BETA

20 Amendments of Anne LAPERROUZE related to 2007/0196(COD)

Anne LAPERROUZE

Proposal for a directive – amending act
Recital 10

(10) The setting up of system operators independent from supply and production 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, and detailed regulation and extensive regulatory control mechanisms are put in place.

2008/04/07
Committee: ITRE

Anne LAPERROUZE

Proposal for a directive – amending act
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, effective and efficient unbundling, and, as a derogation, setting up system operators which are independent from supply and production interests. 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 production business, provided that the requirements resulting from ownership unbundling are complied with.

2008/04/07
Committee: ITRE

Anne LAPERROUZE

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

Directive 2003/55/EC
Article 5b – paragraph 1 a (new)

1a. When the cooperation between several Member States at a regional level encounters significant difficulties, the Commission may designate, in agreement with the Member States concerned, a regional coordinator. The regional coordinator shall promote at a regional level the cooperation of regulatory authorities and other competent public authorities, network operators, power exchanges, grid users and market parties. In particular, the regional coordinator shall: (a) promote new efficient investments in interconnections. To this end, the regional coordinator shall assist transmission system operators in drawing up their regional interconnection plan and shall 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, the regional coordinator shall contribute to the coordination between transmission system operators, national regulatory authorities and other competent national public authorities in drawing up common allocation and common safeguard mechanisms; (c) submit an annual report to the Commission and Member States concerned on the progress achieved in the region and on any difficulty or obstacle that may hinder such progress."

2008/04/10
Committee: ITRE

Anne LAPERROUZE

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

Directive 2003/55/EC
Article 6 a (new)

(3a) The following Article shall be inserted: "Article 6a Vertically integrated undertakings 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 must comply either with the provisions of Article 7(1) (a) to (d) and Article 9 or with the provisions of Article 9b."

2008/04/10
Committee: ITRE

Anne LAPERROUZE

Proposal for a directive – amending act
Article 1 – point 8 a (new)

Directive 2003/55/EC
Article 9 b (new)

(8a) The following Article shall be inserted: "Article 9b Effective and efficient unbundling of transmission systems I. Assets, equipment, staff and identity 1. Transmission system operators shall be equipped with all human, physical and financial resources of the vertically integrated undertaking necessary for the regular business of gas transmission, in particular: (i) transmission system operator shall own assets necessary for the regular business of gas transmission; (ii) transmission system operator shall employ personnel necessary for the regular business of gas transmission; (iii) the sharing of the staff and the rendering of services between branches of a vertically integrated undertaking performing functions of production or supply, shall be limited to cases where there is no risk of discrimination and shall be subject to approval by national regulatory authorities in order to exclude competition concerns and conflicts of interest; (iv) appropriate financial resources for future investment projects shall be made available in due time. 2. The activities deemed necessary for the regular business of gas transmission mentioned in paragraph 1 shall include at least the following: – representation of the transmission system operator and contacts with third parties and national regulatory authorities, – granting and managing third party access to the network, – collection of the access charges, congestion rents, – operation, maintenance and development of the transmission system, – investment planning ensuring the long- term ability of the system to meet reasonable demand and guaranteeing security of supply, – legal services, – accountancy and IT services. 3. Transmission system operators shall have a legal form of a joint-stock company. 4. The transmission system operator shall have its own corporate identity, significantly different from the vertically integrated undertaking with separate branding, communication and premises. 5. Transmission system operator's accounts shall be audited by another auditor than the one auditing the vertically integrated undertaking and all its affiliated companies. II. Independence of the transmission system operator's management, chief executive officer / executive board 6. Decisions on the appointment and on early premature termination of the employment of the chief executive officer / members of the executive board of the transmission system operator and on conclusion and early termination of respective employment agreements with these persons shall be notified to the national regulatory authority or any other competent national public authority. These decisions and agreements may become binding only if, within a period of 3 weeks after the notification, the national regulatory authority or any other competent national public authority has not used it's right of veto. A veto may be used if the appointment and conclusion of the respective agreement poses serious doubts as to the professional independence of the nominated chief executive officer / member of the executive board; in the case of early termination of employment and of the respective agreements with these persons, the right of veto may be used if serious doubts exist regarding the basis and justification of such early termination. 7. Rights of appeal to the national regulatory authority or to another competent national public authority or to a court shall be guaranteed to the members of the management of the transmission system operator in case of early termination of their employment. 8. After the termination of employment in the transmission system operator, chief executive officers / members of the executive board shall not participate in any branch of the vertically integrated undertaking performing functions of production or supply for a period of not less than 3 years. 9. The chief executive officer / members of the executive board shall not hold any interest in or receive any compensation from any undertaking of the vertically integrated company other than the transmission system operator. /Remuneration shall in no part depend on activities of the vertically integrated undertaking other than those of the transmission system operator. 10. The chief executive officer or the members of the executive board of the transmission system operator may not be responsible, directly or indirectly, for the day-to-day operation of any other branch of the vertically integrated undertaking. 11. Without prejudice to the provisions above, the transmission 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 network. This should not prevent 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, 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 transmission 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 transmission gas pipelines, that do not exceed the terms of the approved financial plan, or any equivalent instrument. III. Supervisory board / Board of directors 12. Chairmen of the supervisory board/board of directors of the transmission system operator shall not participate in any branch of the vertically integrated undertaking performing functions of production or supply. 13. The supervisory board / board of directors of transmission system operator shall also include independent members, appointed for at least 5 years. Appointment of the members of the supervisory board / board of directors shall be notified to the national regulatory authority/ or any other competent national public authority and become binding under the conditions described in paragraph 6. 14. For the purpose of paragraph 13, a member of the supervisory board / board of directors of a transmission system operator shall be deemed independent if he is does not participate in any business with, or has no other relationship with, the vertically integrated undertaking, its controlling shareholders or the management of either, that would create a conflict of interest , in particular: (a) has not been an employee of any branch of the vertically integrated undertaking performing functions of production and supply in five years prior to the appointment as a member of the supervisory board / board of directors; (b) does not hold any interest in and does not receive any compensation from the vertically integrated undertaking or any of its affiliates except the transmission system operator; (c) does not have any relevant business relationship with any branch of the vertically integrated company performing functions of energy supply during his/her appointment as a member of the supervisory board / board of directors; (d) is not a member of the executive board of a company in which the vertically integrated undertaking appoints members of the supervisory board / board of directors. IV. Compliance officer 15. Member States shall ensure that transmission system operators establish and implement a compliance programme which sets out measures to be taken to ensure that discriminatory conduct is excluded. This programme shall set out specific obligations of employees of the transmission system operators to meet this objective. The programme shall be subject to approval of the national regulatory authority or any other competent national public authority. Compliance of the program shall be independently monitored by the compliance officer. The national regulatory authority shall have the power to impose sanctions in case of inappropriate implementation of the compliance program by the transmission system operator. 16. The chief executive officer / executive board of the transmission system operator shall appoint a person or a body in a function of a compliance officer who shall be responsible for: (i) monitoring the implementation of the compliance programme; (ii) preparing an annual report, setting out the measures to be taken in order to implement the compliance programme and submitting it to the national regulatory authority; (iii) issuing recommendations regarding the compliance programme and its implementation. 17. The independence of the compliance officer shall be guaranteed in particular by terms of the employment contract. 18. The compliance officer shall have the opportunity to regularly address the supervisory board/board of directors of the transmission system operator and of the vertically integrated undertaking and national regulatory authorities. 19. The compliance officer shall attend all meetings of the supervisory board / board of directors of the transmission system operator that address the following areas: (i) conditions for access and connection to the network, including the collection of access charges and congestion rents; (ii) projects undertaken in order to operate, maintain and develop the transmission grid system, including interconnection and connection investments; (iii) balancing rules, including transmission system operator's flexibility needs; (iv) energy purchases in order to cover transmission system operator's needs. 20. During these meetings, the compliance officer shall prevent information about customers or suppliers activities which may be commercially advantageous from being disclosed in a discriminatory manner to the supervisory board/board of directors. 21. The compliance officer shall have access to all relevant books, records and offices of the transmission system operator and to all the necessary information for the fulfilment of the assigned tasks. 22. The compliance officer shall be nominated and removed by the chief executive officer / executive board only after the prior approval by the national regulatory authority. V. Grid development and powers to make investment decisions 23. Transmission system operators shall prepare a 10-year network development plan at least every two years. They shall take efficient measures in order to guarantee system adequacy and security of supply. 24. The 10-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 already decided and identify new investments for which an implementation decision has to be taken in the next three years. 25. In order to prepare the draft of this plan, each transmission system operator shall makes reasonable hypothesis about the evolution of supply, consumption and exchanges with other countries, and shall take into account regional and European- wide existing network investment plans. Transmission system operator shall submit in due time the draft of the plan to the competent national body. 26. The competent national body shall consult the draft of the plan with all relevant network users in an open and transparent manner and may publish the result of the consultation, in particular possible needs for investments. 27. The competent national body shall examine whether the draft 10-year network development plan covers all investment needs identified within the consultation. The competent national body may oblige the transmission system operator to modify its plan. 28. The competent national body within the meaning of paragraphs 25, 26 and 27, may be the national regulatory authority, any other competent national public authority or a network development trustee constituted by transmission system operators. In the latter case, transmission system operators shall submit the drafts of their statutes, the list of members and the rules of procedure to the approval of the competent national public authority. 29. If the transmission system operator rejects to implement a specific investment listed in the 10-year network development plan in the next three years, Member States shall ensure that the national regulatory authority or any other competent national public authority have the power to take one of the following measures: (a) to request, by all legal means, the transmission system operator to execute its investment obligations using its financial capacities, or (b) to invite independent investors to tender for the necessary investment in the transmission system and, at the same time, may oblige the transmission system operator: – to agree to financing by any third party, – to agree to building by any third party, or to build, the respective new assets and – to operate the respective new asset. The relevant financial arrangements shall be subject to the approval of the national regulatory authority or any other competent national authority. In both cases, tariff regulation shall allow for revenues that cover the costs of such investments. 30. Competent national public authority shall monitor and evaluate the implementation of the investment plan. VI. Regional cooperation 31. When the cooperation between several Member States at a regional level encounters significant difficulties, the Commission may designate, in agreement with the Member States concerned, a regional coordinator. 32. The regional coordinator shall promote at a regional level the cooperation of regulatory authorities and any other competent public authorities, network operators, gas exchanges, network users and market parties. In particular, the regional coordinator shall: (a) promote new efficient investments in interconnections. To this end, the regional coordinator shall assist transmission system operators in preparation of their regional interconnection plan and shall 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, the regional coordinator shall contribute to the coordination between transmission system operators, national regulatory authorities and other competent national public authorities in order to elaborate common allocation and common safeguard mechanisms; (c) submit an annual report to the Commission and Member States concerned on the progress achieved in the region and on any difficulty or obstacle that may hinder such progress."

2008/04/10
Committee: ITRE

Anne LAPERROUZE

Proposal for a directive – amending act
Article 1 – point 11

Directive 2003/55/EC
Article 15

This directive shall not prevent the operation of a combined transmission, LNG, storage and distribution system operator provided it complies, for each of its activities, with the applicable provisions of Articles 7, 9a, 9b and 13(1).

2008/03/31
Committee: ITRE

Anne LAPERROUZE

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

Directive 2003/55/EC
Article 24a – paragraph 3 – point (a)

(a) the regulatory authority has legal personality, ~~budgetary~~financial autonomy, and adequate human and financial resources to carry out its duties;

2008/03/31
Committee: ITRE

Anne LAPERROUZE

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

Directive 2003/55/EC
Article 24a – paragraph 3 – point (b)

(b) its management is appointed for a ~~non renewable fixed term of at least five years, and~~term of at least five years and at most ten years; any appointment for a term of five years only shall be renewable once, while any longer term of office shall be non- renewable; the management may only be relieved from office during its term if it no longer fulfils the conditions set out in this Article or it has been guilty of serious misconduct.

2008/03/31
Committee: ITRE

Anne LAPERROUZE

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

Directive 2003/55/EC
Article 24c – paragraph 1 – point (g)

(g) monitoring network security and reliability, ~~and reviewing~~setting or approving standards and requirements for quality of service and supply and reviewing performances for quality of service and supply, network security and reliability rules;

2008/03/31
Committee: ITRE

Anne LAPERROUZE

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

Directive 2003/55/EC
Article 24c – paragraph 1 – point (l)

(l) without prejudice to the competence of other national regulatory authorities, ~~ensu~~monitoring high standards of public service for natural gas, the protection of vulnerable customers~~, and that consumer protection measures set out in Annex A are effective~~;

2008/03/31
Committee: ITRE

Anne LAPERROUZE

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

Directive 2003/55/EC
Article 24c – paragraph 1 – point (l a) (new)

"(la) ensuring that customer protection measures set out in Annex A are effective;"

2008/03/31
Committee: ITRE

Anne LAPERROUZE

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

Directive 2003/55/EC
Article 24c – paragraph 1 – point (n)

(n) e~~nsuring~~stablishing standardised procedures on relationships between final customer and supplier or distributor, or metering system operator, which would deal at least with access to customer consumption data, the application of a harmonised format for consumption data and the access to data under p~~aragraph~~oint (h) of Annex A;

2008/03/31
Committee: ITRE

Anne LAPERROUZE

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~~ 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

Anne LAPERROUZE

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

Directive 2003/55/EC
Article 24c – paragraph 5

5. In fixing or approving the tariffs, the regulatory authorities shall ensure that network operators are granted adequate incentive, over both the short and long term, to increase efficiencies, and foster market integration~~, and support the related research activities~~.

2008/03/31
Committee: ITRE

Anne LAPERROUZE

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

Directive 2003/55/EC
Article 24c – paragraph 5 a (new)

"5a. The national regulatory authorities shall monitor congestion management within national electricity systems and interconnectors. Transmission system operators shall submit their congestion management procedures including capacity allocation for approval to national regulatory authorities. National regulatory authorities may request transmission system operators to modify these rules before approving them."

2008/03/31
Committee: ITRE

Anne LAPERROUZE

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

Directive 2003/55/EC
Article 24c – paragraph 6

6. Regulatory authorities shall have the authority to require ~~transmission, storage, LNG and distribution system operators~~infrastructure operators subject to a regulated third-party access system as provided for in Article 18, paragraph 4 of Article 19 and Article 20, if necessary, to modify the terms and conditions, including tariffs referred to in this Article, to ensure that they are proportionate and applied in a non- discriminatory manner.

2008/03/31
Committee: ITRE

Anne LAPERROUZE

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

Directive 2003/55/EC
Article 24c – paragraph 13

13. Member States shall ensure that suitable mechanisms exist at national level under which a party affected by a decision of the national regulatory authority has a right of appeal to a ~~body~~court or other national independent authority, independent of the parties involved and of any government.

2008/03/31
Committee: ITRE

Anne LAPERROUZE

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

Directive 2003/55/EC
Article 24d – paragraph 2 a (new)

"2a. National regulatory authorities shall have the right to enter into agreements with other national regulatory authorities within the Union to foster regulatory cooperation."

2008/03/31
Committee: ITRE

Anne LAPERROUZE

Proposal for a directive – amending act
Article 1 – point 17

Directive 2003/55/EC
Annex A – point (j)

(j) ~~can~~may change supplier at any time in the year, ~~and a customer's account with~~with the process lasting no more than one month from the moment all the pre~~vious supplier shall not be settled later than one month following the last supply by this previous supplier~~quisite information is provided and the contract between the customer and the new supplier is concluded, to the actual date of the switch.

2008/03/31
Committee: ITRE

Anne LAPERROUZE

Proposal for a directive – amending act
Article 1 – point 17

Directive 2003/55/EC
Annex A – point (j a) (new)

"(ja) a customer's account with the previous supplier shall not be settled later than one month following the last supply by this previous supplier."

2008/03/31
Committee: ITRE