Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Regulation of the European Parliament and of the Council on conditions for access to the natural gas transmission networks amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2005-04-13
Institutions: European Commission
Subjects: energy grid, energy policy, energy supply, natural gas, pipeline transport

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.4.2005 
COM(2005) 157 final 

2003/0302 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

on conditions for access to the natural gas transmission networks 

AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the 
EC Treaty 

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2003/0302 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

on conditions for access to the natural gas transmission networks 

1. 

INTRODUCTION 

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is 
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second 
reading.  The  Commission  sets  out  its  opinion  below  on  the  amendments  proposed  by 
Parliament.  

2. 

BACKGROUND 

Date of transmission of the proposal to the EP and the Council 
(document COM(2003) 741 final – 2003/0302 (COD)): 

12 December 2003 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

2 June 2004. 

Date of the opinion of the European Parliament, first reading: 

20 April 2004. 

Date of adoption of the common position 

12 November 2004 
(unanimity). 

Date of European Parliament opinion, second reading 

8 March 2005 

3. 

PURPOSE OF THE PROPOSAL 

The  proposal  represents  a  complementary  measure  to  Directive  2003/55/EC  concerning 
common rules for the internal market in natural gas and repealing Directive 98/30/EC. It aims 
at setting minimum requirements for conditions for access to the gas transmission networks. 

Experience, among others gathered by the EU Gas Regulatory Forum in Madrid, has shown 
that  qualitative  market  opening  is  as  important  as  quantitative  market  opening.  While 
Directive 2003/55/EC will fully open the market not later than July 2007, access conditions 
for Third Parties to the network in Member States are far from providing a level playing field. 

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Both Directive 2003/55/EC and the proposed Regulation acknowledge the crucial importance 
of  Third  Party  Access  as  the  principal  tool  to  open  the  market  and  introduce  competition. 
However,  while  the  Directive  only  defines  the  objectives,  the  Regulation  aims  at  certain 
minimum requirements to be met with respect to this key element of the Directive, i.e. access 
conditions to the transmission network. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

4.1. 

Amendments accepted by the Commission 

The Commission can accept all nine amendments adopted by the European Parliament in full. 
They  are  the  result  of  a  compromise  agreement  reached  between  the  European  Parliament, 
Council  and  Commission  during  the  second  reading.  The  amendments  are  in  line  with  the 
Commission’s  objectives  for  the  proposal  and  maintain  the  balance  of  interests  achieved  in 
the common position. 

The substance of the amendments can be described as follows: 

•  Four  Parliamentary  amendments  concern  the  costs  to  be  taken  into  account  when 
establishing  transmission  tariffs  or  imbalance  charges.  They  reinforce  the  text  of  the 
Common Position by referring to actual costs incurred, “insofar as such costs correspond to 
those  of  an  efficient  and  structurally  comparable  network  operator”.  Such  a  concept  is 
already part of the acquis communautaire. 

•  One amendment defines imbalance charges to be cost reflective to the extent possible.  

•  The remaining four amendments represent helpful clarifications. 

5. 

CONCLUSION 

Pursuant to Article 251(2) of the EC Treaty, the Commission amends its proposal as set out 
above. 

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