BETA

23 Amendments of Jan BŘEZINA related to 2007/0195(COD)

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

Directive 2003/54/EC
Article 8 – paragraph 5 a (new)

"5a. For the implementation of this Article, where the person referred to in points (b) to (d) of paragraph 1 is the Member State or another public body, two separate public bodies exercising control, on one hand, over a transmission system operator or over a transmission system and, on the other hand, over an undertaking performing any of the functions of generation or supply, are deemed not to be the same person or the same persons."

2008/04/11
Committee: ITRE

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

Directive 2003/54/EC
Article 22a

1. Each Member State shall designate a single national regulatory authority. 2. Member States shall guarantee the independence of the regulatory authority and shall ensure that it exercises its powers impartially and transparently. For this purpose, Member State shall ensure that, when carrying out the regulatory tasks conferred upon it by this Directive and related legislation, the regulatory authority (a) is legally distinct and functionally independent from any other public or private entity, ~~and~~(b) that its staff and the persons responsible for its management act independently from any market interest and (c) that its staff and the persons responsible for its management, without prejudice to close cooperation, as appropriate, with other relevant national authorities, shall not seek or take direct instructions from any government or other public or private entity when carrying out the regulatory tasks. 3. In order to protect the independence of the regulatory authority, Member States shall in particular ensure that: (a) the regulatory authority ~~has legal personality, budgetary autonomy,~~can take autonomous decisions, independently from any other political body, and has autonomy in the implementation of the budget and adequate human and financial resources to carry out its duties; (b) its top management is appointed for ~~a non renewable fixed term of~~ at least five years, and may only be relieved from office during its term if it no longer fulfills the conditions set out in this Article or it has been guilty of serious misconduct under national law.

2008/03/19
Committee: ITRE

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

Directive 2003/54/EC
Article 22b

~~Policy~~General objectives of the regulatory authority authority In carrying out the regulatory tasks specified in this Directive, the regulatory authority shall ~~take all reasonable measures to achieve~~, within the framework of its duties and powers as laid down in Article 22c and in close consultation with other relevant national authorities, as appropriate, and without prejudice to their competencies, take all reasonable measures in pursuit of the following objectives: (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 electricity market within the Community, and effective market opening for all consumers and suppliers in the Community; (b) the development of competitive and properly functioning regional markets within the Community in view of the achievement of the objective mentioned in point (a); (c) the suppression of restrictions to electricity trade between Member States, including the development, of appropriate cross border transmission capacities to meet demand, and enhance the integration of national markets ~~and to enable unrestrained~~which may facilitate electricity flows across the Community; (d) ~~ensur~~promoting 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~~non discriminatory systems as well as system adequacy; (da) facilitating the access of new generation capacity to the grid, in particular removing barriers that could prevent access of new market entrants; (e) ensuring that network operators are granted a~~dequ~~ppropriate incentives, in both the short and the long term, to increase efficiencies in network performance and foster market integration; (f) ensuring the efficient functioning of their national market, and to promoteing effective competition ~~in cooperation with competition authorities.~~ ; (fa) contributing to high standards of universal and public service for electricity and to the protection of vulnerable customers, and helping to ensure that consumer protection measures set out in Annex A are effective.

2008/03/19
Committee: ITRE

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

Directive 2003/54/EC
Article 22c – paragraph 1 – point (c)

(c) complying with, and implementing, any relevant legally binding decisions of the Agency and of the Commission;

2008/03/19
Committee: ITRE

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

Directive 2003/54/EC
Article 22c – paragraph 1 – point (f)

(f) ~~review~~monitoring investment plans of the transmission system operators, and providing in its annual report an assessment of the investment plan of the transmission system operators as regards its consistency with the European-wide 10- year network development plan mentioned inat Article 2c(1) of Regulation (EC) No 1228/2003;

2008/03/19
Committee: ITRE

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

Directive 2003/54/EC
Article 22c – paragraph 1 – point (g)

(g) monitoring compliance with network security and reliability~~, and reviewing network security and reliability rules~~ rules and monitoring standards and requirements for quality of network service;

2008/03/19
Committee: ITRE

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

Directive 2003/54/EC
Article 22c – paragraph 1 – point (i)

(i) monitoring the level of market opening and competition at wholesale and retail levels, including on electricity exchanges, household prices, switching rates, disconnection rates and household complaints ~~in an agreed format~~, as well as any distortion or restriction of competition ~~in cooperation with competition authorities~~, including providing any relevant information, bringing any relevant cases to the attention of the relevant competition authorities;

2008/03/19
Committee: ITRE

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

Directive 2003/54/EC
Article 22c – paragraph 1 – point (k)

(k) without prejudice to the competence of other national regulatory authorities, ensuring high standards of universal and public service for electricity, the protection of vulnerable customers, and that consumer protection measures set out in Annex A are effective;deleted

2008/03/19
Committee: ITRE

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

Directive 2003/54/EC
Article 22c – paragraph 1 – point (m)

(m) ensuring access to customer consumption data, the ~~application~~provision, for optional use, of a harmonised format at national level for consumption data and the access to data under paragraph (h) of Annex A;

2008/03/19
Committee: ITRE

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

Directive 2003/54/EC
Article 22c – paragraph 1 – point (o a) (new)

(oa) monitoring the implementation of safeguard measures referred to in Article 24.

2008/03/19
Committee: ITRE

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

Directive 2003/54/EC
Article 22c – paragraph 1 a (new)

1a. If a Member State so provides, the monitoring duties mentioned in paragraph 1 may be carried out by authority other than the regulatory authority. In such a case, the information resulting from this monitoring shall be made available to the regulatory authority as soon as possible. While preserving their independence and without prejudice to their own specific competencies, and consistently with the principles of better regulation, the regulatory authority shall, as appropriate, consult with transmission system operators and closely cooperate with other relevant national authorities when carrying out the duties mentioned in paragraph 1.

2008/03/19
Committee: ITRE

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

Directive 2003/54/EC
Article 22c – paragraph 2 – point (d)

(d) ensure that network access tariffs collected by independent system operators include a remuneration for the network owner or network owners that provide for an adequate remuneration of the network assets and of any new investments therein, provided that they are economically and efficiently incurred;

2008/03/19
Committee: ITRE

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

Directive 2003/54/EC
Article 22c – paragraph 3 – point (b)

(b) to carry out in cooperation with the national competition authority investigations of the functioning of the electricity markets, and to decide, in the absence of violations of competition rules, of any appropriate measures necessary and proportionate to promote effective competition and ensure the proper functioning of the market~~, including virtual power plants~~;

2008/03/19
Committee: ITRE

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

Directive 2003/54/EC
Article 22c – paragraph 3 – point (d)

(d) to impose effective, appropriortionate and dissuasive ~~sanction~~penalties to electricity undertakings not complying with their obligations under this Directive or any relevant legally binding decisions of the regulatory authority or of the Agency;

2008/03/19
Committee: ITRE

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

Directive 2003/54/EC
Article 22c – paragraph 3 – point (f)

~~(f) to approve safeguards measures as referred to in Article 24.~~deleted

2008/03/19
Committee: ITRE

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

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

4. The regulatory authorities shall be responsible for fixing or approving prior to their entry into force at least the methodologies used to calculate or establish the terms and conditions for: (a) connection and access to national networks, including transmission and distribution tariffs~~. These tariff~~ or their methodologies. These tariffs or methodologies shall allow the necessary investments in the networks to be carried out in a manner allowing these investments to ensure the viability of the networks; (b) the provision of balancing services.

2008/03/19
Committee: ITRE

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

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

5. In fixing or approving the tariffs or methodologies, the regulatory authorities shall ensure that network operators are granted a~~dequ~~ppropriate incentive, over both the short and long term, to increase efficiencies, foster market integration and security of supply and support the related research activities.

2008/03/19
Committee: ITRE

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

Directive 2003/54/EC
Article 22c – paragraph 6

6. Regulatory authorities shall have the authority to require transmission and distribution system operators, if necessary, to modify the terms and conditions, including tariffs or methodologies referred to in this Article, to ensure that they are proportionate and applied in a non- discriminatory manner.

2008/03/19
Committee: ITRE

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

Directive 2003/54/EC
Article 22c – paragraph 7

7. Any party having a complaint against a transmission or distribution system operator in relation to that operator's obligations under this Directive may refer the complaint to the regulatory authority which, acting as dispute settlement authority, shall issue a decision within two months after receipt of the complaint. This period may be extended by two months where additional information is sought by the regulatory authorit~~ies~~y. This period may be extended with the agreement of the complainant. Such a decision shall have binding effect unless and until overruled on appeal.

2008/03/19
Committee: ITRE

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

Directive 2003/54/EC
Article 22c – paragraph 12

12. Decisions taken by regulatory authorities shall be mosubstantivated to allow for judicial control.

2008/03/19
Committee: ITRE

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

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

14. The Commission may adopt 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 adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3)deleted

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 15

Directive 2003/54/EC
Annex A – point (i)

(i) shall be properly informed ~~every month~~ of actual electricity consumption and costs frequently enough to enable them to regulate their own electricity consumption. Due account shall be taken of the cost-efficiency of such measures. No additional costs can be charged to the consumer for this service.

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 15

Directive 2003/54/EC
Annex A – point (j)

(j) can change supplier at any time in the year, and a c~~ustomer’s account with the previous supplier shall not be settled~~onsumer shall be entitled to a final invoice no later than onthree months following the last supply by this previous supplier.

2008/03/19
Committee: ITRE