BETA

86 Amendments of Ján HUDACKÝ

Amendment 52 #

2008/0223(COD)

Proposal for a directive
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,
2009/02/23
Committee: ITRE
Amendment 63 #

2008/0223(COD)

Proposal for a directive
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.
2009/02/23
Committee: ITRE
Amendment 64 #

2008/0223(COD)

Proposal for a directive
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“.
2009/02/23
Committee: ITRE
Amendment 75 #

2008/0223(COD)

Proposal for a directive
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.
2009/02/23
Committee: ITRE
Amendment 76 #

2008/0223(COD)

Proposal for a directive
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.
2009/02/23
Committee: ITRE
Amendment 80 #

2008/0223(COD)

Proposal for a directive
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.
2009/02/23
Committee: ITRE
Amendment 94 #

2008/0223(COD)

Proposal for a directive
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.
2009/02/23
Committee: ITRE
Amendment 96 #

2008/0223(COD)

Proposal for a directive
Recital 16 b (new)
(16b) Member States should avoid distortive energy price regulation for consumers which does not provide incentives to make energy savings.
2009/02/23
Committee: ITRE
Amendment 114 #

2008/0223(COD)

Proposal for a directive
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.
2009/02/23
Committee: ITRE
Amendment 125 #

2008/0223(COD)

Proposal for a directive
Article 1 – point a
(a) the general framework for a methodology of calculation of the integrated energy performance of buildings and parts thereof ;
2009/02/23
Committee: ITRE
Amendment 139 #

2008/0223(COD)

Proposal for a directive
Article 2 – point 1 a (new)
(1a) "parts of a building means apartments or units designated for separate use in building blocks;
2009/02/23
Committee: ITRE
Amendment 146 #

2008/0223(COD)

Proposal for a directive
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;
2009/02/23
Committee: ITRE
Amendment 156 #

2008/0223(COD)

Proposal for a directive
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;
2009/02/23
Committee: ITRE
Amendment 160 #

2008/0223(COD)

Proposal for a directive
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;
2009/02/23
Committee: ITRE
Amendment 171 #

2008/0223(COD)

Proposal for a directive
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;
2009/02/23
Committee: ITRE
Amendment 185 #

2008/0223(COD)

Proposal for a directive
Article 2 – point 14 a (new)
(14a) “lighting system”: means the combination of components required to provide a certain light level.
2009/02/23
Committee: ITRE
Amendment 190 #

2008/0223(COD)

Proposal for a directive
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.
2009/02/23
Committee: ITRE
Amendment 196 #

2008/0223(COD)

Proposal for a directive
Article 3 – paragraph 2
This methodology shall be adopted at national or regional level.deleted
2009/02/23
Committee: ITRE
Amendment 213 #

2008/0223(COD)

Proposal for a directive
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.
2009/02/25
Committee: ITRE
Amendment 240 #

2008/0223(COD)

Proposal for a directive
Article 4 – paragraph 3
3.(3) As from 30 June 2014 Member States shall not provide incentives for the construction or renovation off new buildings or parts thereof which do not comply with minimum energy performance requirements achieving the results of the calculation referred to in Article 5(2).
2009/02/25
Committee: ITRE
Amendment 254 #

2008/0223(COD)

Proposal for a directive
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.
2009/02/25
Committee: ITRE
Amendment 261 #

2008/0223(COD)

Proposal for a directive
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.
2009/02/25
Committee: ITRE
Amendment 273 #

2008/0223(COD)

Proposal for a directive
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:
2009/02/25
Committee: ITRE
Amendment 293 #

2008/0223(COD)

Proposal for a directive
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.
2009/02/25
Committee: ITRE
Amendment 302 #

2008/0223(COD)

Proposal for a directive
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:
2009/02/25
Committee: ITRE
Amendment 306 #

2008/0223(COD)

Proposal for a directive
Article 8 – paragraph 1 – point a
(a) boilers or other heat generators of heating systems, including district or block heating and cooling;
2009/02/25
Committee: ITRE
Amendment 308 #

2008/0223(COD)

Proposal for a directive
Article 8 – paragraph 1 – point c a (new)
(ca) lighting.
2009/02/25
Committee: ITRE
Amendment 312 #

2008/0223(COD)

Proposal for a directive
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)
2009/02/25
Committee: ITRE
Amendment 358 #

2008/0223(COD)

Proposal for a directive
Article 9 a (new)
Article 9a Financial Incentives and Market Intervention 1. Member States shall draw up national reports on financial and fiscal incentives adopted at national and sub-national level to promote the increased energy efficiency of both new and existing buildings. These reports shall contain plans for the future development of such incentives. 2. Member States shall draw up national reports on legal and market barriers to investment in the energy efficiency of new and existing buildings. These national reports shall be accompanied by details of measures put in place by Member States to reduce such barriers. 3. Member States shall communicate the national reports referred to in paragraphs 1 and 2 to the Commission by including them in the Energy Efficiency Action Plans referred to in Article 14(2) of Directive 2006/32/EC. They shall subsequently continue to report their national plans to the Commission every three years.
2009/02/25
Committee: ITRE
Amendment 373 #

2008/0223(COD)

Proposal for a directive
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.
2009/02/26
Committee: ITRE
Amendment 379 #

2008/0223(COD)

Proposal for a directive
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.
2009/02/26
Committee: ITRE
Amendment 424 #

2008/0223(COD)

Proposal for a directive
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.
2009/02/26
Committee: ITRE
Amendment 457 #

2008/0223(COD)

Proposal for a directive
Annex I – point 2 – subparagraph 2
The methodology of calculation of energy performance of buildings should take into accountall be a single European standards.
2009/02/26
Committee: ITRE
Amendment 467 #

2008/0223(COD)

Proposal for a directive
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.
2009/02/26
Committee: ITRE
Amendment 40 #

2008/0191(COD)

Proposal for a directive – amending act
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.
2009/01/19
Committee: ECON
Amendment 277 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 33 a (new)
Directive 2006/48/EC
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."
2009/01/19
Committee: ECON
Amendment 21 #

2008/0185(COD)

Proposal for a decision
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.
2009/01/30
Committee: ITRE
Amendment 23 #

2008/0185(COD)

Proposal for a decision
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.
2009/01/30
Committee: ITRE
Amendment 29 #

2008/0185(COD)

Proposal for a decision
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.
2009/01/30
Committee: ITRE
Amendment 31 #

2008/0185(COD)

Proposal for a decision
Article 3 – point d a (new)
(da) open document templates for public administrations.
2009/01/30
Committee: ITRE
Amendment 34 #

2008/0185(COD)

Proposal for a decision
Article 3 – point d b (new)
(db) open source software for e- government services, in particular format conversion and Desktop migration.
2009/01/30
Committee: ITRE
Amendment 37 #

2008/0185(COD)

Proposal for a decision
Article 4 – point a
a) the principles of technological neutrality, openness and adaptability:;
2009/01/30
Committee: ITRE
Amendment 39 #

2008/0185(COD)

Proposal for a decision
Article 4 – point c a (new)
(ca) the principle of re-use.
2009/01/30
Committee: ITRE
Amendment 45 #

2008/0185(COD)

Proposal for a decision
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.
2009/01/30
Committee: ITRE
Amendment 105 #

2007/0297(COD)

Proposal for a regulation
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.
2008/06/17
Committee: ITRE
Amendment 143 #

2007/0297(COD)

Proposal for a regulation
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.
2008/06/17
Committee: ITRE
Amendment 144 #

2007/0297(COD)

Proposal for a regulation
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.
2008/06/17
Committee: ITRE
Amendment 54 #

2007/0249(COD)

Proposal for a regulation
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.
2008/05/23
Committee: ECON
Amendment 55 #

2007/0249(COD)

Proposal for a regulation
Recital 10
(10) The Commission Communication to the European Parliament and Council of 1 June 2007 "On the evaluation of the European Network and Information Security Agency (ENISA)"26 presented an appraisal of an external expert report27 evaluating the performance of the Agency since its establishment and the recommendations of the ENISA Management Board regarding the ENISA Regulation and launched a public consultation. The key findings of that expert report confirmed the validity of the policy behind the creation of ENISA and its original goals, and in particular its contribution to achieving a truly internal market in electronic communications.deleted
2008/05/23
Committee: ECON
Amendment 57 #

2007/0249(COD)

Proposal for a regulation
Recital 11
(11) At the same time, a number of problems were identified, including in particular issues relating to its organisational structure, the skills mix and the size of its operational staff, and logistical difficulties. The key functions of ENISA should evolve so as to form a core component of the Authority, which on the basis of a clearer identification of objectives and tasks, should ensure that those objectives and tasks can be fulfilled in a more efficient, focused and cost effective manner, consistent with the principles of better regulation, by a single authority with competence over matters falling within the EU regulatory framework for electronic communications networks and servicesdeleted
2008/05/23
Committee: ECON
Amendment 83 #

2007/0249(COD)

Proposal for a regulation
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.
2008/05/23
Committee: ECON
Amendment 88 #

2007/0249(COD)

Proposal for a regulation
Article 14
Network and information security In addition to the tasks referred to in Article 4(3)(b) and Article 19(4) and (5), the Authority shall contribute to the development of a culture of network and information security, in particular by: (a) facilitating cooperation between the Commission and the Member States in the development of common methodologies to prevent, address and respond to network and information security issues; (b) advising the Commission on research in the area of network and information security as well as on the effective use of risk prevention technologies and promoting risk assessment activities, interoperable risk management solutions and studies on prevention management solutions within public and private sector organisations and (c) contributing to Community efforts to cooperate with third countries and, where appropriate, with international organisations to promote a common global approach to network and information security issues.Article 14 deleted
2008/05/23
Committee: ECON
Amendment 101 #

2007/0249(COD)

Proposal for a regulation
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.
2008/05/23
Committee: ECON
Amendment 113 #

2007/0249(COD)

Proposal for a regulation
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.
2008/05/23
Committee: ECON
Amendment 114 #

2007/0249(COD)

Proposal for a regulation
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.
2008/05/23
Committee: ECON
Amendment 143 #

2007/0247(COD)

Proposal for a directive – amending act
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.
2008/05/28
Committee: ITRE
Amendment 151 #

2007/0247(COD)

Proposal for a directive – amending act
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.
2008/05/28
Committee: ITRE
Amendment 376 #

2007/0247(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 6 a (new)
6a. The Member States intend to split the spectrum of the UHF bands IV/V (470- 862 MHz) into equal shares for further developing broadcasting and mobile communication services. As a first step, Member States shall follow the outcome of the World Radio Conference 2007. The harmonised subband of 790-862 MHz shall be vacated and assigned to mobile broadband services as soon as possible, but not later than six months after the date of entry into force of this Directive. Thereafter, at least two-thirds of the additional spectrum that will be released in the UHF bands IV/V (470-862 MHz) in the process of the digital switchover of broadcasting services shall be immediately allocated and assigned to mobile broadband networks until the aim referred to in the first subparagraph is met. Frequencies shall be allocated and assigned to mobile broadband networks in a harmonised manner. For this purpose, the necessary planning procedures shall be initiated immediately. At the request of a mobile network operator, the national regulatory authority shall review whether the existing allocations and assignments of radio frequencies issued for the purpose of broadcast content services are necessary for the fulfilment of the objectives referred to in Article 9(4). This review shall be completed within three months. Should those allocations and assignments not be necessary for the fulfilment of those objectives, new allocations to mobile communications services and assignments shall be issued by the national regulatory authority within six months. If there are compelling reasons, the national regulatory authority may extend the time limit after notification to the Commission by an additional three months.
2008/06/03
Committee: ITRE
Amendment 62 #

2007/0197(COD)

Proposal for a regulation
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.
2008/03/07
Committee: ECON
Amendment 65 #

2007/0197(COD)

Proposal for a regulation
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.
2008/03/07
Committee: ECON
Amendment 70 #

2007/0197(COD)

Proposal for a regulation
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.
2008/03/07
Committee: ECON
Amendment 40 #

2007/0196(COD)

Proposal for a directive – amending act
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.
2008/04/07
Committee: ITRE
Amendment 45 #

2007/0196(COD)

Proposal for a directive – amending act
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.
2008/04/07
Committee: ITRE
Amendment 50 #

2007/0196(COD)

Proposal for a directive – amending act
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.
2008/04/07
Committee: ITRE
Amendment 60 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 8 a (new)
(8a) Member States that so wish may apply the provisions of this Directive relating to the effective and efficient separation of transmission systems and transmission system operators. This is effective because it helps ensure the independence of transmission system operators. It is efficient because it provides a more appropriate regulatory framework to guarantee fair competition, sufficient investment, access for new entrants and the integration of natural gas markets. It is based on a pillar of organisational measures and measures relating to the governance of transmission system operators and on a pillar of measures relating to investment, connecting new production capacities to the network and market integration through regional cooperation. It is in line with the requirements laid down by the European Council at its meeting in Brussels on 8 and 9 March 2007.
2008/04/07
Committee: ITRE
Amendment 64 #

2007/0196(COD)

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 or efficient and effective unbundling is implemented and detailed regulation and extensive regulatory control mechanisms are put in place.
2008/04/07
Committee: ITRE
Amendment 70 #

2007/0196(COD)

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,, 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.
2008/04/07
Committee: ITRE
Amendment 116 #

2007/0196(COD)

Proposal for a directive – amending act
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.
2008/04/07
Committee: ITRE
Amendment 190 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 3
Directive 2003/55/EC
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.
2008/04/10
Committee: ITRE
Amendment 199 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 4
Directive 2003/55/EC
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."
2008/04/10
Committee: ITRE
Amendment 238 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 6 c (new)
Directive 2003/55/EC
Article 8 – paragraphs 4 a to 4 h (new)
(6c) In Article 8, the following paragraphs shall be added: "4a. Transmission system operators shall draw up a 10-year network development plan at least every two years. They shall take efficient measures to guarantee system adequacy and security of supply. 4b. The 10-year network development plan shall in particular: a) indicate to market participants the main transmission infrastructures that ought to be built over the next ten years; b) contain all the investments already decided upon and identify new investments for which an implementation decision has to be taken in the next three years. 4c. In order to draw up this 10-year network development plan, each transmission system operator shall make a hypothesis about the evolution of generation, consumption and exchanges with other countries, and shall take into account regional and European-wide existing network investment plans. Transmission system operator shall submit in due time the draft of this plan to the competent national body. 4d. The competent national body shall consult the draft with all relevant network users in an open and transparent way, and may publish the result of such consultation, in particular possible investment need. 4e. The competent national body shall examine whether the draft 10-year network development plan covers all investment needs identified during the consultation. The competent national body may require the transmission system operator to amend this plan. 4f. The competent national body within the meaning of paragraphs 4c, 4d and 4e, may be the national regulatory authority, any other competent national public authority or a network development trustee established by transmission system operators. In the latter case, transmission system operators shall submit the drafts of their statutes, a list of their members and their rules of procedure to the competent national public authority for its approval. 4g. If the transmission system operator fails to implement a specific investment listed in the 10-year network development plan within the subsequent three years, Members States shall ensure that the national regulatory authority or any other competent national public authority has the necessary powers to take one of the following measures: a) to request, by all legal means, the transmission system operator to fulfil its investment obligations using its financial capacities, or, b) to invite independent investors to tender for the necessary investment in a transmission system and at the same time may oblige the transmission system operator: – to agree to financing by any third party, – to agree to building by any third party or to build the respective new assets and – to operate the respective new asset. The relevant financial arrangements shall be subject to the approval of the national regulatory authority or any other competent national authority. In both cases, tariff regulation shall allow for revenues that cover the costs of such investments. 4h. The competent national public authority shall monitor and evaluate the implementation of the investment plan.
2008/04/10
Committee: ITRE
Amendment 240 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 6 d (new)
Directive 2003/55/EC
Article 8 a (new)
(6d) The following Article shall be inserted: "Article 8a Effective and efficient unbundling of transmission systems I. Assets, equipment, staff and identity 1. Transmission system operators shall be equipped with all human, physical and financial resources of the vertically integrated undertaking necessary for the regular business of gas transmission, in particular: (i) transmission system operators shall own assets necessary for the regular business of gas transmission; (ii) transmission system operators shall employ the staff necessary for the regular business of gas transmission; (iii) the sharing of the staff and the provision of services between branches of a vertically integrated undertaking performing functions of generation or supply shall be limited to cases where there is no possibility of discrimination and shall be subject to approval by national regulatory authorities in order to exclude competition concerns and conflicts of interest; (iv) appropriate financial resources for future investment projects shall be made available in due time. 2. The activities deemed necessary for the regular business of gas transmission mentioned in paragraph 1 shall include at least the following: – representation of the transmission system operator and contacts with third parties and national regulatory authorities, – granting and managing third party access to the network, – collection of access charges, congestion rents and payments under the inter transmission system operator compensation mechanism, in compliance with Article 3 of Regulation (EC) No 1228/2003, – operation, maintenance and development of the transmission system, – investment planning ensuring the long- term ability of the system to meet reasonable demand and guaranteeing security of supply, – legal services, – accountancy and IT services. 3. Transmission system operators shall have the legal form of a joint-stock company. 4. The transmission system operator shall have its own corporate identity, significantly different from the vertically integrated undertaking, with separate branding, communication and premises. 5. Transmission system operators' accounts shall be audited by an auditor other than the person auditing the vertically integrated undertaking and all its affiliated companies. II. Independence of the transmission system operator's management, chief executive officer / executive board 6. Decisions on the appointment and on any early termination of the employment of the chief executive officer or members of the executive board of the transmission system operator and decisions on the conclusion or early termination of the employment contracts with these persons shall be notified to the national regulatory authority or any other competent national public authority. These decisions and agreements may become binding only if, within a period of 3 weeks following the notification, the regulatory authority or any other competent national public authority has not used its right of veto. A veto may be used if an appointment and the conclusion of the relevant agreement poses serious doubts as to the professional independence of the nominated chief executive officer or a member of the executive board; in the case of early terminations of employment and of respective agreements with these persons, the right of veto may be used only if serious doubts exist regarding the basis and justification of such termination. 7. Right of appeal to the national regulatory authority or another competent national public authority or to a court shall be guaranteed to the management of the transmission system operator in the event of early terminations of their employment. 8. After termination of employment in the transmission system operator, the chief executive officers / members of the executive board shall not participate in any branch of the vertically integrated undertaking performing functions of generation or supply for a period of not less than 3 years. 9. The chief executive officer / members of the executive board shall not hold any interest in or receive any compensation from any undertaking of the vertically integrated company other than the transmission system operator. Remuneration of the chief executive officer / members of the executive board shall in no part depend on activities of the vertically integrated undertaking other than those of the transmission system operator. 10. The chief executive officer or the members of the executive board of the transmission system operator may not be responsible, directly or indirectly, for the day-to-day operation of any other branch of the vertically integrated undertaking. 11. Without prejudice to the provisions above, the transmission 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 network. This should not prevent 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, 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 transmission 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 transmission lines, that do not exceed the terms of the approved financial plan, or any equivalent instrument. III. Supervisory board / Board of directors 12. Chairmen of the supervisory board/board of directors of the transmission system operator shall not participate in any branch of the vertically integrated undertaking performing functions of generation or supply. 13. The supervisory boards / boards of directors of transmission system operators shall also include independent members, appointed for a term of at least 5 years. Appointment of the members of the supervisory board / board of directors shall be notified to the national regulatory authority/ or any other competent national public authority and become binding under the conditions described in paragraph 6. 14. For the purpose of paragraph 13, a member of the supervisory board / board of directors of a transmission system operator shall be deemed independent if he/she does not participate in any business with, or is no other relationship with the vertically integrated undertaking, its controlling shareholders or the management of either, that would create a conflict of interest, in particular: (a) has not been an employee of any branch of the vertically integrated undertaking performing functions of generation and supply in five years prior to the appointment as a member of the supervisory board / board of directors; (b) does not hold any interest in, and does not receive any compensation from, the vertically integrated undertaking or any of its affiliates except the transmission system operator; (c) does not have any relevant business relationship with any branch of the vertically integrated company performing functions of energy supply during his/her appointment as a member of the supervisory board / board of directors; (d) is not a member of the executive board of a company in which the vertically integrated undertaking appoints members of the supervisory board / board of directors. IV. Compliance officer 15. Member States shall ensure that transmission system operators establish and implement a compliance programme which sets out measures to be taken to ensure that discriminatory conduct is excluded. The programme shall also set out the specific obligations of employees of the transmission system operators to meet this objective. The programme shall be subject to the approval of the national regulatory authority or any other competent national public authority. Compliance of the program shall be independently monitored by the compliance officer. The national regulatory authority shall have the power to impose sanctions in case of inappropriate implementation of the compliance program by the transmission system operator. 16. The chief executive officer / executive board of the transmission system operator shall appoint a person or a body in a function of a compliance officer who shall be responsible for: (i) monitoring the implementation of the compliance programme; (ii) preparing an annual report, setting out the measures to be taken in order to implement the compliance programme and submitting it to the national regulatory authority; (iii) issuing recommendations regarding the compliance programme and its implementation. 17. The independence of the compliance officer shall be guaranteed in particular by the terms of the relevant employment contract. 18. The compliance officer shall have the opportunity to regularly address the supervisory board/board of directors of the transmission system operator, of the vertically integrated undertaking and the national regulatory authorities. 19. The compliance officer shall attend all meetings of the supervisory board / board of directors of the transmission system operator that address the following areas: (i) conditions for access and connection to the system, including the collection of access charges, congestion rents, and payments under the inter transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No 1228/2003; (ii) projects undertaken in order to operate, maintain and develop the transmission grid system, including interconnection and connection investments; (iii) energy purchases in order to cover energy losses. 20. During these meetings, the compliance officer shall prevent information about generators or suppliers activities which may be commercially advantageous from being disclosed in a discriminatory manner to the supervisory board/board of directors. 21. The compliance officer shall have access to all relevant books, records and offices of the transmission system operator and to all the necessary information for the fulfilment of the tasks. The compliance officer shall be nominated and removed by the chief executive officer / executive board only after prior approval by the national regulatory authority."
2008/04/10
Committee: ITRE
Amendment 98 #

2007/0195(COD)

Proposal for a directive – amending act
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.
2008/03/17
Committee: ITRE
Amendment 100 #

2007/0195(COD)

Proposal for a directive – amending act
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.
2008/03/17
Committee: ITRE
Amendment 106 #

2007/0195(COD)

Proposal for a directive – amending act
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.
2008/03/17
Committee: ITRE
Amendment 109 #

2007/0195(COD)

Proposal for a directive – amending act
Recital 8 a (new)
(8a) Member States that so wish may apply the provisions of this Directive relating to the effective and efficient separation of transmission systems and transmission system operators. This separation is effective because it helps ensure the independence of transmission system operators. It is efficient because it provide a more appropriate regulatory framework to guarantee fair competition, sufficient investment, access for new entrants and the integration of electricity markets. It is based on a pillar of organisational measures and measures relating to the governance of transmission system operators and on a pillar of measures relating to investment, connecting new production capacities to the network and market integration through regional cooperation. It is in line with the requirements laid down by the European Council at its meeting in Brussels on 8 and 9 March 2007.
2008/03/17
Committee: ITRE
Amendment 121 #

2007/0195(COD)

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,, 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.
2008/03/17
Committee: ITRE
Amendment 146 #

2007/0195(COD)

Proposal for a directive – amending act
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.
2008/03/17
Committee: ITRE
Amendment 148 #

2007/0195(COD)

Proposal for a directive – amending act
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.
2008/03/17
Committee: ITRE
Amendment 197 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 3
Directive 2003/54/EC
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.
2008/03/17
Committee: ITRE
Amendment 224 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 3 h (new)
Directive 2003/54/EC
Article 7 a (new)
(3h) The following Article shall be inserted: "Article 7a 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 have to comply either with Article 8(1), points (a) to (d), or with Article 10 or with the provisions of Article 8ba." Or. en (Adding a new Article 7a to Directive 2003/54/EC)
2008/03/17
Committee: ITRE
Amendment 269 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 5 a (new)
Directive 2003/54/EC
Article 8b a (new)
(5a) The following Article shall be inserted: "Article 8ba Effective and efficient unbundling of transmission systems I. Assets, equipment, staff and identity Transmission system operators shall be equipped with all human, physical and financial resources of the vertically integrated undertaking necessary for the regular business of electricity transmission, in particular: (a) transmission system operator shall own assets that are necessary for the regular business of electricity; (b) transmission system operator shall employ personnel necessary for the regular business of electricity transmission; (c) leasing of personnel and rendering of services, from and to any branch of the vertically integrated undertaking performing functions of generation or supply, shall be limited to cases with no discriminatory potential and be subject to approval by national regulatory authorities in order to exclude competition concerns and conflicts of interest; (d) appropriate financial resources for future investment projects shall be available in due time. 2. The activities deemed necessary for the regular business of electricity transmission mentioned in paragraph 1 shall at least include : (a) representation of the transmission system operator and contacts with third parties and national regulatory authorities; (b) granting and managing third party access to the grid; (c) collection of the access charges, congestion rents and payments under the inter transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No. 1228/2003; (d) operation, maintenance and development of the transmission system; (e) investment planning ensuring the long-term ability of the system to meet reasonable demand and guaranteeing security of supply; (f) legal services; (g) accountancy and IT services. 3. Transmission system operators shall have a legal form of a joint-stock company. 4. The transmission system operator shall have its own corporate identity, significantly different from the vertically integrated undertaking with separate branding, communication and premises. 5. Transmission system operators´ accounts shall be audited by another auditor than the one auditing the vertically integrated undertaking and all its affiliated companies. II. Independence of the transmission system operator management, chief executive officer / executive board 6. Decisions on the appointment and on any early termination of the employment of the chief executive officer / members of the executive board of the transmission system operator and the conclusion or early termination of respective employment contracts with these persons shall be notified to the national regulatory authority or any other competent national public authority. These decisions and agreements may become binding only if, within a period of 3 weeks after the notification, the national regulatory authority or any other competent national public authority has not used it's right of veto. A veto may be used in the case of appointment and conclusion of respective contractual agreements if serious doubts arise as to the professional independence of the nominated chief executive officer / member of the executive board; in the case of early termination of employment and respective employment contracts with the chief executive officer / member of the executive board, the national regulatory authority or any other competent national public authority may use its right of veto if serious doubts exist regarding the basis and justification for such termination. 7. Right of appeal to the regulatory authority or another competent national public authority or to a court shall be guaranteed to the chief executive office or the member of the executive board of the transmission system operator in case of early terminations of their employment. 8. After termination of employment in the transmission system operator, chief executive officers / members of the executive board shall not participate in any branch of the vertically integrated undertaking performing functions of generation or supply for a period of not less than 3 years. 9. The chief executive officer / members of the executive board shall not hold any interest in or receive any compensation from any undertaking of the vertically integrated company other than the transmission system operator. His/their remuneration shall in no part depend on activities of the vertically integrated undertaking other than those of the transmission system operator. 10. The chief executive officer or the members of the executive board of the transmission system operator may not bear responsibility, directly or indirectly, for the day-to-day operation of any other branch of the vertically integrated undertaking. 11. Without prejudice to the provisions above, the transmission system operator shall have effective decision-making rights, independent from the integrated electricity undertaking, with respect to assets necessary to operate, maintain or develop the network. This should not prevent 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 22c, 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 transmission 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 transmission lines, that do not exceed the terms of the approved financial plan, or any equivalent instrument. III. Supervisory board / Board of directors 12. Chairmen of the supervisory board/board of directors of the transmission system operator shall not participate in any branch of the vertically integrated undertaking performing functions of generation or supply. 13. The supervisory boards / boards of directors of transmission system operator shall include also independent members, appointed for a term of at least 5 years. Their appointment shall be notified to the national regulatory authority/ or any other competent national public authority and become binding under the conditions described in paragraph 6. 14. For the purpose of paragraph 13, a member of the supervisory board / board of directors of a transmission system operator shall be deemed independent if he is free of any business, or other relationship with the vertically integrated undertaking, its controlling shareholders or the management of either, that creates a conflict of interest, in particular: (a) has not been an employee of any branch of the vertically integrated undertaking performing functions of generation and supply in five years prior to their appointment as a member supervisory board / board of directors; (b) does not hold any interest in and does not receive any compensation from the vertically integrated undertaking or any of its affiliates except the transmission system operator; (c) does not hold any relevant business relationship with any branch of the vertically integrated company performing functions of energy supply during his/her appointment as a member supervisory board / board of directors; (d) is not a member of the executive board of a company in which the vertically integrated undertaking appoints members of the supervisory board / board of directors. IV. Compliance officer 15. Member States shall ensure that transmission system operators establish and implement a compliance programme which sets out measures to be taken to ensure that discriminatory conduct is excluded. The programme shall also set out specific obligations of employees of the transmission system operator to meet this objective. The programme shall be subject to approval of the national regulatory authority or any other competent national public authority. Compliance of the program shall be independently monitored by the compliance officer. The national regulatory authority shall have the power to impose sanctions in case of inappropriate implementation of the compliance program by the transmission system operator. 16. The chief executive officer / executive board of the transmission system operator shall appoint a person or a body in a function of a compliance officer who shall be responsible for : (a) monitoring the implementation of the compliance programme; (b) elaborating an annual report, setting out the measures taken in order to implement the compliance programme and submitting it to the national regulatory authority; (c) issuing recommendations on the compliance programme and its implementation. 17. The independence of the compliance officer shall be guaranteed in particular by the terms of his/her employment contract 18. The compliance officer shall have the opportunity to regularly address the supervisory board/board of directors of the transmission system operator and of the vertically integrated undertaking and the national regulatory authorities. 19. The compliance officer shall participate at all meetings of the supervisory board / board of directors of the transmission system operator that address the following issues: (a) conditions for access and connection to the grid, including the collection of access charges, congestion rents, and payments under the inter transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No 1228/2003; (b) projects undertaken in order to operate, maintain and develop the transmission grid system, including interconnection and connection investments; (c) balancing rules, including reserve power rules; (d) energy purchases in order to cover energy losses. 20. During these meetings, the compliance officer shall prevent information about generation or supply activities which may be commercially advantageous from being disclosed in a discriminatory manner to the supervisory board/board of directors. 21. The compliance officer shall have access to all relevant books, records and offices of the transmission system operator and to all necessary information for the proper fulfilment of the tasks. 22. The compliance officer shall be nominated and removed by the chief executive officer / executive board only after prior approval by the national regulatory authority."
2008/04/11
Committee: ITRE
Amendment 282 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 6 g (new)
Directive 2003/54/EC
Article 9 –paragraphs 1a to 1 k (new)
(6g) In Article 9, the following paragraphs shall be inserted: "Transmission system operators shall elaborate a 10-year network development plan at least every two years. They shall provide efficient measures in order to guarantee system adequacy and security of supply. The 10-year network development plan shall in particular : a) indicate to market participants the main transmission infrastructures that ought to be built over the next ten years, b) contain all the investments already decided and identify new investments for which an implementation decision has to be taken in the next three years. In order to elaborate this 10-year network development plan, each transmission system operator shall make reasonable hypothesis about the evolution of generation, consumption and exchanges with other countries, and shall take into account regional and European-wide existing network investment plans. Transmission system operators shall submit in due time the draft of this plan to the competent national body. The competent national body shall consult all relevant network users on the basis of such draft in an open and transparent manner and may publish the result of the consultation process, in particular possible needs for investments. The competent national body shall examine whether the draft 10-year network development plan covers all investment needs identified in the consultation. The competent national body may oblige the transmission system operator to amend its draft of the plan. Competent national body may be the national regulatory authority, any other competent national public authority or a network development trustee constituted by transmission system operators. In the latter case, transmission system operators shall submit the drafts of the statutes, the list of members and of the rules of procedure to the approval of the competent national public authority. If the transmission system operator rejects to implement a specific investment listed in the 10-year network development plan to be executed in the next three years, Members States shall ensure that the national regulatory authority or any other competent national public authority have the competence to take one of the following measures: a) request by all legal means the transmission system operator to execute its investment obligations by using its financial capacities or, b) invite independent investors to participate in a tender for necessary investment in a transmission system and may at the same time oblige the transmission system operator: (i) to agree to financing by any third party, (ii) to agree to building by any third party or to build the respective new assets and (iii) to operate the respective new asset. The relevant financial arrangements shall be subject to the approval of the national regulatory authority or any other competent national public authority. In both cases, tariff regulation shall allow for revenues that cover the costs of such investments. Competent national public authority shall monitor and evaluate the implementation of the investment plan. Transmission system operators shall be obliged to establish and publish transparent and efficient procedures for non-discriminatory connection of new power plants to the grid. Those procedures shall be subject to the approval of national regulatory authorities or any other competent national public authority Transmission system operators shall not be entitled to refuse the connection of a new power plant on the grounds of possible future limitations to available network capacities, e.g. congestion in distant parts of the transmission grid. The transmission system operator shall be obliged to supply necessary information. Transmission system operators shall not be entitled to refuse a new connection point on the sole ground that it will lead to additional costs linked with necessary capacity increase of grid elements in the close-up range to the connection point."
2008/04/11
Committee: ITRE
Amendment 551 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 15
Directive 2003/54/EC
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.
2008/03/19
Committee: ITRE
Amendment 559 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 15
Directive 2003/54/EC
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.
2008/03/19
Committee: ITRE
Amendment 566 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 15
Directive 2003/54/EC
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.
2008/03/19
Committee: ITRE