19 Amendments of Erika MANN related to 2007/0196(COD)
Amendment 46 #
Proposal for a directive – amending act
Recital 5
Recital 5
(5) Without effective separation of networks from activities of production and supply, there is an inherent risk of discrimination not only in the operation of the network but also in the incentives for vertically integrated companies to invest adequately in their networks.
Amendment 55 #
Proposal for a directive – amending act
Recital 7 a (new)
Recital 7 a (new)
(7a) Gas is mainly, and increasingly, imported into the Union from countries outside Europe; European regulation must take account of the specific integration of the gas sector into the world market, including the differences in the upstream and downstream markets.
Amendment 57 #
Proposal for a directive – amending act
Recital 8
Recital 8
(8) Since ownership unbundling requires, in some instances, the restructuring of undertakings, Member States should be granted additional time to apply the relevant provisions. In view of the vertical links between the electricity and gas sectors, the unbundling provisions should apply, moreover, across the two sectors.
Amendment 75 #
Proposal for a directive – amending act
Recital 12
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.
Amendment 94 #
Proposal for a directive – amending act
Recital 19
Recital 19
(19) Energy regulators should have the power to issue binding decisions on gas undertakingnetwork operators and to impose effective, appropriate and dissuasive sanctions on natural gas undertakingetwork operators which fail to comply with their obligations. They must also be granted the powers to decide, irrespective of the application of competition rules, on any appropriate measures promotingregarding the access to networks with the aim of effective competition necessary for the proper functioning of the market; as well as to ensure high standards of public service in compliance with market opening, the protection of vulnerable customers and that consumer protection measures are fully effective. These provisions should be without prejudice to both the Commission's powers concerning the application of competition rules including the examination of mergers with a Community dimension, and the rules on the internal market, such as the free movement of capital.
Amendment 115 #
Proposal for a directive – amending act
Recital 24
Recital 24
(24) In order to contribute to security of supply, Member States should, whilst maintaining a spirit of solidarity between Member States, notably in the event of an energy supply crisis, it is important to provide a framework for regional solidarity cooperationwork together closely. For this purpose Council Directive 2004/67/EC of 26 April 2004 concerning measures to safeguard security of natural gas supply1 should be the basis. 1 OJ L 127, 29.4.2004, p. 92.
Amendment 125 #
Proposal for a directive – amending act
Recital 28
Recital 28
(28) Regulation (EC) No 1775/2005 of the European Parliament and of the Council of 28 September 2005 on conditions for access to the natural gas transmission network provides the Commission with the possibility of adopting guidelines to achieve the necessary degree of harmonisation. Such guidelines, which are thus binding implementing measures, are a useful tool which can be adapted quickly where necessary. The fundamental values of the guidelines should be determined by the legislature through the committee procedure.
Amendment 218 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/55/EC
Article 7a
Article 7a
Amendment 252 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/55/EC
Article 9a
Article 9a
Amendment 321 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Paragraph 1 shall apply also to significant increases of capacity in existing infrastructures and to modifications of such infrastructures which make available additional gas quantities from existing sources or enable the development of new sources of gas supply.
Amendment 341 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 5 – subparagraph 1
Article 22 – paragraph 5 – subparagraph 1
5. Within two months after receiving a notification, the Commission may take a decision requiring the regulatory authority to amend or withdraw the decision to grant an exemption. That period shall begin on the day following the receipt of the notification. The two month period may be extended by twoone additional months where additional information is sought by the Commission. That period shall begin on the day following the receipt of the complete additional information. The two month period can also be extended with the consent of both the Commission and the regulatory authority. Where the requested information is not provided within the period set out in the request, the notification shall be deemed to be withdrawn unless, before the expiry of that period, either the period has been extended with the consent of both the Commission and the regulatory authority, or the regulatory authority, in a duly reasoned statement, has informed the Commission that it considers the notification to be complete.
Amendment 344 #
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
Amendment 356 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 6
Article 22 – paragraph 6
Amendment 394 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (h)
Article 24c – paragraph 1 – point (h)
(h) monitoring the level of transparency, ensuring compliance of natural gas undertakingtransmission system operators with transparency obligations;
Amendment 396 #
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)
Amendment 428 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 2 – point c
Article 24c – paragraph 2 – point c
(c) without prejudice to the procedure under paragraph 2c of Article 9, for the first ten year network development plan, approve the investments planning and the multi-annual network development plan presented on a yearly basievery two years by the independent system operator;
Amendment 429 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3
Article 24c – paragraph 3
3. Member States shall ensure that regulatory authorities are granted the powers enabling them to carry out the duties referred to in paragraph 1 and 2 in an efficient and expeditious manner. For this purpose, the regulatory authority shall have at least the following powers: (a) to issue binding decisions on gas undertakingnetwork operators; (b) to carry out in cooperation with the national competition authority investigations of the functioning of gas markets, and to decide, in the absence of violations of competition rules,, of any appropriate measures necessary and proportionate to promote effective competition and ensure the proper functioning of the market, including gas release programs; (c) to request any information from natural gas undertakingetwork operators relevant for the fulfilment of its tasks; (d) to impose effective, appropriate and dissuasive sanctions to natural gas undertakingetwork operators not complying with their obligations under this Directive or any decisions of the regulatory authority or of the Agency; (e) to have appropriate rights of investigations, and relevant powers of instructions for dispute settlement under paragraphs 7 and 8; (f) to approve safeguards measures as referred to in Article 26.
Amendment 471 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 5
Article 24c – paragraph 5
5. In fixing or approving the tariffs, the regulatory authorities shall ensure that network operators are granted adequate incentive, over both the short and long term, to increase efficiencies, and foster market integration, and support the related research activities.
Amendment 476 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 6
Article 24c – paragraph 6
6. Regulatory authorities shall have the authority to require transmission, storage, LNG and distribution system operators, if necessary, to modify the terms and conditions, including tariffs referred to in this Article, to ensure that they are proportionate and applied in a non- discriminatory manner.