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17 Amendments of Lambert van NISTELROOIJ related to 2007/0196(COD)

Amendment 61 #
Lambert van NISTELROOIJ, Dorette CORBEY
Proposal for a directive – amending act
Recital 10
(10) The setting up of system operators independent from supply and production interests should enable vertically integrated companies to maintain their ownership of network assets whilst ensuring an effective separation of interests, provided that the independent system operator performs all the functions of a network operator and detailed regulation and extensive regulatory control mechanisms are put in place.deleted
2008/04/07
Committee: ITRE
Amendment 66 #
Lambert van NISTELROOIJ, Dorette CORBEY
Proposal for a directive – amending act
Recital 11
(11) Where the undertaking owning a transmission system is part of a vertically integrated undertaking, Member States should therefore be given a choice between ownership unbundling and, as a derogation, setting up system operators which are independent from supply and production interests. The full effectiveness of the independent system operator solution needs to be assured by way of specific additional rules. To preserve fully the interests of the shareholders of vertically integrated companies, Member States should have the choice of implementing ownership unbundling either by direct divestiture or by splitting the shares of the integrated company into shares of the network company and shares of the remaining supply and production business, provided that the requirements resulting from ownership unbundling are complied with.deleted
2008/04/07
Committee: ITRE
Amendment 117 #
Lambert van NISTELROOIJ, Dorette CORBEY
Proposal for a directive – amending act
Recital 25
(25) In view of the creation of an internal market for gas, Member States should fosterregional energy markets can constitute a first step. Member States should therefore foster, at European, but also at regional level where possible, the integration of their national markets and the cooperation of network operators at European and regional level.
2008/04/07
Committee: ITRE
Amendment 188 #
Dorette CORBEY, Lambert van NISTELROOIJ
Proposal for a directive – amending act
Article 1 – point 3
Directive 2003/55/EC
Article 5a – paragraph 4
4. The Commission may adopt guidelines for regional solidarity cooperation, while respecting national sovereignty over natural resources. 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).
2008/04/10
Committee: ITRE
Amendment 239 #
Antonius MANDERS, Lambert van NISTELROOIJ, Dorette CORBEY
Proposal for a directive – amending act
Article 1 – point 6 c (new)
Directive 2003/55/EC
Article 8 – paragraph 4 a (new)
(6c) In Article 8, the following paragraph shall be added: "4a. While carrying out their tasks, transmission system operators shall take into account the technical and market codes adopted by the European Network of Transmission System Operators for Gas."
2008/04/10
Committee: ITRE
Amendment 242 #
Lambert van NISTELROOIJ, Dorette CORBEY
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/55/EC
Article 9
Independent system operators 1. Where the transmission system belongs to a vertically integrated undertaking on entry into force of this Directive, Member States may grant derogations from Article 7(1), provided that an independent system operator is designated by the Member State upon a proposal from the transmission system owner and subject to approval of such designation by the Commission. Vertically integrated undertakings which own a transmission system may not in any event be prevented from taking steps to comply with Article 7(1). 2. The Member State may approve and designate an independent system operator only where: (a) the candidate operator has demonstrated that it complies with the requirements of Article 7(1)(b) to (d); (b) the candidate operator has demonstrated that it has at its disposal the required financial, technical and human resources to carry out its tasks under Article 8; (c) the candidate operator has committed to complying with a ten year network development plan proposed by the regulatory authority; (d) the transmission system owner has demonstrated its ability to comply with its obligations under paragraph 6. To this effect, it shall provide all the draft contractual arrangements with the candidate undertaking and any other relevant entity; (e) the candidate operator has demonstrated its ability to comply with its obligations under Regulation (EC) No 1775/05 of the European Parliament and of the Council of 28 September 2005 on conditions for access to the natural gas transmission network* including the cooperation of transmission system operators at European and regional level. 3. Undertakings which have been certified by the regulatory authority as having complied with the requirements of Articles 7a and 9(2) shall be approved and designated as independent system operators by Member States. The certification procedure in Article 7b shall be applicable. 4. Where the Commission has taken a decision in accordance with the procedure in Article 7b 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 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 9(1). 5. Each independent system operator shall be responsible for granting and managing third party access, including the collection of access charges and congestion rents, for operating, maintaining and developing the transmission system, as well as for ensuring the long term ability of the system to meet reasonable demand through investment planning. When developing the network the independent system operator is responsible for planning (including authorisation procedure), construction and commissioning of the new infrastructure. For this purpose, it shall act as a transmission system operator in accordance with this Chapter. Transmission system owners may not be responsible for granting and managing third party access, nor for investment planning. 6. Where an independent system operator has been designated, the transmission system owner shall: (a) provide all the relevant cooperation and support to the independent system operator for the fulfilment of its tasks, including in particular all relevant information; (b) finance the investments decided by the independent system operator and approved by the regulatory authority, or give its agreement to financing by any interested party including the independent system operator. The relevant financing arrangements shall be subject to approval by the regulatory authority Prior to this approval, the Regulatory Authority shall consult the asset owner together with other interested parties; (c) provide for the coverage of liability relating to the network assets that it owns and are managed by the independent system operator, excluding the liability relating to the tasks of the independent system operator; (d) provide guarantees to facilitate financing any network expansions with the exception of those investments where, pursuant to paragraph b, it has given its agreement to financing by any interested party including the independent system operator. 7. In close cooperation with the regulatory authority, the relevant national competition authority shall be granted all relevant powers to effectively monitor compliance of the transmission system owner with its obligations under paragraph 6.Article 9 deleted
2008/04/10
Committee: ITRE
Amendment 251 #
Lambert van NISTELROOIJ, Dorette CORBEY
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/55/EC
Article 9a
Unbundling of transmission system owner and storage system operator 1. Transmission system owners, where an independent system operator has been appointed, and storage system operators which are part of vertically integrated undertakings shall be independent at least in terms of their legal form, organisation and decision making from other activities not relating to transmission and storage. This Article shall only apply to storage facilities that are technically and/or economically necessary for providing efficient access to the system for the supply of customers pursuant to Article 19. 2. In order to ensure the independence of the transmission system owner and storage system operator referred to in paragraph 1, the following minimum criteria shall apply: (a) those persons responsible for the management of the transmission system owner and storage system operator may not participate in company structures of the integrated natural gas undertaking responsible, directly or indirectly, for the day-to-day operation of the production, distribution and supply of natural gas; (b) appropriate measures must be taken to ensure that the professional interests of persons responsible for the management of the transmission system owner and storage system operator are taken into account in a manner that ensures that they are capable of acting independently; (c) the storage system operator shall have effective decision-making rights, independent from the integrated gas undertaking, with respect to assets necessary to operate, maintain or develop the storage facilities. This shall not preclude the existence of appropriate coordination mechanisms to ensure that the economic and management supervision rights of the parent company in respect of return on assets regulated indirectly in accordance with Article 24c(4) in a subsidiary are protected. In particular, this shall enable the parent company to approve the annual financial plan, or any equivalent instrument, of the storage system operator and to set global limits on the levels of indebtedness of its subsidiary. It shall not permit the parent company to give instructions regarding day-to-day operations, nor with respect to individual decisions concerning the construction or upgrading of storage facilities, that do not exceed the terms of the approved financial plan, or any equivalent instrument; (d) the transmission system owner and storage system operator shall establish a compliance programme, which sets out measures taken to ensure that discriminatory conduct is excluded, and ensure that observance of it is adequately monitored. The programme shall set out the specific obligations of employees to meet this objective. An annual report, setting out the measures taken, shall be submitted by the person or body responsible for monitoring the compliance programme to the regulatory authority and shall be published. 3. The Commission may adopt guidelines to ensure full and effective compliance of the transmission system owner and of the storage operator with paragraph 2 of this Article. 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).Article 9a deleted
2008/04/10
Committee: ITRE
Amendment 293 #
Lambert van NISTELROOIJ, Dorette CORBEY
Proposal for a directive – amending act
Article 1 – point 11 b (new)
Directive 2003/55/EC
Article 18 a (new)
(11b) The following Article shall be inserted: "Article 18a 1. For the organisation of access to LNG facilities, in case these facilities are operated by independent infrastructure operators that are ownership-unbundled in accordance with Article 7(1) and that provide open access, Member States may also decide to follow the procedure referred to in paragraph 2. This procedure shall be applied in accordance with objective, transparent and non- discriminatory criteria. 2. In the case of negotiated access, Member States shall take the necessary measures for natural gas undertakings and eligible customers either inside or outside the territory covered by the interconnected system to be able to negotiate access to LNG facilities. The parties shall be obliged to negotiate access to LNG facilities in good faith."
2008/03/31
Committee: ITRE
Amendment 295 #
Lambert van NISTELROOIJ, Dorette CORBEY
Proposal for a directive – amending act
Article 1 – point 11 c (new)
Directive 2003/55/EC
Article 19 – paragraph 1
(11c) In Article 19, paragraph 1 shall be replaced by the following: "1. For the organisation of access to storage facilities and linepack when technically and/or economically necessary for providing efficient access to the system for the supply of customers, as well as for the organisation of access to ancillary services, Member States shall use the regulated access procedure as described in paragraph 4. In case such organisation is arranged through an independent infrastructure operator that is ownership- unbundled in accordance with Article 7(1) and that provides open access, Member States may choose either or both of the procedures referred to in paragraphs 3 and 4. These procedures shall operate in accordance with objective, transparent and non-discriminatory criteria."
2008/03/31
Committee: ITRE
Amendment 310 #
Lambert van NISTELROOIJ, Dorette CORBEY
Proposal for a directive – amending act
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 1 - introductory part
1. Major new gas infrastructures, i.ee.g. interconnectors between Member States, LNG and storage facilities, may, upon request, be exempted, for a limitdefined period of time, from the provisions of Articles 7, 18, 19, 20, and 24c(4), (5) and (6) under the following conditions:
2008/03/31
Committee: ITRE
Amendment 327 #
Lambert van NISTELROOIJ, Dorette CORBEY
Proposal for a directive – amending act
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 3 – subparagraph 3
In deciding to grant an exemption consideration shall be given, on a case by case basis, to the need to impose conditions regarding the duration of the exemption and non-discriminatory access to the infrastructure. When deciding on those conditions account shall, in particular, be taken of the duration of contracts, additional capacity to be built or the modification of existing capacity, the time horizon of the project and national circumstances.
2008/03/31
Committee: ITRE
Amendment 330 #
Lambert van NISTELROOIJ, Dorette CORBEY
Proposal for a directive – amending act
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 3 – subparagraph 4
BeforeWhen granting an exemption, the regulatory authority shallmay decide upon the rules and mechanismprinciples for management and allocation of capacity. The rules shall require that all potential users of the infrastructure are invited to indicate their interest in contracting capacity before capacity allocation in the new infrastructure, including for own use, takes place. The regulatory authority shall require congestion management rules to include the obligation to offer unused capacity on the market, and shall require users of the facility to be entitled to trade their contracted capacities on the secondary market. In its assessment of the criteria referred to in paragraph 1(a), (b) and (e) of this Article, the regulatory authority shall take into ac insofar as such decision does not prevent the implementation of long- term count the results of that capacity allocation procedureracts.
2008/03/31
Committee: ITRE
Amendment 345 #
Lambert van NISTELROOIJ, Dorette CORBEY
Proposal for a directive – amending act
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 5 – subparagraph 4
The Commission's approval of an exemption decision shall lose its effect after two years from its adoption if construction of the infrastructure has not yet started, and after five years if the infrastructure has not become operational.deleted
2008/03/31
Committee: ITRE
Amendment 354 #
Lambert van NISTELROOIJ, Dorette CORBEY
Proposal for a directive – amending act
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 5 a (new)
"5a. Conditions of an exemption approval granted under this Article shall not be changed retrospectively without the agreement of all parties concerned."
2008/03/31
Committee: ITRE
Amendment 432 #
Lambert van NISTELROOIJ, Dorette CORBEY
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 – introductory part
3. Member States shall ensure that regulatory authorities are granted the powers enabling them to carry out the duties within a defined framework referred to in paragraph 1 and 2 in an efficient and expeditious manner. For this purpose, tThe regulatory authority shall have at least the following powersthe right, within a defined framework compatible with national regulation:
2008/03/31
Committee: ITRE
Amendment 441 #
Lambert van NISTELROOIJ, Dorette CORBEY
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 – point (b)
(b) to carry out in cooperatione with the national competition authority on investigations intof the functioning of gas markets, and to decide, in the absence of violations of competition rulesbased on such investigations and within their legal national mandate, ofn any appropriate measures necessary and proportionate to promote effective competition and ensure the proper functioning of the market, including gas release programsensure compliance with the obligations under this Directive or any decisions of the regulatory authority or of the Agency;
2008/03/31
Committee: ITRE
Amendment 491 #
Lambert van NISTELROOIJ, Dorette CORBEY
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 13
13. Member States shall ensure that suitable mechanisms exist at national level under which a party affected by a decision of the national regulatory authority has a right of appeal to a body independent of the parties involved. It must be assured that appeal can be made to both the content of the decision and the procedure followed.
2008/03/31
Committee: ITRE
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