31 Amendments of Christian EHLER related to 2007/0196(COD)
Amendment 14 #
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 18 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 2003/55/EC
Article 3 – paragraph 7
Article 3 – paragraph 7
'7. The Commission may adoptmend guidelines for the implementation of this Article. This measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adoptmended in accordance with the regulatory procedure with scrutiny referred to in Article 30 (3).'
Amendment 20 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/55/EC
Article 5a – paragraph 4
Article 5a – paragraph 4
4. The Commission may adoptmend guidelines for regional solidarity cooperation. This measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adoptmended in accordance with the regulatory procedure with scrutiny referred to in Article 30 (3).
Amendment 26 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/55/EC
Article 7b – paragraph 13
Article 7b – paragraph 13
13. The Commission shall adoptmay 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 adoptmended in accordance with the regulatory procedure with scrutiny referred to in Article 30(3).
Amendment 33 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/55/EC
Article 9a
Article 9a
Article deleted
Amendment 35 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/55/EC
Article 9a – paragraph 3
Article 9a – paragraph 3
3. The Commission may adoptmend guidelines to ensure full and effective compliance of the transmission system owner and of the storage operator with paragraph 2 of this Article. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adoptmended in accordance with the regulatory procedure with scrutiny referred to in Article 30(3).
Amendment 39 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2003/55/EC
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 41 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2003/55/EC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The Commission may adoptmend 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 adoptmended in accordance with the regulatory procedure with scrutiny referred to in Article 30(3).
Amendment 43 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Within two months after receiving a notification, the Commission may take a decision requiring the regulatory authority to amend or withdraw the decision to grant an exemption. That period shall begin on the day following the receipt of the notification. The two month period may be extended by two additional months where additional information is sought by the Commission. That period shall begin on the day following the receipt of the complete additional information. The two month period can also be extended with the consenIf the infrastructure concerned is located in more than one Member State, a review by the Commission of the agency's decision shall not be necessary. The Commission's approval of an exemption decision shall lose its effect oif both the Commissconstruction andof the regulatory authority. Where the requested information is not provided within the period set out in the request, the notification shall be deemed to be withdrawn unless, before the expiry of that period, either the period has been extended with the consent of both the Commission and the regulatory authority, or the regulatory authority, in a duly reasoned statement, has informed the Commission that it considers the notification toinfrastructure has not started within five years after all necessary national and regional authority decisions and approvals have been issued. The Commission's decision shall also lose its effect if the infrastructure has not be complete. The regulatory authority shall comply with the Commission decision to amend or withdraw the exemption decision within a period of four weeks and shall inform the Commission accordingly. The Commission shall preserve the confidentiality of commercially sensitive information. The Commission's approval of an exemption decision shall lose its effect after two years from its adoption if construction of the infrastructure has not yet started, and after five years if the infrastructure has not become operationale operational within five years after all necessary national and regional authority decisions and approvals have been issued. Should construction of large infrastructure facilities be delayed because of unforeseeable circumstances, the investor shall report this to the regulatory authority and may apply for an appropriate extension to the periods referred to.
Amendment 44 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 6
Article 22 – paragraph 6
The Commission may adoptmend guidelines for the application of the conditions mentioned in paragraph 1 and to set out the procedure to be followed for the application of paragraphs 4 and 5. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adoptmended in accordance with the regulatory procedure with scrutiny referred to in Article 30 (3).
Amendment 56 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 14
Article 24c – paragraph 14
14. The Commission may adoptmend 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 adoptmended in accordance with the regulatory procedure with scrutiny referred to in Article 30(3).
Amendment 57 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24d – paragraph 4
Article 24d – paragraph 4
4. The Commission may adoptmend 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 adoptmended in accordance with the regulatory procedure with scrutiny referred to in Article 30(3).
Amendment 58 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24e – paragraph 2
Article 24e – 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 fourtwo months.
Amendment 59 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24e – paragraph 9
Article 24e – paragraph 9
9. The Commission shall adoptmend 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 adoptmended in accordance with the regulatory procedure with scrutiny referred to in Article 30(3).
Amendment 60 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24f – paragraph 1
Article 24f – paragraph 1
1. Member States shall require supply undertakings to keep at the disposal of the national regulatory authority, the national competition authority and the Commission, for at least fivthree years, the relevant data relating to all transactions in gas supply contracts and gas derivatives with wholesale customers and transmission system operators as well as storage and LNG operators.
Amendment 62 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24f – paragraph 2
Article 24f – paragraph 2
2. The data shallmay include details on the characteristics of the relevant transactions such as duration, delivery and settlement rules, the quantity, the dates and times of execution and the transaction prices and means of identifying the wholesale customer concerned, as well as specified details of all unsettled gas supply contracts and gas derivatives.
Amendment 64 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24f – paragraph 4
Article 24f – paragraph 4
4. To ensure the uniform application of this Article, the Commission may adoptmend guidelines which define 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 adoptmended in accordance with the regulatory procedure with scrutiny referred to in Article 30(3).
Amendment 65 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24f – paragraph 5
Article 24f – paragraph 5
5. With respect to transactions in gas derivatives of supply undertakings with wholesale customers and transmission system operators as well as storage and LNG operators, this Article shall only apply once the Commission has adopted the guidelines referred to in paragraph 4 have been adopted.
Amendment 174 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 2003/55/EC
Article 3 – paragraph 7
Article 3 – paragraph 7
7. The Commission may adoptmend guidelines for the implementation of this Article. This measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adoptmended in accordance with the regulatory procedure with scrutiny referred to in Article 30 (3).
Amendment 187 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/55/EC
Article 5a – paragraph 4
Article 5a – paragraph 4
4. The Commission may adoptmend guidelines for regional solidarity cooperation. This measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adoptmended in accordance with the regulatory procedure with scrutiny referred to in Article 30 (3).
Amendment 227 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/55/EC
Article 7b – paragraph 13
Article 7b – paragraph 13
13. The Commission shall adoptmay 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 adoptmended in accordance with the regulatory procedure with scrutiny referred to in Article 30(3).
Amendment 248 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/55/EC
Article 9a
Article 9a
Amendment 271 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/55/EC
Article 9a – paragraph 3
Article 9a – paragraph 3
3. The Commission may adoptmend guidelines to ensure full and effective compliance of the transmission system owner and of the storage operator with paragraph 2 of this Article. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adoptmended in accordance with the regulatory procedure with scrutiny referred to in Article 30(3).
Amendment 283 #
Proposal for a directive – amending act
Article 1 – point 10 – point (c)
Article 1 – point 10 – point (c)
Directive 2003/55/EC
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 357 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The Commission may adoptmend guidelines for the application of the conditions mentioned in paragraph 1 and to set out the procedure to be followed for the application of paragraphs 4 and 5. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adoptmended in accordance with the regulatory procedure with scrutiny referred to in Article 30 (3).
Amendment 496 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 14
Article 24c – paragraph 14
14. The Commission may adoptmend 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 adoptmended in accordance with the regulatory procedure with scrutiny referred to in Article 30(3).n.
Amendment 504 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24e – paragraph 2
Article 24e – 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 fourtwo months.
Amendment 505 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24e – paragraph 9
Article 24e – paragraph 9
9. The Commission shall adoptmend 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 adoptmended in accordance with the regulatory procedure with scrutiny referred to in Article 30(3).
Amendment 508 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24f – paragraph 1
Article 24f – paragraph 1
1. Member States shall require supply undertakings to keep at the disposal of the national regulatory authority, the national competition authority and the Commission, for at least fivthree years, the relevant data relating to all transactions in gas supply contracts and gas derivatives with wholesale customers and transmission system operators as well as storage and LNG operators.
Amendment 518 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24f – paragraph 4
Article 24f – paragraph 4
4. To ensure the uniform application of this Article, the Commission may adoptmend guidelines which define 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 adoptmended in accordance with the regulatory procedure with scrutiny referred to in Article 30(3).
Amendment 521 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24f – paragraph 5
Article 24f – paragraph 5
5. With respect to transactions in gas derivatives of supply undertakings with wholesale customers and transmission system operators as well as storage and LNG operators, this Article shall only apply once the Commission has adopted the guidelines referred to in paragraph 4 have been adopted.