4 Amendments of Jacques TOUBON related to 2007/0195(COD)
Amendment 50 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/54/EC
Article 5a
Article 5a
1. Member States' authorities and regulators shall cooperate among themselves for the purpose of integrating their national markets at least at the regional level. In particular, Member Statesthey shall promotensure the cooperation of network operators at a regional level, and foster the convergence and consistency of their legal and regulatory framework. The geographical2. When cooperation between several Member States at regional level encounters significant difficulties, following the joint request of these Member States the Commission may, in agreaement with all Member States covncerned by regional cooperations shall be in line with the definition of geographical areas by the Commission in accordance with Article 2h(3) of Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity1. ___________ 1 OJ L 176, 15.7.2003 p. 1, designate a regional coordinator. 3. The regional coordinator shall promote at regional level the cooperation of regulatory authorities and any other competent public authorities, network operators, power exchanges, grid users and market parties. In particular, he shall: (a) promote new efficient investments in interconnections. To this end, he shall assist TSOs while elaborating their regional interconnection plan and contribute to the coordination of their investments decisions and, where appropriate, of their open season procedure; (b) promote the efficient and safe use of the networks. To this end, he shall contribute to the coordination between TSOs, national regulatory authorities and other competent national public authorities with the elaboration of common allocation and common safeguard mechanisms; (c) submit a report every year to the Commission and the Member States concerned on progress achieved in the region and on any difficulty or obstacle that may hinder progress.
Amendment 54 #
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 provisions of Articles 8, 8a and 8b; or - with the provisions of Articles 8a, 8b and 8c. In the case that the transposition of the provisions of Articles 8a, 8b and 8c proves insufficient in obtaining a high level of liberalisation and thereby complying with the objectives of Article 8 by [date of transposition plus six years], a decision shall be taken on the implementation of Article 8, on a proposal by the Commission, adopted by the Council and the European Parliament. In the case of compliance with the provisions of Articles 8, 8a and 8b, Member States shall ensure that as from [date of transposition plus one year]:
Amendment 59 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2003/54/EC
Article 9
Article 9
1. Each transmission system operator shall be responsible for: (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 promote energy efficiency and research and innovation notably with respect to ensuring penetration of renewables and dissemination of low carbon technology; (b) contributing to security of supply through adequate transmission capacity and system reliability; (c) managing energy flows on the system, taking into account exchanges with other interconnected systems. to that end, the transmission system operator shall be responsible for ensuring a secure, reliable and efficient electricity system and, in that context, for ensuring the availability of all necessary ancillary services insofar as this availability is independent from any other transmission system with which its system is interconnected; (d) providing to the operator of any other system with which its system is interconnected sufficient information to ensure the secure and efficient operation, coordinated development and interoperability of the interconnected system; (e) ensuring non-discrimination as between system users or classes of system users, particularly in favour of its related undertakings; (f) providing system users with the information they need for efficient access to the system. (fa) ensuring that the benefit of the region it is operating in is duly taken into account. Without prejudging shareholders' rights related to investment profitability and equity needs, operational and investment decisions taken by a transmission system operator shall be consistent with the Community-wide and regional investment plans pursuant to Articles 2c and 2d of Regulation (EC) No 1228/2003 and shall facilitate market development, market integration and optimize socio-economic welfare gains at least at regional level. 2. TSOs shall elaborate a ten-year network development plan at least every two years. They shall provide efficient measures in order to guarantee system adequacy and security of supply. 3. The ten-year network development plan shall in particular : (a) indicate to market participants the main transmission infrastructures that ought to be built over the next ten years; (b) contain all investments in relation to which an implementation decision has already been taken and identify new investments for which an implementation decision has to be taken in the next three years. 4. In order to elaborate this ten-year network development plan, each TSO shall make a reasonable hypothesis about the evolution of generation, consumption and exchanges with other countries, and shall take into account existing network investment plans at regional and European levels. Each TSO shall submit in due time the draft to the competent national body. 5. The competent national body shall consult all relevant network users on the basis of a draft for the ten-year network development plan in an open and transparent manner and may publish the result of the consultation process, in particular possible investment needs. 6. The competent national body shall examine whether the ten-year network development plan covers all investment needs identified in the consultation. The authority may oblige the TSO to amend its plan. 7. A competent national body for the purposes of paragraphs 24, 25 and 26 may be the national regulatory authority, any other competent national public authority or a network development trustee constituted by TSOs. In the latter case, TSOs shall submit the drafts of the statutes, of the list of members and of the rules of procedure to the approval of the competent national public authority. 8. If the TSO rejects the implementation of a specific investment listed in the ten- year network development plan to be executed in the next three years, Members States shall ensure that the regulatory authority or any other competent national public authority is competent to take one or other of the following measures: (a) to request the TSO to execute, by all legal means, his investment obligations using his financial capacities; or (b) to invite independent investors to tender for a necessary investment in a transmission system and, in so doing, may oblige the TSO : - to agree to financing by any third party, - to agree to building by any third party or to build the new assets, and - to operate the new asset. The relevant financial arrangements shall be subject to the approval of the regulatory authority or any other competent national authority. In both cases, tariff regulation shall allow for revenues that cover the costs of such investments. 9. The competent national public authority shall monitor and evaluate the implementation of the investment plan. 10. TSOs shall be obliged to establish and publish transparent and efficient procedures for non-discriminatory connection of new power plants to the grid. Those procedures shall be subject to the approval of national regulatory authorities or any other competent national public authority. 11. TSOs shall not be entitled to refuse the connection of a new power plant on the grounds of possible future limitations to available network capacities, such as congestion in distant parts of the transmission grid. The TSO shall be obliged to supply the necessary information. TSOs shall not be entitled to refuse a new connection point on the sole ground that it will lead to additional costs linked to the necessary capacity increase of grid elements within close range of the connection point.
Amendment 67 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22 c – paragraph 3 – points (b), (c) and (d)
Article 22 c – paragraph 3 – points (b), (c) and (d)
(b) to carry out in cooperation with the national competition authority investigations of the functioning of electricity 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 virtual power plants; (c) to request any reasonable information from electricity undertakings relevant for the fulfilment of its tasks; (d) to impose effective, appropriate and dissuasiveartially impose, where necessary, proportionate and consistent sanctions to electricity undertakings not complying with their obligations under this Directive or any binding decisions of the regulatory authority or of the Agency;