Activities of Xabier BENITO ZILUAGA related to 2016/0378(COD)
Shadow opinions (1)
OPINION 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)
Amendments (10)
Amendment 6 #
Proposal for a regulation
Recital 3
Recital 3
(3) It is projected that the need for coordination of national regulatory actions will increase further in the coming years. Europe's energy system is in the middle of its most profound change in decades. More marketGreater integration of systems for distributing available extracted energy and the change towards more variable electricity production requires increased efforts to coordinate national energy policies with neighbours and to use the opportunities of cross-border electricity trade. The market must, therefore, be allowed to develop under a regulatory framework that ensures fair and efficient production and limits its potential impact on the environment, while prioritising the development of renewable energy and the supply of energy in sufficient amounts to the entire population and eliminating the pockets of energy poverty that have increasingly sprung up among vulnerable groups;
Amendment 7 #
Proposal for a regulation
Recital 4
Recital 4
(4) Experience with the implementation of internal market rules has shown that uncoordinated national action can lead to severe problems for the marketenvironment and the supply of affordable energy, notably in closely interconnected areas where decisions of Member States often have a tangible impact on their neighbours. To achieve the positive effects of the internal electricity market for consumer welfare, security of supply and decarbonisation Member States, and in particular independent national regulators, are required to cooperate on those regulatory measures which have a cross- border effect.
Amendment 8 #
Proposal for a regulation
Recital 22
Recital 22
(22) The Agency should contribute to the efforts of enhancing energy security and eliminating energy poverty.
Amendment 9 #
Proposal for a regulation
Recital 26
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 is not only a key principle of good governance but also a fundamental condition to ensure market confidencethe universal provision of affordable energy in suitable conditions, while increasing the share of renewable and sustainable energies in the overall energy mix. 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 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.
Amendment 10 #
Proposal for a regulation
Recital 29
Recital 29
(29) The Agency should be mainly financed from the general budget of the Union, by fees and by voluntary contributions, without compromising the Agency's neutrality or independence. In particular, the resources currently pooled by regulatory authorities for their cooperation at Union level should continue to be available to the Agency. 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 1271/2013.33 . _________________ 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).
Amendment 14 #
Proposal for a regulation
Article 31 – paragraph 1 – point c
Article 31 – paragraph 1 – point c
(c) any voluntary contributions from the Member States or from the regulatory authorities, under Article 20(1)(g), without compromising the Agency's neutrality or independence;
Amendment 39 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Despite significant progress in integrating and interconnecting the internal electricity market, some Member States or regions still remain isolated or not sufficiently interconnected. This is particularly the case for insular Member States or Member States located in the periphery. The Agency in its work should appropriately take account of the specific situation of these Member States or regions.
Amendment 55 #
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 Union.
Amendment 63 #
Proposal for a regulation
Recital 26
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 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 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.
Amendment 135 #
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 [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. 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 for the benefit of the people. The procedure for the coordination of regional tasks in accordance with Article 7 shall apply.