30 Amendments of Rebecca HARMS related to 2007/0197(COD)
Amendment 39 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Agency, as a delegation of the national regulatory authorities, should ensure that regulatory functions performed at national level by the national regulatory authorities in accordance with Directive 2003/54/EC and Directive 2003/55/EC are properly coordinated at European and regional levels and, where necessary, completed at the Communityse levels. To that end, it is necessary to guarantee the independence of the Agency, its technical and regulatory capacities and its transparency and efficiency.
Amendment 44 #
Proposal for a regulation
Recital 9
Recital 9
(9) Since the Agency has an overview of the national regulatory authorities, it should have an advisory role towards the Commission as regards market regulation issues. It should also be required to inform the Commission where it finds that the cooperation between transmission system operators does not produce the results which are needed or that a national regulatory authority whose decision has violated guidelines is not willing to comply with the Agency’s opinion role as regards market regulation issues.
Amendment 49 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 69 #
Proposal for a regulation
Article 4 – point d a (new)
Article 4 – point d a (new)
(da) coordinate the respective national regulatory authorities concerned by regional electricity or gas markets.
Amendment 82 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Development of guidelines 1. The Agency shall develop within no more than six months draft guidelines on setting basic, clear and objective principles for the harmonisation of the market and technical rules. 2. In the drafting of these guidelines, the Agency shall consult extensively in an open and transparent manner and shall keep all relevant stakeholders informed. 3. The Agency shall finalise and adopt the draft guidelines on the basis of the consultation. It shall make public all observations received and explain how they have been taken into consideration in the final draft of the guidelines or justify their rejection. 4. The Agency, as its own initiative or upon request of the European Parliament or the Commission, may initiate the same procedure for the up-dating of guidelines.
Amendment 83 #
Proposal for a regulation
Article 5 b (new)
Article 5 b (new)
Article 5b Development of market codes 1. On adoption of the guidelines in accordance with Article 5a, the Agency shall develop within no more than six months draft market codes, fully complying with the principles established in the guidelines. 2. In the drafting of these codes, the Agency shall consult extensively in an open and transparent manner and shall keep all relevant stakeholders informed. 3. On the basis of the consultation, the Agency shall finalise and adopt the draft market codes. It shall make public all observations received and explain how they have been taken into consideration in the final draft of the guidelines or justify their rejection. 4. The Agency, as its own initiative or upon request of the European Parliament, may initiate the same procedure for the revision of the existing codes following the process described from paragraph 2 above.
Amendment 94 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The 10-year investment plans shall contain provisions for the transition to smart grids. The Agency and the National Regulatory Authorities shall give clear instructions to the transmission system operators' progress towards the development of smart grids. To this end an incremental timetable shall be set, with the goal to complete.
Amendment 102 #
Proposal for a regulation
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3b. On adoption of the guidelines in accordance with Article 5a, ENTSO shall develop within six months draft technical codes as set out under Article 2c of Regulation (EC) No 1228/2003 and in Article 2c of Regulation (EC) No 1775/2005 and fully complying with the principles established in the guidelines. In the drafting of these codes ENTSO shall take into consideration technical expertise from market participants and shall keep them informed. ENTSO shall submit the draft codes to the Agency. The Agency shall consult on the draft codes extensively in an open and transparent manner. On the basis of the consultation, the Agency shall finalise and adopt the draft codes. It shall make public all observations received and explain how they have been taken into consideration in the final draft codes or justify their rejection. On the Agency own initiative or at the request of the ENTSO, a revision of the existing codes may be undertaken following the process described in paragraph 2 above.
Amendment 117 #
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
6a. Costs arising to TSOs from decisions taken by the Agency shall be recovered through national transmission tariff systems, unless these costs are due to violation or non compliance of duties assigned to TSOs in accordance with this Regulation, Regulation (EC) No 1228/2003 or Regulation (EC) No 1775/2005.
Amendment 121 #
Proposal for a regulation
Article 6 – paragraph 6 b (new)
Article 6 – paragraph 6 b (new)
6b. The Agency shall monitor the cross- border capacity calculations by TSOs and the actual (aggregate) use of the interconnection capacity between the grids, as well as resolving problems of unfair, discriminatory or inefficient access across national borders.
Amendment 122 #
Proposal for a regulation
Article 6 – paragraph 6 c (new)
Article 6 – paragraph 6 c (new)
6c. The Agency shall have the power and duty to take binding decisions on all issues affecting access and use of connected transmission systems involving more than one Member State if joint agreement has not been reached by the relevant national regulatory authorities.
Amendment 124 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Agency shall promotensure the cooperation between the national regulatory authorities and between regulatory authorities at regional level. Where the Agency considers that binding rules on such cooperation are required, it shalIn that respect the Agency shall establish binding rules on such cooperation between the respective national regulatory authorities concerned with regional marke the appropriate recommendations to the Commissionts. Each of these concerned authorities shall have one vote when deciding on these rules.
Amendment 142 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Administrative Board shall be composed of twelvhree members. SixOne shall be appointed by the Commission, and sixone by the Council and one by the European Parliament. The term of office shall be five years, renewable once.
Amendment 156 #
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 presentqualified majority voting.
Amendment 158 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. The members of the Administrative Board shall be independent from national and regional governments.
Amendment 163 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 182 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Board of Regulators shall be composed of one representative per Member State from the regulatory authorities, as mentioned in Article 22a ofthe Heads of the national regulatory authorities or their representative pursuant to Directive 2003/54/EC and Article 24a of Directive 2003/55/EC, and one non-voting representative of the Commission. The national regulatory authority shall nominate one alternate per Member StateOnly one representative per Member State from the national regulatory authority may be admitted to the Board of Regulators.
Amendment 193 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Board of Regulators shall act by a majority of two-thirdsqualified majority of it members. Each member or alternate shall have one vote.
Amendment 213 #
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.
Amendment 225 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Board of Regulators shall deliver an opinion onpropose to the European Parliament a list of minimum two candidates and a maximum of three candidates to be appointed as Director in accordance with Article 10(1) and Article 13(2). The Board still reach this decision on the basis of a majority of three quarters of its members.
Amendment 234 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Director shall be appointed by the Administrative BoardEuropean Parliament, on the basis of merit as well as skills and experience relevant to the energy sector, from a list of at least minimum of two candidates proposed by the Commission, following a call for expression of interest. Before appointment, thand a maximum of three candidate selects proposed by the Administrative Board may be invited to make a statement before the competent committee of the European Parliament and answer quBoard of Regulators, following a call for exprestsions put by its members of interest.
Amendment 241 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The Administrative Board, acting on a proposal from the CommissionEuropean Parliament, after consulting the Board of Regulators and the Administrative Board, taking into account the evaluation report and only in those cases where it can be justified by the duties and requirements of the Agency, may extend the term of office of the Director once for not more than three years.
Amendment 247 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 249 #
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 BoardEuropean Parliament, after consulthaving the assent of the Board of Regulators. The Administrative BoardEuropean Parliament shall reach this decision on the basis of a three-quarterwo-third majority of its members.
Amendment 263 #
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 267 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Each year the Director shall prepare a draft work programme of the Agency for the following year, and submit it to the Board of Regulators, to the European Parliament and to the Commission before 30 June of that year.
Amendment 280 #
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) any voluntary contribution from the Member States or from their regulatory authoritiesresources pooled by national regulatory authorities for their cooperation at EU level;
Amendment 282 #
Proposal for a regulation
Article 18 – paragraph 1 – point c a (new)
Article 18 – paragraph 1 – point c a (new)
(ca) any proposed alternative financing methods, notably through a charge on the flows of electricity and gas;
Amendment 288 #
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3a. The Administrative Board, the Board of Regulators and the Board of Appeal shall publish on the Agency's website at least the agenda, the background document and the minutes of all respective meetings.
Amendment 292 #
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 fourthree 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.