32 Amendments of Lena EK related to 2007/0195(COD)
Amendment 161 #
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 34a (new)
Article 2 – point 34a (new)
Amendment 163 #
Proposal for a directive – amending act
Article 1 – point 1 – point (b b) (new)
Article 1 – point 1 – point (b b) (new)
Directive 2003/54/EC
Article 2 – point 34 b (new)
Article 2 – point 34 b (new)
Amendment 242 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/54/EC
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The interests and rights referred to in paragraphs 1(b, points (b) and (c) shall include, in particular: (a) the ownership of part of the capital or of the business assets, or (b) the power to exercise voting rights, or (cb) the power to appoint members of the supervisory board, the administrative board or bodies legally representing the undertaking, or (d) the right to obtain dividends or other shares of the benefits.
Amendment 250 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/54/EC
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
"5a. For the implementation of this Article, where the person referred to in points (b) to (d) of paragraph 1 is the Member State or another public body, two separate public bodies exercising control, on one hand, over a transmission system operator or over a transmission system and, on the other hand, over an undertaking performing any of the functions of generation or supply, are deemed not to be the same person or the same persons."
Amendment 261 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/54/EC
Article 8b – paragraph 6
Article 8b – paragraph 6
6. The explicit or tacit decision on the certification of a transmission system operator shall be notified without delay to the Commission by the regulatory authority, together with all the relevant information with respect to the decision. The Commission shall act in accordance with the procedure laid down in Article x of Regulation (EC) No. 1228/2003.
Amendment 262 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/54/EC
Article 8 b – paragraphs 7 to10
Article 8 b – paragraphs 7 to10
Amendment 288 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/54/EC
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Undertakings which have been certified by the regulatory authority as having complied with the requirements of Articles 8a and 10(2) shall be approved and designated as independent system operators by Member States. The certification procedure in Article 8b and in Article x of Regulation (EC) No 1228/2003 shall be applicable.
Amendment 289 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/54/EC
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Where the Commission has taken a decision in accordance with the procedure in Article 8bas referred to in Article x of Regulation (EC) No 1228/2003 (former Article 8b (8)(b) of Directive xx) and finds that the regulatory authority has not complied with its decision within two months, it shall, within a period of six months, designate, on a proposal from the Agency for the Cooperation of Energy Regulators and after having heard the views of the transmission system owner and the transmission system operator, an independent system operator for a period of 5 years. At any time, the transmission system owner may propose to the regulatory authority the designation of a new independent system operator pursuant to the procedure in Article 10(1) designate an independent system operator as provided for in Article xx of Regulation (EC) No 1228/2003.
Amendment 349 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22a
Article 22a
1. Each Member State shall, for representation and contact purposes at Community level, designate a single national regulatory authority. 2. Member States shall guarantee the independence of the regulatory authority and shall ensure that it exercises its powers impartially and transparently. For this purpose, Member State shall ensure that, when carrying out the regulatory tasks conferred upon it by this Directive and related legislation, the regulatory authority (a) is legally distinct and functionally independent from any other public or private entity, and(b) that its staff and the persons responsible for its management act independently from any market interest and (c) that its staff and the persons responsible for its management, without prejudice to close cooperation, as appropriate, with other relevant national authorities, shall not seek or take direct instructions from any government or other public or private entity when carrying out the regulatory tasks. 3. In order to protect the independence of the regulatory authority, Member States shall in particular ensure that: (a) the regulatory authority has legal personality, budgetary autonomycan take autonomous decisions, independently from any other political body, and has autonomy in the implementation of the budget, and adequate human and financial resources to carry out its duties;, (b) its top management is appointed for a non renewable fixed term of at least five years, and may only be relieved from office during its term if it no longer fulfills the conditions set out in this Article or it has been guilty of serious misconduct under national law.
Amendment 361 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22b
Article 22b
In carrying out the regulatory tasks specified in this Directive, the regulatory authority shall take all reasonable measures to achieve, within the framework of its duties and powers as laid down in Article 22c and in close consultation with other relevant national authorities, as appropriate, and without prejudice to their competencies, take all reasonable measures in pursuit of the following objectives: (a) the promotion, in close cooperation with the Agency, regulatory authorities of other Member States and the Commission, of a competitive, secure and environmentally sustainable internal electricity market within the Community, and effective market opening for all consumers and suppliers in the Community; (b) the development of competitive and properly functioning regional markets within the Community in view of the achievement of the objective mentioned in point (a); (c) the suppression of restrictions to electricity trade between Member States, including the development, of appropriate cross border transmission capacities to meet demand, and enhance the integration of national markets and to enable unrestrainedwhich may facilitate electricity flows across the Community; (d) ensurpromoting the development of secure, reliable and efficient systems, promoting energy efficiency, system adequacy, and research and innovation to meet demand and the development of innovative renewable and low carbon technologies, in both short and long termnon discriminatory systems as well as system adequacy; (da) facilitating the access of new generation capacity to the grid, in particular removing barriers that could prevent access of new market entrants; (e) ensuring that network operators and users are granted adequppropriate incentives, in both the short and the long term, to increase efficiencies in network performance and foster market integration; (f) ensuring the efficient functioning of their national market, and to promote effective competition in cooperation with competition authorities.
Amendment 375 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22b – point (f a) (new)
Article 22b – point (f a) (new)
"(fa) ensuring the efficient functioning of their national market, and promoting effective competition and consumer protection;"
Amendment 376 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22b – point (f b) (new)
Article 22b – point (f b) (new)
"(fb) contributing to high standards of universal and public service for electricity, to the protection of vulnerable customers, and helping to ensure that consumer protection measures set out in Annex A are effective."
Amendment 384 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (c)
Article 22c – paragraph 1 – point (c)
(c) complying with, and implementing, any relevant legally binding decisions of the Agency and of the Commission;
Amendment 399 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (g)
Article 22c – paragraph 1 – point (g)
(g) monitoring compliance with network security and reliability, and reviewing network security and reliability rules rules and monitoring standards and requirements for quality of network service;
Amendment 407 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (k)
Article 22c – paragraph 1 – point (k)
Amendment 422 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (m)
Article 22c – paragraph 1 – point (m)
(m) ensuring access to customer consumption data, the applicationprovision, for optional use, of a harmonised format at national level for consumption data and the access to data under paragraph (h) of Annex A;
Amendment 429 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (o a) (new)
Article 22c – paragraph 1 – point (o a) (new)
(oa) monitoring the implementation of safeguard measures as referred to in Article 24.
Amendment 440 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 a (new)
Article 22c – paragraph 1 a (new)
1a. If a Member State so provides, the monitoring duties mentioned in paragraph 1 may be carried out by authority other than the regulatory authority. In such a case, the information resulting from this monitoring shall be made available to the regulatory authority as soon as possible. While preserving their independence and without prejudice to their own specific competencies, and consistently with the principles of better regulation, the regulatory authority shall, as appropriate, consult with transmission system operators and closely cooperate with other relevant national authorities when carrying out the duties mentioned in paragraph 1.
Amendment 442 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 2 – point (d)
Article 22c – paragraph 2 – point (d)
(d) ensure that network access tariffs collected by independent system operators include a remuneration for the network owner or network owners that provide for an adequate remuneration of the network assets and of any new investments therein; provided that they are economically and efficiently incurred;
Amendment 452 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 3 – point (b)
Article 22c – paragraph 3 – point (b)
(b) to carry out in cooperation with the national competition authority investigations of the functioning of electricity markets, and to decide, in the absence of violations of competition rules, of any appropriate measures necessary and proportionate to promote effective competition and ensure the proper functioning of the market, including virtual power plants;
Amendment 460 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 3 – point (d)
Article 22c – paragraph 3 – point (d)
(d) to impose effective, appropriortionate and dissuasive sanctionpenalties to electricity undertakings not complying with their obligations under this Directive or any relevant legally binding decisions of the regulatory authority or of the Agency;
Amendment 462 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 3 – point (f)
Article 22c – paragraph 3 – point (f)
Amendment 466 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 4 - introductory part and point (a)
Article 22c – paragraph 4 - introductory part and point (a)
4. The regulatory authorities shall be responsible for fixing or approving prior to their entry into force at least the methodologies used to calculate or establish the terms and conditions for: (a) connection and access to national networks, including transmission and distribution tariffs. These tariff or their methodologies. These tariffs or methodologies shall allow the necessary investments in the networks to be carried out in a manner allowing these investments to ensure the viability of the networks;
Amendment 475 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 5
Article 22c – paragraph 5
5. In fixing or approving the tariffs or methodologies, the regulatory authorities shall ensure that network operators are granted adequppropriate incentive, over both the short and long term, to increase efficiencies, foster market integration and security of supply and support the related research activities.
Amendment 486 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 7
Article 22c – paragraph 7
7. Any party having a complaint against a transmission or distribution system operator in relation to that operator's obligations under this Directive may refer the complaint to the regulatory authority which, acting as dispute settlement authority, shall issue a decision within two months after receipt of the complaint. This period may be extended by two months where additional information is sought by the regulatory authoritiesy. This period may be extended with the agreement of the complainant. Such a decision shall have binding effect unless and until overruled on appeal.
Amendment 492 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 12
Article 22c – paragraph 12
12. Decisions taken by regulatory authorities shall be mosubstantivated to allow for judicial control.
Amendment 499 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 14
Article 22c – paragraph 14
Amendment 506 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22d - paragraph 2
Article 22d - paragraph 2
2. Regulatory authorities shall cooperate at least on a regional level to foster the creation of operational arrangements in order to ensurable an optimal management of the network, developpromote joint electricity exchanges and the allocation of cross- border capacity, and to ensurable a minimum level of interconnection capacity within the region to allow for effective competition to develop, including through new interconnection, within the region and between regions to allow for the development of effective competition and the improvement of security of supply.
Amendment 508 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22d - paragraph 2 a (new)
Article 22d - paragraph 2 a (new)
2a. The actions referred to in paragraph 2 shall be carried out, as appropriate, in close consultation with other relevant national authorities and without prejudice to their specific competencies.
Amendment 513 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22d - paragraph 2 b (new)
Article 22d - paragraph 2 b (new)
"2b. In order to ensure that regional electricity markets integration is mirrored by adequate regulatory structures, the national regulators of the Member States concerned shall ensure, in close cooperation with and under the guidance of the Agency, that at least the following regulatory tasks are performed in relation to their regional markets:- (a) harmonisation at least at the relevant regional level of all technical and market codes for the relevant transmission system operators and other market players; (b) harmonisation of the rules governing the management of congestion and the fair redistribution of revenues and/ or costs of congestion management among all market players; (c) definition of a set of nodal points or zones to serve as a geographical basis for the setting up of location signals and merit order attribution; (d) rules to ensure that the owners and/or managers of power exchange(s) which operate the relevant regional pool market are fully independent of the owners and/or managers of generation assets; (e) rules to ensure that the market share of any one operator does not exceed 20% of the relevant market."
Amendment 517 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22d - paragraph 4
Article 22d - paragraph 4
4. The Commission may adopt guidelines on the extent of the duties of the regulatory authorities to cooperate with each other and with the Agency, and on the situations in which the Agency becomes competent to decide upon the regulatory regime for infrastructures connecting at least two Member States. 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 27ba(3).
Amendment 560 #
Proposal for a directive – amending act
Article 1 – point 15
Article 1 – point 15
Directive 2003/54/EC
Annex A – point (i)
Annex A – point (i)
(i) shall be properly informed every month of actual electricity consumption and costs frequently enough to enable them to regulate their own electricity consumption. Due account shall be taken of the cost-efficiency of such measures. No additional costs can be charged to the consumer for this service.