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Decision (EU) 2017/684 of the European Parliament and of the CouncilShow full title

Decision (EU) 2017/684 of the European Parliament and of the Council of 5 April 2017 on establishing an information exchange mechanism with regard to intergovernmental agreements and non-binding instruments between Member States and third countries in the field of energy, and repealing Decision No 994/2012/EU (Text with EEA relevance)

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Article 2Definitions

For the purposes of this Decision the following definitions apply:

(1)

‘intergovernmental agreement’ means any legally binding agreement, regardless of its formal designation, between one or more Member States and one or more third countries, or between one or more Member States and an international organisation, which concerns:

(a)

the purchase, trade, sale, transit, storage or supply of energy in or to at least one Member State; or

(b)

the construction or operation of energy infrastructure with a physical connection to at least one Member State;

however, where such a legally binding agreement also covers issues other than those referred to in points (a) and (b), only the provisions relating to those points and the general provisions applicable to those energy-related provisions, are deemed to constitute an intergovernmental agreement;

(2)

‘existing intergovernmental agreement’ means an intergovernmental agreement which is in force, or applies provisionally on 2 May 2017;

(3)

‘non-binding instrument’ means an arrangement between one or more Member States and one or more third countries which is not legally binding, such as a memorandum of understanding, joint declaration, ministerial joint declaration, joint action or joint code of conduct, and which sets out the conditions for energy supply, such as volumes and prices, or for the development of energy infrastructures;

(4)

‘existing non-binding instrument’ means a non-binding instrument signed or otherwise agreed prior to 2 May 2017.

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