[ParlTrack]

Proposal for a regulation
Recital 1

(1) It is important to ensure that consumers and other market participants can have confidence in the integrity of wholesale electricity and gas markets and that prices set on such wholesale energy markets reflect a fair interplay between supply and demand.

2011/04/27
Committee: ITRE

Konrad SZYMAŃSKI

Proposal for a regulation
Recital 18

(18) Where information is not commercially sensitive, the Agency should be able to make that information available to market participants and the wider public~~. S~~ provided such transparency (a) can help build confidence in the market and help the development of knowledge about the functioning of wholesale energy markets and (b) will not have and adverse impact upon market liquidity or the commercial interests of market participants.

2011/04/27
Committee: ITRE

Konrad SZYMAŃSKI

Proposal for a regulation
Article 3 – paragraph 3 a (new)

3a. Where an emergency has been declared under point (c) of Article 10(3) of Regulation (EU) No 994/2010, market participants acting in accordance with defined responsibilities and defined Emergency Plans shall not be deemed to be violating this Article and be subject to penalties defined in accordance with Article 13.

2011/04/27
Committee: ITRE

Konrad SZYMAŃSKI

Proposal for a regulation
Article 5 – paragraph 1

1. In order to take account of future developments on wholesale energy markets~~, the Commission shall~~ and ensure coherence with other relevant EU legislation in the fields of financial services and energy, the Commission shall, based on stakeholder consultation and a duly carried out impact assessment, where appropriate, adopt delegated acts in accordance with Article 15 and subject to conditions of Articles 16 and 17, specifying the definitions set out at Article 2(1) to (5).

2011/05/05
Committee: ITRE

Konrad SZYMAŃSKI

Proposal for a regulation
Article 5 – paragraph 2 – point a

(a) the difference in characteristics of natural gas and electricity, the specific functioning of wholesale energy markets and the interaction between commodity markets and derivative markets;

2011/05/05
Committee: ITRE

Konrad SZYMAŃSKI

Proposal for a regulation
Article 5 a (new)

Article 5a Authorisation of market participants 1. Each Member State shall require that the performance of market participants, in the absence of an authorisation as investment firm under Directive 2004/39/EC, be subject to prior authorisation. 2. Member States shall establish a register of all market participants authorised in accordance with this Regulation. This register shall be publicly accessible. It shall be updated on a regular basis. 3. The authorisation shall be valid throughout the Union and shall allow a market participant to provide the services or perform the activities, for which it has been authorised, throughout the Union, either through the establishment of a branch or the free provision of services. A host Member State may not require any local establishment or the presence of local personnel. 4. The competent authority shall not grant authorisation to a market participant unless and until such time as it is fully satisfied that the market participant complies with all requirements under the delegated acts adopted pursuant to paragraph 9 of this Article. Member States shall ensure: (a) the existence of legal entity; (b) that board members have no criminal record; (c) that the applicant has the technical, financial and organisational capacity to fulfil its regulatory duties; Member States shall ensure that the competent authorities monitor the activities of market participants so as to assess compliance with the operating conditions provided for in this Regulation. 5. The issuing competent authority may withdraw the authorisation by giving 30 days’ notice in writing to a market participant who: (a) has been proven to have obtained the authorisation by making false statements or by any other irregular means; or (b) no longer meets, and has failed to rectify within 30 days, the conditions under which authorisation was granted; or (c) has been proven to seriously and systematically infringe the operation conditions for market participants provided for this Regulation. 6. Member States shall ensure that any market participant authorised and supervised by the competent authorities of another Member State in accordance with this Regulation may freely trade energy on the wholesale market within their territories. Member States shall not impose any additional requirements on such a market participant in respect of the matters covered by this Regulation. In particular, they may not: (a) impose additional national licensing requirements; (b) levy national regulation fees (one-time or recurring) from wholesale energy market participants companies; (c) impose national reporting obligations to report transactions/statement of accounts or maintain records is admissible, except as provided for in this Regulation; (d) require different national activity reports in host Member States; (e) approve grid tariffs which discourage imports and exports; (f) require national exams for wholesale trading; (g) impose supply-related requirements to pure wholesale traders (e.g. requirement to set up customer call centres or metering stations, institute mediation services for end customers, publish general terms and conditions for the supply of end- customers). 7. The fees for the authorisation may be levied only by the home regulator based on the cost of the licensing process. 8. This Article shall not apply to market participants that trade less than a certain amount of megawatts. 9. The Commission shall adopt delegated acts in accordance with Article 15 and subject to conditions of Articles 16 and 17, in order to determine: (a) the requirements and scope for authorisation; (b) the procedures for granting and refusing requests for authorisation; (c) the conditions for withdrawal; and (d) the threshold for market participants referred to in paragraph 8 (de-minimis rule).

2011/05/05
Committee: ITRE

Konrad SZYMAŃSKI

Proposal for a regulation
Article 7 – paragraph 1

1. The Agency shall be provided with a record of wholesale energy market transactions, including orders to trade. TBased on stakeholder consultation and a duly carried out impact assessment, the Commission shall adopt delegated acts in accordance with Article 15 and subject to conditions of Articles 16 and 17, laying down the timing, form and content in which this information is reported and, where appropriate, defining thresholds for the reporting of transactions as well as specifying types of contracts for which transactions shall be reported. The delegated acts shall: (a) specify the wholesale energy products for which transactions shall be reported; (b) specify the content of the information to be reported which shall at least include the precise identification of the wholesale energy products bought and sold, the price and quantity agreed, the dates and times of execution, the parties to the transaction and the beneficiaries of the transaction; (c) lay down the timing and form (…) in which this information shall be reported; (d) define appropriate thresholds for the reporting of transactions.

2011/05/05
Committee: ITRE

Konrad SZYMAŃSKI

Proposal for a regulation
Article 9 – paragraph 2

2. TSubject to Article 12 the Agency may decide to make publicly available parts of the information which it holds provided that commercially sensitive information on individual market participants or individual transactions ~~is not released~~or individual market places are not disclosed or can be inferred The Agency and any national regulatory authority, with which such information may have been shared by the Agency under Article 8, shall only publish summary or aggregate transactional price information that will benefit the wholesale electricity and gas markets and the publication of which will not create any distortion in competition in any markets concerning electricity and gas or otherwise.

2011/05/05
Committee: ITRE

Konrad SZYMAŃSKI

Proposal for a regulation
Article 12 – paragraph 3

3. Confidential information received by the persons referred to in paragraph 2 in the course of their duties may not be divulged to any other person or authority, except in summary or aggregate form such that an individual market participant or market place or transaction cannot be identified, without prejudice to cases covered by criminal law or the other provisions of this Regulation, or other relevant Union legislation.

2011/05/05
Committee: ITRE

Konrad SZYMAŃSKI

Proposal for a regulation
Article 18 – paragraph 1 a (new)

The provisions of this Regulation requiring delegated acts for their implementation shall enter into force only once these delegated acts enter into force.

2011/05/05
Committee: ITRE

Activities of Konrad SZYMAŃSKI related to 2010/0363(COD)

Plenary speeches (1)

Shadow reports (1)

Amendments (10)

ParlTrack - 2011-2024