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58 Amendments of Rebecca HARMS related to 2007/0196(COD)

Amendment 42 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Recital 4 a (new)
(4a) Markets in many Member States are dominated by large players. National regulatory authorities should be given the power to identify market dominance by gas undertakings and impose the necessary measures to ensure that no company holds more than 30%, the three largest companies do not hold more than 50% and the five largest companies not more than 66,7% of the relevant market share. The relevant market should be defined by the Commission and should take into account any changes to the geographic scope of the market.
2008/04/07
Committee: ITRE
Amendment 87 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Recital 15 a (new)
(15a) In a well-functioning market, the provision of storage services could be a competitive activity across most of Europe. Member States and national regulatory authorities need to ensure that conditions placed on storage operators aim to achieve the goal of a competitive storage market.
2008/04/07
Committee: ITRE
Amendment 92 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Recital 16 a (new)
(16a) Member States should take concrete measures to assist the wider use of biogas and gas from biomass, which must be granted non-discriminatory access to the gas system, provided such access is permanently compatible with the relevant technical rules and safety standards.
2008/04/07
Committee: ITRE
Amendment 105 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Recital 21 a (new)
(21a) Energy regulators and financial market regulators need to cooperate in order to enable each other to have an overview over the markets concerned, and should have the power to obtain relevant information from energy companies through appropriate and sufficient powers for investigation and for dispute settlement, and to impose effective sanctions.
2008/04/07
Committee: ITRE
Amendment 118 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Recital 25 a (new)
(25a) The development of a truly European pipeline network should be the goal of this Directive and to this end regulatory issues on cross-border interconnections and regional markets should be the responsibility of the Agency.
2008/04/07
Committee: ITRE
Amendment 128 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point –1 a (new)
Directive 2003/55/EC
Article 1 – paragraph 1
(–1a) In Article 1, paragraph 1 shall be replaced by the following: "1. This Directive establishes common rules for the production, transmission, distribution, [...] storage and supply of natural gas with a view to creating integrated and competitive energy markets in the European Union. It lays down the rules relating to the organisation and functioning of the natural gas sector, access to the market, the criteria and procedures applicable to calls for tenders and the granting of authorisations [...] and the operation of networks. It also sets out universal service obligations and rights for gas consumers and clarifies competition obligations." Or. en (Adding new elements to Article 1 paragraph 1 of Directive 2003/55/EC)
2008/04/07
Committee: ITRE
Amendment 131 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 1 – point (–a) (new)
Directive 2003/55/EC
Article 2 – point 3
(Clarification of the definition of 'transmission' in Article 2 - point 3 of Directive 2003/55/EC)(–a) point 3 shall be replaced by the following: "3. ‘transmission' means the transport of natural gas through a [...]network containing mainly high pressure pipelines, other than an upstream pipeline network and other than the part of high pressure pipelines primarily used in the context of local distribution of natural gas, with a view to its delivery to customers, but not including supply;" Or. en
2008/04/07
Committee: ITRE
Amendment 134 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 1 – point (–a a) (new)
Directive 2003/55/EC
Article 2 – point 9
(–aa) point 9 shall be replaced by the following: “9. ‘storage facility’ means a facility used for the stocking of natural gas and owned and/or operated by a natural gas undertaking, including the part of LNG facilities used for storage but excluding the portion used exclusively for production operations, and excluding facilities reserved exclusively for transmission system operators in carrying out their functions;” Or. en (Clarification of the definition of 'storage facility' in Article 2 - point 9 of Directive 2003/55/EC)
2008/04/07
Committee: ITRE
Amendment 135 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 1 – point (– a b) (new)
Directive 2003/55/EC
Article 2 – point 14
(Deletion of the last part of the existing definition of 'ancillary servic(–ab) point 14 shall be replaced by the following: “14. ‘ancillary services' means all services necessary for access to and the operation of transmission and/or distribution networks and/or LNG facilities and/or storage facilities' in Article 2 - point 14cluding load balancing [...];” Or. en of Directive 2003/55/EC)
2008/04/07
Committee: ITRE
Amendment 137 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 1 – point (–a c) (new)
Directive 2003/55/EC
Article 2 – point 14 a (new)
(–ac) the following point shall be inserted: “14a. 'fair competition in an open market' means working towards a position where no company may hold more than 30% of the relevant market and where the three largest companies are not holding more than 50% and the five largest companies not more than 66,7% of market share in the relevant market;”
2008/04/07
Committee: ITRE
Amendment 138 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 1 – point (–a d) (new)
Directive 2003/55/EC
Article 2 – point 17
(Clarification of the existing definition of 'interconnector' in Article 2 - point 17 of Directive(–ad) point 17 shall be replaced by the following: “17. ‘interconnector' means a transmission pipeline which crosses or spans a border between Member States for the main purpose of connecting the national transmission systems of these Member States;” Or. en 2003/55/EC)
2008/04/07
Committee: ITRE
Amendment 142 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 1 – point (b a) (new)
Directive 2003/55/EC
Article 2 – point 36 a (new)
(ba) the following point shall be added: "36a. “project of priority interest to the European Union” means a gas infrastructure project that will lead to a new source of gas being provided to the Union and where the share of gas supply in more than one country of the Union leads to an increased diversification of the current gas supplies." Or. en (Adding a new point 36a to Article 2of Directive 2003/55/EC)
2008/04/07
Committee: ITRE
Amendment 151 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 1 – point (b b) (new)
Directive 2003/55/EC
Article 2 – point 36 b (new)
(bb) the following point shall be added: "36b. ‘blending services’ means the treatment of out of specification gas with other gas sources so that the resulting mix is within the allowable gas quality specification range. This service is carried out by a gas treatment operator." Or. en (Adding a new point 36b to Article 2 of Directive 2003/55/EC)
2008/04/07
Committee: ITRE
Amendment 152 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 1 – point (b c) (new)
Directive 2003/55/EC
Article 2 – point 36 c (new)
(bc) the following point shall be added: "36c. ‘ballasting services’ means the treatment of gas with nitrogen to allow derichment of the gas and to bring it in line with prevailing gas quality specifications. This service is carried out by a gas treatment operator." Or. en (Adding a new point 36c to Article 2 of Directive 2003/55/EC)
2008/04/07
Committee: ITRE
Amendment 153 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 1 – point (b d) (new)
Directive 2003/55/EC
Article 2 – point 36 d (new)
(bd) the following point shall be added: "36d. ‘gas treatment facility’ means a facility used in the provision of blending and/or ballasting services for the treatment of natural gas owned and/or operated by a natural gas undertaking." Or. en (Adding a new point 36d to Article 2 of Directive 2003/55/EC)
2008/04/07
Committee: ITRE
Amendment 154 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 1 – point (b e) (new)
Directive 2003/55/EC
Article 2 – point 36 e (new)
(be) the following point shall be added: "36e. ‘gas treatment operator’ means a natural or legal person who carries out the function of gas treatment and is responsible for operating a gas treatment facility." Or. en (Adding a new point 36e to Article 2 of Directive 2003/55/EC)
2008/04/07
Committee: ITRE
Amendment 156 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 1 a (new)
Directive 2003/55/EC
Article 3 – paragraph 2
(1a) In Article 3, paragraph 2 shall be replaced by the following: "2. Having full regard to the relevant provisions of the Treaty, in particular Article 86 thereof, Member States may impose on undertakings operating in the gas sector, in the general economic interest, public service obligations which may relate to security, including security of supply, regularity, quality and price of supplies, and environmental protection, including energy efficiency, renewable energy and climate protection. Such obligations shall be clearly defined, transparent, non discriminatory, verifiable and shall guarantee equality of access for EU gas companies to national consumers. In relation to security of supply, energy efficiency/demand-side management and for the fulfilment of environmental and renewable energy targets, as referred to in this paragraph, Member States may introduce the implementation of long term planning, taking into account the possibility of third parties seeking access to the system." Or. en (Adding new elements to Article 3 paragraph 2 of Directive 2003/55/EC)
2008/04/07
Committee: ITRE
Amendment 157 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 1 b (new)
Directive 2003/55/EC
Article 3 – paragraph 3
(1b) In Article 3, paragraph 3shall be replaced by the following: "3. Member States shall take appropriate measures to address energy poverty in National Energy Action Plans in order to ensure that the number of people in energy poverty decreases in real terms, and shall communicate such measures to the Commission. Member States may take an integrated approach to ensure that universal service obligations and public service obligations are met. Such measures may include special tariffs for vulnerable consumers and individual households and shall include energy efficiency improvements. The Commission shall provide indicators to monitor the impact of such measures on energy poverty. Such measures shall not impede the opening of the market set out in Article 23. In this context, Member States shall ensure that distribution companies follow strict procedures to avoid disconnection of household customers, taking into account vulnerable and energy poor consumers. Member States shall establish definitions of vulnerable and energy poor consumers and shall ensure that rights and obligations linked to vulnerable and energy poor customers are applied." Or. en (Replacing Article 3 paragraph 3 of Directive 2003/55/EC by a nearly complete new paragraph)
2008/04/07
Committee: ITRE
Amendment 167 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 1 f (new)
Directive 2003/55/EC
Article 3 – paragraph 6 a (new)
(Adding a new paragraph after paragraph 6 of Article 3 of Directive 2003/55/EC)(1f) In Article 3, the following paragraph shall be inserted: "6a. In order to promote energy efficiency and help reduce energy poverty, national regulatory authorities shall mandate gas suppliers to introduce pricing formulas which involve increasing block tariffs whereby the price increases for greater levels of consumption. National regulatory authorities shall ensure that the part of consumption which is subject to the lower price is equal to the typical consumption of low income households." Or. en
2008/04/07
Committee: ITRE
Amendment 173 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 2
Directive 2003/55/EC
Article 3 – paragraph 7
7. The Commission mayshall adopt guidelines for the implementation of this Article. This measure, designed to amend non-essential elements of this Directive by supplementing and clarifying it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 30 (3).
2008/04/07
Committee: ITRE
Amendment 176 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 2 a (new)
Directive 2003/55/EC
Article 3 a (new)
(2a) The following Article shall be inserted: "Article 3a Transparency and publication of information to final customers 1. Member States shall ensure that transparent, comparable, adequate and up-to-date information on applicable prices and tariffs, and on standard terms and conditions, in respect of access to and use of the services identified in Article 3 is available to final customers, in accordance with the provisions of Annex A. System users, and where applicable distribution system operators, shall publish such information in an easily accessible form. 2. National regulatory authorities shall ensure the provision of information to enable final customers to make an independent evaluation of the cost of alternative usage patterns, by means of interactive guides or similar techniques. Member States shall ensure that national regulatory authorities make such guides or techniques available, when these are not available on the market. 3. Member States shall ensure that national regulatory authorities are able to oblige system users, and where warranted distribution system operators, to provide applicable tariff information to customers at the time and point of purchase to ensure that customers are fully informed of pricing conditions." Or. en (Adding a new Article 3a to Directive 2003/55/EC)
2008/04/07
Committee: ITRE
Amendment 193 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 3
Directive 2003/55/EC
Article 5b
Member States and their national regulatory authorities 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 fos with the aim of creating a competitive internal market, and shall facilitater the charmonsistencyation 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) No1775/2005.
2008/04/10
Committee: ITRE
Amendment 202 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 4
Directive 2003/55/EC
Article 7 – paragraph 4
4. Member States may allow for derogations from paragraphs 1(b) and 1(c) until [date of transposition plus two years], provided that transmission system operators are not part of a vertically integrated undertaking.deleted
2008/04/10
Committee: ITRE
Amendment 207 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 4
Directive 2003/55/EC
Article 7 – paragraph 5
5. The obligation set out in paragraph 1(a) is deemed to be fulfilled in a situation where several undertakings which own transmission systems have created a joint venture which acts as a transmission system operator in several Member States for the transmission systems concerned. No other undertaking may be part of the joint venture, unless it has been approved under Article 9a as an independent system operatorcomplies fully with this Article.
2008/04/10
Committee: ITRE
Amendment 234 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 6
Directive 2003/55/EC
Article 8 – paragraph 1 – point (a)
(a) operate, maintain and develop under economic conditions secure, reliable and efficient transmission, storage and/or LNG facilities, with due regard to the environment, and promote energy efficiency and research and innovation notably with respect to ensuring pthe proactive integration of both large scale renewables and decentralised energy genetration of renewables and dissemination of low carbon technologyand research and innovation to meet these objectives.
2008/04/10
Committee: ITRE
Amendment 237 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 6 b (new)
Directive 2003/55/EC
Article 8 – paragraph 3
(6b) In Article 8, paragraph 3 shall be replaced by the following: "3. Member States may, through their national regulatory authorities, require transmission system operators to comply with minimum standards for the maintenance and development of the transmission system, including interconnection capacity. National regulatory authorities should be given broader powers for the purpose of ensuring consumers protection within the Union." Or. en (Adding some clarifications to Article 8 - paragraph 3 of Directive 2003/55/EC)
2008/04/10
Committee: ITRE
Amendment 244 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/55/EC
Article 9
Independent system operators 1. Where the transmission system belongs to a vertically integrated undertaking on entry into force of this Directive, Member States may grant derogations from Article 7(1), provided that an independent system operator is designated by the Member State upon a proposal from the transmission system owner and subject to approval of such designation by the Commission. Vertically integrated undertakings which own a transmission system may not in any event be prevented from taking steps to comply with Article 7(1). 2. The Member State may approve and designate an independent system operator only where: (a) the candidate operator has demonstrated that it complies with the requirements of Article 7(1)(b) to (d); (b) the candidate operator has demonstrated that it has at its disposal the required financial, technical and human resources to carry out its tasks under Article 8; (c) the candidate operator has committed to complying with a ten year network development plan proposed by the regulatory authority; (d) the transmission system owner has demonstrated its ability to comply with its obligations under paragraph 6. To this effect, it shall provide all the draft contractual arrangements with the candidate undertaking and any other relevant entity; (e) the candidate operator has demonstrated its ability to comply with its obligations under Regulation (EC) No 1775/05 of the European Parliament and of the Council of 28 September 2005 on conditions for access to the natural gas transmission network* including the cooperation of transmission system operators at European and regional level. 3. Undertakings which have been certified by the regulatory authority as having complied with the requirements of Articles 7a and 9(2) shall be approved and designated as independent system operators by Member States. The certification procedure in Article 7b shall be applicable. 4. Where the Commission has taken a decision in accordance with the procedure in Article 7b and finds that the regulatory authority has not complied with its decision within two months, it shall, within a period of six months, designate, on a proposal from the Agency and after having heard the views of the transmission system owner and the transmission system operator, an independent system operator for a period of 5 years. At any time, the transmission system owner may propose to the regulatory authority the designation of a new independent system operator pursuant to the procedure in Article 9(1). 5. Each independent system operator shall be responsible for granting and managing third party access, including the collection of access charges and congestion rents, for operating, maintaining and developing the transmission system, as well as for ensuring the long term ability of the system to meet reasonable demand through investment planning. When developing the network the independent system operator is responsible for planning (including authorisation procedure), construction and commissioning of the new infrastructure. For this purpose, it shall act as a transmission system operator in accordance with this Chapter. Transmission system owners may not be responsible for granting and managing third party access, nor for investment planning. 6. Where an independent system operator has been designated, the transmission system owner shall: (a) provide all the relevant cooperation and support to the independent system operator for the fulfilment of its tasks, including in particular all relevant information; (b) finance the investments decided by the independent system operator and approved by the regulatory authority, or give its agreement to financing by any interested party including the independent system operator. The relevant financing arrangements shall be subject to approval by the regulatory authority. Prior to this approval, the Regulatory Authority shall consult the asset owner together with other interested parties; (c) provide for the coverage of liability relating to the network assets that it owns and are managed by the independent system operator, excluding the liability relating to the tasks of the independent system operator; (d) provide guarantees to facilitate financing any network expansions with the exception of those investments where, pursuant to paragraph b, it has given its agreement to financing by any interested party including the independent system operator. 7. In close cooperation with the regulatory authority, the relevant national competition authority shall be granted all relevant powers to effectively monitor compliance of the transmission system owner with its obligations under paragraph 6.Article 9 deleted
2008/04/10
Committee: ITRE
Amendment 247 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/55/EC
Article 9a
Unbundling of transmission system owner 1. Transmission system owners, where an independent system operator has been appointed, and storage system operators which are part of vertically integrated undertakings shall be independent at least in terms of their legal form, organisation and decision making from other activities not relating to transmission and storage. This Article shall only apply to storage facilities that are technically and/or economically necessary for providing efficient access to the system for the supply of customers pursuant to Article 19. 2. In order to ensure the independence of the transmission system owner and storage system operator referred to in paragraph 1, the following minimum criteria shall apply: (a) those persons responsible for the management of the transmission system owner and storage system operator may not participate in company structures of the integrated natural gas undertaking responsible, directly or indirectly, for the day-to-day operation of the production, distribution and supply of natural gas; (b) appropriate measures must be taken to ensure that the professional interests of persons responsible for the management of the transmission system owner and storage system operator are taken into account in a manner that ensures that they are capable of acting independently; (c) the storage 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 storage facilities. This shall not preclude 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(4) 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 storage 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 storage facilities, that do not exceed the terms of the approved financial plan, or any equivalent instrument; (d) the transmission system owner and storage system operator shall establish a compliance programme, which sets out measures taken to ensure that discriminatory conduct is excluded, and ensure that observance of it is adequately monitored. The programme shall set out the specific obligations of employees to meet this objective. An annual report, setting out the measures taken, shall be submitted by the person or body responsible for monitoring the compliance programme to the regulatory authority and shall be published. 3. The Commission may adopt 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 adopted in accordance with the regulatory procedure with scrutiny referred to in Article 30(3)."Article 9a deleted and storage system operator
2008/04/10
Committee: ITRE
Amendment 277 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 9 a (new)
Directive 2003/55/EC
Article 12 – paragraph 1
(9a) In Article 12, paragraph 1 shall be replaced by the following: "1. Each distribution system operator shall be responsible for ensuring the long- term ability of the system to meet reasonable demands for the distribution of gas, operating, maintaining and developing under economic conditions a secure, reliable and efficient distribution system in its area, with due regard for the environment, and promotion of energy efficiency." Or. en (Amending the existing paragraph 1 of Article 12 of Directive 2003/55/EC)
2008/03/31
Committee: ITRE
Amendment 278 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 9 b (new)
Directive 2003/55/EC
Article 12 – paragraph 5 a (new)
(Adding a new paragraph after paragraph 5 of Article 12 of Directive 2003/55/EC)(9b) In Article 12, the following paragraph shall be added: "5a. Appropriate measures shall be taken to ensure that the staff and management of the distribution system operators do not have any personal interest in the increase of energy consumption." Or. en
2008/03/31
Committee: ITRE
Amendment 290 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 11 a (new)
Directive 2003/55/EC
Article 18 – paragraph 1
(11a) In Article 18, paragraph 1 shall be replaced by the following: "1. Member States shall ensure the implementation of a system of regulated third party access to the transmission and distribution system, [...] LNG facilities, storage facilities and gas treatment facilities based on published tariffs, applicable to all eligible customers, including supply undertakings, and applied objectively and without discrimination between system users. Member States shall ensure that these tariffs, or the methodologies underlying their calculation shall be approved prior to their entry into force by a regulatory authority referred to in Article 25(1) and that these tariffs — and the methodologies, where only methodologies are approved — are published prior to their entry into force." Or. en (Amending paragraph 1 of Article 18 of Directive 2003/55/EC)
2008/03/31
Committee: ITRE
Amendment 301 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/55/EC
Article 19 – paragraph 1 – subparagraph 2
Member StatNational regulatory authorities shall define and publish criteria according to which it may be determined whether access to storage facilities and linepack is technically and/or economically necessary in order to provide efficient access to the system for the supply of customers. Member States shall make public, or oblige storage and transmission system operators to make public, which storage facilities, or which parts of those storage facilities, and which linepack is offered under the different procedures referred to in paragraphs 3 and 4.
2008/03/31
Committee: ITRE
Amendment 304 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 12 a (new)
Directive 2003/55/EC
Article 19 – paragraph 3
(12a) In Article 19, paragraph 3 shall be deleted. Or. en (Deletion of the paragraph 3 of Article 19 of Directive 2003/55/EC)
2008/03/31
Committee: ITRE
Amendment 307 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 12 b (new)
Directive 2003/55/EC
Article 19 – paragraph 4
(12b) In Article 19, paragraph 4 shall be replaced by the following: "4. National regulatory authorities shall take the necessary measures to give natural gas undertakings and eligible customers either inside or outside the territory covered by the interconnected system a right to access to storage, linepack and other ancillary services, on the basis of published tariffs and/or other terms and obligations for use of that storage and linepack, when technically and/or economically necessary for providing efficient access to the system, as well as for the organisation of access to other ancillary services. This right of access for eligible customers may be given by enabling them to enter into supply contracts with competing natural gas undertakings other than the owner and/or operator of the system or a related undertaking." Or. en (Deletion of the paragraph 3 of Article 19 of Directive 2003/55/EC)
2008/03/31
Committee: ITRE
Amendment 314 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 1 – point (c)
(c) the infrastructure must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built;
2008/03/31
Committee: ITRE
Amendment 319 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 1 – point (e a) (new)
"(ea) the investment is not necessary to enable compliance with an obligation on a regulated entity for the transport of gas though a transmission system."
2008/03/31
Committee: ITRE
Amendment 362 #
Claude TURMES, Rebecca HARMS
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, andterm 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
Amendment 367 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24a – paragraph 3 a (new)
(Adding a new paragraph after paragraph 3 of Article 22a of Directive 2003/55/EC)"3a. The Commission shall adopt minimum standards on transparency and accountability of national regulatory authorities through the adoption of guidelines to ensure full and effective compliance of national regulatory authorities with paragraphs 1 and 2. These measures 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 30(3)." Or. en
2008/03/31
Committee: ITRE
Amendment 370 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24b – point (a)
(a) the promotion, in close cooperation with the Agency, regulatory authorities of other Member States and the Commission, of a competitive, secure and environmentally sustainable internal gas market within the Community, and effective market opening for all consumers and suppliers in the Community by ensuring that users derive maximum benefit therefrom in terms of choice, price and quality;
2008/03/31
Committee: ITRE
Amendment 374 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24b – point (d)
(d) ensuring the development of secure, reliable and efficient systems, promoting energy efficiency, system adequacy and research and innovation to meet demand and the development of innovative renewable and low carbon technologies, in both short and long term and the proactive integration of both large scale renewables and decentralised energy generation, system adequacy and research and innovation to meet these demands;
2008/03/31
Committee: ITRE
Amendment 377 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24b – point (f a) (new)
"(fa) ensuring that consumers, including energy poor consumers, derive maximum benefit in terms of choice, price and quality."
2008/03/31
Committee: ITRE
Amendment 383 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (b)
(b) cooperating on cross-border issues with the regulatory authority or authorities of those Member States and the Agency, including ensuring that transmission system operators jointly and severally build sufficient interconnection capacity between their transmission infrastructure to satisfy an efficient overall market assessment and gas security of supply criteria without discriminating between suppliers in different Member States;
2008/03/31
Committee: ITRE
Amendment 390 #
Claude TURMES, Rebecca HARMS
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 reviewingsetting 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
Amendment 399 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (i a) (new)
"(ia) monitoring the occurrence of restrictive contractual practices, including exclusivity provisions, which may prevent or restrain the choice of non-household customers from contracting simultaneously with more than one supplier; where appropriate, the national regulatory authorities shall inform the national competition authorities of such practices;"
2008/03/31
Committee: ITRE
Amendment 404 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (j)
(j) monitoring the time taken by transmission and distribution undertakings to make connections and repairs and imposing sanctions in accordance with the guidelines issued by the Agency if these time periods are exceeded without due cause;
2008/03/31
Committee: ITRE
Amendment 412 #
Claude TURMES, Rebecca HARMS
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, ensuring 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 and enforced;
2008/03/31
Committee: ITRE
Amendment 420 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (o a) (new)
"(oa) fixing or approving network access tariffs and publishing the methodology used to set the tariffs;"
2008/03/31
Committee: ITRE
Amendment 422 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (o b) (new)
"(ob) imposing price caps in uncompetitive markets for a defined and limited period in order to protect customers against market abuse; the price caps shall be fixed at a sufficiently high level so as not to discourage new entry and expansion of existing competitors;"
2008/03/31
Committee: ITRE
Amendment 425 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (p a) (new)
"(pa) ensuring that rate structure for the final consumers does not induce energy consumption."
2008/03/31
Committee: ITRE
Amendment 456 #
Claude TURMES, Rebecca HARMS
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
Amendment 468 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 5
5. In fixing or approving the tarifferms and conditions of the tariffs and the balancing services, the regulatory authorities shall ensure that network operators are granted adequate incentive, over both the short and long term, to increase efficiencies, foster market integration and support the related research activities.
2008/03/31
Committee: ITRE
Amendment 480 #
Claude TURMES, Rebecca HARMS
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, 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. In the event of delay regarding the setting of transmission, storage, LNG and distribution tariffs, national regulatory authorities shall have the power to set transmission and distribution tariffs on a preliminary basis and to decide on the appropriate compensatory measures if the final tariffs deviate from the provisional ones.
2008/03/31
Committee: ITRE
Amendment 513 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24f – paragraph 3
3. The regulatory authority may decide to make available to market participants elements of this information providedshall report on the outcome of its investigations or its request to market participants whilst ensuring that commercially sensitive information on individual market players or individual transactions is not released. This paragraph shall not apply to information about financial instruments which fall within the scope of Directive 2004/39/EC.
2008/03/31
Committee: ITRE
Amendment 522 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 14 a (new)
Directive 2003/55/EC
Article 24f a (new)
(14a) The following Article shall be inserted: "Article 24fa Regulatory powers to promote competition in the gas market 1. Without prejudice to Article 24c(3)(b), national regulatory authorities shall impose on system users which have been determined to dispose of significant market power as set out in Article 24h: (a) obligations to ensure transparency in relation to the publication of specific information, such as accounting information, technical specifications, specific data of sales contracts, terms and conditions for the supply of and access to services, and prices; (b) if the system user discriminates among its contracting parties with respect to the same transactions, the national regulatory authority may impose an obligation to provide equal treatment, such as, in particular, to abolish any major contractual clause that is considered discriminatory, including prices, payment deadlines, discriminatory sales and purchase conditions and techniques and to exclude any contractual clause for rendering the conclusion of a contract conditional upon the undertaking of any commitment which, due to its nature or against the background of usual contractual practice, does not form part of the subject matter of the contract; (c) if the lack of effective competition means that the system user might maintain prices at an excessively low or high level, the national regulatory authority may impose obligations relating to temporary price controls, including obligations for prices to be related to costs and obligations concerning cost accounting and pricing systems. When imposing the obligation to employ cost- reflective pricing mechanisms, price control shall be based on costs incurred by the system user in connection with generation and investments, including an appropriate return on such investments under normal business conditions. 2. The national regulatory authorities shall prohibit system users with significant market power in the market referred to in Article 22h(1) and after having followed the procedures laid down in Article 22h: (a) from charging excessive prices to the competitors of related undertakings or of undertakings which form part of the vertically integrated undertaking as defined in Article 2; (b) from setting unduly low prices in comparison with the prices charged by efficient competitors; (c) from showing undue preference to specific consumers; or (d) from unreasonably bundling services. 3. An appeal mechanism shall be provided which shall be without prejudice to the exercise of rights of appeal under Community and national law. Appeal shall not have suspensory effect." Or. en (Adding a new Article 24fa after Article 24f of Directive 2003/55/EC)
2008/03/31
Committee: ITRE
Amendment 524 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 14 b (new)
Directive 2003/55/EC
Article 24f b (new)
(14b) The following Article shall be inserted: "Article 24fb Promoting competition in the gas market 1. In order to promote effective competition in the gas market, to avoid any abuse of a dominant position and to protect the interests of users, the national regulatory authorities shall conduct a market analysis in the market for wholesale customers, end customers and ancillary services in order to determine the degree of effective competition in the relevant market. 2. If competition in any of the identified markets is not effective in meeting the aims set-out in Article 1, the national regulatory authorities shall analyse whether a system user enjoys a position equivalent to a dominant position, that is to say, a position of economic strength affording it the power to act to an appreciable extent independently of its competitors, customers and ultimately consumers. The national regulatory authorities shall publish the conclusions of their analysis on their official websites. 3. In the process of identifying system users with significant market power and without prejudice to Community law, the national regulatory authorities shall take into consideration: (a) the presence of a system user operator in the geographical area of a particular market and in the closely related markets, where the links between the two markets are such as to allow the market power held in one market to be leveraged into the other market, thereby strengthening the market power of the operator in question; (b) the size of the system user and its market share; (c) the scope of the activities of the system user and of the companies controlled by it and of the activities of the company controlling the system user, vertical integration and the unique characteristics of the identified markets in terms of links, product diversification, and the scope of goods and services offered in packages; (d) the existence of barriers to market entry, growth and expansion; (e) lack or low level of countervailing purchasing power; (f) lack of potential competition; g) economies of scale and activity. 4. No later than 2 years of the entry into force of Directive .../.../EC [amending Directive 2003/55/EC concerning common rules for the internal market in natural gas] and every 3 years from the previous review, the national regulatory authorities shall carry out a market analysis in relevant markets. Any system operator may request a market analysis at an earlier time if the conditions of competition in the relevant market have changed significantly since the last market analysis, and if the conclusions as referred to in paragraph 2 were published more than a year earlier. A refusal to carry out an additional market analysis shall be duly substantiated." Or. en (Adding a new Article 24fb after Article 24fa of Directive 2003/55/EC)
2008/03/31
Committee: ITRE
Amendment 538 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (h)
(h) have at their disposal their actual consumption data, and shall be able to, by explicit agreement and free of charge, give any undertaking with a supply license access to its metering data which may include energy supply available in a particular area and all national and Community mechanisms promoting energy efficiency. The party responsible for data management is obliged to give these data to the undertaking. Member States shall define a format for the data and a procedure for suppliers and consumers to have access to the data without undue delay. No additional costs can be charged to the consumer for this service.
2008/03/31
Committee: ITRE
Amendment 549 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j a) (new)
"(ja) The European Charter on the Rights of Energy Consumers, as proposed by the Commission, shall serve as a basis for the guidelines on consumers protection proposed by the Agency to the Commission." Or. en (Adding new paragraph (ja) to Annex A, Directive 2003/55 EC)
2008/03/31
Committee: ITRE
Amendment 552 #
Claude TURMES, Rebecca HARMS
Proposal for a directive – amending act
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j b) (new)
"(jb) A statutory independent body representing consumers in the field of energy shall be established in every Member State. This body shall represent consumers in formal consultations with the relevant bodies relating to the internal energy market. This body shall ensure that end customers are appropriately protected according to the provisions set out in this Directive and shall also be responsible for providing, in particular, independent advice and reliable information to the consumers." Or. en (Adding new paragraph (jb) to Annex A, Directive 2003/55 EC)
2008/03/31
Committee: ITRE
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