40 Amendments of Bernhard RAPKAY related to 2007/0197(COD)
Amendment 20 #
The Committee on Economic and Monetary Affairs calls on the Committee on Industry, Research and Energy, as the committee responsible, to reject the Commission proposal.
Amendment 25 #
Proposal for a regulation
Recital 5
Recital 5
(5) On the basis of the impact assessment of the resource requirements for a central entity, it was concluded that an independent central entity offered a number of long-term advantages over other options. An Agency Network for the Cooperation of Energy Regulators, hereinafter referred to as ‘the AgencyNetwork’, should therefore be established (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 27 #
Proposal for a regulation
Recital 6
Recital 6
(6) The AgencyNetwork should ensure that regulatory functions performed at national level by the national regulatory authorities in accordance with Directive 2003/54/EC and Directive 2003/55/EC are properly coordinated and, where necessary, completed at the Community level. To that end, it is necessary to guarantee the independence of the Agency, its technical and regulatory capacities and its transparency and efficiency.
Amendment 29 #
Proposal for a regulation
Recital 7
Recital 7
(7) The AgencyNetwork should monitororganise the cooperation between transmission system operators in the electricity and gas sectors as well as the execution of the tasks of the European Network of Transmission System Operators for electricity and the European Networks of Tnational transmission Ssystem Ooperators for Gas. The involvement of the Agency is essential in order to ensure that the cooperation between transmission system operators proceeds in an efficient and transparent way for the benefit of the internal market in the electricity and gas sectors.
Amendment 30 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 32 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 34 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 37 #
Proposal for a regulation
Recital 11
Recital 11
Amendment 38 #
Proposal for a regulation
Recital 12
Recital 12
(12) The Network’s Administrative Board should have the necessary powers to establish the budget, check its implementation, draw up internal rules, adopt financial regulations and appoint the Director.
Amendment 40 #
Proposal for a regulation
Recital 13
Recital 13
(13) The AgencyNetwork should have the necessary powers to perform the regulatory functions in an efficient and above all independent manner. The independence of regulatory authorities is not only a key principle of good governance but also and a fundamental condition to ensure market confidence. Reflecting the situation on a national level, the BoardNetwork of Regulators should therefore act independently from any market interest and shall not seek or take instructions from any government or other public or private entity.
Amendment 41 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 46 #
Proposal for a regulation
Article 1 – title
Article 1 – title
Establishment of a Network of Energy Regulators
Amendment 47 #
Proposal for a regulation
Article 1
Article 1
An Agency Network for the Cooperation of Energy Regulators, hereinafter referred to as ‘the Agency’ isNetwork’ shall be established forby the purpose of complementing at Community level the regulatory tasks performed at national level by the regulatory authorities mentioned in Article 22a of Directive 2003/54/EC and Article 24a of Directive 2003/55/EC, and, where necessary, to coordinate their action.Commission, after receiving the assent of the European Parliament and the Council.
Amendment 49 #
Proposal for a regulation
Article 2
Article 2
Amendment 52 #
Proposal for a regulation
Article 3
Article 3
Amendment 58 #
Proposal for a regulation
Article 5
Article 5
The Agency may, upon a request from the Commission or on its own initiative,Network may provide an opinion to the Commission on all issues related to the purpose for which it has been established .
Amendment 60 #
Proposal for a regulation
Article 6
Article 6
Amendment 71 #
Proposal for a regulation
Article 7
Article 7
Amendment 76 #
Proposal for a regulation
Article 8
Article 8
Amendment 78 #
Proposal for a regulation
Article 9
Article 9
Amendment 87 #
Proposal for a regulation
Article 10
Article 10
Amendment 89 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Amendment 90 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The BoardNetwork of Regulators shall be composed of one representative per Member State from the regulatory authorities, as mentioned in Article 22a of Directive 2003/54/EC and Article 24a of Directive 2003/55/EC, and one non-voting representative of the Commission. They shall constitute the Administrative Board of the Network. The national regulatory authorities shall nominate one alternate per Member State. Alternates shall participate in meetings only in the absence of a full representative.
Amendment 92 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The BoardNetwork of Regulators shall elect a Chairperson and a Vice-Chairperson from among its members. The Vice-Chairperson shall replace the Chairperson if the latter is not in a position to perform his or her duties. The term of office of the Chairperson and of the Vice-Chairperson shall be two and a half years and shall be renewable. In any event, however, the term of office of the Chairperson and that of the Vice-chairperson shall expire the moment they cease to be members of the BoardNetwork of Regulators.
Amendment 94 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The BoardNetwork of Regulators shall act by a majority of two-thirds of it members. Each member or alternate shall have one vote.
Amendment 95 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The BoardNetwork of Regulators shall adopt its Rules of procedure.
Amendment 96 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. When carrying out the tasks conferred upon it by this Regulation, the BoardNetwork of Regulators shall act independently and shall not seek or take instructions from any government of a Member State or from any public or private interest.
Amendment 97 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The BoardNetwork of Regulators’ secretarial services shall be provided by the Agency shall appoint its director, organise its secretarial services, draw up its budget and determine its seat.
Amendment 98 #
Proposal for a regulation
Article 12
Article 12
Amendment 100 #
Proposal for a regulation
Article 13
Article 13
Amendment 109 #
Proposal for a regulation
Article 14
Article 14
Amendment 113 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The members of the Board of Appeal shall be appointed by the Administrative BoardEuropean Parliament, on a proposal from the Commission, following a call for expression of interest, after consultation of the BoardNetwork of Regulators.
Amendment 114 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The term of office of the members of the Board of Appeal shall be five years. This term shall be renewable. The members of the Board of Appeal shall be independent in making their decisions; they shall not be bound by any instructions. They may not perform any other duties in the Agency, in its Administrative Board or in its Board of Regulators. A member of the Board of Appeal may not be removed during his or her term of office, unless he or she has been found guilty of serious misconduct, and the Administrative Board, after consulting the Board of Regulators, takes a decision to this effect.
Amendment 116 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 117 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The AgencyNetwork shall be required to take the necessary measures to comply with the judgment of the Court of First Instance or the Court of Justice.
Amendment 118 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. By 15 February of each year at the latest, the Director shall drawn up a preliminary draft budget covering the operational expenditure and the programme of work anticipated for the following financial year, and shall forward this preliminary draft to the Administrative Board, together with a list of provisional posts. Each year the Administrative Board shall, on the basis of the draft prepared by the Director, make an estimate of revenue and expenditure of the AgencyNetwork for the following financial year. This estimate, including a draft establishment plan, shall be transmitted by the Administrative Board to the Commission by 31 March at the latest. Prior to adoption of the estimate, the draft prepared by the Director shall be transmitted to the Regulatory Board, which may deliver an opinion on the draft.
Amendment 119 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 120 #
Proposal for a regulation
Article 25
Article 25
Amendment 121 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 123 #
Proposal for a regulation
Article 30
Article 30