BETA

Activities of Davor ŠKRLEC related to 2016/0378(COD)

Shadow reports (1)

2016/11/22
Committee: ITRE
Dossiers: 2016/0378(COD)
Documents: PDF(959 KB) DOC(149 KB)

Amendments (45)

Proposal for a regulation
Recital 6

(6) Security of electricity supply requires a coordinated approach to prepare against unexpected supply crises. The Agency should therefore coordinate national actions related to risk preparedness, in line with [Risk Preparedness Regulation as proposed by COM(2016) 862]. In particular, the Agency should be mandated to issue the EU-wide guidelines for the solutions on how to prevent and handle crises situations. These guidelines shall define market and non-market measures as well as the principles of compensation schemes and principles for identifying protected customers.

2017/09/21
Committee: ITRE

Proposal for a regulation
Recital 7

(7) Due to the close interconnection of the Union electricity grid and the increasing need to cooperate with neighbouring countries to maintain grid stability and integrate large volumes of renewable energies, regional operational centres will play an important role for the coordination of transmission system operators. The Agency should guarantee regulatory oversight over the regional operational centres where necessary, as well as to have a role in the elaboration of the statutes and rules of procedure and approving the cooperative decision- making procedures as well as the framework for the cooperation and coordination between regional operational centres.

2017/09/21
Committee: ITRE

Proposal for a regulation
Recital 8

(8) As large parts of new electricity generation will be connected at local level, distribution system operators will play an important role when it comes to operating the European electricity system in a flexible and efficient manner. As the Commission considers the establishment of a new EU-level body to enhance cooperation between transmission system operators and distribution system operators (DSOs) as well as development of further guidance and codes on DSO issues, it is necessary to ensure that the Agency is given strong oversight powers over such body.

2017/09/21
Committee: ITRE

Proposal for a regulation
Recital 10

(10) The Agency should ensure that regulatory functions performed by the national regulatory authorities in accordance with [the recast Electricity Directive as proposed by COM(2016) 864/2] and Directive 2009/73/EC of the European Parliament and of the Council30 are properly coordinated and, where necessary, completed at Union level. To that end, it is necessary to guarantee the independence of the Agency from electricity and gas producers, transmission and distribution system operators, whether public or private, and consumers and to ensure the conformity of its actions with Union law, its technical and regulatory capacities and its transparency, amenability to democratic control ~~and efficiency. __________________ 30~~, including the accountability to the European Parliament and efficiency. __________________ 30 See page 94 of this Official Journal. See page 94 of this Official Journal.

2017/09/21
Committee: ITRE

Proposal for a regulation
Recital 11

(11) The Agency should monitor regional cooperation between transmission system operators in the electricity and gas sectors as well as the execution of the tasks of the European Network of Transmission System Operators for Electricity (ENTSO for Electricity), and the European Network of Transmission System Operators for Gas (ENTSO for Gas) and play a role in ensuring the enforcement of the EU law. The Agency should also monitor the implementation of the tasks of other entities with regulated functions of Union- wide dimension, such as energy exchanges. The involvement of the Agency is essential in order to ensure that the cooperation between transmission system operators and the operation of other entities with Union- wide functions proceeds in an efficient and transparent way for the benefit of the internal markets in electricity and natural gas. The Agency should be able to request and to receive information necessary for the fulfilment of its tasks from the ENTSO for Electricity and the ENTSO for Gas.

2017/09/21
Committee: ITRE

Proposal for a regulation
Recital 13

(13) The Agency provides an integrated framework which enables national regulatory authorities to participate and cooperate. That framework facilitates the uniform application of the legislation on the internal markets in electricity and natural gas throughout the Union. As regards situations concerning more than one Member State, the Agency has been granted the power to adopt individual decisions. That power should under clearly specified conditions cover technical and regulatory issues which require regional coordination , notably concerning the implementation of network codes and guidelines, cooperation within regional operational centres, the regulatory decisions necessary to effectively monitor wholesale market integrity and transparency, decisions concerning electricity and natural gas infrastructure that connects or that might connect at least two Member States and, as a last resort, exemptions from the internal market rules for new electricity interconnectors and new gas infrastructure located in more than one Member State. The Agency should also have the mandate to report to the Commission if it considers that a particular national regulatory authority lacks independence or resources and technical capabilities. The Agency should also have the capacity to provide operational assistance to the national regulatory authority. National regulatory authorities shall also provide the Agency with the information relevant to the Agencies activities.

2017/09/21
Committee: ITRE

Proposal for a regulation
Recital 14

(14) The Agency has an important role in developing framework guidelines which are non-binding by nature ("framework guidelines"). Network codes should be in line with those framework guidelines. It is also considered appropriate for the Agency, and consistent with its purpose, to have a role in reviewing and amending draft network codes to ensure that they are in line with the framework guidelines and provide for the necessary degree of harmonisation, before it submits them to the Commission for adoption.

2017/09/21
Committee: ITRE

Proposal for a regulation
Recital 15

(15) With the adoption of a set of network codes and guidelines which provide for a stepwise implementation and a further refinement of common regional and Union-wide rules, the role of the Agency in monitoring and ensuring the implementation of the network codes and guidelines has increased. Effective monitoring of network codes and guidelines is a key function of the Agency and crucial for the implementation of internal market rules.

2017/09/21
Committee: ITRE

Proposal for a regulation
Recital 17

(17) Since the stepwise harmonisation of the Union energy markets involves finding regional solutions regularly as an interim step, it is appropriate to reflect the regional dimension of the internal market and to provide for appropriate governance mechanisms. Regulators responsible for coordinated regional approvals should be able to ~~prepar~~take Board of Regulators decisions on issues of regional relevance in a regional subcommittee of the Board of Regulators, unless those issues are of general importance for the Union.

2017/09/21
Committee: ITRE

Proposal for a regulation
Recital 20

(20) The Agency should consult interested parties, where appropriate, and provide them with a reasonable opportunity to comment on proposed measures, such as network codes and rules. In particular, the Stakeholder group should be established to facilitate to consultation process. The Agency should ensure that small market actors have an equal footing with other stakeholders in the development of market rules.

2017/09/21
Committee: ITRE

Proposal for a regulation
Recital 22

(22) The Agency should contribute to the efforts of enhancing energy security and meeting the climate objectives of the Union. As an executive body, it should abide by the strategic energy and climate agenda determined by the Union’s policy- making institutions.

2017/09/21
Committee: ITRE

Proposal for a regulation
Recital 26

(26) The Agency should have the necessary powers to perform its regulatory functions in an efficient, transparent, reasoned and, above all, independent manner. The independence of the Agency from electricity and gas producers and transmission and distribution system operators as well as other organisations promoting the interests of national regulators is not only a key principle of good governance but also a fundamental condition to ensure market confidence. Without prejudice to its members’ acting on behalf of their respective national authorities, the Board of Regulators should therefore act independently from any market interest, should avoid conflicts of interests and should not seek or follow instructions or accept recommendations from a government of a Member State, from Union institutions or another public or private entity or person. The decisions of the Board of Regulators or its subset should, at the same time, comply with Union law concerning energy, such as the internal energy market, the environment and competition. The Board of Regulators should report its opinions, recommendations and decisions to the Union institutions. The agency’s decisions shall have the binding effect, while its opinions and recommendations shall be given the utmost consideration by the ENTSO for Electricity, the ENTSO for gas, the EU DSO entity, transmission system operators, regional operational centres and nominated electricity market operators.

2017/09/21
Committee: ITRE

Proposal for a regulation
Recital 29

(29) The Agency shall be properly resourced to carry out its tasks. The Agency should be mainly financed from the general budget of the Union, by fees and by voluntary contributions. In particular, the resources currently pooled by regulatory authorities for their cooperation at Union level should continue to be available to the Agency. The Agency should have the possibility to collect fees for registering and supervising market participants, the processing of appeals and other services provided by it. The Union budgetary procedure should remain applicable as far as any subsidies chargeable to the general budget of the Union are concerned. Moreover, the auditing of accounts should be undertaken by an independent external auditor in accordance with Article 107 of Commission Delegated Regulation (EU) No 1271/201333. __________________ 33 Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42).

2017/09/21
Committee: ITRE

Werner LANGEN, Franc BOGOVIČ, Milan ZVER, Alojz PETERLE, Romana TOMC, Patricija ŠULIN, Tanja FAJON, Igor ŠOLTES, Davor ŠKRLEC, Ivo VAJGL

Proposal for a regulation
Recital 37 a (new)

(37a) Decision 2009/913/EU taken by common agreement between the representatives of the governments of Member States of 7 December 2009 on the location of the seat of the Agency for the Cooperation of Energy Regulators provides that the European Agency for the Cooperation of Energy Regulators shall have its seat in Ljubljana, Slovenia. The seat of the Agency is the centre of its activities and the statutory functions of the Agency. Thus, the meetings of the statutory organs should take place at the seat.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 1 – paragraph 2

2. The purpose of the Agency shall be to assist the regulatory authorities referred to in Article 57 of [the recast Electricity Directive as proposed by COM(2016) 864/2] and Article 39 of Directive 2009/73/EC of the European Parliament and of the Council in exercising, at Union level, the regulatory tasks performed in the Member States and, where necessary, to coordinate their action, mediate and settle disagreements among them as well as to contribute to the establishment of high- quality common regulatory and supervisory practices and ensuring consistent, efficient and effective application of Union acts in order to achieve the EU climate and energy goals.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 1 – paragraph 2 a (new)

2a. When carrying out its tasks, the Agency shall act independently and objectively and in the interest of the Union alone. The Agency shall take autonomous decisions, independently from private and corporate interests and have separate annual budget allocations, with autonomy in the implementation of the allocated budget, and adequate human and financial resources to carry out its duties effectively.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) issue opinions and recommendations addressed to transmission system operators, the ENTSO for Electricity, the ENTSO for gas, the EU DSO entity, regional operational centres and nominated electricity market operators ;

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 2 – paragraph 1 – point d

(d) take individual decisions in the specific cases referred to in Articles 4, 4a (new), 6, 8, 11 and 116 of this Regulation ,

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 2 – paragraph 1 a (new)

The ENTSO for Electricity, the ENTSO for gas, the EU DSO entity, transmission system operators, regional operational centres and nominated electricity market operators shall give the utmost consideration and make every effort to comply with the Agency’s opinions and recommendations referred to in Article 2(1)(a) and 2(1)(b) of this Regulation.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 2 a (new)

Article 2a Stakeholder Group 1. To help facilitate consultation with stakeholders in areas relevant to the tasks of the Agency, a Stakeholder Group shall be established. The Stakeholder Group shall be consulted on actions taken in accordance with Articles 4, 5 and 15 concerning the adopting and implementation of network codes and guidelines. The Stakeholder Group shall meet at least four times a year. 2. The Stakeholder Group shall be composed of 20 members. The Stakeholder Group shall observe a balance representation of interested parties, including market participants and industry associations, environmental protection groups and consumers, independent top-ranking academics and other relevant stakeholders. 3. The members of the Stakeholder Group shall be appointed by the Administrative board, following proposals from the relevant stakeholders. In making its decision, the Administrative board shall, to the extent possible, ensure an appropriate geographical and gender balance and representation of stakeholders across the Union. 4. The Agency shall provide all necessary information, subject to professional secrecy, and ensure adequate secretarial support for the Stakeholder Group. Adequate compensation shall be provided to members of the Stakeholder Group that are representing non-profit organisations, excluding industry representatives. The Stakeholder Group may establish working groups on technical issues. Members of the Stakeholder Group shall serve for a period of two-and-a-half years, following which a new selection procedure shall take place. The members of the Stakeholder Group may serve two successive terms. 5. The Stakeholder Group may submit opinions and advice to the Agency on any issue related to the tasks of the Agency. 6. The Stakeholder Group shall adopt its rules of procedure by a majority of two-thirds of its members. 7. The Agency shall make public the opinions and advice of the Stakeholder Group and the results of its consultations.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 3 – paragraph 1

The Agency may, upon a request of the European Parliament, the Council or the Commission, or on its own initiative, provide an opinion or a recommendation to the European Parliament, the Council and the Commission on any of the issues relating to the ~~purpose for which it has been established~~clearly defined powers that have been delegated to the Agency. The Agency shall abstain from commenting on the Union’s strategic political agenda in the field of energy and environment.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 3 – introductory part

3. The Agency may provide an opinion: to the ENTSO for Electricity and to the ENTSO for Gas on the network codes, draft annual work programmes, Union-wide network development plan and other relevant documents referred to in Article 27(1) of [recast Electricity Regulation as proposed by COM(2016) 861/2] and Articles 8(2)(3) and 9(2) of Regulation (EC) No 715/2009 taking into account the objectives of non- discrimination, effective competition and the efficient and secure functioning of the internal markets in electricity and natural gas. ENTSO for Electricity and to the ENTSO for Gas shall take utmost account of such opinion.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 3 – point a

(a) to the ENTSO for Electricity in accordance with Article 27(1)(a) of [recast Electricity Regulation as proposed by COM(2016) 861/2] and to the ENTSO for Gas in accordance with Article 8(2) of Regulation (EC) No 715/2009 on the network codes; andeleted

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 3 – point b

(b) to the ENTSO for Electricity in accordance with Article 27(1) (b) and (h) of [recast Electricity Regulation as proposed by COM(2016) 861/2], and to the ENTSO for Gas in accordance with the first subparagraph of Article 9(2) of Regulation (EC) No 715/2009 on the draft annual work programme, on the draft Union -wide network development plan and other relevant documents referred to in Article 27(1) of [recast Electricity Regulation as proposed by COM(2016) 861/2] and Article 8(3) of Regulation (EC) No 715/2009, taking into account the objectives of non-discrimination, effective competition and the efficient and secure functioning of the internal markets in electricity and natural gas.deleted

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 4

4. The Agency shall, based on matters of fact, provide a duly reasoned opinion as well as recommendations to the ENTSO for Electricity, the ENTSO for Gas, the European Parliament, the Council and the Commission, where it considers that the draft annual work programme or the draft Union -wide network development plan submitted to it in accordance with Article 27(1) )(b) and (h) of [recast Electricity Regulation as proposed by COM(2016) 861/2] and the second subdocuments referred to in paragraph 3 of this Article ~~9(2) of Regulation (EC) No 715/2009~~ do not contribute to non- discrimination, effective competition and the efficient functioning of the market or a sufficient level of cross-border interconnection open to third-party access, or do not comply with the relevant provisions of [OP: recast Electricity Regulation as proposed by COM(2016) 861/2 and recast Electricity Directive as proposed by COM(2016) 864/2] or Directive 2009/73/EC and Regulation (EC) No 715/2009.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 4 a (new)

4a. The Agency may issue binding decisions to the ENTSO for Electricity and the ENTSO for Gas to require the ENTSO for Electricity and the ENTSO for Gas to comply with their obligations under this Regulation and other relevant Union acts, including network codes and guidelines, in particular where they do not promote the objectives of the completion and functioning of the internal market in electricity.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 4 b (new)

4b. Upon the Agency’s request, the ENTSO for Electricity and the ENTSO for Gas shall provide the Agency with the information necessary for the fulfilment of its tasks pursuant to: (a) this Regulation; (b) Regulation (EC) No 715/2009 and Regulation (EU) .../... of the European Parliament and of the Council [proposed recast Electricity Regulation, COD (2016)0379]; (c) the network codes adopted pursuant to Article 6 of Regulation (EC) No 715/2009 and Articles 54 and 55 of Regulation (EU) .../... [proposed Electricity Regulation, COD(2016)0379]; (d) the guidelines adopted pursuant to Article 23 of Regulation (EC) No 715/2009 and Article 57 of Regulation (EU) .../... [proposed Electricity Regulation, COD(2016) 0379].

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 4 c (new)

4c. The Agency shall monitor the effectiveness of the cooperation between TSOs regarding capacity allocation and congestion management, with a special focus on the implementation of Article 14 of [Recast Electricity Regulation].

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 4 a (new)

Article 4a Tasks of the Agency as regards the EUDSO entity 1. The Agency shall define criteria for the elaboration of the draft statutes, the list of registered members, and the draft rules of procedure of the EU DSO entity to be established, in accordance with Article 50 paragraph 1 (NEW) [of the Electricity Regulation]. The Agency shall either provide a position opinion or amend where necessary the list of members of the EU DSO entity, the status and draft rules of procedure of the EU DSO entity, in accordance with Article 50 paragraph 2 [of the Electricity Regulation]. 2. The Agency shall monitor the execution of the tasks of the EU DSO entity in accordance with Article 52b (new) [of the recast Electricity Regulation]. The Agency shall ensure that, in carrying out its tasks, the EU DSO entity complies with criteria for maintaining independence and a balanced representation of all distribution system operators. 3. To carry out the tasks referred to in paragraph 3 in an efficient and expeditious manner, the Agency shall in particular: (a) request information from the EU DSO entity and its members, where appropriate; (b) issue binding decisions in order to ensure that the EU DSO entity complies with the obligations under this Regulation and other relevant Union legislation. 4. The Agency shall include the results of monitoring provided in paragraphs 2 and 3 in its annual report pursuant to Article 16 [of the ACER Regulation].

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)

(ba) revise and amend, where appropriate, the draft network code in accordance with Article 55(10) of the [recast Electricity Regulation];

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 1 – point c

(c) submit the revised network code to the Commission in accordance with Article 55(10) of [recast Electricity Regulation as proposed by COM(2016) 861/2] or pursuant to Article 6(9) of Regulation (EC) No 715/2009. The Commission shall formally consult the relevant stakeholders on the version to be submitted to the Commission during a period of no less than two months. The Agency shall prepare and submit a draft network code to the Commission where it is requested to do so under Article 55(11) of [recast Electricity Regulation as proposed by COM(2016) 861/2] or Article 6(10) of Regulation (EC) No 715/2009 ;

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 1 – point e

(e) monitor and analyse the implementation of the network codes and the Guidelines adopted by the Commission in accordance with Article 55(12) of [recast Electricity Regulation as proposed by COM(2016) 861/2] and in Article 6(11) of Regulation (EC) No 715/2009, and their effect on the harmonisation of applicable rules aimed at facilitating market integration as well as on non- discrimination, effective competition and the efficient functioning of the market, and report to the Commission. The Agency may also issue binding decisions in accordance to Article 4(4a) of this Regulation.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 2

2. In cases where the network codes and guidelines developed pursuant to Chapter VII of [recast Electricity Regulation as proposed by COM(2016) 861/2] provide for the development of proposals for terms and conditions or methodologies for the implementation of those network codes and guidelines which require regulatory approval by all regulatory authorities or by all regulators of the concerned region, the terms and conditions or methodologies shall be submitted for revision and approval to the Agency or its subset of the Board of Regulators as defined in Article 7 of this Regulation. Before approving the terms and conditions or methodologies, the Agency shall revise and change them where necessary in order to ensure that they are in line with the purpose of the network code or guideline and contribute to market integration, non-discrimination and the efficient functioning of the market. The procedure for the coordination of regional tasks in accordance with Article 7 shall apply.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 2

2. The Agency may, in accordance with its work programme, at the request of the Commission or at its own initiative, make recommendations to assist regulatory authorities and market players in sharing good practices. The Agency may also organise and conduct peer review analyses of regulatory authorities, in order to strengthen consistency in supervisory outcomes.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2a. ACER may provide the Commission with an opinion regarding a particular national regulatory authority’s independence or lack of resources and technical capabilities upon its own initiative.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 4

4. The Agency shall carry out an investigation and provide a factual opinion at the request ~~of a~~from one or more regulatory authorityies or of the Commission, on whether a decision taken by a regulatory authority complies with the guidelines referred to in [recast Electricity Directive as proposed by COM(2016) 864/2], Directive 2009/73/EC, [recast Electricity Regulation as proposed by COM(2016) 861/2] or Regulation (EC) No 715/2009 or with other relevant provisions of those Directives or Regulations.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 5

5. Where a national regulatory authority does not comply with the opinion of the Agency referred to in paragraph 4 within four months from the day of receipt, the Agency shall inform the Commission and the Member State concerned accordingly. Within two months from receipt of the Agency’s opinion, the Commission may issue a formal opinion requiring the regulatory authority to take the action necessary to comply with Union law. The Commission’s formal opinion shall take into account the Agency’s recommendation.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 5 a (new)

5a. Where a regulatory authority does not comply with the formal opinion referred to in paragraph 5 and where it is necessary to remedy in a timely manner such non-compliance in order to ensure the orderly functioning of the market and neutral conditions of competition, the Agency may, without prejudice to the powers of the Commission under Article 258 TFEU and where the relevant requirements of the relevant Union acts are directly applicable to market participants, adopt an individual decision addressed to a market participant requiring the necessary action to comply with its obligations under Union law. The decision of the Agency shall be in conformity with the formal opinion issued by the Commission pursuant to paragraph 5.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 6 a (new)

6a. Upon request from a national regulatory authority, the Agency may decide to provide operational assistance to the national regulatory authority concerned in the investigation and enforcement of noncompliance with market abuse, manipulation and insider trading rules in accordance with REMIT legislation.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 6 b (new)

6b. The Agency may request the national regulatory authorities to ensure enforcement of the Agency’s legally binding decisions.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 10 a (new)

10a. The Agency shall aim to ensure that national regulatory authorities carry out their tasks under Article 62 [of Recast Directive 2009/72/EC as proposed by COM (2016) 864 in a coordinated and consistent way. In order to ensure efficient coordination: (a) national regulatory authorities shall without delay inform the Agency in as specific a manner as possible where they have reasonable grounds to suspect that a regional operational centre or transmission system operators acted in breach of their obligations under relevant Union legislation. (b) the Agency shall inform national regulatory authorities where it has reasonable grounds to suspect that regional operational centre or transmission system operators acted in breach of their obligations under relevant Union legislation. (c) national regulatory authorities shall participate in an investigatory group convened in accordance with Article 8(4) (b), rendering all necessary assistance. The investigatory group shall be subject to coordination by the Agency.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 1

1. For decisions pursuant to Article 5(2) last sentence of the present Regulation, on joint regional terms and conditions or methodologies to be developed under network codes and guidelines pursuant to Chapter VII of the [recast Electricity Regulation as proposed by COM(2016) 861/2] ~~which~~to the implementation of tasks pursuant to Article 8 of this Regulation and other tasks that regularly concern a limited number of Member States and require a joint regulatory decision at regional level, the Agency ~~may be assisted by~~shall delegate its powers to a subset of the Board of Regulators, consisting only of the regulatory authorities of the concerned region, ~~following the procedure in paragraphs 2 to 4 of this Article~~unless the Director or more than one representative of the regulators oppose to such a delegation based on the claim that the decision would have a tangible impact on the internal energy market, notably in cases where the issue at stake has a significant relevance beyond the concerned region.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 2

2. The Director shall assess the possible impact of the joint proposal on the internal market and issue an opinion if the joint proposal is mainly of regional relevance or if it has a tangible impact on the internal market, notably in cases where the issue at stake has a significant relevance beyond the concerned region.deleted

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 3

3. The Board of Regulators shall, if appropriate, and notably taking into account the opinion of the Director, establish a regional subgroup consisting of the concerned members of the Board of Regulators to revise the proposal and make a recommendation to the Board of Regulators on the approval, including possible amendments.deleted

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 4

~~4. When the Board of Regulators decides on its opinion on the proposal, it shall take due account of the recommendation of the regional subgroup.~~deleted

2017/09/21
Committee: ITRE