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49 Amendments of Paul RÜBIG related to 2007/0196(COD)

Amendment 38 #
Paul RÜBIG
Proposal for a directive – amending act
Recital 3
(3) However, at present, the right to sell gas in any Member State on equal terms and without discrimination or disadvantages cannot be guaranteed to anyll companyies in the Communityall Member States. In particular, non-discriminatory network access and an equally effective level of regulatory supervision in each Member State do not yet exist, since the current legal framework is insufficient.
2008/04/07
Committee: ITRE
Amendment 40 #
Dominique VLASTO, Herbert REUL, Angelika NIEBLER, Paul RÜBIG, Nicole FONTAINE, Catherine TRAUTMANN, Ján HUDACKÝ
Proposal for a directive – amending act
Recital 4
(4) The Communication of the Commission of 10 January 2007 entitled "An Energy Policy for Europe" highlighted the importance of completing the internal market in natural gas and of creating a level playing field for all gas companies established in the Community. The Internal Energy Market Communication and the final Report on the Competition Sectoral Enquiry showed that the present rules and measures do not provide the necessary framework for achieving the objective of a well functioning internal market. On the other hand, the final Report on the Competition Sectoral Enquiry and the impact assessment produced to support the third legislative package on the internal energy market provided no convincing evidence that made it possible to establish the best or only way to improve the way that market works.
2008/04/07
Committee: ITRE
Amendment 45 #
Dominique VLASTO, Herbert REUL, Angelika NIEBLER, Paul RÜBIG, Nicole FONTAINE, Catherine TRAUTMANN, Ján HUDACKÝ
Proposal for a directive – amending act
Recital 5
(5) Without effective separation of networks from activities of production and supply, there is an inherent risk of discrimination not only in the operation of the network but also in the incentives for vertically integrated companies to invest adequately in their networks. The main motivation for investing is the remuneration received by the operator. Should the national regulatory authority set a low level of remuneration, this would lead to a decrease in investment. On the other hand, should it set a fair and proportionate level of remuneration, ensuring that revenue covers costs and pays off such investment, it would automatically generate an increase in investment, regardless of whether the network operator belongs to an integrated group. Therefore, the primary major determining factor for investment resides in pricing regulation and in the role and powers of the national regulatory authorities, which should be reinforced in order to complete the internal market to the benefit of the consumer.
2008/04/07
Committee: ITRE
Amendment 47 #
Paul RÜBIG, Hannes SWOBODA
Proposal for a directive – amending act
Recital 6
(6) The rules on legal and functional unbundling currently in place have not yet led to effective unbundling of the transmission system operators in each Member State, partly due to lack of implementation of existing European legislation. At its meeting in Brussels on 8 and 9 March 2007, the European Council invited the Commission to develop legislative proposals for the effective separation of supply and production activities from network operations.
2008/04/07
Committee: ITRE
Amendment 49 #
Paul RÜBIG, Hannes SWOBODA
Proposal for a directive – amending act
Recital 7
(7) Only the removal of the inherent incentive for vertically integrated companies to discriminate against competitors as regards network access and investment can ensure effective unbundling. Ownership unbundling, which implies the network owner being appointed as the network operator and being independent from any supply and production interests, is clearly the mostonsidered by the Commission as an effective and stable way to solve the inherent conflict of interest and to ensure security of supply. For this reason, tThe European Parliament in its Rresolution on Pprospects for the internal gas and electricity market adopted on 10 July 2007 referred to ownership unbundling at transmission level as the mostan effective tool to promote investments in infrastructures in a non-discriminatory way, fair access to the grid for new entrants and transparency in the market. Member States should therefore be required to ensure that the same persSince the Community has no competence to order expropriations or persons are not entitled to exercise control, including through minority blocking rights on decisions of strategic importance such as investments, over a production or supply undertaking and, at the same time, hold any interest in or exercise any right over a transmission system operator or transmission system. Converselyf undertakings and means of production and is bound by the fundamental right of property, Member States should, however, also be entitled to apply less intrusive and onerous mechanisms in order to resolve conflicts of interest and to ensure investment. Moreover, control over a transmission system operator should preclude the possibility of holding any interest in or exercising any right over a supply undertakingly such alternatives can ensure the equal treatment of public and private undertakings, one of the underlying principles of Community law.
2008/04/07
Committee: ITRE
Amendment 50 #
Dominique VLASTO, Herbert REUL, Angelika NIEBLER, Paul RÜBIG, Nicole FONTAINE, Catherine TRAUTMANN, Ján HUDACKÝ
Proposal for a directive – amending act
Recital 7
(7) Only tThe removal of the inherent incentive for vertically integrated companies to discriminate against competitors as regards network access and investment can ensure effective unbundling. Ownership unbundling, which implies the network owner being appointed as the network operator and being independent from any supply and production interests, is clearly the most effective and stablone way to solve the inherent conflict of interest and to ensure security of supply. For this reason, t. The European Parliament, in its Rresolution on Pprospects for the internal gas and electricity market, adopted on 10 July 2007 referred to ownership unbundling at transmission level as the most effective tool to promote investments in infrastructures in a non-discriminatory way, fair access to the grid for new entrants and transparency in the market. Member States should therefore be required to ensure that the same person or persons are not entitled to exercise control, including through minority blocking rights on decisions of strategic importance such as investments, over a production or supply undertaking and, at the same time, hold any interest in or exercise any right over a transmission system operator or transmission system. Conversely, , considered moreover that the application of further unbundling measures for the gas sector is not straightforward, and therefore urged the development of specific solutions to enable this sector to achieve the completion of the internal gas market, taking into accountrol over a transmission system operator should preclude the possibility of holding any interest in or exercising any right over a supply undertaking the differences between the upstream and downstream markets.
2008/04/07
Committee: ITRE
Amendment 59 #
Paul RÜBIG
Proposal for a directive – amending act
Recital 8
(8) Since ownership unbundling requires, in some instances, the restructuring of undertakings, Member States which decide to implement ownership unbundling should be granted additional time to apply the relevant provisions. In view of the vertical links between the electricity and gas sectors, the unbundling provisions should apply, moreover, across the two sectors.
2008/04/07
Committee: ITRE
Amendment 60 #
Dominique VLASTO, Herbert REUL, Angelika NIEBLER, Paul RÜBIG, Nicole FONTAINE, Catherine TRAUTMANN, Ján HUDACKÝ
Proposal for a directive – amending act
Recital 8 a (new)
(8a) Member States that so wish may apply the provisions of this Directive relating to the effective and efficient separation of transmission systems and transmission system operators. This is effective because it helps ensure the independence of transmission system operators. It is efficient because it provides a more appropriate regulatory framework to guarantee fair competition, sufficient investment, access for new entrants and the integration of natural gas markets. It is based on a pillar of organisational measures and measures relating to the governance of transmission system operators and on a pillar of measures relating to investment, connecting new production capacities to the network and market integration through regional cooperation. It is in line with the requirements laid down by the European Council at its meeting in Brussels on 8 and 9 March 2007.
2008/04/07
Committee: ITRE
Amendment 63 #
Paul RÜBIG, Hannes SWOBODA
Proposal for a directive – amending act
Recital 10
(10) The setting up of system operators independent from supply and production interests should enable vertically integrated companies to maintain their ownership of network assets whilst ensuring an effective separation of interests, provided that the independent system operator performs all the functions of a network operator, or efficient and effective unbundling is implemented, and detailed regulation and extensive regulatory control mechanisms are put in place.
2008/04/07
Committee: ITRE
Amendment 64 #
Dominique VLASTO, Herbert REUL, Angelika NIEBLER, Paul RÜBIG, Nicole FONTAINE, Catherine TRAUTMANN, Ján HUDACKÝ
Proposal for a directive – amending act
Recital 10
(10) The setting up of system operators independent from supply and production interests should enable vertically integrated companies to maintain their ownership of network assets whilst ensuring an effective separation of interests, provided that the independent system operator performs all the functions of a network operator or efficient and effective unbundling is implemented and detailed regulation and extensive regulatory control mechanisms are put in place.
2008/04/07
Committee: ITRE
Amendment 67 #
Paul RÜBIG, Hannes SWOBODA
Proposal for a directive – amending act
Recital 11
(11) Where the undertaking owning a transmission system is part of a vertically integrated undertaking, Member States should therefore be given a choice between three options: ownership unbundling and, as a derogation, setting up system operators which are independent from supply and production interests. The full effectiveness of the independent system operator solution needs to be assured by way of specific additional rules. To preserve fully the interests of the shareholders of vertically integrated companies, Member States should have the choice of implementing ownership unbundling either by direct divestiture or by splitting the shares of the integrated company into shares of the network company and shares of the remaining supply and production business, provided that the requirements resulting from ownership unbundling are complied with, the establishment of an independent system operator or effective and efficient unbundling.
2008/04/07
Committee: ITRE
Amendment 70 #
Dominique VLASTO, Herbert REUL, Angelika NIEBLER, Paul RÜBIG, Nicole FONTAINE, Catherine TRAUTMANN, Ján HUDACKÝ
Proposal for a directive – amending act
Recital 11
(11) Where the undertaking owning a transmission system is part of a vertically integrated undertaking, Member States should therefore be given a choice between ownership unbundling and, as a derogation,, effective and efficient unbundling of transmission systems and of transmission system operators, and setting up system operators which are independent from supply and generation interests. The full effectiveness of the independent system operator solution needs to be assured by way of specific additional rules. To preserve fully the interests of the shareholders of vertically integrated companies, Member States should have the choice of implementing ownership unbundling either by direct divestiture or by splitting the shares of the integrated company into shares of the network company and shares of the remaining supply and generation business, provided that the requirements resulting from ownership unbundling are complied with.
2008/04/07
Committee: ITRE
Amendment 77 #
Paul RÜBIG, Angelika NIEBLER, Herbert REUL, Hannes SWOBODA
Proposal for a directive – amending act
Recital 12
(12) The implementation of effective unbundling should respect the principle of non-discrimination between the public and private sectors. To this effect, the same person should not be able to exercise any influence, solely or jointly, over the composition, voting or decision of the bodies of both transmission system operators and supply undertakings. Provided that the Member State in question can demonstrate that this requirement is respected, two distinct public bodies could control on the one hand generation and supply activities and on the other transmission activities.
2008/04/07
Committee: ITRE
Amendment 79 #
Paul RÜBIG, Hannes SWOBODA
Proposal for a directive – amending act
Recital 13
(13) Full sSeparation of network and supply activities should apply throughout the Community, so that any network operator in the Community or its affiliated companies should be prevented from having any supply or production activities in any Member State. This should apply equally to EU and non-EU companies. To ensure that network and supply activities throughout the Community are kept separate, regulatory authorities should be empowered to refuse certification to transmission system operators that do not comply with the unbundling rules. To ensure a consistent application across the Community and the respect of the international obligations of the Community, the Commission should have the right to review the decisions on certification taken by the regulatory authorities.
2008/04/07
Committee: ITRE
Amendment 80 #
Paul RÜBIG, Hannes SWOBODA
Proposal for a directive – amending act
Recital 13
(13) Full sSeparation of network and supply activities should apply throughout the Community, so that any network operator in the Community or its affiliated companies should be prevented from having any supply or production activities in any Member State. This should apply equally to EU and non-EU companies. To ensure that network and supply activities throughout the Community are kept separate, regulatory authorities should be empowered to refuse certification to transmission system operators that do not comply with the unbundling rules. To ensure a consistent application across the Community and the respect of the international obligations of the Community, the Commission should have the right to review the decisions on certification taken by the regulatory authorities.
2008/04/07
Committee: ITRE
Amendment 116 #
Dominique VLASTO, Herbert REUL, Angelika NIEBLER, Paul RÜBIG, Nicole FONTAINE, Catherine TRAUTMANN, Ján HUDACKÝ
Proposal for a directive – amending act
Recital 25
(25) In view of the creation of an internal market for electricity, Member States should foster the integration of their national markets and the cooperation of network operators at European and regional level. Regional integration initiatives are an essential intermediate step in achieving European integration of energy markets, which remains the final objective. The regional level contributes towards accelerating the integration process by making it possible for the actors concerned, particularly the Member States, the national regulatory authorities and the transmission system operators, to cooperate on specific issues.
2008/04/07
Committee: ITRE
Amendment 124 #
Paul RÜBIG, Hannes SWOBODA
Proposal for a directive – amending act
Recital 27 a (new)
(27a) Member States should consider with the social partners concerned the implications of the amendments to the Directive 2003/55/EC, in particular the different models to ensure independent transmission system operators, in terms of the employment, working conditions and information, consultation and participation rights of workers, with a view to mitigating the negative consequences.
2008/04/07
Committee: ITRE
Amendment 144 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 1 – point (b a) (new)
Directive 2003/55/EC
Article 2 – point 36 a (new)
(ba) the following point shall be added: "36a. 'project of European interest' means a gas infrastructure project which results in new gas resources becoming available to the Community and in greater diversification of gas supplies in more than one Member State." Or. de (Adding new point in article 2 of Directive 2003/55/EC)
2008/04/07
Committee: ITRE
Amendment 162 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 1 c (new)
Directive 2003/55/EC
Article 3 – paragraph 3 a (new)
(1c) In Article 3, the following paragraph shall be inserted: "3a. Member States shall ensure that all customers have the right to be supplied by a supplier, provided that the latter consents, irrespective of the Member State in which the latter is approved as a supplier. In this connection, Member States shall take all necessary measures to ensure that undertakings which are approved as suppliers in their country of origin can supply their citizens without having to fulfil any further preconditions."
2008/04/07
Committee: ITRE
Amendment 172 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 2
Directive 2003/55/EC
Article 3 – paragraph 7
(2) In Article 3, the following paragraph 7 is added: "7. The Commission may adopt guidelines for the implementation of this Article. This measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 30 (3)."deleted
2008/04/07
Committee: ITRE
Amendment 177 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 2 b (new)
Directive 2003/55/EC
Article 4 – paragraph 2
(2b) In Article 4, paragraph 2 shall be replaced by the following: “2. Where Member States have a system of authorisation, they shall lay down objective and non discriminatory criteria which shall be met by an undertaking applying for an authorisation to build and/or operate natural gas facilities or applying for an authorisation to supply natural gas. Member States shall in no way be entitled to bind the authorisation to criteria which give the competent authorities discretionary powers. The non discriminatory criteria and procedures for the granting of authorisations shall be made public. Member States shall ensure that authorisation procedures for facilities, pipelines and associated equipment take into account the importance of the project for the internal market in energy.” Or. en (Changes wording of Article 4 paragraph 2 of Directive 2003/55/EC))
2008/04/07
Committee: ITRE
Amendment 184 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 3
Directive 2003/55/EC
Article 5a – paragraph 4
4. The Commission may adopt guidelines for regional solidarity cooperation. This measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 30 (3).deleted
2008/04/10
Committee: ITRE
Amendment 190 #
Herbert REUL, Nikolaos VAKALIS, Vladimir URUTCHEV, Nicole FONTAINE, Angelika NIEBLER, Ján HUDACKÝ, Dominique VLASTO, Werner LANGEN, Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 3
Directive 2003/55/EC
Article 5b
1. Member States shall cooperate among themselves for the purpose of integrating their national markets at least at the regional level. In particular, Member States shall promote the cooperation of network operators at a regional level, and foster the consistency of their legal and regulatory framework. The geographical2. When the cooperation between several Member States at a regional level encounters significant difficulties, following the joint request of these Member States, the Commission may designate, in agreaement with all Member States covncerned by, a regional cooperations shall be in line with the definition of geographical areas by the Commission in accordance with Article 2h(3) of Regulation (EC) No 1775/2005. rdinator. 3. The regional coordinator shall promote at regional level the cooperation of national regulatory authorities and other competent public authorities, network operators, gas exchanges, grid users and market parties. In particular, the regional coordinator shall : (a) promote new efficient investments in interconnections. To this end, the regional coordinator shall assist transmission system operators in drawing up their regional interconnection plan and shall contribute to the coordination of their investments decisions and, where appropriate, of their open season procedure; (b) promote the efficient and safe use of the networks. To this end, the regional coordinator shall contribute to the coordination between transmission system operators, national regulatory authorities and other competent national public authorities in drawing up their common allocation and common safeguard mechanisms; (c) submit an annual report to the Commission and Member States concerned on the progress achieved in the region and on any difficulty or obstacle that may hinder such progress.
2008/04/10
Committee: ITRE
Amendment 199 #
Nikolaos VAKALIS, Vladimir URUTCHEV, Nicole FONTAINE, Angelika NIEBLER, Ján HUDACKÝ, Dominique VLASTO, Werner LANGEN, Herbert REUL, Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 4
Directive 2003/55/EC
Article 7 – paragraph –1 (new)
"–1. In order to ensure the independence of transmission system operators, Member States shall ensure that, as from [date of transposition plus one year], vertically integrated undertakings must comply with the provisions of Article 7(1)(a) to (d) or Article 9 or Article 9b."
2008/04/10
Committee: ITRE
Amendment 215 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 5
Directive 2003/55/EC
Article 7a
Article 7a Control over transmission system owners and transmission system operators 1. Without prejudice to the international obligations of the Community, transmission systems or transmission system operators shall not be controlled by a person or persons from third countries. 2. An agreement concluded with one or several third countries to which the Community is a party may allow for a derogation from paragraph 1.deleted
2008/04/10
Committee: ITRE
Amendment 224 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 5
Directive 2003/55/EC
Article 7b
Article 7b Designation and certification of transmission system operators 1. Undertakings which own a transmission system and which have been certified by the national regulatory authority as having complied with the requirements of Article 7(1) and 7a, pursuant to the certification procedure below, shall be approved and designated as transmission system operators by Member States. The designation of transmission system operators shall be notified to the Commission and published in the Official Journal of the European Union. 2. Without prejudice to the international obligations of the Community, where certification is requested by a transmission system owner or transmission system operator controlled by a person or persons from third countries in compliance with Article 7a, it shall be denied unless the transmission system owner or transmission system operator demonstrate that there is no possibility for the entity concerned to be influenced, in violation of Article 7(1), directly or indirectly by any operator active in the production or supply of gas or electricity or by a third country. 3. Transmission system operators shall notify to the regulatory authority any planned transaction which may require a reassessment of their compliance with Articles 7(1) or 7a. 4. Regulatory authorities shall monitor the continuing compliance of transmission system operators with Articles 7(1) and 7a. They shall open a certification procedure to ensure such compliance: (a) upon notification by the transmission system operator pursuant to paragraph 3; (b) on their own initiative where they have knowledge that a planned change in rights or influence over transmission system owners or transmission system operators may lead to an infringement of Articles 7(1) or 7a, or where they have reason to believe that such an infringement may have occurred; or (c) upon reasoned request from the Commission. 5. The regulatory authorities shall adopt a decision on the certification of a transmission system operator within four months from the date of the notification by the transmission system operator or from the date of the Commission request. After expiry of this period, the certification is deemed to be granted. The explicit or tacit decision of the regulatory authority may become effective only after the conclusion of the procedure set out in paragraphs 6 to 9 and only if the Commission fails to raise objections against it. 6. The explicit or tacit decision on the certification of a transmission system operator shall be notified without delay to the Commission by the regulatory authority, together with all the relevant information with respect to the decision. 7. The Commission shall examine the notification as soon as it is received. Within two months after receiving a notification, where the Commission finds that the decision of the regulatory authority raises serious doubts as to its compatibility with Articles 7(1), 7a or 7b(2) it shall decide to initiate proceedings. In such a case, it shall invite the regulatory authority and the transmission system operator concerned to submit comments. Where additional information is sought by the Commission, the two-month-period may be extended by two additional months starting from the receipt of the complete information. 8. Where the Commission has decided to initiate proceedings, it shall, within not more than four months of the date of such decision, issue a final decision (a) not to raise objections against the decision of the regulatory authority; or (b) requiring the regulatory authority concerned to amend or withdraw its decision if it considers that Articles 7(1), 7a or 7b(2) have not been complied with. 9. Where the Commission has not taken a decision to initiate proceedings or a final decision within the time-limits set in paragraphs 7 and 8 respectively, it shall be deemed not to have raised objections against the decision of the regulatory authority. 10. The regulatory authority shall comply with the Commission decision to amend or withdraw the certification decision within a period of four weeks and shall inform the Commission accordingly. 11. Regulatory authorities and the Commission may request from transmission system operators and undertakings performing any of the functions of production of supply any information relevant for the fulfilment of their tasks under this Article. 12. Regulatory authorities and the Commission shall preserve the confidentiality of commercially sensitive information. 13. The Commission shall adopt guidelines setting out the details of the procedure to be followed for the application of paragraphs 6 to 9. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 30(3).deleted
2008/04/10
Committee: ITRE
Amendment 226 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 5
Directive 2003/55/EC
Article 7b – paragraph 13
13. The Commission shall adopt guidelines setting out the details of the procedure to be followed for the application of paragraphs 6 to 9. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 30(3).deleted
2008/04/10
Committee: ITRE
Amendment 238 #
Nikolaos VAKALIS, Vladimir URUTCHEV, Nicole FONTAINE, Angelika NIEBLER, Ján HUDACKÝ, Dominique VLASTO, Werner LANGEN, Herbert REUL, Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 6 c (new)
Directive 2003/55/EC
Article 8 – paragraphs 4 a to 4 h (new)
(6c) In Article 8, the following paragraphs shall be added: "4a. Transmission system operators shall draw up a 10-year network development plan at least every two years. They shall take efficient measures to guarantee system adequacy and security of supply. 4b. The 10-year network development plan shall in particular: a) indicate to market participants the main transmission infrastructures that ought to be built over the next ten years; b) contain all the investments already decided upon and identify new investments for which an implementation decision has to be taken in the next three years. 4c. In order to draw up this 10-year network development plan, each transmission system operator shall make a hypothesis about the evolution of generation, consumption and exchanges with other countries, and shall take into account regional and European-wide existing network investment plans. Transmission system operator shall submit in due time the draft of this plan to the competent national body. 4d. The competent national body shall consult the draft with all relevant network users in an open and transparent way, and may publish the result of such consultation, in particular possible investment need. 4e. The competent national body shall examine whether the draft 10-year network development plan covers all investment needs identified during the consultation. The competent national body may require the transmission system operator to amend this plan. 4f. The competent national body within the meaning of paragraphs 4c, 4d and 4e, may be the national regulatory authority, any other competent national public authority or a network development trustee established by transmission system operators. In the latter case, transmission system operators shall submit the drafts of their statutes, a list of their members and their rules of procedure to the competent national public authority for its approval. 4g. If the transmission system operator fails to implement a specific investment listed in the 10-year network development plan within the subsequent three years, Members States shall ensure that the national regulatory authority or any other competent national public authority has the necessary powers to take one of the following measures: a) to request, by all legal means, the transmission system operator to fulfil its investment obligations using its financial capacities, or, b) to invite independent investors to tender for the necessary investment in a transmission system and at the same time may oblige the transmission system operator: – to agree to financing by any third party, – to agree to building by any third party or to build the respective new assets and – to operate the respective new asset. The relevant financial arrangements shall be subject to the approval of the national regulatory authority or any other competent national authority. In both cases, tariff regulation shall allow for revenues that cover the costs of such investments. 4h. The competent national public authority shall monitor and evaluate the implementation of the investment plan.
2008/04/10
Committee: ITRE
Amendment 240 #
Herbert REUL, Nikolaos VAKALIS, Vladimir URUTCHEV, Nicole FONTAINE, Angelika NIEBLER, Ján HUDACKÝ, Dominique VLASTO, Werner LANGEN, Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 6 d (new)
Directive 2003/55/EC
Article 8 a (new)
(6d) The following Article shall be inserted: "Article 8a Effective and efficient unbundling of transmission systems I. Assets, equipment, staff and identity 1. Transmission system operators shall be equipped with all human, physical and financial resources of the vertically integrated undertaking necessary for the regular business of gas transmission, in particular: (i) transmission system operators shall own assets necessary for the regular business of gas transmission; (ii) transmission system operators shall employ the staff necessary for the regular business of gas transmission; (iii) the sharing of the staff and the provision of services between branches of a vertically integrated undertaking performing functions of generation or supply shall be limited to cases where there is no possibility of discrimination and shall be subject to approval by national regulatory authorities in order to exclude competition concerns and conflicts of interest; (iv) appropriate financial resources for future investment projects shall be made available in due time. 2. The activities deemed necessary for the regular business of gas transmission mentioned in paragraph 1 shall include at least the following: – representation of the transmission system operator and contacts with third parties and national regulatory authorities, – granting and managing third party access to the network, – collection of access charges, congestion rents and payments under the inter transmission system operator compensation mechanism, in compliance with Article 3 of Regulation (EC) No 1228/2003, – operation, maintenance and development of the transmission system, – investment planning ensuring the long- term ability of the system to meet reasonable demand and guaranteeing security of supply, – legal services, – accountancy and IT services. 3. Transmission system operators shall have the legal form of a joint-stock company. 4. The transmission system operator shall have its own corporate identity, significantly different from the vertically integrated undertaking, with separate branding, communication and premises. 5. Transmission system operators' accounts shall be audited by an auditor other than the person auditing the vertically integrated undertaking and all its affiliated companies. II. Independence of the transmission system operator's management, chief executive officer / executive board 6. Decisions on the appointment and on any early termination of the employment of the chief executive officer or members of the executive board of the transmission system operator and decisions on the conclusion or early termination of the employment contracts with these persons shall be notified to the national regulatory authority or any other competent national public authority. These decisions and agreements may become binding only if, within a period of 3 weeks following the notification, the regulatory authority or any other competent national public authority has not used its right of veto. A veto may be used if an appointment and the conclusion of the relevant agreement poses serious doubts as to the professional independence of the nominated chief executive officer or a member of the executive board; in the case of early terminations of employment and of respective agreements with these persons, the right of veto may be used only if serious doubts exist regarding the basis and justification of such termination. 7. Right of appeal to the national regulatory authority or another competent national public authority or to a court shall be guaranteed to the management of the transmission system operator in the event of early terminations of their employment. 8. After termination of employment in the transmission system operator, the chief executive officers / members of the executive board shall not participate in any branch of the vertically integrated undertaking performing functions of generation or supply for a period of not less than 3 years. 9. The chief executive officer / members of the executive board shall not hold any interest in or receive any compensation from any undertaking of the vertically integrated company other than the transmission system operator. Remuneration of the chief executive officer / members of the executive board shall in no part depend on activities of the vertically integrated undertaking other than those of the transmission system operator. 10. The chief executive officer or the members of the executive board of the transmission system operator may not be responsible, directly or indirectly, for the day-to-day operation of any other branch of the vertically integrated undertaking. 11. Without prejudice to the provisions above, the transmission system operator shall have effective decision-making rights, independent from the integrated gas undertaking, with respect to assets necessary to operate, maintain or develop the network. This should not prevent the existence of appropriate coordination mechanisms to ensure that the economic and management supervision rights of the parent company in respect of return on assets, regulated indirectly in accordance with Article 24c, in a subsidiary are protected. In particular, this shall enable the parent company to approve the annual financial plan, or any equivalent instrument, of the transmission system operator and to set global limits on the levels of indebtedness of its subsidiary. It shall not permit the parent company to give instructions regarding day-to-day operations, nor with respect to individual decisions concerning the construction or upgrading of transmission lines, that do not exceed the terms of the approved financial plan, or any equivalent instrument. III. Supervisory board / Board of directors 12. Chairmen of the supervisory board/board of directors of the transmission system operator shall not participate in any branch of the vertically integrated undertaking performing functions of generation or supply. 13. The supervisory boards / boards of directors of transmission system operators shall also include independent members, appointed for a term of at least 5 years. Appointment of the members of the supervisory board / board of directors shall be notified to the national regulatory authority/ or any other competent national public authority and become binding under the conditions described in paragraph 6. 14. For the purpose of paragraph 13, a member of the supervisory board / board of directors of a transmission system operator shall be deemed independent if he/she does not participate in any business with, or is no other relationship with the vertically integrated undertaking, its controlling shareholders or the management of either, that would create a conflict of interest, in particular: (a) has not been an employee of any branch of the vertically integrated undertaking performing functions of generation and supply in five years prior to the appointment as a member of the supervisory board / board of directors; (b) does not hold any interest in, and does not receive any compensation from, the vertically integrated undertaking or any of its affiliates except the transmission system operator; (c) does not have any relevant business relationship with any branch of the vertically integrated company performing functions of energy supply during his/her appointment as a member of the supervisory board / board of directors; (d) is not a member of the executive board of a company in which the vertically integrated undertaking appoints members of the supervisory board / board of directors. IV. Compliance officer 15. Member States shall ensure that transmission system operators establish and implement a compliance programme which sets out measures to be taken to ensure that discriminatory conduct is excluded. The programme shall also set out the specific obligations of employees of the transmission system operators to meet this objective. The programme shall be subject to the approval of the national regulatory authority or any other competent national public authority. Compliance of the program shall be independently monitored by the compliance officer. The national regulatory authority shall have the power to impose sanctions in case of inappropriate implementation of the compliance program by the transmission system operator. 16. The chief executive officer / executive board of the transmission system operator shall appoint a person or a body in a function of a compliance officer who shall be responsible for: (i) monitoring the implementation of the compliance programme; (ii) preparing an annual report, setting out the measures to be taken in order to implement the compliance programme and submitting it to the national regulatory authority; (iii) issuing recommendations regarding the compliance programme and its implementation. 17. The independence of the compliance officer shall be guaranteed in particular by the terms of the relevant employment contract. 18. The compliance officer shall have the opportunity to regularly address the supervisory board/board of directors of the transmission system operator, of the vertically integrated undertaking and the national regulatory authorities. 19. The compliance officer shall attend all meetings of the supervisory board / board of directors of the transmission system operator that address the following areas: (i) conditions for access and connection to the system, including the collection of access charges, congestion rents, and payments under the inter transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No 1228/2003; (ii) projects undertaken in order to operate, maintain and develop the transmission grid system, including interconnection and connection investments; (iii) energy purchases in order to cover energy losses. 20. During these meetings, the compliance officer shall prevent information about generators or suppliers activities which may be commercially advantageous from being disclosed in a discriminatory manner to the supervisory board/board of directors. 21. The compliance officer shall have access to all relevant books, records and offices of the transmission system operator and to all the necessary information for the fulfilment of the tasks. The compliance officer shall be nominated and removed by the chief executive officer / executive board only after prior approval by the national regulatory authority."
2008/04/10
Committee: ITRE
Amendment 269 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/55/EC
Article 9a – paragraph 3
3. The Commission may adopt guidelines to ensure full and effective compliance of the transmission system owner and of the storage operator with paragraph 2 of this Article. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 30(3).deleted
2008/04/10
Committee: ITRE
Amendment 279 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 10 – point (b a) (new)
Directive 2003/55/EC
Article 13 – paragraph 2 – second subparagraph
(ba) In paragraph 2, the second subparagraph shall be replaced by the following: "Member States may decide not to apply paragraphs 1 to 3 to integrated natural gas undertakings serving less than 100000 connected customers." Or. en (Changes wording of paragraph 2, second subparagraph of Article 13 of Directive 2003/55/EC)
2008/03/31
Committee: ITRE
Amendment 282 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 10 – point (c)
Directive 2003/55/EC
Article 13 – paragraph 4
4. The Commission may adopt guidelines to ensure full and effective compliance of the distribution system operator with paragraph 2 as regards the full independence of the distribution system operator, the absence of discriminatory behaviour, and that supply activities of the vertically integrated undertaking cannot take unfair advantage of its vertical integration. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 30(3).deleted
2008/03/31
Committee: ITRE
Amendment 318 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 1 – point (e a) (new)
‘(ea) ) The project is of European interest and crosses at least one national border within the EU.
2008/03/31
Committee: ITRE
Amendment 350 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 5 – subparagraph 4
The Commission's approval of an exemption decision shall lose its effect after twofive years from its adoption if construction of the infrastructure has not yet started, and after five years if the infrastructure has not become operational. This period may be prolonged by the Commission if it can be demonstrated that, despite all reasonable endeavours to commence construction works in time, there were specific reasons for a delay.
2008/03/31
Committee: ITRE
Amendment 364 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24a – paragraph 3 – point (b)
(b) its management is appointed for a fixed term of at least five years, renewable once, or for a non- renewable fixed term of at least fiveup to ten years, and may only be relieved from office during its term if it no longer fulfils the conditions set out in this Article or it has been guilty of serious misconduct.
2008/03/31
Committee: ITRE
Amendment 409 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (l)
(l) without prejudice to the competence of other national regulatory authorities, ensumonitoring high standards of public service for natural gas, the protection of vulnerable customers, and that consumer protection measures set out in Annex A are effective.
2008/03/31
Committee: ITRE
Amendment 416 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (l a) (new)
‘(la) ensuring that the customer protection measures set out in Annex A are effective.’
2008/03/31
Committee: ITRE
Amendment 451 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 4 – introductory part
4. The regulatory authorities shall be responsible for fixing or approving prior to their entry into force the terms and conditions for:
2008/03/31
Committee: ITRE
Amendment 459 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 4 – point (a)
(a) connection and access to national networks, including transmission and distribution tariffs, and terms, conditions and tariffs and the methods used to calculate such tariffs, and terms, conditions and tariffs, or at least the methods used to calculate such tariffs, for access to LNG facilities. These tariffs and methodologies shall allow the necessary investments in the networks and LNG facilities to be carried out in a manner allowing these investments to ensure the viability of the networks and LNG facilities;
2008/03/31
Committee: ITRE
Amendment 466 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 5
5. In fixing or approving the tariffs and methodologies, the regulatory authorities shall ensure that network operators are granted adequate incentive, over both the short and long term, to increase efficiencies, foster market integration, and support the related research activities.
2008/03/31
Committee: ITRE
Amendment 482 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 6
6. Regulatory authorities shall have the authority to require transmission, storage, LNG and distribution system operators, if necessary, to modify the terms and conditions, including tariffs and methodologies referred to in this Article, to ensure that they are proportionate and applied in a non- discriminatory manner.
2008/03/31
Committee: ITRE
Amendment 484 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 8
8. Any party who is affected and who has a right to complain concerning a decision on methodologies taken pursuant to this Article or, where the regulatory authority has a duty to consult, concerning the proposed tariffs and methodologies, may, at the latest within two months, or a shorter time period as provided by Member States, following publication of the decision or proposal for a decision, submit a complaint for review. Such a complaint shall not have suspensive effect.
2008/03/31
Committee: ITRE
Amendment 490 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 13
13. Member States shall ensure that suitable mechanisms exist at national level under which a party affected by a decision of the national regulatory authority has a right of appeal to a bodcourt or other national authority independent of the parties involved and of government influence.
2008/03/31
Committee: ITRE
Amendment 495 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 14
14. The Commission may adopt guidelines on the implementation by the regulatory authorities of the powers described in this Article. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 30(3).deleted
2008/03/31
Committee: ITRE
Amendment 500 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24d – paragraph 2 a (new)
"2a. Regulatory authorities shall have the power to enter into agreements with other regulatory authorities in the Union, to foster regulatory cooperation."
2008/03/31
Committee: ITRE
Amendment 517 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24f – paragraph 4
4. To ensure the uniform application of this Article, the Commission may adopt guidelines which define the methods and arrangements for record keeping as well as the form and content of the data that shall be kept. These measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 30(3).deleted
2008/03/31
Committee: ITRE
Amendment 519 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24f – paragraph 5
5. With respect to transactions in gas derivatives of supply undertakings with wholesale customers and transmission system operators as well as storage and LNG operators, this Article shall only apply once the Commission has adopted the guidelines referred to in paragraph 4.deleted
2008/03/31
Committee: ITRE
Amendment 529 #
Paul RÜBIG
Proposal for a directive – amending act
Article 1 – point 16 b (new)
Directive 2003/55/EC
Annex A – point (a)
(16b) Annex A(a) shall be amended as follows: '(a) have a right to a contract with their gas service provider and, where appropriate, also with their distribution system operators that specifies, where relevant for the contract in question: - The identity and address of the undertaking, - the services provided, the commercial and technical quality levels offered, as well as the time for the commencement of the service. […]' Or. de (Changing existing text in Annex A(a) of Directive 2003/55/EC)
2008/03/31
Committee: ITRE
Amendment 540 #
Paul RÜBIG, Hannes SWOBODA
Proposal for a directive – amending act
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (h)
(h) have at their disposal their consumption data, and shall be able to, by explicit agreement and free of charge, give any undertaking with a supply licenseauthorised supply undertaking access to its metering data. The party responsible for data management is obliged to give these data to the undertaking. Member States shall define a format for the data and a procedure for suppliers and consumers to have access to the data. No additional costs can be charged to the consumer for this service.
2008/03/31
Committee: ITRE
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