37 Amendments of Giles CHICHESTER related to 2007/0196(COD)
Amendment 44 #
Proposal for a directive – amending act
Recital 4 a (new)
Recital 4 a (new)
(4a) Markets in many Member States are dominated by large players. National regulatory authorities should be given the power to identify market dominance by a gas undertaking and put forward a medium term plan to limit the share at any relevant market to 50%, even further than the Commission's criteria for assessing significant market power. The relevant market should be defined by the Commission and should take into account any changes to the geographic scope of the market.
Amendment 136 #
Proposal for a directive – amending act
Article 1 – point 1 – point (–a b) (new)
Article 1 – point 1 – point (–a b) (new)
Directive 2003/55/EC
Article 2 – point 14
Article 2 – point 14
Amendment 141 #
Proposal for a directive – amending act
Article 1 – point 1 – point (b a) (new)
Article 1 – point 1 – point (b a) (new)
Directive 2003/55/EC
Article 2 – point 36 a (new)
Article 2 – point 36 a (new)
(ba) the following point shall be added: "36a. “transmission system owner” means a natural or legal person responsible for carrying out the activities set out in Article 9(6) in a Member State where an independent system operator has been designated by that Member State and confirmed by the Commission under Article 9(1)."
Amendment 146 #
Proposal for a directive – amending act
Article 1 – point 1 – point (b a) (new)
Article 1 – point 1 – point (b a) (new)
Directive 2003/55/EC
Article 2 – point 36 a (new)
Article 2 – point 36 a (new)
(ba) the following point shall be added: "36a.'fair competition in an open market' means working towards a position where no company may hold more than 50% of the relevant market."
Amendment 165 #
Proposal for a directive – amending act
Article 1 – point 1 f (new)
Article 1 – point 1 f (new)
Directive 2003/55/EC
Article 3 – paragraph 6 a (new)
Article 3 – paragraph 6 a (new)
Amendment 197 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/55/EC
Article 5b – paragraph 1 a (new)
Article 5b – paragraph 1 a (new)
"1a. The Agency shall cooperate with national regulatory authorities and unbundled transmission system operators, in accordance with Chapter III, to ensure the convergence of the regulatory frameworks of the regions with the aim of creating a competitive internal market. Where the Agency considers that binding rules on such cooperation are required, it shall make appropriate recommendations. In regional markets, the Agency shall become the accountable regulatory authority."
Amendment 204 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/55/EC
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 206 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/55/EC
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The obligation set out in paragraph 1(a) is deemed to be fulfilled in a situation where several undertakings which own transmission systems have created a joint venture which acts as a transmission system operator in several Member States for the transmission systems concerned. No other undertaking may be part of the joint venture, unless it has been approved under Article 9a as an independent system operatorcomplies fully with this Article.
Amendment 243 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/55/EC
Article 9
Article 9
Amendment 245 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/55/EC
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where the transmission system belongs to a vertically integrated undertaking on entry into force of this Directive, Member States may grant derogations from Article 7(1), provided that an independent system operator for that Member State is designated by the Member State upon a proposal from the transmission system owner and subject to approval of such designation by the Commission. Vertically integrated undertakings which own a transmission system may not in any event be prevented from taking steps to comply with Article 7 (1). (1). Or. en (Article 1 point 8 paragraph 1 of Commission proposal amended as shown)
Amendment 250 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/55/EC
Article 9a
Article 9a
Amendment 264 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/55/EC
Article 9a – paragraph 2 – point (d)
Article 9a – paragraph 2 – point (d)
(d) the transmission system owner and storage system operator shall establish a compliance programme, which sets out measures taken to provide fair access and ensure that discriminatory conduct is excluded, and ensure that observance of it is adequately monitored. The programme shall set out the specific obligations of employees to meet this objective. An annual report, setting out the measures taken, shall be submitted by the person or body responsible for monitoring the compliance programme to the regulatory authority and shall be published.
Amendment 265 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/55/EC
Article 9a – paragraph 2 – point (d a) (new)
Article 9a – paragraph 2 – point (d a) (new)
"(da) compliance with the programme shall be adequately monitored by a designated person or a body, hereinafter referred to as a ‘compliance officer’, who shall be fully independent and have access to all the necessary information of the transmission system owner and storage system operator and any affiliated companies in order to fulfil the assigned tasks."
Amendment 266 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/55/EC
Article 9a – paragraph 2 – point (d b) (new)
Article 9a – paragraph 2 – point (d b) (new)
"(db) compliance shall be overseen by a compliance board comprising a majority of members independent of the vertically integrated undertaking."
Amendment 267 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/55/EC
Article 9a – paragraph 2 – point (d c) (new)
Article 9a – paragraph 2 – point (d c) (new)
"(dc) an annual report, setting out the measures taken and evaluating the degree of compliance, shall be submitted by the compliance officer to the national regulatory authority and shall be published."
Amendment 291 #
Proposal for a directive – amending act
Article 1 – point 11 a (new)
Article 1 – point 11 a (new)
Directive 2003/55/EC
Article 18 – paragraph 1
Article 18 – paragraph 1
(11a) In Article 18, paragraph 1 shall be replaced y the following: "1. Member States shall ensure the implementation of a system of third party access to the transmission and distribution system, including line pack and ancillary services, and to LNG facilities based on published tariffs, applicable to all eligible customers, including supply undertakings, and applied objectively and without discrimination between system users. Member States shall ensure that these tariffs, or the methodology underlying their calculation shall be approved prior to their entry into force by a regulatory authority referred to in Article 25(1) and that these tariffs - and the methodologies, where only methodologies are approved - are published prior to their entry into force."
Amendment 297 #
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
Amendment 302 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/55/EC
Article 19 – paragraph 1 – subparagraph 2
Article 19 – paragraph 1 – subparagraph 2
Amendment 305 #
Proposal for a directive – amending act
Article 1 – point 12 a (new)
Article 1 – point 12 a (new)
Directive 2003/55/EC
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 306 #
Proposal for a directive – amending act
Article 1 – point 12 b (new)
Article 1 – point 12 b (new)
Directive 2003/55/EC
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 333 #
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
Before granting an exemption the regulatory authority shallmay decide upon the rules and mechanisms for management and allocation of capacity. The rules shallmay require that all potential users of the infrastructure are invited to indicate their interest in contracting capacity before capacity allocation in the new infrastructure, including for own use, takes place. The regulatory authority shallmay require congestion management rules to include the obligation to offer unused capacity on the market, and shallmay require users of the facility to be entitled to trade their contracted capacities on the secondary market. In its assessment of the criteria referred to in paragraph 1(a), (b) and (e) of this Article, the regulatory authority shallmay take into account the results of that capacity allocation procedure.
Amendment 334 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 4 - introductory part
Article 22 – paragraph 4 - introductory part
4. The regulatory authority shall transmit to the Commission without delay a copy of every request for exemption as of its receipt. The decision shall be notified, without delay, by the competent authority to the Commission, together with all the relevant information with respect to the decision. This information may be submitted to the Commission in aggregate form, enabling the Commission to reach a well-founded decision, which in the case of the Agency's decisions issued under paragraph 3 can assess solely their impact on Community competition rules. In particular, the information shall contain:
Amendment 335 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 4 – point (a)
Article 22 – paragraph 4 – point (a)
(a) the detailed reasons on the basis of which the regulatory authority granted or refused the exemption together with the reference to the specific Article on which such decision is based, including the financial information justifying the need for the exemption;
Amendment 338 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 4 – point (e a) (new)
Article 22 – paragraph 4 – point (e a) (new)
"(ea) the rules for management of capacity that have been established."
Amendment 343 #
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, with regard to competition rules, 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 two 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 353 #
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 operational, unless, the failure to start construction or to begin the operation of the infrastructure (as the case may be) is the result of circumstances beyond control of the person to whom the exemption has been granted.
Amendment 380 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (a)
Article 24c – paragraph 1 – point (a)
(a) ensuring compliance of transmission and, distribution, LNG and storage system operators, and where relevant system owners, as well as of any natural gas undertakings, with their obligations under this Directive and other relevant Community legislation, including as regards, where appropriate, cross border issues and unbundling;
Amendment 387 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (e)
Article 24c – paragraph 1 – point (e)
(e) monitoring compliance with unbundling requirements under this Directive and other relevant Community legislation and ensuring that there are no cross subsidies between transmission, distribution, storage, LNG and supply activities;
Amendment 445 #
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 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; to ensure that a truly competitive market within the Union shall be established by mandating incremental release of gas at real cost so that by 2020 no individual company may account for more than a 50% share of any relevant market; the relevant market shall be defined by the Commission;
Amendment 452 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 4 – point (a)
Article 24c – paragraph 4 – point (a)
(a) connection and access to national networks, including transmission and distribution tariffs, and terms, conditions and tariffs for access to LNG facilities. These tariffslinepack, where technically and/or economically necessary in order to provide efficient access to the system for the supply of customers, and to LNG facilities. These tariffs shall reflect actual costs incurred, insofar as such costs correspond to those of an efficient and structurally comparable operator and shall be transparent. They shall allow the necessary investments in the networks and LNG facilities to be carried out in a manner allowing these investments to ensure the viability of the networks and LNG facilities;
Amendment 455 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 4 – point (a)
Article 24c – paragraph 4 – point (a)
(a) connection and access to national networks, including transmission and distribution tariffs, and terms, conditions anddistribution tariffs and methodologies for their calculation, or alternatively, the methodologies and their monitoring for setting or approving the transmission and distribution tariffs, and terms, conditions and tariffs for access to LNG facilities including methodologies for their calculation, or alternatively, the methodologies and their monitoring for setting or approving the tariffs for access to LNG facilities. These tariffs shall allow the necessary investments in the networks and LNG facilities to be carried out in a manner allowing these investments to ensure the viability of the networks and LNG facilities. This may cover special regulatory treatment for new investments;
Amendment 462 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 4 – point (b)
Article 24c – paragraph 4 – point (b)
(b) the provision of balancing services, which shall be cost reflective and revenue neutral to the extent possible, whilst providing appropriate incentives on network users to balance their input and offtake of gas. They shall be fair and non- discriminatory and based on objective criteria.
Amendment 464 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 4 – point (b a) (new)
Article 24c – paragraph 4 – point (b a) (new)
"(ba) the provision of gas quality services."
Amendment 537 #
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (h)
Annex A – point (h)
(h) have at their disposal their consumption data, and shall be able to, by explicit agreement andbe easily able to switch to a new supplier. Where the switching process requires supply point information, metering data or a standard consumption profile, Member States shall ensure that this is available, free of charge, giveto any undertaking with a supply licence access to its meteringauthorised to have access to such data. The party responsible for data management is obliged to give these data to the undertaking. Member States shall define aensure that there is an agreed format for the data and a procedure for suppliers and where necessary consumers to have access to the data. No specific additional costs can be charged to the consumer for thisshall be made for this particular service.
Amendment 544 #
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (i)
Annex A – point (i)
(i) shall be properly informed every month ofinformed of their actual gas consumption and costs. No additional costs can be frequently enough to enable them to regulate their consumption. No specific additional charged to the consumer for thisshall be made for this particular service.
Amendment 547 #
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j)
Annex A – point (j)
(j) can change supplier at any time in the year, and a customer’s account with the previous supplier shall not be sebe submittled no later than onetwo months following the last supply by the previous supplier.
Amendment 555 #
Proposal for a directive – amending act
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. The Member States shall repeal any laws, regulations and administrative provisions which prevent any natural gas undertaking, regulatory or other authority from complying with their duties or fulfilling their powers or obligations under this Directive.