23 Amendments of Lena EK related to 2007/0197(COD)
Amendment 85 #
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 92 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Agency may provide an opinion to the European Network of Transmission System Operators for Electricity as provided for in Article 2d(2) of Regulation (EC) No 1228/2003 and to the European Network of Transmission System Operators for Gas as provided for in Article 2d(2) of Regulation (EC) No 1775/2005 on the draft technical or market codes, on the draft annual work programme and the draft 10-year investment plan.
Amendment 96 #
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 136 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. In carrying out the tasks set out, the Agency shall consult the market participants concerned.
Amendment 137 #
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 147 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Administrative Board shall be composed of twelve members. SixEach member shall have an alternate. Three members and their alternates shall be appointed by the Commission, and sixnine and their alternates by the Council. The term of office shall be five years, renewable once.
Amendment 153 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Meetings of the Administrative Board shall be convened by its Chairperson. The Chairperson of the Board of Regulators, or their nominee from that Board and the Director of the Agency shall participate in the deliberations unless the Administrative Board decides otherwise. The Administrative Board shall meet at least twice a year in ordinary session. It shall also meet at the initiative of its Chairperson, at the request of the Commission or at the request of at least a third of its members. The Administrative Board may invite any person with potentially relevant opinions to attend its meetings in the capacity of an observer. The members of the Administrative Board may, subject to the rules of procedure, be assisted by advisers or by experts. The Administrative Board’s secretarial services shall be provided by the Agency.
Amendment 160 #
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. A member of the Administrative Board cannot be member of the Board of Regulators.
Amendment 161 #
Proposal for a regulation
Article 9 – paragraph 5 b (new)
Article 9 – paragraph 5 b (new)
5b. The members of the Administrative Board shall undertake to act independently in the public interest. For this purpose, they shall make a declaration of commitments and a declaration of interests indicating either the absence of any interest which may be considered prejudicial to their independence or any direct or indirect interest which might be considered prejudicial to their independence. Those declarations shall be made public, annually and in writing.
Amendment 170 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Administrative Board shall, after having consulted the Board of Regulators and obtained its assent in accordance with Article 12(2), appoint the Director in accordance with Article 13(2).
Amendment 173 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Administrative Board shall adopt, before 30 September each year, and after consulting the Commission and after approval by the Board of Regulators in accordance with Article 12(3), the work programme of the Agency for the coming year and shall transmit it to the European Parliament, the Council and the Commission. The work programme shall be adopted without prejudice to the annual budgetary procedure and shall be made public.
Amendment 174 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Administrative Board shall decide, after having obtained the agreement of the Commission, whether to accept any legacies or donations or grants from other Community sources or any voluntary contribution from the Member States or from their regulatory authorities.
Amendment 186 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Board of Regulators shall be composed of one representative per Member State fromand one alternate per Member State nominated by the Member State from current staff of the regulatory authorities, as mentioned in Article 22a of Directive 2003/54/EC and Article 24a of Directive 2003/55/EC, and one non-voting representative of the Commission. The national regulatory authorities shall nominate one alternate per Member State.
Amendment 195 #
Proposal for a regulation
Article 11 – paragraphs 3 and 4
Article 11 – paragraphs 3 and 4
3. The Board of Regulators shall act by a two third majority of two-thirds of it membersits members present. Each member or alternate shall have one vote. 4. The Board of Regulators shall adopt its Rules of procedure. The rules of procedure shall set out in greater detail the arrangements governing voting, especially the conditions whereby one member can act on behalf of another and also, where appropriate, the rules governing quorums. The rule of procedures may foresee specific working methods for the consideration of issues arising in the context of regional cooperation initiatives.
Amendment 198 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. When carrying out the tasks conferred upon it by this Regulation and without prejudice to its members acting on behalf of their respective regulatory authority, the Board of Regulators shall act independently and shall not seek or take instructions from any government of a Member State or from any public or private interest.
Amendment 218 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Board of Regulators shall provide an opinion in accordance with Article 14 (3) to the Director before the adoption of the opinions, recommendations and decisions referred to in Articles 5, 6, 7 and 8. In addition, the Board of Regulators, within its field of competence, shall provide guidance to the Director in the execution of the Director's tasks.
Amendment 232 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Agency shall be managed by its Director, who shall act independently in the exercise of his function accordance with the opinions of the Board of Regulators. Without prejudice to the respective powers of the Commission,roles of the Administrative Board and the Board of Regulators in relation to the tasks of the Director, the Director shall not seek or accept any instruction from any government or from any body.
Amendment 233 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Director shall be appointed by the Administrative Board following the assent of the Board of Regulators, on the basis of merit as well as skills and experience, from a list of at least twohree candidates proposed by the Commission, following a public call for expression of interest. Before appointment, the candidate selected by the Administrative Board may be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members.
Amendment 239 #
Proposal for a regulation
Article 13 – paragraphs 3 - 4
Article 13 – paragraphs 3 - 4
3. The Director’s term of office shall be five years. In the course of the nine months preceding the end of this period, the Commission shall undertake an evaluation. In the evaluationassessment. In the assessment, the Commission shall assess in particular: (e) the performance of the Director; (f) the Agency's duties and requirements in the coming years. 4. The Administrative Board, acting on a proposal from the Commission, taking into account the evaluation reporassessment report and the opinion on the Board of Regulators on this assessment and only in those cases where it can be justified by the duties and requirements of the Agency, may extend the term of office of the Director once for not more than three years.
Amendment 255 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The Director may be removed from office only upon a decision by the Administrative Board, after consultinghaving obtained the assent of the Board of Regulators. The Administrative Board shall reach this decision on the basis of a majority of three- quarters majority of its members.
Amendment 262 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Director shall adopts the opinions, recommendations and decisions referred to in Articles 5, 6, 7 and 8, subject tothat have received the assent of the Board of Regulators.
Amendment 274 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The members of the Board of Appeal shall be appointed by the Administrative Board, on a proposal from the Commission, following a public call for expression of interest, after consultation of the Board of Regulators.
Amendment 281 #
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) any voluntary contribution from the Member States or from their regulatory authorities, as mentioned in Article 10(6);