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 network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2009-06-22
Institutions: European Commission
Subjects: cross-border transport, electrical energy, electricity supply, energy grid, market access, transport network

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 5.8.2009 
COM(2009) 317 final/2 

2007/0198/ COD 

CORRIGENDUM: 
Replaces COM(2009)317 of 22/06/2009. 
Concerns all linguistic versions. 

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 network for cross-border exchanges in electricity and 
repealing Regulation (EC) No 1228/2003 

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

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2007/0198/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 network for cross-border exchanges in electricity and 
repealing Regulation (EC) No 1228/2003 

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 

Procedure 

Proposal transmitted to the European Parliament and the Council 
(document COM(2007) 531 - 2007/0198/COD) on: 

19.09.2007 

European Economic and Social Committee opinion delivered on: 

22.04.2008 

Committee of the Regions opinion delivered on: 

10.04.2008 

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 

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3. 

PURPOSE OF THE 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; 

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. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

4.1. 

Amendments accepted by the Commission 

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  limited  strengthening  of  the  role  of  the  agency  in  the  process  of  making  codes  and 
guidelines  and  overseeing  the  work  of  the  European  Network  of  Transmission  Operators 
for Electricity (ENTSO-E), 

–  provisions strengthening of the role of the agency in the process of establishing a 10-year 

network development plan, and 

–  role of the ENTSO-E regarding third countries. 

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

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5. 

CONCLUSION 

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

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