15 Amendments of Angelika NIEBLER related to 2007/0197(COD)
Amendment 65 #
Proposal for a regulation
Article 4
Article 4
The Agency mayshall: (a) issue opinions addressed to transmission system operators; (b) issue opinions addressed to regulatory authorities; (c) issue opinions and recommendations addressed to the Commission; (d) take individual decisions in specific cases referred to in Articles 6, 7 and 8.
Amendment 75 #
Proposal for a regulation
Article 5
Article 5
The Agency may, upon a request from the European Parliament, the Council or the Commission or on its own initiative, provide an opinion to the European Parliament, the Council and the Commission on all issues related to the purpose for which it has been established.
Amendment 79 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 90 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Agency may provide an opinion toAfter consultation with all stakeholders, the Agency shall prepare Strategic Guidelines for the European Network of Transmission System Operators for Electricity as provided for in Article 2d(2) of Regulation (EC) No 1228/2003 and tofor the European Network of Transmission System Operators for Gas as provided for in Article 2d(2) of Regulation (EC) No 1775/2005 oin the technical or market codes, on the draft annual work programme and the draft 10-year areas listed in Article 2c(3) and (5) of Regulation (EC) 1228/2003 and in Article 2c(3) and (5) of Regulation (EC) 1775/2005. These Strategic Guidelines shall ensure non- discrimination, effective competition and the efficient functioning of the market. Once prepared, the Agency shall transmit the draft Strategic Guidelinvestment plan to the Commission, which may adopt these Strategic Guidelines.
Amendment 101 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. After consultation with all stakeholders, the Agency shall prepare Strategic Guidelines on market codes. Once prepared, the Agency shall transmit the draft Strategic Guidelines on market codes to the Commission, which may adopt these Strategic Guidelines.
Amendment 113 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The Agency shall provide a duly justified opinion to the Commission, in accordance with Article 2e(2) of Regulation (EC) No 1228/2003 and Article 2e(2) of Regulation (EC) No 1775/2005 where it considers that a draft technical or market code does not ensure non- discrimination, effective competition and the efficient functioning of the market, that a technical or market code has not been adopted within a reasonable period of time or that the transmission system operators fail to implement a technical or market code.
Amendment 126 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Agency shall provide an opinion, at the request of any regulatory authority or of the Commission, on whether a decision taken by a regulatory authority complies with the Guidelines referred to in Directive 2003/54/EC, Directive 2003/55/EC, Regulation (EC) No 1228/2003 or Regulation (EC) No 1775/2005.
Amendment 128 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Where a national regulatory authority does not comply with the opinion of the Agency as referred to in paragraph 4 within four months from the date of receipt, the Agency shall inform the Commission and the government of the Member State in question.
Amendment 129 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. When a national regulatory authority encounters, in a specific case, difficulties with the application of the Guidelines referred to in Directive 2003/54/EC, Directive 2003/55/EC, Regulation (EC) No 1228/2003 or Regulation (EC) No 1775/2005, it may ask the Agency for an opinion. The Agency shall deliver its opinion after consulting the Commission within fourwithin two months.
Amendment 145 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Administrative Board shall be composed of twelfive members. SixTwo shall be appointed by the Commission, two by the Council and sixone by the CouncilEuropean Parliament. The term of office shall be five years, renewable once.
Amendment 149 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The members of the Administrative Board shall be independent from national governments.
Amendment 151 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Meetings of the Administrative Board shall be convened by its Chairperson. The Chairperson of the Board of Regulators or his/her nominee from that Board and the Director of the Agency shall participate without the right to vote, in the deliberations unless the Administrative Board decides otherwise. The Administrative Board shall meet at least twice 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 Agency.
Amendment 191 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Board of Regulators shall act by a majority of two-thirds of it members. Eachtwo-thirds majority. Votes shall be weighted in the same way that the votes of members or alternate shall have one votef the Council are under Article 205 (2) of the Treaty.
Amendment 293 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The first evaluation report shall be presented by the Commission to the European Parliament and the Council at the latest fourtwo years after the first Director has taken up his or her duties. The Commission shall then present an evaluation report at least every five years.
Amendment 295 #
Proposal for a regulation
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
2a. This Regulation shall expire on 1 January 2015.