Intergovernmental agreements in the field of energy

The European Commission has proposed a decision which would require Member States to submit draft intergovernmental agreements with non-EU countries in the field of energy to it before they are signed. The Commission would then check whether they are compliant with EU law, and Member States would have to take full account of the Commission's opinion.

At present, Member States are required to submit such agreements to the Commission after signature. The Commission considers the present system as ineffective. Although a third of the IGAs on energy infrastructure have been found to be non-compliant with EU law, none have been renegotiated so far. The Commission says the proposal would lead to greater legal certainty and reduced risks for investors and business partners. It would also lead to increased transparency on energy supply, supporting the aims of Energy Union.

Author: Gregor Erbach.

ESO: Background information: Proposal for a Decision of the European Parliament and of the Council on establishing an information exchange mechanism with regard to intergovernmental agreements and nonbinding instruments between Member States and third countries in the field of energy and repealing Decision No 994/2012/EU (COM (2016) 53) http://www.europeansources.info/record/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/

EP: EPRS: Briefing: Initial Appraisal of a European Commission Impact Assessment, April 2016: Intergovernmental agreements in the field of energy http://www.europarl.europa.eu/RegData/etudes/BRIE/2016/581378/EPRS_BRI(2016)581378_EN.pdf

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