BETA

25 Amendments of Christian EHLER related to 2007/0195(COD)

Christian EHLER

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 and, as a derogation, setting up system operators which are independent from supply and generation 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 generation business, provided that the requirements resulting from ownership unbundling are complied withdifferent options.

2008/03/11
Committee: ECON

Christian EHLER

Proposal for a directive – amending act
Recital 20

(20) Prior to the adopt~~ion by the Commiss~~ion of guidelines defining further the record -keeping requirements, the Agency for the Cooperation of Energy Regulators and the Committee of European Securities Regulators (CESR) should cooperate to investigate ~~and advise the Commission on~~ the content of the guidelines and act in an advisory capacity. The Agency and the Committee should also cooperate to further investigate and advise on the question whether transactions in electricity supply contracts and electricity derivatives should be subject to pre- and/or post-trade transparency requirements and if so what the content of those requirements should be.

2008/03/11
Committee: ECON

Christian EHLER

Proposal for a directive – amending act
Recital 27

(27) In particular power should be conferred on the Commission to adopt the guidelines necessary for providing the minimum degree of harmonisation required to achieve the aim of Directive 2003/54/EC. Since those measures are of general scope and are designed to supplement Directive 2003/54/EC by the addition of new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.deleted

2008/03/11
Committee: ECON

Christian EHLER

Proposal for a directive – amending act
Article 1 – point 2

Directive 2003/54/EC
Article 3 – paragraph 10

“10. The Commission may a~~dopt~~mend guidelines for the implementation of this Article. This measure, designed to amend non-essential elements of this Directive by supplementing it, shall be a~~dopt~~mended in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3).”

2008/03/11
Committee: ECON

Christian EHLER

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

Directive 2003/54/EC
Article 5a

1. Member States shall cooperate among themselves for the purpose of integrating their national markets at least at the regional level. In particular, Member States shall promote the cooperation of network operators at a regional level, and foster the consistency of their legal and regulatory framework. The geographical area covered 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 electricity.

2008/03/11
Committee: ECON

Christian EHLER

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

Directive 2003/54/EC
Article 5a – paragraph 1 a (new)

(1a) On the joint request of Member States between which cooperation at a regional level has encountered significant difficulties, the Commission may designate a regional coordinator, in agreement with all Member States concerned.

2008/03/11
Committee: ECON

Christian EHLER

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

Directive 2003/54/EC
Article 5a – paragraph 1 b (new)

(1b) The regional coordinator shall promote, at a 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 or she shall: (a) promote new efficient investment in interconnections. To this end, he or she shall assist transmission system operators in elaborating their regional interconnection plans 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 or she shall contribute to the coordination between transmission system operators, national regulatory authorities and other competent national public authorities with the elaboration of 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 difficulties or obstacles that may hinder progress.

2008/03/11
Committee: ECON

Christian EHLER

Proposal for a directive – amending act
Article 1 – point 4

Directive 2003/54/EC
Article 8 – paragraph 1 a (new)

1a. In order to ensure the independence of transmission system operators, Member States shall ensure that as from ...* vertically integrated undertakings shall comply with the provisions of Article 8(1a)(a) to (d) on ownership unbundling (OU), Article 10 on independent system operators (ISO), or Article 8c on effective and efficient unbundling (EEU). * one year after the date for transposition.

2008/03/11
Committee: ECON

Christian EHLER

Proposal for a directive – amending act
Article 1 – point 5

Directive 2003/54/EC
Article 8b – paragraph 13

13. The Commission ~~shall adopt~~may amend guidelines setting out the details of the procedure to be followed for the application of paragraphs 6 to 9. This measure designed to amend non-essential elements of this Directive by supplementing it shall be a~~dopt~~mended in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3).”

2008/03/11
Committee: ECON

Christian EHLER

Proposal for a directive – amending act
Article 1 – point 5

Directive 2003/54/EC
Article 8c (new)

Article 8c Effective and efficient unbundling of transmission systems 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 electricity transmission. In particular, the transmission system operator shall: (a) own assets that are necessary for the regular business of electricity transmission; (b) employ personnel necessary for the regular business of electricity transmission; (c) lease personnel and render services, from and to any branch of the vertically integrated undertaking performing functions of generation or supply, on a non-discriminatory basis only and subject to the approval of the national regulatory authority in order to exclude competition concerns and conflicts of interest; and (d) keep available appropriate financial resources for future investment projects. 2. The activities deemed necessary for the regular business of electricity transmission referred to in paragraph 1 shall include at least: (a) representing transmission system operators and contacts to third parties and the regulatory authorities; (b) granting and managing third-party access: (c) collecting access charges, congestion rents and payments under the inter- transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No 1228/2003; (d) operating, maintaining and developing the transmission system; (e) investment planning ensuring the long-term ability of the system to meet reasonable demand and guaranteeing security of supply; (f) legal services; and (g) accountancy and information technology services. 3. Transmission system operators shall take in the legal form of a joint-stock company. 4. Transmission system operators shall have their own corporate identity, significantly distinct from the vertically integrated undertaking, with separate branding, communication and premises. 5. Transmission system operators' accounts shall be audited by an auditor other than the auditor of the vertically integrated undertaking and all its affiliated companies. Independence of the transmission system operator's management, chief executive officer and executive board 6. Decisions regarding the appointment or any premature termination of employment of the transmission system operator's chief executive officer or member of its executive board and agreement or termination of employment contracts relating thereto shall be notified to the regulatory authority or any other competent national public authority. Those decisions and agreements may become binding only if the regulatory authority or any other competent national public authority has not used its right of veto within 3 weeks of notification. A veto may be used in the event that serious doubts arise in regard to the professional independence of a nominee for appointment on the one hand or the justification for the premature termination of employment on the other. 7. Effective rights of appeal to the regulatory authority or another competent national public authority or to a court shall be guaranteed for any complaints by the transmission system operator's management against a premature termination of employment. 8. After the termination of employment in the transmission system operator, a former chief executive officer or member of the executive board shall be prohibited from participating in any branch of the vertically integrated undertaking performing functions of generation or supply for a period of no less than 3 years. 9. A chief executive officer or member of the executive board shall hold no interest in or receive any compensation from any undertaking of the vertically integrated company other than the transmission system operator. His, her or their remuneration shall in no part depend on activities of the vertically integrated undertaking other than those of the transmission system operator. 10. A transmission system operator's chief executive officer or member of the executive board of the shall bear no responsibility, directly or indirectly, in the day-to-day operation of any other branch of the vertically integrated undertaking. 11. Without prejudice to the provisions set out in this Article, a transmission system operator shall have effective decision- making rights, independent from the integrated electricity undertaking, with respect to assets necessary to operate, maintain or develop the network. This shall 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 22c, in a subsidiary are protected. In particular, the parent company may approve the transmission system operator's annual financial plan, or any equivalent instrument, and set global limits on the levels of indebtedness of its subsidiary. The parent company shall give no instructions regarding day- to-day operations or with respect to individual decisions concerning the construction or upgrading of transmission lines that do not exceed the terms of the approved financial plan, or any equivalent instrument. Supervisory board and board of directors 12. A Chairperson of the transmission system operator's supervisory board or board of directors shall not participate in any branch of the vertically integrated undertaking performing functions of generation or supply. 13. The transmission system operator's supervisory board or board of directors shall include independent members, appointed for a term of at least 5 years. Their appointment shall be notified to the regulatory authority or any other competent national public authority and shall become binding subject to the conditions set out in paragraph 6. 14. For the purpose of paragraph 13, a member of a transmission system operator's supervisory board or board of directors shall be deemed to be independent if he or she is free of any business or other relationship with the vertically integrated undertaking or its controlling shareholders or the management of either, which creates a conflict of interest such as to impair his or her judgement, and, in particular, he or she: (a) has not been an employee of any branch of the vertically integrated undertaking performing functions of generation and supply in five years prior to his or her appointment to the supervisory board or board of directors; (b) does not hold any interest in or 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 appointment to the supervisory board or board of directors; and (d) is not a member of the executive board of a company in which the vertically integrated undertaking appoints members of the supervisory board or board of directors. Compliance officer 15. Member States shall ensure that transmission system operators establish and implement a compliance programme which sets out measures taken to ensure that discriminatory conduct is excluded. The programme shall set out the specific obligations of employees to meet that objective and shall be subject to approval of the regulatory authority or any other competent national public authority. Compliance with the programme shall be independently monitored by the compliance officer. The regulatory authority shall have the power to impose sanctions in the event of the inappropriate implementation of the compliance programme. 16. The transmission system operator's chief executive officer or executive board shall appoint a person or a body as a compliance officer in order to: (a) monitor the implementation of the compliance programme; (b) elaborate an annual report, setting out the measures taken in order to implement the compliance programme and submitting it to the regulatory authority; and (c) issue recommendations on the compliance programme and its implementation. 17. The independence of the compliance officer shall be guaranteed in particular by the terms of his or her employment contract. 18. The compliance officer shall have the opportunity regularly to address the supervisory board or board of directors of the transmission system operator, the vertically integrated undertaking, and the regulatory authorities. 19.The compliance officer shall attend all meetings of the supervisory board or board of directors of the transmission system operator that address the following areas: (a) conditions for access and connection to the grid, including the collection of access charges, congestion rents, and payments under the inter-transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No 1228/2003; (b) projects undertaken in order to operate, maintain and develop the transmission grid system, including interconnection and connection investments; (c) balancing rules, including reserve power rules; and (d) energy purchases in order to cover energy losses. 20. During the meetings referred to in paragraph 19, the compliance officer shall prevent information about generators or suppliers activities, which may be commercially advantageous, from being disclosed in a discriminatory manner to the supervisory board or board of directors. 21. The compliance officer shall have access to all the transmission system operator's relevant books, records and offices and to all the necessary information for the proper performance of his or her duties. 22. The compliance officer shall be appointed and removed from office by the chief executive officer or executive board subject to the prior approval of the regulatory authority.

2008/03/11
Committee: ECON

Christian EHLER

Proposal for a directive – amending act
Article 1 – point 8

Directive 2003/54/EC
Article 10a – paragraph 3

3. The Commission may adopt guidelines to ensure full and effective compliance of the transmission system owner 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 27b(3).”deleted

2008/03/11
Committee: ECON

Christian EHLER

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

Directive 2003/54/EC
Article 15 – paragraph 3

“3. Where the distribution system operator is part of a vertically integrated undertaking, Member States shall ensure that the activities of the distribution system operator isare monitored so that it cannot take advantage of its vertical integration to distort competition. In particular, vertically integrated distribution system operators shall not, in their communication ~~and branding~~, create confusion in respect of the separate identity of the supply branch of the vertically integrated undertaking.

2008/03/11
Committee: ECON

Christian EHLER

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

Directive 2003/54/EC
Article 15 – paragraph 4

4. The Commission may adopt guidelines to ensure full and effective compliance of the distribution system operator with paragraph 2 as regards the full independence of the distribution system operator, the absence of discriminatory behaviour, and that supply activities of the vertically integrated undertaking cannot take unfair advantage of its vertical integration. 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 27b(3).”deleted

2008/03/11
Committee: ECON

Christian EHLER

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22c – paragraph 14

14. The Commission may a~~dopt~~mend guidelines on the implementation by the regulatory authorities of the powers described in this Article. This measure designed to amend non-essential elements of this Directive by supplementing it shall be a~~dopt~~mended in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3)”.

2008/03/11
Committee: ECON

Christian EHLER

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22d – paragraph 4

4. The Commission may a~~dopt~~mend guidelines on the extent of the duties of the regulatory authorities to cooperate with each other and with the Agency, and on the situations in which the Agency becomes competent to decide upon the regulatory regime for infrastructures connecting at least two Member States. These measures, designed to amend non-essential elements of this Directive by supplementing it, shall be a~~dopt~~mended in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3)..

2008/03/11
Committee: ECON

Christian EHLER

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22e – paragraph 2

2. The Agency shall provide its opinion to the regulatory authority which has requested it or to the Commission, respectively, and to the regulatory authority which has taken the decision in question within ~~four~~two months..

2008/03/11
Committee: ECON

Christian EHLER

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22e – paragraph 9

9. The Commission shall adopt guidelines setting out the details of the procedure to be followed for the application 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 27b(3).deleted

2008/03/11
Committee: ECON

Christian EHLER

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22f – paragraph 4

4. To ensure the uniform application of this Article, the Commission may a~~dopt~~mend the guidelines which have defined the methods and arrangements for record keeping as well as the form and content of the data that sh~~all~~ould be kept. These measures, designed to amend non-essential elements of this Directive by supplementing it, shall be a~~dopt~~mended in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3).

2008/03/11
Committee: ECON

Christian EHLER

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22f – paragraph 5

5. With respect to transactions in electricity derivatives of supply undertakings with wholesale customers and transmission system operators, this Article shall only apply once the ~~Commission has adopted the~~ guidelines referred to in paragraph 4. have been adopted.

2008/03/11
Committee: ECON

Christian EHLER

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22c – paragraph 14

14. The Commission may a~~dopt~~mend guidelines on the implementation by the regulatory authorities of the powers described in this Article. This measure designed to amend non-essential elements of this Directive by supplementing it shall be a~~dopt~~mended in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3).

2008/03/19
Committee: ITRE

Christian EHLER

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22d - paragraph 4

4. The Commission may a~~dopt~~mend guidelines on the extent of the duties of the regulatory authorities to cooperate with each other and with the Agency, and on the situations in which the Agency becomes competent to decide upon the regulatory regime for infrastructures connecting at least two Member States. These measures, designed to amend non-essential elements of this Directive by supplementing it, shall be a~~dopt~~mended in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3).

2008/03/19
Committee: ITRE

Christian EHLER

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22e - paragraph 2

2. The Agency shall provide its opinion to the regulatory authority which has requested it or to the Commission, respectively, and to the regulatory authority which has taken the decision in question within ~~four~~two months.

2008/03/19
Committee: ITRE

Christian EHLER

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22e - paragraph 9

9. The Commission shall adopt guidelines setting out the details of the procedure to be followed for the application 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 27b(3).deleted

2008/03/19
Committee: ITRE

Christian EHLER

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22f – paragraph 4

4. To ensure the uniform application of this Article, the Commission may a~~dopt~~mend the guidelines which defined the methods and arrangements for record keeping as well as the form and content of the data that shall be kept. These measures, designed to amend non-essential elements of this Directive by supplementing it, shall be a~~dopt~~mended in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3).

2008/03/19
Committee: ITRE

Christian EHLER

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22f – paragraph 5

5. With respect to transactions in electricity derivatives of supply undertakings with wholesale customers and transmission system operators, this Article shall only apply once the ~~Commission has adopted the~~ guidelines referred to in paragraph 4 have been adopted.

2008/03/19
Committee: ITRE