27 Amendments of Pierre JONCKHEER
Amendment 28 #
2007/0197(COD)
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 the specific cases referred to in Articles 6, 7 and 8.
Amendment 29 #
2007/0197(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a The Agency shall consult extensively and at an early stage with market participants, consumers and end-users in an open and transparent manner, in particular with regard to its task vis-à-vis TSOs.
Amendment 30 #
2007/0197(COD)
Proposal for a regulation
Article 6 - paragraph 6 a (new)
Article 6 - paragraph 6 a (new)
6a. 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 31 #
2007/0197(COD)
Proposal for a regulation
Article 6 - paragraph 6 b (new)
Article 6 - paragraph 6 b (new)
6b. The Agency shall be able to impose effective sanctions if barriers to cross- border trade are not removed.
Amendment 32 #
2007/0197(COD)
Proposal for a regulation
Article 6 - paragraph 6 c (new)
Article 6 - paragraph 6 c (new)
6c. The Agency shall be able 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 within six months of notification of an issue by a supplier or a TSO.
Amendment 33 #
2007/0197(COD)
Proposal for a regulation
Article 9 - paragraph 5 a (new)
Article 9 - paragraph 5 a (new)
5a. The members of the Administrative Board shall be independent of national governments.
Amendment 45 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 1 b (new)
Article 1 – point 1 b (new)
Directive 2003/55/EC
Article 3 – paragraph 2
Article 3 – paragraph 2
(1b) Article 3, paragraph 2 is amended as follows: "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, Community targets for the use of 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 goals, 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."
Amendment 56 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Directive 2003/55/EC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(2a) The following paragraph shall be inserted after paragraph 1: "1a. For security of supply reasons reciprocity shall exist between access to upstream market activities in third countries and downstream activities in the EU through adequate measures."
Amendment 66 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (b)
Article 24c – paragraph 1 – point (b)
(b) cooperating on cross-border issues with the regulatory authority or authorities of those Member States including to ensure that TSOs 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;
Amendment 67 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (g)
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;
Amendment 77 #
2007/0196(COD)
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 cooperation with the national competition authority investigations of the functioning of gas 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 for example gas release programs;
Amendment 78 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 4 – point (a)
Article 24c – paragraph 4 – point (a)
(a) connection and access to national networks, including transmission and distribution tariffs, and terms, conditions and and their methodologies, or, alternatively, the methodologies, and the monitoring thereof, for setting or approving the transmission and distribution tariffs, and terms, conditions and tariffs for access to LNG facilities including their methodologies, 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.
Amendment 79 #
2007/0196(COD)
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 motivatedjustified, proportionate and necessary, with due account being taken of the views of market participants and existing contractual obligations, as well as the expected costs and benefits of the decision.
Amendment 80 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24f – paragraph 3
Article 24f – paragraph 3
3. The regulatory authority may decide to make availableshall report on the outcome of its investigations or its request to market participants for elements of this information providedwhilst 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.
Amendment 30 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 2003/54/EC
Article 3 – paragraph 2
Article 3 – paragraph 2
(1a) Article 3(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 electricity 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, community targets for the use of renewable energy and climate protection. Such obligations shall be clearly defined, transparent, non discriminatory, verifiable and shall guarantee equality of access for EU electricity companies to national consumers. In relation to security of supply, energy efficiency/demand-side management and for the fulfilment of environmental and renewable energy goals, 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."
Amendment 46 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 1 s (new)
Article 1 – point 1 s (new)
Directive 2003/54/EC
Article 3 – paragraph 9 a (new)
Article 3 – paragraph 9 a (new)
(1s) In Article 3, the following paragraph shall be inserted: "9a. Contracts with household consumers with a connection capacity of below 10 kW may not impose a fixed minimum price irrespective of volume, but shall reflect a variable cost component based on volumes consumed."
Amendment 48 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 1 u (new)
Article 1 – point 1 u (new)
Directive 2003/54/EC
Article 3 – paragraph 9 c (new)
Article 3 – paragraph 9 c (new)
(1u) In Article 3, the following paragraph shall be inserted: "9c. In order to balance the negative impact of liberalisation on the efficient use of electricity, Member States shall ensure that a minimum of 2% of all electricity revenues from domestic consumers is spent to fund energy efficiency and demand side measurement programmes for domestic consumers. Private and public electricity undertakings, energy service companies, regional and local bodies and non- governmental organisations may apply to this fund to (co)finance the promotion of efficient energy programmes for domestic consumers, with a special emphasis on vulnerable consumers. The management and details of the attributions of these funds shall be decided on in accordance with the principle of subsidiarity."
Amendment 51 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Directive 2003/54/EC
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 52 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 3 b (new)
Article 1 – point 3 b (new)
Directive 2003/54/EC
Article 7 a (new)
Article 7 a (new)
(3b) The following article shall be inserted: "Article 7a Limits of operator liability in the event of a severe nuclear accident An undertaking responsible for a nuclear power plant shall, on an annual basis, demonstrate to the competent national authority and to the Commission that it holds valid insurance cover against third- party claims resulting from a severe accident to a minimum level of EUR 2 500 million per event."
Amendment 61 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 2003/54/EC
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
(8a) In Article 11, the following paragraph shall be inserted: "7a. Priority should be given to electricity from renewable energy sources, combined heat and power and other embedded generation, and the costs of connecting new producers of electricity from renewable energy sources and combined heat and power should be objective, transparent and non-discriminatory. A European benchmarking system shall ensure that there are no obstacles to the stimulation of dispersed generation."
Amendment 64 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22 c – paragraph 1 – point (g)
Article 22 c – 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;
Amendment 68 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22 c – paragraph 4 – point (a)
Article 22 c – paragraph 4 – point (a)
(a) connection and access to national networks, including transmission and distribution tariffs and their methodologies, or, alternatively, the methodologies, and the monitoring thereof, for setting or approving the transmission and distribution tariffs. These tariffs 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; this may cover special regulatory treatment for new investments;
Amendment 70 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22 c – paragraph 12
Article 22 c – paragraph 12
12. Decisions taken by regulatory authorities shall be motivatedjustified and made public, proportionate and necessary, with due account being taken of the views of market participants and existing contractual obligations, as well as the expected costs and benefits of the decision.
Amendment 71 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22 c – paragraph 13
Article 22 c – paragraph 13
13. Member States shall ensure that suitable mechanisms exist at national level under which a party affected by a decision of the national regulatory authority has a right of appeal to a bodnational judicial body or other national authority independent of the parties involved and of any government.
Amendment 72 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22 c – paragraph 14 a (new)
Article 22 c – paragraph 14 a (new)
14a. Member States shall establish a Gas and Electricity Consumer Council. This body shall act as a consumer protection body, operating independently of the regulatory body. It shall provide a single point of contact for consumers and shall investigate complaints against utility companies; provide advice to the regulator, government and companies on consumer needs; have clearly stated rights of access to information and the power to publish information with the aim of promoting high standards of energy supply and energy services for consumers.
Amendment 73 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22 f – paragraph 1 a (new)
Article 22 f – paragraph 1 a (new)
1a. An authority referred to in paragraph 1 may request the data from a supply undertaking if that authority has a duly substantiated need to undertake an investigation.
Amendment 74 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22 f – paragraph 3
Article 22 f – paragraph 3
3. The regulatory authority may decide to make availableshall report on the outcome of its investigations or its request to market participants for elements of this information providedwhilst 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.