Energy agreements with third countries (Decision)

In future, the European Commission wants to ensure the compatibility of intergovernmental agreements with EU law by way of "ex-ante checks" on energy agreements between EU members and third countries. In cep's view, however, this would constitute drastic intervention in the sovereignty of the Member States.


The obligatory ex-ante assessment of IGAs by the Commission is basically appropriate for recognising and preventing breaches of EU law at an early stage. It may increase legal certainty and reduce the risk of failure – e.g. in the planning of cross-border gas infrastructure projects. However, it would be a disproportionate intervention by the Commission in the sovereign power of the Member States.