BETA

51 Amendments of Hannes SWOBODA related to 2007/0196(COD)

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

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 c~~learly the most~~onsidered 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, 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~~an 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 pers~~Since 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, con~~trol over a transmission system operator should preclude the possibility of holding any interest in or exercising any right over a supply undertaking~~ly 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

Proposal for a directive – amending act
Recital 7 a (new)

(7a) Any system to be implemented should be effective in removing any conflict of interests between generators and transmission system operators, in order to create incentives for the necessary investments and guarantee the access of newcomers under a transparent and efficient regulatory regime.

2008/04/07
Committee: ITRE

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

Bernhard RAPKAY, Hannes SWOBODA, Norbert GLANTE, Robert GOEBBELS, Atanas PAPARIZOV, Anni PODIMATA, Catherine TRAUTMANN

Proposal for a directive – amending act
Recital 10 a (new)

(10a) In complying with the regulations on effective and efficient legal unbundling, and provided that the network undertaking performs all the functions of the network operator and detailed regulation and extensive regulatory control mechanisms are put in place, vertically integrated undertakings may maintain their ownership of network assets whilst at the same time ensuring an effective separation of interests.

2008/04/07
Committee: ITRE

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

Bernhard RAPKAY, Hannes SWOBODA, Norbert GLANTE, Robert GOEBBELS, Atanas PAPARIZOV, Anni PODIMATA, Catherine TRAUTMANN

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~~, setting up system operators which are independent from supply and generation interests, and effective and efficient legal unbundling of transmission system operators. 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

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

Paul RÜBIG, Hannes SWOBODA

Proposal for a directive – amending act
Recital 13

(13) ~~Full s~~Separation 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

Paul RÜBIG, Hannes SWOBODA

Proposal for a directive – amending act
Recital 13

(13) ~~Full s~~Separation 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

Proposal for a directive – amending act
Recital 16 a (new)

(16 a) Any harmonisation of the powers of national regulatory authorities should include incentives that can be offered and sanctions that can be levelled against energy companies. The Agency for the Cooperation of Energy Regulators ("Agency") should be given the appropriate powers to take the lead in ensuring there is parity in the incentives and sanctions across all Member States, and provide guidelines on such measures.

2008/04/07
Committee: ITRE

Proposal for a directive – amending act
Recital 18

(18) Energy regulators need to be able to take decisions on all relevant regulatory issues if the internal market is to function correctly, and to be fully independent from any other interests of public or private ~~interest~~companies.

2008/04/07
Committee: ITRE

Proposal for a directive – amending act
Recital 19 a (new)

(19a) Energy regulatory authorities and financial market regulators need to cooperate in order to enable each other to have an overview over the markets concerned, and should have the power to obtain relevant information from energy companies through appropriate and sufficient powers for investigation and for dispute settlement, and to impose effective sanctions.

2008/04/07
Committee: ITRE

Proposal for a directive – amending act
Recital 20

(20) Investments in major new infrastructures should be strongly promoted while ensuring the proper functioning of the internal market in natural gas. In order to enhance the positive effect of exempted infrastructure projects on competition and security of supply, market interest during the project planning phase should be tested and congestion management rules should be implemented. Where an infrastructure is located in the territory of more than one Member State, the Commission, after consulting the Agency for the Cooperation of Energy Regulators, should handle the exemption request in order to take better account of its cross-border implications and to facilitate its administrative handling. Moreover, given the exceptional risk profile of constructing these exempt major infrastructure projects it should be possible to temporarily grant partial derogations to supply and production undertakings in respect of the unbundling rules for the projects concerned. This should in particular apply, for security of supply reasons, to new pipelines within the Community transporting gas from third countries into the Community.

2008/04/07
Committee: ITRE

Proposal for a directive – amending act
Recital 22 a (new)

(22a) It is important to ensure the development of a consumer-oriented, secure, reliable and efficient grid system, promoting system adequacy whilst ensuring energy efficiency and integration of large and small scale renewables and distributed generation in both transmission and distribution grids.

2008/04/07
Committee: ITRE

Proposal for a directive – amending act
Recital 23 a (new)

(23a) Consumers should be at the centre of this Directive. Existing rights for consumers need to be strengthened and guaranteed, and should include greater transparency and representation. Consumer protection must ensure that all customers benefit from a competitive market. Consumer rights should be enforced by national regulatory authorities through creating incentives and imposing sanctions on companies which do not comply with consumer protection and competition rules.

2008/04/07
Committee: ITRE

Robert GOEBBELS, Hannes SWOBODA

Proposal for a directive – amending act
Recital 23 a (new)

(23a) Energy poverty is a growing problem in the Community. Member States should develop national action plans to tackle energy poverty and to ensure the necessary energy consumption for vulnerable customers. An integrated approach is needed and measures should include policies, tariff policies and energy efficiency improvements for housing. At the very least, this Directive should allow national positive discrimination policies, in terms of pricing models, for vulnerable customers.

2008/04/07
Committee: ITRE

Proposal for a directive – amending act
Recital 25 a (new)

(25a) The development of a truly European grid should be the goal of this Directive and to this end regulatory issues on cross-border interconnections and regional markets should be the responsibility of the Agency.

2008/04/07
Committee: ITRE

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

Proposal for a directive – amending act
Article 1 – point 1 – point (–a) (new)

Directive 2003/55/EC
Article 2 – point 3

(–a) point 3 shall be replaced by the following: "3. "transmission" means the transport of natural gas through a network which mainly contains high pressure pipelines other than an upstream pipeline network and other than the part of high pressure pipelines primarily used in the context of local distribution of natural gas, with a view to its delivery to customers, but not including supply;"

2008/04/07
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 1 – point (–a d) (new)

Directive 2003/55/EC
Article 2 – point 17

(–ad) point 17 shall be replaced by the following: "17) "interconnector" means a long-distance gas pipeline which crosses or spans a border between Member States for the main purpose of connecting the national transmission systems of these Member States;"

2008/04/07
Committee: ITRE

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."

2008/04/07
Committee: ITRE

Robert GOEBBELS, Hannes SWOBODA

Proposal for a directive – amending act
Article 1 – point 1 b (new)

Directive 2003/55/EC
Article 3 – paragraph 3

~~(Replacing Article 3 paragraph 3 of Directive 2003/55/EC by a nearly complete new~~(1b) In Article 3, paragraph 3shall be replaced by the following: "3. Member States shall take appropriate measures to address energy poverty in National Action Plans in order to ensure that the number of people in energy poverty decreases in real terms, and shall communicate such measures to the Commission. Member States may take an integrated approach to ensure that universal service obligations and public service obligations are met. Such measures may include special tariffs for vulnerable consumers and individual households and shall include energy efficiency improvements and targeted social support for low income consumer groups. The Commission shall provide indicators to monitor the impact of such measures on energy poverty. Such measures shall not impede the opening of the market set out in Article 23." Or. en paragraph)

2008/04/07
Committee: ITRE

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

Proposal for a directive – amending act
Article 1 – point 3

Directive 2003/55/EC
Article 5b

Member States and their national regulatory authorities 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 fos~~ with the aim of creating a competitive internal market, and shall facilitater the charmonsis~~tency~~ation of their legal and regulatory framework. The geographical area covered by regional cooperations shall be in line with the definition of geographical areas by the Commission in accordance with Article 2h(3) of Regulation (EC) No1775/2005.

2008/04/10
Committee: ITRE

Bernhard RAPKAY, Hannes SWOBODA, Norbert GLANTE, Robert GOEBBELS, Atanas PAPARIZOV, Anni PODIMATA, Catherine TRAUTMANN

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) and Article 9 or with the provisions of Article 9b."

2008/04/10
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 5

Directive 2003/55/EC
Article 7b – paragraph 13 a (new)

"13a. The procedures set out in this Article with particular reference to limitations set out in paragraph 2, shall not apply to upstream pipelines solely aimed at directly connecting networks of countries of origin of gas supplies to a landing point within the territory of the Community, and to their upgrades."

2008/04/10
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 6 b (new)

Directive 2003/55/EC
Article 8 – paragraph 3

(6b) In Article 8, paragraph 3 shall be replaced by the following: "3. Member States may, through their national regulatory authorities, require transmission system operators to comply with minimum standards for the maintenance and development of the transmission system, including interconnection capacity. National regulatory authorities should be given broader powers for the purpose of ensuring consumers protection within the Union."

2008/04/10
Committee: ITRE

Bernhard RAPKAY, Hannes SWOBODA, Norbert GLANTE, Robert GOEBBELS, Atanas PAPARIZOV, Anni PODIMATA, Catherine TRAUTMANN

Proposal for a directive – amending act
Article 1 – point 8 a (new)

Directive 2003/55/EC
Article 9 b (new)

(8a) The following Article shall be inserted: "Article 9b Effective and efficient legal 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 that are 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) appropriate financial resources for future investment projects shall be made available in the annual finance plan. The activities deemed necessary for the regular business of gas transmission mentioned in this paragraph shall include at least: – representation of the transmission system operator and contacts with third parties and the national regulatory authorities, – granting and managing third party access to the network, especially the access for new market operators and producers of biogas, – collection of the access charges, congestion rents and payments under the inter transmission system operator compensation mechanism in compliance with Article 7 of Regulation (EC) No 1775/2005, – 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. 2. The sharing of the staff and rendering of services, from and to any branch of the vertically integrated undertaking performing functions of generation or supply, shall be prohibited. 3. The transmission system operator shall not engage in any business or activity outside transmission which could be in conflict with its tasks, including the holding of shares or interests in any undertaking or part of the vertically integrated company or in any other electricity and gas company. Exceptions require the prior consent of the national regulatory authority and shall be restricted to shares and interests in other network businesses. 4. The transmission system operator shall have its own legal identity, significantly different from the vertically integrated undertaking with separate branding, communication and premises. 5. The transmission system operator shall not share any commercially advantageous and sensitive information with any undertaking of the vertically integrated undertaking unless it does so with all market participants in a non- discriminatory way. The transmission system operator shall, in cooperation with the national regulatory authority, define this information. 6. Transmission system operator's accounts shall be audited by another auditor than the one auditing the vertically integrated undertaking and all its affiliated companies. II. Independence of the transmission system operator's management, chief executive officer / executive board 7. Decisions on the appointment and on any early termination of the employment of the chief executive officer /members of the executive board of the transmission system operator and on conclusion or early termination of respective employment agreements with these persons shall be notified to the national regulatory authority. These decisions and agreements may become binding only if, within a period of 3 weeks after the notification, the national regulatory authority has not used its right of veto. A veto may be used if an appointment and conclusion of the respective agreement poses serious doubts as to the professional independence of the nominated chief executive officer / 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 if serious doubts exist regarding the basis and justification of such early termination. 8. Rights of appeal to the national regulatory authority or to a court shall be guaranteed to the members of the management of the transmission system operator regarding early terminations of their employment. 9. The national regulatory authority shall decide on such appeal within six months. This time period may be exceed only in exceptional and duly justified cases. 10. After the termination of employment in the transmission system operator, 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. 11. 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. 12. 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. 13. Without prejudice to the provisions above, the transmission system operator shall have all 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 parent company is able 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 14. The Chairman of the supervisory board/board of directors of the transmission system operator and all of its members shall not participate in any branch of the vertically integrated undertaking. They shall also not be members of the supervisory board/board of directors of any undertaking of the vertically integrated company. 15. The supervisory boards / boards of directors of transmission system operators shall also include independent members, appointed for at least 5 years. Appointment of the members of the supervisory board / board of directors shall be notified to the national regulatory authority and become binding under the conditions referred to in paragraph 7. 16. For the purpose of paragraph 15, 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 has no other relationship with, the vertically integrated undertaking, its controlling shareholders or the management of either, which 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 17. 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. This programme shall set out the specific obligations of employees of the transmission system operator to meet this objective. The programme shall be subject to approval of the regulatory authority. Compliance of the program by the transmission system operators 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. 18. 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) elaborating a detailed annual report, setting out the measures to be taken in order to implement the compliance programme and submitting it to the national regulatory authority; definition of measures for the implementation of the compliance program and presentation of the report to the national regulatory authority; (iii) issuing recommendations regarding the compliance programme and its implementation. 19. The independence of the compliance officer shall be guaranteed in particular by terms of the employment contract. 20. The compliance officer shall have the opportunity to regularly address the supervisory board/board of directors of the transmission system operator and of the vertically integrated undertaking and the regulatory authorities. 21. 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 7 of Regulation (EC) No 1775/2005; (ii) projects undertaken in order to operate, maintain and develop the transmission grid system, including interconnection and connection investments; (iii) balancing rules, including reserve power rules; (iv) energy purchases in order to cover energy losses. 22. 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. 23. 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 assigned tasks. 24. The compliance officer shall be nominated and removed by the chief executive officer / executive board only after the prior approval by the national regulatory authority. 25. Following revocation of the mandate of the compliance officer, the compliance officer should be barred from having business relations with the vertical integrated undertaking for a period of not less than five years. V. Grid development and powers to make investment decisions 26. Transmission system operators shall draw up a 10-year network development plan at least every two years. They shall take efficient measures in order to guarantee system adequacy and security of supply. 27. 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 and identify new investments for which an implementation decision has to be taken in the next three years. 28. In order to elaborate this 10-year network development plan, each transmission system operator shall make reasonable 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 national regulatory authority. 29. The national regulatory authority shall consult the draft plan with all relevant network users in an open and transparent manner and may publish the result of such consultation, in particular possible needs for investments. 30. The national regulatory authority shall examine whether the draft 10-year network development plan covers all investment needs identified in the consultation. The national regulatory authority may oblige the transmission system operator to amend his plan. 31. If the transmission system operator rejects to implement a specific investment listed in the 10-year network development plan in the next three years, Member States shall ensure that the national regulatory authority has the power to take one of the following measures: (a) to request, by all legal means, the transmission system operator to execute its investment obligations by using its financial capacities, or, (b) to invite independent investors to tender for the necessary investment in the transmission system and may, at the same time, 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, – to operate the respective new asset and –to accept a capital increase to finance the necessary investments and allow independent investors to participate in the capital increase. The relevant financial arrangements shall be subject to the approval of the national regulatory authority. In both cases, tariff regulation shall allow for revenues that cover the costs of such investments. 32. The national regulatory authority shall monitor and evaluate the implementation of the investment plan. VI. Decision making powers regarding the access of third parties to the transmission grid 33. Transmission system operators shall be required to establish and publish transparent and efficient procedures for non-discriminatory access of third parties to the network. Those procedures shall be subject to the approval of national regulatory authorities. 34. Transmission system operators shall not be entitled to refuse third parties access to the network on the grounds of possible future limitations to available network capacities, e.g. congestion in distant parts of the transmission network. The transmission system operator shall supply the necessary information. 35. Transmission system operators shall not be entitled to refuse a new access to the network on the sole ground that it would lead to additional costs linked with necessary capacity increase of grid elements in the close-up range to the connection point. VII. Regional cooperation 36. Member States which decide to cooperate on a regional level, shall place precise obligations on transmission system operators within a clearly defined time frame and progressively leading to the creation of a common regional dispatching centre responsible for security issues within six years of entry into force of Directive .../.../EC [amending Directive 2003/55/EC concerning common rules for the internal market in natural gas]. 37. If the cooperation between several Member States at a regional level encounters difficulties, following the joint request of these Member States the Commission may designate a regional coordinator. 38. The regional coordinator shall promote at a regional level the cooperation of regulatory authorities and any other competent public authorities, network operators, power 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 preparation of 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 while elaborating 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. VIII. Sanctions 39. In order to carry out the tasks assigned to it by this Article, the national regulatory authority: (i) shall be empowered to request any information from the transmission system operator and to directly contact all staff of the transmission system operator; if doubts remain, the national regulatory authority shall have the same power towards the vertically integrated undertaking and its subsidiaries; (ii) may conduct all necessary inspections of the transmission system operator and, if doubts remain, of the vertically integrated undertaking and its subsidiaries; Article 20 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty1 shall apply. 40. In order to carry out its tasks assigned to it by this Article, the national regulatory authority shall have the power to impose effective, appropriate and dissuasive sanctions to the transmission system operator and/or to the vertically integrated undertaking not complying with their obligations under this Article or any decisions of the national regulatory authority. This power shall include the right to: (i) impose effective, appropriate and dissuasive fines related to the turnover of the network company; (ii) issue orders to remedy a discriminatory behaviour; (iii) withdraw, partly or in full, the licence of the transmission system operator in case it repeatedly breaches the unbundling provisions set out in this Article." 1 OJ L 1, 4.1.2003, p. 1.

2008/04/10
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 11 c (new)

Directive 2003/55/EC
Article 19 – paragraph 1

(11c) In Article 19, paragraph 1 shall be replaced by the following: "1. For the organisation of access to storage facilities and linepack when technically and/or economically necessary for providing efficient access to the system for the supply of customers, as well as for the organisation of access to ancillary services, Member States may choose either or both of the procedures referred to in paragraphs 3 and 4. These procedures shall operate in accordance with objective, transparent and non- discriminatory criteria. National regulatory authorities shall observe compliance with these criteria."

2008/03/31
Committee: ITRE

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

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 ~~two~~five years from its adoption if construction of the infrastructure has not yet started, ~~and after five years if the infrastructure has not become operational and after five years if the infrastructure has not become operational~~unless the investor can prove that such delay is caused by third parties beyond its control. When exercising its powers under this Article, the Commission shall undertake prior consultations with the Agency.

2008/03/31
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 13

Directive 2003/55/EC
Article 22 – paragraph 6 a (new)

"6a.When exercising its powers under this Article, the Commission shall undertake prior consultations with the Agency."

2008/03/31
Committee: ITRE

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 ~~non- renewable~~ fixed term of at least five years, renewable once, or for a non-renewable term of up 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

Proposal for a directive – amending act
Article 1 – point 14

Directive 2003/55/EC
Article 24a – paragraph 3 a (new)

"3a. The Commission shall adopt minimum standards on transparency and accountability of national regulatory authorities through the adoption of guidelines to ensure full and effective compliance of national regulatory authorities with paragraphs 1 and 2. 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)."

2008/03/31
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 14

Directive 2003/55/EC
Article 24c – paragraph 1 – point (f)

(f) reviewing investment plans of the transmission system operators, and providing in its annual report an assessment of the investment plan of the transmission system operators as regards its consistency with the European wide 10- year network development plan mentioned in Article 2c of Regulation (EC) No 1775/2005; the investment plans of transmission system operators shall ensure that the skills and number of the staff are sufficient to meet the service obligations; failure to honour the investment plan shall result in proportionate sanctions imposed on the transmission system operator in accordance with the guidelines issued by the Agency;

2008/03/31
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 14

Directive 2003/55/EC
Article 24c – paragraph 1 – point (g)

(g) monitoring network security and reliability, ~~and reviewing~~setting or approving standards and requirements for quality of service and supply and reviewing performances for quality of service and supply network security and reliability rules;

2008/03/31
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 14

Directive 2003/55/EC
Article 24c – paragraph 1 – point (i a) (new)

"(ia) monitoring the occurrence of restrictive contractual practices, including exclusivity provisions, which may prevent or restrain the choice of non-household customers from contracting simultaneously with more than one supplier; where appropriate, the national regulatory authorities shall inform the national competition authorities of such practices;"

2008/03/31
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 14

Directive 2003/55/EC
Article 24c – paragraph 1 – point (j)

(j) monitoring the time taken by transmission and distribution undertakings to make connections and repairs; and imposing sanctions in accordance with the guidelines issued by the Agency if these time periods are exceeded without due cause.

2008/03/31
Committee: ITRE

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, ensuring 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 and enforced;

2008/03/31
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 14

Directive 2003/55/EC
Article 24c – paragraph 1 – point (o a) (new)

"(oa) ensuring that wholesale fluctuations in prices are transparent;"

2008/03/31
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 14

Directive 2003/55/EC
Article 24c – paragraph 3 – point (c)

(c) to ~~request~~obtain any information from natural gas undertakings relevant for the fulfilment of its tasks, including justifications for refusal to grant third party access, and any information on measures necessary to reinforce the network; and to cooperate with financial market regulators where necessary;

2008/03/31
Committee: ITRE

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 for access to LNG facilities and methodologies for their calculation, or alternatively, the methodologies and their monitoring for setting or approving the transmission and distribution tariffs. These tariffs 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

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 for access to LNG facilities. These tariffs 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. These tariffs may also provide for special regulatory treatment for new infrastructures.

2008/03/31
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 14

Directive 2003/55/EC
Article 24c – paragraph 5

5. In fixing or approving the t~~ariff~~erms and conditions of the tariffs and the balancing services, 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

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 referred to in this Article, to ensure that they are proportionate and applied in a non- discriminatory manner.

2008/03/31
Committee: ITRE

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 license~~authorised 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

Proposal for a directive – amending act
Article 1 – point 17

Directive 2003/55/EC
Annex A – point (j a) (new)

"(ja) The European Charter on the Rights of Energy Consumers, as proposed by the Commission, shall serve as a basis for the guidelines on consumers protection proposed by the Agency to the Commission."

2008/03/31
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 17

Directive 2003/55/EC
Annex A – point (j b) (new)

"(jb) A statutory independent body representing consumers in the field of energy shall be established in every Member State. This body shall represent consumers in formal consultations with the relevant bodies relating to the internal energy market. This body shall ensure that end customers are appropriately protected according to the provisions set out in this Directive and shall also be responsible for providing, in particular, independent advice and reliable information to the consumers."

2008/03/31
Committee: ITRE

Bernhard RAPKAY, Hannes SWOBODA, Norbert GLANTE, Robert GOEBBELS, Atanas PAPARIZOV, Anni PODIMATA, Catherine TRAUTMANN

Proposal for a directive – amending act
Article 2 – paragraph 2 a (new)

2a. The Commission shall report to the European Parliament and the Council annually on the formal and practical implementation of this Directive in each Member State.

2008/03/31
Committee: ITRE

Bernhard RAPKAY, Hannes SWOBODA, Norbert GLANTE, Robert GOEBBELS, Atanas PAPARIZOV, Anni PODIMATA

Proposal for a directive – amending act
Article 2 – paragraph 2 b (new)

2b. Six years after the entry into force of this Directive, the Commission shall, on the basis of public consultations, in the light of discussions with the competent authorities and after having received an opinion by the Agency for the Cooperation of Energy Regulators, report to the European Parliament and the Council on the desirability of maintaining or amending this Directive. The several versions of restructuring gas companies laid down in Articles 7a to 7d and Articles 9 and 9b of Directive 2003/55/EC shall be verified, in particular, in terms of the effectiveness of their impact on network access and the necessary investments.

2008/03/31
Committee: ITRE