BETA

37 Amendments of Giles CHICHESTER related to 2007/0196(COD)

Amendment 44 #
Proposal for a directive – amending act
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.
2008/04/07
Committee: ITRE
Amendment 136 #
Proposal for a directive – amending act
Article 1 – point 1 – point (–a b) (new)
Directive 2003/55/EC
Article 2 – point 14
(–ab) point 14 shall be replaced by the following: "14.‘ancillary services’ means all services necessary for access to and the operation of transmission and/or distribution networks and/or LNG facilities and/or storage facilities including load balancing, blending and injection of inert gases, but excluding facilities reserved exclusively for transmission system operators carrying out their functions;" Or. en (Amending Article 2 point 14 of Directive 2003/55/EC )
2008/04/07
Committee: ITRE
Amendment 141 #
Proposal for a directive – amending act
Article 1 – point 1 – point (b a) (new)
Directive 2003/55/EC
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)."
2008/04/07
Committee: ITRE
Amendment 146 #
Proposal for a directive – amending act
Article 1 – point 1 – point (b a) (new)
Directive 2003/55/EC
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."
2008/04/07
Committee: ITRE
Amendment 165 #
Proposal for a directive – amending act
Article 1 – point 1 f (new)
Directive 2003/55/EC
Article 3 – paragraph 6 a (new)
(Adding a new paragraph after paragraph 6 of Article 3 of Directive 2003/55/EC)(1f) In Article 3, the following paragraph shall be inserted: "6a. In order to promote energy efficiency and help reduce energy poverty, national regulatory authorities shall mandate gas companies to introduce tariffs which increase for greater levels of consumption with the express objectives of stimulating energy efficient behaviour, reducing household demand for gas and related reductions in domestic CO2 emissions; as well as lowering the cost of energy to households suffering energy poverty." Or. en
2008/04/07
Committee: ITRE
Amendment 197 #
Proposal for a directive – amending act
Article 1 – point 3
Directive 2003/55/EC
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."
2008/04/10
Committee: ITRE
Amendment 204 #
Proposal for a directive – amending act
Article 1 – point 4
Directive 2003/55/EC
Article 7 – paragraph 4
4. Member States may allow for derogations from paragraphs 1(b) and 1(c) until [date of transposition plus two years], provided that transmission system operators are not part of a vertically integrated undertaking.deleted
2008/04/10
Committee: ITRE
Amendment 206 #
Proposal for a directive – amending act
Article 1 – point 4
Directive 2003/55/EC
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.
2008/04/10
Committee: ITRE
Amendment 243 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/55/EC
Article 9
Article 9 Independent system operators 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 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). 2. The Member State may approve and designate an independent system operator only where: (a) the candidate operator has demonstrated that it complies with the requirements of Article 7(1)(b) to (d); (b) the candidate operator has demonstrated that it has at its disposal the required financial, technical and human resources to carry out its tasks under Article 8; (c) the candidate operator has committed to complying with a ten year network development plan proposed by the regulatory authority; (d) the transmission system owner has demonstrated its ability to comply with its obligations under paragraph 6. To this effect, it shall provide all the draft contractual arrangements with the candidate undertaking and any other relevant entity; (e) the candidate operator has demonstrated its ability to comply with its obligations under Regulation (EC) No 1775/05 of the European Parliament and of the Council of 28 September 2005 on conditions for access to the natural gas transmission network* including the cooperation of transmission system operators at European and regional level. 3. Undertakings which have been certified by the regulatory authority as having complied with the requirements of Articles 7a and 9(2) shall be approved and designated as independent system operators by Member States. The certification procedure in Article 7b shall be applicable. 4. Where the Commission has taken a decision in accordance with the procedure in Article 7b and finds that the regulatory authority has not complied with its decision within two months, it shall, within a period of six months, designate, on a proposal from the Agency and after having heard the views of the transmission system owner and the transmission system operator, an independent system operator for a period of 5 years. At any time, the transmission system owner may propose to the regulatory authority the designation of a new independent system operator pursuant to the procedure in Article 9(1). 5. Each independent system operator shall be responsible for granting and managing third party access, including the collection of access charges and congestion rents, for operating, maintaining and developing the transmission system, as well as for ensuring the long term ability of the system to meet reasonable demand through investment planning. When developing the network the independent system operator is responsible for planning (including authorisation procedure), construction and commissioning of the new infrastructure. For this purpose, it shall act as a transmission system operator in accordance with this Chapter. Transmission system owners may not be responsible for granting and managing third party access, nor for investment planning. 6. Where an independent system operator has been designated, the transmission system owner shall: (a) provide all the relevant cooperation and support to the independent system operator for the fulfilment of its tasks, including in particular all relevant information; (b) finance the investments decided by the independent system operator and approved by the regulatory authority, or give its agreement to financing by any interested party including the independent system operator. The relevant financing arrangements shall be subject to approval by the regulatory authority Prior to this approval, the Regulatory Authority shall consult the asset owner together with other interested parties; (c) provide for the coverage of liability relating to the network assets that it owns and are managed by the independent system operator, excluding the liability relating to the tasks of the independent system operator; (d) provide guarantees to facilitate financing any network expansions with the exception of those investments where, pursuant to paragraph b, it has given its agreement to financing by any interested party including the independent system operator. 7. In close cooperation with the regulatory authority, the relevant national competition authority shall be granted all relevant powers to effectively monitor compliance of the transmission system owner with its obligations under paragraph 6.deleted
2008/04/10
Committee: ITRE
Amendment 245 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/55/EC
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)
2008/04/10
Committee: ITRE
Amendment 250 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/55/EC
Article 9a
Unbundling of transmission system owner and storage system operator 1. Transmission system owners, where an independent system operator has been appointed, and storage system operators which are part of vertically integrated undertakings shall be independent at least in terms of their legal form, organisation and decision making from other activities not relating to transmission and storage. This Article shall only apply to storage facilities that are technically and/or economically necessary for providing efficient access to the system for the supply of customers pursuant to Article 19. 2. In order to ensure the independence of the transmission system owner and storage system operator referred to in paragraph 1, the following minimum criteria shall apply: (a) those persons responsible for the management of the transmission system owner and storage system operator may not participate in company structures of the integrated natural gas undertaking responsible, directly or indirectly, for the day-to-day operation of the production, distribution and supply of natural gas; (b) appropriate measures must be taken to ensure that the professional interests of persons responsible for the management of the transmission system owner and storage system operator are taken into account in a manner that ensures that they are capable of acting independently; (c) the storage system operator shall have effective decision-making rights, independent from the integrated gas undertaking, with respect to assets necessary to operate, maintain or develop the storage facilities. This shall not preclude the existence of appropriate coordination mechanisms to ensure that the economic and management supervision rights of the parent company in respect of return on assets regulated indirectly in accordance with Article 24c(4) in a subsidiary are protected. In particular, this shall enable the parent company to approve the annual financial plan, or any equivalent instrument, of the storage system operator and to set global limits on the levels of indebtedness of its subsidiary. It shall not permit the parent company to give instructions regarding day-to-day operations, nor with respect to individual decisions concerning the construction or upgrading of storage facilities, that do not exceed the terms of the approved financial plan, or any equivalent instrument; (d) the transmission system owner and storage system operator shall establish a compliance programme, which sets out measures taken to 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. 3. The Commission may adopt guidelines to ensure full and effective compliance of the transmission system owner and of the storage operator with paragraph 2 of this Article. 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).Article 9a deleted
2008/04/10
Committee: ITRE
Amendment 264 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/55/EC
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.
2008/04/10
Committee: ITRE
Amendment 265 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/55/EC
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."
2008/04/10
Committee: ITRE
Amendment 266 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/55/EC
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."
2008/04/10
Committee: ITRE
Amendment 267 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/55/EC
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."
2008/04/10
Committee: ITRE
Amendment 291 #
Proposal for a directive – amending act
Article 1 – point 11 a (new)
Directive 2003/55/EC
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."
2008/03/31
Committee: ITRE
Amendment 297 #
Proposal for a directive – amending act
Article 1 – point 11 c (new)
Directive 2003/55/EC
Article 19 – paragraph 1
(11c) In Article 1 Point 11c new amending Article 19 Paragraph 1 (Directive 2003/55/EC) added to9, paragraph 1 shall be replaced by the following: "1. For the organisation of access to storage facilities [...] when technically and/or economically necessary for providing efficient access to the system for the supply of customers, [...] 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." Or. en Commission proposal as shown
2008/03/31
Committee: ITRE
Amendment 302 #
Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/55/EC
Article 19 – paragraph 1 – subparagraph 2
Member StatNational regulatory authorities shall define and publish criteria according to which it may be determined whether access to storage facilities and linepack is technically and/or economically necessary in order to provide efficient access to the system for the supply of customers. Member StatNational regulatory authorities shall make public, or oblige storage and transmission system operators to make public, which storage facilities, or which parts of those storage facilities, and which linepack isre offered under the different procedures referred to in paragraphs 3 and 4. Or. en (Article 1 Point 12 of Commission proposal amended as shown)
2008/03/31
Committee: ITRE
Amendment 305 #
Proposal for a directive – amending act
Article 1 – point 12 a (new)
Directive 2003/55/EC
Article 19 – paragraph 3
(Article 1 Point 12 (c) new amending Article 19 Paragraph 3 (Directive 2003/55/EC) added(12a) In Article 19, paragraph 3 shall be replaced by the following: "3. 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 storage [...], when technically and/or economically necessary for providing efficient access to the system [...]. The parties shall be obliged to negotiate access to storage [...] in good faith. Contracts for access to storage [...] shall be negotiated with the relevant storage system operator [...]. Member States shall require storage system operators [...] to publish their main commercial conditions for use of storage [...] within the first six months following implementation of this Directive and on an annual basis every thereafter. The development of these conditions shall take into consideration the views of system users, who may individually or collectively propose amendments thereof." Or. en to Commission proposal as shown)
2008/03/31
Committee: ITRE
Amendment 306 #
Proposal for a directive – amending act
Article 1 – point 12 b (new)
Directive 2003/55/EC
Article 19 – paragraph 4
(Article 1 Point 12 (b) new amending Article 19 Paragraph 4 (Directive 2003/55/EC) added(12b) In Article 19, paragraph 4 shall be replaced by the following: "4. In the case of regulated access, Member States shall take the necessary measures to give natural gas undertakings and eligible customers either inside or outside the territory covered by the interconnected system a right to access to storage, [...] on the basis of published tariffs and/or other terms and obligations for use of that storage [...], when technically and/or economically necessary for providing efficient access to the system [...]. The development of these tariffs and other terms and obligations shall take into consideration the views of system users, who may individually or collectively propose amendments thereof. This right of access for eligible customers may be given by enabling them to enter into supply contracts with competing natural gas undertakings other than the owner and/or operator of the system or a related undertaking." Or. en to Commission proposal as shown)
2008/03/31
Committee: ITRE
Amendment 333 #
Proposal for a directive – amending act
Article 1 – point 13
Directive 2003/55/EC
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.
2008/03/31
Committee: ITRE
Amendment 334 #
Proposal for a directive – amending act
Article 1 – point 13
Directive 2003/55/EC
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:
2008/03/31
Committee: ITRE
Amendment 335 #
Proposal for a directive – amending act
Article 1 – point 13
Directive 2003/55/EC
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;
2008/03/31
Committee: ITRE
Amendment 338 #
Proposal for a directive – amending act
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 4 – point (e a) (new)
"(ea) the rules for management of capacity that have been established."
2008/03/31
Committee: ITRE
Amendment 343 #
Proposal for a directive – amending act
Article 1 – point 13
Directive 2003/55/EC
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.
2008/03/31
Committee: ITRE
Amendment 353 #
Proposal for a directive – amending act
Article 1 – point 13
Directive 2003/55/EC
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.
2008/03/31
Committee: ITRE
Amendment 380 #
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
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;
2008/03/31
Committee: ITRE
Amendment 387 #
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
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;
2008/03/31
Committee: ITRE
Amendment 445 #
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
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;
2008/03/31
Committee: ITRE
Amendment 452 #
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
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;
2008/03/31
Committee: ITRE
Amendment 455 #
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
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;
2008/03/31
Committee: ITRE
Amendment 462 #
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
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.
2008/03/31
Committee: ITRE
Amendment 464 #
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 4 – point (b a) (new)
"(ba) the provision of gas quality services."
2008/03/31
Committee: ITRE
Amendment 537 #
Proposal for a directive – amending act
Article 1 – point 17
Directive 2003/55/EC
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.
2008/03/31
Committee: ITRE
Amendment 544 #
Proposal for a directive – amending act
Article 1 – point 17
Directive 2003/55/EC
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.
2008/03/31
Committee: ITRE
Amendment 547 #
Proposal for a directive – amending act
Article 1 – point 17
Directive 2003/55/EC
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.
2008/03/31
Committee: ITRE
Amendment 555 #
Proposal for a directive – amending act
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.
2008/03/31
Committee: ITRE