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Third Package Progress

Third Package Progress. GIE conference 24-10-08. Mark van Stiphout – DG TREN – C2 Internal market for electricity and gas. EUROPEAN COMMISSION. Content of the presentation. Remember 19 September 2007 Update on legislative process Discussions on the package Unbundling Agency Comitology

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Third Package Progress

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  1. Third Package Progress GIE conference 24-10-08 Mark van Stiphout – DG TREN – C2 Internal market for electricity and gas EUROPEANCOMMISSION

  2. Content of the presentation • Remember 19 September 2007 • Update on legislative process • Discussions on the package • Unbundling • Agency • Comitology • Other issues • The Parliament’s first reading • The Energy Council conclusions • Timing

  3. Legislative process • Council • Energy council conclusions of 6 June 2008 • Confirmed by European Council of 20 June 2008 • Energy Council of 10 October 2008 • Parliament • Plenary vote to conclude first reading • Electricity Directive Electricity Regulation and Agency Regulation on 18 June 2008 • Gas Directive and Gas Regulation on 9 July 2008

  4. Unbundling - Council • Third option: Independent transmission operator • TSO remains part of integrated undertaking but detailed rules ensure independence of TSO

  5. Unbundling - Parliament • Electricity: ownership unbundling is the only way • ISO and ITO are not a possibility • Gas: ownership unbundling and a type of independent transmission operator • Difference to ITO in the Council: Trustee • To guarantee the value of the TSO for the VIU • Appoints members of Supervisory Board that are not appointed by VIU • Veto on decisions that affect value of the networks assets • ISO is deleted • Review clause of the new option includes the obligation to analyse a EU-TSO

  6. Agency - Council • Relation between ENTSO and Agency is changed • Framework guidelines that define work for TSOs • Agency does not decide directly on Article 22 exemptions • Agency only decides when NRA‘s cannot agree within six months.

  7. Agency - Parliament • More powers for the Agency • Framework guidelines that define ENTSO work • Agency shall consult in drafting process • Agency can adopt codes • 10-year network investment plan of ENTSO is approved and made binding by the Agency • Impose penalties on TSOs • Not in line with Meroni judgement on delegation of discretionary powers of the Commission

  8. Guidelines and comitology - Council • Guidelines remain: • Certification • Cross-border regulatory cooperation • Record keeping • Article 22 exemptions • Guidelines deleted: • Public Service Obligations • DSO unbundling • Powers and duties of NRAs • Independence of TSOs • Retail markets

  9. Guidelines and comitology - Parliament • Parliament • Delete all comitology in Directives • Possibility to make guidelines through comitology remains for: • Network codes • Change of existing guidelines (first adoption through codecision)

  10. Other issues - Parliament • Special treatment of industrial grids • Negotiated TPA for LNG • Inclusion of criteria for negotiated TPA for storage • Three minus rule for storage and LNG • Balancing information for regulators only

  11. Other issues - Council • Entry-exit tarification to be implemented within 2 years • Possibility for confidential treatment of data, under strict conditions and NRA approval, in case of a single storage user

  12. Timing • Second reading of the Parliament will start at end of the year – deadline is three months • Council opinion on Parliament’s amendments – deadline is three months • Agreement in second reading !?

  13. Thank you for your attention For more information and the adopted texts: Commission: http://ec.europa.eu/energy/gas/index_en.htm Council: http://register.consilium.europa.eu/pdf/en/08/st14/st14145.en08.pdf http://register.consilium.europa.eu/pdf/en/08/st14/st14141.en08.pdf Parliament: http://register.consilium.europa.eu/pdf/en/08/st10/st10762.en08.pdf http://register.consilium.europa.eu/pdf/en/08/st11/st11412.en08.pdf

  14. Unbundling - Council • Detailed rules concern: • TSO has all assets and resources • Supervisory Board appoints day-to-day management • Regulatory oversight of supervisory board • Cooling-off and warm-up periods for ITO management • Compliance officer • NRA can force investments • NRA can impose fines up to 10% of annual turnover • Revision clause • Certification is done by NRA – Commission’s opinion to be taken into account

  15. Agency - Council • Changes to the organisation • Administrative Board: • 5 MS representatives instead of 6 • 1 Commission representative instead of 3 • Regulatory Board: • Regulatory board is stronger vis-à-vis Director • More powers in appointment or dismissal of Director

  16. Agency- Parliament • Organisation • Administrative board: • Parliament, Council and Commission all have 2 members • Parliament can dismiss members • Reporting obligation to EP (ITRE) • Regulatory Board • Decision making body in Agency • Weakening powers of Director and Administrative Board

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