Activities of Rebecca HARMS related to 2007/0199(COD)
Plenary speeches (1)
Conditions for access to the natural gas transmission networks - Internal market in natural gas - European strategic energy technology plan (debate)
Amendments (32)
Amendment 38 #
Proposal for a regulation – amending act
Recital 3
Recital 3
(3) However, at present, the right to sell gas in any Member State on equal terms, without discrimination or disadvantage cannot be guaranteed to any company in the Community. In particular, non- discriminatory network access and an equally effective level of regulatory supervision in each Member State do not yet exist. In addition, some regions lack cross-border interconnection capacity which limits market integration.
Amendment 44 #
Proposal for a regulation – amending act
Recital 3 a (new)
Recital 3 a (new)
(3a) A sufficient level of cross-border gas interconnection capacity should be achieved as a first step to integrate markets and to develop a single European Energy market.
Amendment 52 #
Proposal for a regulation – amending act
Recital 8
Recital 8
Amendment 68 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 a
Article 2 a
All transmission system operators shall cooperate at Community level through establishing the European Network of Transmission System Operators for Gas in order to ensure the optimal management, coordinated operation and sound technical evolution of the European gas transmission network. Each transmission system operator shall remain responsible for meeting its obligations under Article 8 of Directive 2003/55/EC. The powers and the tasks of the European Network of Transmission System Operators for Gas shall therefore be limited to those activities of transmission system operators which require coordination and harmonisation throughout the internal gas market.
Amendment 75 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 b – paragraph 1
Article 2 b – paragraph 1
1. By […] at the latest the transmission system operators for electricity shall submit to the Commission and to the Agency the draft of statutes, a list of future members and draft rules of procedure, including the rules of procedure on the consultation of other stakeholders, of the European Network for Transmission System Operators for Electricity to be established.
Amendment 77 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 b – paragraph 2
Article 2 b – paragraph 2
2. Within six weeks from receipt, the Agency, after consulting system users and customers, shall provide an opinion to the Commission on the draft statutes, list of members and draft rules of procedure.
Amendment 79 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 b – paragraph 3
Article 2 b – paragraph 3
3. The Commission shall deliver an opinion, taking into account the opinion of the Agency delivered under paragraph 2, on the draft statutes, list of members and draft rules of procedure within three months from the receipt of the opinion of the Agency.
Amendment 83 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 1
Article 2 c – paragraph 1
1. The European Network of Transmission System Operators for Gas shall adopt: (a) technical and marketprepare and submit to the Agency for approval following the procedure provided for in Article 2e in conjunction with Article X of Regulation (EC) No … establishing the Agency for the Cooperation of Energy Regulators: (a) draft technical codes in the areas mentioned in paragraph 3; (b) common network operation tools and research plans; (c) a 10-year investment plan every two years; , including a demand side management outlook; (d) an annual work programme; (e) an annual report; (f) annual summer and winter supply outlooks.
Amendment 97 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 2
Article 2 c – paragraph 2
2. The annual work programme referred to in paragraph 1(d) shall contain a list and description of the technical and market codes, a plan on coordination of operation of the network and research and development activities, to be drawn up in that year and an indicative calendar.
Amendment 100 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 3
Article 2 c – paragraph 3
3. The detailed draft technical and market codes shall cover the following areas, according to the priorities defined in the annual work programme: (a) security and reliability rules; (b) grid connection and access rules; (c) data exchange and settlement rules; (d) interoperability rules; (e)operational procedures in an emergency; (f) cross border capacity allocation and congestion management rules; (g) rules for trading; (h) transparency rules; (i) balancing rules including rules on nomination procedures, rules for imbalance charges and rules for operational balancing between transmission system operator systems; (j) rules regarding harmonised transportation tariff; (k; (g) transparency rules; (h) energy efficiency regarding gas networks.
Amendment 108 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 4
Article 2 c – paragraph 4
Amendment 111 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 5
Article 2 c – paragraph 5
5. The European Network of Transmission System Operators for Gas shall publish a Community-wide 10-year network investment plan every two years following approval by the Agency. The investment plan shall include the modelling of the integrated network, - taking into account storage and LNG facilities - scenario development, a supply and demand adequacy report and an assessment of the resilience of the system. The investment plan shall, in particular, buil, technical and economical feasibility of expansion projects and an assessment of the resilience of the system. In carrying out these tasks the European Network of Transmission System Operators for Gas shall consult with suppliers, producers, storage system operators, LNG system operators and relevant customers. The investment plan shall, in particular, build on detailed gas demand forecast for the different gas uses like heating, power production and industrial processes and on national investment plans and on the Guidelines for Trans-European energy networks in accordance with Decision No 1364/2006/EC of the European Parliament and of the Council. The investment plan shall identify investment gaps, notably with respect to cross border capacities.
Amendment 122 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 5 a (new)
Article 2 c – paragraph 5 a (new)
5a. The investment plan shall identify investment gaps, notably with respect to cross border transmission capacity. For the investment gaps identified, the European Network of Transmission System Operators for Gas shall identify concrete investment projects which best address the investment gaps. For each investment project a detailed technical and commercial feasibility study shall be carried out and submitted to the Agency. All relevant natural gas undertakings, including, without limitations, transmission system operators, LNG system operators, storage system operators, distribution system operators, supply undertakings, traders producers and relevant customers, shall, within a reasonable period, make available to the European Network of Transmission System Operators for Gas, upon written request, the data required for drawing up the 10-year investment plan, especially with regard to assessing existing and potential capacity bottlenecks. The Agency shall review and approve the 10-year investment plan and the proposed investment projects. Based on the approved 10-year investment plan, the Transmission System Operators shall implement the investment projects identified. In case a Transmission System Operator does not satisfy the investment needs within a reasonable period of time, the Agency may initiate a tender for the investment.
Amendment 126 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 6
Article 2 c – paragraph 6
Amendment 133 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 d – paragraph 2
Article 2 d – paragraph 2
2. The European Network of Transmission System Operators for Gas shall submit the draft technical and market codes, the draft 10-year investment plan and the draft annual work programme, including the information regarding the consultation process, to the Agency. The Agency may provide an opinion to the European Networks of Transmission System Operators for Gas within 3 months. The Agency shall provide a duly justified opinion to the Commission where it considers that the draft annual work programme or the draft 10-year investment plan do not ensure non- discrimination, effective competition and the efficient functioning of the market for approval to the Agency. The Agency shall approve the documents provided for in Article 2c(1)(a) – (f) prepared by the European Network of Transmission System Operators for Gas.
Amendment 141 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 d a (new)
Article 2 d a (new)
Amendment 142 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e
Article 2 e
Amendment 161 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e a (new)
Article 2 e a (new)
Article 2ea Development of market codes 1. On adoption of the guidelines in accordance with Article 2da, the Agency shall develop within no more than six months draft market codes, fully complying with the principles established in the guidelines. 2. In the drafting of these codes, the Agency shall consult extensively in an open and transparent manner and shall keep all relevant stakeholders informed. 3. On the basis of the consultation, the Agency shall finalise and adopt the draft market codes. It shall make public all observations received and explain how they have been taken into consideration in the final draft of the guidelines or justify their rejection. 4. The Agency, as its own initiative or upon request of the European Parliament, may initiate the same procedure for the revision of the existing codes .
Amendment 165 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 f
Article 2 f
Amendment 175 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 g
Article 2 g
The costs related with the activities of the European Network of Transmission System Operators for Gas mentioned in Articles 2a to 2h shall be borne by the transmission system operators and shall be taken into account in the calculation of tariffs. Regulatory authorities shall approve these costs only if they are reasonable and proportionate.
Amendment 176 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 h
Article 2 h
Amendment 194 #
Proposal for a regulation – amending act
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Regulation (EC) No 1775/2005
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Amendment 196 #
Proposal for a regulation – amending act
Article 1 – point 3 b (new)
Article 1 – point 3 b (new)
Regulation (EC) No 1775/2005
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Amendment 198 #
Proposal for a regulation – amending act
Article 1 – point 4 a (new)
Article 1 – point 4 a (new)
Regulation (EC) No 1775/2005
Article 3 – paragraph 1 – subparagraph 4 a (new)
Article 3 – paragraph 1 – subparagraph 4 a (new)
Amendment 207 #
Proposal for a regulation – amending act
Article 1 – point 7 – point b a (new)
Article 1 – point 7 – point b a (new)
Regulation (EC) No 1775/2005
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
(ba) In Article 5, the following paragraph is inserted: "3a. When capacity contracted under existing transportation contracts remains unused and contractual congestion occurs, paragraph 3 shall apply unless this would infringe the requirements of the existing transportation contracts. Where this would infringe the existing transportation contracts, transmission system operators shall, following consultation with the competent authorities, submit a request to the network user for the use on the secondary market of unused capacity in accordance with paragraph 3."
Amendment 210 #
Proposal for a regulation – amending act
Article 1 – point 7 – point d a (new)
Article 1 – point 7 – point d a (new)
Regulation (EC) No 1775/2005
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
(da) The following paragraph 6a is added: "6a. In the event of a long-term physical congestion, transmission system operators shall apply long-term congestion management by sorting out congestion through adding new capacities according to market demand. In order to assess the market demand transmission system operators shall undertake open season procedures."
Amendment 213 #
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1775/2005
Article 5 a – paragraph 1
Article 5 a – paragraph 1
1. The maximum storage and LNG facility capacity shall be made available to market participants, taking into account system integrity and operation based on ex-ante regulated access to all gas storage in the EU taking duly into account the geological specificities of the storage sites and the multiple functions of storage as security of supply and market facilitation.
Amendment 215 #
Proposal for a regulation – amending act
Article 1 – point 9 – point a a (new)
Article 1 – point 9 – point a a (new)
Regulation (EC) No 1775/2005
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
(aa) the following paragraph 4a is inserted: 4a. Where a transmission system operator considers that it is not entitled for confidentiality reasons to make public all the data required, it shall seek the authorisation of the competent authorities to limit publication with respect to the point or points in question. The competent authorities shall grant or refuse the authorisation on a case by case basis, taking into account in particular the need to respect legitimate commercial confidentiality and the objective of creating a competitive internal gas market. If the authorisation is granted, available capacity shall be published without indicating the numerical data that would contravene confidentiality. No such authorisation as referred to in this paragraph shall be granted where two or more network users have contracted capacity at the same point.
Amendment 225 #
Proposal for a regulation – amending act
Article 1 – point 9 – point c
Article 1 – point 9 – point c
Regulation (EC) No 1775/2005
Article 6 – paragraph 7 – subparagraph 1
Article 6 – paragraph 7 – subparagraph 1
"7. Transmission system operators shall make public on an ex-ante and ex-post supply and demand information, based on nominations, forecasts and realised flows in and out of the system. The level of detail of the information that is made public shall reflect the information available to the transmission system operator. daily basis, and in real time, if changes occur, information on a numerical basis for each relevant entry and exit point, for: (a) maximum technically available capacity, (b) commercially available and booked (or contracted) capacity, (c) maintenance schedules and planned outages. Each transmission system operator shall make public information on a numerical basis for each relevant entry and exit point: (a) the daily gas flows, including interruptions to those flows, on an ex post basis, no later than one day after the end of the relevant gas day, (b) the historic daily gas flows, including interruptions to those flows, for the past [ten years] on a rolling basis, (c) notify each relevant shipper, daily allocation information, on an ex post basis, not later than one day after the end of the relevant gas day. Each transmission system operator shall make public information on a numerical basis, for each interconnection point: (a) daily aggregate upstream gas flows, on an ex post basis, no later than one day after the end of the relevant gas, (b) daily historic daily aggregate upstream gas flows, for the past [ten years] on a rolling basis. Each transmission system operator shall make public on a numerical basis daily aggregate demand forecasts for each relevant balancing zone, on an ex ante basis, no later than the beginning of the preceding relevant gas day. Each transmission operator shall make public, in real time, the imbalance charge for each relevant balancing period. Each transmission system operator shall provide each relevant shipper, in each balancing period, preliminary imbalance and cost data, at least one month after the end of the balancing period, with final data provided within three months, but no later than one year after the end of the balancing period. Each transmission system operator shall make public, on an ex post basis no later than one day after the end of the relevant gas day, daily aggregate linepack information (including historic information for the last [10] years). Each transmission system operator shall make public, on an ex ante basis, daily aggregate linepack forecasts for the end of each relevant gas day. Each transmission system operator shall make public the calculation method for imbalance quantity and charges. Updates shall be provided promptly by each transmission system operator where there are any changes to the relevant information. Each transmission system operator shall make public information relating to the basis upon which a supply emergency is declared including the procedures for doing so. Updates shall be provided promptly by each transmission system operator where there are any changes to the relevant information. Each transmission system operator shall make public a full specification of the gas quality parameters applicable to the system and the procedures and rules (including any associated costs) for the treatment of any gas that is not within the specified parameters. Updates shall be provided promptly by each transmission system operator where there are any changes to the relevant information. Each transmission system operator shall make public information on the daily actual measured values of key gas quality parameters, on an ex post basis, no later than three days after the end of the relevant gas day. Each transmission system operator shall make public any Operational Balancing Agreements and Interconnection Agreements (or other equivalent agreements) that set out provisions in relation to gas flow allocations (including methods used) and related information. Updates shall be provided promptly by each transmission system operator where there are any changes to the relevant information. Each transmission system operator shall provide a secure web based capacity booking and nomination system for network users. The requirements outlined in this paragraph shall be provided at no additional charge, in an internet based, user friendly and transparent basis, accessible to all network users (including potential network users).
Amendment 239 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 1775/2005
Article 6 a – paragraph 4 a (new)
Article 6 a – paragraph 4 a (new)
4a. Where a LNG and/or storage system operator considers that it is not entitled for confidentiality reasons to make public all the data required, it shall seek the authorisation of the competent authorities to limit publication with respect to the point or points in question. The competent authorities shall grant or refuse the authorisation on a case by case basis, taking into account in particular the need to respect legitimate commercial confidentiality and the objective of creating a competitive internal gas market. If the authorisation is granted, available storage and/or LNG facility capacity shall be published without indicating the numerical data that would contravene confidentiality.
Amendment 255 #
Proposal for a regulation – amending act
Article 1 – point 13
Article 1 – point 13
Regulation (EC) No 1775/2005
Article 8a – paragraph 2 a (new)
Article 8a – paragraph 2 a (new)
These rules shall include decoupling of revenue of Distribution Entities and their staff with the energy sold to the final consumers
Amendment 271 #
Proposal for a regulation – amending act
Article 1 – point 14 a (new)
Article 1 – point 14 a (new)
Regulation (EC) No 1775/2005
Article 13 – paragraph 1
Article 13 – paragraph 1