BETA

68 Amendments of Nicole FONTAINE

Amendment 15 #

2008/2237(INI)

Motion for a resolution
Paragraph – 1 (new)
–1. Calls on the Council to adopt an action plan for compulsory implementation of the constituent parts of the ‘Priority for SMEs’ principle at European, national and local level;
2008/11/26
Committee: ITRE
Amendment 16 #

2008/2237(INI)

Motion for a resolution
Paragraph – 1 a (new)
–1a. Calls on the Commission to adduce the ways and means of enabling the ‘Priority for SMEs’ principle to be applied as a compulsory component of future European legislation;
2008/11/26
Committee: ITRE
Amendment 26 #

2008/2237(INI)

Motion for a resolution
Paragraph 2
2. Calls on the Commission to further enhance the visibility and awareness of SME-related policy actions through the bundling of existing Community instruments and funds for SMEs under a separate heading in the EU budget.
2008/11/26
Committee: ITRE
Amendment 28 #

2008/2237(INI)

Motion for a resolution
Paragraph 3
3. Is strongly convinced that it is vital to introduce a follow-up mechanism to monitor the proper and speedy implementation of those policy initiatives which have already been launched; therefore calls on the Council to embed the actions to be taken at the level of Member States in the Lisbon process and to inform Parliament annually on the progress made; requests the Member States to incorporate into their annual reports on the national reform programmes a separate chapter on the stage reached in the application of the ‘Priority for SMEs’ principle.
2008/11/26
Committee: ITRE
Amendment 31 #

2008/2237(INI)

Motion for a resolution
Paragraph 4
4. Encourages the setting up of a screeningCalls on the Commission to set up a system for the monitoring of the progress of, and implementation by, the Commission and Member Statesachieved by the Commission and Member States and alls on the Commission, in this respect, to establish uniform criteria for assessing the progress made in implementing the ‘Priority for SMEs’ principle; is firmly convinced that the annual reports by the Member States to the Commission and the above-mentioned Commission communication of 25 June 2008 promote implementation of the Small Business Act; calls on the Member States to present their first progress report at the end of 2009;
2008/11/26
Committee: ITRE
Amendment 36 #

2008/2237(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Would support the drawing-up of a schedule for the measures which the Commission and Member States must take in order to implement the Small Business Act;
2008/11/26
Committee: ITRE
Amendment 54 #

2008/2237(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Supports the Commission’s initiative to improve access to the Seventh Framework Programme for Research and Development;
2008/11/26
Committee: ITRE
Amendment 59 #

2008/2237(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Member States and the Commission to createimplement better framework conditions aimed at promotingcreating an environment propitious to innovation by SMEs, in particular by introducing ways to improve the protection of intellectual property and to fight against counterfeiting and fraud more effectively, throughout the European Union, by immediately introducing a Community patent and a patent court system;
2008/11/26
Committee: ITRE
Amendment 78 #

2008/2237(INI)

Motion for a resolution
Paragraph 10
10. Draws attention to the need for sufficient technical and skilled personnel; therefore, believes that more investment is needed in education and that the links between educational institutions and SMEs should be strengthened; stresses the need, therefore, to develop work-based initial vocational training, since this method of training is recognised as helping to enhance the competitiveness of SMEs, and encourages the further extension of individual mobility schemes such as Erasmus for young entrepreneurs" and Erasmus for apprentices”;; ’;
2008/11/26
Committee: ITRE
Amendment 85 #

2008/2237(INI)

Motion for a resolution
Paragraph 11
11. Points out that the main source of funding for SMEs in Europe comes from their own activity; calls on Member States to provide better conditions and from credits and loans granted to them by the financial institutions, and that the increased risk assumed by those institutions endangers the access to finance needed by SMEs; calls on the institutions, therefore, to enablsure SMEs to reduce costs and’ access to financing and to offer them the possibility of consolidating their capital by reinvesting their profit in the company;
2008/11/26
Committee: ITRE
Amendment 90 #

2008/2237(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Calls on the Commission and Member States to step up their efforts to promote and provide information on the existence of European funds and State aids intended for SMEs, and to make these two instruments both more accessible and more easily understandable;
2008/11/26
Committee: ITRE
Amendment 95 #

2008/2237(INI)

Motion for a resolution
Paragraph 12
12. Recognises that capitalthe Member States’ taxation systems can be a deterrent to the transfer of businesses, in particular family businesses, increasing the risk of liquidation or closure of the company; calls, therefore, on Member States to review carefully their legal and fiscal framework to improve the conditions for transfer of businesses, employment and reinvestment of profit;
2008/11/26
Committee: ITRE
Amendment 104 #

2008/2237(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Welcomes the Commission’s initiative of increasing the availability of micro-credits and, with this in mind, encourages the creation of a micro-credit contact point in each Member State;
2008/11/26
Committee: ITRE
Amendment 110 #

2008/2237(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Welcomes the Commission’s initiative of reviewing Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions; urges the creation at Community level of a harmonised time limit and more binding penalties for exceeding this limit; also calls on the Member States to improve the payment culture in their public administrations;
2008/11/26
Committee: ITRE
Amendment 117 #

2008/2237(INI)

Motion for a resolution
Paragraph 17
17. Notes that public procurement covers around 16% of EU GDP; calls on the Commission and Member States to strengthen SME access to and participation in public procurement through invia the various platforms for the ‘demater ialia making more use of e-prsation’ of public procurement, staggered payments and the harmonisation of the required docurements;
2008/11/26
Committee: ITRE
Amendment 128 #

2008/2237(INI)

Motion for a resolution
Paragraph 18
18. Points out that only 8% of all SMEs are involved in cross-border activities, which curtails possibilities for growth; considers that it is essential to boost the internal market; believes that Member States should cooperate in harmonising administrative requirements that affect intra-Community activities; calls on the Member States swiftly to transpose and implement the Services Directive paying special attention to the interests of SMEs and also encourages the swift adoption of the statute on a European Private Company;
2008/11/26
Committee: ITRE
Amendment 135 #

2008/2237(INI)

Motion for a resolution
Paragraph 19
19. Calls on the Commission continuously to enhance the framework requirements for access of SMEs to foreign markets and to support the provision of information; encourages the setting up of European business support centres in China and India, in close cooperation with national business support centres already operating there; recalls, nevertheless, that SMEs need better access to information and qualified advice in their home countries;
2008/11/26
Committee: ITRE
Amendment 146 #

2008/2237(INI)

Motion for a resolution
Paragraph 20
20. Believes that there is an imperative need to cut red tape by at least 25% where possible and to put in place a modern administration adapted to the needs of SMEs, to enable them to save time and money and to devote the resulting resources to their development;
2008/11/26
Committee: ITRE
Amendment 157 #

2008/2237(INI)

Motion for a resolution
Paragraph 22
22. Points out that the Commission’s existing consultation period of 8 weeks should be extended to at least 12 weeks and that consultation documents should be available in all languages; calls on the Commission and SME organisations to involve SMEs actively and directly in the consultation process ; calls on the Commission to provide a summary of consultations carried out in the Member States;
2008/11/26
Committee: ITRE
Amendment 159 #

2008/2237(INI)

Motion for a resolution
Paragraph 24
24. Stresses the need for the introduction of common commencement dates for new European legislation affecting business at EU levelSMEs; calls on the Member States and SME associations to inform SMEs concisely and comprehensibly of changes to legislation affecting them;
2008/11/26
Committee: ITRE
Amendment 118 #

2008/0013(COD)

Proposal for a directive – amending act
Recital 20 a (new)
(20a) No undue distortion of competition should be created between installations whether they are externalised or not.
2008/06/23
Committee: ITRE
Amendment 156 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 2 – point c
Directive 2003/87/EC
Article 3 – point u a (new)
(ua) ‘externalised installation’ means an installation owned and/or operated by a third party which fulfils a function that may alternatively be provided by an internal production activity integrated into the production process of the economic sector concerned.
2008/06/26
Committee: ITRE
Amendment 231 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 a (new)
1a. Installations, whether they are externalised or not, will receive equal treatment as regards emissions allowances.
2008/06/26
Committee: ITRE
Amendment 307 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 3 - introductory part
In the determination referred to in the first subparagraph the Commission shall take into account the extent to which it is possible for the sector or sub-sector concerned to pass on the cost of the required allowances in product prices without significant loss of market share to less carbon efficient installations outside or inside the Community, taking into account the following:
2008/06/30
Committee: ITRE
Amendment 105 #

2007/0297(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
(fa) ‘eco-innovation’ means technological measures or innovations proven to deliver a quantifiable contribution to reducing CO2 emissions that is not taken into account, or not sufficiently taken into account, in the definition in Regulation (EC) No 715/2007 nor covered in the additional measures mentioned in Article 1. A limited list of measures should be established.
2008/06/17
Committee: ITRE
Amendment 143 #

2007/0297(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. The excess emissions premium under paragraph 1 shall be calculated using the following formula: Excess emissions x number of new passenger cars emitting more than 130 g of CO2/km plus 50% of the number of new passenger cars emitting 130 g of CO2/km or less x excess emissions premium prescribed in paragraph 3. Where: 'Excess emissions' means the positive number of grams per kilometre by which the manufacturer's average specific emissions exceeded its specific emissions target in the calendar year rounded to the nearest three decimal places; and 'Number of new passenger cars' means the number of new passenger cars for which it is the manufacturer and which were registered in that year.
2008/06/17
Committee: ITRE
Amendment 144 #

2007/0297(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. The excess emissions premium under paragraph 1 shall be calculated using the following formula: Excess emissions x number of new passenger cars emitting more than 130 g of CO2/km x excess emissions premium prescribed in paragraph 3. Where: 'Excess emissions' means the positive number of grams per kilometre by which the manufacturer's average specific emissions exceeded its specific emissions target in the calendar year rounded to the nearest three decimal places; and 'Number of new passenger cars' means the number of new passenger cars for which it is the manufacturer and which were registered in that year.
2008/06/17
Committee: ITRE
Amendment 40 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 4
(4) The Communication of the Commission of 10 January 2007 entitled "An Energy Policy for Europe" highlighted the importance of completing the internal market in natural gas and of creating a level playing field for all gas companies established in the Community. The Internal Energy Market Communication and the final Report on the Competition Sectoral Enquiry showed that the present rules and measures do not provide the necessary framework for achieving the objective of a well functioning internal market. On the other hand, the final Report on the Competition Sectoral Enquiry and the impact assessment produced to support the third legislative package on the internal energy market provided no convincing evidence that made it possible to establish the best or only way to improve the way that market works.
2008/04/07
Committee: ITRE
Amendment 45 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 5
(5) Without effective separation of networks from activities of production and supply, there is an inherent risk of discrimination not only in the operation of the network but also in the incentives for vertically integrated companies to invest adequately in their networks. The main motivation for investing is the remuneration received by the operator. Should the national regulatory authority set a low level of remuneration, this would lead to a decrease in investment. On the other hand, should it set a fair and proportionate level of remuneration, ensuring that revenue covers costs and pays off such investment, it would automatically generate an increase in investment, regardless of whether the network operator belongs to an integrated group. Therefore, the primary major determining factor for investment resides in pricing regulation and in the role and powers of the national regulatory authorities, which should be reinforced in order to complete the internal market to the benefit of the consumer.
2008/04/07
Committee: ITRE
Amendment 50 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 7
(7) Only tThe removal of the inherent incentive for vertically integrated companies to discriminate against competitors as regards network access and investment can ensure effective unbundling. Ownership unbundling, which implies the network owner being appointed as the network operator and being independent from any supply and production interests, is clearly the most effective and stablone way to solve the inherent conflict of interest and to ensure security of supply. For this reason, t. The European Parliament, in its Rresolution on Pprospects for the internal gas and electricity market, adopted on 10 July 2007 referred to ownership unbundling at transmission level as the most effective tool to promote investments in infrastructures in a non-discriminatory way, fair access to the grid for new entrants and transparency in the market. Member States should therefore be required to ensure that the same person or persons are not entitled to exercise control, including through minority blocking rights on decisions of strategic importance such as investments, over a production or supply undertaking and, at the same time, hold any interest in or exercise any right over a transmission system operator or transmission system. Conversely, , considered moreover that the application of further unbundling measures for the gas sector is not straightforward, and therefore urged the development of specific solutions to enable this sector to achieve the completion of the internal gas market, taking into accountrol over a transmission system operator should preclude the possibility of holding any interest in or exercising any right over a supply undertaking the differences between the upstream and downstream markets.
2008/04/07
Committee: ITRE
Amendment 60 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 8 a (new)
(8a) Member States that so wish may apply the provisions of this Directive relating to the effective and efficient separation of transmission systems and transmission system operators. This is effective because it helps ensure the independence of transmission system operators. It is efficient because it provides a more appropriate regulatory framework to guarantee fair competition, sufficient investment, access for new entrants and the integration of natural gas markets. It is based on a pillar of organisational measures and measures relating to the governance of transmission system operators and on a pillar of measures relating to investment, connecting new production capacities to the network and market integration through regional cooperation. It is in line with the requirements laid down by the European Council at its meeting in Brussels on 8 and 9 March 2007.
2008/04/07
Committee: ITRE
Amendment 64 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 10
(10) The setting up of system operators independent from supply and production interests should enable vertically integrated companies to maintain their ownership of network assets whilst ensuring an effective separation of interests, provided that the independent system operator performs all the functions of a network operator or efficient and effective unbundling is implemented and detailed regulation and extensive regulatory control mechanisms are put in place.
2008/04/07
Committee: ITRE
Amendment 70 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 11
(11) Where the undertaking owning a transmission system is part of a vertically integrated undertaking, Member States should therefore be given a choice between ownership unbundling and, as a derogation,, effective and efficient unbundling of transmission systems and of transmission system operators, and setting up system operators which are independent from supply and generation interests. The full effectiveness of the independent system operator solution needs to be assured by way of specific additional rules. To preserve fully the interests of the shareholders of vertically integrated companies, Member States should have the choice of implementing ownership unbundling either by direct divestiture or by splitting the shares of the integrated company into shares of the network company and shares of the remaining supply and generation business, provided that the requirements resulting from ownership unbundling are complied with.
2008/04/07
Committee: ITRE
Amendment 116 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 25
(25) In view of the creation of an internal market for electricity, Member States should foster the integration of their national markets and the cooperation of network operators at European and regional level. Regional integration initiatives are an essential intermediate step in achieving European integration of energy markets, which remains the final objective. The regional level contributes towards accelerating the integration process by making it possible for the actors concerned, particularly the Member States, the national regulatory authorities and the transmission system operators, to cooperate on specific issues.
2008/04/07
Committee: ITRE
Amendment 190 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 3
Directive 2003/55/EC
Article 5b
1. Member States shall cooperate among themselves for the purpose of integrating their national markets at least at the regional level. In particular, Member States shall promote the cooperation of network operators at a regional level, and foster the consistency of their legal and regulatory framework. The geographical2. When the cooperation between several Member States at a regional level encounters significant difficulties, following the joint request of these Member States, the Commission may designate, in agreaement with all Member States covncerned by, a regional cooperations shall be in line with the definition of geographical areas by the Commission in accordance with Article 2h(3) of Regulation (EC) No 1775/2005. rdinator. 3. The regional coordinator shall promote at regional level the cooperation of national regulatory authorities and other competent public authorities, network operators, gas exchanges, grid users and market parties. In particular, the regional coordinator shall : (a) promote new efficient investments in interconnections. To this end, the regional coordinator shall assist transmission system operators in drawing up their regional interconnection plan and shall contribute to the coordination of their investments decisions and, where appropriate, of their open season procedure; (b) promote the efficient and safe use of the networks. To this end, the regional coordinator shall contribute to the coordination between transmission system operators, national regulatory authorities and other competent national public authorities in drawing up their common allocation and common safeguard mechanisms; (c) submit an annual report to the Commission and Member States concerned on the progress achieved in the region and on any difficulty or obstacle that may hinder such progress.
2008/04/10
Committee: ITRE
Amendment 199 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 4
Directive 2003/55/EC
Article 7 – paragraph –1 (new)
"–1. In order to ensure the independence of transmission system operators, Member States shall ensure that, as from [date of transposition plus one year], vertically integrated undertakings must comply with the provisions of Article 7(1)(a) to (d) or Article 9 or Article 9b."
2008/04/10
Committee: ITRE
Amendment 238 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 6 c (new)
Directive 2003/55/EC
Article 8 – paragraphs 4 a to 4 h (new)
(6c) In Article 8, the following paragraphs shall be added: "4a. Transmission system operators shall draw up a 10-year network development plan at least every two years. They shall take efficient measures to guarantee system adequacy and security of supply. 4b. The 10-year network development plan shall in particular: a) indicate to market participants the main transmission infrastructures that ought to be built over the next ten years; b) contain all the investments already decided upon and identify new investments for which an implementation decision has to be taken in the next three years. 4c. In order to draw up this 10-year network development plan, each transmission system operator shall make a hypothesis about the evolution of generation, consumption and exchanges with other countries, and shall take into account regional and European-wide existing network investment plans. Transmission system operator shall submit in due time the draft of this plan to the competent national body. 4d. The competent national body shall consult the draft with all relevant network users in an open and transparent way, and may publish the result of such consultation, in particular possible investment need. 4e. The competent national body shall examine whether the draft 10-year network development plan covers all investment needs identified during the consultation. The competent national body may require the transmission system operator to amend this plan. 4f. The competent national body within the meaning of paragraphs 4c, 4d and 4e, may be the national regulatory authority, any other competent national public authority or a network development trustee established by transmission system operators. In the latter case, transmission system operators shall submit the drafts of their statutes, a list of their members and their rules of procedure to the competent national public authority for its approval. 4g. If the transmission system operator fails to implement a specific investment listed in the 10-year network development plan within the subsequent three years, Members States shall ensure that the national regulatory authority or any other competent national public authority has the necessary powers to take one of the following measures: a) to request, by all legal means, the transmission system operator to fulfil its investment obligations using its financial capacities, or, b) to invite independent investors to tender for the necessary investment in a transmission system and at the same time may oblige the transmission system operator: – to agree to financing by any third party, – to agree to building by any third party or to build the respective new assets and – to operate the respective new asset. The relevant financial arrangements shall be subject to the approval of the national regulatory authority or any other competent national authority. In both cases, tariff regulation shall allow for revenues that cover the costs of such investments. 4h. The competent national public authority shall monitor and evaluate the implementation of the investment plan.
2008/04/10
Committee: ITRE
Amendment 240 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 6 d (new)
Directive 2003/55/EC
Article 8 a (new)
(6d) The following Article shall be inserted: "Article 8a Effective and efficient unbundling of transmission systems I. Assets, equipment, staff and identity 1. Transmission system operators shall be equipped with all human, physical and financial resources of the vertically integrated undertaking necessary for the regular business of gas transmission, in particular: (i) transmission system operators shall own assets necessary for the regular business of gas transmission; (ii) transmission system operators shall employ the staff necessary for the regular business of gas transmission; (iii) the sharing of the staff and the provision of services between branches of a vertically integrated undertaking performing functions of generation or supply shall be limited to cases where there is no possibility of discrimination and shall be subject to approval by national regulatory authorities in order to exclude competition concerns and conflicts of interest; (iv) appropriate financial resources for future investment projects shall be made available in due time. 2. The activities deemed necessary for the regular business of gas transmission mentioned in paragraph 1 shall include at least the following: – representation of the transmission system operator and contacts with third parties and national regulatory authorities, – granting and managing third party access to the network, – collection of access charges, congestion rents and payments under the inter transmission system operator compensation mechanism, in compliance with Article 3 of Regulation (EC) No 1228/2003, – operation, maintenance and development of the transmission system, – investment planning ensuring the long- term ability of the system to meet reasonable demand and guaranteeing security of supply, – legal services, – accountancy and IT services. 3. Transmission system operators shall have the legal form of a joint-stock company. 4. The transmission system operator shall have its own corporate identity, significantly different from the vertically integrated undertaking, with separate branding, communication and premises. 5. Transmission system operators' accounts shall be audited by an auditor other than the person auditing the vertically integrated undertaking and all its affiliated companies. II. Independence of the transmission system operator's management, chief executive officer / executive board 6. Decisions on the appointment and on any early termination of the employment of the chief executive officer or members of the executive board of the transmission system operator and decisions on the conclusion or early termination of the employment contracts with these persons shall be notified to the national regulatory authority or any other competent national public authority. These decisions and agreements may become binding only if, within a period of 3 weeks following the notification, the regulatory authority or any other competent national public authority has not used its right of veto. A veto may be used if an appointment and the conclusion of the relevant agreement poses serious doubts as to the professional independence of the nominated chief executive officer or a member of the executive board; in the case of early terminations of employment and of respective agreements with these persons, the right of veto may be used only if serious doubts exist regarding the basis and justification of such termination. 7. Right of appeal to the national regulatory authority or another competent national public authority or to a court shall be guaranteed to the management of the transmission system operator in the event of early terminations of their employment. 8. After termination of employment in the transmission system operator, the chief executive officers / members of the executive board shall not participate in any branch of the vertically integrated undertaking performing functions of generation or supply for a period of not less than 3 years. 9. The chief executive officer / members of the executive board shall not hold any interest in or receive any compensation from any undertaking of the vertically integrated company other than the transmission system operator. Remuneration of the chief executive officer / members of the executive board shall in no part depend on activities of the vertically integrated undertaking other than those of the transmission system operator. 10. The chief executive officer or the members of the executive board of the transmission system operator may not be responsible, directly or indirectly, for the day-to-day operation of any other branch of the vertically integrated undertaking. 11. Without prejudice to the provisions above, the transmission system operator shall have effective decision-making rights, independent from the integrated gas undertaking, with respect to assets necessary to operate, maintain or develop the network. This should not prevent the existence of appropriate coordination mechanisms to ensure that the economic and management supervision rights of the parent company in respect of return on assets, regulated indirectly in accordance with Article 24c, in a subsidiary are protected. In particular, this shall enable the parent company to approve the annual financial plan, or any equivalent instrument, of the transmission system operator and to set global limits on the levels of indebtedness of its subsidiary. It shall not permit the parent company to give instructions regarding day-to-day operations, nor with respect to individual decisions concerning the construction or upgrading of transmission lines, that do not exceed the terms of the approved financial plan, or any equivalent instrument. III. Supervisory board / Board of directors 12. Chairmen of the supervisory board/board of directors of the transmission system operator shall not participate in any branch of the vertically integrated undertaking performing functions of generation or supply. 13. The supervisory boards / boards of directors of transmission system operators shall also include independent members, appointed for a term of at least 5 years. Appointment of the members of the supervisory board / board of directors shall be notified to the national regulatory authority/ or any other competent national public authority and become binding under the conditions described in paragraph 6. 14. For the purpose of paragraph 13, a member of the supervisory board / board of directors of a transmission system operator shall be deemed independent if he/she does not participate in any business with, or is no other relationship with the vertically integrated undertaking, its controlling shareholders or the management of either, that would create a conflict of interest, in particular: (a) has not been an employee of any branch of the vertically integrated undertaking performing functions of generation and supply in five years prior to the appointment as a member of the supervisory board / board of directors; (b) does not hold any interest in, and does not receive any compensation from, the vertically integrated undertaking or any of its affiliates except the transmission system operator; (c) does not have any relevant business relationship with any branch of the vertically integrated company performing functions of energy supply during his/her appointment as a member of the supervisory board / board of directors; (d) is not a member of the executive board of a company in which the vertically integrated undertaking appoints members of the supervisory board / board of directors. IV. Compliance officer 15. Member States shall ensure that transmission system operators establish and implement a compliance programme which sets out measures to be taken to ensure that discriminatory conduct is excluded. The programme shall also set out the specific obligations of employees of the transmission system operators to meet this objective. The programme shall be subject to the approval of the national regulatory authority or any other competent national public authority. Compliance of the program shall be independently monitored by the compliance officer. The national regulatory authority shall have the power to impose sanctions in case of inappropriate implementation of the compliance program by the transmission system operator. 16. The chief executive officer / executive board of the transmission system operator shall appoint a person or a body in a function of a compliance officer who shall be responsible for: (i) monitoring the implementation of the compliance programme; (ii) preparing an annual report, setting out the measures to be taken in order to implement the compliance programme and submitting it to the national regulatory authority; (iii) issuing recommendations regarding the compliance programme and its implementation. 17. The independence of the compliance officer shall be guaranteed in particular by the terms of the relevant employment contract. 18. The compliance officer shall have the opportunity to regularly address the supervisory board/board of directors of the transmission system operator, of the vertically integrated undertaking and the national regulatory authorities. 19. The compliance officer shall attend all meetings of the supervisory board / board of directors of the transmission system operator that address the following areas: (i) conditions for access and connection to the system, including the collection of access charges, congestion rents, and payments under the inter transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No 1228/2003; (ii) projects undertaken in order to operate, maintain and develop the transmission grid system, including interconnection and connection investments; (iii) energy purchases in order to cover energy losses. 20. During these meetings, the compliance officer shall prevent information about generators or suppliers activities which may be commercially advantageous from being disclosed in a discriminatory manner to the supervisory board/board of directors. 21. The compliance officer shall have access to all relevant books, records and offices of the transmission system operator and to all the necessary information for the fulfilment of the tasks. The compliance officer shall be nominated and removed by the chief executive officer / executive board only after prior approval by the national regulatory authority."
2008/04/10
Committee: ITRE
Amendment 98 #

2007/0195(COD)

Proposal for a directive – amending act
Recital 4
(4) The Communication of the Commission of 10 January 2007 entitled “An Energy Policy for Europe” highlighted the importance of completing the internal market in electricity and of creating a level playing field for all electricity companies established in the Community. The Internal Energy Market Communication and the final Report on the Competition Sectoral Enquiry showed that the present rules and measures do not provide the necessary framework for achieving the objective of a well functioning internal market. Furthermore, the final Report on the Competition Sectoral Enquiry and the impact assessment conducted to support the third legislative package on the internal energy market provided no convincing evidence to make it possible to determine the best or only way to improve the way the internal market works.
2008/03/17
Committee: ITRE
Amendment 100 #

2007/0195(COD)

Proposal for a directive – amending act
Recital 5
(5) Without effective separation of networks from activities of generation and supply, there is an inherent risk of discrimination not only in the operation of the network but also in the incentives for vertically integrated companies to invest adequately in their networks. The main motivation for investing is the remuneration received by the operator. If the national regulatory authority sets a low level of remuneration, this will lead to a decrease in investment. On the other hand, if it sets a fair and proportionate level of remuneration, ensuring that revenue covers costs and pays off such investment, it will automatically generate an increase in investment, regardless of whether the network operator belongs to an integrated group. Therefore, the primary major determining factor for investment resides in pricing regulation and in the role and powers of the national regulatory authorities, which should be reinforced in order to complete the internal market to the benefit of the consumer.
2008/03/17
Committee: ITRE
Amendment 106 #

2007/0195(COD)

Proposal for a directive – amending act
Recital 7
(7) Only tThe removal of the inherent incentive for vertically integrated companies to discriminate against competitors as regards network access and investment can ensure effective unbundling. Ownership unbundling, which implies the network owner being appointed as the network operator and being independent from any supply and production interests, is clearly the most effective and stablone of the way tos of solveing the inherent conflict of interest and to ensure security of supply. For this reason, t. The European Parliament in its Rresolution on Pprospects for the internal gas and electricity market adopted on 10 July 2007 referred to ownership unbundling at transmission level as the most effective tool to promote investments in infrastructures in a non-discriminatory way, fair access to the grid for new entrants and transparency in the market. Member States should therefore be required to ensure that the same person or persons are not entitled to exercise control, including through minority blocking rights on decisions of strategic importance such as investments, over a production or supply undertaking and, at the same time, hold any interest in or exercise any right over a transmission system operator or transmission system. Conversely, control over a transmission system operator should preclude the possibility of holding any interest in or exercising any right over a supply undertaking.
2008/03/17
Committee: ITRE
Amendment 109 #

2007/0195(COD)

Proposal for a directive – amending act
Recital 8 a (new)
(8a) Member States that so wish may apply the provisions of this Directive relating to the effective and efficient separation of transmission systems and transmission system operators. This separation is effective because it helps ensure the independence of transmission system operators. It is efficient because it provide a more appropriate regulatory framework to guarantee fair competition, sufficient investment, access for new entrants and the integration of electricity markets. It is based on a pillar of organisational measures and measures relating to the governance of transmission system operators and on a pillar of measures relating to investment, connecting new production capacities to the network and market integration through regional cooperation. It is in line with the requirements laid down by the European Council at its meeting in Brussels on 8 and 9 March 2007.
2008/03/17
Committee: ITRE
Amendment 121 #

2007/0195(COD)

Proposal for a directive – amending act
Recital 11
(11) Where the undertaking owning a transmission system is part of a vertically integrated undertaking, Member States should therefore be given a choice between ownership unbundling and, as a derogation,, effective and efficient unbundling of transmission systems and of transmission system operators, and setting up system operators which are independent from supply and generation interests. The full effectiveness of the independent system operator solution needs to be assured by way of specific additional rules. To preserve fully the interests of the shareholders of vertically integrated companies, Member States should have the choice of implementing ownership unbundling either by direct divestiture or by splitting the shares of the integrated company into shares of the network company and shares of the remaining supply and generation business, provided that the requirements resulting from ownership unbundling are complied with.
2008/03/17
Committee: ITRE
Amendment 146 #

2007/0195(COD)

Proposal for a directive – amending act
Recital 22
(22) In view of the creation of an internal market for electricity, Member States should foster the integration of their national markets and the cooperation of network operators at European and regional levelnational level. Regional integration initiatives are an essential intermediate step in achieving European integration of energy markets, which remains the final objective. The regional level contributes towards accelerating the integration process by making it possible for the actors concerned, particularly the Member States, the national regulatory authorities and the transmission system operators, to cooperate on specific issues.
2008/03/17
Committee: ITRE
Amendment 148 #

2007/0195(COD)

Proposal for a directive – amending act
Recital 22 a (new)
(22a) Regional coordinators could be appointed to facilitate dialogue between all relevant actors, national authorities, transmission system operators, users, electricity exchanges and other market actors. Their involvement could be particularly beneficial for the planning of cross-border investment. They will report annually to the Commission and the Member States on the progress made and difficulties encountered.
2008/03/17
Committee: ITRE
Amendment 197 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 3
Directive 2003/54/EC
Article 5a
1. Member States shall cooperate among themselves for the purpose of integrating their national markets at least at the regional level. In particular, Member States shall promote the cooperation of network operators at a regional level, and foster the consistency of their legal and regulatory framework. The geographical area covered by regional cooperations shall be in line with the definition of geographical areas b1a. When the cooperation between several Member States at a regional level encounters significant difficulties, following the joint request of these Member States the Commission may designate, in agreement with all Member States concerned, a regional coordinator. 1b. The regional coordinator shall promote at a regional level the cooperation of national regulatory authorities and any othe Commission in accordance with Article 2h(3) of Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions fr competent public authorities, network operators, power exchanges, grid users and market parties. In particular, the regional coordinator shall: (a) promote new efficient investments in interconnections. To this end, the regional coordinator shall assist transmission system operators at drawing up of their regional interconnection plan and contribute to the coordination of their investments decisions and, where appropriate, of their open season procedure; (b) promote the efficient and safe use of the networks. To this end, the regional coordinator shall contribute to the coordination between transmission system operators, national regulatory access to the network for cross-border exchanges in electricity." uthorities and other competent national public authorities with the preparation of common allocation and common safeguard mechanisms; (c) annually submit a report to the Commission and Member States concerned on the progress achieved in the region and on any difficulty or obstacle that may hinder such a progress.
2008/03/17
Committee: ITRE
Amendment 214 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 3 c (new)
Directive 2003/54/EC
Article 5 b (new)
(3c) The following Article shall be inserted: "Article 5b In order to foster the development of a secure and reliable management of cross- border electricity flows, transmission system operators shall set up, inside each geographical area defined in Article 2h(3) of Regulation (EC) No 1228/2003, a coordination centre that will: (i) provide for an emergency communication platform; (ii) perform regional non real time studies on congested situations at the border." Or. en (Adding new Article 5b in Directive 2003/54/EC)
2008/03/17
Committee: ITRE
Amendment 215 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 3 d (new)
Directive 2003/54/EC
Article 5 c (new)
(3d) The following Article shall be inserted: Article 5c ‘The relevant national authorities covered by the new regional system operator shall, in accordance with a binding timetable communicated to the Agency, harmonise the rules on: – the allocation of cross-border capacities for all timescales; – the establishment of a single interface for users of interconnections; – common management of a secondary market; – the creation of an integrated system of sub-daily interconnection capacities; – adjustment and security.’ Or. xm (Adding new Article 5c in Directive 2003/54/EC)
2008/03/17
Committee: ITRE
Amendment 224 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 3 h (new)
Directive 2003/54/EC
Article 7 a (new)
(3h) The following Article shall be inserted: "Article 7a In order to ensure the independence of transmission system operators, Member States shall ensure that as from [date of transposition plus one year] vertically integrated undertakings have to comply either with Article 8(1), points (a) to (d), or with Article 10 or with the provisions of Article 8ba." Or. en (Adding a new Article 7a to Directive 2003/54/EC)
2008/03/17
Committee: ITRE
Amendment 268 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 5 a (new)
Directive 2003/54/EC
Article 8b a (new)
(5a) The following Article shall be inserted: "Article 8ba Effective and efficient unbundling of transmission systems I. Assets, equipment, staff and identity 1. Transmission system operators shall be equipped with all human, physical and financial resources of the vertically integrated undertaking necessary for the regular business of electricity transmission, in particular: (a) transmission system operator shall own assets that are necessary for the regular business of electricity transmission ; (b) transmission system operator shall employ personnel necessary for the regular business of electricity transmission; (c) leasing of personnel and rendering of services, from and to any branch of the vertically integrated undertaking performing functions of generation or supply, shall be limited to cases with no discriminatory potential and be subject to approval by national regulatory authority in order to exclude competition concerns and conflicts of interest; (d) appropriate financial resources for future investment projects shall be available in due time. 2. The activities deemed necessary for the regular business of electricity transmission mentioned in paragraph 1 shall at least include : - representation of the transmission system operator and contacts with third parties and national regulatory authorities, - granting and managing third party access to the grid, - collection of the access charges, congestion rents and payments under the inter transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No. 1228/2003, - operation, maintenance and development of the transmission system, - investment planning ensuring the long- term ability of the system to meet reasonable demand and guaranteeing security of supply, - legal services, - accountancy and IT services. 3. Transmission system operators shall have a legal form of a joint-stock company. 4. The transmission system operator shall have its own corporate identity, significantly different from the vertically integrated undertaking with separate branding, communication and premises. 5. Transmission system operators´ accounts shall be audited by another auditor than the one auditing the vertically integrated undertaking and all its affiliated companies. II. Independence of the TSO management, chief executive officer / executive board 6. Decisions on the appointment and on early termination of the employment of the chief executive officer and members of the executive board of the transmission system operator and on conclusion or early termination of the respective employment contracts with these persons shall be notified to the national regulatory authority or any other competent national public authority. These decisions and agreements may become binding only if, within a period of 3 weeks after the notification, the national regulatory authority or any other competent national public authority has not used its right of veto. A veto may be used if an appointment and conclusion of respective agreement poses serious doubts as to the professional independence of the nominated chief executive officer or member of the executive board; in the case of early termination of employment and of respective agreements of these persons, the right of veto may be used by the national regulatory authority or any other competent national public authority if serious doubts exist regarding the basis and justification of such termination. 7. Right to appeal to the national regulatory authority or another competent national public authority or to a court shall be guaranteed to the chief executive officer and member of the executive board of the transmission system operator in case of early terminations of their employment. 8. After termination of employment in the transmission system operator, chief executive officers / members of the executive board shall not participate in any branch of the vertically integrated undertaking performing functions of generation or supply for a period of not less than 3 years. 9. The chief executive officer / members of the executive board shall not hold any interest in or receive any compensation from any undertaking of the vertically integrated company other than the transmission system operator. Remuneration of the chief executive officer / members of the executive board shall in no part depend on activities of the vertically integrated undertaking other than those of the transmission system operator. 10. The chief executive officer or the members of the executive board of the transmission system operator may not bear responsibility, directly or indirectly, for the day-to-day operation of any other branch of the vertically integrated undertaking. 11. Without prejudice to the provisions above, the transmission system operator shall have effective decision-making rights, independent from the integrated electricity undertaking, with respect to assets necessary to operate, maintain or develop the network. This should not prevent the existence of appropriate coordination mechanisms to ensure that the economic and management supervision rights of the parent company in respect of return on assets, regulated indirectly in accordance with Article 22c, in a subsidiary are protected. In particular, this shall enable the parent company to approve the annual financial plan, or any equivalent instrument, of the transmission system operator and to set global limits on the levels of indebtedness of its subsidiary. It shall not permit the parent company to give instructions regarding day-to-day operations, nor with respect to individual decisions concerning the construction or upgrading of transmission lines, that do not exceed the terms of the approved financial plan, or any equivalent instrument. III. Supervisory board / Board of directors 12. Chairmen of the supervisory board/board of directors of the transmission system operator shall not participate in any branch of the vertically integrated undertaking performing functions of generation or supply. 13. The supervisory boards / boards of directors of transmission system operator shall include also independent members, appointed for a term of at least 5 years. Their number is set up by the competent authority in a way of ensuring that electricity generators or suppliers shall not have, solely or collectively, the majority of the seats in the transmission system operator ´s Supervisory Board/Board of directors. Appointment of the members of the supervisory board / board of directors shall be notified to the national regulatory authority/ or any other competent national public authority and become binding under the conditions described in paragraph 6. 14. For the purpose of paragraph 13, a member of the supervisory board / board of directors of a transmission system operator shall be deemed independent if he is free of any business, or other relationship with the vertically integrated undertaking, its controlling shareholders or the management of either, that creates a conflict of interest, in particular: (a) has not been an employee of any branch of the vertically integrated undertaking performing functions of generation and supply in five years prior to their appointment as a member of the supervisory board / board of directors; (b) does not hold any interest in and does not receive any compensation from the vertically integrated undertaking or any of its affiliates except the transmission system operator; (c) does not hold any relevant business relationship with any branch of the vertically integrated company performing functions of energy supply during his/her appointment as a member of the supervisory board / board of directors; (d) is not a member of the executive board of a company in which the vertically integrated undertaking appoints members of the supervisory board / board of directors. IV. Compliance officer 15. Member States shall ensure that transmission system operators establish and implement a compliance programme which sets out measures to be taken to ensure that discriminatory conduct is excluded and to assess the users’ satisfaction with the quality of the provided service, its cost and the fulfilment of the contractual commitments of the transmission system operator. The programme shall also set out specific obligations of transmission system operator's employees to meet this objective. The programme shall be subject to approval of the national regulatory authority or any other competent national public authority. Compliance of the program shall be independently monitored by the compliance officer. The national regulatory authority shall have the power to impose sanctions in case of inappropriate implementation of the compliance program by the transmission system operator. 16. The chief executive officer / executive board of the transmission system operator shall appoint a person or a body in a function of a compliance officer who shall be responsible for : (a) monitoring the implementation of the compliance programme; (b) elaborating an annual report, setting out the measures taken in order to implement the compliance programme and submitting it to the national regulatory authority; (c) issuing recommendations on the compliance programme and its implementation. 17. The independence of the compliance officer shall be guaranteed in particular by the terms of his/her employment contract. 18. The compliance officer shall have the opportunity to regularly address the supervisory board/board of directors of the transmission system operator and, of the vertically integrated undertaking and national regulatory authorities. 19.The compliance officer shall participate at all meetings of the supervisory board / board of directors of the transmission system operator that address the following issues : (a) conditions for access and connection to the grid, including the collection of access charges, congestion rents, and payments under the inter transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No 1228/2003; (b) projects undertaken in order to operate, maintain and develop the transmission grid system, including interconnection and connection investments; (c) balancing rules, including reserve power rules; (d) energy purchases in order to cover energy losses. 20. During these meetings, the compliance officer shall prevent information about generation or supply activities which may be commercially advantageous from being disclosed in a discriminatory manner to the supervisory board/board of directors. 21. The compliance officer shall have access to all relevant books, records and offices of the transmission system operator and to all necessary information for proper fulfilment of his/her tasks. The compliance officer shall be nominated and removed by the chief executive officer / executive board only after the prior approval by the national regulatory authority.”
2008/04/11
Committee: ITRE
Amendment 269 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 5 a (new)
Directive 2003/54/EC
Article 8b a (new)
(5a) The following Article shall be inserted: "Article 8ba Effective and efficient unbundling of transmission systems I. Assets, equipment, staff and identity Transmission system operators shall be equipped with all human, physical and financial resources of the vertically integrated undertaking necessary for the regular business of electricity transmission, in particular: (a) transmission system operator shall own assets that are necessary for the regular business of electricity; (b) transmission system operator shall employ personnel necessary for the regular business of electricity transmission; (c) leasing of personnel and rendering of services, from and to any branch of the vertically integrated undertaking performing functions of generation or supply, shall be limited to cases with no discriminatory potential and be subject to approval by national regulatory authorities in order to exclude competition concerns and conflicts of interest; (d) appropriate financial resources for future investment projects shall be available in due time. 2. The activities deemed necessary for the regular business of electricity transmission mentioned in paragraph 1 shall at least include : (a) representation of the transmission system operator and contacts with third parties and national regulatory authorities; (b) granting and managing third party access to the grid; (c) collection of the access charges, congestion rents and payments under the inter transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No. 1228/2003; (d) operation, maintenance and development of the transmission system; (e) investment planning ensuring the long-term ability of the system to meet reasonable demand and guaranteeing security of supply; (f) legal services; (g) accountancy and IT services. 3. Transmission system operators shall have a legal form of a joint-stock company. 4. The transmission system operator shall have its own corporate identity, significantly different from the vertically integrated undertaking with separate branding, communication and premises. 5. Transmission system operators´ accounts shall be audited by another auditor than the one auditing the vertically integrated undertaking and all its affiliated companies. II. Independence of the transmission system operator management, chief executive officer / executive board 6. Decisions on the appointment and on any early termination of the employment of the chief executive officer / members of the executive board of the transmission system operator and the conclusion or early termination of respective employment contracts with these persons shall be notified to the national regulatory authority or any other competent national public authority. These decisions and agreements may become binding only if, within a period of 3 weeks after the notification, the national regulatory authority or any other competent national public authority has not used it's right of veto. A veto may be used in the case of appointment and conclusion of respective contractual agreements if serious doubts arise as to the professional independence of the nominated chief executive officer / member of the executive board; in the case of early termination of employment and respective employment contracts with the chief executive officer / member of the executive board, the national regulatory authority or any other competent national public authority may use its right of veto if serious doubts exist regarding the basis and justification for such termination. 7. Right of appeal to the regulatory authority or another competent national public authority or to a court shall be guaranteed to the chief executive office or the member of the executive board of the transmission system operator in case of early terminations of their employment. 8. After termination of employment in the transmission system operator, chief executive officers / members of the executive board shall not participate in any branch of the vertically integrated undertaking performing functions of generation or supply for a period of not less than 3 years. 9. The chief executive officer / members of the executive board shall not hold any interest in or receive any compensation from any undertaking of the vertically integrated company other than the transmission system operator. His/their remuneration shall in no part depend on activities of the vertically integrated undertaking other than those of the transmission system operator. 10. The chief executive officer or the members of the executive board of the transmission system operator may not bear responsibility, directly or indirectly, for the day-to-day operation of any other branch of the vertically integrated undertaking. 11. Without prejudice to the provisions above, the transmission system operator shall have effective decision-making rights, independent from the integrated electricity undertaking, with respect to assets necessary to operate, maintain or develop the network. This should not prevent the existence of appropriate coordination mechanisms to ensure that the economic and management supervision rights of the parent company in respect of return on assets, regulated indirectly in accordance with Article 22c, in a subsidiary are protected. In particular, this shall enable the parent company to approve the annual financial plan, or any equivalent instrument, of the transmission system operator and to set global limits on the levels of indebtedness of its subsidiary. It shall not permit the parent company to give instructions regarding day-to-day operations, nor with respect to individual decisions concerning the construction or upgrading of transmission lines, that do not exceed the terms of the approved financial plan, or any equivalent instrument. III. Supervisory board / Board of directors 12. Chairmen of the supervisory board/board of directors of the transmission system operator shall not participate in any branch of the vertically integrated undertaking performing functions of generation or supply. 13. The supervisory boards / boards of directors of transmission system operator shall include also independent members, appointed for a term of at least 5 years. Their appointment shall be notified to the national regulatory authority/ or any other competent national public authority and become binding under the conditions described in paragraph 6. 14. For the purpose of paragraph 13, a member of the supervisory board / board of directors of a transmission system operator shall be deemed independent if he is free of any business, or other relationship with the vertically integrated undertaking, its controlling shareholders or the management of either, that creates a conflict of interest, in particular: (a) has not been an employee of any branch of the vertically integrated undertaking performing functions of generation and supply in five years prior to their appointment as a member supervisory board / board of directors; (b) does not hold any interest in and does not receive any compensation from the vertically integrated undertaking or any of its affiliates except the transmission system operator; (c) does not hold any relevant business relationship with any branch of the vertically integrated company performing functions of energy supply during his/her appointment as a member supervisory board / board of directors; (d) is not a member of the executive board of a company in which the vertically integrated undertaking appoints members of the supervisory board / board of directors. IV. Compliance officer 15. Member States shall ensure that transmission system operators establish and implement a compliance programme which sets out measures to be taken to ensure that discriminatory conduct is excluded. The programme shall also set out specific obligations of employees of the transmission system operator to meet this objective. The programme shall be subject to approval of the national regulatory authority or any other competent national public authority. Compliance of the program shall be independently monitored by the compliance officer. The national regulatory authority shall have the power to impose sanctions in case of inappropriate implementation of the compliance program by the transmission system operator. 16. The chief executive officer / executive board of the transmission system operator shall appoint a person or a body in a function of a compliance officer who shall be responsible for : (a) monitoring the implementation of the compliance programme; (b) elaborating an annual report, setting out the measures taken in order to implement the compliance programme and submitting it to the national regulatory authority; (c) issuing recommendations on the compliance programme and its implementation. 17. The independence of the compliance officer shall be guaranteed in particular by the terms of his/her employment contract 18. The compliance officer shall have the opportunity to regularly address the supervisory board/board of directors of the transmission system operator and of the vertically integrated undertaking and the national regulatory authorities. 19. The compliance officer shall participate at all meetings of the supervisory board / board of directors of the transmission system operator that address the following issues: (a) conditions for access and connection to the grid, including the collection of access charges, congestion rents, and payments under the inter transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No 1228/2003; (b) projects undertaken in order to operate, maintain and develop the transmission grid system, including interconnection and connection investments; (c) balancing rules, including reserve power rules; (d) energy purchases in order to cover energy losses. 20. During these meetings, the compliance officer shall prevent information about generation or supply activities which may be commercially advantageous from being disclosed in a discriminatory manner to the supervisory board/board of directors. 21. The compliance officer shall have access to all relevant books, records and offices of the transmission system operator and to all necessary information for the proper fulfilment of the tasks. 22. The compliance officer shall be nominated and removed by the chief executive officer / executive board only after prior approval by the national regulatory authority."
2008/04/11
Committee: ITRE
Amendment 278 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 6 d (new)
Directive 2003/54/EC
Article 9 – point (f a) (new)
(6d) In Article 9, the following point shall be inserted: "(fa) drawing up an estimate of the adequacy of the electricity system, the results of which should be taken into account in the European estimate referred to in Regulation (EC) No 1228/2003." Or. fr (Adding new point fa) to Article 9 of Directive 2003/54/EC)
2008/04/11
Committee: ITRE
Amendment 280 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 6 e (new)
Directive 2003/54/EC
Article 9 – point (f b) (new)
(6e) In Article 9, the following point shall be inserted: "(fb) creating a TSO maintenance programme to ensure adequate supply quality. Compliance with this maintenance programme should be monitored by the competent national public authority.” Or. fr (Adding new point fb) to Article 9 of Directive 2003/54/EC)
2008/04/11
Committee: ITRE
Amendment 282 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 6 g (new)
Directive 2003/54/EC
Article 9 –paragraphs 1a to 1 k (new)
(6g) In Article 9, the following paragraphs shall be inserted: "Transmission system operators shall elaborate a 10-year network development plan at least every two years. They shall provide efficient measures in order to guarantee system adequacy and security of supply. The 10-year network development plan shall in particular : a) indicate to market participants the main transmission infrastructures that ought to be built over the next ten years, b) contain all the investments already decided and identify new investments for which an implementation decision has to be taken in the next three years. In order to elaborate this 10-year network development plan, each transmission system operator shall make reasonable hypothesis about the evolution of generation, consumption and exchanges with other countries, and shall take into account regional and European-wide existing network investment plans. Transmission system operators shall submit in due time the draft of this plan to the competent national body. The competent national body shall consult all relevant network users on the basis of such draft in an open and transparent manner and may publish the result of the consultation process, in particular possible needs for investments. The competent national body shall examine whether the draft 10-year network development plan covers all investment needs identified in the consultation. The competent national body may oblige the transmission system operator to amend its draft of the plan. Competent national body may be the national regulatory authority, any other competent national public authority or a network development trustee constituted by transmission system operators. In the latter case, transmission system operators shall submit the drafts of the statutes, the list of members and of the rules of procedure to the approval of the competent national public authority. If the transmission system operator rejects to implement a specific investment listed in the 10-year network development plan to be executed in the next three years, Members States shall ensure that the national regulatory authority or any other competent national public authority have the competence to take one of the following measures: a) request by all legal means the transmission system operator to execute its investment obligations by using its financial capacities or, b) invite independent investors to participate in a tender for necessary investment in a transmission system and may at the same time oblige the transmission system operator: (i) to agree to financing by any third party, (ii) to agree to building by any third party or to build the respective new assets and (iii) to operate the respective new asset. The relevant financial arrangements shall be subject to the approval of the national regulatory authority or any other competent national public authority. In both cases, tariff regulation shall allow for revenues that cover the costs of such investments. Competent national public authority shall monitor and evaluate the implementation of the investment plan. Transmission system operators shall be obliged to establish and publish transparent and efficient procedures for non-discriminatory connection of new power plants to the grid. Those procedures shall be subject to the approval of national regulatory authorities or any other competent national public authority Transmission system operators shall not be entitled to refuse the connection of a new power plant on the grounds of possible future limitations to available network capacities, e.g. congestion in distant parts of the transmission grid. The transmission system operator shall be obliged to supply necessary information. Transmission system operators shall not be entitled to refuse a new connection point on the sole ground that it will lead to additional costs linked with necessary capacity increase of grid elements in the close-up range to the connection point."
2008/04/11
Committee: ITRE
Amendment 393 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (f a) (new)
(fa) approving the annual investment plans of the transmission system operators;
2008/03/19
Committee: ITRE
Amendment 394 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (g)
(g) monitoring network security and reliability, and reviewing network security and reliability rules;deleted
2008/03/19
Committee: ITRE
Amendment 408 #

2007/0195(COD)

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
Amendment 420 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (l)
l) publishing recommendations, at least on a yearly basis, on compliance of supply tariffs with Article 3;deleted
2008/03/19
Committee: ITRE
Amendment 425 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (o)
(o) monitoring investment in generation capacities in relation to security of supply.deleted
2008/03/19
Committee: ITRE
Amendment 431 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (o a) (new)
(oa) enjoying a right of veto over decisions to appoint or dismiss the chairman of the board or the managing director of a transmission system operator;
2008/03/19
Committee: ITRE
Amendment 436 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (o b) (new)
(ob) auditing transmission system operators' maintenance policies.
2008/03/19
Committee: ITRE
Amendment 438 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (o c) (new)
(oc) publishing an assessment of the compliance officer's report.
2008/03/19
Committee: ITRE
Amendment 439 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (o d) (new)
(od) forwarding to the Commission all the information it requires in order to carry out, on the basis of a methodology that it shall publish, periodic Europe-wide comparisons of the economic performance of transmission system operators by reference to the quality of the service provided.
2008/03/19
Committee: ITRE
Amendment 449 #

2007/0195(COD)

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 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;deleted
2008/03/19
Committee: ITRE
Amendment 474 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 4 a (new)
4a. The regulatory authorities shall be responsible for fixing or approving, prior to their entry into force, terms and conditions for access to cross-border infrastructures, including the procedures for the allocation of capacity and congestion management. They shall have the authority to require the transmission system operators, if necessary, to modify those terms and condition.
2008/03/19
Committee: ITRE
Amendment 38 #

2007/0022(COD)

Proposal for a directive
Recital 13 a (new)
(13 a) The Euratom Treaty and its secondary legislation regulate environmental protection with regard to nuclear activity. As a result, the unlawfulness of actions which affect the environment as a result of nuclear activities can only be defined by reference to the Euratom Treaty and its secondary legislation.
2008/03/14
Committee: JURI
Amendment 41 #

2007/0022(COD)

Proposal for a directive
Article 2 – point a
(a) "unlawful" means - infringing Community legislation orlaid down in Annex A, or - for activities concerning the EURATOM Treaty, any infringement of Community legislation as laid down in Annex B, or - a law, an administrative regulation or a decision taken by a competent authority in a Member State aiming at the protection of the environmplementing Community legislation mentioned in the first and second indents;
2008/03/14
Committee: JURI
Amendment 76 #

2007/0022(COD)

Proposal for a directive
Annex a (new)
Annex B List of Community laws, the infringement of which constitutes an unlawful act, pursuant to Article 2(a), 2nd indent, regarding nuclear activities: - Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments of radioactive waste and spent fuel. - Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation. - Council Directive 2003/122/Euratom of 22 December 2003 on the control of high- activity sealed radioactive sources and orphan sources. - Council Decision 87/600/Euratom of 14 December 1987 on Community arrangements for the early exchange of information in the event of a radiological emergency.
2008/03/14
Committee: JURI