REPORT on the proposal for a regulation of the European Parliament and of the Council establishing an Agency for the Cooperation of Energy Regulators

4.6.2008 - (COM(2007)0530 – C6‑0318/2007 – 2007/0197(COD)) - ***I

Committee on Industry, Research and Energy
Rapporteur: Giles Chichester

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council establishing an Agency for the Cooperation of Energy Regulators

(COM(2007)0530 – C6‑0318/2007 – 2007/0197(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0530),

–   having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0318/2007),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Budgets, the Committee on Economic and Monetary Affairs and the Committee on the Internal Market and Consumer Protection (A6‑0226/2008),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

Amendment 1 Draft legislative resolution Paragraphs 1 a and 1 b (new)
Draft legislative resolution	Amendment
	1a. In the event that an Agency for the Cooperation of Energy Regulators is established, all financing options provided for in the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management1 should be considered.
	1b.Point 47 of the Interinstitutional Agreement shall be applied in relation to the establishment of the Agency and Parliament shall enter into negotiations with the other arm of the budgetary authority with a view to coming to a timely agreement on the financing of the Agency in line with the relevant provisions of the Interinstitutional Agreement;
	1OJ C 139, 14.6.2006, p. 1.
Amendment  2 Proposal for a regulation Recital 3
Text proposed by the Commission	Amendment
(3) The work undertaken by ERGEG since its establishment has made a positive contribution to the internal market in electricity and gas. However, it is widely recognised by the sector, and has been proposed by ERGEG itself, that voluntary cooperation between national regulatory authorities should now take place within a Community structure with clear competences and with the power to adopt individual regulatory decisions in a number of specific cases.	(Does not affect English version.)
Justification
(Does not affect English version.)
Amendment  3 Proposal for a regulation Recital 4 a (new)
Text proposed by the Commission	Amendment
	(4a) Тhe Member States should cooperate closely, eliminating obstacles to cross-border exchanges of electricity and gas with a view to achieving the objectives of Community energy policy. Establishing an Agency for the Cooperation of Energy Regulators (Agency) to fill the gap serves the dual purpose of incorporating the Community perspective into the national regulatory authorities’ practices and of contributing towards enhancing the effectiveness of the Community principles of equal treatment and fair conditions of access to the trans-European networks for transporting gas and electricity, and thus to the proper functioning of the internal energy market. The Agency will also enable national regulatory authorities to step up their cooperation from a Community perspective and participate, on a common basis, in the exercise of Community-related functions.
Amendment  4 Proposal for a regulation Recital 6
Text proposed by the Commission	Amendment
(6) The Agency 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.	(6) The Agency 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 and its members vis-à-vis consumers, energy producers and transmission and distribution system operators, whether public or private, and to ensure the conformity of its actions with Community legislation, its technical capacity, its capacity to adjust to regulatory developments and its transparency, amenability to democratic control and efficiency.
Amendment  5 Proposal for a regulation Recital 7 a (new)
Text proposed by the Commission	Amendment
	(7a) The Agency should systematically monitor markets for market distortions, and inform the European Parliament, the Commission and national authorities where appropriate.
Justification
The Agency should not only be able to inform, but also to monitor and give early warnings to the European institutions and national authorities.
Amendment  6 Proposal for a regulation Recital 8
Text proposed by the Commission	Amendment
(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.	(8) It is appropriate to provide an integrated framework within which national regulatory authorities are able to participate and cooperate. That 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.
Amendment  7 Proposal for a regulation Recital 9
Text proposed by the Commission	Amendment
(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.	(9) Since the Agency has an overview of the national regulatory authorities and other sources, it should have an advisory role towards the Commission, the other EU institutions and the national regulatory authorities of at least two Member States 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 opinions, recommendations or decisions.
Amendment  8 Proposal for a regulation Recital 10
Text proposed by the Commission	Amendment
(10) The Agency should also be able to issue non-binding guidelines to assist regulatory authorities and market players in sharing good practices.	(10) The Agency should also be able to issue binding guidelines to assist regulator authorities and market players in sharing good practices.
Justification
The Agency should have the necessary powers to perform its important regulatory function to ensure cross-border co-operation in an efficient manner.
Amendment  9 Proposal for a regulation Recital 10 a (new)
Text proposed by the Commission	Amendment
	(10a) The Agency should consult interested parties, where appropriate, and provide them with a reasonable opportunity to comment on the proposed measures, such as draft network codes and rules.
Justification
Appropriate consultation of stakeholders should be a key part of the Agency's work. Public consultations in the framework of the drafting of measures, such as draft network codes and rules, should be done by the Agency and not by the ENTSOs.
Amendment  10 Proposal for a regulation Recital 11
Text proposed by the Commission	Amendment
(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	(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 needs to be taken fully into account and their independence guaranteed.
Justification
The independence of the national regulatory authorities must not only be taken into account but must also be guaranteed in the creation and subsequent implementation of the provisions of the third energy package.
Amendment 11 Proposal for a regulation Recital 13
Text proposed by the Commission	Amendment
(13) The Agency 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 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.	(13) The Agency should have the necessary powers to perform the regulatory functions in an efficient, transparent, reasoned and above all independent manner. The independence of regulatory authorities vis-à-vis energy producers and transmission and distribution system operators is a key principle of good governance and a fundamental condition to ensure market confidence. Reflecting the situation at national and Community level, the Board of Regulators and its members should therefore act independently of any market interest, should avoid conflicts of interests and should seek or take no instructions and accept no recommendations from any government or other public or private entity. The Board of Regulators should, at the same time, comply with Community legislation concerning energy, the environment, the internal energy market and competition and should report to the EU institutions as regards its decisions and proposals.
Justification
This amendment seeks to define the Agency’s independence: independence vis-à-vis the operators between whom it must arbitrate and democratic accountability with regard to the legislation and legislative bodies of the EU.
Defines the Agency’s democratic accountability.
Amendment  12 Proposal for a regulation Recital 14
Text proposed by the Commission	Amendment
(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.	(14) Where the Agency has decision-making powers, interested parties should, for reasons of procedural economy, be granted a right of appeal initially to a Board of Appeal, which should be part of the Agency, but independent from its administrative and regulatory structure. The decision of the Board of Appeal should be subject to appeal before the Court of Justice of the European Communities.
Justification
Specifies parties' right of appeal against the Agency's decisions.
Amendment  13 Proposal for a regulation Recital 15
Text proposed by the Commission	Amendment
(15) The Agency should be financed mainly from the general budget of the European Communities, by fees and by voluntary contributions. In particular, the resources currently pooled by regulatory authorities for their cooperation at European level should continue to be available to the Agency. The Community budgetary procedure should remain applicable as far as any subsidies chargeable to the general budget of the European Communities are concerned. Moreover, the auditing of accounts should be undertaken by the Court of Auditors in accordance with Article 91 of Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities.	(15) The Agency should be financed mainly from the general budget of the European Union, by fees and contributions. In particular, the resources currently pooled by regulatory authorities for their cooperation at European level should continue to be available to the Agency. The Community budgetary procedure should remain applicable as far as any subsidies chargeable to the general budget of the European Communities are concerned. Moreover, the auditing of accounts should be undertaken by the Court of Auditors in accordance with Article 91 of Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities.
Justification
The possibility of voluntary contributions could bring into question the transparency and independence of the Agency.
Amendment  14 Proposal for a regulation Recital 15 a (new)
Text proposed by the Commission	Amendment
	(15a) After the establishment of the Agency, its budget should be assessed by the budgetary authority on an ongoing basis, with reference to the Agency's workload and performance. That assessment should determine whether sufficient human and financial resources are being made available. The budgetary authority shall ensure that the best standards of efficiency are met.
Justification
It is essential to keep expenditure and human resource requirements under review.
Amendment  15 Proposal for a regulation Recital 18 a (new)
Text proposed by the Commission	Amendment
	(18a) The Commission should submit to the European Parliament and to the Council no more that four years from the establishment of the Agency, and every five years thereafter, a report on the Agency's specific tasks and the results achieved, accompanied by any appropriate proposals.
Justification
It is essential to keep the effectiveness of the Agency under review, and provide scope for revision if necessary at a later date.
Amendment  16 Proposal for a regulation Recital 19
Text proposed by the Commission	Amendment
(19) Since the objectives of the proposed action, cooperation of national regulatory authorities at Community level, cannot be sufficiently achieved by the Member States and can therefore, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,	(19) Since the objectives of the proposed action, namely the participation and cooperation of national regulatory authorities at Community level, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment  17 Proposal for a regulation Recital 19 a (new)
Text proposed by the Commission	Amendment
	(19a) The Agency should be fully accountable to the European Parliamen,.
Justification
The European Parliament should be able to scrutinize the performance and functioning of the Agency.
Amendment  18 Proposal for a regulation Article 2 – paragraph 4
Text proposed by the Commission	Amendment
4. The seat of the Agency shall be located in [place]. Until its premises are ready, it will be hosted on Commission premises.	4. The seat of the Agency shall be located in Brussels. Until its premises are ready, it will be hosted on Commission premises.
Justification
is the best place to host the Agency. It will reduce travel expenses and ensure easier contact with DG TREN and the European Networks of Transmission System Operators that will continue to be based in Brussels, as well as other important stakeholder associations. ERGEG is currently based in Brussels and has proven to work efficiently. Brussels is the European capital having the best connections with all the other EU capitals.
Amendment  19 Proposal for a regulation Article 4
Text proposed by the Commission	Amendment
Type of acts of the Agency	Tasks of the Agency
The Agency may:	The Agency shall, in the fulfilment of the purpose set out in Article 1:
(a) issue opinions addressed to transmission system operators;	(a) issue opinions, recommendations and decisions addressed to transmission system operators, in relation to all technical matters pertaining to the good functioning of the internal energy market;
(b) issue opinions addressed to regulatory authorities;	(b) issue opinions addressed to regulatory authorities;
(c) issue opinions and recommendations addressed to the Commission;	(c) issue opinions and recommendations addressed to the European Parliament, the Council, or the Commission;
(d) take individual decisions in specific cases referred to in Articles 7 and 8;	(d) take decisions in specific cases referred to in Articles 6 to 8d;
	(da) provide a framework within which national regulators can cooperate;
	(db) overview the execution of the tasks of the European networks of transmission system operators;
	(dc) establish economic and technical terms and conditions for the development of codes and rules drafted by the European networks of transmission system operators and approve the codes and rules in order to ensure the efficient and secure functioning of the internal energy market;
	(dd) set methodologies and tariffs for compensation mechanisms between transmission system operators, based on an assessment of their actual costs;
	(de) coordinate the national regulatory authorities concerned in relation to their operations on regional electricity or gas markets;
	(df) together with the Commission, promote interregional cooperation among energy markets and integrate regional energy markets into the internal market for electricity;
	(dg) approve the independent system operators appointed by the Member States under Article 10(1) of Directive 2003/54/EC.
	(dh) undertake EU-wide public consultations relating to the matters set out in points (da) to (dd).
Justification
The Commission proposal does not provide an EU framework for the effective cooperation of NRAs. The Agency must have real powers, in order to efficiently handle cross-border issues. The Agency must have a stronger role in initiating, monitoring and approving the draft measures by TSOs to ensure that public interest concerns are fully met. The Agency should also have a key role to play in the implementation of the codes of the Network Transmission Operators and how they are enforced. Overall, the Agency must be involved in specifying the scope and the content of the EU codes. In order to prevent a regulatory no-man's land once national markets integrate into regional markets, the Agency shall have as a mandate to coordinate the relevant national authorities in the guidance, settings of rules and monitoring of regional markets.
Amendment  20 Proposal for a regulation Article 5
Text proposed by the Commission	Amendment
The Agency may, upon a request from the Commission or on its own initiative, provide an opinion to the Commission on all issues related to the purpose for which it has been established.	The Agency may, upon a request from the European Parliament, the Council or the Commission or on its own initiative, provide an opinion or a recommendation to the European Parliament, the Council and the Commission on all issues related to the purpose for which it has been established.
Justification
Enhances cooperation between the Agency and the European Parliament.
Amendment  21 Proposal for a regulation Article 6 – paragraph 3
Text proposed by the Commission	Amendment
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.	3. The Agency shall approve the 10-year investment plan of the European Networks of Transmission System Operators for Electricity and Gas, referred to in Article 2c of Regulation (EC) No 1228/2003 and in Article 2c of Regulation (EC) No 1775/2005, ensuring non-discrimination, effective competition and the efficient and secure functioning of the internal energy market.
Justification
The 10-year investment plan should be subject to the approval of the Agency. It is necessary to avoid self regulation at EU level. It is a duty of the national regulatory authority to approve the investment plans of the TSOs. Therefore at EU level, the Agency should approve the EU-wide 10 year investment plan. Investors need a clear and predictable regulatory framework.
Amendment  22 Proposal for a regulation Article 6 – paragraph 3 a (new)
Text proposed by the Commission	Amendment
	3a. The 10-year investment plans shall contain provisions for the transition to smart metres and grids within 10 years of the entry into force of this Regulation. The Agency and the national regulatory authorities shall monitor the progress of transmission system operators towards the development of smart metres and grids. To this end, the Agency and national regulatory authorities shall establish an incremental timetable including a deadline for completion.
	The Agency shall ensure that those information and communication systems, including smart metres and grids, that are implemented, facilitate the development of the internal energy market and do not introduce any new technical barriers.
Amendment  23 Proposal for a regulation Article 6 – paragraph 3 b (new)
Text proposed by the Commission	Amendment
	3b. The Agency shall draft and adopt guidelines establishing basic, clear and objective principles for the harmonisation of network rules, following the process set out in Article 2ea of Regulation (EC) No 1228/2003 and in Article 2e of Regulation (EC) No 1775/2005. The Agency shall adopt the draft network codes developed by the European networks of transmission system operators, following the procedure set out in Article 2eb of Regulation (EC) No 1228/ 2003 and Article 2ea of Regulation 1775/ 2005, and shall monitor their implementation. Where the Agency believes that transmission system operators have failed to implement a network code, it may make a recommendation to the Commission under Article 2eb(6a) of Regulation (EC) No 1228/ 2003 or Article 2ea(6a) of Regulation (EC) No 1775/2005.
Amendment  24 Proposal for a regulation Article 6 – paragraph 3 c (new)
Text proposed by the Commission	Amendment
	3c. The Agency shall coordinate communications between EU and third-country transmission system operators.
Amendment  25 Proposal for a regulation Article 6 – paragraph 4
Text proposed by the Commission	Amendment
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.	4. The Agency shall provide a duly justified opinion to the European Parliament, the Council and the Commission, in the event that 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, or conformity with the energy policy set out in Community law.
Justification
This is in line with the rapporteur’s Amendment 9, which asserts that the European Parliament and the Council should be more involved in the Agency’s activities.
Amendment  26 Proposal for a regulation Article 6 – paragraph 5
Text proposed by the Commission	Amendment
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.	5. By delegation of the Commission’s powers and in compliance with the definitions set out in Article 2eb(2) of Regulation (EC) No 1228/2003 and Article 2ea(2) of Regulation (EC) No 1775/2005, the Agency may take suspensive decisions and propose that the Commission impose fines where it considers that a draft technical code has not been adopted within a reasonable period of time or that the transmission system operators fail to implement a technical code.
Justification
Determines the Agency’s legal basis and suspensive power in the areas of legislation, competition and internal market law. The power to impose sanctions is, however, retained by the Commission, owing to the lack of a clear legal basis.
Amendment  27 Proposal for a regulation Article 6 – paragraph 6 a (new)
Text proposed by the Commission	Amendment
	6a. The Agency shall monitor the authorisation process of the construction of new transborder capacities, and ensure the speeding up of this process within the confines of enhanced regional cooperation.
Justification
The purpose of this amendment is to ensure a quick and effective authorisation process for the construction of new transborder capacities and to avoid the slow down of the investment projects.
Amendment  28 Proposal for a regulation Article 6 – paragraph 6 b (new)
Text proposed by the Commission	Amendment
	6b. The Agency shall monitor the cross-border capacity calculations by transmission system operators and the actual (aggregate) use of the interconnection capacity between the grids, as well as resolving problems of unfair, discriminatory or inefficient access across national borders.
Justification
Article 6 needs to be strengthened to ensure that the Agency has real powers to oversee cross-border trade.
Amendment  29 Proposal for a regulation Article 6 - paragraph 6 c (new)
Text proposed by the Commission	Amendment
	6c. The Agency shall be able to impose effective sanctions if barriers to cross-border trade are not removed.
Justification
Article 6 needs to be strengthened to ensure that The Agency has real powers to oversee cross-border trade and take action to remove any barriers to trade. Whether or not ENTSO is created, ACER should have direct powers to force individual TSOs to comply with its decisions. If ENTSO is created it would be essential that the powers and duties of ACER would need to further extended to match the activities of ENTSO
Amendment  30 Proposal for a regulation Article 6 – paragraph 6 d (new)
Text proposed by the Commission	Amendment
	6d. The Agency shall have the power and duty to take binding decisions on all issues affecting access and use of connected transmission systems involving more than one Member State if joint agreement has not been reached by the relevant national regulatory authorities.
Justification
Article 6 needs to be strengthened to ensure that the Agency has real powers to oversee cross-border trade.
Amendment  31 Proposal for a regulation Article 7 – paragraph 3
Text proposed by the Commission	Amendment
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.	3. The Agency shall ensure cooperation between the national regulatory authorities at European and regional level. Where the Agency considers that binding rules on such cooperation are required, it shall make the appropriate recommendations to the Commission.
Justification
Promote does not ensure that the purpose for which the Agency is to be established, which is, according to Article 1 of this Regulation establishing the Agency 'to coordinate the action by regulatory authorities' is achievable.
Amendment 32 Proposal for a regulation Article 7 – paragraph 4
Text proposed by the Commission	Amendment
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.	4. The Agency shall provide an opinion, at the request of any regulatory authority, 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 and Community legislation which sets out the Community energy policy.
Justification
Extends the Agency’s democratic accountability to taking account of possible extensions of EU law regarding energy.
Amendment  33 Proposal for a regulation Article 7 – paragraph 5
Text proposed by the Commission	Amendment
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.	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 and the government of the Member State in question.
Justification
The government of the relevant Member State should be informed as well as the Commission.
Amendment  34 Proposal for a regulation Article 7 – paragraph 6
Text proposed by the Commission	Amendment
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.	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 within two months.
Justification
Seeks to strengthen the Agency’s independent advisory power and shorten deadlines.
Amendment  35 Proposal for a regulation Article 7 – paragraph 7 b (new)
Text proposed by the Commission	Amendment
	7b. The Agency shall monitor developments in the gas and electricity markets, in particular the access of renewables to the grid, by ensuring a positive benchmarking of national rules on such access and by facilitating such access in other Member States.
Justification
The purpose of this amendment is to ensure a real and positive benchmarking of the access of renewables according to the national practise and to the national peculiarities, and to facilitate the spread of this positive practises in other Member States, too.
Amendment  36 Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 a (new)
Text proposed by the Commission	Amendment
	If the Agency fails to adopt a decision in relation to an application for a grant of exemption under this paragraph within three months of the date of the applicant's request, the Commission shall take such a decision in its place.
Justification
To avoid institutional paralysis within the Agency, a default mechanism is introduced for the final decision to be devolved to the European Commission in case of severe delay, by the Agency, in taking decisions on exemptions.
Amendment  37 Proposal for a regulation Article 8 – paragraph 2 a (new)
Text proposed by the Commission	Amendment
	2a. The Agency shall promote efforts to give practical shape to the guidelines on trans-European energy networks as laid down in Decision No 1364/2006/EC of the European Parliament and of the Council of 6 September 2006 laying down guidelines for trans-European energy networks1.
	In particular, the Agency shall into take account those guidelines when it approves the 10-year investment plans in accordance with Article 6(3). _______________________ OJ l 262, 22.9.2006, p. 1.
Amendment  38 Proposal for a regulation Article 8 – paragraph 2 b (new)
Text proposed by the Commission	Amendment
	2b. The Agency shall, at the request of the Commission, take on specific additional tasks that relate to its purpose.
Justification
The Commission should be able to request the Agency to undertake any additional specific task within its general remit which may be considered to contribute to meeting the objectives of the Community regulatory framework for the cooperation of energy regulators.
Amendment  39 Proposal for a regulation Article 8 a (new)
Text proposed by the Commission	Amendment
	Article 8a
	Energy storage and crisis management
	1. When it publishes its annual report, the Agency shall identify the EU’s storage requirements, in both cyclical and security terms, and shall set out guidelines relating to investment in production and transmission infrastructure.
	2. The Agency shall coordinate the national energy crisis management mechanisms at the Community level.
	3. The Agency shall coordinate communications between EU and third-country operators.
Justification
Complements amendment 18 of the rapporteur.
The Agency has to play the role of monitor of the European energy market and of European energy policy.
Crisis management coordination and exchanges with third countries are also essential to improving the operation of the markets.
Amendment  40 Proposal for a regulation Article 8 b (new)
Text proposed by the Commission	Amendment
	Article 8b
	Consultation and Transparency
	1. Before adopting any measures, the Agency shall fomally consult market participants, consumers and end-users in an open and transparent manner, in particular with regard to its task vis-à-vis transmission system operators.
	The Agency shall, where appropriate, give interested parties a reasonable opportunity to comment on the proposed measure and shall make public the results of the consultation procedure.
	2. The Agency shall carry out its activities with a high level of transparency.
	3. The Agency shall ensure that the public and any interested parties are given objective, reliable and easily accessible information, in particular with regard to the results of its work, where appropriate.
	4. The Agency shall lay down in its internal rules of procedure the practical arrangements for implementing the transparency requirements referred to in paragraphs 2 and 3.
	5. The Agency shall publish, on its own website, at least the agenda, the background documents and the minutes of the meetings of the Administrative Board, of the Board of Regulators and of the Board of Appeal.
Amendment  41 Proposal for a regulation Article 8 c (new)
Text proposed by the Commission	Amendment
	Article 8c
	Monitoring and reporting on the energy sector
	1. The Agency shall monitor developments in the gas and electricity markets, and in particular the retail prices of gas and electricity and the observance of consumers' rights set out in Directive 2003/55/EC and Directive 2003/54/EC.
	2. The Agency shall publish an annual report on the developments in the gas and electricity markets, including consumer issues, in which it shall identify any remaining barriers to the completion of the internal energy market.
	3. When publishing its annual report, the Agency may submit to the European Parliament and to the Commission, an opinion on the measures that might be taken to remove any barriers referred to in paragraph 2.
Justification
The Agency would have a role to provide an annual report on the development of the electricity and gas market, with the ability to issue recommendations on measures to be taken to improve the liberalisation of energy markets.
Amendment  42 Proposal for a regulation Article 8 d (new)
Text proposed by the Commission	Amendment
	Article 8d
	Supervision, enforcement and penalties
	1. The Agency, in consultation with the Commission, may impose financial penalties on transmission system operators that fail to honour their respective obligations under Article 7 or fail to provide information requested by the Agency to perform its tasks. Penalties shall be effective, proportionate and dissuasive.
	2. The national regulatory authorities in co-operation with the Agency shall be responsible for verifying compliance by transmission system operators with obligations arising from the provisions described in this Regulation.
	3. When penalties are imposed under this Article, the Authority shall publish the names of the transmission system operators involved and the amounts of and reasons for the financial penalties imposed.
Justification
The Agency should dispose effective enforcement mechanisms, which would enable to carry out its functions effectively.
Amendment  43 Proposal for a regulation Article 10 – paragraph 10
Text proposed by the Commission	Amendment
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.	10. The Administrative Board shall adopt the annual report on the activities of the Agency, referred to in Article 14(8), and the annual report on the developments in the gas and electricity markets, referred to in Article 8c(2). The Agency shall transmit the annual reports to the European Parliament, the Council, the Commission, the European Economic and Social Committee, the Committee of the Regions and the Court of Auditors by 15 April at the latest. The report on the activities of the Agency shall contain an independent section, approved by the Board of Regulators, concerning the regulatory activities of the Agency during the year considered. The five EU institutions shall grant or refuse approval of the implementation by the Agency of EU policies on energy, the internal energy market and competition. The European Parliament shall draw up recommendations for the work programme referred to in Article 10(4).
Justification
It is necessary for the Agency to identify besides its direct administrative and regulatory responsibilities, main developments and barriers in the gas and electricity markets. Consumer aspects should be duly reflected in this report.
Amendment  44 Proposal for a regulation Article 9 – paragraph 1
Text proposed by the Commission	Amendment
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.	1. The Administrative Board shall be composed of six members. Two shall be appointed by the Commission, two by the Council and two by the European Parliament. No member of the Administrative Board shall also be a Member of the European Parliament. The term of office shall be five years, renewable once.
Amendment  45 Proposal for a regulation Article 9 – paragraph 3
Text proposed by the Commission	Amendment
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 procedures, be assisted by observers or experts. The Administrative Board’s secretarial services shall be provided by the Agency.	3. Meetings of the Administrative Board shall be convened by its Chairperson. The Chairperson of the Board of Regulators or his/her nominee from that Board and the Director of the Agency shall participate without the right to vote, in the deliberations. 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.
Justification
The Board of Regulators will be materially affected by the decisions of the Administrative Board and therefore the Chairperson of the Board of Regulators or his/her nominee from that Board should attend the Administrative Board meetings as an observer.
Amendment  46 Proposal for a regulation Article 9 – paragraph 4
Text proposed by the Commission	Amendment
4. Decisions of the Administrative Board shall be adopted on the basis of a majority two-thirds majority of the members present.	4. Decisions of the Administrative Board shall be adopted on the basis of a majority two-thirds majority of the members present, unless provided otherwise in this Regulation or in the Agency's statute.
Justification
Seeks to boost the independence of the Agency.
Amendment  47 Proposal for a regulation Article 9 – paragraph 5 a (new)
Text proposed by the Commission	Amendment
	5a. Members of the Administrative Board shall undertake to act independently in the public interest. For that purpose, every year they shall make a written declaration of commitments and a written declaration of interests indicating either the absence of any interest which may be considered prejudicial to their independence or any direct or indirect interest which might be considered prejudicial to their independence. Those declarations shall be made public.
Amendment  48 Proposal for a regulation Article 9 – paragraph 5 b (new)
Text proposed by the Commission	Amendment
	5b. The Administrative Board shall carry out its tasks independently, objectively and in the public interest without seeking or accepting any instruction from national or regional governments.
Amendment  49 Proposal for a regulation Article 9 – paragraph 5 c (new)
Text proposed by the Commission	Amendment
	5c. No member of the Administrative Board shall also be a member of the Board of Regulators.
Amendment  50 Proposal for a regulation Article 9 ‑ paragraph 5 d (new)
Text proposed by the Commission	Amendment
	5d. The Administrative Board may be removed from office upon the proposal of the Commission and by a decision taken by the European Parliament. The European Parliament shall take its decision by absolute majority vote.
Justification
Follows from AM12
Amendment  51 Proposal for a regulation Article 10 – paragraph 1
Text proposed by the Commission	Amendment
1. The Administrative Board shall, after having consulted the Board of Regulators, appoint the Director in accordance with Article 13(2).	1. The Administrative Board shall, with the assent of the Board of Regulators, appoint the Director in accordance with Article 13(2).
Justification
There should be a clearly defined formal role of the Board of Regulators in the Director’s appointment given that the Director manages the Agency and adopts the opinions recommendations and decisions of the Agency.
Amendment  52 Proposal for a regulation Article 10 – paragraph 2
Text proposed by the Commission	Amendment
2. The Administrative Board shall appoint the members of the Board of Regulators in accordance with Article 11(1).	deleted
Justification
To ensure independence of the Agency the Administrative Board should not be responsible for the appointment of the members of the Board of Regulators.
Amendment  53 Proposal for a regulation Article 10 – paragraph 4
Text proposed by the Commission	Amendment
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.	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 and shall be made public.
Amendment  54 Proposal for a regulation Article 10 – paragraph 7
Text proposed by the Commission	Amendment
7. The Administrative Board shall exercise disciplinary authority over the Director.	7. The Administrative Board shall, in consultation with the Board of Regulators exercise disciplinary authority over the Director.
Justification
There should be a clearly defined formal role of the Board of Regulators in the Director’s appointment given that the Director manages the Agency and adopts the opinions, recommendations and decisions of the Agency.
Amendment  55 Proposal for a regulation Article 10 ‑ paragraph 7 a (new)
Text proposed by the Commission	Amendment
	7a. The European Parliament may invite any member or members of the Administrative Board to make a statement before its competent committee and answer questions put by members of that committee.
Justification
The European Parliament should be able to scrutinize the performance and functioning of the Agency.
Amendment  56 Proposal for a regulation Article 10 a (new)
Text proposed by the Commission	Amendment
	Article 10a
	Reporting by the Administrative Board
	The European Parliament and the Council may call upon the Administrative Board to submit a report on the performance of its duties.
Amendment  57 Proposal for a regulation Article 11 – paragraph 1
Text proposed by the Commission	Amendment
1. The Board 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. The national regulatory authority shall nominate one alternate per Member State.	1. The Board of Regulators shall be composed of one representative per Member State from the Heads of the national regulatory authorities or their representative pursuant to Article 22a of Directive 2003/54/EC and Article 24a of Directive 2003/55/EC, and one non-voting representative of the Commission. Only one representative per Member State from the national regulatory authority may be admitted to the Board of Regulators. Each national regulatory authority shall be responsible for nominating the alternate from current staff of the national regulatory authority.
Amendment  58 Proposal for a regulation Article 11 – paragraph 3
Text proposed by the Commission	Amendment
3. The Board of Regulators shall act by a majority of two-thirds of it members. Each member or alternate shall have one vote.	3. The Board of Regulators shall act by a two-third majority of its members present. Each member or alternate shall have one vote.
Amendment  59 Proposal for a regulation Article 11 – paragraph 4
Text proposed by the Commission	Amendment
4. The Board of Regulators shall adopt its Rules of procedure.	4. The Board of Regulators shall adopt its Rules of procedure. 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. The rule of procedures may foresee specific working methods for the consideration of issues arising in the context of regional cooperation initiatives.
Amendment  60 Proposal for a regulation Article 11 – paragraph 6 a (new)
Text proposed by the Commission	Amendment
	6a. The European Parliament and the Council may call upon the Chairperson of the Board of Regulators to submit a report on the performance of her/his duties.
Justification
The Board of Regulators should be accountable to the Council and Parliament.
Amendment  61 Proposal for a regulation Article 12 – paragraph 1
Text proposed by the Commission	Amendment
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.	1. The Board of Regulators shall provide its assent to the Director before the adoption of the opinions, recommendations and decisions referred to in Articles 5, 6, 7 and 8, 8a, 8b and 8c in accordance with Article14(3). 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. The Director shall execute her/his task in accordance with the decisions of the Board of Regulators, which should be the only decision-making body of the Agency as regards energy market regulation.
Amendment  62 Proposal for a regulation Article 12 – paragraph 2
Text proposed by the Commission	Amendment
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.	2. The Board of Regulators shall deliver its assent 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.
Justification
There should be a clearly defined formal role for the Board of Regulators in the Director’s appointment, given that the Director manages the Agency and adopts the opinions, recommendations and decisions of the Agency.
Amendment  63 Proposal for a regulation Article 12 ‑ paragraph 4 a (new)
Text proposed by the Commission	Amendment
	4a. The European Parliament may invite any member or members of the Board of Regulators to make a statement before its competent committee and answer questions put by members of that committee.
Justification
Follows from AM16
Amendment  64 Proposal for a regulation Article 13
Text proposed by the Commission	Amendment
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.	1. The Agency shall be managed by its Director, who shall act in accordance with decisions adopted by the Board of Regulators. 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.	2. The Director shall be appointed by the Administrative Board upon the assent of the Board of Regulators, on the basis of merit as well as skills and experience relevant to the energy sector, from a list of a minimum of two candidates proposed by the Commission, following a call for expression of interest. Before appointment, the candidate selected by the Administrative Board shall be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members and he shall be subject to a vote of approval by the European Parliament.
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:	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 assessment. In the assessment, the Commission shall examine in particular:
(a) the performance of the Director;	(a) the performance of the Director; and
(b) the Agency's duties and requirements in the coming years.	(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.	4. The Administrative Board, acting on a proposal from the Commission, after having consulted and given the utmost consideration to the opinion of the Board of Regulators, taking into account the assessment 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.	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. Such an extension of the Director's term of office shall be subject to a vote of approval by the European Parliament.
6. If the term of office is not extended, the Director shall remain in office until the appointment of his/her successor.	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.	7. The Director may be removed from office only upon a decision by the Administrative Board, after having the assent of the Board of Regulators. The Administrative Board shall reach this decision on the basis of a two-thirds majority 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.	8. In addition to the requirement set out in Article 10(10), the European Parliament and the Council may call upon the Director to submit a report on the performance of his duties.
Amendment  65 Proposal for a regulation Article 14 – paragraph 3
Text proposed by the Commission	Amendment
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.	3. The Director shall adopt the opinions, recommendations and decisions referred to in Articles 5, 6, 7, 8, 8a, 8b and 8c, subject to the assent of the Board of Regulators.
Justification
The Director should be obligated to adopt the opinions, recommendations and most importantly, the decisions of the Board of Regulators, so that in practice they can come into effect.
Amendment  66 Proposal for a regulation Article 14 ‑ paragraph 4 a (new)
Text proposed by the Commission	Amendment
	4a. The European Parliament may invite the Director to make a statement before its competent committee and answer questions put by members of that committee.
Justification
Follows from AM17
Amendment  67 Proposal for a regulation Article 14 – paragraph 6
Text proposed by the Commission	Amendment
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.	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, to the European Parliament and to the Commission before 30 June of that year.
Justification
It is important to have a democratic check on the work programmes of the Agency.
Amendment  68 Proposal for a regulation Article 15 – paragraph 2
Text proposed by the Commission	Amendment
2. The members of the Board of Appeal shall be appointed by the Administrative Board, on a proposal from the Commission, following a call for expression of interest, after consultation of the Board of Regulators.	2. The members of the Board of Appeal shall be appointed by the Administrative Board, on a proposal from the Commission, following a public call for expression of interest, after consultation of the Board of Regulators. Before their appointment, the candidates selected by the Administrative Board shall make a statement before the competent committee of the European Parliament and answer questions put by the members of that committee.
Justification
A recital could state that in the interest of continuity the appointment or renewal of the members of the Board of Appeal should allow for partial replacement of the Board.
Amendment  69 Proposal for a regulation Article 15 ‑ paragraph 6 a (new)
Text proposed by the Commission	Amendment
	6a. The European Parliament may invite any member or members of the Board of Appeal to make a statement before its competent committee and answer questions put by members of that committee.
Justification
Follows from AM17
Amendment  70 Proposal for a regulation Article 18 ‑ paragraph 1
Text proposed by the Commission	Amendment
1. The revenues of the Agency shall consist notably of:	1. The revenues of the Agency shall consist notably of:
(a) a subsidy from the Community, entered in the general budget of the European Communities (Commission Section);	(a) a subsidy from the Community, entered under the appropriate headings of the general budget of the European Communities (Commission Section), as decided by the budgetary authority and in accordance with point 47 of the Interinstitutional Agreement;
(b) the fees paid to the Agency pursuant to Article 19;	(b) the fees paid to the Agency pursuant to Article 19;
(c) any voluntary contribution from the Member States or from their regulatory authorities;	(c) a financial contribution from each of the national regulatory authorities, from every Member State;
	(ca) any proposed alternative financing methods, notably through a charge on the flows of electricity and gas; and
(d) any legacies, donations or grants as mentioned in Article 10(6).	(d) any legacies, donations or grants as mentioned in Article 10(6).
	The Board or Regulators shall agree by[...]* the level of the financial contribution to be made by each Member State under Article 18(1)(c).
	* 12 months after entry into force of this Regulation.
Amendment  71 Proposal for a regulation Article 19 ‑ paragraph 1
Text proposed by the Commission	Amendment
1. Fees shall be due to the Agency for requesting an exemption decision pursuant to Article 8(1).	1. Fees shall be due to the Agency for requesting an exemption decision pursuant to Article 8(1) or specific or special advice, recommendations, decisions or monitoring tasks towards the European networks of transmission system operators.
Justification
To increase the financial autonomy of the Agency and given the problem of the reduced EU budget, it is suggested that the provisions for seeking financing from the from the market are extended.
Amendment  72 Proposal for a regulation Article 20 ‑ paragraph 1
Text proposed by the Commission	Amendment
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 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.	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 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 a justified opinion on the draft.
Justification
The Director has a key regulatory role. Given this, and to ensure his regulatory independence he or she should first receive a fully justified opinion from the Board of Regulators.
Amendment  73 Proposal for a regulation Article 25 ‑ paragraph 4
Text proposed by the Commission	Amendment
4. The Administrative Board may adopt provisions to allow national experts from Member States to be employed on secondment at the Agency.	4. The Administrative Board may adopt provisions to allow national experts from Member States to be employed on secondment at the Agency in exceptional cases.
Justification
Excessive recruitment of staff seconded by national authorities and regulators would diminish the Agency's independence and should be resorted to only exceptionally.
Amendment 74 Proposal for a regulation Article 30 – paragraph 1
Text proposed by the Commission	Amendment
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.	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. That evaluation shall be based on extensive consultation.
Justification
Specifies the evaluation method and its usefulness when drawing up the Agency’s programmes.
Amendment  75 Proposal for a regulation Article 30 – paragraph 2
Text proposed by the Commission	Amendment
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.	2. The first evaluation report shall be presented by the Commission to the European Parliament and the Council at the latest three years after the first Director has taken up his or her duties. The Commission shall then present an evaluation report at least every three years.

EXPLANATORY STATEMENT

Introduction

In the course of debate on this Regulation, the Rapporteur has become more convinced of the need to move beyond the Commission's proposals for the Agency for the Co-operation of Energy Regulators, and create an Agency with more independence and decision-making powers.

It is the Rapporteur's opinion that, if it is to contribute effectively to the development of an integrated competitive energy market for the European Union, the Agency will need more extensive powers, independent of the Commission, to handle cross-border situations and deliver effective cooperation between TSOs and national energy regulators.

Therefore, the proposed Amendments in this draft report suggest significant new decision-making powers for the Agency - in particular over the development of technical codes and the investment plans of the ENTSOs - and greater regulatory and financial independence.

However, with greater power and independence should come greater accountability - to Parliament and to key stakeholders. Therefore, to balance its new powers, the Rapporteur proposes to significantly increase the Agency's requirement to consult, its transparency, and its accountability to Parliament.

It must be kept in mind at all times that the 3rd energy package has to be dealt with as a package - with the Agency as a key cross-cutting element. The role, powers and duties Parliament adopts for the Agency in this Regulation will have to be consistent with the other draft Directives and Regulations in the package - in particular as they relate to the powers and responsibilities of the ENTSOs.

Legal Issues: Institutional Balance and Powers of the Agency

The European Parliament understands the importance of the principle of institutional balance that the European Commission, through Treaty, is charged to defend.

In producing this draft report, the Rapporteur has been aware of the key legal principles set out in case law by the European Court of Justice in the 1958 Meroni judgement (and other cases):

· that a delegating authority cannot confer on another body powers different from those possessed by the delegator under the Treaty, and not subject to the same duties; and

· that it is not possible to delegate powers involving a wide margin of discretion between many different objectives and tasks, so shifting responsibilities and escaping political control.

On this basis, existing European Agencies have been mainly endowed with information and coordination tasks, with the ability to exercise decision-making powers (with legally binding impacts on third parties) being restricted only to individual cases.

But every Agency has its own institutional setting, and their remit must be developed first and foremost with a view to the needs of the specific sectors in which they are to operate. This is the approach we must take in designing this new Agency for the energy sector.

Overall, the Rapporteur's belief is that the core Meroni principles are not affected by the nature of his proposed amendments.

The idea that the Agency, under the proposals set out in this report, will have a wide margin of discretionary power is questionable. The situation is completely different from the one addressed in the Meroni case, in which the delegated authority had to weigh “eight different aims”. The Agency will take decisions which require highly technical evaluations; it will not exercise the sort of discretion that requires a choice between many different and conflicting public interests.

In fact, the functions entrusted to the Agency in accordance with Article 4 as amended, do not involve general regulatory powers nor a general freedom of evaluation that can be equated to the development (even in part) of 'energy policy'. In these proposed amendments the possibility of adopting binding decisions is limited to individual decisions or rules concerning strictly technical matters needed to ensure an efficient and safe functioning of the internal energy market.

The amendments to Article 6, paragraph 3, illustrate this approach: the Agency is empowered only to approve codes (prepared by ENTSO) which relate to the technical operation of the network. On the other hand it only gives advice to the Commission on codes which relate mainly to competition and market rules. Whilst the approval of purely technical codes is an appropriate, purely technical task for the Agency; the Commission rightly takes on responsibility for Market codes, as they relate to competition policy.

The principles established in the Meroni case must therefore be seen in context, rather than being applied in a simplistic, overly conservative manner. In the case of the Agency for the Co-operation of Energy Regulators (whose legal base is Article 95 EC) they require a more careful re-evaluation.

Governance and Structure of the Agency

The proposed changes to the structure and operation of the Agency are designed to secure the most effective balance between the needs for regulatory independence on one hand, and appropriate political control on the other. A key principle for the Rapporteur is that the independence of an Agency is critical not only for its effectiveness but also for its credibility.

With that in mind, the Amendments proposed by the Rapporteur introduce the following key changes:

· A stronger role for the Board of Regulators and the Parliament in the appointment of the Director. The Director is still appointed by Administrative Board, but on the basis of a list of at least 2 names nominated by the Board of Regulators, rather than the Commission.

· A more efficient and transparent Administrative Board. Membership is streamlined considerably, with 5 members in total - 2 each nominated by the Commission and Council; but also a nominated representative of the European Parliament, to ensure that the legislature's views are reflected. Members will be required to undertake to act independently and make a declaration of commitments and interests that might prejudice that independence.

· A time-limit is introduced to ensure speedy decision-making by the Agency. The Agency will be required to make decisions within a fixed time limit - three months is suggested. If a decision is not forthcoming within that time, the decision reverts to the Commission. This will avoid institutional paralysis and uncertainty for the market. It also provides the Commission with an appropriate mechanism for supervision and control.

· Increased financial independence for the Agency. There is increased scope for the Agency to raise finances from the marketplace (in return for services rendered/ decisions made) and national regulators.

In general, these proposals will strengthen the regulatory independence of the Agency, whilst ensuring effective political accountability. In particular, the Agency's accountability to Parliament will be strengthened.

Consultation, Monitoring and Reporting

The proper way to confer of binding power to the Agency (in a step which will further enhance its compatibility with the Meroni principles) is to build up an adequate legal framework that guarantees that all affected parties will be consulted; gives the Agency a clearly stated duty of transparency; and, in particular, extends the accountability (through information provision and reporting) of the Agency towards the European Parliament.

To this end, the proposed new articles 8b (new) and 8c (new) would include in the proposed regulation precise requirements for ACER:

· to carry out consultations with all the parties concerned in any measures undertaken under the Regulation;

· to ensure a high level of transparency, and provide easy access to information, through clear arrangements laid down in its Rules of Procedure; and

· to monitor developments in gas and electricity markets - particularly consumer issues - and produce an annual report for the attention of the Parliament and the Commission, setting out (if appropriate) proposals for action to improve the opening of markets.

Conclusion

The aim of the 3rd Energy Package is to gradually move the energy market, which up to a decade ago had been based on a monopoly system, from a liberalisation stage towards a stage at which competition is genuine and sustainable.

To achieve this purpose the relationship between regulatory processes and market development should be governed by an approach which is:

· geared to the future state of the market (i.e. a forward-looking approach) in which conditions will be much more competitive and diversified; and

· focused on the implementation of competition law, to minimize as much as possible the ex-ante rules applied on a case-by-case basis.

These objectives can be pursued at European level, with competitive framework and ex-ante rules being harmonised. This means that regulation of the energy sector will be progressively scaled down until the rules applying are competition rules. It must be pointed out that unless an efficient competitive environment is achieved, sector-specific regulation will continue to play a role.

But the energy sector will only be brought under a system based primarily on competition rules once it has been established that the industry is no longer a natural monopoly and has become a "normal" industry.

The future of the European energy market and its development after the implementation of the 3rd Energy Package will therefore require an important role to be played by the Agency for Cooperation of Energy Regulators. This is why the power and independence of the Agency must be enhanced, over and above the level proposed by the Commission.

OPINION of the Committee on Budgets (7.5.2008)

for the Committee on Industry, Research and Energy

on the proposal for a regulation of the European Parliament and of the Council establishing an Agency for the Cooperation of Energy Regulators
(COM(2007)0530 – C6‑0318/2007 – 2007/0197(COD))

Draftswoman: Jutta Haug

SHORT JUSTIFICATION

Commission proposal

Financial impact

The total annual costs of the new Agency for the Cooperation of Energy Regulators are estimated at approximately EUR 6-7 million per year, of which EUR 5 million for staff expenditure (taking as the average per person the cost of European Commission staff, i.e. EUR 0.117 million per year, which includes expenditure associated with buildings and related administrative expenditure), EUR 1 million operational costs (meetings, studies, as well as translation, publication and public relations costs) and the rest for capital expenditure (relating to the acquisition of movable property and associated expenditure) and mission expenditure.

The Agency’s annual costs will be covered by Community grants. The Agency has limited revenues stemming from fees to be paid by third parties which are charged when the Agency takes certain decisions.

Staff

The Commission proposes that the new Agency for the Cooperation of Energy Regulators should have, given its tasks, a limited staff of 40-50 people. This assessment is based on an analysis of the staff requirements of national regulatory authorities and an analysis of the minimum resources necessary to carry out the tasks proposed, in particular in the light of possibilities for synergies in harnessing the resources within national regulatory authorities to assist the work of the agency. According to the Commission, the proposed staff numbers are in line with these authorities' needs. Besides, the Commission argues that if the Commission itself were to endeavour to perform the Agencies' tasks, the number of staff required would be much higher.

Appraisal

From a budgetary point of view, your draftswoman has some concerns regarding the setting-up of the new Agency for the Cooperation of Energy Regulators because of uncertainties regarding its financing. These concerns centre around the following points:

1) The new Agency for the Cooperation of Energy Regulators has to be financed under subheading 1a of the multiannual financial framework 2007 - 2013 where margins have become particularly limited. In this heading, some reprogramming was already necessary in order to come to an agreement on the financing of Galileo. The resulting margin of subheading 1a for 2008 was consequently 0.

The financing of the new Energy Agency is included neither in the Commission's last financial programming of 31 January 2008 nor in the tables annexed to the APS for 2009, in which it is simply stated that the agency "will be financed by corresponding reductions in other actions (mostly actions under institutional prerogatives) within the transport and energy policy area." No further details of this exercise are provided.

To the Committee on Budgetary Control, the Commission confirmed that it aims at financing the agency without reducing the margin in subheading 1a, i.e. by redeployment outside any co-decided lines. The Commission has so far been unable to specify exactly how this will be done.

However, even if this manoeuvre were to leave the margin untouched on paper, this means that the financing of the agency will be carried out using the last "freely available" resources in subheading 1a and that any newly emerging priority in the future will require formal reprogramming (as has already been announced to be necessary for the creation of the planned new Electronic Communications Market Authority). This seems unacceptable to your draftswoman (see Amendment 1).

2) In this context, it has to be pointed out once more that agencies such as the new agency proposed here fulfil predominantly administrative tasks. Some serious thought should therefore be given to the possibility of financing such bodies under heading 5 of the MFF, which has the additional advantage that margins are not as tight as with the other, operational headings (see Amendment 2).

3) Of course, an Article 47 IIA procedure will be required for the setting-up of this new agency once the Commission has finally made public the details of its intended financing. If the legislator should decide in favour of setting up this agency, the budgetary authority will have to come to an agreement on its financing within the framework of the provisions of the IIA (see Amendment 3).

AMENDMENTS

The Committee on Budgets calls on the Committee on Industry, Research and Energy, as the committee responsible, to reject the current Commission proposal on the grounds of uncertainties regarding its financing, and to incorporate the following amendments in its draft legislative resolution:

Amendment  1 Draft legislative resolution Paragraph 1 a (new)
Draft legislative resolution	Amendment
	1a. Considers that the reference amount indicated in the legislative proposal is not compatible with the ceiling of subheading 1a of the current multiannual financial framework 2007 - 2013 without jeopardising the financing of other priorities; notes that the Commission has communicated its intention to finance the new Agency for the Cooperation of Energy Regulators exclusively by redeployment within subheading 1a; reiterates, however, that the budgetary authority has not yet received any information as to the details of this redeployment exercise so that it remains unclear, to date, which programmes or priorities are affected and what consequences arise from this throughout the financial period, and whether a sufficient margin will remain in subheading 1a;
Amendment  2 Draft legislative resolution Paragraph 1 b (new)
Draft legislative resolution	Amendment
	1b. Points out that the proposed Agency will fulfil mainly administrative tasks and assist the Commission; is consequently of the opinion that all possibilities of the Multiannual Financial Framework 2007 - 2013, including Heading 5 where sufficient margins still seem to be available, should be explored to finance the new agency;
Amendment  3 Draft legislative resolution Paragraph 1 c (new)
Draft legislative resolution	Amendment
	1c. Underlines that the provisions of Point 47 of the Interinstitutional Agreement (IIA) of 17 May 2006 shall be applied for the setting-up of the Agency; stresses that, should the legislative authority decide in favour of setting up such an agency, Parliament will enter into negotiations with the other arm of the budgetary authority with a view to coming to a timely agreement on the financing of this agency in line with the relevant provisions of the IIA;

PROCEDURE

Title	Agency for the Cooperation of Energy Regulators
References	COM(2007)0530 – C6-0318/2007 – 2007/0197(COD)
Committee responsible	ITRE
Opinion by        Date announced in plenary	BUDG 11.10.2007
Drafts(wo)man        Date appointed	Jutta Haug 20.9.2004
Discussed in committee	27.3.2008 1.4.2008 8.4.2008
Date adopted	6.5.2008
Result of final vote	+: –: 0:	25 0 0
Members present for the final vote	Laima Liucija Andrikienė, Reimer Böge, Simon Busuttil, Paulo Casaca, Daniel Dăianu, Valdis Dombrovskis, Brigitte Douay, Hynek Fajmon, Salvador Garriga Polledo, Ingeborg Gräßle, Louis Grech, Nathalie Griesbeck, Catherine Guy-Quint, Jutta Haug, Anne E. Jensen, Wiesław Stefan Kuc, Janusz Lewandowski, Vladimír Maňka, Mario Mauro, Francesco Musotto, Margaritis Schinas, Theodor Dumitru Stolojan, László Surján, Kyösti Virrankoski, Ralf Walter

OPINION of the Committee on Economic and Monetary Affairs (14.5.2008)

for the Committee on Industry, Research and Energy

on the proposal for a regulation of the European Parliament and of the Council establishing an Agency for the Cooperation of Energy Regulators
(COM(2007)0530 – C6‑0318/2007 – 2007/0197(COD))

Draftsman: Alain Lipietz

SHORT JUSTIFICATION

The Commission’s proposal to set up a European agency to coordinate national energy regulators is a timely one and is the logical consequence of the evolution of the European energy programme over a number of years.

Initially, public electricity and gas services in the 27 Member States were most commonly provided by companies – usually public – which had a virtual national or regional monopoly. However, these entities had for a long time been selling each other energy, so that rules had to be drawn up to ensure healthy competition between these and other, new entities which might appear on the market. The principle which slowly emerged was the separation of the two energy transmission networks (electricity and gas) on the one hand and the large number of energy production and distribution companies on the other. This disconnection is intended to ensure the neutrality of the transmission system vis-à-vis the energy producers. How the disconnection is achieved (with or without ownership unbundling) is not relevant to the present regulation. Similarly, the Commission specifies that this disconnection must be carried out, irrespective of the system of ownership (public or private) of the transmitters and the producers/suppliers.

The result of this evolution is that the system of European national transmission networks has been transformed into natural monopolies, just as happens with the system of roads, ports and airports between which lorries, ships and aircraft belonging to thousands of companies travel. The Commission has gone so far as to specify that part of the gas storage capacity must be integrated into the transmission system, which is a European public asset.

This poses three problems:

- Guaranteeing free access for all producers, whether big or small (from the owner of a wind turbine to the owner of a number of nuclear power plants), to the transport system in a way which is completely transparent, without discrimination according to size or nationality.

- Regulating the energy market on the basis of the EU’s energy policy (which includes policies for social and regional integration and environmental protection, particularly regarding climate).

- Achieving physical interconnection and harmonisation of technical standards between networks at European level and opening them up to third countries which, for example, supply gas (Russia) or transmit electricity (Switzerland).

The need for this interconnection and harmonisation is the rationale behind setting up a national regulator coordination body (the Agency).

Interconnection of the national transport network system and coordination of their regulators by the Agency in this way would constitute a real public energy service, which would be founded on European-level cooperation.

The rapporteur agrees with the Commission’s proposals, although clarification is needed on two points.

Firstly, the Agency’s powers.

The Commission is right to reject the idea of amending the treaties with the sole aim of granting the Agency binding powers, recognising that it has neither the technical means nor the staff to achieve this. It therefore proposes an agency which would be primarily consultative and would refer matters to the Commission for decisions and, if necessary, sanctions.

The rapporteur considers that there are sufficient legal bases for increasing the powers of the Agency in the areas of the internal market and the fight against abuses of dominant positions, while at the same time leaving the power to impose fines with the Commission. On the other hand, monitoring the conformity of the national regulators’ policies with the EU energy policy can, as things stand at present, only be subject to non-binding opinions.

Secondly, the Agency’s accountability.

The Agency’s credibility in the eyes of the market means that it must be completely independent from the agents whose behaviour it is required to regulate, whether these be energy transmission managers or energy producers/distributors. An agency with this kind of decision-making power over private or public agents must have a legitimacy which is derived from democratic accountability.

In suggesting that the capacity of the Agency for direct action be increased (without the mediation of the Commission), the rapporteur has endeavoured to balance these powers with a democratic accountability to Parliament and the Council. The Agency must not only act in conformity with the treaties and secondary legislation, it must also give an account of its decisions and opinions to the European legislative bodies from which it derives its authority.

AMENDMENTS

The Committee on Economic and Monetary Affairs calls on the Committee on Industry, Research and Energy, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1 Proposal for a regulation Recital 4
Text proposed by the Commission	Amendment
(4) The European Council in the spring of 2007 invited the Commission to propose measures to set up an independent mechanism for national regulators to co-operate.	(4) The European Council in the spring of 2007 invited the Commission to propose measures to set up an independent mechanism for energy-regulating bodies to cooperate with each other and take decisions on important cross-border issues.
Amendment  2 Proposal for a regulation Recital 4 a (new)
Text proposed by the Commission	Amendment
	(4a) Тhe Member States should cooperate closely and eliminate obstacles to cross-border exchanges in order to achieve the objectives of EU energy policy. Adopting an independent instrument to fill the existing gap would serve the dual purpose of incorporating the European perspective in the national regulatory authorities’ exercise of their powers and of contributing to the effectiveness of the Community principles of equal treatment and fair conditions of access to the trans-European networks for transporting gas and electricity, and contribute to the proper functioning of the internal market. The Agency for the Cooperation of Energy Regulators, hereinafter ‘the Agency’ is to be established as an organisation to enable national regulatory authorities to step up their cooperation from a European perspective and participate, on common bases, in the exercise of Europe-related functions.
Amendment  3 Proposal for a regulation Recital 5
Text proposed by the Commission	Amendment
(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. An Agency for the Cooperation of Energy Regulators, hereinafter referred to as ‘the Agency’, should therefore be established.	(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. The "agency" model was chosen rather than any other, such as ERGEG+. Models that were rejected should be reconsidered in the event that the Agency does not deliver the expected results.
Justification
The Commission has discarded a number of other options, such as ERGEG+ or a structure similar to the European System of central Banks. Should the agency model retained not deliver the expected results, the Commission should reconsider the other options and modify the regulation accordingly.
Amendment  4 Proposal for a regulation Recital 6
Text proposed by the Commission	Amendment
(6) The Agency 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.	(6) The Agency 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 and its members vis-à-vis consumers, energy producers and transmission and distribution system operators, whether public or private, and to ensure the conformity of its actions with Community legislation, its technical capacity, its capacity to adjust to regulatory developments and its transparency, amenability to democratic control and efficiency.
Amendment  5 Proposal for a regulation Recital 8
Text proposed by the Commission	Amendment
(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.	(8) It is appropriate to provide an integrated framework within which national regulatory authorities are able to participate and 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.
Amendment  6 Proposal for a regulation Recital 9
Text proposed by the Commission	Amendment
(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.	(9) Since the Agency has an overview of the national regulatory authorities and other sources, it should have an advisory role towards the Commission, the other EU institutions and the national regulatory authorities of at least two Member States 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.
Amendment  7 Proposal for a regulation Recital 10
Text proposed by the Commission	Amendment
(10) The Agency should also be able to issue non-binding guidelines to assist regulatory authorities and market players in sharing good practices.	(10) The Agency should also be able to draw up documents listing good practices and issue guidelines to assist regulatory authorities, transport network managers and market players in sharing good practices and should have binding guidelines for acting in accordance with Community principles within the framework of the EU energy policy.
Amendment   8 Proposal for a regulation Recital 13
Text proposed by the Commission	Amendment
(13) The Agency 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 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.	(13) The Agency should have the necessary powers to perform the regulatory functions in an efficient, transparent, reasoned and above all independent manner. The independence of regulatory authorities vis-à-vis energy producers and transmission and distribution system operators is a key principle of good governance and a fundamental condition to ensure market confidence. Reflecting the situation at national and Community level, the Board of Regulators and its members should therefore act independently from any market interest and should avoid conflicts of interests and should not seek or take instructions or accept recommendations from any government or other public or private entity, and should at the same time adhere to Community legislation concerning energy, the environment, the internal market and competition policies and reporting to the EU authorities on its decisions and proposals.
Justification
This amendment seeks to define the Agency’s independence: independence vis-à-vis the operators between whom it must arbitrate and democratic accountability with regard to the legislation and legislative bodies of the EU.
Defines the Agency’s democratic accountability.
Amendment  9 Proposal for a regulation Recital 14
Text proposed by the Commission	Amendment
(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.	(14) Where the Agency has decision-making powers, interested parties should, for reasons of procedural economy, be granted a right of appeal initially to a Board of Appeal, which should be part of the Agency, but independent from its administrative and regulatory structure. The decision of the Board of Appeal should be amenable to appeal before the Court of Justice.
Justification
Specifies parties' right of appeal against the Agency's decisions.
Amendment  10 Proposal for a regulation Recital 17
Text proposed by the Commission	Amendment
(17) The Agency should apply the general rules regarding public access to documents held by Community bodies. The Administrative board should establish the practical measures to protect commercially sensitive data and personal data.	(17) The Agency should apply the general rules regarding public access to documents held by Community bodies, in particular the Aarhus Convention. The Administrative board should approve the protocols and should establish the practical measures to protect commercially sensitive data and personal data.
Justification
Restates the binding nature of the Aarhus Convention (for example concerning the transparency of environmental impact studies) on all EU institutions, including the Agency.
Amendment  11 Proposal for a regulation Recital 18
Text proposed by the Commission	Amendment
(18) Participation of third countries in the work of the Agency should be possible in accordance with appropriate agreements to be concluded by the Community.	(18) Participation of third countries in the work of the Agency should be possible in accordance with appropriate agreements to be concluded by the Community, pursuant to the provisions of the Treaty.
Justification
Agreements with third countries need to be approved by the relevant legislative body pursuant to the Treaty.
Amendment  12 Proposal for a regulation Recital 19
Text proposed by the Commission	Amendment
(19) Since the objectives of the proposed action, cooperation of national regulatory authorities at Community level, cannot be sufficiently achieved by the Member States and can therefore, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,	(19) Since the objectives of the proposed action, namely the participation and cooperation of national regulatory authorities at Community level, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,
Amendment  13 Proposal for a regulation Article 1
Text proposed by the Commission	Amendment
An Agency for the Cooperation of Energy Regulators, hereinafter referred to as ‘the Agency’ is established for 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.	An Agency for the Cooperation of Energy Regulators, hereinafter referred to as ‘the Agency’ is established for the purpose of complementing at Community level, where at least two Member States are concerned, 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.
Justification
Clarification that the Agency should take action where it can be expected that cross-border activity leads to a regulatory gap.
Amendment  14 Proposal for a regulation Article 2 – paragraph 2
Text proposed by the Commission	Amendment
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.	2. In each Member State, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under national law. It may be a party to legal proceedings.
Justification
The Agency should not acquire any property.
Amendment  15 Proposal for a regulation Article 4
Text proposed by the Commission	Amendment
Type of acts of the Agency	Tasks of the Agency
The Agency may:	The Agency shall:
(a) issue opinions addressed to transmission system operators;	(a) issue opinions and recommendations addressed to transmission system operators in connection with matters relating to the proper functioning of the internal market, such as non-discrimination and effective competition;
(b) issue opinions addressed to regulatory authorities;	(b) issue opinions and recommendations addressed to regulatory authorities in connection with matters relating to the proper functioning of the internal market such as non-discrimination and effective competition;
(c) issue opinions and recommendations addressed to the Commission;	(c) issue opinions and recommendations addressed to the European Parliament, the Council, the Commission, consumers, energy producers and transmission and distribution system operators;
	(ca) draw up documents listing good practices and adopt guidelines in accordance with Articles 6 and 7; and
(d) take individual decisions in specific cases referred to in Articles 7 and 8.	(d) take individual decisions in specific cases referred to in Articles 6, 7 and 8.
Justification
The Commission's proposal does not grant the Agency the necessary powers to fulfil its role, i.e. to enable the cooperation of national regulators, deal with cross-border issues and generally contribute to the good functioning of the internal market.
Amendment  16 Proposal for a regulation Article 5
Text proposed by the Commission	Amendment
The Agency may, upon a request from the Commission or on its own initiative, provide an opinion to the Commission on all issues related to the purpose for which it has been established.	The Agency may, upon a request from the European Parliament, the Council or the Commission or on its own initiative, provide an opinion to these institutions on all issues related to the purpose for which it has been established.
Justification
Broadens the Agency’s advisory scope to European legislature.
Amendment  17 Proposal for a regulation Article 5 a (new)
Text proposed by the Commission	Amendment
	5a. The Agency shall maintain an open, transparent and regular dialogue with the organisations which represent existing interests in the sector, and shall consult interested parties prior to the adoption of any document concerning them.
Amendment  18 Proposal for a regulation Article 6 – paragraph 3
Text proposed by the Commission	Amendment
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.	3. After consulting the relevant stakeholders, the Agency shall prepare strategic guidelines for the European Network of Transmission System Operators for Electricity as provided for in Article 2d(2) of Regulation (EC) No 1228/2003 and for 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 and market codes, ,the 10-year investment plan listing the obstacles to cross-border network development caused by differing authorisation procedures or practices, in order to ensure non-discrimination, effective competition and the efficient and proper functioning of the internal market, within the framework of the energy policy set out in Community legislation.
Justification
While ENTSOs are in charge of developing the codes and 10-years investment plans, the Agency should be in a position to offer guidance to ensure the good functioning of the internal market.
Amendment  19 Proposal for a regulation Article 6 – paragraph 3 a (new)
Text proposed by the Commission	Amendment
	(3a) The Agency shall, on its own initiative or at the request of the Commission, advise the Commission in preparing strategic guidelines to assist the European Network Transmission System Operators, in developing codes and rules (including technical codes) common network operation tools and research plans, a 10-year investment plan including, every two years, a generation adequacy outlook, and an annual work programme as provided in Article 2c(1)(a) to (c), of Regulation (EC) No 1228/2003 and Article 2c(1)(a) to (c) of Regulation (EC) No 1775/2005, including, where appropriate, in adopting mandatory guidelines. The Agency shall, on its own initiative or at the request of the Commission, advise the Commission in preparing market codes, and in adopting mandatory guidelines.
Justification
The scope and depth of the proposed codes and rules –whether they apply to all transmission infrastructures or to interactions between existing national transmission networks- should be defined ex ante. Firstly, the Agency should provide advice to the Commission, upon request or on its own initiative, on the exact scope and depth of a code or rule within the areas specified in Article 2c (3) of the electricity and gas Regulation. Similarly, the high level objectives and the scope for the 10 year investment plan needs to be defined ex ante.
Amendment  20 Proposal for a regulation Article 6 – paragraph 4
Text proposed by the Commission	Amendment
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.	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, or conformity with the energy policy set out in Community legislation.
Justification
Stresses the legislative framework of the Agency’s activity.
Amendment  21 Proposal for a regulation Article 6 – paragraph 5
Text proposed by the Commission	Amendment
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.	5. By delegation of the Commission’s powers and in compliance with the definitions set out in Article 2e(2) of Regulation (EC) No 1228/2003 and Article 2e(2) of Regulation (EC) No 1775/2005, the Agency may take suspensive decisions and propose that the Commission impose fines 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.
Justification
Determines the Agency’s legal basis and suspensive power in the areas of legislation, competition and internal market law. The power to impose sanctions is, however, retained by the Commission, owing to the lack of a clear legal basis.
Amendment  22 Proposal for a regulation Article 6 – paragraph 6 a (new)
Text proposed by the Commission	Amendment
	6a. The Agency shall, in accordance with its work programme , or if asked to do so by the Commission, draw up documents listing good practices and adopt guidelines that contain rules for protecting the principles of non-discrimination, effective competition and proper functioning of the market when drawing up technical and market codes, the draft annual work programme and the draft 10-year investment plan. The guidelines shall be non-binding, except when they have been endorsed by the appropriate regulatory procedure.
Amendment  23 Proposal for a regulation Article 6 – paragraph 6 b (new)
Text proposed by the Commission	Amendment
	6b. The Agency shall supervise the application of the guidelines it adopts, as provided for in paragraph 6a, and may, on its own initiative or at the request of the Commission or of a competent authority or interested operator, adopt decisions to record whether those for whom the guidelines were intended have put them into effect.
Amendment  24 Proposal for a regulation Article 6 – paragraph 6 c (new)
Text proposed by the Commission	Amendment
	6c. The Agency shall consult market participants, consumers and end-users extensively and at an early stage, in an open and transparent manner, in particular with regard to its tasks as regards transmission system operators.
Justification
Public consultations at EU level are currently undertaken by the ERGEG. Therefore, the ACER should inherit this task as it has already well established rules and experience in carrying out public consultations. Moreover, the Agency, unlike the TSOs, is the body created to act in the interest of all market participants.
Amendment  25 Proposal for a regulation Article 7 – paragraph 2
Text proposed by the Commission	Amendment
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.	2. The Agency, in accordance with its work programme or at the request of the Commission, shall draw up documents listing good practices to assist regulatory authorities and market players within the framework of the EU energy policy. It may also adopt guidelines which recall binding obligations under Community legislation protecting the principles of non-discrimination, effective competition and efficient functioning of the market when drawing up technical and market codes, the draft annual work programme or the draft 10-year investment plan; the guidelines shall be non-binding insofar as they concern balancing energy markets by increasing production or changing production techniques, energy saving, reducing greenhouse gases and improving the EU energy efficiency, in line with the energy policy set out in Community legislation.
Amendment 26 Proposal for a regulation Article 7 – paragraph 4
Text proposed by the Commission	Amendment
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.	4. The Agency shall provide an opinion, at the request of any regulatory authority, 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 and Community legislation which sets out the EU energy policy.
Justification
Extends the Agency’s democratic accountability to taking account of possible extensions of EU law regarding energy.
Amendment  27 Proposal for a regulation Article 7 – paragraph 6
Text proposed by the Commission	Amendment
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.	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, after consulting the Commission, deliver its opinion within two months.
Justification
Strengthens the Agency's independence in providing guidance and shortens the deadline.
Amendment  28 Proposal for a regulation Article 8 – paragraph 2 a (new)
Text proposed by the Commission	Amendment
	2a. The Agency may carry out other tasks on behalf of the Commission or the national regulatory authorities, where such tasks can be entrusted to it, and shall do so within the terms set out in the document mandating it to carry out the tasks in question.
Amendment  29 Proposal for a regulation Article 9 – paragraph 1
Text proposed by the Commission	Amendment
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.	1. The Administrative Board shall be composed of twelve members of 12 different nationalities chosen on the basis of their expertise, six chosen from the candidates put forward by the Commission, and six from those put forward by the Council. The European Parliament shall be consulted. The term of office shall be of five years, renewable once.
Justification
The Administrative Board is more representative in this way and has more democratic accountability.
Amendment  30 Proposal for a regulation Article 9 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	1a. The members of the Administrative Board shall act independently and shall abstain from any acts incompatible with the nature of their duties, submitting annually documentary proof, in the form of a signed declaration, that they have no conflicts of interest as regards the Agency’s activities.
Amendment  31 Proposal for a regulation Article 9 – paragraph 3
Text proposed by the Commission	Amendment
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.	3. Meetings of the Administrative Board shall be convened by its Chairperson. The Director of the Agency shall participate in the deliberations. 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 European Parliament, the Council, or the Commission or at the request of at least a quarter of its members. The Administrative Board may take a unanimous decision to invite a third party 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.
Justification
Strengthens the Agency's independence.
Amendment  32 Proposal for a regulation Article 9 – paragraph 4
Text proposed by the Commission	Amendment
4. Decisions of the Administrative Board shall be adopted on the basis of a majority two-thirds majority of the members present.	4. Unless otherwise provided for by this Regulation or its rules of procedure, the Administrative Board shall adopt decisions on the basis of a two-thirds majority of the members present.
Justification
Strengthens the Agency's independence.
Amendment  33 Proposal for a regulation Article 9 – paragraph 5
Text proposed by the Commission	Amendment
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.	5. Each member shall have one vote. The rules of procedure shall set out in greater detail the arrangements governing voting, especially the rules governing quorums.
Justification
Strengthens the Agency's independence.
Amendment  34 Proposal for a regulation Article 10 – paragraph 1
Text proposed by the Commission	Amendment
1. The Administrative Board shall, after having consulted the Board of Regulators, appoint the Director in accordance with Article 13(2).	1. The Administrative Board shall, in agreement with the Board of Regulators, appoint the Director in accordance with Article 13(2).
Justification
Strengthens the division of responsibilities.
Amendment 35 Proposal for a regulation Article 10 – paragraph 10
Text proposed by the Commission	Amendment
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.	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 April 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. The five EU institutions shall grant or refuse approval of the implementation by the Agency of EU policies on energy, the internal market and competition. The European Parliament shall draw up recommendations for the work programme referred to in Article 10(4).
Justification
Specifies the responses of the EU bodies to the Agency's annual report and brings the report date forward so that the Agency may be guided by the responses when drawing up the following year’s programme.
Amendment  36 Proposal for a regulation Article 12 – paragraph 1
Text proposed by the Commission	Amendment
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.	1. The Director shall obtain the assent of the Board of Regulators before the adoption of the opinions, strategic guidelines, 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. x The Board of Regulators shall be the only decision-making body of the Agency as far as regulation is concerned.
Justification
Delimits the field of competence.
Amendment  37 Proposal for a regulation Article 13 – paragraph 1
Text proposed by the Commission	Amendment
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.	1. The Agency shall be managed by its Director, who in the exercise of his functions shall act independently and in accordance with the decisions of the Board of Regulators. 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 or recommendation from any national government or from any public or private body, within the framework of the energy policy set out in Community legislation.
Amendment 38 Proposal for a regulation Article 13 – paragraph 2
Text proposed by the Commission	Amendment
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.	2. The Director shall be appointed by the Board of Regulators, on the basis of merit as well as skills and experience, from a list of at least two candidates proposed by the Commission and two candidates proposed by the Council, following a call for expression of interest. To this end, the candidates proposed shall be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members. The European Parliament may object to the appointment if the replies given do not conform to EU guidelines.
Justification
Specifies the democratic accountability of the Director.
Amendment  39 Proposal for a regulation Article 13 – paragraph 4
Text proposed by the Commission	Amendment
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.	deleted
Justification
Strengthens the Agency's independence.
Amendment  40 Proposal for a regulation Article 13 – paragraph 7
Text proposed by the Commission	Amendment
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.	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 the votes.
Justification
Alignment with previous amendment.
Amendment  41 Proposal for a regulation Article 14 – paragraph 3
Text proposed by the Commission	Amendment
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.	3. The Director shall adopt the opinions, recommendations and decisions referred to in Articles 5, 6, 7 and 8, subject to the assent of the Board of Regulators.
Justification
Delimits the field of competence.
Amendment  42 Proposal for a regulation Article 15 – paragraph 1
Text proposed by the Commission	Amendment
1. The Board of Appeal shall be composed of six members and six alternates selected from among current or former senior staff of the national regulatory authorities, competition authorities or other national or Community institutions with relevant experience in the energy sector. The Board of Appeal designates its Chairperson. The decisions of the Board of Appeal shall be adopted on the basis of a qualified majority of at least four out of its six members. The Board of Appeal shall be convened when necessary.	1. The Board of Appeal shall be composed of six members and six alternates selected from among current or former senior staff of the national regulatory authorities, competition authorities or other national or Community institutions with relevant experience in the energy sector, appointed on the basis of professional competence and originating in 12 different Member States. The Board of Appeal designates its Chairperson. The decisions of the Board of Appeal shall be adopted on the basis of a qualified majority of at least four out of its six members. The Board of Appeal shall be convened when necessary.
Justification
In the context of the Agency, diversity, experience and competence are essential qualities for the members.
Amendment  43 Proposal for a regulation Article 15 – paragraph 2
Text proposed by the Commission	Amendment
2. The members of the Board of Appeal shall be appointed by the Administrative Board, on a proposal from the Commission, following a call for expression of interest, after consultation of the Board of Regulators.	2. The members of the Board of Appeal shall be appointed by the European Parliament, on a consensus proposal from the Council and the Commission, following a call for expression of interest.
Amendment  44 Proposal for a regulation Article 15 – paragraph 3
Text proposed by the Commission	Amendment
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.	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.
Amendment 45 Proposal for a regulation Article 16 – paragraph 1
Text proposed by the Commission	Amendment
1. Any natural or legal person may appeal against a decision as referred to in Articles 7 and 8 and which is addressed to that person, or against a decision which, although in the form of a decision addressed to another person, is of direct and individual concern to that person.	1. Any natural or legal person may appeal against a decision as referred to in Articles 6, 7 and 8 and which is addressed to that person, or against a decision which, although in the form of a decision addressed to another person, is of direct and individual concern to that person.
Justification
Takes account of the expansion of the Agency’s decision-making powers put forward in Article 6.
Amendment  46 Proposal for a regulation Article 17 – paragraph 2
Text proposed by the Commission	Amendment
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
Amendment 47 Proposal for a regulation Article 27 – paragraph 2
Text proposed by the Commission	Amendment
2. The Administrative Board shall adopt practical measures for applying Regulation (EC) No 1049/2001 within six months from the date of entry into force of this Regulation.	2. The Administrative Board shall adopt practical measures for applying Regulation (EC) No 1049/2001 and the Aarhus Convention within six months from the date of entry into force of this Regulation.
Justification
Restates the binding nature of the Aarhus Convention (for example concerning the transparency of environmental impact studies) on all EU institutions, including the Agency.
Amendment 48 Proposal for a regulation Article 30 – paragraph 1
Text proposed by the Commission	Amendment
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.	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. The evaluation shall be based on extensive consultation, via the Commission’s internet site, of the parties concerned by energy, competition and internal market policies, namely transport operators, energy distribution and production operators, professional and consumer organisations and environmental protection organisations.
Justification
Specifies the evaluation method and its usefulness when drawing up the Agency’s programmes.
Amendment  49 Proposal for a regulation Article 30 – paragraph 2
Text proposed by the Commission	Amendment
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.	2. The first evaluation report shall be presented by the Commission to the European Parliament and the Council at the latest two years after the first Director has taken up his or her duties. The Commission shall then present an evaluation report at least every three years on the date specified in Article 10(10).
Justification
Earlier evaluation of the Agency's work.
Amendment  50 Proposal for a regulation Article 30 – paragraph 2 a (new)
Text proposed by the Commission	Amendment
	2a. After the first evaluation report of the activities of and results obtained by the Agency, the European Parliament and the Council shall, acting on a proposal by the Commission, either extend the mandate of the Agency or replace it with a more appropriate structure.
Justification
The Commission's proposal establishing an agency, under its control, with mostly advisory powers may not be the most appropriate structure to contribute to the creation of a single European market for electricity and gas. Accordingly, the Commission should review the results obtained and if necessary propose another structure.
Amendment  51 Proposal for a regulation Article 31 - title
Text proposed by the Commission	Amendment
Entry into force and transitory measures	Entry into force, transitional measures and expiry
Justification
The setting of a time limit should ensure that attention is given to the development of the internal energy market.
Amendment  52 Proposal for a regulation Article 31 - paragraph 2 a (new)
Text proposed by the Commission	Amendment
	2a. This Regulation shall expire on 1 January 2015.
Justification
The setting of a time limit should ensure that attention is given to the development of the internal energy market.

PROCEDURE

Title	Agency for the Cooperation of Energy Regulators
References	COM(2007)0530 – C6-0318/2007 – 2007/0197(COD)
Committee responsible	ITRE
Opinion by        Date announced in plenary	ECON 11.10.2007
Drafts(wo)man        Date appointed	Alain Lipietz 23.10.2007
Discussed in committee	29.1.2008		26.2.2008		1.4.2008
Date adopted	6.5.2008
Result of final vote	+: –: 0:	35 5 0
Members present for the final vote	Mariela Velichkova Baeva, Zsolt László Becsey, Pervenche Berès, Sharon Bowles, Udo Bullmann, Manuel António dos Santos, Jonathan Evans, Elisa Ferreira, Jean-Paul Gauzès, Robert Goebbels, Donata Gottardi, Karsten Friedrich Hoppenstedt, Sophia in ‘t Veld, Othmar Karas, Piia-Noora Kauppi, Wolf Klinz, Christoph Konrad, Guntars Krasts, Kurt Joachim Lauk, Andrea Losco, Astrid Lulling, Florencio Luque Aguilar, Gay Mitchell, John Purvis, Alexander Radwan, Bernhard Rapkay, Antolín Sánchez Presedo, Margarita Starkevičiūtė, Ivo Strejček, Ieke van den Burg, Cornelis Visser
Substitute(s) present for the final vote	Katerina Batzeli, Valdis Dombrovskis, Harald Ettl, Ján Hudacký, Alain Lipietz, Diamanto Manolakou, Gianni Pittella, Bilyana Ilieva Raeva, Andreas Schwab

OPINION of the Committee on the Internal Market and Consumer Protection (21.4.2008)

for the Committee on Industry, Research and Energy

on the proposal for a regulation of the European Parliament and of the Council establishing an Agency for the Cooperation of Energy Regulators
(COM(2007/0530 – C6‑0318/2007 – 2007/0197(COD))

Draftswoman: Gabriela Creţu

SHORT JUSTIFICATION

The Committee on Internal Market and Consumer Protection supports the European Commissions proposal on the regulation establishing an Agency for the Cooperation of Energy Regulators. This Agency should play an important role in the development and implementation of the 3rd Energy Package.

This Agency must be fully independent and have full administrative and financial autonomy in order to serve as an important player in defending consumer and stakeholder rights. It should be able to consult the market participants at an early stage, needs the power to coordinate and verify investments and to handle market monitoring and be able to inform on market distortions.

The activities of the agency should include the process of initiation, monitoring and approval of the proposals by European Networks of Transmission System Operators (ENTSO), which would allow a more regulated development of the internal market in energy, and take adequate measures ensuring that a high level of consumer protection is met.

The Agency must have a key role in initiation, development, validation, implementation and enforcement of the market and technical codes for TSOs. Furthermore, it should be involved in specifying the scope and content of the European codes. The Agency should be given decision making powers, in order to share the responsibility with the TSOs for setting rules. The Agency should decide together with the Commission on eventual exemptions of new cross-border infrastructure from unbundling requirements.

The European Parliament should be able to scrutinize performance and functioning of the Agency.

The European Parliament should provide its approval for the selection, renewal or dismissal of the Director. The Director of the agency, the Administrative Board and the Board of Regulators should be accountable to the European Parliament. They should be present in the EP, on its request.

The Administrative Board should be solely responsible for management and accounting issues. The number of people sitting in Administrative Board should be reduced, as the quantity of twelve is not justified in comparison to the Board of Regulators and the entire staff of the agency. The Administrative Board should be composed of only people appointed by the Commission.

AMENDMENTS

The Committee on the Internal Market and Consumer Protection calls on the Committee on Industry, Research and Energy, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1 Proposal for a regulation Recital 7 a (new)
Text proposed by the Commission	Amendment
	(7a) The Agency should constantly monitor markets for market distortions, and inform the Commission, the European Parliament and national authorities where appropriate.
Justification
The Agency should not only be able to inform, but also to monitor and give early warnings to the European institutions and national authorities.
Amendment  2 Proposal for a regulation Recital 10
Text proposed by the Commission	Amendment
(10) The Agency should also be able to issue non-binding guidelines to assist regulatory authorities and market players in sharing good practices.	(10) The Agency should also be able to issue binding and non-binding guidelines to assist regulatory authorities and market players in sharing good practices, and should assist the Commission in the drafting of mandatory guidelines,
Justification
The competences of the Agency must be strengthened in order to make it an important player in defending consumer and stakeholder rights.
Amendment  3 Proposal for a regulation Recital 16
Text proposed by the Commission	Amendment
(16) The Agency should have highly professional staff. In particular, it should benefit from the competence and experience of staff seconded by the national regulatory authorities, the Commission and the Member States. The Staff Regulations of Officials of the European Communities, the regulations applicable to other servants of the European Communities and the rules adopted jointly by the European Community institutions for the purpose of applying these regulations should apply to the staff of the Agency. The Administrative Board, in agreement with the Commission, should adopt the necessary implementing measures.	(16) The Agency should have highly professional staff, exceptionally recruiting staff seconded by the national regulatory authorities. The Staff Regulations of Officials of the European Communities, the regulations applicable to other servants of the European Communities and the rules adopted jointly by the European Community institutions for the purpose of applying these regulations should apply to the staff of the Agency. The Administrative Board, in agreement with the Commission, should adopt the necessary implementing measures.
Justification
Excessive recruitment of staff seconded by national authorities and regulators would diminish the Agency's independence and should be resorted to only exceptionally.
Amendment  4 Proposal for a regulation Recital 18
Text proposed by the Commission	Amendment
(18) Participation of third countries in the work of the Agency should be possible in accordance with appropriate agreements to be concluded by the Community.	(18) Cooperation with third country energy regulators should be possible in accordance with appropriate agreements to be concluded by the Community.
Justification
It needs to be clear that third country participation is limited to cooperation projects with other energy regulators (not just any other foreign subject) and in any case not directly affecting the work of the Agency.
Amendment  5 Proposal for a regulation Recital 19 a (new)
Text proposed by the Commission	Amendment
	(19a) The Agency will be fully accountable to the European Parliament.
Justification
The European Parliament should be able to scrutinize the performance and functioning of the Agency.
Amendment  6 Proposal for a regulation Article 4
Text proposed by the Commission	Amendment
The Agency may:	The Agency shall:
(a) issue opinions addressed to transmission system operators;	(a) issue opinions and recommendations addressed to transmission system operators;
(b) issue opinions addressed to regulatory authorities;	(b) issue opinions and recommendations addressed to regulatory authorities;
(c) issue opinions and recommendations addressed to the Commission;	(c) issue opinions and recommendations addressed to the Commission;
(d) take individual decisions in specific cases referred to in Articles 7 and 8.	d) take individual decisions in the specific cases referred to in Articles 6, 7 and 8.
Justification
The Agency should be able to take binding decisions also in its tasks as regards the cooperation of Transmission System Operators, for the purpose of avoiding self-regulation.
Amendment  7 Proposal for a regulation Article 5
Text proposed by the Commission	Amendment
The Agency may, upon a request from the Commission or on its own initiative, provide an opinion to the Commission on all issues related to the purpose for which it has been established.	The Agency may, upon a request from the Commission or on its own initiative, provide an opinion or a recommendation to the Commission on all issues related to the purpose for which it has been established.
Justification
Follows from AM5 and AM6.
Amendment  8 Proposal for a regulation Article 6 ‑ paragraph 3
Text proposed by the Commission	Amendment
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.	3. The Agency shall approve codes and rules, including the 10-year investment plan, to ensure non-discrimination, effective competition and the efficient and secure functioning of the market.
Justification
The Agency needs to have full powers of coordination and approval of the proposals of the ENTSO.
Amendment  9 Proposal for a regulation Article 6 ‑ paragraph 3 a (new)
Text proposed by the Commission	Amendment
	3a. The Agency shall, on its own initiative or at the request of the Commission, advise the Commission in preparing strategic guidelines for ENTSOs for the preparation of codes and rules (including technical codes, common network operation tools and research plans, a biennial 10-year investment plan, including a generation adequacy outlook, and an annual work programme), as provided for in Article 2c(1)(a) and (c) of Regulation (EC) No 1228/2003 and Article 2c(1)(a) and (c) of Regulation (EC) No 1775/2005, including, where appropriate, for the adoption of mandatory guidelines. The Agency shall, on its own initiative or at the request of the Commission, advise the Commission in preparing market codes, including the adoption of mandatory guidelines.
Justification
The scope and depth of the proposed codes and rules –whether they apply to all transmission infrastructures or to interactions between existing national transmission networks- should be defined ex ante. Firstly, the Agency should provide advice to the Commission, upon request or on its own initiative, on the exact scope and depth of a code or rule within the areas specified in Article 2c (3) of the electricity and gas Regulation. Similarly, the high level objectives and the scope for the 10 year investment plan needs to be defined ex ante.
Amendment  10 Proposal for a regulation Article 6 ‑ paragraph 6 a (new)
Text proposed by the Commission	Amendment
	6a. The Agency shall consult extensively and at an early stage with market participants, consumers and end-users in an open and transparent manner, in particular with regard to its tasks vis-à-vis TSOs.
Justification
Public consultations at EU level are currently undertaken by the ERGEG. Therefore, the ACER should inherit this task as it has already well established rules and experience in carrying out public consultations. Moreover, the Agency, unlike the ENTSOs, is the body created to act in the interest of all market participants.
Amendment  11 Proposal for a regulation Article 6 - paragraph 6 a (new)
Text proposed by the Commission	Amendment
	6a. The Agency shall monitor the cross-border capacity calculations of TSOs and the actual (aggregate) use of the interconnection capacity between grids, and shall resolve problems of unfair, discriminatory or inefficient access across national borders.
Justification
Article 6 needs to be strengthened to ensure that The Agency has real powers to oversee cross-border trade and take action to remove any barriers to trade. Whether or not ENTSO is created, ACER should have direct powers to force individual TSOs to comply with its decisions. If ENTSO is created it would be essential that the powers and duties of ACER would need to further extended to match the activities of ENTSO
Amendment  12 Proposal for a regulation Article 6 - paragraph 6 b (new)
Text proposed by the Commission	Amendment
	6b. The Agency shall be able to impose effective sanctions if barriers to cross-border trade are not removed.
Justification
Article 6 needs to be strengthened to ensure that The Agency has real powers to oversee cross-border trade and take action to remove any barriers to trade. Whether or not ENTSO is created, ACER should have direct powers to force individual TSOs to comply with its decisions. If ENTSO is created it would be essential that the powers and duties of ACER would need to further extended to match the activities of ENTSO
Amendment  13 Proposal for a regulation Article 6 - paragraph 6 c (new)
Text proposed by the Commission	Amendment
	6c. The Agency shall be able to take binding decisions on all issues affecting access and use of connected transmission systems involving more than one Member State if joint agreement has not been reached by the relevant national regulatory authorities within six months of notification of an issue by a supplier or a TSO.
Justification
Article 6 needs to be strengthened to ensure that The Agency has real powers to oversee cross-border trade and take action to remove any barriers to trade. Whether or not ENTSO is created, ACER should have direct powers to force individual TSOs to comply with its decisions. If ENTSO is created it would be essential that the powers and duties of ACER would need to further extended to match the activities of ENTSO
Amendment  14 Proposal for a regulation Article 9 ‑ paragraph 1
Text proposed by the Commission	Amendment
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.	1. The Administrative Board shall be composed of six members appointed by the Commission. The term of office shall be five years, renewable once. The appointment of the Administrative Board shall be subject to a vote of approval by the European Parliament.
Justification
The European Parliament should be able to scrutinize the performance and functioning of the Agency. Therefore the Agency must be fully accountable to the Parliament.
Amendment  15 Proposal for a regulation Article 9 ‑ paragraph 3
Text proposed by the Commission	Amendment
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.	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 four times 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.
Justification
Four meetings a year would insure a better overview of the policies managed by the Agency and a more regular update of its work.
Amendment  16 Proposal for a regulation Article 9 ‑ paragraph 4
Text proposed by the Commission	Amendment
4. Decisions of the Administrative Board shall be adopted on the basis of a majority two-thirds majority of the members present.	4. Decisions of the Administrative Board shall be adopted on the basis of an absolute majority of the members present.
Justification
As the number of members of the Administrative Board should be reduced to 6 (AM14), the rules on voting must be clarified.
Amendment  17 Proposal for a regulation Article 9 ‑ paragraph 5 a (new)
Text proposed by the Commission	Amendment
	5a. The Administrative Board may be removed from office upon the proposal of the Commission and by a decision taken by the European Parliament. The European Parliament shall take its decision by absolute majority vote.
Justification
Follows from AM12
Amendment  18 Proposal for a regulation Article 9 - paragraph 5 a (new)
Text proposed by the Commission	Amendment
	5a. The members of the Administrative Board shall be independent of national governments.
Justification
The Agency should be as independent as possible. As the members of the Administrative Board are appointed by the Council and the Commission respectively, they can receive instructions from these institutions, but not from any particular Member State.
Amendment  19 Proposal for a regulation Article 10 ‑ paragraph -1 a (new)
Text proposed by the Commission	Amendment
	-1a. The Administrative Board shall be responsible for management and accounting issues only.
Justification
The division of tasks between the two boards should be clearer and the Administrative Board should have only managerial tasks in order to really give the Agency the necessary powers to perform the regulatory functions in an efficient and independent manner.
Amendment  20 Proposal for a regulation Article 10 ‑ paragraph 7 a (new)
Text proposed by the Commission	Amendment
	7a. The European Parliament may invite any member or members of the Administrative Board to make a statement before its competent committee and answer questions put by members of that committee.
Justification
The European Parliament should be able to scrutinize the performance and functioning of the Agency.
Amendment  21 Proposal for a regulation Article 11 ‑ paragraph 1
Text proposed by the Commission	Amendment
1. The Board 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. The national regulatory authorities shall nominate one alternate per Member State.	1. The Board 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 two non-voting representatives of the Commission in an advisory capacity. The national regulatory authorities shall nominate one alternate per Member State.
Justification
Follows from AM17
Amendment  22 Proposal for a regulation Article 12 ‑ paragraph 4a (new)
Text proposed by the Commission	Amendment
	4a. The European Parliament may invite any member or members of the Board of Regulators to make a statement before its competent committee and answer questions put by members of that committee.
Justification
Follows from AM16
Amendment  23 Proposal for a regulation Article 13 ‑ paragraph 2
Text proposed by the Commission	Amendment
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.	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 shall be requested to make a statement before the competent committee of the European Parliament and answer questions put by members of that committee. The appointment of the Director shall be subject to a vote of approval by the European Parliament.
Justification
Follows from AM17
Amendment  24 Proposal for a regulation Article 13 ‑ paragraph 5
Text proposed by the Commission	Amendment
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	5. The Administrative Board shall inform the European Parliament about its intention to extend the Director's term of office. Up to a month before the extension of his/her term of office, the Director shall make a statement before the competent committee of the European Parliament and answer questions put by members of that committee. The extension of the Director’s term of office shall be subject to a vote of approval by the European Parliament.
Justification
Follows from AM17
Amendment  25 Proposal for a regulation Article 13 ‑ paragraph 7
Text proposed by the Commission	Amendment
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.	7. The Director may be removed from office 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. The Director may also be removed from office by the European Parliament, after consulting the Board of Regulators. The European Parliament shall take its decision by absolute majority vote.
Justification
Follows from AM17
Amendment  26 Proposal for a regulation Article 14 ‑ paragraph 4 a (new)
Text proposed by the Commission	Amendment
	4a. The European Parliament may invite the Director to make a statement before its competent committee and answer questions put by members of that committee.
Justification
Follows from AM17
Amendment  27 Proposal for a regulation Article 15 ‑ paragraph 6 a (new)
Text proposed by the Commission	Amendment
	6a. The European Parliament may invite any member or members of the Board of Appeal to make a statement before its competent committee and answer questions put by members of that committee.
Justification
Follows from AM17
Amendment  28 Proposal for a regulation Article 25 ‑ paragraph 4
Text proposed by the Commission	Amendment
4. The Administrative Board may adopt provisions to allow national experts from Member States to be employed on secondment at the Agency.	4. The Administrative Board may adopt provisions to allow national experts from Member States to be employed on secondment at the Agency in exceptional cases.
Justification
Excessive recruitment of staff seconded by national authorities and regulators would diminish the Agency's independence and should be resorted to only exceptionally.
Amendment  29 Proposal for a regulation Article 28
Text proposed by the Commission	Amendment
28. The Agency shall be open to the participation of countries which are not members of the European Union and which have concluded agreements with the Community to this effect. Under the relevant provisions of these agreements, arrangements shall be made specifying, in particular, the nature, scope and procedural aspects of the involvement of these countries in the work of the Agency, including provisions relating to financial contributions and to staff.	28. The Agency shall be open to cooperation with energy regulators of countries which are not members of the European Union and which have concluded agreements with the Community to this effect. Under the relevant provisions of these agreements, arrangements shall be made specifying, in particular, the nature, scope and procedural aspects of the involvement of these third country energy regulators, including provisions relating to financial contributions and to staff.
Justification
Rephrasing. Clarification of the wording of the Article.

PROCEDURE

Title	Agency for the Cooperation of Energy Regulators
References	COM(2007)0530 – C6-0318/2007 – 2007/0197(COD)
Committee responsible	ITRE
Opinion by        Date announced in plenary	IMCO 11.10.2007
Drafts(wo)man        Date appointed	Gabriela Creţu 21.11.2007
Discussed in committee	22.1.2008		28.2.2008		2.4.2008
Date adopted	8.4.2008
Result of final vote	+: –: 0:	39 0 0
Members present for the final vote	Cristian Silviu Buşoi, Charlotte Cederschiöld, Gabriela Creţu, Mia De Vits, Janelly Fourtou, Vicente Miguel Garcés Ramón, Evelyne Gebhardt, Małgorzata Handzlik, Malcolm Harbour, Anna Hedh, Edit Herczog, Iliana Malinova Iotova, Pierre Jonckheer, Syed Kamall, Alexander Lambsdorff, Kurt Lechner, Lasse Lehtinen, Toine Manders, Arlene McCarthy, Nickolay Mladenov, Catherine Neris, Zita Pleštinská, Giovanni Rivera, Zuzana Roithová, Heide Rühle, Leopold Józef Rutowicz, Christel Schaldemose, Andreas Schwab, Eva-Britt Svensson, Marianne Thyssen, Jacques Toubon, Bernadette Vergnaud, Barbara Weiler, Marian Zlotea
Substitute(s) present for the final vote	Emmanouil Angelakas, Colm Burke, Giovanna Corda, Bert Doorn, Brigitte Fouré, Joel Hasse Ferreira, Bilyana Ilieva Raeva, Olle Schmidt, Bogusław Sonik, Janusz Wojciechowski

PROCEDURE

Title	Agency for the Cooperation of Energy Regulators
References	COM(2007)0530 – C6-0318/2007 – 2007/0197(COD)
Date submitted to Parliament	19.9.2007
Committee responsible        Date announced in plenary	ITRE 11.10.2007
Committee(s) asked for opinion(s)        Date announced in plenary	BUDG 11.10.2007		CONT 11.10.2007		ECON 11.10.2007		ENVI 11.10.2007
	IMCO 11.10.2007
Not delivering opinions        Date of decision	CONT 3.10.2007		ENVI 9.10.2007
Rapporteur(s)        Date appointed	Giles Chichester 21.4.2008
Previous rapporteur(s)	Renato Brunetta
Discussed in committee	21.11.2007		19.12.2007		23.1.2008		24.1.2008
	29.1.2008		27.2.2008		26.3.2008		6.5.2008
Date adopted	28.5.2008
Result of final vote	+: –: 0:	44 1 3
Members present for the final vote	Šarūnas Birutis, Jan Březina, Jerzy Buzek, Giles Chichester, Dragoş Florin David, Pilar del Castillo Vera, Den Dover, Lena Ek, Nicole Fontaine, Adam Gierek, Norbert Glante, Umberto Guidoni, András Gyürk, Fiona Hall, Erna Hennicot-Schoepges, Ján Hudacký, Romana Jordan Cizelj, Werner Langen, Anne Laperrouze, Eugenijus Maldeikis, Eluned Morgan, Angelika Niebler, Reino Paasilinna, Atanas Paparizov, Aldo Patriciello, Francisca Pleguezuelos Aguilar, Anni Podimata, Miloslav Ransdorf, Vladimír Remek, Herbert Reul, Teresa Riera Madurell, Patrizia Toia, Catherine Trautmann, Claude Turmes, Adina-Ioana Vălean, Alejo Vidal-Quadras
Substitute(s) present for the final vote	Gabriele Albertini, Ivo Belet, Danutė Budreikaitė, Manuel António dos Santos, Robert Goebbels, Satu Hassi, Edit Herczog, Pierre Pribetich, Bernhard Rapkay, Silvia-Adriana Ţicău
Substitute(s) under Rule 178(2) present for the final vote	Emmanouil Angelakas, Nicolae Vlad Popa