BUSINESSEUROPE position on Intergovernmental Agreements in the field of energy
- BUSINESSEUROPE stresses the role of Intergovernmental Agreements (IGAs) in the field of energy in securing access for European businesses to reliable and competitive sources. Such agreements underpin long term strategic investments and trade.
- European businesses are confident that governments and industry have already at their disposal the necessary guidance and expertise under existing EU law. We strongly believe that existing reporting obligations provide ample opportunities for ex-post assessment of IGAs and commercial contracts.
- EU business community has not received an analysis by the Commission that explains the need and reasons for a revision of the Decision on information exchange mechanism with regard to IGAs in the field of energy. It remains unclear how serious the problem is, to what extent competition is hindered and security of energy supply is undermined.
- BUSINESSEUROPE believes that any revision of the Intergovernmental Agreements Decision (IGAD) should be founded on principles of freedom to conduct business and trade, the right of good administration as well as on European law for protection of business secrets.
- If revised, an IGA information mechanism needs to be based on several principles, in particular:
Facilitate commercial entities in entering into investment and supply arrangements and provide adequate protection of commercial interests;
Avoid a mandatory ex-ante control mechanism that would be disproportionate, discourage trade and be in breach of with established European legal principles;
Target solely IGAs with an impact on the internal energy market or on the security of energy supply in the Union as assessed by member states;
Require business consent prior to the disclosure of sensitive private information and does not create obligations as regards to agreements between commercial entities;
Provide best practice examples and model clauses by the European
Commission whose application should remain optional.