178 Amendments of Eugenijus MALDEIKIS
Amendment 20 #
2009/0010(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In the case of gas and electricity interconnections, the challenges have developed in the course of the last years. The recent gas crises (winters 2006 and 2009) and the increase of oil prices until mid-2008 showed how much Europe was vulnerable. The lack of interconnections from eastern European countries into the EU energy market has not yet been addressed. Indigenous energy resources – gas and oil – are decreasing so that Europe is increasingly dependent on imports for its energy supply. In this context, energy infrastructure will play a crucial role.
Amendment 23 #
2009/0010(COD)
Proposal for a regulation
Recital 8 a
Recital 8 a
(8a) Among the energy infrastructure projects, it is necessary to select projects that are important to the operation of the internal energy market, to the security of energy supply and which will also contribute to easing the effects of the recession and thereafter to the recovery of the economy.
Amendment 41 #
2009/0010(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Due to the urgent need to address the economic crisis and the Community's pressing energy needs, this Regulation should enter into force immediately after its publication, ; and in addition, the Commission should prepare a new programme to aid economic recovery by granting Community financial assistance to projects in the field of energy for the period after 2010.
Amendment 146 #
2009/0010(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30a Future perspectives 1. The Commission shall prepare a new programme to aid economic recovery by granting Community financial assistance to projects in the field of energy for the period after 2010. 2. The Commission shall, in preparing a new programme, take into account the current economic and political conditions, and organise consultations with all interested parties and experts, but prior to this shall carry out an impact assessment, to determine the most urgent areas for investments. 3. In parallel, the Commission shall develop a strong and significant financing mechanism for the new programme.
Amendment 61 #
2008/2239(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that energy solidarity must become a major EuropeEmphasises the need to strive for energy solidarity at European, regional and bilateral level and concern andsiders that damaging energy supply in a Member State is tantamount to damaging the supply of the EU as a whole;
Amendment 86 #
2008/2239(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Supports the development of gas and electricity interconnections through Ccentral, eastern and Ssouth-eastern Europe along a north- south axis, recalling that the networks in Northern Europe are inadequate and that these regions are isolated; calls therefnd their connection with the western European energy network; stresses the need to draw up a Baltic infrastructure development plan connecting the Baltic region to the common European energy networek, by way of example, for gas to be supplied to Poland from Eastern Germparticularly in view of the negative consequences for the Baltic region of the possible decommissioning of the Ignalina nuclear power planyt;
Amendment 110 #
2008/2239(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Seeks, in accordance with the principle of European energy solidarity, to ensure security of supply and of energy under the conditions of economic recession, and calls on the Council and the Commission to investigate the possibility of prolonging the operation of unit 2 of the Ignalina nuclear power plant;
Amendment 155 #
2008/2239(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that the completion of the market will be a success if ionly if physical connections linking all EU Member States to one common energy network are constructed and if that market makes it possible ultimately to avoid volatility of energy prices, and that Directive 2003/87/EC1, which is currently being revised, provides, in a comprehensible and predictable manner, an assessment of carbon dioxide costs; 1 OJ L 275, 25.10.2003, p. 32.
Amendment 160 #
2008/2239(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. RecCalls that, even with the implementation of very ambitious and drastic energy efficiency and energy saving plans, the EU will still be dependent on third countries for supplies of fossil energy; calls therefore for dialogue with producer countries to be stepped up and, more generally, for enhanced international cooperation to increase transparency on world energy markets and tackle the issue of sustainable developmenfor enhanced international cooperation to increase transparency on world energy markets and for measures to be taken against speculative transactions on the energy products market;
Amendment 161 #
2008/2239(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that, even with the implementation of very ambitious and drastic energy efficiency and energy saving plans, the EU will still be dependent on third countries for supplies of fossil energy; calls, therefore, for dialogue with producer countries to be stepped up and, more generally, for enhanced international cooperation to increase transparency on world energy markets and tackle for the issue of sustainable development to be tackled;
Amendment 177 #
2008/2239(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Advocates an approach geared to conciliation in the dialogue with Russia, which supplies 42% of the EU's gas, as well as 100% of the gas imported by Poland, Finland and the Baltic States; notes that relations between the EU and Russia are based on interdependence and that, in the continuation of the negotiations, the EU should refrain from demanding ratification of the Energy Charter, while reminding the Russian authorities of their endorsement of the principles of the Charter; hopes, by way of example, that the Nabucco gas pipeline project will be carried out in cooperation with Russia in order to avoid competition between two gas pipelines and to be able ultimately to transmit gas from Russia, Iran or the Caspian Seaenergy cooperation between the EU and Russia should be based on the principles of the Energy Charter;
Amendment 190 #
2008/2239(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls, with a view to ensuring security of energy supply in the EU, for a compromise to be found in south-eastern Europe in order to avoid competition between two gas pipelines;
Amendment 193 #
2008/2239(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the need to include Turkey in the European arrangements for on-going dialogue with the Caspian/Caucasus region on acCalls for permanent dialogue with Turkey, Russia, the South Caucasus and the countries of the key role which it can play as a transit countrCaspian Sea region, thereby ensuring security of supply;
Amendment 11 #
2008/2135(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas economic imbalances between India's States, and therefore an unbalanced distribution of wealth and national income require the adoption of sound complementary economic policies, including tax harmonisation and focusing capacity building efforts on the poorest States, enabling them to use funds,
Amendment 57 #
2008/2135(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes India's decreased average applied tariffs; stresses that these levels remain a genuine problem for European industry; calls on India to bind its imports tariffs at levels closer to its applied rates within the context of the DDA and to make further efforts in removing part of the existing non tariff barriers;
Amendment 114 #
2008/2135(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. EIs concerned about the huge amount of State subsidies and in particular export subsidies, granted to Indian companies, which clearly distort competition with EU partners; in this respect encourages the implementation of the new Indian competition law; believes that the European Union should incorporate Art 81 and 82 of the Treaty in the FTA to secure commitments on competition policy;
Amendment 130 #
2008/2135(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Is concerned about child labour in India, very often exploited in unsafe and unhealthy conditions; asks the Commission to address the issue during the negotiations on the FTA and asks the Indian government to maximise its efforts to remove the underlying causes in order to end this phenomenon;
Amendment 10 #
2008/2104(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that the new agreement should review the goals, means and policiprinciples and objectives which define EU relations with Russia in a pragmatic manner which neverthelessand with a view to promotesing the rule of law, dialogue and mutual interests;
Amendment 14 #
2008/2104(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 16 #
2008/2104(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that the future Russian accession to the WTO will significantly influencis of major importance for future EU-Russia economic relations and should lead tos it opens the possibility for deeper economic integration between them, within the framework of the Common Economic Space; calls on the Commission to consider the negotiation of a possible free trade agreement following Russia's accession to the WTO; EU and Russia; calls on the Commission to pursue the aim of negotiating a deep and comprehensive free trade agreement following Russia's accession to the WTO, covering all relevant issues related to trade in goods, services and investments, including in the field of energy;
Amendment 20 #
2008/2104(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges Russia to not only to work towards concluding the outstanding WTO bilateral Market Access Agreements, but also to fulfil and implement its commitments pursuant to thefind solutions for outstanding issues to be discussed bilaterally and in the multilateral framework, including the implementation of bilateral agreements it has already signreached, such as the agreement with the EC of May 2004;
Amendment 22 #
2008/2104(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Urges the Russian government and the relevant institutionauthorities to improve the investment and business climate, ensure and increase competition in the economy, eliminate technical barriers and promote law enforcement; stresses the importance of implementing trademark protection, copyright and patent laws to secure intellectual property rights as well to prepare rules for their application; underlines the need for clear, predictable and non-discriminatory rules for investments; urges the Russian authorities in this respect to ensure that the implementation of the new law on strategic sectors does not create any unnecessary obstacles to investments;
Amendment 28 #
2008/2104(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes the progress made on the unification of import/export duties but stresses that unresolved issues still exist, notably with regard to rail transit tariff equalisationRecalls the key outstanding issues for the EU, namely concerning export duties (on wood but also related to the future stability and predictability of the system) and railway fees; underlines the importance of expanding agricultural and food trade between Russia and the European Union; stresses, in this respect, that progress should be made on both sides on compliance with the standard requirements in order to facilitate mutual trade; stresses the need for Russia to harmonize the sanitary and phyto-sanitary requirements in dairy, grain and meat products;
Amendment 31 #
2008/2104(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on Russia to sign the draft agreement on Siberian overflight payments which has been substantially already agreed; recalls that removing this long standing trade irritant would give a positive signal for EU-Russia economic relations;
Amendment 14 #
2008/2031(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Does not accept the policy of double standards and believes that sanctions should be imposed regardless of whether or not the infringement is to the detriment of Community citizens and/or EU trade interestBelieves that the application and evaluation of sanctions by the European Union for infringements of human rights must in principle prevail over any prejudices deriving from their application to the trading interests of the European Union and its citizens;
Amendment 21 #
2008/2031(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that trade sanctions should bein the strict sense may be preceded or backed up by tools such as flight bans, restrictions on financial transactions, diplomatic warnings, suspension of cooperation, boycotting of events, etc.;
Amendment 26 #
2008/2031(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that often, developing countries upon which sanctions have been imposed do not have the necessary resourcesmust receive the necessary resources and proper technical support at the WTO to enable them to play a more active role in that organisation and thus be able, when circumstances so require, to appeal to the WTO’s Dispute Settlement Mechanism and; calls on the Commission to take action in the WTO to change this state of affairs;
Amendment 64 #
2008/0231(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) In order to ensure the effective implementation of safety requirements for nuclear installationsregulation of nuclear safety, Member States should establish regulatory bodies as independent authoritiof interests that could unduly affect decisions on nuclear safety issues. Regulatory bodies should be provided with adequate competence and allocated sufficient financial and human resources in order to be able to discharge their duties.
Amendment 81 #
2008/0231(CNS)
Proposal for a directive
Article 2 – point 1
Article 2 – point 1
(1) "nuclear installation” means a nuclear fuel fabrication plant, research reactor (including subcritical and critical assemblies), nuclear power plant, spent fuel storage facilityies, enrichment plant or reprocessing facility, including facilities for handling and treatment of radioactive substances generated during the operation of an installation;
Amendment 83 #
2008/0231(CNS)
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) “nuclear safety” means the achievement of proper operating conditions through measures taken with a view to the, prevention of accidents or mitigation of accident consequences, resulting in protection of workers, and the general public and the air, watfrom dangers and soil from undue radiation hazards arisingrising from ionizing radiations from nuclear installations;
Amendment 145 #
2008/0231(CNS)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. As regards the safety of new nuclear power reactors Member States shall aim to develop additionalnd maintain the system of safety requirements, in line with the continuous improvement of safety on the basis of the safety levels developed by the Western European Nuclear Regulators' Association (WENRA) and in close collaboration with the European High Level Group on Nuclear Safety and Waste Management.
Amendment 159 #
2008/0231(CNS)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Licence holders shall allocate adequate financial and human resources to fulfil their obligations and shall ensure that the appointed staff have all necessary qualifications.
Amendment 20 #
2008/0000(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas, due to the characteristics of the European industrial base, access to raw materials worldwide is a vital component of EU industrial competitiveness and of its economic development,
Amendment 21 #
2008/0000(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas there are many examples of policies and measures which hinder EU companies' access to raw materials worldwide on an equal basis,
Amendment 22 #
2008/0000(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas the strengthening of research and innovation plays an important role in encouraging sustainable raw materials supplies,
Amendment 30 #
2008/0000(INI)
Motion for a resolution
Recital J
Recital J
J. whereas climate change is taking place and is caused by human activity; whereas the extraction and production of raw materials and commodities could results in significant emissions of greenhouse gases and therefore should take into account their effects on climate change,
Amendment 44 #
2008/0000(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Regrets that many developing countries have been locked into the production and export of raw materials and commodities whose volatile prices have been declining over the long- term, constituting a serious impediment to the alleviation of poverty as well as the realisation of the MDGs; stresses that the developme but recognises that increasing commodity prices have contributed to significant improspect of the world's poorest people and countries is today being endangered by climate changevements in the external accounts of some developing countries, dependent on primary commodities;
Amendment 46 #
2008/0000(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the European Union needs a comprehensive strategy to secure better and non discriminatory access to raw materials, which eliminates international trade distortions and ensures effective competition on raw materials markets;
Amendment 48 #
2008/0000(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission to seek the effective elimination of the causes of distortions by firmly raising these issues in bilateral consultations and negotiations and to promote the development of new WTO rules at a multilateral level;
Amendment 58 #
2008/0000(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Encourages developing countries to raise the necessary investments and consolidate economic diversification through strengthened infrastructure and institutional capacity building, promoting good governance in managing economic development as well as facilitating access and distribution of products from small scale producers to local markets which also would strengthen regional integration and economies of scale, urges the Commission to use aid- for- trade as an important tool for development as well as strengthen existing mechanisms for transfer of technology, especially as a means to manage climate change;
Amendment 64 #
2008/0000(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 82 #
2008/0000(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 89 #
2008/0000(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. UnderstandStresses that high oil prices reinforce the necessary structural changes towardsity of an urgent and different approach in energy policy aiming at improving energy efficiency and an increased use of renewableother energy sources, including renewable energy;
Amendment 94 #
2008/0000(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Points out that the new trading policy of some emerging countries, especially China, searching for raw materials worldwide, in particular in Africa, is having a major and negative impact on the European Union's access to commodities in this continent, because of an approach based on one-to-one relations between States and neglecting references to human rights, corporate social responsibility and environmental and social standards;
Amendment 4 #
2007/2265(INI)
Motion for a resolution
Recital B
Recital B
B. whereas a successful, balanced conclusion of the Doha Development Agenda offers the greatest hope of aiding developing countries', in particular the least developed countries' (LDCs), integration into the international trading system,
Amendment 13 #
2007/2265(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. BIs aware that negotiating an agreement with a region made up of many countries is more complicated than an agreement with one country; nevertheless believes that inter-regional agreements can more usefully supplement the multilateral system provided they are wide-ranging and ambitious, going well beyond tariff reductions in order toand implement social and environmental standards;
Amendment 16 #
2007/2265(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Regards a high quality agreement as more important than a rapid timetable but is concerned about the slow pace of negotiations which mayshows all the difficulties in reaching an agreement such as the weakness in developing a common position and the lack of negotiating capacity on the ASEAN side but may also indicate a lack of political commitment;
Amendment 22 #
2007/2265(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers an ambitious sustainable development chapter to be an essential part of any agreement but recalls that the ultimate objective is the enforcement of agreed standards; takes the view that this requires the chapterRegrets that many developing countries are cautious and often hostile to the inclusion of a sustainable development chapter in a free trade agreement (FTA); nevertheless considers such a chapter to be an essential part of any agreement and to be subject to the standard dispute settlement mechanism;
Amendment 6 #
2007/2198(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
13a. having regard to the evaluation report of the external consultancy Mayer, Rowe and Maw LLP, entitled “Evaluation of EC Trade Defence Instruments” (December 2005),
Amendment 7 #
2007/2198(INI)
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
13b. having regard to the document of the Commission entitled “Evaluation of the responses to the public consultation on Europe's trade defence instruments in a changing global economy” (19 November 2007),
Amendment 10 #
2007/2198(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the results of the public consultation are available in the document entitled "Evaluation of the responses to the public consultation on Europe's trade defence instruments in a changing global economy" (19 November 2007),
Amendment 11 #
2007/2198(INI)
Motion for a resolution
Recital B
Recital B
Amendment 15 #
2007/2198(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, in the absence of internationally agreed upon competition rules in the WTO currently leaves no alternative but TDIs to, TDIs are the only suitable solution for dealing with unfair trade practices,
Amendment 22 #
2007/2198(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, in TDI investigations, a balance has too often failed to be attained among taking timely action when unfair trade is injuring EU industry, the need to maintain the quality and thoroughness of Commission investigations and the maintenance of transparency and opportunity for all interested parties to contribute,
Amendment 27 #
2007/2198(INI)
Motion for a resolution
Recital E
Recital E
E. whereas anti-dumping is a very specific and narrowly focused instrument tackling anticompetitive practices; whereas antidumping is not and is not currently designed to tackle labour and environmental standards and to apply such standards that would hardly be in line with current WTO regulation,
Amendment 31 #
2007/2198(INI)
Motion for a resolution
Recital F
Recital F
Amendment 32 #
2007/2198(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas, in a globalised world, EU companies need a reinforced mechanism to combat unfair commercial practices, allowing them to create jobs and stimulate growth in the Union,
Amendment 41 #
2007/2198(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
- 1. Asks the Commission to take into account the results of the Green Paper for public consultation (COM(2006)0763) and the results of the independent study that it ordered, as both reflect the legitimate interests of all stakeholders;
Amendment 45 #
2007/2198(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 51 #
2007/2198(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that, in the absence of internationally recognised rules on competition, the current European TDI system is the best response to ensure a level playing field for all actors and to avoid distorting effects in international trade;
Amendment 54 #
2007/2198(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 59 #
2007/2198(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that the EU already has a TDI regime with higher standards, resulting in more stringent application, than other trading partners especially with regard to the initiation, course and subsequent outcome of these investigations;
Amendment 75 #
2007/2198(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that the current EU TDI system already takes due account of the rightful and legitimate interests of all European stakeholders, as was stated by the majority of governments and stakeholders during the public consultation on the above-mentioned Green Paper;
Amendment 76 #
2007/2198(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 81 #
2007/2198(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 84 #
2007/2198(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Asks the Commission to act accordingly in order to instil social and environmental considerations into the reform of antidumping rules during the WTO negotiations, based on the international fundamental social and environmental standards that already exist;
Amendment 85 #
2007/2198(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 86 #
2007/2198(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 90 #
2007/2198(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that the EU TDI system should address all increasing unfair trade behaviour that hampers the ordinary course of trade, such as fraud, circumvention, dual pricing and violations of IPR, which greatly affect fair competition in international markets;
Amendment 93 #
2007/2198(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 99 #
2007/2198(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Asks the Commission to maintain its strict criteria when initiating new TDI investigations in order to guarantee that prima facie evidence is provided by the complainants and that all the AD conditions for initiation are met;
Amendment 100 #
2007/2198(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 101 #
2007/2198(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Is worried about the increasing use by the Commission of ex officio review in order to restrict or terminate measures in force;
Amendment 105 #
2007/2198(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 112 #
2007/2198(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 116 #
2007/2198(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 120 #
2007/2198(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 123 #
2007/2198(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 125 #
2007/2198(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Believes that there is no reason to reconsider the current definition of "Community industry" so as to take greater account of the interests of those companies which have moved or subcontracted part of their production outside the Union in so far as those companies are not affected by the duties unless they engage in dumping or receive subsidies;
Amendment 127 #
2007/2198(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 128 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Urges the Commission to open anti- dumping and countervailing procedures and to impose provisional duties as soon as possible when all the legal requirements have been met, including a threat of injury for the industry concerned;
Amendment 129 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Considers that anti-dumping procedures should always give priority to the need to restore a level playing field, as the effects of unfair competition in the long run are against the interests of all participants in the Community market;
Amendment 130 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Considers therefore that the analysis of the impact on other interests can only justify the non-imposition of anti- dumping measures in exceptional cases, where it is obvious that defence measures will not be able to improve the situation of Community producers, and in any event cannot justify a downward adjustment in the level or duration of the duties imposed;
Amendment 131 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Calls on the Commission to maintain its current practice that ensures the use of realistic and suitably motivated requirements when choosing an "analogue country" for investigative procedures;
Amendment 132 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Considers that the countervailing duty and the anti-dumping instrument are two distinct instruments with their own scope of application that could be used in a complementary way;
Amendment 133 #
2007/2198(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 135 #
2007/2198(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 137 #
2007/2198(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Endorses the creation of the Hearing Officer within the Commission’s DG Trade to assist interested parties; calls on the Hearing Officer to submit, following an independent analysis, to the European Parliament periodic reports in particular on the handling of cases by the Commission, including the conformity of the administrative practices with the basic regulations, and on the synthesis of its activities; stresses that for the sake of transparency and ensuring a meaningful role for the Hearing Officer, his/her reports following individual interventions should be made known to interested parties and the Antidumping Committee;
Amendment 138 #
2007/2198(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 140 #
2007/2198(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to increase the transparency and predictability of the procedure of TDI investigations in the EU, to accelerate and simplify procedures, as well as to facilitate the accessibility of TDIs for SMEs, as they constitute the majority of the European industrial sector;
Amendment 143 #
2007/2198(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to improve the quality of and access to non- confidential information provided by other parties during the investigation and improve access to confidential information in order to strengthen defence rights;
Amendment 145 #
2007/2198(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 146 #
2007/2198(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 147 #
2007/2198(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 152 #
2007/2198(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 154 #
2007/2198(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 159 #
2007/2198(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 162 #
2007/2198(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 164 #
2007/2198(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Urges the Commission to guarantee that the process of decision-making in TDI investigations is based on transparent and objective standards;
Amendment 165 #
2007/2198(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 167 #
2007/2198(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 170 #
2007/2198(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Underlines that the legal certainty and the legal framework within which TDI investigations are conducted, are fundamental taking into account that the standard court procedure takes too long to properly address possible flaws in TDI investigations; underlines the need to ensure that interested parties have recourse to expedited judicial review;
Amendment 174 #
2007/2198(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 177 #
2007/2198(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Asks for a greater share competence for other services of the Commission when conducting investigations, in order to guarantee the transparency and effectiveness of all TDI investigation procedures;
Amendment 178 #
2007/2198(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Calls for real and strong involvement of the European Parliament, in order to improve the credibility and transparency of the trade defence policy in general and of TDIs in particular;
Amendment 179 #
2007/2198(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 182 #
2007/2198(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Highlights and welcomes the fact that, through the ratification of the Treaty of Lisbon, the European Parliament will gain co-decision power in TDI matters; therefore requests the Commission not to introduce any kind of changes to the TDI procedures until the ratification of the Treaty;
Amendment 183 #
2007/2198(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 185 #
2007/2198(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Considers that, under the Community interest test, the interests of Community producers must be given priority over other interests at stake;
Amendment 186 #
2007/2198(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 190 #
2007/2198(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Asks the Commission to use the Community interest test only as a last resort and to always address the removal of injurious dumping as its first priority;
Amendment 193 #
2007/2198(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 195 #
2007/2198(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 198 #
2007/2198(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Stresses that, given that TDIs are a concept developed within the WTO mandate, it can hardly be advisable to engage in a process of unilateral revision of such instruments: reciprocity, as well as parallel steps towards their revision, on a multilateral level, namely on the part of the major EU trading partners, should be a precondition for this initiative; recalls that for the time being TDIs are the sole instruments in international trade law to address unfair trading practices;
Amendment 199 #
2007/2198(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
Amendment 201 #
2007/2198(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Asks the Council to demonstrate solidarity when dealing with TDIs, in order to guarantee that European industry and its workers are effectively protected when confronted with unfair competition;
Amendment 203 #
2007/2198(INI)
Motion for a resolution
Paragraph 38 b (new)
Paragraph 38 b (new)
Amendment 204 #
2007/2198(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 207 #
2007/2198(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Urges the Commission not to propose a reform of the European regulation on TDI while the WTO negotiations are ongoing and until a real consensus is found among stakeholders and Member States;
Amendment 39 #
2007/0199(COD)
Proposal for a regulation – amending act
Recital 3
Recital 3
(3) However, at present, the right to sell gas in any Member State on equal terms, without discrimination or disadvantage cannot be guaranteed to any company in the Community. In particular, non- discriminatory network access and an equally effective level of regulatory supervision in each Member State do not yet exist and isolated markets still remain.
Amendment 46 #
2007/0199(COD)
Proposal for a regulation – amending act
Recital 4
Recital 4
(4) The Communication of the Commission to the European Parliament and the Council entitled "An Energy Policy for Europe" highlighted the importance of completing the internal market in natural gas and to create a level playing field for all gas companies in the Community. The Communication from the Commission to the European Parliament and to the Council on prospects for the internal gas and electricity market and the Communication from the Commission "Inquiry pursuant to Article 17 of Regulation (EC) No 1/2003 into the European gas and electricity sectors (Final Report)" showed that the present rules and measures do not provide the necessary framework or provide for the creation of physical connections to achieve the objective of a well functioning internal market.
Amendment 47 #
2007/0199(COD)
Proposal for a regulation – amending act
Recital 6
Recital 6
(6) In particular, the creation of physical connections between gas networks and increased cooperation and coordination among transmission system operators isare required to ensure progressive compatibility of the technical and commercial codes for providing and managing effective access to the transmission networks across borders, and to ensure coordinated and sufficiently forward looking planning and sound technical evolution of the transmission system in the Community, with due regard to the environment, and promote energy efficiency and research and innovation notably with respect to ensuring penetration of renewables and dissemination of low carbon technology. Transmission system operators should operate their networks according to these compatible technical and market codes.
Amendment 80 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 1 - point (a)
Article 2 c – paragraph 1 - point (a)
(a) technical and market codeopinions and recommendations ion the areas mentioned in paragraph 3draft guidelines and draft codes referred to in Article 2e;
Amendment 89 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 1 – point c a (new)
Article 2 c – paragraph 1 – point c a (new)
(ca) guidelines on the coordination of technical cooperation between transmission system operators and third-country transmission system operators;
Amendment 91 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 2
Article 2 c – paragraph 2
2. The annual work programme referred to in paragraph 1(d) shall contain a list and description of the technical and market codescodes developed in accordance with Article 2eb, a plan on coordination ofmmon operation of the network and research and development activities, to be drawn up in that year and an indicative calendar.
Amendment 99 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 3
Article 2 c – paragraph 3
Amendment 109 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 4
Article 2 c – paragraph 4
4. The European Network of Transmission System Operators for Gas shall monitor the implementation of the technical and market codes and include the results of its monitoring activities in the annual report referred to in paragraph 1(e)Agency shall monitor the implementation of the codes by the European Network of Transmission System Operators for Gas.
Amendment 124 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 6
Article 2 c – paragraph 6
Amendment 134 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 d – paragraph 2 – subparagraph 1
Article 2 d – paragraph 2 – subparagraph 1
2. The European Network of Transmission System Operators for Electricity shall submit the draft technical and market codes,its opinions and recommendations on the guidelines and the draft codes, as well as the draft 10-year investment plan and the draft annual work programme, including the information regarding the related consultation processes, to the Agency.
Amendment 143 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e
Article 2 e
Amendment 162 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e a (new)
Article 2 e a (new)
Amendment 163 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e b (new)
Article 2 e b (new)
Article 2eb Development of codes 1. On adoption of the guidelines in accordance with Article 2ea, the Commission shall mandate ENTSOG to develop within six months draft codes, fully complying with the principles established in the guidelines. 2. In the drafting of these codes ENTSOG shall take into consideration technical expertise from market participants and shall keep them informed. 3 ENTSOG shall submit the draft codes to the Agency. 4. The Agency shall consult on the draft codes extensively in an open and transparent manner. 5. On the basis of the consultation, the Agency shall finalize and adopt the draft. It shall make public all observations received, unless confidential, and explain how they have been taken into consideration in the final draft codes or justify their rejection. 6. On the initiative of the Agency or at the request of the ENTSOG, the existing codes may be revised following the same procedure
Amendment 167 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 f – paragraph 1
Article 2 f – paragraph 1
1. In carrying out its tasks, the European Network of Transmission System Operators for GasAgency shall consult extensively, at an early stage and in an open and transparent manner, in particular while preparing the technical and market codes and its annual work programme referred to in Article 2c(1) and (3), with all appropriate market participants; the consultation shall include supply undertakings, customers, system users, distribution system operators, LNG system operators and storage system operators, including relevant (industry) associations, technical bodies and stakeholder platforms.
Amendment 172 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 f – paragraph 3
Article 2 f – paragraph 3
3. Before adopting the annual work programme and the technical and market codes referred to in Article 2c(1) and (3), the European Network of Transmission System Operators for Gasguidelines and codes, the Agency shall indicate the observations received in the consultation and how these observations are taken into consideration. It shall give a reasoned opinion where observations have not been taken into account.
Amendment 199 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Regulation (EC) No 1775/2005
Article 4 a (new)
Article 4 a (new)
(5a) The following Article 4a shall be inserted: ‘Article 4a Technical cooperation between transmission system operators with third countries 1. The national regulatory authorities shall provide the technical cooperation between transmission system operators and their third-country counterparts. 2. If incompatibilities with the rules and codes adopted by the Agency occur, the national regulatory authority shall request explanations from the Agency.
Amendment 256 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 13 a (new)
Article 1 – point 13 a (new)
Regulation (EC) No 1775/2005
Article 9 – title
Article 9 – title
(13a) The title of Article 9 is replaced by the following: "Guidelines relating to the inter- transmission system operator compensation mechanism"
Amendment 262 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 1775/2005
Article 9 – paragraph 1 – point h
Article 9 – paragraph 1 – point h
Amendment 15 #
2007/0198(COD)
Proposal for a regulation – amending act
Recital 3
Recital 3
(3) However, at present, the right to sell electricity in any Member State on equal terms, without discrimination or disadvantage cannot be guaranteed to any company in the Community. In particular, non-discriminatory network access and an equally effective level of regulatory supervision in each Member State do not yet exist and isolated markets still remain.
Amendment 16 #
2007/0198(COD)
Proposal for a regulation – amending act
Recital 4
Recital 4
(4) The Communication of the Commission to the European Parliament and the Council entitled "An Energy Policy for Europe" highlighted the importance of completing the internal market in electricity and to create a level playing field for all electricity companies in the Community. The Communication from the Commission to the European Parliament and to the Council on prospects for the internal gas and electricity market and the Communication from the Commission "Inquiry pursuant to Article 17 of Regulation (EC) No 1/2003 into the European gas and electricity sectors (Final Report)" showed that the present rules and measures do not provide the necessary framework or provide for the creation of physical connections to achieve the objective of a well functioning internal market.
Amendment 17 #
2007/0198(COD)
Proposal for a regulation – amending act
Recital 6
Recital 6
(6) In particular, the creation of physical connections and increased cooperation and coordination among transmission system operators isare required to ensure progressive compatibility of the technical and commercial codes for providing and managing effective access to the transmission networks across borders, and to ensure coordinated and sufficiently forward looking planning and sound technical evolution of the transmission system in the Community, with due regard to the environment, and promote energy efficiency and research and innovation notably with respect to ensuring penetration of renewables and dissemination of low carbon technology. Transmission system operators should operate their networks according to these compatible technical and market codes.
Amendment 42 #
2007/0198(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1228/2003
Article 2c – paragraph 1 – point c a (new)
Article 2c – paragraph 1 – point c a (new)
(ca) guidelines on the coordination of technical cooperation between Community transmission system operators and third-country transmission system operators;
Amendment 53 #
2007/0198(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1228/2003
Article 2c – paragraph 4
Article 2c – paragraph 4
4. The Agency shall monitor the implementation of the codes by the European Network of Transmission System Operators for Electricity shall monitor the implementation of the technical and market codes and include the results of its monitoring activities in the annual report referred to in paragraph 1(e).
Amendment 86 #
2007/0198(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1228/2003
Article 2 e a (new)
Article 2 e a (new)
Article 2ea Development of guidelines 1. The Commission shall, after consultation with the Agency, establish an annual priority list identifying issues of prime importance for the development of the internal market in electricity. 2. Having regard to the priority list, the Commission shall mandate the Agency to develop within no more than six months draft guidelines setting basic, clear and objective principles for the harmonisation of rules, as set out under Article 2c . 3. In the drafting of these guidelines, the Agency shall consult extensively in an open and transparent manner and shall keep ENTSO and other stakeholders informed. 4. The Agency shall finalize the draft guidelines on the basis of the consultation. It shall make public all observations received, unless confidential, and explain how they have been taken into consideration in the final draft of the guidelines or justify their rejection. 5. The Commission shall submit the draft guidelines to the Committee referred to in Article 13(1) for their final adoption in accordance with the procedure referred to in Article 13(2). 6. The Commission, at its own initiative or upon request of the Agency, may initiate the same procedure for the up-dating of guidelines.
Amendment 88 #
2007/0198(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1228/2003
Article 2 e b (new)
Article 2 e b (new)
Article 2eb Development of codes 1. On adoption of the guidelines in accordance with Article 2ea, the Commission shall mandate ENTSO to develop within six months draft codes, fully complying with the principles established in the guidelines. 2. In the drafting of these codes ENTSO shall take into consideration technical expertise from market participants and shall keep them informed. 3. ENTSO shall submit the draft codes to the Agency. 4. The Agency shall consult on the draft codes extensively in an open and transparent manner. 5. On the basis of the consultation, the Agency shall finalize and adopt the draft codes. It shall make public all observations received, unless confidential, and explain how they have been taken into consideration in the final draft codes or justify their rejection. 6. On the Agency own initiative or at the request of the ENTSO, a revision of the existing codes may be undertaken following the same procedure.
Amendment 106 #
2007/0198(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1228/2003
Article 2 h a (new)
Article 2 h a (new)
Article 2ha Technical cooperation between Community and third-country transmission system operators 1. Technical cooperation between Community transmission system operators and third-country transmission system operators shall be monitored by the national regulatory authorities; 2. If incompatibilities with the rules and codes adopted by the Agency come to light in the course of technical cooperation, the national regulatory authority shall seek clarification from the Agency.
Amendment 149 #
2007/0198(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1228/2003
Article 8 – paragraph 3 – point h
Article 8 – paragraph 3 – point h
Amendment 36 #
2007/0197(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The work undertaken by ERGEG since its establishment has made a positive contribution to the internal market in electricity and gas. However, it is widely recognised by the sector, and has been proposed by ERGEG itself, that voluntary cooperation between national regulatory authorities should now take place within a Community structure with clear competences and with the power to adopt individual regulatory decisions in a number of specific cases.Does not affect English version.)
Amendment 48 #
2007/0197(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The structure of the Agency should be adapted to meet the specific needs of energy regulation. In particular the specific role of the national regulatory authorities and their independence needs to be taken fully into account and their independence guaranteed.
Amendment 53 #
2007/0197(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) WherSince the Agency has decision- making powers, interested parties should, for reasons of procedural economy, be granted a right of appeal to a Board of Appeal, which should be part of the Agency, but independent from its administrative and regulatory structure.
Amendment 71 #
2007/0197(COD)
Proposal for a regulation
Article 4 – point d a (new)
Article 4 – point d a (new)
(da) have the right to review certification decisions taken by national regulatory authorities;
Amendment 72 #
2007/0197(COD)
Proposal for a regulation
Article 4 – point d b (new)
Article 4 – point d b (new)
(db) together with the Commission, promote interregional cooperation between energy markets and be responsible for their integration into the single European electricity market;
Amendment 73 #
2007/0197(COD)
Proposal for a regulation
Article 4 – point d c (new)
Article 4 – point d c (new)
(dc) approve the independent system operators appointed by the Member States under Article 10(1) of Directive 2003/54/EC (as amended by COM(2007)0528).
Amendment 85 #
2007/0197(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Agency may provide an opinion toshall approve the 10-year investment plan of the European Networks of Transmission System Operators for Electricity as provided fornd Gas, referred to in Article 2d(2)c of Regulation (EC) No 1228/2003 and to the European Network of Transmission System Operators for Gas as provided for in Article 2d(2)c of Regulation (EC) No 1775/2005 on the technical or market codes, on the draft annual work programme and the draft 10-year investment plan, ensuring non-discrimination, effective competition and the efficient and secure functioning of the market.
Amendment 96 #
2007/0197(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The Agency, having regard to the priority list drawn up by the Commission, shall, at the request of the Commission, develop draft guidelines to be followed by the ENTSOs in the preparation of codes and other tasks set out under Article 2c of Regulation (EC) No 1228/2003 and in Article 2c of Regulation (EC) No 1775/2005. In the drafting of the above mentioned guidelines the agency shall consult extensively. The Agency shall submit the draft guidelines to the Commission which shall submit them to the Committee referred to in Article 13 (1) for their final adoption in accordance with the procedure referred to in Article 13(2) of Regulation(EC) No 1228/2003 and in Art.13(2) of Regulation (EC) No 1775/2005. The ENTSOs shall prepare draft codes in a way that meets the objectives and any criteria set out in the Guidelines as adopted according to the above mentioned procedure. The Agency shall finalize and adopt the draft codes prepared by ENTSOs and shall be responsible also for monitoring their implementation by the ENTOs.
Amendment 109 #
2007/0197(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Agency shall provide a duly justified opinion to the Commission, the European Parliament and the Council where it considers that the draft annual work programme or the draft 10-year investment plan submitted to it in accordance with Article 2d(2) of Regulation (EC) No 1228/2003 and Article 2d(2) of Regulation (EC) No 1775/2005 do not ensure non- discrimination, effective competition and the efficient functioning of the market.
Amendment 137 #
2007/0197(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a Time limit for decisions on exemptions If the Agency doesn’t adopt a decision in the matters where the Agency has, according to Art. 8 of this Regulation, binding powers, within the maximum time-limit of three months from the date of the request by the interested parties, the decision shall be taken by the European Commission.
Amendment 181 #
2007/0197(COD)
Proposal for a regulation
Article 10 – paragraph 10
Article 10 – paragraph 10
10. The Administrative Board shall adopt the annual report on the activities of the Agency, referred to in Article 14(8), and shall transmit it to the European Parliament, the Council, the Commission, the European Economic and Social Committee, the Committee of the Regions and the Court of Auditors by 15 June at the latest. This report shall contain an independent section, approved by the Board of Regulators, concerning the regulatory activities of the Agency during the year considered.
Amendment 291 #
2007/0197(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The first evaluation report shall be presented by the Commission to the European Parliament and the Council at the latest four years after the first Director has taken up his or her duties. The Commission shall then present an evaluation report at least every five years, having also submitted a mid-term activity report after two and a half years.
Amendment 81 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 13
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 CommissionAgency should have the right to review the decisions on certification taken by the regulatory authorities.
Amendment 86 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 14
Recital 14
(14) The safeguarding of energy supply is an essential element of public security and is therefore inherently connected to the efficient functioning of the EU gas market and to the integration of Member States’ isolated markets. Use of the network is essential for gas to reach EU citizens. Functioning gas markets and in particular the networks and other assets associated with gas supply are essential for public security, for the competitiveness of the economy and for the well-being of the citizens of the Community. Without prejudice to the international obligations of the Community, the Community considers that the gas transmission system sector is of high importance to the Community and therefore additional safeguards are necessary regarding the influence of third countries in order to avoid any threats to Community public order and public security and the welfare of the citizens of the Community. Such measures are also necessary for ensuring compliance with the rules on effective unbundling.
Amendment 140 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 1 – point (a a) (new)
Article 1 – point 1 – point (a a) (new)
Directive 2003/55/EC
Article 2 – point 32 a (new)
Article 2 – point 32 a (new)
(aa) the following point shall be added: ‘32a. ‘isolated market’ means a Member State with no interconnection to other Member States’ national transmission systems and/or whose gas supply is controlled by a person or persons from a third country.
Amendment 178 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 2 c (new)
Article 1 – point 2 c (new)
Directive 2003/55/EC
Article –5 a (new)
Article –5 a (new)
(2c) The following article shall be inserted: ‘Article –5a European solidarity 1. Member States shall coordinate their activities in order to ensure the secure, diversified and effective supply of gas to the European market. Member States shall cooperate in the following areas: (a) coordination of national emergency measures as mentioned by Article 8 of Directive 2004/67/EC; (b) identification and, where necessary, development or upgrading of electricity and natural gas interconnections; (c) conditions and practical modalities for mutual assistance. 2. Member States shall cooperate in drawing up and implementing new projects relating to interconnections between Member States, LNG facilities and storage, with the objective of eliminating isolated markets, which will help create a single European gas market. 3. Member States shall coordinate their activities relating to third country suppliers in order to ensure the implementation of a common European energy policy; 4. The Commission shall draw up technical and economic measures for the creation, as a priority, of new infrastructure for isolated markets connecting Member States’ national transmission systems.’
Amendment 180 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/55/EC
Article 5a – paragraph 1
Article 5a – paragraph 1
1. In order to safeguard a secure supply on the internal market of natural gas, Member States shall cooperate in order to develop interconnections and to promote regional and bilateral solidarity.
Amendment 181 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/55/EC
Article 5a – paragraph 2
Article 5a – paragraph 2
2. This cooperation shall cover situations resulting or likely to result in the short term in a severe disruption of supply affecting a Member State. It shall include: (a) coordination of national emergency measures as mentioned by Article 8 of Directive 2004/67/EC; (b) identification and, where necessary, development or upgrading of electricity and natural gas interconnections; (c) conditions and practical modalities for mutual assistance.
Amendment 189 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/55/EC
Article 5a – paragraph 4
Article 5a – paragraph 4
4. The Commission may adopt guidelines for regional and European 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).
Amendment 194 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/55/EC
Article 5b
Article 5b
Member States and regulatory authorities shall cooperate among themselves for the purpose of integrating their national markets at least at the regional level. In particular, Member Statesthey shall promotensure the cooperation of network operators at a regional level, and fosacilitater the charmonsistencyation 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) No 1775/2005.
Amendment 210 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/55/EC
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
‘6a. Unbundling of vertically integrated companies should not result in an increase in gas tariffs for customers or other negative social consequences.’
Amendment 214 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/55/EC
Article 7 – paragraph 6 b (new)
Article 7 – paragraph 6 b (new)
‘6b. Member States shall monitor the process of unbundling vertically integrated companies and shall submit a progress report to the Commission.’
Amendment 527 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 15 b (new)
Article 1 – point 15 b (new)
Directive 2003/55/EC
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
(15b) In Article 28, the following paragraph shall be inserted: "1a. Estonia, Latvia and Lithuania, being an isolated region that is not directly connected to the interconnected system of any other Member State and having the only one main external supplier with exclusive monopoly rights granted by contracts or commitments concluded before the 1st May 2004, and currently having no physical possibility to be supplied by any other supplier, may derogate from the provisions of Articles 7, 7a, 7b, 7c, 7d and 9. A supply undertaking having a market share of more than 75% in this region shall be considered to be a main supplier. This derogation shall automatically expire on the date when the above-mentioned contracts or commitments concluded before the 1st May 2004 with main suppliers expire, but not later than 10 years from the adoption of Directive .../.../EC [amending Directive 2003/55/EC concerning common rules for the internal market in natural gas]. Any such derogation shall be notified to the Commission."
Amendment 131 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 13
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 generation 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 CommissionAgency should have the right to review the decisions on certification taken by the regulatory authorities.
Amendment 133 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 14
Recital 14
(14) The safeguarding of energy supply is an essential element of public security and is therefore inherently connected to the efficient functioning of the EU electricity market and eliminating its geographical isolation. Electricity can only reach EU citizens through the network. Functioning electricity markets and in particular the networks and other assets associated with electricity supply are essential for public security, for the competitiveness of the economy and for the well-being of the citizens of the Community. Without prejudice to the international obligations of the Community, the Community considers that the electricity transmission system sector is of high importance to the Community and therefore additional safeguards are necessary regarding the influence of third countries in order to avoid any threats to Community public order and public security and the welfare of the citizens of the Community. Such measures are also necessary for ensuring compliance with the rules on effective unbundling.
Amendment 157 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 1 – point (b a) (new)
Article 1 – point 1 – point (b a) (new)
Directive 2003/54/EC
Article 2 – point 34 a (new)
Article 2 – point 34 a (new)
Amendment 203 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/54/EC
Article 5a
Article 5a
Member States and 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 promotensure the cooperation of network operators at a regional level, and fos with the aim of creating a competitive European market, and facilitater the charmonsistencyation 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) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity.
Amendment 210 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Directive 2003/54/EC
Article 5a – paragraph 1 a (new)
Article 5a – paragraph 1 a (new)
Amendment 213 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 3 b (new)
Article 1 – point 3 b (new)
Directive 2003/54/EC
Article 5a – paragraph 1 b (new)
Article 5a – paragraph 1 b (new)
Amendment 243 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/54/EC
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
‘3a. With regard to the specific characteristics of national and regional electricity markets, the Commission shall lay down the economic, financial, supply- security and other criteria in accordance with which compulsory and justified unbundling of vertically integrated companies is carried out. The obligations imposed on vertically integrated companies under the Directive shall be proportionate to the objective pursued.’
Amendment 244 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/54/EC
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
‘3a. Member States shall monitor the process of unbundling vertically integrated companies and shall submit a report to the Commission on the progress achieved.’
Amendment 245 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/54/EC
Article 8 – paragraph 3 c (new)
Article 8 – paragraph 3 c (new)
‘3c. Unbundling of vertically integrated companies must not give rise to an increase in electricity tariffs for customers or other negative social consequences.’