24 Amendments of Erika MANN related to 2007/0199(COD)
Amendment 40 #
Proposal for a regulation – amending act
Recital 3
Recital 3
(3) However, at present, the right to sell gas in any Member State on equal terms, without discrimination or disadvantage cannot be guaranteed to any company in the Community. In particular, non- discriminatory network access and an equally effective level of regulatory supervision in each Member State do not yet exist.
Amendment 45 #
Proposal for a regulation – amending act
Recital 4
Recital 4
(4) The Communication of the Commission to the European Parliament and the Council entitled "An Energy Policy for Europe" highlighted the importance of completing the internal market in natural gas and to create a level playing field for all gas companies in the Community. The Communication from the Commission to the European Parliament and to the Council on prospects for the internal gas and electricity market and the Communication from the Commission "Inquiry pursuant to Article 17 of Regulation (EC) No 1/2003 into the European gas and electricity sectors (Final Report)" showed that the present rules and measures dohave not provide the necessary framework to achieve the objective of a well functioning internal marketbeen sufficiently transposed in all Member States, with the result that the objective of a well functioning internal energy market has not yet been satisfactorily achieved.
Amendment 54 #
Proposal for a regulation – amending act
Recital 12
Recital 12
(12) Equal access to information on the physical status of the system is necessary to enable all market participants to assess the overall demand and supply situation and identify the reasons for movements in the wholesale price. This includes more precise information on supply and demand, network capacity, flows and maintenance, balancing and availability and usage of storage. The importance of this information for the functioning of the market requires the lifting of the limitations to publication for confidentiality reasons, on condition that no legitimate business secrets are thereby affected.
Amendment 59 #
Proposal for a regulation – amending act
Recital 15
Recital 15
(15) Access to gas storage facilities and LNG facilities is insufficient, and therefore in some Member States, and therefore transposition of the existing rules needs to be improved. Monitoring by the European Regulators' Group for electricity and gas (ERGEG) concluded that the voluntary guidelines for good third party access practice for storage system operators, agreed by all stakeholders at the Madrid Forum, are in some cases being insufficiently applied and therefore need to be made binding. Even though the voluntary guidelines are currently being almost completely transposed throughout Europe, juridification will increase the faith of operators in non-discriminatory access to storage.
Amendment 61 #
Proposal for a regulation – amending act
Recital 19
Recital 19
Amendment 64 #
Proposal for a regulation – amending act
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1775/2005
Article 1 – point c
Article 1 – point c
c) facilitating the emergence of well functioning and transparent cross-border retail markets and a well functioning and transparent wholesale market; it provides mechanisms to harmonise the network accesse rules in order to allow trading and supplying gas to retail customers across borders.
Amendment 65 #
Proposal for a regulation – amending act
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1775/2005
Article 1 – paragraph 3
Article 1 – paragraph 3
The objectives referred to in the first subparagraph shall include the setting of harmonised principles for tariffs, or the methodologies underlying their calculation, for access to the network, the establishment of third party access services and harmonised principles for capacity allocation and congestion management, the determination of transparency requirements, balancing rules and imbalance charges and facilitating capacity trading.
Amendment 87 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 1 – introductory phrase
Article 2 c – paragraph 1 – introductory phrase
(1) The European Network of Transmission System Operators for Gas shall adopset out:
Amendment 116 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 5
Article 2 c – paragraph 5
5. The European Network of Transmission System Operators for Gas shall publish a Community-wide 10-year network investdevelopment plan every two years. The investnetwork development plan shall include the modelling of the integrated network, scenario development, a supply and demand adequacy report and an assessment of the resilience of the system. The investnetwork development plan shall, in particular, build on national investnetwork development plans and on the Guidelines for Trans-European energy networks in accordance with Decision No 1364/2006/EC of the European Parliament and of the Council. The investnetwork development plan shall identify investment gaps, notably with respect to cross border capacities. The network development plan shall require the approval of the relevant national regulatory authority.
Amendment 128 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 6
Article 2 c – paragraph 6
6. Upon request of the Commission, the European Network of Transmission System Operators for Gas shall advise the Commission on the adoptionmendment of Guidelines as laid down in Article 9.
Amendment 150 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e – paragraph 3
Article 2 e – paragraph 3
Amendment 158 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e – paragraph 4
Article 2 e – paragraph 4
Amendment 178 #
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 h – paragraph 1
Article 2 h – paragraph 1
1. Transmission system operators shall establish regional cooperation within the European Network for Transmission System Operators for Gas to contribute to the tasks mentioned in Article 2c(1). In particular, they shall publish a regional investnetwork development plan every two years, and may take investment decisions based on the regional investment plan. The regional invest. The regional network development plan may not be contradictory to the 10 year investnetwork development plan referred to in Article 2c(1)(c).
Amendment 218 #
Proposal for a regulation – amending act
Article 1 – point 9 – point b
Article 1 – point 9 – point b
Regulation (EC) No 1775/2005
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 219 #
Proposal for a regulation – amending act
Article 1 – point 9 – point b a (new)
Article 1 – point 9 – point b a (new)
Regulation (EC) No 1775/2005
Article 6 – paragraph 5
Article 6 – paragraph 5
(ba) Paragraph 5 is amended as follows: Network users may request transmission system operators for confidentiality reasons not to make public data as referred to in paragraph 1, the publication of which would infringe the network user’s operational and commercial confidentiality. In such cases the network operator shall seek the authorisation of the competent authority to limit publication with respect to the point or points in question. The competent authority shall grant or refuse the authorisation on a case by case basis, taking into account in particular the need to respect legitimate commercial confidentiality and the public interest in publication. If the authorisation is granted, available capacity shall be published without indicating the numerical data that would contravene confidentiality. No such authorisation as referred to in this paragraph shall be granted where three or more network users have contracted capacity at the same point.
Amendment 222 #
Proposal for a regulation – amending act
Article 1 – point 9 – point c
Article 1 – point 9 – point c
Regulation (EC) No 1775/2005
Article 6 – paragraph 7
Article 6 – paragraph 7
(7) Transmission system operators shall make public relevant ex-ante and ex-post supply and demand information, based on nominations, forecasts and realised flows in and out of the system. The level of detail of the information that is made public shall reflect the information available to the transmission system operator. Transmission system operators shall make public, provided no legitimate commercial confidentiality is thereby infringed. Transmission system operators shall make available to the competent regulatory authority measures taken as well as costs incurred and revenues generated to balance the system. The market participants concerned shall provide the transmission system operators with the data referred to in this Article.
Amendment 228 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 1775/2005
Article 6 a – paragraph 2
Article 6 a – paragraph 2
2. For the services provided, each LNG and storage system operator shall make public information on contracted and available storage and LNG facility capacities on a numerical basis on a regular and rolling basis and in a user-friendly standardised manner, where three or more users have contracted capacity.
Amendment 230 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 1775/2005
Article 6 a – paragraph 4
Article 6 a – paragraph 4
4. AWhere three or more users have contracted capacity, all LNG and storage system operators shall make public the amount of gas in each storage or LNG facility, inflows and outflows, and the available storage and LNG facility capacities, including for those facilities exempted from third party access. The information shall also be communicated to the transmission system operator who shall make it public on an aggregated level per system or subsystem defined by the relevant points. The information shall be updated at least every day.
Amendment 236 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 1775/2005
Article 6 a – paragraph 4 a (new)
Article 6 a – paragraph 4 a (new)
4a. LNG and storage system users may, for reasons of confidentiality, ask LNG and storage system operators not to make public the information referred to in paragraph 4, disclosure of which would be detrimental to the trade secrets of the LNG and storage systems users. In such cases, transmission system operators shall apply to the competent authorities for permission to restrict disclosure with regard to the relevant point or points. The competent authorities shall give or withhold authorisation on a case-by-case basis, taking particular account of the legitimate need to protect trade secrets and of the public interest. Where authorisation is given, information concerning the available capacity shall be given without disclosing the numerical data which would undermine confidentiality. In any case, information should be disclosed by the LNG and storage system operators where three or more LNG and storage system users have reserved capacity by contract or similar agreement.
Amendment 245 #
Proposal for a regulation – amending act
Article 1 – point 11 – point b
Article 1 – point 11 – point b
Regulation (EC) No 1775/2005
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 249 #
Proposal for a regulation – amending act
Article 1 – point 11 – point b
Article 1 – point 11 – point b
Regulation (EC) No 1775/2005
Article 7 – paragraphs 4 to 6
Article 7 – paragraphs 4 to 6
Amendment 253 #
Proposal for a regulation – amending act
Article 1 – point 13
Article 1 – point 13
Regulation (EC) No 1775/2005
Article 8a
Article 8a
In order to facilitate the emergence of well functioning and transparent cross border retail markets on a regional and Community scale, Member States shall ensure that the roles and responsibilities of transmission system operators, and distribution system operators, supply undertakings and customers and if necessary other market participants are defined with respect to contractual arrangements, commitment to customers, data exchange and settlement rules, data ownership and metering responsibility. These rules shall be made public, be designed with the aim of harmonising access to customers across borders and be subject to review by the regulatory authorities.
Amendment 257 #
Proposal for a regulation – amending act
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 1775/2005
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) details on the provision of information and definition of the technical information relating to the network necessary for network users to gain effective access to the system and the definition of all relevant points for transparency requirements, including the information to be published at all relevant points and the time schedule according to which this information shall be published, in accordance with Articles 6 and 6a;
Amendment 266 #
Proposal for a regulation – amending act
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 1775/2005
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
The Commission may amend the guidelines referred to in the first subparagraph and adopt guidelines on the issues listed in paragraph 1. Those measures designed to amend non-essential elements of this Regulation inter alia by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2)".