16 Amendments of Alyn SMITH related to 2007/0196(COD)
Amendment 179 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/55/EC
Article 5a – paragraph 1
Article 5a – paragraph 1
1. In order to safeguard a secure supply on the internal market of natural gas, Member States shall, without imposing a disproportionate burden on market participants, cooperate in order to promote regional and bilateral solidarity.
Amendment 211 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/55/EC
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
"6a. The provisions of this Article shall apply equally to all transmission system owners/ operators regardless of their country of origin."
Amendment 217 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/55/EC
Article 7a
Article 7a
Amendment 275 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2003/55/EC
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
"2a. Commercially sensitive information shall be determined by using objective and transparent criteria."
Amendment 311 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 1 - introductory part
Article 22 – paragraph 1 - introductory part
1. Major new gas infrastructures, i.e. interconnectors between Member States, LNG and storage facilities, may, upon request, be exempted, for a limitdefined period of time, from the provisions of Articles 7, 18, 19, 20, and 24c(4), (5) and (6) under the following conditions:
Amendment 326 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 3 – subparagraph 3
Article 22 – paragraph 3 – subparagraph 3
In deciding to grant an exemption consideration shall be given, on a case by case basis, to the need to impose conditions regarding the duration of the exemption and non-discriminatory access to the infrastructure. When deciding on those conditions account shall, in particular, be taken of the duration of contracts, additional capacity to be built or the modification of existing capacity, the time horizon of the project and national circumstances.
Amendment 329 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 3 – subparagraph 4
Article 22 – paragraph 3 – subparagraph 4
Amendment 346 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 5 – subparagraph 4
Article 22 – paragraph 5 – subparagraph 4
The Commission's approval of an exemption decision shall lose its effect after two years from its adoption if construction of the infrastructurre shall be a transparent and strict appeal procedure against the exemption decisions of the regulatory authority issued under this Article. Conditions of an exemption approval granted under this Article shasll not yet started, and after five years if the infrastructure has not become operationalbe changed retrospectively without the agreement of all parties concerned.
Amendment 426 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (p a) (new)
Article 24c – paragraph 1 – point (p a) (new)
"(pa) setting and adhering to transparent and objective criteria for the regulation of the internal gas market."
Amendment 427 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (p b) (new)
Article 24c – paragraph 1 – point (p b) (new)
"(pb) publishing the procedure to be followed in the event that market participants wish to appeal against their decisions."
Amendment 431 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 – introductory part
Article 24c – paragraph 3 – introductory part
3. Member States shall ensure that regulatory authorities are granted the powers enabling them to carry out the duties within a defined framework referred to in paragraph 1 and 2 in an efficient and expeditious manner. For this purpose, tThe regulatory authority shall have at least the following powersthe right, within a defined framework compatible with national regulation:
Amendment 440 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 – point (b)
Article 24c – paragraph 3 – point (b)
(b) to carry out in cooperatione with the national competition authority as regards investigations intof the functioning of gas markets, and to decide, in the absence of violations of competition rules,, oftake any appropriate measures necessary and proportionate to promote effective competition and ensure the proper functioning of the market, including gas release programs;
Amendment 449 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 – point (c)
Article 24c – paragraph 3 – point (c)
(c) to request anyinformation, in accordance with the Member States’ existing processes for gathering information, from natural gas undertakings relevant for the fulfilment of its tasks;
Amendment 450 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 – point (d)
Article 24c – paragraph 3 – point (d)
(dc) to impose effective, appropriate and dissuasive sanctions ton natural gas undertakings not complying with their obligations under this Directive or any decisions of the regulatory authority or of the Agency;
Amendment 486 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 12
Article 24c – paragraph 12
12. Decisions taken by regulatory authorities shall be motivatsubstantiated, proportionate and necessary, with due account taken of the views of the market participants concerned and their existing contractual obligations as well as of the expected costs and benefits of the decision, and shall be published.
Amendment 509 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24f – paragraph 1
Article 24f – paragraph 1
1. Member States shall require supply undertakings to keep at the disposal of the national regulatory authority, the national competition authority and the Commission, for at least five years, the relevantcontractual data relating to all transactions in gas supply contracts and gas derivatives with wholesale customers and transmission system operators as well as storage and LNG operators.