Activities of Bendt BENDTSEN related to 2011/0238(COD)
Plenary speeches (1)
Intergovernmental agreements between Member States and third countries in the field of energy (debate)
Amendments (4)
Amendment 35 #
Proposal for a decision
Recital 5 a (new)
Recital 5 a (new)
(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.
Amendment 66 #
Proposal for a decision
Article 3 – paragraph 1
Article 3 – paragraph 1
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.
Amendment 98 #
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
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.
Amendment 110 #
Proposal for a decision
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
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.