[ParlTrack]

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

Directive 2003/54/EC
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 promote the cooperation of network operators at a regional level, and fos~~with the aim of creating regional transmission system operators, thereby creating a competitive European market, and facilitater the charmonsis~~tency~~ation of their legal and regulatory framework. The geographical areas covered by regional cotransmission system operat~~ion~~ors 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.

2008/03/17
Committee: ITRE

Britta THOMSEN

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

Directive 2003/54/EC
Article 11 – paragraph 3

~~(Same wording as that of Article 11, paragraph 3 of Directive 2003/54/EC, changing the~~(8c) In Article 11, paragraph 3 shall be replaced by the following: "3. A Member State shall require the system operator, when dispatching generating installations, to give priority to generating installations using renewable energy sources or waste or producing combined heat and power." Or. en word "may" into "shall")

2008/04/11
Committee: ITRE

Britta THOMSEN

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22c – paragraph 4 – point (a)

(a) connection and access to national networks, including transmission and distribution tariffs. These tariffs 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; these tariffs shall not discriminate against new entrants who should benefit from the same conditions as their competitors did in the past;

2008/03/19
Committee: ITRE

Britta THOMSEN

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22c – paragraph 5

5. In fixing or approving the tariffs, the regulatory authorities shall ensure that network operators are granted adequate incentive, over both the short and long term, to increase efficiencies, limit carbon emissions in the operation of the system, foster market integration and support the related research activities.

2008/03/19
Committee: ITRE

Britta THOMSEN

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22d - paragraph 2 a (new)

2a. In order to ensure that regional electricity market integration is mirrored by adequate regulatory structures, the national regulatory authorities 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.

2008/03/19
Committee: ITRE

Britta THOMSEN

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22f a (new)

"Article 22fa 1. Without prejudice to Article 22c(3)(b), national regulatory authorities may impose on system users which have been determined to dispose of significant market power as set out in Article 22h: (a) obligations to ensure transparency in relation to the publication of specific information, such as accounting information, technical specifications, specific data of sales contracts, terms and conditions for the supply of and access to services, and prices; (b) if the system user discriminates among its contracting parties with respect to the same transactions, the national regulatory authority may impose an obligation to provide equal treatment, such as, in particular, to abolish any major contract clause that is considered discriminatory, including prices, payment deadlines, discriminatory sales and purchase conditions and techniques, and to exclude any contractual clause making the conclusion of the contract conditional on undertaking any commitment which, due to its nature or against the background of usual contractual practice, does not form part of the subject matter of the contract; (c) if the lack of effective competition means that the system user might maintain prices at an excessively low or high level, the national regulatory authority may impose obligations relating to temporary price controls, including obligations for prices to be related to costs and obligations concerning cost accounting and pricing systems. When imposing the obligation to employ cost- reflective pricing mechanisms, price control shall be based on the costs incurred by the system user in connection with generation and investments, including an appropriate return on such investments under normal business conditions. 2. The national regulatory authorities may prohibit system users with significant market power in the market referred to in Article 22h(1) and after having followed the procedures laid down in Article 22h: (a) from charging excessive prices to the competitors of related undertakings or of undertakings which form part of the vertically integrated undertaking as defined in Article 2; (b) from setting unduly low prices in comparison with the prices charged by efficient competitors; (c) from showing undue preference to specific consumers; or (d) from unreasonably bundling services. 3. An appeal mechanism shall be provided which shall be without prejudice to the exercise of rights of appeal under Community and national law. Appeal shall not have suspensory effect."

2008/03/19
Committee: ITRE

Britta THOMSEN

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22f b (new)

"Article 22fb 1. In order to promote effective competition in the electricity and gas markets, to avoid any abuse of a dominant position and to protect the interests of users, the national regulatory authorities shall conduct a market analysis in the market for wholesale customers, end customers and ancillary services in order to determine the degree of effective competition in the relevant market. 2. If competition in any of the identified markets is not effective in meeting the aims set-out in Article 1, the national regulatory authorities shall analyse whether a system user enjoys a position equivalent to dominance, that is to say a position of economic strength affording it the power to act to an appreciable extent independently of its competitors, customers and ultimately consumers. The national regulatory authorities shall publish the conclusions of their analysis on their official websites. 3. In the process of identifying system users with significant market power and without prejudice to Community law, the national regulatory authorities shall take into consideration: (a) the presence of a system user operator in the geographical area of a particular market and in the closely related markets, where the links between the two markets are such as to allow the market power held in one market to be leveraged into the other market, thereby strengthening the market power of the operator in question; (b) the size of the system user and its market share; (c) the scope of the activities of the system user and of the companies controlled by it and of the activities of the company controlling the system user, vertical integration and the unique characteristics of the identified markets in terms of links, product diversification, and the scope of goods and services offered in packages; (d) the existence of barriers to market entry, growth and expansion; (e) lack or low level of countervailing purchasing power; (f) lack of potential competition; (g) economies of scale and activity. 4. No later than 2 years after the entry into force of Directive .../.../EC [amending Directive 2003/54/EC concerning common rules for the internal market in electricity] and every 3 years from the previous review, the national regulatory authorities shall carry out a market analysis in relevant markets. Any system operator may request a market analysis at an earlier time if the conditions of competition in the relevant market have changed significantly since the last market analysis, and if the conclusions as referred to in paragraph 2 were published more than a year earlier. A refusal to carry out an additional market analysis shall be duly substantiated.

2008/03/19
Committee: ITRE

7 Amendments of Britta THOMSEN related to 2007/0195(COD)

ParlTrack - 2011-2024