8 – paragraph 3 – subparagraph 2 – point d
Article 8 – paragraph 3 – subparagraph 2 – point d
Amendment 212 #
Proposal for a decision
Article 8 – paragraph 3 – subparagraph 2 – point e – paragraph 1
Article 8 – paragraph 3 – subparagraph 2 – point e – paragraph 1
Amendment 216 #
Proposal for a decision
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Requests for confidentiality under this Article shall notmay restrict the access of the Commission itself to confidential information. The Commission shall ensure that access to the confidential information is strictly limited to the Commission services for which it is absolutely necessary to have the information available.
Amendment 217 #
Proposal for a decision
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 222 #
Proposal for a decision
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) identifying common problems in relation to intergovernmental agreements and non-binding instruments and, considering appropriate action to address those problems and, where appropriate, proposing solutions;
Amendment 223 #
Proposal for a decision
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) on the basis of best practices and in consultation with Member States, developing optional model clauseadvice and negotiating parameters, which, if applied, would significantly improve compliance of future intergovernmental agreements and non-binding instruments wiwith the security of supply needs of Member States and of the Union law;
Amendment 226 #
Proposal for a decision
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) supporting, where appropriate, the development of multilateral intergovernmental agreements or non- binding instruments involving several Member States or the Union as a whole.
Amendment 231 #
2. The report shall, in particular, assess the extent to which this Decision promotes compliance of intergovernmental agreements and non-binding instruments wiwith the security of supply needs of Member States constituting the Union law and a high level of coordinperation between Member States with regard to intergovernmental agreements and non-binding instrusuch agreements. 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.