29 Amendments of Antonius MANDERS related to 2007/0196(COD)
Amendment 33 #
Proposal for a directive – amending act
Recital 23
Recital 23
(23) The universal and public service requirements and the common minimum standards that follow from them need to be further strengthened to make sure that all consumers can benefit from competition and fairer prices. A key aspect in supplying customers is access to objective and transparent consumption data, and consumers must have access to their dataconsumption data, associated prices and service costs so that they can invite competitors to make an offer based on these data. Consumers also should have the right to be properly informed about their energy consumption. Regularly provided information and the prepayment should be adequate and reflect their actual consumption of natural gas. Information provided at least on a quarterly basis to consumers on energy costs will create incentives for energy savings because it will give customers direct feedback on the effects of investment in energy efficiency and change of behaviour.
Amendment 57 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/55/EC
Article 5a – paragraph 4
Article 5a – paragraph 4
4. The Commission mayshall adopt guidelinmeasures for regional solidarity cooperation within one year after the entry into force of this Directive. 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 30 (3).
Amendment 68 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (i)
Article 24c – paragraph 1 – point (i)
(i) monitoring the level of effective market opening and competition at wholesale and retail levels, including on natural gas exchanges, household prices, switching rates, disconnection ratesadequate prepayment conditions reflecting the actual consumption, connection and disconnection rates, maintenance charges, and household complaints in an agreed format, as well as any distortion or restriction of competition in cooperation with competition authorities, including providing any relevant information, bringing any relevant cases to the attention of the relevant competition authorities;
Amendment 70 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (l)
Article 24c – paragraph 1 – point (l)
(l) without prejudice to the competence of other national regulatory authorities, ensuring, across the EU, even and transparent high standards of public service for natural gas, consumers including citizens, and ensuring the protection of vulnerable customers, and that all consumer protection measures set out in Annex A are effective;
Amendment 72 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (n)
Article 24c – paragraph 1 – point (n)
(n) ensuring access to customer consumption data, the application of a harmonised format for consumption data and the access to including on prices and any related expenditure, the application of an easily understandable harmonised format for such data, adequate prepayment that reflects the actual consumption and prompt access for all customers to such data under paragraph (h) of Annex A;
Amendment 75 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 – introductory part
Article 24c – paragraph 3 – introductory part
3. Member States shall ensure that regulatory authorities are granted the powers enabling them to carry out the duties within the defined framework referred to in paragraph 1 and 2 and within their legal national mandate in an efficient and expeditious manner. For this purpose, tThe regulatory authority shall have at least the following powers:
Amendment 76 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 – point (b)
Article 24c – paragraph 3 – point (b)
(b) to carry out in co-operation with the national competition authority on investigations intof the functioning of gas markets, and to decide, in the absence of violations of competition rulebased on such investigations, ofn any appropriate measures necessary and proportionate to promote effective competition and to ensure the proper functioning of the market, including gas release programs;. In the absence of violation of competition rules, these measures shall be taken in case less than 20% of the inflow of gas nominated at the entry points into a Member State or relevant market is offered to the wholesale market through a transparent and non- discriminatory process, e.g. an exchange.
Amendment 104 #
Proposal for a directive – amending act
Recital 21 a (new)
Recital 21 a (new)
(21a) The structural rigidities of the gas market which arise from the concentration of suppliers, the long-term contracts that underpin deliveries, and the lack of downstream liquidity generate opaque pricing structures. In order to bring clarity to the cost structure, more transparency is needed in the price formation, and a trading obligation should therefore be mandatory.
Amendment 109 #
Proposal for a directive – amending act
Recital 23
Recital 23
(23) The public service requirements and the common minimum standards that follow from them need to be further strengthened to make sure that all consumers can benefit from competition and fairer prices. A key aspect in supplying customers is access to objective and transparent consumption data, and consumers must have access to their dataconsumption data, associated prices and service costs so that they can invite competitors to make an offer based on these data. Consumers also should have the right to be properly informed about their energy consumption. Regularly provided information and the prepayment should be adequate and reflect their actual consumption of gas. Information provided at least on a quarterly basis to consumers on energy costs will create incentives for energy savings because it will give customers direct feedback on the effects of investment in energy efficiency and change of behaviour.
Amendment 110 #
Proposal for a directive – amending act
Recital 23 a (new)
Recital 23 a (new)
(23a) Member States should ensure the proper provision of individual meters (smart metering), as provided for in Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services1, in order to give consumers accurate information about energy consumption and to secure end- user efficiency. 1 OJ L 114, 27.4.2006, p. 64.
Amendment 186 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/55/EC
Article 5a – paragraph 4
Article 5a – paragraph 4
4. The Commission mayshall adopt guidelines for regional solidarity cooperation within one year of the entry into force of this Directive. 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 30 (3).
Amendment 195 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/55/EC
Article 5b
Article 5b
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 fosterensure the consistency of their legal and regulatory framework. Furthermore, the Member States shall ensure a minimum level of interconnection between neighbouring Member States. The geographical area covered by regional cooperations shall be in line with the definition of geographical areas by the Commission in accordance with Article 2h(3) of Regulation (EC) No1775/2005."
Amendment 212 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/55/EC
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
"6a. The provisions of this Article shall apply equally to all transmission system owners/ operators regardless of their country of origin."
Amendment 216 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/55/EC
Article 7a
Article 7a
Amendment 239 #
Proposal for a directive – amending act
Article 1 – point 6 c (new)
Article 1 – point 6 c (new)
Directive 2003/55/EC
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
(6c) In Article 8, the following paragraph shall be added: "4a. While carrying out their tasks, transmission system operators shall take into account the technical and market codes adopted by the European Network of Transmission System Operators for Gas."
Amendment 292 #
Proposal for a directive – amending act
Article 1 – point 11 b (new)
Article 1 – point 11 b (new)
Directive 2003/55/EC
Article 18 a (new)
Article 18 a (new)
(11b) The following Article shall be inserted: "Article 18a 1. For the organisation of access to LNG facilities, in case these facilities are operated by independent infrastructure operators that are ownership-unbundled in accordance with Article 7(1) and that provide open access, Member States may also decide to follow the procedure referred to in paragraph 2. This procedure shall be applied in accordance with objective, transparent and non- discriminatory criteria. 2. In the case of negotiated access, Member States shall take the necessary measures for natural gas undertakings and eligible customers either inside or outside the territory covered by the interconnected system to be able to negotiate access to LNG facilities. The parties shall be obliged to negotiate access to LNG facilities in good faith."
Amendment 296 #
Proposal for a directive – amending act
Article 1 – point 11 c (new)
Article 1 – point 11 c (new)
Directive 2003/55/EC
Article 19 – paragraph 1
Article 19 – paragraph 1
(11c) In Article 19, paragraph 1 shall be replaced by the following: "1. For the organisation of access to storage facilities and linepack when technically and/or economically necessary for providing efficient access to the system for the supply of customers, as well as for the organisation of access to ancillary services, Member States shall use the regulated access procedure as described in paragraph 4. In case such organisation is arranged through an independent infrastructure operator that is ownership- unbundled in accordance with Article 7(1) and that provides open access, Member States may choose either or both of the procedures referred to in paragraphs 3 and 4. These procedures shall operate in accordance with objective, transparent and non-discriminatory criteria."
Amendment 312 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 1 - introductory part
Article 22 – paragraph 1 - introductory part
1. Major new gas infrastructures, i.e. interconnectors between Member States, LNG and storage facilities, may, upon request, be exempted, for a limitdefined period of time, from the provisions of Articles 7, 18, 19, 20, and 24c(4), (5) and (6) under the following conditions:
Amendment 325 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 3 – subparagraph 3
Article 22 – paragraph 3 – subparagraph 3
In deciding to grant an exemption consideration shall be given, on a case by case basis, to the need to impose conditions regarding the duration of the exemption and non-discriminatory access to the infrastructure. When deciding on those conditions account shall, in particular, be taken of the duration of contracts, additional capacity to be built or the modification of existing capacity, the time horizon of the project and national circumstances.
Amendment 328 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 3 – subparagraph 4
Article 22 – paragraph 3 – subparagraph 4
Amendment 349 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 5 – subparagraph 4
Article 22 – paragraph 5 – subparagraph 4
The Commission's approval of an exemption decision shall lose its effect after two years from its adoption if construction of the infrastructure has not yet started, and after five years if the infrastructure has not become operationalbe reviewed after five years.
Amendment 359 #
Proposal for a directive – amending act
Article 1 – point 13 a (new)
Article 1 – point 13 a (new)
Directive 2003/55/EC
Article 24 – paragraph 1 – point (b)
Article 24 – paragraph 1 – point (b)
(13a) In Article 24(1), point (b) shall be replaced by the following: "(b) any such eligible customer within their territory to be supplied through a direct line by natural gas undertakings or customers."
Amendment 398 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (i)
Article 24c – paragraph 1 – point (i)
(i) monitoring the level of effective market opening and competition at wholesale and retail levels, including on natural gas exchanges, household prices, switching rates, disconnection ratesadequate prepayment conditions reflecting the actual consumption, connection and disconnection rates, maintenance charges, and household complaints in an agreed format, as well as any distortion or restriction of competition in cooperation with competition authorities, including providing any relevant information, bringing any relevant cases to the attention of the relevant competition authorities;
Amendment 411 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (l)
Article 24c – paragraph 1 – point (l)
(l) without prejudice to the competence of other national regulatory authorities, ensuring, across the European Union, even and transparent high standards of public service for natural gas, consumers, including households, and ensuring the protection of vulnerable customers, and that all consumer protection measures set out in Annex A are effective;
Amendment 418 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (n)
Article 24c – paragraph 1 – point (n)
(n) ensuring access to customer consumption data, the application of a including data on prices and any related expenditure, the application of an easily understandable harmonised format for such consumption data, and the access todequate prepayment that reflects the actual consumption and prompt access for all customers to such data under paragraphoint (h) of Annex A;
Amendment 433 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 –introductory part
Article 24c – paragraph 3 –introductory part
3. Member States shall ensure that regulatory authorities are granted the powers enabling them to carry out the duties within the defined framework referred to in paragraph 1 and 2 and within their legal national mandate in an efficient and expeditious manner. For this purpose, tThe regulatory authority shall have at least the following powers:
Amendment 443 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 – point (b)
Article 24c – paragraph 3 – point (b)
(b) to carry out in cooperation with the national competition authority on investigations intof the functioning of gas markets, and to decide, in the absence of violations of competition rulebased on such investigations, ofn any appropriate measures necessary and proportionate to promote effective competition and to ensure the proper functioning of the market, including gas release programs;
Amendment 446 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 – point (b a) (new)
Article 24c – paragraph 3 – point (b a) (new)
"(ba) in the absence of violation of competition rules, to take measures if less than 20% of the inflow of gas nominated at the entry points into a Member State or relevant market is offered to the wholesale market through a transparent and non- discriminatory process, e.g. an exchange;"
Amendment 528 #
Proposal for a directive – amending act
Article 1 – point 16 a (new)
Article 1 – point 16 a (new)
Directive 2003/55/EC
Article 31 – paragraph 3 – subparagraph 1 – introductory part
Article 31 – paragraph 3 – subparagraph 1 – introductory part
(16a) In Article 31(3), introductory part of subparagraph 1 shall be replaced by the following: "3. The Commission shall, no later than five years after the entry into force of Directive .../.../EC [amending Directive 2003/55/EC concerning common rules for the internal market in natural gas], forward to the European Parliament and Council, a detailed report outlining progress in creating the internal gas market. The report shall, in particular, consider:"