Activities of Hannes SWOBODA related to 2007/0195(COD)
Plenary speeches (1)
Internal market in electricity - Conditions for access to the network for cross-border exchanges in electricity - Agency for the Cooperation of Energy Regulators - Towards a European Charter on the Rights of Energy Consumers (debate)
Amendments (22)
Amendment 101 #
Proposal for a directive – amending act
Recital 6
Recital 6
(6) The rules on legal and functional unbundling currently in place have not yet led to effective unbundling of the transmission system operators in each Member State, partly due to lack of implementation of existing European legislation. At its meeting in Brussels on 8 and 9 March 2007, the European Council invited the Commission to develop legislative proposals for the effective separation of supply and generaproduction activities from network operations.
Amendment 105 #
Proposal for a directive – amending act
Recital 7
Recital 7
(7) Only the removal of the inherent incentive for vertically integrated companies to discriminate against competitors as regards network access and investment can ensure effective unbundling. Ownership unbundling, which implies the network owner being appointed as the network operator and being independent from any supply and production interests, is clearly the mostonsidered by the Commission as an effective and stable way to solve the inherent conflict of interest and to ensure security of supply. For this reason, tThe European Parliament in its Resolution on Prospects for the internal gas and electricity market adopted on 10 July 2007 referred to ownership unbundling at transmission level as the most effective tool to promote investments in infrastructures in a non-discriminatory way, fair access to the grid for new entrants and transparency in the market., Member States should therefore be required to ensure that the same person or persons are not entitled to exercise control, including through minority blocking rights on decisions of strategic importance such as investments, over a production or supply undertaking and, at the same time, hold any interest in or exercise any right over a transmission system operator or transmission system. Conversely, control over a transmission system operator should preclude the possibility of holding any interest in or exercising any right over a supply undertaking, however, also be entitled to apply less intrusive and mechanisms to resolve conflicts of interest and to ensure investment under special conditions.
Amendment 107 #
Proposal for a directive – amending act
Recital 7 a (new)
Recital 7 a (new)
(7a) Any system to be implemented should be effective in removing any conflict of interests between generators and transmission system operators, in order to enforce for the necessary investments and guarantee the access of newcomers under a transparent and efficient regulatory regime.
Amendment 112 #
Proposal for a directive – amending act
Recital 10
Recital 10
(10) The setting up of system operators independent from supply and generation interests should enable vertically integrated companies to maintain their ownership of network assets whilst ensuring an effective separation of interests, provided that the independent system operator performs all the functions of a network operator or efficient and effective unbundling is implemented respectively and detailed regulation and extensive regulatory control mechanisms are put in place.
Amendment 113 #
Proposal for a directive – amending act
Recital 10 a (new)
Recital 10 a (new)
(10a) Complying with the regulations on an effective and efficient legal unbundling and provided that the network undertaking performs all the functions of the network operator and a detailed regulation and extensive regulatory control mechanism are put in place, vertical integrated undertakings may remain the owner of their network assets and ensure an effective separation of interests at the same time.
Amendment 120 #
Proposal for a directive – amending act
Recital 11
Recital 11
(11) Where the undertaking owning a transmission system is part of a vertically integrated undertaking, Member States should therefore be given a choice between three options: ownership unbundling and, as a derogation, setting up system operators which are independent from supply and generation interests, the establishment of an independent system operator or effective and efficient unbundling. The full effectiveness of the independent system operator solution and the effective and efficient unbundling needs to be assured by way of specific additional rules. To preserve fully the interests of the shareholders of vertically integrated companies, Member States should have the choice of implementing ownership unbundling either by direct divestiture or by splitting the shares of the integrated company into shares of the network company and shares of the remaining supply and generation business, provided that the requirements resulting from ownership unbundling are complied with.
Amendment 122 #
Proposal for a directive – amending act
Recital 11
Recital 11
(11) Where the undertaking owning a transmission system is part of a vertically integrated undertaking, Member States should therefore be given a choice between ownership unbundling and, as a derogation, setting up system operators which are independent from supply and generation interests and effective and efficient legal unbundling of transmission system operators. The full effectiveness of the independent system operator solution needs to be assured by way of specific additional rules. To preserve fully the interests of the shareholders of vertically integrated companies, Member States should have the choice of implementing ownership unbundling either by direct divestiture or by splitting the shares of the integrated company into shares of the network company and shares of the remaining supply and generation business, provided that the requirements resulting from ownership unbundling are complied with.
Amendment 126 #
Proposal for a directive – amending act
Recital 12
Recital 12
(12) The implementation of effective unbundling should respect the principle of non-discrimination between the public and private sectors. To this effect, the same person should not be able to exercise any influence, solely or jointly, over the composition, voting or decision of the bodies of both transmission system operators and supply undertakings. Provided that the Member State in question can demonstrate that this requirement is respected, two distinct public bodies could control on the one hand generation and supply activities and on the other transmission activities.
Amendment 130 #
Proposal for a directive – amending act
Recital 13
Recital 13
(13) Full sSeparation of network and supply activities should apply throughout the Community, so that any network operator in the Community or its affiliated companies should be prevented from having any supply or production activities in any Member State. This should apply equally to EU and non-EU companies. To ensure that network and supply activities throughout the Community are kept separate, regulatory authorities should be empowered to refuse certification to transmission system operators that do not comply with the unbundling rules. To ensure a consistent application across the Community and the respect of the international obligations of the Community, the Commission should have the right to review the decisions on certification taken by the regulatory authorities.
Amendment 135 #
Proposal for a directive – amending act
Recital 17
Recital 17
(17) Energy regulators need to be able to take decisions on all relevant regulatory issues if the internal market is to function correctly, and to be fully independent from any other public or private interestsbody or company.
Amendment 142 #
Proposal for a directive – amending act
Recital 21 a (new)
Recital 21 a (new)
(21a) Energy poverty is a growing problem in the European Union. Member States should, therefore, develop national action plans to tackle energy poverty and ensure the necessary energy supply for vulnerable customers. In doing so, an integrated approach is needed and measures should include social policies, tariff policies and energy efficiency improvements for housing. At the very least, this Directive should allow national positive discrimination policies, in terms of pricing models, for vulnerable customers.
Amendment 174 #
Proposal for a directive – amending act
Article 1 – point 1 f (new)
Article 1 – point 1 f (new)
Directive 2003/54/EC
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
(1f) In Article 3, the following paragraph shall be inserted: "5a. Member States shall take appropriate measures to address energy poverty in national action plans in order to ensure that the number of people in energy poverty decreases in real terms and shall communicate such measures to the Commission. Member States may take an integrated approach to ensure that universal service obligations and public service obligations are met. Such measures may include special tariffs for vulnerable consumers and individual households and shall include energy efficiency improvements and targeted social support for low income consumer groups. The Commission shall provide indicators to monitor the impact of such measures on energy poverty. Such measures shall not impede the opening of the market set out in Article 21."
Amendment 207 #
Proposal for a directive – amending act
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Directive 2003/54/EC
Article 5a – paragraph 1 a (new)
Article 5a – paragraph 1 a (new)
Amendment 226 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/54/EC
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. In order to ensure the independence of transmission system operators, Member States shall ensure that as from [date of transposition plus one year] vertically integrated undertakings have to comply either with the following points (a) to (d) or with Article 10 or with the provisions of Article 10b:
Amendment 272 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2003/54/EC
Article 9 – point (a)
Article 9 – point (a)
(a) ensuring the long-term ability of the system to meet reasonable demands for the transmission of electricity, operating, maintaining and developing under economic conditions secure, reliable and efficient transmission systems with due regard to the environment, and promoteion of energy efficiency and research and innovation notably with respect to ensuring penetration of renewables and dissemination of low carbon technology; working towards the development of smart grids with special use of information technologies within 10 years to be set against an incremental time table in consultation with the national regulatory authorities and the Agency; when developing the grids, the transmission system operator shall be responsible for planning, (including authorisation procedure) construction and commissioning of the new infrastructure.
Amendment 303 #
Proposal for a directive – amending act
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 2003/54/EC
Article 10 b (new)
Article 10 b (new)
Amendment 324 #
Proposal for a directive – amending act
Article 1 – point 9 g (new)
Article 1 – point 9 g (new)
Directive 2003/54/EC
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
(9g) In Article 14, the following paragraph shall be inserted: "4a. Member States shall also ensure the installation of smart meters and grids with an extensive use of consumer oriented information technologies within ten years after the entry into force of Directive .../.../EC [ amending Directive 2003/54/EC concerning common rules for the internal market in electricity] provided that such installation shall be the responsibility of the electricity distribution companies. National regulatory authorities shall set out a rolling programme to ensure compliance by the set date."
Amendment 370 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22b – point (d)
Article 22b – point (d)
(d) ensuring the development of a consumer oriented secure, reliable and efficient grid systems, promoting energy efficiency, system adequacy, and researchsystem adequacy whilst ensuring energy efficiency and innovtegration to meet demand and the development of innovativof large and small scale renewables and low carbon technologies, in both short and long termdistributed generation in both transmission and distribution grids;
Amendment 510 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22d - paragraph 2 a (new)
Article 22d - paragraph 2 a (new)
"2a. Regulatory authorities shall enter into agreements with each other to foster regulatory cooperation."
Amendment 555 #
Proposal for a directive – amending act
Article 1 – point 15
Article 1 – point 15
Directive 2003/54/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 and free of charge, give any undertaking with a supply licenseauthorised supply undertaking access to its metering data. The party responsible for data management is obliged to give these data to the undertaking. Member States shall define a format for the data and a procedure for suppliers and consumers to have access to the data. No additional costs can be charged to the consumer for this service.
Amendment 574 #
Proposal for a directive – amending act
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. The Commission shall report to the European Parliament and the Council annually on the formal and practical implementation of this Directive in each Member State."
Amendment 575 #
Proposal for a directive – amending act
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
2b. On the basis of public consultations and of discussions with the competent authorities and after having received an opinion by the Agency for the Cooperation of Energy Regulators, and six years following the entry into force of this Directive, the Commission shall report to the European Parliament and the Council on the desirability of maintaining or amending this Directive. The several versions of restructuring electricity companies laid down in Articles 8a to 8d, 10 and 10b of Directive 2003/54/EC shall be verified in particular in terms of the effectiveness of their impact on network access and the necessary investments.