BETA

38 Amendments of Angelika NIEBLER related to 2007/0195(COD)

Paul RÜBIG, Herbert REUL, Angelika NIEBLER

Proposal for a directive – amending act
Recital 12

(12) The implementation of effective unbundling should respect the principle of non-discrimination between the public and private sectors. To this effect, the same person should not be able to exercise any influence, solely or jointly, over the composition, voting or decision of the bodies of both transmission system operators and supply undertakings. Provided that the Member State in question can demonstrate that this requirement is respected, two distinct public bodies could control on the one hand generation and supply activities and on the other transmission activities.

2008/03/17
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Recital 12

(12) The implementation of effective unbundling should respect the principle of non-discrimination between the public and private sectors. To this effect, the same person should not be able to exercise any influence, solely or jointly, over the composition, voting or decision of the bodies of both transmission system operators and supply undertakings. Provided that the Member State in question can demonstrate that this requirement is respected, two distinct public bodies could control on the one hand generation and supply activities and on the other transmission activities. In case a vertical integration is maintained through a Member State being in control of both the transmission system operator and undertakings performing the generation or supply activities, effective legal unbundling requirements should remain obligatory for such entities.

2008/03/17
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Recital 15

(15) Non discriminatory access to the distribution network determines downstream access to customers at retail level. The scope for discrimination as regards third party access and investment is however less significant at distribution level than at transmission level because at distribution level congestion and the influence of generation interests are generally less important than at transmission level. Distribution systems should therefore remain explicitly exempt from the provisions of this Directive. Moreover, functional unbundling of distribution system operators became, according to Directive 2003/54 compulsory only as of 1 July 2007 and its effects on the internal market still need to be evaluated. The rules on legal and functional unbundling currently in place can lead to effective unbundling provided they are more clearly defined, properly implemented and closely monitored. To create a level playing field at retail level, the activities of distribution system operators should therefore be monitored so that they are prevented from taking advantage of their vertical integration as regards their competitive position on the market, in particular in relation to small domestic and non- domestic customers.

2008/03/17
Committee: ITRE

Angelika NIEBLER, Herbert REUL, Werner LANGEN

Recital 21

(21) Non discriminatory access to the distribution network determines downstream access to customers at retail level. The scope for discrimination as regards third-party access and investment, however, is less significant at distribution level than at transmission level where congestion and the influence of generation or supply interests are generally greater than at distribution level. Moreover, legal and functional unbundling of distribution system operators was required, pursuant to Directive 2003/54/EC, only from 1 July 2007 and its effects on the internal market in electricity still need to be evaluated. The rules on legal and functional unbundling currently in place can lead to effective unbundling provided they are more clearly defined, properly implemented and closely monitored. To create a level playing field at retail level, the activities of distribution system operators should therefore be monitored so that they are prevented from taking advantage of their vertical integration as regards their competitive position on the market, in particular in relation to household and small non-household customers. Attention should be paid to the limited staff and financial resources of small distribution system operators when taking regulatory action.

2009/03/11
Committee: ITRE

Angelika NIEBLER, Herbert REUL

Recital 23

(23) Efficient small distribution system operators play a significant role in widening the range of suppliers and bringing the supply of European electricity closer to the citizen. Independent decentralised structures enhance competition and the quality of supply. To avoid imposing any future disproportionate financial and administrative burden on ~~small distribution system operators, Member States should be able~~these structures, Member States should be able to allow them some regulatory leeway and, where necessary, to exempt such companies from the legal distribution unbundling requirements.

2009/03/11
Committee: ITRE

Angelika NIEBLER, Herbert REUL, Werner LANGEN

Recital 24

(24) Authorisation procedures should not lead to an administrative burden disproportionate to the size and potential impact of electricity producers and distribution companies.

2009/03/11
Committee: ITRE

Angelika NIEBLER, Herbert REUL, Werner LANGEN

Article 2 – point 34 a (new)

34a. 'industrial site' means a privately owned geographical area with a power grid which is primarily designed to supply industrial consumers in that area;

2009/03/11
Committee: ITRE

Angelika NIEBLER, Herbert REUL, Werner LANGEN

Article 2 – point 34 b (new)

34b. 'transport infrastructure site' means a geographical area owned by a transport infrastructure company with a power grid which is primarily operated with the purpose of facilitating the operation of the transport infrastructure;

2009/03/11
Committee: ITRE

Angelika NIEBLER, Herbert REUL, Werner LANGEN

Article 2 – point 34 c (new)

34c. 'site network' means a geographically connected area with a power grid that is designed to supply a predetermined number of end users in that area, and serves either predominantly to meet these end users' own needs or to facilitate the pursuit of a primary commercial purpose in that area;

2009/03/11
Committee: ITRE

Angelika NIEBLER

Article 14 – paragraph 3

3. The Commission may adopt guidelines to ensure full and effective compliance of the transmission system owner with paragraph 2 of this Article. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 46(2).deleted

2009/03/11
Committee: ITRE

Angelika NIEBLER

Article 17 – paragraph 1 – point c

(c) leasing of personnel and rendering of services, tofrom and ~~from~~to any ~~other parts~~branch of the vertically integrated undertaking ~~shall be prohibited. A transmission system operator may, however, render services to the vertically integrated undertaking as long as: (i) the provision of those services does~~performing functions of generation or supply, shall be limited to cases with not discriminate between system users, is available to all system users on the same terms and conditions and does not restrict, distort or prevent competition in generation or supply; and (ii) the terms and conditions of the provision of those services are approved by the regulatory authorityory potential and be subject to approval by national regulatory authorities in order to exclude competition concerns and conflicts of interest;

2009/03/11
Committee: ITRE

Angelika NIEBLER

Article 17 – paragraph 1 – point d

(d) ~~without prejudice to the decisions of the Supervisory Body under Article 20,~~ appropriate financial resources for future investment projects and/or for the replacement of existing assets shall be ~~made~~kept available ~~to the transmission system operator in due time~~notably by the vertically integrated undertaking following an appropriate request from the transmission system operator in the framework of the annual financial plan referred to in Article 20.

2009/03/11
Committee: ITRE

Angelika NIEBLER, Werner LANGEN

Article 17 – paragraph 2 – point h

(h) all significant corporate services, that involve economically sensitive information and could therefore have an impact on competition, including legal services, accountancy and IT services.

2009/03/11
Committee: ITRE

Angelika NIEBLER, Werner LANGEN

Article 19 – paragraph 3 – subparagraph 1

3. No professional position or responsibility, interest or business relationship, directly or indirectly, with the ~~vertically integrated undertaking or any part of it or its controlling shareholders other than the transmission system operator~~generation or supply branches of the vertically integrated undertaking shall be exercised for a period of three years before the appointment of the persons responsible for the management and/or members of the administrative bodies of the transmission system operator who are subject to this subparagraph.

2009/03/11
Committee: ITRE

Angelika NIEBLER, Werner LANGEN

Article 19 – paragraph 3 – subparagraph 3

The persons responsible for the management and/or members of the administrative bodies of the transmission system operator, who are not subject to the first subparagraph, shall have exercised no management or other relevant activity in the generation or supply branches of the vertically integrated undertaking for a period of at least six months before their appointment.

2009/03/11
Committee: ITRE

Angelika NIEBLER, Werner LANGEN

Article 19 – paragraph 7

7. After termination of their term of office in the transmission system operator, the persons responsible for its management and/or members of its administrative bodies shall have no professional position or responsibility, interest or business relationship with ~~any part~~the generation and electricity supply branches of the vertically integrated undertaking other than the transmission system operator, or with its controlling shareholders for a period of not less than four years.

2009/03/11
Committee: ITRE

Angelika NIEBLER, Herbert REUL, Werner LANGEN

Article 34 – paragraph 5 a (new)

(5a) Paragraphs 4 and 5 shall be without prejudice to the constitutional requirements of the Member State's administrative organisation.

2009/03/11
Committee: ITRE

Angelika NIEBLER, Herbert REUL, Werner LANGEN

Article 44 – paragraph 2 a (new)

(2a) The Member States may exempt industrial sites, transport infrastructure sites and site networks from the provisions of Chapters III, IV, V, VI, and VII. The principle of third-party access shall not be affected by such derogations. Furthermore, the derogations may not interfere with the task of public distribution systems.

2009/03/11
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 2

Directive 2003/54/EC
Article 3 – paragraph 10

2. In Article 3, the following paragraph 10 is added: "10. The Commission may adopt guidelines for the implementation of this Article. This measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3)".deleted

2008/03/17
Committee: ITRE

Herbert REUL, Nicole FONTAINE, Erna HENNICOT-SCHOEPGES, Nikolaos VAKALIS, Angelika NIEBLER, Ján HUDACKÝ, Vladimir URUTCHEV, Werner LANGEN, Paul RÜBIG, Dominique VLASTO

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 b~~1a. 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 f~~r 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 a~~ccess 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

Herbert REUL, Nicole FONTAINE, Erna HENNICOT-SCHOEPGES, Nikolaos VAKALIS, Angelika NIEBLER, Ján HUDACKÝ, Vladimir URUTCHEV, Werner LANGEN, Paul RÜBIG, Dominique VLASTO

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

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 4

Directive 2003/54/EC
Article 8 – paragraph 1 – point (d a) (new)

"(da) the same person or the same persons are not entitled to operate the transmission system via management contract or exercise influence in any other way of non- ownership, and to directly or indirectly exercise control or hold any interest in or exercise any right over an undertaking performing any of the functions of generation or supply."

2008/04/11
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 4

Directive 2003/54/EC
Article 8 – paragraph 6 a-ac (new)

6. Member States shall ensure: (a) that commercially sensitive information referred to in Article 12 held by a transmission system operator which was part of a vertically integrated undertaking, and the staff of such a transmission system operator, are not transferred to undertakings performing any of the functions of generation and supply; (aa) that transmission system operators establish and implement a compliance programme which sets out measures to be taken to ensure that discriminatory conduct is excluded and transparency obligations are respected; the programme shall also set out the specific obligations of employees of the transmission system operator to meet this objective; compliance with these obligations shall be independently monitored by the compliance officer; the national regulatory authority shall have the power to impose sanctions on transmission system operators in case of inappropriate implementation of the compliance program; (ab) that transmission system operators 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) elaborating an annual compliance report and submitting it to the national regulatory authority; (iii) issuing recommendations on the compliance programme and its implementation; (ac) that the independence of the compliance officer is guaranteed, in particular by terms of the employment contract, and that the compliance officer has access to all relevant books, records and offices of the transmission system operators and to all necessary information for the proper fulfilment of the tasks.

2008/04/11
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 4

Directive 2003/54/EC
Article 8 – paragraph 6 a (new)

"6a. Member States shall ensure that the transmission system operator and its shareholders refrain from any activities impairing its financial ability to fulfil its obligations despite efficient network operations (financial ring fencing)."

2008/04/11
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 4

Directive 2003/54/EC
Article 8 – paragraph 6 b (new)

"6b. The Commission may adopt guidelines to ensure full and effective compliance of the transmission system operator with paragraph 6, points (b) and (c). That measure designed to amend the non-essential elements of this Directive, inter alia by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3)."

2008/04/11
Committee: ITRE

Herbert REUL, Nicole FONTAINE, Erna HENNICOT-SCHOEPGES, Nikolaos VAKALIS, Angelika NIEBLER, Ján HUDACKÝ, Vladimir URUTCHEV, Werner LANGEN, Paul RÜBIG, Dominique VLASTO

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

Herbert REUL, Nicole FONTAINE, Erna HENNICOT-SCHOEPGES, Nikolaos VAKALIS, Angelika NIEBLER, Ján HUDACKÝ, Vladimir URUTCHEV, Werner LANGEN, Paul RÜBIG, Dominique VLASTO

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

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 8

Directive 2003/54/EC
Article 10 a – paragraph 3 a (new)

"3a. In case a vertical integration is maintained through a Member State being in control of both the transmission system operator and undertakings performing the functions of generation or supply, paragraphs 2 and 3 shall apply."

2008/04/11
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 10 - point (c)

Directive 2003/54/EC
Article 15 – paragraph 4

4. The Commission may adopt guidelines to ensure full and effective compliance of the distribution system operator with paragraph 2 as regards the full independence of the distribution system operator, the absence of discriminatory behaviour, and that supply activities of the vertically integrated undertaking cannot take unfair advantage of its vertical integration. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3)."deleted

2008/03/19
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 10 - point (c)

Directive 2003/54/EC
Article 15 – paragraph 4 a (new)

"(4a) Member States may decide not to apply paragraphs 1-4 to integrated electricity undertakings which supply fewer than 100 000 connected customers or isolated networks."

2008/03/19
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22 b – introductory part

In carrying out the regulatory tasks specified in this Directive, the regulatory authority shall take all reasonable measures, in so far as other national authorities, particularly competition authorities, are not empowered to perform the tasks indicated in this directive, to achieve the following objectives:

2008/03/19
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22b – point (a)

(a) the promotion, in close cooperation with the Agency, regulatory authorities of other Member States and the Commission, of a competitive, secure and environmentally sustainable internal electricity market within the Community, and effective market opening for all consumers and suppliers in the Community, as well as ensuring that energy supply networks operate in a manner which is geared to the long term, effective and reliable;

2008/03/19
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22b – point (c)

(c) the suppression of any restrictions to electricity trade between Member States, including the development of appropriate cross border transmission capacities to meet demand, enhance integration of national markets and to enable unrestrained electricity flow across the Community;

2008/03/19
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22c – paragraph 3 – point (a)

(a) to issue binding decisions on ~~electricity undertaking~~network operators;

2008/03/19
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22c – paragraph 3 – point (b)

(b) to carry out in cooperation with the national competition authority investigations of the functioning of electricity markets, and to decide, in the ~~absence~~event of violations of ~~competition~~regulatory rules, ofn any appropriate measures necessary and proportionate to promote effective ~~competition and ensure the proper functioning of the market, including virtual power plants~~network operation;

2008/03/19
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22c – paragraph 14

14. The Commission may adopt guidelines on the implementation by the regulatory authorities of the powers described in this Article. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3).deleted

2008/03/19
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22f – paragraph 4

4. To ensure the uniform application of this Article, the Commission may adopt guidelines which define the methods and arrangements for record keeping as well as the form and content of the data that shall be kept. These measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3).deleted

2008/03/19
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 2 – paragraph 2 a (new)

2a. Where a publicly controlled entity is directly or indirectly involved in the acquisition of parts of a vertically integrated undertaking, the price in relation to the arrangement of such a transaction shall be notified to the Commission. Such notification shall include a certification of the underlying asset value by an international auditing company. The Commission shall use such information solely to exercise control over State-aid..

2008/03/19
Committee: ITRE