Activities of Ján HUDACKÝ
Plenary speeches (39)
Common rules for the internal market in electricity - Agency for the Cooperation of Energy Regulators - Access to the network: cross-border exchanges in electricity - Internal market in natural gas - Conditions for access to the natural gas transmission networks - Fuel efficiency: labelling of tyres - The energy performance of buildings (debate)
Deposit-guarantee schemes as regards the coverage level and the payout delay (debate)
Future global architecture of financial markets and EU economic recovery plan (debate)
One-minute speeches on matters of political importance
EMU10: The first 10 years of Economic and Monetary Union and future challenges (debate)
Adoption by Slovakia of the single currency on 1 January 2009(debate)
Internal market in electricity - Conditions for access to the network for cross-border exchanges in electricity - Agency for the Cooperation of Energy Regulators - Towards a European Charter on the Rights of Energy Consumers (debate)
European satellite radionavigation programmes (EGNOS and Gallileo) (debate)
Eurostars (debate)
Treaty of Lisbon (debate)
One-minute speeches (Rule 144)
CARS 21: A Competitive Automotive Regulatory Framework (debate)
One-minute speeches on matters of political importance
Statutes for the Euratom Supply Agency (debate)
Conventional energy sources and energy technology (debate)
Road Map for renewable energy in Europe (debate)
Internal gas and electricity market (debate)
Broadband (debate)
Innovation Strategy (debate)
Assessing Euratom (debate)
Preparations for the European Council (8-9 March 2007) (debate)
Climate change (continuation of debate)
A European strategy for sustainable, competitive and secure energy – Biomass and Biofuels – Nuclear Safety and Security Assistance (debate)
Implementation of the Seventh Framework Programme of the EC and the EAEC (debate)
Nanosciences and nanotechnology (debate)
Investing for growth and employment (debate)
Seventh framework programme – Nuclear research and training activities (2007-2011) (debate)
One-minute speeches on matters of political importance
Guidelines for Member States’ employment policies – Broad economic policy guidelines for 2006 (debate)
Security of energy supply in the European Union (debate)
State aid reform (debate)
Corporate tax
Developments in Slovakia regarding police forces
Nuclear power plants
2004 Annual Report – ECB; Communication strategy on the euro
Strengthening European competitiveness
EU resources for research
One-minute speeches on matters of political importance
Opinions (2)
OPINION Proposal for a directive of the European Parliament and of the Council amending Directive 2003/54/EC concerning common rules for the internal market in electricity
OPINION Treaty amending the Treaty on European Union and the Treaty establishing the European Community
Amendments (86)
Amendment 52 #
2008/0223(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Article 175 (1) thereof and Article 95 thereof in relation to Articles 3, 4, 5 and Annexes I and II,
Amendment 63 #
2008/0223(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The energy performance of buildings should be calculated on the basis of a methodology, which may be differentiated at national and regional levelsingle European calculation method with objective variables that takes into account regional climatic differences, and that includes, in addition to thermal characteristics, other factors that play an increasingly important role such as heating, ventilation and air-conditioning installations, application of renewable energy sources, passive heating and cooling elements, shading, indoor air-quality, adequate natural light and design of the building. The methodology for calculating energy performance should not only be based on the season where heating is required, but should cover the annual energy performance of a building.
Amendment 64 #
2008/0223(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The energy performance of buildings should be calculated on the basis of a single methodology, which may be differentiated at national and regional levelfor example as laid down in EN 15193 "Energy performance of buildings - Energy requirements for lighting", and that includes, in addition to thermal characteristics, other factors that play an increasingly important role such as heating and air-conditioning installations, lighting systems, application of renewable energy sources, passive heating and cooling elements, shading, indoor air- quality, adequate natural light measurement, monitoring and control systems and design of the building. The methodology for calculating energy performance should not only be based on the season where heating is required, but should cover the annual energy performance of a building. The methodology should take into account mandated European standards such as EN 15193 "Energy performance of buildings – Energy requirements for lighting“.
Amendment 75 #
2008/0223(COD)
Proposal for a directive
Recital 10
Recital 10
(10) CMember States should set minimum requirements for the energy performance of buildings. The requirements should be set with a view to achieving the cost-optimal cost- benefit balance between the investments involved and, the energy costs saved throughout the life-cycle of the building Provision should be made for the possibility Member States to regularly review their minimum energy performance requirements for buildings with regard to technical progress.
Amendment 76 #
2008/0223(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The Commission should lay down a comparativsingle methodology for calculating cost- optimal levels of minimum energy performance requirements. Member States should use this comparative methodology toThis methodology should be consistent with that used in Community legislation applicable to performance requirements for the product(s), components and technical building systems which comparise the results withbuilding. Member States should use this single methodology to adopt the minimum energy performance requirements which they have adopted. The results of this comparisalculation and the data used to reach these results should be regularly reported to the Commission. These reports should enable the Commission to assess the progress of Member States in reaching cost-optimal levels of minimum energy performance requirements and to report on it. After a transitional period Member States should use this comparativeapply this methodology when they review and set their minimum energy performance requirements.
Amendment 80 #
2008/0223(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Buildings have an impact on long- term energy consumption and new buildings should therefore meet minimum energy performance requirements adapted to the local climate. As the application of alternative energy supply systems is generally not explored to its full potential, the technical, environmental and economic feasibility of alternative energy supply systems should be considered, pursuant to the principle of first ensuring that energy needs for heating and cooling are reduced to a minimum cost-optimal level, regardless of the size of the building.
Amendment 94 #
2008/0223(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Member States should be encouraged to take measures additional to those laid down in this Directive to promote the increased energy efficiency of buildings. Such measures may include financial and fiscal incentives to businesses, homeowners and tenants including reduced rates of VAT for renovation services.
Amendment 96 #
2008/0223(COD)
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) Member States should avoid distortive energy price regulation for consumers which does not provide incentives to make energy savings.
Amendment 114 #
2008/0223(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) In so far as the access or pursuit of the profession of installer is a regulated profession, the preconditions for the recognition of professional qualifications are laid down in Directive 2005/36/EC on the recognition of professional qualifications. This Directive therefore applies without prejudice to Directive 2005/36/EC.
Amendment 125 #
2008/0223(COD)
Proposal for a directive
Article 1 – point a
Article 1 – point a
(a) the general framework for a methodology of calculation of the integrated energy performance of buildings and parts thereof ;
Amendment 139 #
2008/0223(COD)
Proposal for a directive
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
(1a) "parts of a building means apartments or units designated for separate use in building blocks;
Amendment 146 #
2008/0223(COD)
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) "technical building system" means technical equipment for heating, cooling, ventilation, hot water, lighting and electricity production, measurement, monitoring and control systems, or for a combination of those;
Amendment 156 #
2008/0223(COD)
Proposal for a directive
Article 2 – point 5
Article 2 – point 5
(5) "building envelope": means elemintegrated components of a building which separate its interior from the outdoor environment, including the windows, walls, foundations, basement slab, ceiling, roof and insulation;
Amendment 160 #
2008/0223(COD)
Proposal for a directive
Article 2 – point 5 a (new)
Article 2 – point 5 a (new)
(5a) "envelope component": means an individual and integral part of the building, including windows, shading, exterior doors, walls, foundations, basement slab, ceiling, and roof, and insulation thereof, which influences the energy performance of the building and which is not covered by the technical building system;
Amendment 171 #
2008/0223(COD)
Proposal for a directive
Article 2 – point 6 – point b
Article 2 – point 6 – point b
(b) more than 25 % of the surface of the building envelope undergoes renovation having a direct effect on the energy performance of the building;
Amendment 185 #
2008/0223(COD)
Proposal for a directive
Article 2 – point 14 a (new)
Article 2 – point 14 a (new)
(14a) “lighting system”: means the combination of components required to provide a certain light level.
Amendment 190 #
2008/0223(COD)
Proposal for a directive
Article 2 – point 14 b (new)
Article 2 – point 14 b (new)
(14b) “lighting design”: means a scheme or drawing detailing the configuration and layout of luminaires including related control equipment.
Amendment 196 #
2008/0223(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 213 #
2008/0223(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
When setting requirements, Mmember States may differentiate between new and existing buildings and between different categories of buildings. They shall ensure that such requirements are consistent with other applicable Community legislation.
Amendment 240 #
2008/0223(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 254 #
2008/0223(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
1. The Commission shall establish by 31 December 2010 a comparativ0 June 2010 a single methodology for calculating cost-optimal levels of minimum energy performance requirements for buildings or parts thereof. The comparativeis methodology shall differentiate between new and existing buildings and between different categories of buildings.
Amendment 261 #
2008/0223(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
2. Member States shall calculate cost- optimal levels of minimum energy performance requirements using the comparativsingle methodology established in accordance with paragraph 1 and relevant parameters, such as climatic conditions, and compare the results of this calculation to the minimum energy performance requirements which they have laid down.
Amendment 273 #
2008/0223(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2 - introductory part
Article 6 – paragraph 1 – subparagraph 2 - introductory part
(1) For new buildings Member States shall ensure that, before construction starts, the technical, environmental and economic feasibility of the followinghigh-efficiency alternative systems is considered and taken into account, pursuant to the principle of first ensuring that energy needs for heating and cooling are reduced to a minimum. These alternative systems may include but are not limited to:
Amendment 293 #
2008/0223(COD)
Proposal for a directive
Article 7
Article 7
Member States shall take the necessary measures to ensure that when buildings undergo major renovation, their energy performance is upgraded in order to meet minimum energy performance requirements in so far as this is technically, functionally and economically feasible. Member States shall determine these minimum energy performance requirements in accordance with Article 4. The requirements mayshall be set either for the renovated building as a whole orand for the renovated systems or componentstechnical systems and the envelope components of the building when these are part of a renovation to be carried out within a limited time period, with the objective of improving the overall energy performance of the building or parts thereof.
Amendment 302 #
2008/0223(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
1. Member States shall set minimum energy performance requirements in respect of technical building systems which are installed in buildings. Requirements shall be set for new, replacement and retrofit of technical building systems and parts thereof. The requirements shallconsistent with applicable Community legislation and in particular cover the following components:
Amendment 306 #
2008/0223(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) boilers or other heat generators of heating systems, including district or block heating and cooling;
Amendment 308 #
Amendment 312 #
2008/0223(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1 a (new)
Article 8 – paragraph 1 – subparagraph 1 a (new)
Requirements shall be set for new, replacement and retrofitting of technical building systems and parts thereof, and shall be applied in so far as they are technically, functionally and economically feasible. For this purpose, at least the following factors shall be taken into account: - technical obstacles (for example, major installation difficulties, or negative coexistence of different technologies) - economic factors (for example, excessively high installation costs, or economically inaccessible energy supply - political factors (for example, promotion of one specific type of energy)
Amendment 358 #
2008/0223(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Amendment 373 #
2008/0223(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The recommendations included in the energy performance certificate shall be technically, functionally and economically feasible for the specific building and shall provide transparent information as to their cost-effectiveness. The evaluation of cost- effectiveness shall be based on a set of standard conditions, such as on the assessment of energy savings and underlying energy prices and interest rates for investments necessary to implement the recommendations.
Amendment 379 #
2008/0223(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The energy performance certificate shall provide an indication as to where the owner or tenant can receive more detailed information regarding the recommendations given in the certificate. In addition, it shall contain information on the steps to be taken to implement the recommendations, including information on available fiscal and financial incentives and financing possibilities.
Amendment 424 #
2008/0223(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Experts shall be accredited taking into account their competence and their independence. Mutual recognition of national qualification and accreditation shall be ensured by Member States.
Amendment 457 #
2008/0223(COD)
Proposal for a directive
Annex I – point 2 – subparagraph 2
Annex I – point 2 – subparagraph 2
The methodology of calculation of energy performance of buildings should take into accountall be a single European standards.
Amendment 467 #
2008/0223(COD)
Proposal for a directive
Annex I – point 3 – point e
Annex I – point 3 – point e
(e) builtd-in lighting installation (mainly insystems defined by a lighting design taking into account the appropriate lighting levels for the functions executed at room level, the presence of persons, the availability of the appropriate level of natural light, the flexible adoption of light levels which respect the differences of functions and whether the installation is for the non- residential sector); or the residential sector.
Amendment 40 #
2008/0191(COD)
Proposal for a directive – amending act
Recital 8 a (new)
Recital 8 a (new)
(8a) Colleges of supervisors are a step forward in streamlining EU supervisory cooperation and convergence. In order to achieve the necessary level of EU supervisory convergence and cooperation, and to underpin the stability of the financial system, further supervisory convergence should be pursued. To this purpose, by 31 January 2012, the Commission should review Article 129 of Directive 2006/48/EC and submit any appropriate proposals while taking into account the proposal of the High Level Group on cross-border financial supervision.
Amendment 277 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 33 a (new)
Article 1 – point 33 a (new)
Directive 2006/48/EC
Article 156 – paragraph 2 a (new)
Article 156 – paragraph 2 a (new)
(33a) In Article 156, the following paragraph 2a shall be inserted: "By 31 January 2012, the Commission shall review supervisory cooperation arrangements, Article 129 (and related Articles) and shall submit a report to the European Parliament and to the Council as well as appropriate legislative proposals for further supervisory convergence."
Amendment 21 #
2008/0185(COD)
Proposal for a decision
Recital 18
Recital 18
(18) In the establishment, improvement or operation of common solutions the ISA programme should, whenever appropriate, build on or be accompanied by sharing of experience and solutions as well as exchange and promotion of good practices. In this context the Commission should carry out further work to ensure better compliance with the European Interoperability Framework and to promote more openness in standards for ICT services.
Amendment 23 #
2008/0185(COD)
Proposal for a decision
Recital 18 a (new)
Recital 18 a (new)
(18a) Recalls the definition of open standards and specifications adopted in the European Interoperability Framework pursuant to which (i) the standard is adopted and maintained by a not-for- profit organisation, and its ongoing development occurs on the basis of an open decision-making procedure available to all interested parties; (ii) the standard has been published and the standard specification document is available either freely or at a nominal charge; (iii) the intellectual property (namely, the patents possibly present) of (parts of) the standard is made irrevocably available on a royalty- free basis; (iv) there are no constraints on the re-use of the standard.
Amendment 29 #
2008/0185(COD)
Proposal for a decision
Article 2 – point g a (new)
Article 2 – point g a (new)
(ga) "open standard or specifications" are those international, European or national standards or specifications which adhere to the following minimum characteristics of openness which aim to protect such standards from vendor capture and to ensure fair competition: (i) the standard is adopted and will be maintained by a not-for-profit organisation, and its ongoing development occurs on the basis of an open decision-making procedure available to all interested parties; (ii) the standard has been published and the standard specification document is available either freely or at a nominal charge; (iii) the intellectual property - namely, software patents possibly present - of (parts of) the standard is made irrevocably available on a royalty-free basis; (iv) there are non constraints on the re- use of the standard.
Amendment 31 #
2008/0185(COD)
Proposal for a decision
Article 3 – point d a (new)
Article 3 – point d a (new)
(da) open document templates for public administrations.
Amendment 34 #
2008/0185(COD)
Proposal for a decision
Article 3 – point d b (new)
Article 3 – point d b (new)
(db) open source software for e- government services, in particular format conversion and Desktop migration.
Amendment 37 #
2008/0185(COD)
Proposal for a decision
Article 4 – point a
Article 4 – point a
a) the principles of technological neutrality, openness and adaptability:;
Amendment 39 #
Amendment 45 #
2008/0185(COD)
Proposal for a decision
Article 13 a (new)
Article 13 a (new)
Article 13a Platform on interoperability An interactive Platform on Interoperability (the Platform) shall be established. The Platform shall bring together relevant stakeholders for exchanges of views on how to achieve better industry compliance with the Commission's interoperability objectives addressed by the ISA programme. The Commission shall maintain regular contacts with the Platform and shall safeguard the independence of its public procurement and ISA interoperability policies from vendor interests.
Amendment 105 #
2007/0297(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) ‘eco-innovation’ means technological measures or innovations proven to deliver a quantifiable contribution to reducing CO2 emissions that is not taken into account, or not sufficiently taken into account, in the definition in Regulation (EC) No 715/2007 nor covered in the additional measures mentioned in Article 1. A limited list of measures should be established.
Amendment 143 #
2007/0297(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The excess emissions premium under paragraph 1 shall be calculated using the following formula: Excess emissions x number of new passenger cars emitting more than 130 g of CO2/km plus 50% of the number of new passenger cars emitting 130 g of CO2/km or less x excess emissions premium prescribed in paragraph 3. Where: 'Excess emissions' means the positive number of grams per kilometre by which the manufacturer's average specific emissions exceeded its specific emissions target in the calendar year rounded to the nearest three decimal places; and 'Number of new passenger cars' means the number of new passenger cars for which it is the manufacturer and which were registered in that year.
Amendment 144 #
2007/0297(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The excess emissions premium under paragraph 1 shall be calculated using the following formula: Excess emissions x number of new passenger cars emitting more than 130 g of CO2/km x excess emissions premium prescribed in paragraph 3. Where: 'Excess emissions' means the positive number of grams per kilometre by which the manufacturer's average specific emissions exceeded its specific emissions target in the calendar year rounded to the nearest three decimal places; and 'Number of new passenger cars' means the number of new passenger cars for which it is the manufacturer and which were registered in that year.
Amendment 54 #
2007/0249(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The Network of National Regulatory Authorities for Electronic Communications Markets should pay special attention to ensuring that consumers will continue to be able to fully use benefits of the information society, innovation and next generation networks, stimulating investment and prioritising infrastructure competition, and promotion of better access to the information society especially in rural areas with mobile broadband.
Amendment 55 #
2007/0249(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 57 #
2007/0249(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 83 #
2007/0249(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Upon request, the AuthorityNetwork shall provide advice to the Commission and conduct studies and reviews, in particular on technical and economic aspects, regarding the use of radio frequencies for electronic communications in the Communitycooperate closely with the Communications Committee, Radio Spectrum Policy Group (hereinafter “RSPG”) and/or the Radio Spectrum Committee (hereinafter “RSC”), as appropriate, in relation to matters within its competence, in particular those which affect or are affected by the use of radio frequencies for electronic communications in the Community. The Network shall work in close cooperation with the RSPG and the RSC as appropriate.
Amendment 88 #
2007/0249(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 101 #
2007/0249(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Meetings of the Administrative Board shall be convened by its Chairperson. The DirectWhere the legal framework so provides or the Network chooses to act on its own initiative, the Network of the Authority shall participate in the deliberations unless the Administrative Board decides otherwise. The Administrative Board shall meet at least twNational Regulatory Authorities may, in collaboration with the Commission, adopt common positions and opinions on consultations and decisions by national regulatory authorities whiceh 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 Authorityffect, or may affect trade between Member States. Specifically, the Network shall serve, by means of common positions consistent with the requirements of Community law and with the legal framework in particular, to promote uniform enforcement of Community law within its sphere of responsibility. It shall allow in that connection for specific national circumstances.
Amendment 113 #
2007/0249(COD)
Proposal for a regulation
Article 54 a (new)
Article 54 a (new)
The Network of National Regulatory Authorities shall cease its functions no later than five years after commencement, unless the European Parliament and the Council, acting under Article 251 EC Treaty, prolong the effectiveness of the Network for a limited time, on the basis of objective justification by the Commission.
Amendment 114 #
2007/0249(COD)
Proposal for a regulation
Article 55
Article 55
Within five years from the effective start of operations and every five years thereafter, the Commission shall publish a general report on the experience acquired as a result of the operation of the AuthorityNetwork and of the procedures laid down in this Regulation. The evaluation shall cover the results achieved by the AuthorityNetwork and its working methods, in relation with its objective, mandate and tasks defined in this Regulation and in its annual work programmes. The evaluation shall take into account the views of stakeholders, at both Community and national level. The report and any accompanying proposals shall be forwarded to the European Parliament and to the Council. If the evaluation report provided under paragraph 1 of this Article indicates that due to objective circumstances pertinent to functioning of the internal market it is necessary to prolong the effectiveness of the Network for a limited time, the European Parliament and the Council, acting under Article 251 EC Treaty, may for one time prolong the effectiveness of the Network for a minimum necessary period, not exceeding 2 years.
Amendment 143 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 22
Recital 22
(22) Spectrum users should also be able to freely choose the services they wish to offer over the spectrum subject to transitional measures to cope with previously acquired rights. It should be possible for exceptions to the principle of service neutrality which require the provision of a specific service to meet clearly defined general interest objectives such as safety of life, the need to promote social, regional and territorial cohesion, better access to the information society for all citizens or the avoidance of inefficient use of spectrum to be permitted where necessary and proportionate. The aim of promoting better access to the information society for all citizens includes the supply of rural areas with mobile broadband electronic communication services and the continuous increase in the quality of mobile services and bandwidth. Those objectives should include the promotion of cultural and linguistic diversity, and media pluralism as defined in national legislation in conformity with Community law. Except where necessary to protect safety of life, exceptions should not result in exclusive use for certain services, but rather grant priority so that other services or technologies may coexist in the same band insofar as possible. In order that the holder of the authorisation may choose freely the most efficient means to carry the content of services provided over radio frequencies, the content should not be regulated in the authorisation to use radio frequencies.
Amendment 151 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 23
Recital 23
(23) It lies within the competence of the Member States to define the scope and nature of any exception regarding the promotion of cultural and linguistic diversity and media pluralism in accordance with their own national law. These aims should be brought appropriately in line with the other aims of public interest stated in Recital 22.
Amendment 376 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
Amendment 62 #
2007/0197(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Agency may provishall approve the codes 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 1775/2005d rules (including the 10-year investment plan) to ensure non- discrimination, effective competition and the efficient and secure functioning onf the technical or market codes, on the draft annual work programme and the draft 10-year investment planinternal market.
Amendment 65 #
2007/0197(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
(3a) The Agency shall, on its own initiative or at the request of the Commission, advise the Commission in regard to preparing strategic guidelines for the European Network Transmission System Operators, in which to prepare codes and rules (including technical codes, common network operation tools and research plans, a 10-year investment plan including, every two years, a generation adequacy outlook, and an annual work programme) as provided in Article 2c(1)(a) and (c), of Regulation (EC) No 1228/2003 and Article 2c(1)(a) and (c) of Regulation (EC) No 1775/2005, including, where appropriate, the adoption of mandatory guidelines. The Agency shall, on its own initiative or at the request of the Commission, advise the Commission in regard to preparing market codes, including the adoption of mandatory guidelines.
Amendment 70 #
2007/0197(COD)
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
(6a) The Agency shall consult market participants, consumers and end-users extensively and at an early stage, in an open and transparent manner, in particular with regard to its tasks as regards transmission system operators.
Amendment 40 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 4
Recital 4
(4) The Communication of the Commission of 10 January 2007 entitled "An Energy Policy for Europe" highlighted the importance of completing the internal market in natural gas and of creating a level playing field for all gas companies established in the Community. The Internal Energy Market Communication and the final Report on the Competition Sectoral Enquiry showed that the present rules and measures do not provide the necessary framework for achieving the objective of a well functioning internal market. On the other hand, the final Report on the Competition Sectoral Enquiry and the impact assessment produced to support the third legislative package on the internal energy market provided no convincing evidence that made it possible to establish the best or only way to improve the way that market works.
Amendment 45 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 5
Recital 5
(5) Without effective separation of networks from activities of production and supply, there is an inherent risk of discrimination not only in the operation of the network but also in the incentives for vertically integrated companies to invest adequately in their networks. The main motivation for investing is the remuneration received by the operator. Should the national regulatory authority set a low level of remuneration, this would lead to a decrease in investment. On the other hand, should it set a fair and proportionate level of remuneration, ensuring that revenue covers costs and pays off such investment, it would automatically generate an increase in investment, regardless of whether the network operator belongs to an integrated group. Therefore, the primary major determining factor for investment resides in pricing regulation and in the role and powers of the national regulatory authorities, which should be reinforced in order to complete the internal market to the benefit of the consumer.
Amendment 50 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 7
Recital 7
(7) Only tThe removal of the inherent incentive for vertically integrated companies to discriminate against competitors as regards network access and investment can ensure effective unbundling. Ownership unbundling, which implies the network owner being appointed as the network operator and being independent from any supply and production interests, is clearly the most effective and stablone way to solve the inherent conflict of interest and to ensure security of supply. For this reason, t. The European Parliament, in its Rresolution on Pprospects for the internal gas and electricity market, adopted on 10 July 2007 referred to ownership unbundling at transmission level as the most effective tool to promote investments in infrastructures in a non-discriminatory way, fair access to the grid for new entrants and transparency in the market. Member States should therefore be required to ensure that the same person or persons are not entitled to exercise control, including through minority blocking rights on decisions of strategic importance such as investments, over a production or supply undertaking and, at the same time, hold any interest in or exercise any right over a transmission system operator or transmission system. Conversely, , considered moreover that the application of further unbundling measures for the gas sector is not straightforward, and therefore urged the development of specific solutions to enable this sector to achieve the completion of the internal gas market, taking into accountrol over a transmission system operator should preclude the possibility of holding any interest in or exercising any right over a supply undertaking the differences between the upstream and downstream markets.
Amendment 60 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 8 a (new)
Recital 8 a (new)
Amendment 64 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 10
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 or efficient and effective unbundling is implemented and detailed regulation and extensive regulatory control mechanisms are put in place.
Amendment 70 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 11
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,, effective and efficient unbundling of transmission systems and of transmission system operators, and setting up system operators which are independent from supply and generation 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 generation business, provided that the requirements resulting from ownership unbundling are complied with.
Amendment 116 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 25
Recital 25
(25) In view of the creation of an internal market for electricity, Member States should foster the integration of their national markets and the cooperation of network operators at European and regional level. Regional integration initiatives are an essential intermediate step in achieving European integration of energy markets, which remains the final objective. The regional level contributes towards accelerating the integration process by making it possible for the actors concerned, particularly the Member States, the national regulatory authorities and the transmission system operators, to cooperate on specific issues.
Amendment 190 #
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
1. Member States 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 foster the consistency of their legal and regulatory framework. The geographical2. When the cooperation between several Member States at a regional level encounters significant difficulties, following the joint request of these Member States, the Commission may designate, in agreaement with all Member States covncerned by, a 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. rdinator. 3. The regional coordinator shall promote at regional level the cooperation of national regulatory authorities and other competent public authorities, network operators, gas exchanges, grid users and market parties. In particular, the regional coordinator shall : (a) promote new efficient investments in interconnections. To this end, the regional coordinator shall assist transmission system operators in drawing up their regional interconnection plan and shall contribute to the coordination of their investments decisions and, where appropriate, of their open season procedure; (b) promote the efficient and safe use of the networks. To this end, the regional coordinator shall contribute to the coordination between transmission system operators, national regulatory authorities and other competent national public authorities in drawing up their common allocation and common safeguard mechanisms; (c) submit an annual report to the Commission and Member States concerned on the progress achieved in the region and on any difficulty or obstacle that may hinder such progress.
Amendment 199 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/55/EC
Article 7 – paragraph –1 (new)
Article 7 – paragraph –1 (new)
"–1. In order to ensure the independence of transmission system operators, Member States shall ensure that, as from [date of transposition plus one year], vertically integrated undertakings must comply with the provisions of Article 7(1)(a) to (d) or Article 9 or Article 9b."
Amendment 238 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 6 c (new)
Article 1 – point 6 c (new)
Directive 2003/55/EC
Article 8 – paragraphs 4 a to 4 h (new)
Article 8 – paragraphs 4 a to 4 h (new)
Amendment 240 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 6 d (new)
Article 1 – point 6 d (new)
Directive 2003/55/EC
Article 8 a (new)
Article 8 a (new)
Amendment 98 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 4
Recital 4
(4) The Communication of the Commission of 10 January 2007 entitled “An Energy Policy for Europe” highlighted the importance of completing the internal market in electricity and of creating a level playing field for all electricity companies established in the Community. The Internal Energy Market Communication and the final Report on the Competition Sectoral Enquiry showed that the present rules and measures do not provide the necessary framework for achieving the objective of a well functioning internal market. Furthermore, the final Report on the Competition Sectoral Enquiry and the impact assessment conducted to support the third legislative package on the internal energy market provided no convincing evidence to make it possible to determine the best or only way to improve the way the internal market works.
Amendment 100 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 5
Recital 5
(5) Without effective separation of networks from activities of generation and supply, there is an inherent risk of discrimination not only in the operation of the network but also in the incentives for vertically integrated companies to invest adequately in their networks. The main motivation for investing is the remuneration received by the operator. If the national regulatory authority sets a low level of remuneration, this will lead to a decrease in investment. On the other hand, if it sets a fair and proportionate level of remuneration, ensuring that revenue covers costs and pays off such investment, it will automatically generate an increase in investment, regardless of whether the network operator belongs to an integrated group. Therefore, the primary major determining factor for investment resides in pricing regulation and in the role and powers of the national regulatory authorities, which should be reinforced in order to complete the internal market to the benefit of the consumer.
Amendment 106 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 7
Recital 7
(7) Only tThe removal of the inherent incentive for vertically integrated companies to discriminate against competitors as regards network access and investment can ensure effective unbundling. Ownership unbundling, which implies the network owner being appointed as the network operator and being independent from any supply and production interests, is clearly the most effective and stablone of the way tos of solveing the inherent conflict of interest and to ensure security of supply. For this reason, t. The European Parliament in its Rresolution on Pprospects for the internal gas and electricity market adopted on 10 July 2007 referred to ownership unbundling at transmission level as the most effective tool to promote investments in infrastructures in a non-discriminatory way, fair access to the grid for new entrants and transparency in the market. Member States should therefore be required to ensure that the same person or persons are not entitled to exercise control, including through minority blocking rights on decisions of strategic importance such as investments, over a production or supply undertaking and, at the same time, hold any interest in or exercise any right over a transmission system operator or transmission system. Conversely, control over a transmission system operator should preclude the possibility of holding any interest in or exercising any right over a supply undertaking.
Amendment 109 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 8 a (new)
Recital 8 a (new)
Amendment 121 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 11
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,, effective and efficient unbundling of transmission systems and of transmission system operators, and setting up system operators which are independent from supply and generation 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 generation business, provided that the requirements resulting from ownership unbundling are complied with.
Amendment 146 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 22
Recital 22
(22) In view of the creation of an internal market for electricity, Member States should foster the integration of their national markets and the cooperation of network operators at European and regional levelnational level. Regional integration initiatives are an essential intermediate step in achieving European integration of energy markets, which remains the final objective. The regional level contributes towards accelerating the integration process by making it possible for the actors concerned, particularly the Member States, the national regulatory authorities and the transmission system operators, to cooperate on specific issues.
Amendment 148 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 22 a (new)
Recital 22 a (new)
(22a) Regional coordinators could be appointed to facilitate dialogue between all relevant actors, national authorities, transmission system operators, users, electricity exchanges and other market actors. Their involvement could be particularly beneficial for the planning of cross-border investment. They will report annually to the Commission and the Member States on the progress made and difficulties encountered.
Amendment 197 #
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
1. Member States 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 foster the consistency of their legal and regulatory framework. The geographical area covered by regional cooperations shall be in line with the definition of geographical areas b1a. When the cooperation between several Member States at a regional level encounters significant difficulties, following the joint request of these Member States the Commission may designate, in agreement with all Member States concerned, a regional coordinator. 1b. The regional coordinator shall promote at a regional level the cooperation of national regulatory authorities and any othe 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 fr competent public authorities, network operators, power exchanges, grid users and market parties. In particular, the regional coordinator shall: (a) promote new efficient investments in interconnections. To this end, the regional coordinator shall assist transmission system operators at drawing up of their regional interconnection plan and contribute to the coordination of their investments decisions and, where appropriate, of their open season procedure; (b) promote the efficient and safe use of the networks. To this end, the regional coordinator shall contribute to the coordination between transmission system operators, national regulatory access to the network for cross-border exchanges in electricity." uthorities and other competent national public authorities with the preparation of common allocation and common safeguard mechanisms; (c) annually submit a report to the Commission and Member States concerned on the progress achieved in the region and on any difficulty or obstacle that may hinder such a progress.
Amendment 224 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 3 h (new)
Article 1 – point 3 h (new)
Directive 2003/54/EC
Article 7 a (new)
Article 7 a (new)
Amendment 269 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Directive 2003/54/EC
Article 8b a (new)
Article 8b a (new)
Amendment 282 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 6 g (new)
Article 1 – point 6 g (new)
Directive 2003/54/EC
Article 9 –paragraphs 1a to 1 k (new)
Article 9 –paragraphs 1a to 1 k (new)
Amendment 551 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 15
Article 1 – point 15
Directive 2003/54/EC
Annex A – point (h)
Annex A – point (h)
(h) have at their disposal their consumption data, and shall be able to, by explicit agreement and free of charge, give any undertaking with a supply licence access to its metering data. The party responsible for data management is obliged to give these dataare easily able to switch to a new supplier. The Member States shall ensure that customers have access to the data required to enable effective customer transfer and can give any undertaking with a supply licence access to its data. No extra charge shall be made for this service. The party responsible for data management shall meet any reasonable request to give data directly to thean undertaking. Member States shall define a format for the data and a procedure for suppliers and consumers to have access to the data. No additional costs can be charged to the consumer for this service authorised by the customer. Member States shall ensure there is an agreed specification of the data required to enable effective customer transfer, a defined customer transfer process and for those data to be supplied on request to the customer. The supplier shall hold as a minimum accurate monthly usage data to be obtained via smart meters. The Member States shall ensure that roll-out of smart meters is completed as soon as possible, but no later than 2020. The data thus obtained should be made available to the customer on request, in a meaningful format and at a charge reflecting the service provided.
Amendment 559 #
2007/0195(COD)
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 ofregularly of their actual gas / electricity consumption and costprices. No explicit additional costs can be charged to the consumer for thisshall be made for this particular service.
Amendment 566 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 15
Article 1 – point 15
Directive 2003/54/EC
Annex A – point (j)
Annex A – point (j)
(j) can change supplier at any time in the year, and a customer’s account with the previous supplier shall not be settled later than one month following the last supply by this previous supplier. without prejudice to existing supply contracts and private network arrangements (non-standard networks) change supplier at any time in the year. The Member States should ensure that best practice guidelines are established for a reasonable time between the transfer and the issue of the final bill.