8 Amendments of Eduard KUKAN related to 2016/0031(COD)
Amendment 15 #
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 cshould 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 including energy security objectives and the principle of solidarity between Member States and Union policy positions adopted in Council or European Council conclusions.
Amendment 19 #
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 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 should 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 toWhere the Commission finds that draft international agreement does not comply with Union law, the Member State(s) concerned should find a suitable solution to eliminate the incompatibility identified.
Amendment 23 #
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 accordingly.
Amendment 25 #
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. The Commission should also provide guidelines to avoid incompatibility of intergovernmental agreements with Union's energy security objectives. Their use should be optional, and it should be possible to adapt their content to any particular circumstance.
Amendment 27 #
Proposal for a decision
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘non-binding instrument’ means a legally non-binding arrangement between one or more Member States and one or more third countries, such as a memorandum of understanding, joint declaration, ministerial joint declaration, joint action or joint code of conduct, which contains interpretation of Union law, sets the conditions for energy supply (such as volumes and prices) or the development or operation of energy infrastructures;
Amendment 31 #
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 law and Union's energy security objectives.
Amendment 33 #
Proposal for a decision
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
Amendment 35 #
Proposal for a decision
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1