[ParlTrack]

Robert GOEBBELS, Bernhard RAPKAY

The Committee on Economic and Monetary Affairs calls on the Committee on Industry, Research and Energy, as the committee responsible, to reject the Commission proposal.

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Recital 5

(5) On the basis of the impact assessment of the resource requirements for a central entity, it was concluded that an independent central entity offered a number of long-term advantages over other options. A~~n Agency~~ Network for the Cooperation of Energy Regulators, hereinafter referred to as ‘the ~~Agency~~Network’, should therefore be established (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Recital 6

(6) The ~~Agency~~Network 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 and, where necessary, completed at the Community level. ~~To that end, it is necessary to guarantee the independence of the Agency, its technical and regulatory capacities and its transparency and efficiency.~~

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Recital 7

(7) The ~~Agency~~Network should ~~monitor~~organise the cooperation between transmission system operators in the electricity and gas sectors as well as the execution of the tasks of the European Network of Transmission System Operators for electricity and the European Networks of Tnational transmission Ssystem Ooperators for Gas. The involvement of the Agency is essential in order to ensure that the cooperation between transmission system operators proceeds in an efficient and transparent way for the benefit of the internal market in the electricity and gas sectors.

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Recital 8

(8) It is appropriate to provide a framework within which national regulatory authorities are able to cooperate. This framework should facilitate the uniform application of the legislation on the internal market for electricity and gas throughout the Community. As regards situations concerning more than one Member State, the Agency should be granted the power to adopt individual decisions. This power should cover the regulatory regime for infrastructure connecting at least two Member States, exemptions from the internal market rules for new electricity interconnectors and new gas infrastructures located in more than one Member State.deleted

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
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.deleted

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Recital 10

~~(10) The Agency should also be able to issue non-binding guidelines to assist regulatory authorities and market players in sharing good practices.~~deleted

2008/03/07
Committee: ECON

Robert GOEBBELS

Proposal for a regulation
Recital 5

(5) On the basis of the impact assessment of the resource requirements for a central entity, it was concluded that an independent central entity offered a number of long-term advantages over other options. A~~n Agency~~ Network for the Cooperation of Energy Regulators, hereinafter referred to as ‘the ~~Agency~~Network’, should therefore be established. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

2008/04/01
Committee: ITRE

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Recital 11

(11) The structure of the Agency should be adapted to meet the specific needs of energy regulation. In particular the specific role of the national regulatory authorities and their independence needs to be taken fully into account.deleted

2008/03/07
Committee: ECON

Robert GOEBBELS

Proposal for a regulation
Recital 6

(6) The ~~Agency~~Network 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 and, where necessary, completed at the Community level. ~~To that end, it is necessary to guarantee the independence of the Agency, its technical and regulatory capacities and its transparency and efficiency.~~

2008/04/01
Committee: ITRE

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Recital 12

(12) The Network’s Administrative Board should have the necessary powers to establish the budget, check its implementation, draw up internal rules, adopt financial regulations and appoint the Director.

2008/03/07
Committee: ECON

Robert GOEBBELS

Proposal for a regulation
Recital 7

(7) The ~~Agency~~Network should ~~monitor~~organise the cooperation between ~~transmission system operators in the electricity and gas sectors as well as the execution of the tasks of the European Network of T~~national transmission Ssystem Operators for electricity and the European Networks of Transmission System Operators for Gas. The involvement of the Agency is essential in order to ensure that the cooperation between transmission system operators proceeds in an efficient and transparent way for the benefit of the internal marketoperators in the electricity and gas sectors.

2008/04/01
Committee: ITRE

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Recital 13

(13) The ~~Agency~~Network should have the necessary powers to perform the regulatory functions in an efficient and above all independent manner. The independence of regulatory authorities is not only a key principle of good governance but also and a fundamental condition to ensure market confidence. Reflecting the situation on a national level, the ~~Board~~Network of Regulators should therefore act independently from any market interest and shall not seek or take instructions from any government or other public or private entity.

2008/03/07
Committee: ECON

Robert GOEBBELS

Proposal for a regulation
Recital 8

(8) It is appropriate to provide a framework within which national regulatory authorities are able to cooperate. This framework should facilitate the uniform application of the legislation on the internal market for electricity and gas throughout the Community. As regards situations concerning more than one Member State, the Agency should be granted the power to adopt individual decisions. This power should cover the regulatory regime for infrastructure connecting at least two Member States, exemptions from the internal market rules for new electricity interconnectors and new gas infrastructures located in more than one Member State.deleted

2008/04/01
Committee: ITRE

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Recital 14

(14) Where the Agency has decision- making powers, interested parties should, for reasons of procedural economy, be granted a right of appeal to a Board of Appeal, which should be part of the Agency, but independent from its administrative and regulatory structure.deleted

2008/03/07
Committee: ECON

Robert GOEBBELS

Proposal for a regulation
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.deleted

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Recital 10

~~(10) The Agency should also be able to issue non-binding guidelines to assist regulatory authorities and market players in sharing good practices.~~deleted

2008/04/01
Committee: ITRE

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 1 – title

Establishment of a Network of Energy Regulators

2008/03/07
Committee: ECON

Robert GOEBBELS

Proposal for a regulation
Recital 11

(11) The structure of the Agency should be adapted to meet the specific needs of energy regulation. In particular the specific role of the national regulatory authorities and their independence needs to be taken fully into accountdeleted

2008/04/01
Committee: ITRE

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 1

A~~n Agency~~ Network for the Cooperation of Energy Regulators, hereinafter referred to as ‘the ~~Agency’ is~~Network’ shall be established ~~for~~by the purpose of complementing at Community level the regulatory tasks performed at national level by the regulatory authorities mentioned in Article 22a of Directive 2003/54/EC and Article 24a of Directive 2003/55/EC, and, where necessary, to coordinate their action.Commission, after receiving the assent of the European Parliament and the Council.

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 2

1. The Agency shall be a Community body with legal personality. 2. In each Member State, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under national law. It may, in particular, acquire or dispose of movable and immovable property and be a party to legal proceedings. 3. The Agency shall be represented by its Director. 4. The seat of the Agency shall be located in [place]. Until its premises are ready, it will be hosted on Commission premises.Article 2 deleted Legal status and seat

2008/03/07
Committee: ECON

Robert GOEBBELS

Proposal for a regulation
Recital 12

(12) The Network’s Administrative Board should have the necessary powers to establish the budget, check its implementation, draw up internal rules, adopt financial regulations and appoint the Director.

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Recital 13

(13) The ~~Agency~~Network should have the necessary powers to perform the regulatory functions in an efficient and above all independent manner. The independence of regulatory authorities is not only a key principle of good governance but also and a fundamental condition to ensure market confidence. Reflecting the situation on a national level, the ~~Board~~Network of Regulators should therefore act independently from any market interest and shall not seek or take instructions from any government or other public or private entity.

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Recital 14

(14) Where the Agency has decision- making powers, interested parties should, for reasons of procedural economy, be granted a right of appeal to a Board of Appeal, which should be part of the Agency, but independent from its administrative and regulatory structure.deleted

2008/04/01
Committee: ITRE

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 3

The Agency shall comprise: (a) an Administrative Board, which shall exercise the responsibilities set out in Article 10; (b) a Board of Regulators, which shall exercise the responsibilities set out in Article 12; (c) a Director, who shall exercise the responsibilities set out in Article 14; (d) a Board of Appeal, which shall exercise the resArticle 3 deleted Componsi~~bilities set out in Article 16.~~tion

2008/03/07
Committee: ECON

Robert GOEBBELS

Proposal for a regulation
Article 1

~~An Agency~~Establishment Establishment of a Network of Energy Regulators A Network for the Cooperation of Energy Regulators, hereinafter referred to as ‘the ~~Agency’ is~~Network’ shall be established ~~for~~by the purpose of complementing at Community level the regulatory tasks performed at national level by the regulatory authorities mentioned in Article 22a of Directive 2003/54/EC and Article 24a of Directive 2003/55/EC, and, where necessary, to coordinate their actionCommission, after receiving the assent of the European Parliament and the Council.

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 2

1. The Agency shall be a Community body with legal personality. 2. In each Member State, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under national law. It may, in particular, acquire or dispose of movable and immovable property and be a party to legal proceedings. 3. The Agency shall be represented by its Director. 4. The seat of the Agency shall be located in [place]. Until its premises are ready, it will be hosted on Commission premises.Article 2 deleted Legal status and seat

2008/04/01
Committee: ITRE

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 5

The ~~Agency may, upon a request from the Commission or on its own initiative,~~Network may provide an opinion to the Commission on all issues related to the purpose for which it has been established .

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 6

1. The Agency shall provide an opinion to the Commission on the draft statutes, list of members and draft rules of procedure of the European Network of Transmission System Operators for Electricity in accordance with Article 2b(2) of Regulation (EC) No 1228/2003 and on those of the European Network of Transmission System Operators for Gas in accordance with Article 2b(2) of Regulation (EC) No 1775/2005. 2. The Agency shall monitor the execution of the tasks of the European Network of Transmission System Operators for Electricity as provided for in Article 2d of Regulation (EC) No 1228/2003 and of the European Network of Transmission System Operators for Gas as provided for Article 2d of Regulation (EC) No 1775/2005. 3. The Agency may provide an opinion to the European Network of Transmission System Operators for Electricity as provided for in Article 2d(2) of Regulation (EC) No 1228/2003 and to the European Network of Transmission System Operators for Gas as provided for in Article 2d(2) of Regulation (EC) No 1775/2005 on the technical or market codes, on the draft annual work programme and the draft 10-year investment plan. 4. The Agency shall provide a duly justified opinion to the Commission where it considers that the draft annual work programme or the draft 10-year investment plan submitted to it in accordance with Article 2d(2) of Regulation (EC) No 1228/2003 and Article 2d(2) of Regulation (EC) No 1775/2005 do not ensure non- discrimination, effective competition and the efficient functioning of the market. 5. The Agency shall provide a duly justified opinion to the Commission, in accordance with Article 2e(2) of Regulation (EC) No 1228/2003 and Article 2e(2) of Regulation (EC) No 1775/2005 where it considers that a technical or market code does not ensure non-discrimination, effective competition and the efficient functioning of the market, that a technical or market code has not been adopted within a reasonable period of time or that the transmission system operators fail to implement a technical or market code. 6. The Agency shall monitor the regional cooperation of transmission system operators referred to in Article 2h of Regulation (EC) No 1228/2003 and Article 2h of Regulation (EC) No 1775/2005.Article 6 deleted Tasks as regards the cooperation of transmission system operators

2008/03/07
Committee: ECON

Robert GOEBBELS

Proposal for a regulation
Article 3

The Agency shall comprise: (a) an Administrative Board, which shall exercise the responsibilities set out in Article 10; (b) a Board of Regulators, which shall exercise the responsibilities set out in Article 12; (c) a Director, who shall exercise the responsibilities set out in Article 14; (d) a Board of Appeal, which shall exercise the resArticle 3 deleted Componsi~~bilities set out in Article 16.~~tion

2008/04/01
Committee: ITRE

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 7

Tasks as regards the national regulatory 1. The Agency shall adopt individual decisions on technical issues where these decisions are provided for in Guidelines pursuant to Directive 2003/54/EC, Directive 2003/55/EC, Regulation (EC) No 1228/2003 or Regulation (EC) No 1775/2005. 2. The Agency may, in accordance with its work programme or at the request of the Commission, adopt non-binding guidelines to assist regulatory authorities and market players in sharing good practice. 3. The Agency shall promote 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 shall make the appropriate recommendations to the Commission. 4. The Agency shall provide an opinion, at the request of any regulatory authority or of the Commission, on whether a decision taken by a regulatory authority complies with the Guidelines referred to in Directive 2003/54/EC, Directive 2003/55/EC, Regulation (EC) No 1228/2003 or Regulation (EC) No 1775/2005. 5. Where a national regulatory authority does not comply with the opinion of the Agency as referred to in paragraph 4 within four months from the date of receipt, the Agency shall inform the Commission. 6. When a national regulatory authority encounters, in a specific case, difficulties with the application of the Guidelines referred to in Directive 2003/54/EC, Directive 2003/55/EC, Regulation (EC) No 1228/2003 or Regulation (EC) No 1775/2005, it may ask the Agency for an opinion. The Agency shall deliver its opinion after consulting the Commission within four months. 7. The Agency shall decide on the regulatory regime for infrastructure connecting at least two member States, in accordance with Article 22d(3) of Directive 2003/54/EC and Article 24d(3) of Directive 2003/55/EC.Article 7 deleted authorities

2008/03/07
Committee: ECON

Robert GOEBBELS

Proposal for a regulation
Article 5

The ~~Agency may, upon a request from the Commission or on its own initiative,~~Network may provide an opinion to the Commission on all issues related to the purpose for which it has been established.

2008/04/01
Committee: ITRE

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 8

1. The Agency may grant exemptions, as provided for in Article 7(4)(a) of Regulation (EC) No 1228/2003. The Agency may also grant exemptions as provided for in Article 22(3)(a) of Directive 2003/55/EC where the infrastructure concerned is located in the territory of more than one MembArticle 8 deleted Other Sta~~te. 2. The Agency shall propose an independent system operator in accordance with Article 10(4) of Directive 2003/54/EC and Article 9(4) of Directive 2003/55/EC.~~sks

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 9

1. The Administrative Board shall be composed of twelve members. Six shall be appointed by the Commission, and six by the Council. The term of office shall be five years, renewable once. 2. The Administrative Board shall appoint its Chairperson and its Vice-Chairperson from among its members. The Vice- Chairperson shall automatically replace the Chairperson if the latter is not in a position to perform his duties. The term of office of the Chairperson and of the Vice- Chairperson shall be two and a half years and shall be renewable. In any event, however, the term of office of the Chairperson and that of the Vice- Chairperson shall expire the moment they cease to be members of the Administrative Board. 3. Meetings of the Administrative Board shall be convened by its Chairperson. The Director of the Agency shall participate in the deliberations unless the Administrative Board decides otherwise. The Administrative Board shall meet at least twice a year in ordinary session. It shall also meet at the initiative of its Chairperson, at the request of the Commission or at the request of at least a third of its members. The Administrative Board may invite any person with potentially relevant opinions to attend its meetings in the capacity of an observer. The members of the Administrative Board may, subject to the rules of procedure, be assisted by advisers or by experts. The Administrative Board’s secretarial services shall be provided by the Agency. 4. Decisions of the Administrative Board shall be adopted on the basis of a majority two-thirds majority of the members present. 5. Each member shall have one vote. The rules of procedure shall set out in greater detail the arrangements governing voting, especially the conditions whereby one member can act on behalf of another and also, where appropriate, the rules governing quorums.Article 9 deleted Administrative Board

2008/03/07
Committee: ECON

Robert GOEBBELS

Proposal for a regulation
Article 6

Tasks as regards the cooperation of transmission system operators 1. The Agency shall provide an opinion to the Commission on the draft statutes, list of members and draft rules of procedure of the European Network of Transmission System Operators for Electricity in accordance with Article 2b(2) of Regulation (EC) No 1228/2003 and on those of the European Network of Transmission System Operators for Gas in accordance with Article 2b(2) of Regulation (EC) No 1775/2005. 2. The Agency shall monitor the execution of the tasks of the European Network of Transmission System Operators for Electricity as provided for in Article 2d of Regulation (EC) No 1228/2003 and of the European Network of Transmission System Operators for Gas as provided for Article 2d of Regulation (EC) No 1775/2005. 3. The Agency may provide an opinion to the European Network of Transmission System Operators for Electricity as provided for in Article 2d(2) of Regulation (EC) No 1228/2003 and to the European Network of Transmission System Operators for Gas as provided for in Article 2d(2) of Regulation (EC) No 1775/2005 on the technical or market codes, on the draft annual work programme and the draft 10-year investment plan. 4. The Agency shall provide a duly justified opinion to the Commission where it considers that the draft annual work programme or the draft 10-year investment plan submitted to it in accordance with Article 2d(2) of Regulation (EC) No 1228/2003 and Article 2d(2) of Regulation (EC) No 1775/2005 do not ensure non- discrimination, effective competition and the efficient functioning of the market. 5. The Agency shall provide a duly justified opinion to the Commission, in accordance with Article 2e(2) of Regulation (EC) No 1228/2003 and Article 2e(2) of Regulation (EC) No 1775/2005 where it considers that a technical or market code does not ensure non-discrimination, effective competition and the efficient functioning of the market, that a technical or market code has not been adopted within a reasonable period of time or that the transmission system operators fail to implement a technical or market code. 6. The Agency shall monitor the regional cooperation of transmission system operators referred to in Article 2h of Regulation (EC) No 1228/2003 and Article 2h of Regulation (EC) No 1775/2005.Article 6 deleted

2008/04/01
Committee: ITRE

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 10

Tasks of the Administrative Board 1. The Administrative Board shall, after having consulted the Board of Regulators, appoint the Director in accordance with Article 13(2). 2. The Administrative Board shall appoint the members of the Board of Regulators in accordance with Article 11(1). 3. The Administrative Board shall appoint the members of the Board of Appeal in accordance with Article 15(1). 4. The Administrative Board shall adopt, before 30 September each year, and after consulting the Commission and after approval by the Board of Regulators in accordance with Article 12(3), the work programme of the Agency for the coming year and shall transmit it to the European Parliament, the Council and the Commission. The work programme shall be adopted without prejudice to the annual budgetary procedure. 5. The Administrative Board shall exercise its budgetary powers in accordance with Articles 18 to 21. 6. The Administrative Board shall decide, after having obtained the agreement of the Commission, whether to accept any legacies or donations or grants from other Community sources. 7. The Administrative Board shall exercise disciplinary authority over the Director. 8. The Administrative Board shall, where necessary, draw up the Agency’s staff policy pursuant to Article 25(2). 9. The Administrative Board shall adopt the special provisions on right of access to the documents of the Agency, in accordance with Article 27. 10. The Administrative Board shall adopt the annual report on the activities of the Agency, referred to in Article 14(8), and shall transmit it to the European Parliament, the Council, the Commission, the European Economic and Social Committee and the Court of Auditors by 15 June at the latest. This report shall contain an independent section, approved by the Board of Regulators, concerning the regulatory activities of the Agency during the year considered. 11. The Administrative Board shall adopt its own rules of procedure.Article 10 deleted

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 11 – title

~~Board~~Network of Regulators

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 11 – paragraph 1

1. The ~~Board~~Network of Regulators shall be composed of one representative per Member State from the regulatory authorities, as mentioned in Article 22a of Directive 2003/54/EC and Article 24a of Directive 2003/55/EC, and one non-voting representative of the Commission. They shall constitute the Administrative Board of the Network. The national regulatory authorities shall nominate one alternate per Member State. Alternates shall participate in meetings only in the absence of a full representative.

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 11 – paragraph 2

2. The ~~Board~~Network of Regulators shall elect a Chairperson and a Vice-Chairperson from among its members. The Vice-Chairperson shall replace the Chairperson if the latter is not in a position to perform his or her duties. The term of office of the Chairperson and of the Vice-Chairperson shall be two and a half years and shall be renewable. In any event, however, the term of office of the Chairperson and that of the Vice-chairperson shall expire the moment they cease to be members of the ~~Board~~Network of Regulators.

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 11 – paragraph 3

3. The ~~Board~~Network of Regulators shall act by a majority of two-thirds of it members. Each member or alternate shall have one vote.

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 11 – paragraph 4

4. The ~~Board~~Network of Regulators shall adopt its Rules of procedure.

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 11 – paragraph 5

5. When carrying out the tasks conferred upon it by this Regulation, the ~~Board~~Network of Regulators shall act independently and shall not seek or take instructions from any government of a Member State or from any public or private interest.

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 11 – paragraph 6

6. The ~~Board~~Network of Regulators~~’ secretarial services shall be provided by the Agency~~ shall appoint its director, organise its secretarial services, draw up its budget and determine its seat.

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 12

Tasks of the Board of Regulators 1. The Board of Regulators shall provide an opinion 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. 2. The Board of Regulators shall deliver an opinion on the candidate to be appointed as Director in accordance with Article 10(1) and Article 13(2). The Board shall reach this decision on the basis of a majority of three quarters of its members. 3. The Board of Regulators shall, in accordance with Article 10(4) and Article 14(6) and in line with the draft budget established according to Article 20(1), approve the work programme of the Agency for the coming year and present it before 1 September for adoption by the Administrative Board. 4. The Board of Regulators shall approve the independent section on regulatory activities of the annual report, as provided for in Article 10(10) and Article 14(8).Article 12 deleted

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 13

1. The Agency shall be managed by its Director, who shall act independently in the exercise of his functions. Without prejudice to the respective powers of the Commission, the Administrative Board and the Board of Regulators, the Director shall not seek or accept any instruction from any government or from any body. 2. The Director shall be appointed by the Administrative Board, on the basis of merit as well as skills and experience, from a list of at least two candidates proposed by the Commission, following a call for expression of interest. Before appointment, the candidate selected by the Administrative Board may be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members. 3. The Director’s term of office shall be five years. In the course of the nine months preceding the end of this period, the Commission shall undertake an evaluation. In the evaluation, the Commission shall assess in particular: (a) the performance of the Director, (b) the Agency's duties and requirements in the coming years. 4. The Administrative Board, acting on a proposal from the Commission, 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. 5. The Administrative Board shall inform the European Parliament about its intention to extend the Director's term of office. Within a month before the extension of his/her term of office, the director may be invited to make a statement before the competent committee of the Parliament and answer questions put before its members. 6. If the term of office is not extended, the Director shall remain in office until the appointment of his/her successor. 7. The Director may be removed from office only upon a decision by the Administrative Board, after consulting the Board of Regulators. The Administrative Board shall reach this decision on the basis of a majority of three quarters of its members. 8. The European Parliament and the Council may call upon the Director to submit a report on the performance of his duties.Article 13 deleted Director

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 14

1. The Director shall be responsible for representing the Agency and shall be in charge of its management. 2. The Director shall prepare the work of the Administrative Board. He or she shall participate, without having the right to vote, in the work of the Administrative Board. 3. The Director adopts the opinions, recommendations and decisions referred to in Articles 5, 6, 7 and 8, subject to the assent of the Board of Regulators. 4. The Director shall be responsible for implementing the annual work programme of the Agency under the guidance of the Board of Regulators and under the administrative control of the Administrative Board. 5. The Director shall take the necessary measures, notably the adoption of internal administrative instructions and the publication of notices, to ensure the functioning of the Agency in accordance with this Regulation. 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 and to the Commission before 30 June of that year. 7. The Director shall make an estimate of the revenue and expenditure of the Agency pursuant to Article 20 and shall implement the budget of the Agency pursuant to Article 21. 8. Each year the Director shall prepare a draft annual report with a section on the regulatory activities of the Agency and a section on financial and administrative matters. 9. With regard to the staff of the Agency, the Director shall exercise the powers provided for in Article 25(3).Article 14 deleted Tasks of the Director

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 15 – paragraph 2

2. The members of the Board of Appeal shall be appointed by the ~~Administrative Board~~European Parliament, on a proposal from the Commission, following a call for expression of interest, after consultation of the ~~Board~~Network of Regulators.

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 15 – paragraph 3

3. The term of office of the members of the Board of Appeal shall be five years. This term shall be renewable. The members of the Board of Appeal shall be independent in making their decisions; they shall not be bound by any instructions. They may not perform any other duties in the Agency, in its Administrative Board or in its Board of Regulators. A member of the Board of Appeal may not be removed during his or her term of office, unless he or she has been found guilty of serious misconduct, and the Administrative Board, after consulting the Board of Regulators, takes a decision to this effect.

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 17 – paragraph 2

~~2. Should the Agency fail to take a decision, proceedings for failure to act may be brought before the Court of First Instance or the Court of Justice in accordance with Article 232 of the Treaty.~~deleted

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 17 – paragraph 3

3. The ~~Agency~~Network shall be required to take the necessary measures to comply with the judgment of the Court of First Instance or the Court of Justice.

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 20 – paragraph 1

1. By 15 February of each year at the latest, the Director shall drawn up a preliminary draft budget covering the operational expenditure and the programme of work anticipated for the following financial year, and shall forward this preliminary draft to the Administrative Board, together with a list of provisional posts. Each year the Administrative Board shall, on the basis of the draft prepared by the Director, make an estimate of revenue and expenditure of the ~~Agency~~Network for the following financial year. This estimate, including a draft establishment plan, shall be transmitted by the Administrative Board to the Commission by 31 March at the latest. ~~Prior to adoption of the estimate, the draft prepared by the Director shall be transmitted to the Regulatory Board, which may deliver an opinion on the draft.~~

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 20 – paragraph 4

~~4. The budgetary authority shall adopt the establishment plan for the Agency.~~deleted

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 25

1. The Staff Regulations of Officials of the European Communities, the Conditions of employment of other servants of the European Communities and the rules adopted jointly by the European Community institutions for the purpose of applying these staff regulations and conditions of employment shall apply to the staff of the Agency. 2. The Administrative Board, in agreement with the Commission, shall adopt the necessary implementing measures, in accordance with the arrangements provided for in Article 110 of the Staff Regulations of officials of the European Communities. 3. In respect of its staff, the Agency shall exercise the powers conferred on the appointing authority by the Staff Regulations of officials of the European Communities and on the authority entitled to conclude contracts by the Conditions of Employment of other servants of the European Communities. 4. The Administrative Board may adopt provisions to allow national experts from Member States to be employed on secondment at the Agency.Article 25 deleted Staff

2008/03/07
Committee: ECON

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 26 – paragraph 2

~~2. The personal financial liability and disciplinary liability of Agency staff towards the Agency shall be governed by the relevant provisions applying to the staff of the Agency.~~deleted

2008/03/07
Committee: ECON

Robert GOEBBELS

Proposal for a regulation
Article 7

Tasks as regards the national regulatory 1. The Agency shall adopt individual decisions on technical issues where these decisions are provided for in Guidelines pursuant to Directive 2003/54/EC, Directive 2003/55/EC, Regulation (EC) No 1228/2003 or Regulation (EC) No 1775/2005. 2. The Agency may, in accordance with its work programme or at the request of the Commission, adopt non-binding guidelines to assist regulatory authorities and market players in sharing good practice. 3. The Agency shall promote 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 shall make the appropriate recommendations to the Commission. 4. The Agency shall provide an opinion, at the request of any regulatory authority or of the Commission, on whether a decision taken by a regulatory authority complies with the Guidelines referred to in Directive 2003/54/EC, Directive 2003/55/EC, Regulation (EC) No 1228/2003 or Regulation (EC) No 1775/2005. 5. Where a national regulatory authority does not comply with the opinion of the Agency as referred to in paragraph 4 within four months from the date of receipt, the Agency shall inform the Commission. 6. When a national regulatory authority encounters, in a specific case, difficulties with the application of the Guidelines referred to in Directive 2003/54/EC, Directive 2003/55/EC, Regulation (EC) No 1228/2003 or Regulation (EC) No 1775/2005, it may ask the Agency for an opinion. The Agency shall deliver its opinion after consulting the Commission within four months. 7. The Agency shall decide on the regulatory regime for infrastructure connecting at least two member States, in accordance with Article 22d(3) of Directive 2003/54/EC and Article 24d(3) of Directive 2003/55/EC.Article 7 deleted authorities

2008/04/01
Committee: ITRE

Robert GOEBBELS, Bernhard RAPKAY

Proposal for a regulation
Article 30

1. The Commission shall carry out an evaluation of the activities of the Agency. This shall cover the results achieved by the Agency and its working methods, in relation with its objective, mandate and tasks defined in this Regulation and in its annual work programmes. 2. The first evaluation report shall be presented by the Commission to the European Parliament and the Council at the latest four years after the first Director has taken up his or her duties. The Commission shall then present an evaluation report at least every five years.Article 30 deleted Evaluation

2008/03/07
Committee: ECON

Robert GOEBBELS

Proposal for a regulation
Article 8

1. The Agency may grant exemptions, as provided for in Article 7(4)(a) of Regulation (EC) No 1228/2003. The Agency may also grant exemptions as provided for in Article 22(3)(a) of Directive 2003/55/EC where the infrastructure concerned is located in the territory of more than one MembArticle 8 deleted Other Sta~~te. 2. The Agency shall propose an independent system operator in accordance with Article 10(4) of Directive 2003/54/EC and Article 9(4) of Directive 2003/55/EC.~~sks

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 9

1. The Administrative Board shall be composed of twelve members. Six are appointed by the Commission, and six by the Council. The term of office shall be five years, renewable once. 2. The Administrative Board shall appoint its Chairperson and its Vice-Chairperson from among its members. The Vice- Chairperson shall automatically replace the Chairperson if the latter is not in a position to perform his duties. The term of office of the Chairperson and of the Vice- Chairperson shall be two and a half years and shall be renewable. In any event, however, the term of office of the Chairperson and that of the Vice- Chairperson shall expire the moment they cease to be members of the Administrative Board. 3. Meetings of the Administrative Board shall be convened by its Chairperson. The Director of the Agency shall participate in the deliberations unless the Administrative Board decides otherwise. The Administrative Board shall meet at least twice a year in ordinary session. It shall also meet at the initiative of its Chairperson, at the request of the Commission or at the request of at least a third of its members. The Administrative Board may invite any person with potentially relevant opinions to atArticle 9 deletend its meetings in the capacity of an observer. The members of the Administrative Board may, subject to the rules of procedure, be assisted by advisers or by experts. The Administrative Board’s secretarial services shall be provided by the Agency. 4. Decisions of the Administrative Board shall be adopted on the basis of a majority two-thirds majority of the members present. 5. Each member shall have one vote. The rules of procedure shall set out in greater detail the arrangements governing voting, especially the conditions whereby one member can act on behalf of another and also, where appropriate, the rules governing quorums.Administrative Board

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 10

1. The Administrative Board shall, after having consulted the Board of Regulators, appoint the Director in accordance with Article 13(2). 2. The Administrative Board shall appoint the members of the Board of Regulators in accordance with Article 11(1). 3. The Administrative Board shall appoint the members of the Board of Appeal in accordance with Article 15(1). 4. The Administrative Board shall adopt, before 30 September each year, and after consulting the Commission and after approval by the Board of Regulators in accordance with Article 12(3), the work programme of the Agency for the coming year and shall transmit it to the European Parliament, the Council and the Commission. The work programme shall be adopted without prejudice to the annual budgetary procedure. 5. The Administrative Board shall exercise its budgetary powers in accordance with Articles 18 to 21. 6. The Administrative Board shall decide, after having obtained the agreement of the Commission, whether to accept any legacies or donations or grants from other Community sources. 7. The Administrative Board shall exercise disciplinary authority over the Director. 8. The Administrative Board shall, where necessary, draw up the Agency’s staff policy pursuant to Article 25(2). 9. The Administrative Board shall adopt the special provisions on right of access to the documents of the Agency, in accordance with Article 27. 10. The Administrative Board shall adopt the annual report on the activities of the Agency, referred to in Article 14(8), and shall transmit it to the European Parliament, the Council, the Commission, the European Economic and Social Committee and the Court of Auditors by 15 June at the latest. This report shall contain an independent section, approved by the Board of Regulators, concerning the regulatory activities of the Agency during the year considered. 11. The Administrative Board shall adopt its own rules of procedure.Article 10 deleted Tasks of the Administrative Board

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 11 – title

Board of Regulators Network of Regulators

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 11 – paragraph 1

1. The ~~Board~~Network of Regulators shall be composed of one representative per Member State from the regulatory authorities, as mentioned in Article 22a of Directive 2003/54/EC and Article 24a of Directive 2003/55/EC, and one non-voting representative of the Commission. They shall form the network's Administrative Board. The national regulatory authorities shall nominate one alternate per Member State. The alternates shall take part in the meetings only to replace an actual representative.

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 11 – paragraph 2

2. The ~~Board~~Network of Regulators shall elect a Chairperson and a Vice-Chairperson from among its members. The Vice-Chairperson shall replace the Chairperson if the latter is not in a position to perform his or her duties. The term of office of the Chairperson and of the Vice-Chairperson shall be two and a half years and shall be renewable. In any event, however, the term of office of the Chairperson and that of the Vice-chairperson shall expire the moment they cease to be members of the ~~Board~~Network of Regulators.

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 11 – paragraph 3

3. The ~~Board~~Network of Regulators shall act by a majority of two-thirds of it members. Each member or alternate shall have one vote.

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 11 – paragraph 4

4. The ~~Board~~Network of Regulators shall adopt its Rules of procedure.

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 11 – paragraph 5

5. When carrying out the tasks conferred upon it by this Regulation, the ~~Board~~Network of Regulators shall act independently and shall not seek or take instructions from any government of a Member State or from any public or private interest.

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 11 – paragraph 6

6. The ~~Board~~Network of Regulators~~’ secretarial services shall be provided by the Agency~~ shall appoint its director, organise its secretarial services, draw up its budget and decide on its seat.

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 12

Tasks of the Board of Regulators 1. The Board of Regulators shall provide an opinion 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. 2. The Board of Regulators shall deliver an opinion on the candidate to be appointed as Director in accordance with Article 10(1) and Article 13(2). The Board shall reach this decision on the basis of a majority of three quarters of its members. 3. The Board of Regulators shall, in accordance with Article 10(4) and Article 14(6) and in line with the draft budget established according to Article 20(1), approve the work programme of the Agency for the coming year and present it before 1 September for adoption by the Administrative Board. 4. The Board of Regulators shall approve the independent section on regulatory activities of the annual report, as provided for in Article 10(10) and Article 14(8).Article 12 deleted

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 13

1. The Agency shall be managed by its Director, who shall act independently in the exercise of his functions. Without prejudice to the respective powers of the Commission, the Administrative Board and the Board of Regulators, the Director shall not seek or accept any instruction from any government or from any body. 2. The Director shall be appointed by the Administrative Board, on the basis of merit as well as skills and experience, from a list of at least two candidates proposed by the Commission, following a call for expression of interest. Before appointment, the candidate selected by the Administrative Board may be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members. 3. The Director’s term of office shall be five years. In the course of the nine months preceding the end of this period, the Commission shall undertake an evaluation. In the evaluation, the Commission shall assess in particular: (a) the performance of the Director; (b) the Agency's duties and requirements in the coming years. 4. The Administrative Board, acting on a proposal from the Commission, 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. 5. The Administrative Board shall inform the European Parliament about its intention to extend the Director's term of office. Within a month before the extension of his/her term of office, the director may be invited to make a statement before the competent committee of the Parliament and answer questions put before its members. 6. If the term of office is not extended, the Director shall remain in office until the appointment of his/her successor. 7. The Director may be removed from office only upon a decision by the Administrative Board, after consulting the Board of Regulators. The Administrative Board shall reach this decision on the basis of a majority of three quarters of its members. 8. The European Parliament and the Council may call upon the Director to submit a report on the performance of his duties.Article 13 deleted Director

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 14

1. The Director shall be responsible for representing the Agency and shall be in charge of its management. 2. The Director shall prepare the work of the Administrative Board. He or she shall participate, without having the right to vote, in the work of the Administrative Board. 3. The Director adopts the opinions, recommendations and decisions referred to in Articles 5, 6, 7 and 8, subject to the assent of the Board of Regulators. 4. The Director shall be responsible for implementing the annual work programme of the Agency under the guidance of the Board of Regulators and under the administrative control of the Administrative Board. 5. The Director shall take the necessary measures, notably the adoption of internal administrative instructions and the publication of notices, to ensure the functioning of the Agency in accordance with this Regulation. 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 and to the Commission before 30 June of that year. 7. The Director shall make an estimate of the revenue and expenditure of the Agency pursuant to Article 20 and shall implement the budget of the Agency pursuant to Article 21. 8. Each year the Director shall prepare a draft annual report with a section on the regulatory activities of the Agency and a section on financial and administrative matters. 9. With regard to the staff of the Agency, the Director shall exercise the powers provided for in Article 25(3).Article 14 deleted Tasks of the Director

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 15 – paragraph 2

2. The members of the Board of Appeal shall be appointed by the ~~Administrative Board~~European Parliament, on a proposal from the Commission, following a call for expression of interest, after consultation of the ~~Board~~Network of Regulators.

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 15 – paragraph 3

3. The term of office of the members of the Board of Appeal shall be five years. This term shall be renewable. The members of the Board of Appeal shall be independent in making their decisions; they shall not be bound by any instructions. They may not perform any other duties in the Agency, in its Administrative Board or in its Board of Regulators. A member of the Board of Appeal may not be removed during his or her term of office, unless he or she has been found guilty of serious misconduct, and the Administrative Board, after consulting the Board of Regulators, takes a decision to this effect.

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 17 – paragraph 2

~~2. Should the Agency fail to take a decision, proceedings for failure to act may be brought before the Court of First Instance or the Court of Justice in accordance with Article 232 of the Treaty.~~deleted

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 17 – paragraph 3

3. The ~~Agency~~Network of Regulators shall be required to take the necessary measures to comply with the judgment of the Court of First Instance or the Court of Justice.

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 20 – paragraph 1

1. By 15 February of each year at the latest, the Director shall drawn up a preliminary draft budget covering the operational expenditure and the programme of work anticipated for the following financial year, and shall forward this preliminary draft to the Administrative Board of the Network, together with a list of provisional posts. Each year the Administrative Board shall, on the basis of the draft prepared by the Director, make an estimate of revenue and expenditure ~~of the Agency~~ for the following financial year. This estimate, including a draft establishment plan, shall be transmitted by the Administrative Board to the Commission by 31 March at the latest. ~~Prior to adoption of the estimate, the draft prepared by the Director shall be transmitted to the Regulatory Board, which may deliver an opinion on the draft.~~

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 20 – paragraph 4

~~4. The budgetary authority shall adopt the establishment plan for the Agency.~~deleted

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 25

1. The Staff Regulations of Officials of the European Communities, the Conditions of employment of other servants of the European Communities and the rules adopted jointly by the European Community institutions for the purpose of applying these staff regulations and conditions of employment shall apply to the staff of the Agency. 2. The Administrative Board, in agreement with the Commission, shall adopt the necessary implementing measures, in accordance with the arrangements provided for in Article 110 of the Staff Regulations of officials of the European Communities. 3. In respect of its staff, the Agency shall exercise the powers conferred on the appointing authority by the Staff Regulations of officials of the European Communities and on the authority entitled to conclude contracts by the Conditions of Employment of other servants of the European Communities. 4. The Administrative Board may adopt provisions to allow national experts from Member States to be employed on secondment at the Agency.Article 25 deleted Staff

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 26 – paragraph 2

~~2. The personal financial liability and disciplinary liability of Agency staff towards the Agency shall be governed by the relevant provisions applying to the staff of the Agency.~~deleted

2008/04/01
Committee: ITRE

Robert GOEBBELS

Proposal for a regulation
Article 30

1. The Commission shall carry out an evaluation of the activities of the Agency. This shall cover the results achieved by the Agency and its working methods, in relation with its objective, mandate and tasks defined in this Regulation and in its annual work programmes. 2. The first evaluation report shall be presented by the Commission to the European Parliament and the Council at the latest four years after the first Director has taken up his or her duties. The Commission shall then present an evaluation report at least every five years.Article 30 deleted Evaluation

2008/04/01
Committee: ITRE

78 Amendments of Robert GOEBBELS related to 2007/0197(COD)

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