23 Amendments of Antolín SÁNCHEZ PRESEDO related to 2007/0197(COD)
Amendment 21 #
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing an Agency for the Cooperation of Energy Regulators European Energy Regulators Agency (This amendment applies throughout the text, and if it is adopted, the requisite changes will have to be made throughout)
Amendment 22 #
Proposal for a regulation
Recital 4
Recital 4
(4) The European Council in the spring of 2007 invited the Commission to propose measures to set up an independent mechanism for national regulators to co- operateenergy-regulating bodies to cooperate with each other and take decisions on important cross-border issues.
Amendment 23 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) So as to achieve the objectives of the energy policy for Europe, the Member States need to cooperate closely and eliminate obstacles to cross-border exchanges. Providing themselves with an independent instrument to plug the existing gap meets the double objective of incorporating the European perspective in the national regulatory authorities’ exercise of their powers, and of contributing to the effectiveness of the Community principles of equal treatment, fair conditions of access to the trans- European networks for transporting gas and electricity, and the smooth running of the internal market. The European Energy Regulators Agency is to be established as an organisation so that the national regulatory authorities can step up their cooperation from a European perspective and participate, on common bases, in the exercise of Europe-related functions.
Amendment 26 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Agency should ensure that regulatory functions performed at national level by the national regulatory authorities in accordance with Directive 2003/54/EC and Directive 2003/55/EC are properly coordinated and, where necessary, completed at the Community level. To that end, it is necessary to guarantee the independence of the Agency, its technical and regulatory capacities and its members, its technical capacity and its capacity for regulatory development and its transparency, democratic control and efficiency.
Amendment 31 #
Proposal for a regulation
Recital 8
Recital 8
(8) It is appropriate to provide an integrated framework within which national regulatory authorities are able to participate and cooperate. This framework should facilitate the uniform application of the legislation on the internal market for electricity and gas throughout the Community. As regards situations concerning more than one Member State, the Agency should be granted the power to adopt individual decisions. This power should cover the regulatory regime for infrastructure connecting at least two Member States, exemptions from the internal market rules for new electricity interconnectors and new gas infrastructures located in more than one Member State.
Amendment 33 #
Proposal for a regulation
Recital 9
Recital 9
(9) Since the Agency has an overview of the national regulatory authorities and other sources, it should have an advisory role towards the Commission, the other institutions of the European Union and the national regulatory authorities of at least two Member States as regards market regulation issues. It should also be required to inform the Commission where it finds that the cooperation between transmission system operators does not produce the results which are needed or that a national regulatory authority whose decision has violated guidelines is not willing to comply with the Agency’s opinion.
Amendment 35 #
Proposal for a regulation
Recital 10
Recital 10
(10) The Agency should also be able to issue non-bindingdraw up documents listing good practice and issue guidelines to assist regulatory authorities, transport network managers and market players in sharing good practices and have guidelines for acting in keeping with Community principles within the framework of the energy policy for Europe.
Amendment 39 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Agency should have the necessary powers to perform the regulatory functions in an efficient, transparent, well- founded and reasoned and above all independent manner. The independence of regulatory authorities is not only a key principle of good governance but also and a fundamental condition to ensure market confidence. Reflecting the situation on a national and Community level, the Board of Regulators and its members should therefore act independently from any market interest or conflict of interests and shall not seek or take instructions or recommendations from any government or other public or private entity.
Amendment 42 #
Proposal for a regulation
Recital 14
Recital 14
(14) Where the Agency has decision- making powers, interested parties should, for reasons of procedural economy, be granted a right of appeal to a Board of Appeal, which should be part of the Agency, but independent from its administrative and regulatory structure. The final decisions should be susceptible of being appealed against in the Court of Justice of the European Communities.
Amendment 43 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Agency should apply the general rules regarding public access to documents held by Community bodies. The Administrative board should approve the protocols and should establish the practical measures to protect commercially sensitive data and personal data.
Amendment 45 #
Proposal for a regulation
Recital 19
Recital 19
(19) Since the objectives of the proposed action, the participation and cooperation of national regulatory authorities at Community level, cannot be sufficiently achieved by the Member States and can therefore, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set outenshrined in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives in question,
Amendment 55 #
Proposal for a regulation
Article 4 – point (c) a (new)
Article 4 – point (c) a (new)
(ca) draw up documents listing good practice and adopt guidelines in accordance with the provisions of Articles 6 and 7;
Amendment 56 #
Proposal for a regulation
Article 4 – point (d)
Article 4 – point (d)
(d) take individual decisions in specific cases referred to in Articles 6, 7 and 8.
Amendment 59 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
5a. The Agency shall maintain an open, transparent and regular dialogue with the organisations which represent existing interests in the sector, and shall consult the interested parties prior to the adoption of all documents concerning them.
Amendment 68 #
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
6a. The Agency shall, in keeping with its programme of work, or if asked to do so by the Commission, shall draw up documents listing good practices and adopt guidelines that contain guidelines for protecting the principles of non- discrimination, effective competition and efficient operation of the market when drawing up technical and commercial codes, the draft annual programme of work or the draft 10-year investment plan; the guidelines shall be non-binding, except when they have been endorsed by the appropriate regulatory procedure.
Amendment 69 #
Proposal for a regulation
Article 6 – paragraph 6 b (new)
Article 6 – paragraph 6 b (new)
6b. The Agency shall supervise the application of the guidelines it adopts in connection with the previous paragraph, and shall - on its own initiative, at the request of the Commission or of a competent authority, or at the request of an interested operator - be able to adopt decisions in order to put on record whether those for whom they were destined have put them into effect.
Amendment 72 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Agency may, in accordance with its work programme or at the request of the Commission, adopt non-binding guidelinesshall draw up documents listing good practice to assist regulatory authorities and market players in sharing good practicwithin the framework of the energy policy for Europe. It shall also be able to adopt guidelines that contain guidelines for protecting the principles of non- discrimination, effective competition and efficient operation of the market when drawing up technical and commercial codes, the draft annual programme of work or the draft 10-year investment plan; the guidelines shall be non-binding, except when they have been endorsed by the appropriate regulatory procedure.
Amendment 77 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The Agency may carry out other tasks on behalf of the Commission or the national regulatory authorities, when such tasks are susceptible of being entrusted to it, and shall do so within the terms set out in the document empowering it to carry out the tasks in question.
Amendment 79 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Administrative Board shall be composed of twelveeight members. SixTwo shall be appointed by the Commission, and six by the Council. The term of office shall be five years, renewable once. Half the members of the Board shall be replaced every two and a half years; when this replacement is made, an appropriate gender-mainstreaming approach shall be taken, and the presence of nationals from the various Member States ensured over time; the first replacement will be carried out by lot on a proportional basis between members appointed by the Council and the Commission
Amendment 83 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The members of the Administrative Board shall act independently, and shall abstain from any acts incompatible with the nature of their duties, submitting on an annual basis documentary proof, in the shape of a signed declaration, that there are no conflicts of interest with the Agency’s activities.
Amendment 101 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Agency shall be managed by its Director, who shall act independently in the exercise of his functions shall act independently and in accordance with the decisions of the Board of Regulators. Without prejudice to the respective powers of the Commission, the Administrative Board and the Board of Regulators, the Director shall not seek or accept any instruction or recommendation from any government or from any public or private body.
Amendment 102 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Director shall be appointed by the Administrative Board, on the basis of merit as well as skills and experience, from a list of at least two candidates stated to be suitable by the relevant European Parliament Committee from among minimum of three proposed by the Commission, following a call for expression of interest. Before appointmTo this entd, the candidate selected by the Administrative Board mays proposed shall be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members.
Amendment 126 #
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Review The Regulatory Board shall, with regard to evaluations of the Agency, submit review proposals. The first review proposal shall specifically assess whether the Agency should be abolished and replaced by an alternative, independent mechanism.