(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 741)(1),

–   having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0644/2003),

–   having regard to Rule 67 of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, External Trade, Research and Energy (A5-0254/2004),

1.  Approves the Commission proposal as amended;

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

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

(1) Not yet published in OJ.

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the European Economic and Social Committee(2),

Having regard to the opinion of the Committee of the Regions(3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),

Whereas

(1)  Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC(5) has made a significant contribution towards the creation of an internal market for gas. It is now necessary to provide structural changes in the regulatory framework to tackle remaining barriers to the completion of the internal market, in particular regarding the trade of gas across borders and between transmission systems. Additional technical rules are necessary, in particular regarding tariff principles, transparency, congestion management and balancing.

(2)  The creation of a real internal gas market should be promoted through an increase in the number of market participants that are able to transport gas across borders, leading to an intensification of competition throughout the European Community.

(3)  Experience gained in the implementation and monitoring of a first set of Guidelines for Good Practice, adopted by the European Gas Regulatory Forum in 2002 demonstrates that in order to ensure the full implementation of these rules in all Member States, and to provide a minimum guarantee for equal market access in practice, it is necessary to provide that they become legally enforceable.

(4)  A second set of common rules, "the Second Guidelines for Good Practice" has been adopted at the meeting of the Forum on 24-25 September 2003. This Regulation should, therefore lay down, on the basis of those Guidelines basic principles and rules regarding network access and third party access services, congestion management, transparency, balancing and the trading of capacity rights.

(5)  In preparing guidelines pursuant to Article 9, prior to their formal presentation by the Commission it is important to ensure full consultation and collaboration with all relevant industrial bodies. The European Gas Regulatory Forum and the European Regulators Group are appropriate to ensure such consultation.

(6)  It is necessary to specify the criteria according to which charges for access to the network are determined, to ensure that they fully comply with the principle of non-discrimination and the needs of a well-functioning internal market and take fully into account the need for system integrity and reflect effectively incurred costs.

(7)  A common minimum set of third party access services - regarding notably for example the duration of transportation contracts offered and on a interruptible basis - is necessary to provide a common minimum standard of access in practice throughout the European Community and to ensure that third party access services are sufficiently compatible so as not to impede cross-border trade and to allow the benefits accruing from a well-functioning internal market for gas to be exploited.

(8)  The management of contractual congestion of networks in particular at cross-border points and other interconnections between transmission networks is an important issue in completing the internal gas market. It is necessary to develop common rules that balance the need to free up unused capacity in accordance with the "use-it-or-lose-it" principle with the rights of the holders of the capacity to use it when necessary, while at the same time enhancing liquidity of capacity.

(9)  Although physical congestion of networks is rarely a problem at present in the Community, it may become one in the future. It is important therefore to provide the basic principle for the allocation of congested capacity in such circumstances.

(10)  For network users to gain effective access to gas networks they need information in particular on technical requirements and available capacity to enable them exploiting business opportunities coming up in the framework of the internal market. Common minimum standards on such transparency requirements are necessary.

(11)  Non-discriminatory and transparent balancing systems for gas, operated by transmission system operators, are important mechanisms, particularly for new market entrants which may have more difficulty balancing their overall sales portfolio than companies already established within a relevant market. It is therefore necessary, to lay down rules ensuring that transmission system operators operate such mechanisms in a manner compatible with non-discriminatory, transparent and effective access conditions to the network.

(12)  The trading of primary rights to capacity is an important part of developing a competitive market and creating liquidity. This Regulation should therefore lay down basic rules on that issue.

(13)  National regulatory authorities should ensure compliance with the rules contained in this Regulation and the guidelines adopted pursuant to it.

(14)  In the guidelines annexed to the Regulation, specific detailed rules implementing these principles are defined, on the basis of the second Guidelines for Good Practice. These rules will need to evolve over time, and be implemented by further rules on issues such as the alleviation of contractual congestion. Thus, the Regulation needs to provide for the adoption of such new rules in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers assigned to the Commission(6).

(15)  The Member States and the competent national authorities should be required to provide relevant information to the Commission. Such information should be treated confidentially by the Commission. Where necessary, the Commission should have an opportunity to request relevant information directly from undertakings concerned, provided that the competent national authorities are informed.

(16)  This Regulation and the guidelines adopted in accordance with this Regulation shall be without prejudice of the application of the Community competition rules.

(17)  Since the objective of the proposed action, namely the setting of fair rules for access conditions to natural gas transmission systems, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and 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 this objective,

HAVE ADOPTED THIS REGULATION :

Article 1

Subject matter and scope

This Regulation aims at setting fair rules for access conditions to natural gas transmission systems to enable third party network users to move their gas from one transmission system to any other physically connected gas transmission system in the European Community, thus enhancing competition within the internal gas market. This shall involve principles for charges for access to the network, the definition of necessary services, harmonised principles for capacity allocation and congestion management, the determination of transparency requirements balancing and imbalance charges, and the need to facilitate secondary markets for capacity trading. This Regulation shall apply to transmission systems for which regulated third party access is required under Directive 2003/55/EC.

Article 2

Definitions

1.  For the purpose of this Regulation and of guidelines to be adopted pursuant to this Regulation, the following definitions shall apply:

2.  The definitions contained in Article 2 of Directive 2003/55/EC shall also apply.

Article 3

Charges for access to networks

1.  Charges or the methodologies used to calculate the charges applied by transmission system operators for access to networks shall be transparent, take into account the need for system integrity and reflect efficiently incurred costs, including appropriate return on investments, and where appropriate, national and international benchmarking of tariffs. The charges or the methodologies used to calculate the charges shall be applied in a non-discriminatory manner.

The charges shall facilitate efficient gas trade and competition, while at the same time avoiding cross-subsidies between network users and providing incentives for investment and maintaining or creating interoperability for transmission networks.

2.  Charges for network access shall not restrict market liquidity or distort trade across borders of different transmission systems. In the event of differences in tariff structures or balancing mechanisms hampering cross-border trade, TSOs shall actively pursue convergence of tariff structures and charging principles including in relation to balancing.

Article 4

Third Party Access services

1.  Transmission system operators shall seek to avoid any barriers to gas trade arising from the design or implementation of third party access services. Any existing barriers should be removed.

2.  Transmission system operators shall offer third party access services on the same contractual basis to all network users, either using standard transportation contracts or a common network code.

3.  Transmission system operators shall provide both firm and interruptible third party access services. The price of interruptible capacity shall reflect the probability of interruption.

4.  Transmission system operators shall offer to network users both long and short-term services.

5.  Transportation contracts signed outside of a natural gas year with non-standard start dates or with a shorter duration than a standard transportation contract on an annual basis shall not result in arbitrarily higher tariffs.

6.  Transmission system operators shall ensure interoperability between different systems inter alia by entering into both standardised interconnection agreements and standardised operational balancing agreements at any interface.

7.  For the purposes of the sale or allocation of services to third parties, any company holding monopoly long-term capacity rights shall have the same obligations as the transmission system operator of the pipeline for which those rights are held.

8.  Where appropriate, third party access services may be granted subject to appropriate guarantees from network users with respect to the creditworthiness of such users. Such guarantees must not constitute any undue market entry barriers and must be non-discriminatory, transparent and proportionate.

Article 5

Principles of Capacity allocation mechanisms and congestion management procedures

1.  The maximum capacity at all relevant points referred to in Article 6(4) shall be made available to market participants, taking into account system integrity and efficient network operation.

2.  Transmission system operators shall implement and publish non-discriminatory and transparent capacity allocation mechanisms, which should:

3.  When transmission system operators conclude new transportation contracts, these contracts shall take into account the following principles, which shall apply in cases of contractual congestion:

4.  When capacity contracted under existing transportation contracts remains unused, and in the event of prolonged and significant contractual congestion, transmission system operators shall, in consultation with the competent authorities, endeavour to free up this capacity, in order for the principles laid down in paragraph 3(a) and (b) to be applied.

5.  In the event that physical congestion exists, non-discriminatory, market-based solutions shall be applied.

Article 6

Transparency requirements

1.  Transmission system operators shall publish detailed information regarding the services they offer and the relevant conditions applied, together with the technical information necessary for network users to gain effective network access.

2.  In order to ensure transparent, objective and non-discriminatory tariffs and facilitate efficient utilisation of the gas network, TSOs or relevant national authorities should publish reasonably and sufficiently detailed information on tariff derivation, methodology and structure.

3.  For the services provided, transmission system operators shall publish, on a regular and rolling basis and in a user-friendly manner, information on technical, contracted and available capacities on a numerical basis for all relevant points or pipelines. These relevant points and pipelines shall include all connections with other transmission systems.

4.  Other relevant points of a transmission system for which information must be published shall be determined by national regulatory authorities after consultation with network users.

5.  Where a transmission system operator considers that he is not entitled for confidentiality reasons to publish all the data required, he shall seek the agreement of the national regulatory authority to limit publication for the point or points in question.

The national regulatory authority shall grant or refuse the agreement, taking into account the need to respect legitimate commercial confidentiality and the objective of creating a competitive internal gas market. If agreement is granted, available capacity shall be published without indicating the numerical data that would contravene confidentiality.

No exemption from the obligation to publish shall be possible where three or more network users have contracted capacity at the same point.

6.  Transmission system operators shall always disclose the information required by this Regulation in a meaningful, quantifiably clear and easily accessible way and on a non-discriminatory basis.

Article 7

Balancing and imbalance charges

1.  Balancing rules shall be designed in a fair, non-discriminatory, and transparent manner and shall be based on objective criteria. Balancing rules shall reflect genuine system needs taking into account the resources available to the transmission system operator.

2.  There must be no requirement on network users to balance their inputs and outputs over a shorter period than is possible by using a market based balancing system. In the transition to achieving this the national regulatory authority shall ensure that a non-market based balancing service is provided and facilitates new entry.

3.  In case of non-market based balancing systems, tolerance levels shall at least be designed in a way that reflects seasonality and the actual technical capabilities of the transmission system. Tolerance levels shall reflect genuine system needs taking into account the resources available to the transmission system operator.

4.  Balancing charges shall be broadly cost-reflective, whilst providing appropriate incentives on network users to balance their input and off-take of gas. They shall avoid cross-subsidisation between network users and shall not hamper the entry of new market entrants.

Balancing charges shall be published.

5.  Transmission system operators may collect penalties from network users whose input into and off-take from the transmission system is not in balance according to the balancing rules laid down in paragraph 1.

6.  Penalties which exceed the effectively incurred balancing costs shall be re-distributed to the network users on a non-discriminatory basis. The method for re-distributing those costs shall be approved by the relevant national authorities.

7.  Transmission system operators, provided that they have obtained or can be reasonably expected to obtain the relevant information, shall provide sufficient, well-timed and reliable on-line based information on the balancing status of network users that is necessary to enable network users to take timely corrective actions. Charges for the provision of such information shall be approved by the national regulatory authority and published.

The level of information provided shall reflect the level of information available to transmission system operators.

8.  Member States shall ensure that transmission system operators harmonise balancing regimes and streamline structures and levels of balancing charges in order to facilitate gas trade.

Article 8

Secondary markets

Transmission system operators shall consult with network users to allow and facilitate capacity rights to be freely tradable between registered network users in a secondary market. They shall develop standardised transportation contracts and procedures on the primary market to facilitate secondary trade of capacity and recognised the transfer of primary capacity rights where notified by network users.

Article 9

Guidelines

1.  Where appropriate, guidelines providing the minimum degree of harmonisation required to achieve the aim of this Regulation shall specify:

2.  Guidelines on the issues listed in paragraph 1(b), (c) and (d) shall be laid down in the Annex. They shall be amended by the Commission in accordance with the procedure referred to in Article 14(3).

3.  The Commission shall, in accordance with the procedure referred to in Article 14(3), and no later than one year after the entry into force of this Regulation, adopt guidelines on the issues listed in paragraph 1(a), (e) and (f).

Article 10

Regulatory authorities

When carrying out their responsibilities under this Regulation, the regulatory authorities of the Member States shall ensure compliance with this Regulation and the guidelines adopted pursuant to Article 9.

Where appropriate they shall cooperate with each other and with the Commission.

Article 11

Provision of information and confidentiality

1.  Member States and the regulatory authorities shall, on request, provide to the Commission all information necessary for the purposes of Article 9.

The Commission shall fix a reasonable time limit within which the information is to be provided, taking into account the complexity of the information required and the urgency with which the information is needed.

2.  If the Member State or the regulatory authority concerned does not provide this information within the given time-limit pursuant to paragraph 1, the Commission may request all information necessary for the purpose of Article 9 directly from the undertakings concerned.

When sending a request for information to an undertaking, the Commission shall at the same time forward a copy of the request to the regulatory authorities of the Member State in whose territory the seat of the undertaking is situated.

In its request for information, the Commission shall state the legal basis of the request, the time limit within which the information is to be provided, the purpose of the request and also the penalties provided for in Article 13(2) for supplying incorrect, incomplete or misleading information. The Commission shall fix a reasonable time limit taking into account the complexity of the information required and the urgency with which the information is needed.

3.  Where an undertaking does not provide the information requested within the time-limit fixed by the Commission or supplies incomplete information, the Commission may by decision require the information to be provided. The decision shall specify what information is required and fix an appropriate time-limit within which it is to be supplied. It shall indicate the penalties provided for in Article 13(2).

The Commission shall at the same time send a copy of its decision to the regulatory authorities of the Member State within the territory of which the residence of the person or the seat of the undertaking is situated.

4.  The Commission shall use the information collected pursuant to this Regulation only for the purposes of Article 9.

Article 12

Right of Member States to provide for more detailed measures

This regulation shall be without prejudice to the rights of Member States to maintain or introduce measures that contain more detailed provisions than those set out in this Regulation and the guidelines referred to in Article 9.

Article 13

Penalties

1.  Without prejudice to paragraph 2, the Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify the Commission of those provisions by 1 July 2005 at the latest and shall notify it without delay of any subsequent amendment affecting them.

2.  The Commission may by decision impose on undertakings fines not exceeding 1% of the total turnover in the preceding business year where, intentionally or negligently, they supply incorrect, incomplete or misleading information in response to a request made pursuant to Article 11(2) or fail to supply information within the time-limit fixed by a decision adopted pursuant to the first subparagraph of Article 11(3).

In setting the amount of a fine, regard shall be had to the gravity of the failure to comply with the requirements of the first subparagraph.

3.  Penalties provided for pursuant to paragraph 1 and decisions taken pursuant to paragraph 2 shall not be of a criminal law nature.

Article 14

Committee

1.  The Commission shall be assisted by the Committee set up by Article 13 of Regulation (EC) No 1228/2003 of the European Parliament and the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity(7).

2.  The Committee shall consult with and take due consideration of the views of transmission system operators, network users and gas consumers.

3.  Where reference is made to this paragraph, Article 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

Article 15

Commission Report

The Commission shall monitor the implementation of this Regulation. It shall submit to the European Parliament and the Council no more than three years after the entry into force of this Regulation a report on the experience gained in its application. In particular the report shall examine to what extent the Regulation has been successful in ensuring non-discriminatory and cost-reflective network access conditions for gas transmission networks in order to contribute to customer choice in a well functioning internal market and to long-term security of supply. The report shall be drawn up pursuant to the reporting requirement set out in Directive 2003/55/EC, and may where necessary be accompanied by appropriate proposals and/or recommendations.

Article 16

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 July 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States. No Member State shall be exempted from its obligations except by an amendment of this Regulation.

Done at , […]

For the European Parliament For the Council

The President The President

Annex

Guidelines on

third party access services,

Principles underlying capacity allocation mechanism and congestion management procedures and the application of congestion management procedures in case of contractual congestion, and

the definition of the technical information necessary for network users to gain effective access to the system and the definition of all relevant points for transparency requirements, including the information to be published at all relevant points and the time schedule according to which this information shall be published

1.  Third Party Access Services

(1)  Transmission system operators shall offer firm and interruptible services down to a minimum period of one day.

(2)  Standard transportation contracts and common network code shall be designed in a manner that facilitates trading and re-utilisation of capacity contracted by network users without hampering capacity release.

(3)  The development of network codes and standard contracts must be done by proper consultation with network users and transmission system operators.

(4)  Transmission system operators shall implement standardised nomination and re-nomination procedures and units of measurement, once agreed within EASEE-gas. They shall develop information systems and electronic communication means to provide adequate data to network users and to simplify transactions, such as nominations, capacity contracting and transfer of capacity rights between network users.

(5)  Transmission system operators shall harmonise formalised request procedures and response times according to best industry practice with the aim of minimising response times. They shall provide for on-line screen based capacity booking and confirmation systems, nominations and re-nominations procedures agreed within EASEE-gas no later than 1 July 2005.

(6)  Transmission system operators shall not separately charge network users for information requests and transactions associated with their transportation contracts and which are carried out according to standard rules and procedures.

(7)  Information requests that require extraordinary or excessive expenses such as feasibility studies may be charged separately, provided the charges can be duly substantiated.

(8)  Transmission system operators shall co-operate with other transmission system operators in co-ordinating the maintenance of their respective networks in order to minimise any disruption of transmission services to network users and transmission system operators in other areas and in order to ensure equal benefits with respect to security of supply including in relation to transit.

(9)  Transmission system operators shall publish at least once a year, by a predetermined deadline, all planned maintenance periods that might affect network users" right from transportation contracts and corresponding operational information with adequate advance notice. This shall include publishing on a prompt and non-discriminatory basis any changes to planned maintenance periods and notification of un-planned maintenance, as soon as that information becomes available to the TSO. During maintenance periods, TSOs shall publish regularly updated information on the details of and expected duration and effect of the maintenance.

(10)  Transmission system operators shall maintain and make available to the regulatory authority upon request a daily log of the actual maintenance and flow disruptions that have occurred. Information shall also be made available on request to those affected by any disruption.

2.  Principles underlying capacity allocation mechanism and congestion management procedures and Application of congestion management procedures in case of contractual congestion

2.1  Principles underlying capacity allocation mechanism and congestion management procedures

(1)  Capacity allocation mechanism and congestion management procedures shall facilitate the development of competition and liquid trading of capacity and shall be compatible with market mechanisms including spot markets and trading hubs. They shall be flexible and capable of adapting to evolving market circumstances.

(2)  These mechanisms and procedures may take into account the integrity of the system concerned as well as security of supply.

(3)  These mechanisms and procedures shall neither hamper the entry of new market participants nor create undue barriers to enter the market. They shall not prevent market participants, including new market entrants and companies with a small market share, from competing effectively.

(4)  These mechanisms and procedures shall provide appropriate economic signals for efficient and maximum use of technical capacity and facilitate investment in new infrastructure.

(5)  Network users shall be advised about the type of circumstance that could affect the availability of contracted capacity. Information on interruption should reflect the level of information available to the TSO.

(6)  If difficulties in meeting contractual delivery obligations arise for reasons of system integrity, TSOs should notify network users and seek a non-discriminatory solution without delay. TSOs shall consult network users regarding procedures prior to their implementation and agree them with the regulatory authority.

2.2  Congestion management procedures in case of contractual congestion

(1)  In the event that contracted capacity goes un-used, transmission system operators shall make this capacity available on the primary market on an interruptible basis via contracts of differing duration, as long as this capacity is not offered by the relevant network user (capacity holder) on the secondary market at a reasonable price.

(2)  Revenues from released interruptible capacity shall be split according to rules laid down by the relevant regulatory authority. These rules shall be compatible with the requirement of an effective and efficient use of the system.

(3)  A reasonable price for released interruptible capacity may be determined by the relevant regulatory authorities taking into account the specific circumstances prevailing.

(4)  Transmission system operators shall make reasonable endeavours to offer at least parts of the unused capacity to the market as firm capacity.

3.  Definition of the technical information necessary for network users to gain effective access to the system and the definition of all relevant points for transparency requirements, including the information to be published at all relevant points and the time schedule according to which this information shall be published

3.1  Definition of the technical information necessary for network users to gain effective access to the system

Transmission system operators shall publish in national language(s) and at the same time in English at least the following information about their systems and services:

(a)  A detailed and comprehensive description of the different services offered and their charges;

(b)  The different types of transportation contracts available for these services and as applicable, the network code and/or the standard conditions outlining the rights and responsibilities for all network users including standard transportation contracts and other relevant documents;

(c)  The standard procedures applied when using the transmission system including the definition of key terms;

(d)  Provisions on capacity allocation, congestion management and anti-hoarding and re-utilisation procedures;

(e)  The rules applicable for capacity trade on the secondary market vis-à-vis the transmission system operator;

(f)  If applicable, the flexibility and tolerance levels included in transportation and other services without separate charge and as well as any flexibility offered in addition to this and the corresponding charges;

(g)  A detailed description of the gas system of the transmission system operator indicating all relevant points interconnecting its system with that of other transmission system operators and/or gas infrastructure such as LNG and infrastructure necessary for providing ancillary services as defined by Article 2, point 14 of Directive 2003/55/EC;

(h)  Information on gas quality and pressure requirements;

(i)  The rules applicable for connection to the system operated by the TSO;

(j)  Any information on proposed and/or actual changes to the services or conditions, including the items listed in points a) to i).

3.2  Definition of all relevant points for transparency requirements

Relevant points shall include at least:

(a)  All entry points to a network operated by a transmission system operator

(b)  The most important exit points covering at least 50% of total exit capacity of the network of a given transmission system operator

(c)  All points connecting different networks of transmission system operators

(d)  All points connecting the network of a transmission system operator with an LNG terminal

(e)  All essential points within the network of a given transmission system operator including points connecting to gas hubs. All points are considered essential which, based on experience, are likely to experience physical congestion.

(f)  All points connecting the network of a given transmission system operator to infrastructure necessary for providing ancillary services as defined by Article 2(14) of Directive 2003/55/EC.

3.3  Information to be published at all relevant points and the time schedule according to which this information should be published

(1)  At all relevant points, transmission system operators shall publish the following information about the capacity situation down to daily periods on the Internet on a regular/rolling basis and in a user-friendly standardised manner:

(2)  For all relevant points, transmission system operators shall publish available capacities for a period of at least 18 months ahead and shall update this information at least every month or more frequently, if new information becomes available.

(3)  Transmission system operators shall publish daily updates of availability of short-term services (day-ahead and-week ahead) based, inter alia, on nominations, prevailing contractual commitments and regular long-term forecasts of available capacities on an annual basis for up to 10 years for all relevant points.

(4)  Published capacities should not require further confirmation.

(5)  Transmission system operators shall publish historical maximum and minimum monthly capacity utilisation rates and annual average flows at all relevant points for the past three years on a rolling basis.

(6)  Transmission system operators shall keep a daily log of actual aggregated flows for three months.

(7)  Transmission system operators shall keep effective records of all capacity contracts and all other relevant information in relation to calculating and providing access to available capacities, to which relevant national authorities shall have access to fulfil their duties.

(8)  Transmission system operators shall provide user-friendly instruments for calculating tariffs for the services available and for verifying on-line the capacity available.

(9)  Where transmission system operators are unable to publish information in accordance to paragraph 1, 3 and 8, they shall consult with their relevant national authorities and set up an Action Plan for implementation as soon as possible, but not later than 31 December 2005 at the latest.

(1) OJ C […], […], p. […]. (2) OJ C […], […], p. […]. (3) OJ C […], […], p. […]. (4) Position of the European Parliament of 20 April 2004. (5) OJ L 176, 15.7.2003, p. 57. (6) OJ L 184, 17.7.1999, p. 23. (7) OJ L 176 of 15.7.2003, p. 1.