BETA

32 Amendments of Giles CHICHESTER related to 2007/0199(COD)

Giles CHICHESTER

Proposal for a regulation – amending act
Recital 8

(8) All market participants have an interest in the work expected of the European network of transmission system operators. The consultation process is therefore essential and existing structures set up to facilitate and streamline the consultation process, such as EASEE— gas (the European Association for the Streamlining of Energy Exchange), should play an important role.deleted

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 1

Regulation (EC) No 1775/2005
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 these rules in order to allow trading ~~and supplying gas to retail customers~~ across borders.

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 3

Regulation (EC) No 1775/2005
Article 2 b – paragraph 1

1. By […] at the latest the transmission system operators for gas shall submit to the Commission and to the Agency the draft of statutes, a list of future members and draft rules of procedure~~, including the rules of procedure on the consultation of other stakeholders,~~ of the European Network for Transmission System Operators for Gas to be established.

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 3

Regulation (EC) No 1775/2005
Article 2 c – paragraph 1

1. The European Network of Transmission System Operators for Gas shall ~~adopt: (a) technical and market~~prepare and submit to the Agency for approval following the procedure provided for in Article 2e in conjunction with Article X of Regulation (EC) No … establishing the Agency for the Cooperation of Energy Regulators: (a) draft technical codes in the areas mentioned in paragraph 3; (b) common network operation tools and research plans; (c) a 10-year investment plan every two years; (d) an annual work programme based on the priorities set by the Agency; (e) an annual report; (f) annual summer and winter supply outlooks.

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 3

Regulation (EC) No 1775/2005
Article 2 c – paragraph 2

2. The annual work programme referred to in paragraph 1(d) shall contain a list and description of the technical ~~and market~~ codes, a plan on coordination of operation of the network and research and development activities, to be drawn up in that year and an indicative calendar.

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 3

Regulation (EC) No 1775/2005
Article 2 c – paragraph 3

3. The detailed technical ~~and market~~ codes shall cover the following areas, according to the priorities defined in the annual work programme: (a) security and reliability rules; (b) grid connection and access rules; (c) data exchange and settlement rules; (d) interoperability rules; (e)operational procedures in an emergency; (f) capacity allocation and congestion management rules; (g) ~~rules for trading; (h)~~ transparency rules; (ih) balancing rules including rules on nomination procedures, rules for imbalance charges and rules for operational balancing between transmission system operator systems; (ji) rules regarding harmonised transportation tariff; (kj) energy efficiency regarding gas networks.

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 3

Regulation (EC) No 1775/2005
Article 2 c – paragraph 4

4. The European Network of Transmission System Operators for Gas shall monitor the implementation of the technical and market codes and include the results of its monitoring activities in the annual report referred to in paragraph 1(e).deleted

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 3

Regulation (EC) No 1775/2005
Article 2 c – paragraph 5

5. The European Network of Transmission System Operators for Gas shall publish a Community-wide 10-year network investment plan every two years following approval by the Agency. The investment plan shall include the modelling of the integrated network taking into account storage and LNG facilities, scenario development, a supply and demand adequacy report, technical and economical feasibility of expansion projects and an assessment of the resilience of the system. The investment plan shall, in particular, build on national investment 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 Council20~~taking into account the regional and European aspects of the network. The investment plan shall identify investment gaps, notably with respect to cross border capacities.

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 3

Regulation (EC) No 1775/2005
Article 2 c – paragraph 5

5. The European Network of Transmission System Operators for Gas shall publish a Community-wide 10-year network investment plan every two years. The investment 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 investment plan shall, in particular, build on national investment 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 investment plan shall identify investment gaps, notably with respect to cross border capacities, and shall include investment in interconnection and in other infrastructure necessary for effective trading and competition and to contribute to the security of supply. Transmission System Operators shall make all reasonable efforts to meet the adopted investment plan .

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 3

Regulation (EC) No 1775/2005
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 adoption of Guidelines as laid down in Article 9.~~deleted

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 3

Regulation (EC) No 1775/2005
Article 2 d – paragraph 2

2. The European Network of Transmission System Operators for Gas shall submit the draft technical ~~and market~~ codes, the draft 10-year investment plan and the draft annual work programme, including the information regarding the consultation process, to the Agency. The Agency may provide an opinion to the European Networks of Transmission System Operators for Gas within 3 months. The Agency shall provide a duly justified opinion to the Commission where it considers that the draft annual work programme or the draft 10-year investment plan do not ensure non- discrimination, effective competition and the efficient functioning of the market for approval to the Agency. The Agency shall approve the documents provided for in Article 2c(1)(a) – (f) prepared by the European Network of Transmission System Operators for Gas.

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 3

Regulation (EC) No 1775/2005
Article 2 d – paragraph 2 a (new)

2a. The Agency shall monitor the implementation of the technical codes, the 10-year investment plan and the annual work programme and include the results of its monitoring activities in its annual report. In case of non-compliance by the transmission system operators with the technical codes, the 10-year investment plan and the annual work programme of the European Network of Transmission System Operators for Gas the Agency shall provide information to the Commission.

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 3

Regulation (EC) No 1775/2005
Article 2 e – paragraph 1

1. After consult~~ing the Agency, the Commission may invite t~~ation with all stakeholders following Article 5a of Regulation (EC) … establishing the Agency for the Cooperation of Energy Regulators, the Agency shall prepare Strategic Guidelines for the European Network of Transmission System Operators for Gas in the areas listed in Article 2c(3) and (5) . The Agency shall transmit the draft Strategic Guidelines to the Commission, which may adopt them in accordance with the regulatory procedure with scrutiny referred to in Article 13(2). 1a. The European Network of Transmission System Operators for Gas shall, within a reasonable period of time, to prepare draft codes in the areas listed in Article 2c(3) ~~where it considers that such codes are necessary for~~and a draft 10-year investment plan, included in Article 2c(5) based on the Strategic Guidelines adopted by the Commission pursuant to paragraph 1. The European Network of Transmission System Operators for Gas shall submit to the Agency for approval the draft technical codes and the draft 10- year investment plan. 1b. The Agency shall approve the draft technical codes and the draft 10-year investment plan, pursuant to Article X and Article Y of Regulation … establishing an Agency for the Cooperation of Energy Regulators. Before approving the codes and the draft 10-year investment plan, the Agency shall ensure that the detailed technical codes and the draft 10-year investment plan are in line with the Strategic Guidelines and that they ensure non-discrimination, effective competition and the efficient functioning of the market.

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 3

Regulation (EC) No 1775/2005
Article 2 e – paragraph 2

2. The Agency shall provide a duly justified opinion to the Commission where it considers that: (a) a technical or market code adopted by the European Network of Transmission System Operators for Gas in the areas listed in Article 2c(3) does not ensure non-discrimination, effective competition and the efficient functioning of the market; (b) the European Network of Transmission System Operators for Gas fails to agree within a reasonable period of time on a technical ~~or market~~ code in the areas listed in Article 2c(3); (cb) the transmission system operators fail to implement a technical ~~or market code adopted by the European Network of Transmission System Operators for Gas in the areas listed in Article 2c(3)~~code in the areas listed in Article 2c(3) as approved by the Agency in accordance with paragraph 1b.

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 3

Regulation (EC) No 1775/2005
Article 2 e – paragraph 3

3. The Commission may adopt~~, on its own initiative or~~ upon recommendation of the Agency, guidelines on the areas listed in Article 2c(3) when it considers that: (a) a technical or market code adopted by the European Network of Transmission System Operators for Gas in the areas listed in Article 2c(3) does not ensure non-discrimination, effective competition and the efficient functioning of the market; (b) the European Network of Transmission System Operators for Gas fails to agree within a reasonable period of time on a technical or market code in the areas listed in Article 2c(3); (c) the transmission system operators fail to implement a technical or market code adopted by the European Network of Transmission System Operators for Gas in the areas listed in Article 2c(3)market codes. Those measures designed to amend non- essential elements of this Regulation by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2).

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 3

Regulation (EC) No 1775/2005
Article 2 f

1. In carrying out its tasks, the European Network of Transmission System Operators for Gas shall consult extensively, at an early stage and in an open and transparent manner, in particular while preparing the technical and market codes and its annual work programme referred to in Article 2c(1) and (3), with all appropriate market participants; the consultation shall include supply undertakings, customers, system users, distribution system operators, LNG system operators and storage system operators, including relevant (industry) associations, technical bodies and stakeholder platforms. 2. All documents and minutes of meetings related to the issues referred to in paragraph 1 shall be made public. 3. Before adopting the annual work programme and the technical and market codes referred to in Article 2c(1) and (3), the European Network of Transmission System Operators for Gas shall indicate the observations received in the consultation and how these observations have been taken into consideration. It shall provide reasons where observations have not been taken into account.Article 2f deleted Consultations

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 3

Regulation (EC) No 1775/2005
Article 2 h – paragraph 1 – subparagraph 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 transmission system operators for gas shall publish a regional investment plan every two years, and may take investment decisions based on the regional investment plan.

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 3

Regulation (EC) No 1775/2005
Article 2 h – paragraph 1 – subparagraph 1 a (new)

Within their regional cooperation, transmission system operators together with hub and storage operators shall pursue the establishment of market based and harmonised regional balancing regimes.

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 3

Regulation (EC) No 1775/2005
Article 2 h – paragraph 2

2. Transmission system operators shall promote operational arrangements in order to ensure ~~optimum management of the network, and promote the development of energy exchanges, the allocation of cross- border capacity through implicit auctions and the integration of balancing mechanisms.~~ capacity management, the allocation of cross-border capacity through transparent and non discriminatory mechanisms, the integration of balancing mechanisms in transporting gas through networks of different transmission system operators in a region and promote the development of energy exchanges. This function may be carried out by an entity or body set up for the purpose of carrying out one ore more functions typically attributed to the transmission system operator, which shall be subject to the requirements of this Regulation.

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 3 a (new)

Regulation (EC) No 1775/2005
Article 3 – paragraph 1 – subparagraph 1

(3a) Article 3(1) subparagraph 1 is replaced by the following: 1. Tariffs, or the methodologies used to calculate them, applied by transmission system operators and LNG system operators and approved by the regulatory authorities pursuant to Article 25(2) of Directive 2003/55/EC, as well as tariffs published pursuant to Article 18 (1) of that Directive, shall be transparent, take into account the need for system integrity and its improvement and reflect actual costs incurred, insofar as such costs correspond to those of an efficient and structurally comparable network operator and are transparent, whilst including appropriate return on investments[...]. Tariffs, or the methodologies used to calculate them, shall be applied in a non-discriminatory manner. Or. en (Amends existing Article 3, paragragh 1 of Regulation 1775/2005)

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 3 b (new)

Regulation (EC) No 1775/2005
Article 3 – paragraph 1 – subparagraph 3

(3b) Article 3(1) subparagraph 3 is replaced by the following: Tariffs, or the methodologies used to calculate them, shall facilitate efficient gas trade and competition, while at the same time avoiding cross-subsidies between network users and providing incentives for investment and maintaining or creating interoperability for transmission networks. This may cover special regulatory treatment for new investment. Or. en (Introduces additional text to the existing Article 3, paragragh 1, subparagraph 3 of Regulation 1775/2005.)

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 7 – point a a (new)

Regulation (EC) No 1775/2005
Article 5 – paragraph 2 – point a

~~(This amendment introduces additional text to the existing Article 5, paragraph 2 point (a), 3~~(aa) In Article 5, paragraph 2(a) is replaced by the following: "(a) provide appropriate economic signals for efficient and maximum use of technical capacity, facilitate investment in new infrastructure and facilitate cross- border gas trade." Or. en of Regulation 1775/2005.)

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 7 – point b

Regulation (EC) No 1775/2005
Article 5 – paragraph 3

"3. Transmission system operators shall implement and publish non–discriminatory and transparent congestion management procedures which facilitate cross-border gas trade and are based on the following principles: (a) ~~in the~~ to prevent of contractual congestion, the transmission system operator shall offer unused capacity on the primary market at least on a day-ahead and interruptible basis; (b) network users who wish to re-sell or sublet their unused contracted capacity on the secondary market shall be entitled to do so. Member States may require notification or information of the transmission system operator by network users.basis;"

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 7

Regulation (EC) No 1775/2005
Article 5 – paragraph 6

"6. Transmission system operators shall regularly assess market demand for new investment. When planning new investments, transmission system operators shall assess market demand and taking into account security of supply criteria."

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 7 – point d a (new)

Regulation (EC) No 1775/2005
Article 5 – paragraph 6 a (new)

~~(This amendment introduces a new subparagraph to existing Article 5 of Regulation~~(da) The following paragraph 6a is added: "6a. To prevent long-term physical congestion, transmission system operators shall apply long-term congestion management by sorting out congestion through adding new capacities according to market demand." Or. en 1775/2005.)

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 7 – point d b (new)

Regulation (EC) No 1775/2005
Article 5 – paragraph 6 b (new)

(db) The following paragraph 6b is added: "6b. The national regulatory authorities shall monitor congestion management within national gas systems and interconnectors. Transmission system operators shall submit their congestion management procedures including capacity allocation for approval to the national regulatory authorities. The national regulatory authorities may request amendments to these rules before approving them." Or. en (This amendment introduces a new subparagraph to existing Article 5 of Regulation 1775/2005.)

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 9 – point c

Regulation (EC) No 1775/2005
Article 6 – paragraph 7 – subparagraph 1

"7. Transmission system operators shall make public ~~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.

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 10

Regulation (EC) No 1775/2005
Article 6 a – paragraph 4 a (new)

4a. In order to ensure transparent, objective and non-discriminatory tariffs and facilitate efficient utilisation of the infrastructures, LNG and Storage System Operators or relevant national regulatory authorities shall publish reasonably and sufficiently detailed information on tariff derivation, methodologies and structure of tariffs for infrastructure under regulated third party access. Transmission system operators shall submit their congestion management procedures including capacity allocation for approval to regulatory authorities. Regulatory authorities may request amendments to these rules before approving them.

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 13

Regulation (EC) No 1775/2005
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, 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.

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 14

Regulation (EC) No 1775/2005
Article 9 – paragraph 1 – point g

~~(g) details on the retail market issues covered by Article 8a;~~deleted

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 14

Regulation (EC) No 1775/2005
Article 9 – paragraph 2a (new)

2a. Where appropriate and after a proposal by the Agency following Article 2e(1), the Commission may adopt Strategic Guidelines in the areas listed in Article 2c(3) and (5) as a basis for the European Network of Transmission System Operators for Gas to develop the detailed draft technical codes listed in Article 2c(3) and the draft 10-year investment plan included in Article 2c(5).

2008/04/14
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation – amending act
Article 1 – point 14 a (new)

Regulation (EC) No 1775/2005
Article 13 – paragraph 1

(14a) In Article 13, paragraph 1 is replaced by the following: "1. The Member States shall ensure that national? regulatory authorities established under Article 25 of Directive 2003/55/EC have the competence to effectively ensure compliance with this Regulation by providing them, or other authorities, with the legal competence to issue compliance orders and to impose effective, dissuasive and proportionate penalties. The Member States shall notify those provisions to the Commission by 1 January 2010 at the latest and shall notify it without delay of any subsequent amendment affecting them." Or. en (This amendment amends the existing Article 13 paragraph 1 of Regulation 1775/2005.)

2008/04/14
Committee: ITRE