Activities of Hans-Olaf HENKEL related to 2016/0378(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a European Union Agency for the Cooperation of Energy Regulators (recast) PDF (959 KB) DOC (149 KB)
Amendments (13)
Amendment 56 #
Proposal for a regulation
Recital 17
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 prepare 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 UnionDecisions on proposals for joint regional terms and conditions or methodologies, unless they have tangible impact on the Internal Energy Market and thus are taken by the Agency, should primarily be taken by the national regulatory authorities of the concerned region. The Agency may provide a consistency check.
Amendment 64 #
Proposal for a regulation
Recital 28
Recital 28
(28) The Agency should exercise its decision-making powers in line with the principles of fair, transparent and reasonable decision-making. All procedures of the Agency should follow adequate rules of procedures. All procedural rules of the Agency should be laid down in its rules of procedures.
Amendment 79 #
Proposal for a regulation
Recital 34
Recital 34
(34) Through the cooperation of national regulators within the Agency it is evident that majority decisions are a key pre- requisite to achieve progress on matters concerning the internal energy market which have significant economic effects in various Member States. National regulators should therefore vote with simple majority within the Board of Regulators.
Amendment 113 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The Agency may request the national regulatory authorities and the ENTSO for Electricity and the ENTSO for Gas to provide the information necessary for the fulfilment of its tasks.
Amendment 115 #
Proposal for a regulation
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
4b. Regulatory oversight of EU-wide and regional entities shall be performed by the Agency ensuring compliance with their legal obligations. The Agency may issue binding decisions and ensure enforcement through national regulatory authorities.
Amendment 126 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In cases where the network codes and guidelines developed pursuant to Chapter VII of [Regulation (EU) .../... of the European Parliament and of the Council [proposed recast Electricity Regulation as proposed by, COMD(2016) 861/20379] 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 orapproval by the regulatory authorities of all Member States, the proposed terms and conditions or methodologies shall be submitted for revision and approval to the Agency. In cases where the network codes and guidelines developed pursuant to Chapter VII of Regulation (EU) .../... [proposed recast Electricity Regulation, COD (2016) 0379] provide for the development of proposals for joint regional terms and conditions or methodologies for the implementation of network codes and guidelines which require approval by all regulatory authorities of the region concerned region,, the proposed terms and conditions or methodologies shall be notified to the Agency. The Agency shall decide on those terms and conditions or methodologies shall be submitted for revision and approval to the Agency, in accordance with the Article 7 (1), (2) and (3) in the following circumstances: (a) where the competent national regulatory authorities have not been able to reach agreement within the period specified in the relevant network codes and guidelines; or (b) upon the joint request from the competent national regulatory authorities; or (c) where the terms and conditions or methodologies have tangible impact on the internal energy market, in particular in cases where an issue has significant relevance beyond the region concerned. 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 guidelines 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, effective competition and the proper functioning of the market.
Amendment 144 #
Proposal for a regulation
Article 6 – paragraph 2
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 ensuring full compliance with existing regulation.
Amendment 148 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Agency shall provide a framework within which national regulatory authorities can cooperate in order to ensure speedy and efficient decision-making on issues with cross border relevance. It shall promote cooperation between the national regulatory authorities and between regulatory authorities at regional and Union level to ensure interoperability, communication and monitoring of regional performance in those areas which are still not harmonised at Union level and shall take into account the outcome of such cooperation when formulating its opinions, recommendations and decisions. Where the Agency considers that binding rules on such cooperation are required, it shall make the appropriate recommendations to the Commission.
Amendment 157 #
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 1 – introductory part
Article 6 – paragraph 8 – subparagraph 1 – introductory part
. As regards regulatory issues with cross- border relevance , the Agency shall decide upon those regulatory issues that fall within the competence of at least two national regulatory authorities, which may include the terms and conditions for access and operational security, or methodologies with relevance for cross-border trade or operational security, or other regulatory issues with cross-border relevance :
Amendment 162 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 178 #
Proposal for a regulation
Article 7 – paragraph 2
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 itWithin one month of notification of the proposal for joint regional terms and conditions or methodologies to the Agency in accordance with the second subparagraph of Article 5 (2), the Director may, on his or her own initiative or at the request of the Board of Regulators, require the regulatory authorities of the region concerned to refer the proposal to the Agency for the decision where the proposal has a tangible impact on the internal energy market, notably in cases where the issue at stake has a significant relevance beyrelated to cross-border infrastructure. The Agency shall take a decision within the period specified in the relevant network codes and guidelines. That period shall begin ond the concerned regionday following that on which the proposal was notified, in accordance with the second subparagraph of Article 5(2).
Amendment 185 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 193 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Whenre the Board of Regulators decides on its opinion on the proposal, it shall take due account of the recommendation of the regional subgroup. regulatory authorities of the region concerned have reached an agreement on the proposal, including with regard to any amendments thereto, the coordinating national regulatory authorities shall, without delay, notify the agreement to the Agency. With three months of notification, the Agency shall issue a recommendation if it considers the agreement to infringe Regulation (EU) .../... [proposed recast Electricity Regulation, COD (2016) 0379] or Directive (EU) .../... [proposed Directive on common rules for the internal market in electricity, COD (2016) 0380], to be inconsistent with the network codes or guidelines adopted pursuant to Chapter VII of that Regulation.