70 Amendments of Christian EHLER related to 2007/0197(COD)
Amendment 48 #
Proposal for a regulation
Article 1
Article 1
An Agency for the Cooperation of Energy Regulators, hereinafter referred to as ‘the Agency’ is established for the purpose of complementing at Community level - if at least two Member States are involved - the regulatory tasks performed at national level by the regulatory authorities mentioned in Article 22a of Directive 2003/54/EC and Article 24a of Directive 2003/55/EC, and, where necessary, to coordinate their action.
Amendment 50 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. In each Member State, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under national law. It may, in particular, acquire or dispose of movable and immovable property and beis a party to legal proceedings.
Amendment 51 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. The seat of the Agency shall be located in [place]Potsdam. Until its premises are ready, it will be hosted on Commission premises.
Amendment 54 #
Proposal for a regulation
Article 4 – point (a)
Article 4 – point (a)
(a) issue opinions addressed to transmission system operators;Does not affect English version.)
Amendment 56 #
Proposal for a regulation
Article 1
Article 1
An Agency for the Cooperation of Energy Regulators, hereinafter referred to as ‘the Agency’ is established for the purpose of complementing at Community level – where at least two Member States are involved – the regulatory tasks performed at national level by the regulatory authorities mentioned in Article 22a of Directive 2003/54/EC and Article 24a of Directive 2003/55/EC, and, where necessary, to coordinate their action.
Amendment 57 #
Proposal for a regulation
Article 5
Article 5
The Agency may, upon a request from the European Parliament, the Council or the Commission or on its own initiative, provide an opinion to the European Parliament, the Council and the Commission on all issues related to the purpose for which it has been established.
Amendment 58 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. In each Member State, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under national law. It may, in particular, acquire or dispose of movable and immovable property and be a party to legal proceedings.
Amendment 59 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. The seat of the Agency shall be located in [place]Potsdam. Until its premises are ready, it will be hosted on Commission premises.
Amendment 61 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Agency may provide an opinion to the European Network of Transmission System Operators for Electricity as provided for in Article 2d(2) of Regulation (EC) No 1228/2003 and to the European Network of Transmission System Operators for Gas as provided for in Article 2d(2) of Regulation (EC) No 1775/2005 on the technical or market codes, on the draft annual work programme and the draft 10-year investment planshall approve the codes and rules (including the 10 year investment plan with the obstacles to cross-border network development caused by differing authorisation procedures or practices ) to ensure non discrimination, effective competition and the efficient and secure functioning of the market.
Amendment 64 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
(3a) The Agency shall, on its own initiative or at the request of the Commission, advise the Commission in regard to preparing strategic guidelines for the European Network of Transmission System Operators, in which to prepare codes and rules (including technical codes, common network operation tools and research plans, a 10- year investment plan including, every three years, a generation adequacy outlook, and an annual work programme) as provided in Article 2c(1)(a) and (c) of Regulation (EC) No 1228/2003 and Article 2c(1)(a) and (c) of Regulation (EC) No 1775/2005, including, where appropriate, the adoption of mandatory guidelines. The Agency shall, on its own initiative or at the request of the Commission, advise the Commission in regard to preparing market codes, including the adoption of mandatory guidelines.
Amendment 65 #
Proposal for a regulation
Article 4
Article 4
The Agency mayshall: (a) issue opinions addressed to transmission system operators; (b) issue opinions addressed to regulatory authorities; (c) issue opinions and recommendations addressed to the Commission; (d) take individual decisions in specific cases referred to in Articles 6, 7 and 8.
Amendment 66 #
Proposal for a regulation
Article 4 – point a
Article 4 – point a
(a) issue opinions addressed to transmission system operatorsDoes not affect EN text;
Amendment 67 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 73 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Agency shall provide an opinion, at the request of any regulatory authority or of the Commission, on whether a decision taken by a regulatory authority complies with the Guidelines referred to in Directive 2003/54/EC, Directive 2003/55/EC, Regulation (EC) No 1228/2003 or Regulation (EC) No 1775/2005.
Amendment 74 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Where a national regulatory authority does not comply with the opinion of the Agency as referred to in paragraph 4 within four months from the date of receipt, the Agency shall inform the CommissGovernment of the Member State in question.
Amendment 75 #
Proposal for a regulation
Article 5
Article 5
The Agency may, upon a request from the European Parliament, the Council or the Commission or on its own initiative, provide an opinion to the European Parliament, the Council and the Commission on all issues related to the purpose for which it has been established.
Amendment 75 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. When a national regulatory authority encounters, in a specific case, difficulties with the application of the Guidelines referred to in Directive 2003/54/EC, Directive 2003/55/EC, Regulation (EC) No 1228/2003 or Regulation (EC) No 1775/2005, it may ask the Agency for an opinion. The Agency shall deliver its opinion after consulting the Commission within fourwithin two months.
Amendment 79 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 81 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Administrative Board shall be composed of twelve members. Six shall be appointed by the Commission, and six by the Council. The term of office shall be five years, renewable once.
Amendment 84 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Meetings of the Administrative Board shall be convened by its Chairperson. The Director of the Agency shall participate in the deliberations unless the Administrative Board decides otherwise. The Administrative Board shall meet at least twice a year in ordinary session. It shall also meet at the initiative of its Chairperson, at the request of the European Parliament, the Council, or the Commission or at the request of at least a thirdquarter of its members. The Administrative Board may invite any person with potentially relevant opinionstake a unanimous decision to invite a third party to attend its meetings in the capacity of an observer. The members of the Administrative Board may, subject to the rules of procedure, be assisted by advisers or by experts. The Administrative Board’s secretarial services shall be provided by the Agency.
Amendment 85 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. DUnless otherwise stipulated by this Regulation or the rules of procedure, decisions of the Administrative Board shall be adopted on the basis of a majority two- thirds majority of the members present.
Amendment 86 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Agency may provide an opinion to the European Network of Transmission System Operators for Electricity as provided for in Article 2d(2) of Regulation (EC) No 1228/2003 and to the European Network of Transmission System Operators for Gas as provided for in Article 2d(2) of Regulation (EC) No 1775/2005 on the technical or market codes, on the draft annual work programme and the draft 10-year investment planshall approve the codes and rules (including the 10 year investment plan with the obstacles to cross-border network development caused by differing authorisation procedures or practices ) to ensure non discrimination, effective competition and the efficient and secure functioning of the market.
Amendment 86 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Each member shall have one vote. The rules of procedure shall set out in greater detail the arrangements governing voting, especially the conditions whereby one member can act on behalf of another and also, where appropriate, the rules governing quorums.
Amendment 88 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Administrative Board shall, after having consultedin agreement with the Board of Regulators, appoint the Director in accordance with Article 13(2).
Amendment 90 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Agency may provide an opinion toAfter consultation with all stakeholders, the Agency shall prepare Strategic Guidelines for the European Network of Transmission System Operators for Electricity as provided for in Article 2d(2) of Regulation (EC) No 1228/2003 and tofor the European Network of Transmission System Operators for Gas as provided for in Article 2d(2) of Regulation (EC) No 1775/2005 oin the technical or market codes, on the draft annual work programme and the draft 10-year areas listed in Article 2c(3) and (5) of Regulation (EC) 1228/2003 and in Article 2c(3) and (5) of Regulation (EC) 1775/2005. These Strategic Guidelines shall ensure non- discrimination, effective competition and the efficient functioning of the market. Once prepared, the Agency shall transmit the draft Strategic Guidelinvestment plan to the Commission, which may adopt these Strategic Guidelines.
Amendment 93 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Board of Regulators shall act by a majority of two-thirds of its members. Each member or alternate shall have one vote. Votes shall be weighted as they are in the Council.
Amendment 97 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
Amendment 99 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Board of Regulators shall provide an opinionits assent to the Director before the adoption of the opinions, recommendations and decisions referred to in Articles 5, 6, 7 and 8. In addition, the Board of Regulators, within its field of competence, shall provide guidance to the Director in the execution of the Director's tasks. The Director should execute his or her task in accordance with the decisions of the Board of Regulators, which should be the only decision-making body of the Agency as far as regulation is concerned.
Amendment 101 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. After consultation with all stakeholders, the Agency shall prepare Strategic Guidelines on market codes. Once prepared, the Agency shall transmit the draft Strategic Guidelines on market codes to the Commission, which may adopt these Strategic Guidelines.
Amendment 104 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Director shall be appointed by the Administrative Board, on the basis of merit as well as skills and experience, from a list of at least twofive candidates proposed by the Commission, following a call for expression of interest. Before appointment, the candidate selected by the Administrative Board may be invited toshall make a statement before the competent committee of the European Parliament and answer questions put by its members. The European Parliament has the right of veto.
Amendment 105 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 106 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 107 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. If the term of office is not extended, tThe Director shall remain in office until the appointment of his/her successor.
Amendment 108 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The Director may be removed from office only upon a decision by the Administrative Board, after consulting the Board of Regulators. The Administrative Board shall reach this decision on the basis of a majority of three quarters of its memberthe votes.
Amendment 110 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Director shall adopts the opinions, recommendations and decisions referred to in Articles 5, 6, 7 and 8, subject to the assent of the Board of Regulators.
Amendment 112 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The members of the Board of Appeal shall be appointed by the Administrative Board, on a consensus proposal from the Council and the Commission, following a call for expression of interest, after consultation of the Board of Regulators.
Amendment 113 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The Agency shall provide a duly justified opinion to the Commission, in accordance with Article 2e(2) of Regulation (EC) No 1228/2003 and Article 2e(2) of Regulation (EC) No 1775/2005 where it considers that a draft technical or market code does not ensure non- discrimination, effective competition and the efficient functioning of the market, that a technical or market code has not been adopted within a reasonable period of time or that the transmission system operators fail to implement a technical or market code.
Amendment 115 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 115 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The term of office of the members of the Board of Appeal shall be fivesix years. This term shall be renewable. The members of the Board of Appeal shall be independent in making their decisions; they shall not be bound by any instructions. They may not perform any other duties in the Agency, in its Administrative Board or in its Board of Regulators. A member of the Board of Appeal may not be removed during his or her term of office, unless he or she has been found guilty of serious misconduct, and the Administrative Board, after consulting the Board of Regulators, takes a decision to this effect.
Amendment 122 #
Proposal for a regulation
Article 28
Article 28
Amendment 124 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The first evaluation report shall be presented by the Commission to the European Parliament and the Council at the latest fourtwo years after the first Director has taken up his or her duties. The Commission shall then present an evaluation report at least every fivthree years.
Amendment 126 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Agency shall provide an opinion, at the request of any regulatory authority or of the Commission, on whether a decision taken by a regulatory authority complies with the Guidelines referred to in Directive 2003/54/EC, Directive 2003/55/EC, Regulation (EC) No 1228/2003 or Regulation (EC) No 1775/2005.
Amendment 127 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Where a national regulatory authority does not comply with the opinion of the Agency as referred to in paragraph 4 within four months from the date of receipt, the Agency shall inform the Commissgovernment of the Member State in question..
Amendment 127 #
Proposal for a regulation
Article 31 - title
Article 31 - title
Entry into force and, transitory measures and expiry
Amendment 128 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Where a national regulatory authority does not comply with the opinion of the Agency as referred to in paragraph 4 within four months from the date of receipt, the Agency shall inform the Commission and the government of the Member State in question.
Amendment 128 #
Proposal for a regulation
Article 31 - paragraph 2 a (new)
Article 31 - paragraph 2 a (new)
(2a) This Regulation shall expire on 1 January 2015.
Amendment 129 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. When a national regulatory authority encounters, in a specific case, difficulties with the application of the Guidelines referred to in Directive 2003/54/EC, Directive 2003/55/EC, Regulation (EC) No 1228/2003 or Regulation (EC) No 1775/2005, it may ask the Agency for an opinion. The Agency shall deliver its opinion after consulting the Commission within fourwithin two months.
Amendment 145 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Administrative Board shall be composed of twelfive members. SixTwo shall be appointed by the Commission, two by the Council and sixone by the CouncilEuropean Parliament. The term of office shall be five years, renewable once.
Amendment 148 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Administrative Board shall be composed of twelve members. Six shall be appointed by the Commission, and six by the Council. The term of office shall be five years, renewable once..
Amendment 149 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The members of the Administrative Board shall be independent from national governments.
Amendment 151 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Meetings of the Administrative Board shall be convened by its Chairperson. The Chairperson of the Board of Regulators or his/her nominee from that Board and the Director of the Agency shall participate without the right to vote, in the deliberations unless the Administrative Board decides otherwise. The Administrative Board shall meet at least twice a year in ordinary session. It shall also meet at the initiative of its Chairperson, at the request of the Commission or at the request of at least a third of its members. The Administrative Board may invite any person with potentially relevant opinions to attend its meetings in the capacity of an observer. The members of the Administrative Board may, subject to the rules of procedure, be assisted by advisers or by experts. The Administrative Board’s secretarial services shall be provided by the Agency.
Amendment 152 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Meetings of the Administrative Board shall be convened by its Chairperson. The Director of the Agency shall participate in the deliberations unless the Administrative Board decides otherwise. The Administrative Board shall meet at least twice a year in ordinary session. It shall also meet at the initiative of its Chairperson, at the request of the European Parliament, the Council or the Commission or at the request of at least a thirdquarter of its members. The Administrative Board may, by a unanimous decision, invite any person with potentially relevant opinions to attend its meetings in the capacity of an observer. The members of the Administrative Board may, subject to the rules of procedure, be assisted by advisers or by experts. The Administrative Board’s secretarial services shall be provided by the Agency.
Amendment 157 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Decisions of the Administrative Board shall be adopted on the basis of a majority two-thirds majority of the members present, except where provided otherwise in this Regulation or in the statutes.
Amendment 159 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Each member shall have one vote. The rules of procedure shall set out in greater detail the arrangements governing voting, especially the conditions whereby one member can act on behalf of another and also, where appropriate, the rules governing quorums.
Amendment 166 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Administrative Board shall, after having consultedin agreement with the Board of Regulators, appoint the Director in accordance with Article 13(2).
Amendment 191 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Board of Regulators shall act by a majority of two-thirds of it members. Eachtwo-thirds majority. Votes shall be weighted in the same way that the votes of members or alternate shall have one votef the Council are under Article 205 (2) of the Treaty.
Amendment 192 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Board of Regulators shall act by a majority of two-thirds of it members. Each member or alternate shall have one vottwo-thirds majority. Votes shall be weighted in the same way that the votes of members of the Council are.
Amendment 212 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Board of Regulators shall provide an opinionits assent to the Director before the adoption of the opinions, recommendations and decisions referred to in Articles 5, 6, 7 and 8. In addition, the Board of Regulators, within its field of competence, shall provide guidance to the Director in the execution of the Director's tasks. The Director should execute her/his task in accordance with the decisions of the Board of Regulators, which should be, as far as regulation is concerned, the only decision-making body of the Agency.
Amendment 238 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Director shall be appointed by the Administrative Board, on the basis of merit as well as skills and experience, from a list of at least twofive candidates proposed by the Commission, following a call for expression of interest. Before appointment, the candidate selected by the Administrative Board may be invited toshall make a statement before the competent committee of the European Parliament and answer questions put by its members. The European Parliament may veto the candidate's appointment.
Amendment 240 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 246 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 248 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. If the term of office is not extended, tThe Director shall remain in office until the appointment of his/her successor.
Amendment 257 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The Director may be removed from office only upon a decision by the Administrative Board, after consulting the Board of Regulators. The Administrative Board shall reach this decision on the basis of a majority ofcomprising three quarters of its membervotes.
Amendment 264 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Director shall adopts the opinions, recommendations and decisions referred to in Articles 5, 6, 7 and 8, subject to the assent of the Board of Regulators.
Amendment 271 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The members of the Board of Appeal shall be appointed by the Administrative Board, on a proposal fromjointly agreed proposal from the Council and the Commission, following a call for expression of interest, after consultation of the Board of Regulators.
Amendment 276 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The term of office of the members of the Board of Appeal shall be fivesix years. This term shall be renewable. The members of the Board of Appeal shall be independent in making their decisions; they shall not be bound by any instructions. They may not perform any other duties in the Agency, in its Administrative Board or in its Board of Regulators. A member of the Board of Appeal may not be removed during his or her term of office, unless he or she has been found guilty of serious misconduct, and the Administrative Board, after consulting the Board of Regulators, takes a decision to this effect.
Amendment 289 #
Proposal for a regulation
Article 28
Article 28
Amendment 293 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The first evaluation report shall be presented by the Commission to the European Parliament and the Council at the latest fourtwo years after the first Director has taken up his or her duties. The Commission shall then present an evaluation report at least every five years.
Amendment 294 #
Proposal for a regulation
Article 31 – title
Article 31 – title
Entry into force and, transitory measures and expiry
Amendment 295 #
Proposal for a regulation
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
2a. This Regulation shall expire on 1 January 2015.