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 establishing an Agency for the Cooperation of Energy Regulators amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2009-06-22
Institutions: European Commission
Subjects: EU office or agency, energy grid, energy transport, operation of the Institutions

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.6.2009 
COM(2009)312 final 

2007/0197/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 establishing an Agency for 
the Cooperation of Energy Regulators 

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

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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 establishing an Agency for 
the Cooperation of Energy Regulators 

1. 

BACKGROUND 

Procedure 

Proposal transmitted to the European Parliament and the Council 
(document COM(2007) 530 - 2007/0197/COD) on: 

19.09.2007 

European Economic and Social Committee opinion delivered on: 

22.04.08 

Committee of the Regions opinion delivered on: 

10.04.08 

European Parliament opinion (first reading) delivered on: 

18.06.2008 

Common position adopted by unanimity on: 

09.01.2009 

European Parliament position (second reading)  

22.04.2009 

2. 

OBJECTIVE OF THE COMMISSION PROPOSAL 

This  proposal  is  part  of  the  third  legislative  package  for  an  internal  EU  gas  and  electricity 
market ("Third Package"), which includes two Directives and three Regulations. 

The main objective of the package is to put in place the regulatory framework needed to make 
market opening fully effective and create a single EU gas and electricity market in the interest 
of the citizens and of the industry of the European Union. This will help to keep prices as low 
as possible and increase standards of service and security of supply. 

This is done through the following main measures: 

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more effective regulatory oversight by independent national regulators; 

establishment  of  an  Agency  to  ensure  effective  cooperation  between  national 
regulators and take decisions on all relevant cross-border issues; 

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compulsory cooperation between network operators to harmonise all rules relating to 
the transport of energy across Europe and to coordinate investment planning; 

effective unbundling of the generation and transmission of energy so as to eliminate 
any conflict of interests, promote network investment and prevent any discriminatory 
behaviour; 

increased transparency and better functioning of the retail market; 

increased  solidarity  and  regional  cooperation  between  Member  States  to  ensure 
greater security of supply. 

3. 

COMMISSION COMMENTS 

3.1 

General 

At  its  Plenary  Session  of  22  April  2009,  the  European  Parliament  adopted  a  compromise 
package  which  had  been  agreed  with  the  Council  in  view  of  reaching  a  second  reading 
agreement. 

These amendments concern essentially: 

The competences of the Agency regarding  

•  Monitoring  progress  in  the  implementation  of  projects  to  create  new  interconnector 

capacity; 

•  Contributing to the implementation of TEN-E guidelines; 

•  Monitoring competences regarding internal markets in electricity and natural gas in general 
and  retail  prices,  access  to  the  network  and  compliance  with  consumers'  rights  in 
particular.  

The organisation of the Agency regarding 

•  Two  members  of  the  Administrative  Board  shall  be  nominated  by  the  EP,  two  by  the 

Commission and five by the Council; 

•  The EP may invite the chairman of the Board of Regulators to make a statement before its 

competent committee. 

The Commission accepts the compromise package as it is in line with the overall purpose and 
the general characteristics of the proposal. 

3.2 

Amended Proposal 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its Proposal as set out 
above. 

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