Proposal for a REGULATION ON THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Union Agency for the Cooperation of Energy Regulators (recast) - Main contents

Document date	12-06-2018
Publication date	13-06-2018
Reference	9754/18
From	General Secretariat of the Council
External link	original article
Original document in PDF

Council of the European Union

Brussels, 12 June 2018 (OR. en)

9754/18

Interinstitutional File: 2016/0378 (COD) i

ENER 220 CODEC 968

NOTE

From: General Secretariat of the Council

To: Delegations

No. Cion doc.: 15149/1/16 ENER 419 IA 134 CODEC 1815 REV 1

• + 

  ADD 1 REV 1

Subject: Proposal for a REGULATION ON THE EUROPEAN PARLIAMENT AND

OF THE COUNCIL establishing a European Union Agency for the Cooperation of Energy Regulators (recast)

Delegations will find in the Annex the four column document concerning the abovementioned

proposal.

______________________

ANNEX

Proposal for REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Union Agency for the Cooperation of

Energy Regulators (recast)

COMISSION PROPOSAL EP PLENARY TEXT COUNCIL GENERAL Compromise proposals

(COD 2016/0378 - doc. 15149/1/16 APPROACH (doc.9478/18)

REV 1 +ADD1REV1)

THE EUROPEAN PARLIAMENT THE EUROPEAN PARLIAMENT

AND THE COUNCIL OF THE AND THE COUNCIL OF THE

EUROPEAN UNION, EUROPEAN UNION,

Having regard to the Treaty on the Having regard to the Treaty on the

Functioning of the European Union, Functioning of the European Union , and in particular Article 194(2) and in particular Article 194(2) thereof, thereof,

Having regard to the proposal from the Having regard to the proposal from the

European Commission, European Commission,

After transmission of the draft After transmission of the draft legislative act to the national legislative act to the national parliaments, parliaments,

Having regard to the opinion of the Having regard to the opinion of the

European Economic and Social European Economic and Social

Committee, Committee,

Having regard to the opinion of the Having regard to the opinion of the

Committee of the Regions, Committee of the Regions,

Acting in accordance with the ordinary Acting in accordance with the ordinary legislative procedure , legislative procedure ,

Whereas: Whereas:

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• (1) 

  Regulation (EC) No 713/2009 i of (1) Regulation (EC) No 713/2009 i of the European Parliament and of the the European Parliament and of the Council 1 has been substantially Council 1 has been substantially amended. Since further amendments amended. Since further amendments are to be made, that Regulation should are to be made, that Regulation should be recast in the interest of clarity. be recast in the interest of clarity.

• (2) 

  The creation of the Agency has (2) The creation of the Agency has manifestly improved coordination manifestly improved coordination between regulators on cross-border between regulators on cross-border issues. Since its creation, the Agency issues. Since its creation, the Agency has received new important tasks has received new important tasks concerning the monitoring of concerning the monitoring of wholesale markets under Regulation wholesale markets under Regulation (EU) No 1227/2011 i of the European (EU) No 1227/2011 of the European Parliament and of the Council 2 and in Parliament and of the Council 2 and in the field of cross-border energy the field of cross-border energy infrastructure under Regulation (EU) infrastructure under Regulation (EU) No 347/2013 i of the European No 347/2013 of the European

Parliament and Council 3 . Parliament and Council 3 .

1 Regulation (EC) No 713/2009 i of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy

Regulators (OJ L 211, 14.8.2009, p. 1)

2 Regulation (EU) No 1227/2011 i of the European Parliament and of the Council of 25 October 2011on wholesale energy market integrity and transparency

(OJ L 326, 8.12.2011, p. 1).

3 Regulation (EU) No 347/2013 i of the European Parliament and Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009 i, (EC) No 714/2009 i and (EC) No 715/2009 (OJ L 115, 25.4.2013, p. 39).

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• (3) 

  It is projected that the need for (3) It is projected that the need for coordination of national regulatory coordination of national regulatory actions will increase further in the actions will increase further in the coming years. Europe's energy system coming years. Europe's energy system is in the middle of its most profound is in the middle of its most profound change in decades. More market change in decades. More market integration and the change towards integration and the change towards more variable electricity production more variable electricity production requires increased efforts to coordinate requires increased efforts to coordinate national energy policies with national energy policies with neighbours and to use the opportunities neighbours and to use the opportunities of cross-border electricity trade. of cross-border electricity trade.

• 4) 

  Experience with the (4) Experience with the implementation of internal market implementation of internal market rules has shown that uncoordinated rules has shown that uncoordinated national action can lead to severe national action can lead to severe problems for the market, notably in problems for the market, notably in closely interconnected areas where closely interconnected areas where decisions of Member States often have decisions of Member States often have a tangible impact on their neighbours. a tangible impact on their neighbours. To achieve the positive effects of the To achieve the positive effects of the internal electricity market for internal electricity market for consumer welfare, security of supply consumer welfare, security of supply and decarbonisation Member States, and decarbonisation Member States, and in particular independent national and in particular independent national regulators, are required to cooperate on regulators, are required to cooperate on those regulatory measures which have those regulatory measures which have a cross-border effect. a cross-border effect.

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• (5) 

  Fragmented national state (5) Fragmented national state interventions in energy markets interventions in energy markets constitute an increasing risk to the constitute an increasing risk to the proper functioning of cross-border proper functioning of cross-border electricity markets. The Agency should electricity markets. The Agency should therefore be given a role in the therefore be given a role in the development of a coordinated development of a coordinated

European resource adequacy European resource adequacy assessment, in close cooperation with assessment, in close cooperation with the European Network of Transmission the European Network of Transmission System Operators for Electricity System Operators for Electricity

("ENTSO for Electricity"), in order to ("ENTSO for Electricity"), in order to avoid the problems of fragmented avoid the problems of fragmented national assessments which follow national assessments which follow different uncoordinated methods and different uncoordinated methods and do not sufficiently take into account do not sufficiently take into account the situation in neighbouring countries. the situation in neighbouring countries. The Agency should also supervise the The Agency should also supervise the technical parameters developed by the technical parameters developed by the ENTSO for Electricity for an efficient ENTSO for Electricity for an efficient participation of cross-border capacities participation of cross-border capacities and other technical features of capacity and other technical features of capacity mechanisms. mechanisms.

AM 1 (5a) (new) Despite significant progress in integrating and interconnecting the internal electricity market, some Member States or regions still remain isolated or not sufficiently interconnected. This is particularly the case with regard to insular Member States and Member States located in the periphery. The Agency in its work should take account of the specific situation of

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those Member States or regions as appropriate.

• (6) 

  Security of electricity supply (6) Security of electricity supply requires a coordinated approach to requires a coordinated approach to prepare against unexpected supply prepare against unexpected supply crises. The Agency should therefore crises. The Agency should therefore coordinate national actions related to coordinate national actions related to risk preparedness, in line with [Risk risk preparedness, in line with [Risk Preparedness Regulation as proposed Preparedness Regulation as proposed by COM(2016) 862 i]. by COM(2016) 862 i].

• (7) 

  Due to the close interconnection AM 2 (7) Due to the close interconnection of the Union electricity grid and the (7) Due to the close interconnection of the Union electricity grid and the increasing need to cooperate with of the Union electricity grid and the increasing need to cooperate with neighbouring countries to maintain increasing need to cooperate with neighbouring countries to maintain grid stability and integrate large neighbouring countries to maintain grid stability and integrate large volumes of renewable energies, grid stability and integrate large volumes of renewable energies, [] regional operational centres will play volumes of renewable energies, Regional Security Coordinators will an important role for the coordination regional coordination centres will play play an important role for the of transmission system operators. The an important role for the coordination coordination of transmission system Agency should guarantee regulatory of transmission system operators. The operators. The Agency should oversight over the regional operational Agency should guarantee regulatory guarantee regulatory oversight over the centres where necessary. oversight over the regional [] Regional Security Coordinators

  coordination centres and monitor where necessary. their performance and compliance with relevant Union law.

• (8) 

  As large parts of new electricity AM 3 (8) As large parts of new electricity generation will be connected at local (8) As large parts of new electricity generation will be connected at local level, distribution system operators generation will be connected at local level, distribution system operators will play an important role when it level, distribution system operators will play an important role when it comes to operating the European will play an important role when it comes to operating the European electricity system in a flexible and comes to operating the European electricity system in a flexible and efficient manner. electricity system in a flexible and efficient manner.

  efficient manner. As the Commission considers the establishment of a

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Union-level body in order to enhance cooperation between transmission system operators and distribution system operators (DSOs), and to develop further guidance and codes on DSO issues, it is necessary to give the Agency certain regulatory oversight powers over such a body.

• (9) 

  Member States should (9) Member States should cooperate cooperate closely, eliminating closely, eliminating obstacles to crossobstacles to cross-border exchanges of border exchanges of electricity and electricity and natural gas with a view natural gas with a view to achieving to achieving the objectives of the the objectives of the Union energy

Union energy policy. A European policy. A European Union Agency for

Union Agency for the Cooperation of the Cooperation of Energy Regulators

Energy Regulators (the Agency) was (the Agency) was established by established by Regulation (EC) No Regulation (EC) No 713/2009 i in order 713/2009 in order to fill the regulatory to fill the regulatory gap at Union level gap at Union level and to contribute and to contribute towards the effective towards the effective functioning of the functioning of the internal markets in internal markets in electricity and electricity and natural gas. The Agency natural gas. The Agency enables enables national regulatory authorities national regulatory authorities to to enhance their cooperation at Union enhance their cooperation at Union level and participate, on a mutual level and participate, on a mutual basis, in the exercise of Union -related basis, in the exercise of Union -related functions. functions.

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• (10) 

  The Agency should ensure that AM 4 (10) The Agency should ensure that regulatory functions performed by the (10) The Agency should ensure that regulatory functions performed by the national regulatory authorities in regulatory functions performed by the national regulatory authorities in accordance with [the recast Electricity national regulatory authorities in accordance with [the recast Electricity Directive as proposed by COM(2016) accordance with [the recast Electricity Directive as proposed by COM(2016) 864 i/2] and Directive 2009/73/EC i of Directive as proposed by COM(2016) 864 i/2] and Directive 2009/73/EC i of the European Parliament and of the 864/2] and Directive 2009/73/EC i of the European Parliament and of the Council are properly coordinated and, the European Parliament and of the Council are properly coordinated and, where necessary, completed at Union Council 30 are properly coordinated where necessary, completed at Union level. To that end, it is necessary to and, where necessary, completed at level. To that end, it is necessary to guarantee the independence of the Union level. To that end, it is guarantee the independence of the

Agency from electricity and gas necessary to guarantee the Agency from electricity and gas producers, transmission and independence of the Agency from producers, transmission and distribution system operators, whether electricity and gas producers, distribution system operators, whether public or private, and consumers and to transmission and distribution system public or private, and consumers and to ensure the conformity of its actions operators, whether public or private, ensure the conformity of its actions with Union law, its technical and and consumers and to ensure the with Union law, its technical and regulatory capacities and its conformity of its actions with Union regulatory capacities and its transparency, amenability to law, its technical and regulatory transparency, amenability to democratic control and efficiency. capacities and its transparency, democratic control and efficiency.

amenability to democratic control, including accountability to the European Parliament and efficiency.

• (11) 

  The Agency should monitor AM 5 (11) The Agency should monitor regional cooperation between (11) The Agency should monitor regional cooperation between transmission system operators in the regional cooperation between transmission system operators in the electricity and gas sectors as well as transmission system operators in the electricity and gas sectors as well as the execution of the tasks of the electricity and gas sectors as well as the execution of the tasks of the

ENTSO for Electricity, and the the execution of the tasks of the ENTSO for Electricity, and the

European Network of Transmission European Network of Transmission European Network of Transmission

System Operators for Gas ("ENTSO System Operators for Electricity System Operators for Gas ("ENTSO for Gas"). The Agency should also (ENTSO for Electricity), and the for Gas"). The Agency should also monitor the implementation of the European Network of Transmission monitor the implementation of the tasks of other entities with regulated System Operators for Gas (ENTSO for tasks of other entities with regulated functions of Union-wide dimension, Gas) and play a role in ensuring functions of Union-wide dimension,

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such as energy exchanges. The compliance with Union law. The such as energy exchanges. The involvement of the Agency is essential Agency should also monitor the involvement of the Agency is essential in order to ensure that the cooperation implementation of the tasks of other in order to ensure that the cooperation between transmission system operators entities with regulated functions of between transmission system operators and the operation of other entities with Union-wide dimension, such as energy and the operation of other entities with Union-wide functions proceeds in an exchanges. The involvement of the Union-wide functions proceeds in an efficient and transparent way for the Agency is essential in order to ensure efficient and transparent way for the benefit of the internal markets in that the cooperation between benefit of the internal markets in electricity and natural gas. transmission system operators and the electricity and natural gas.

operation of other entities with Unionwide functions proceeds in an efficient and transparent way for the benefit of the internal markets in electricity and natural gas. The Agency should be able to request and to receive, from the ENTSO for Electricity and the ENTSO for Gas, information necessary for the fulfilment of its tasks. AM 6 (11 a) (new) With the expansion of the operational responsibilities of the ENTSO for Electricity, the ENTSO for Gas, the EU entity of Distribution System Operators (the “EU DSO entity”) and the regional cooperation centres, it is necessary to enhance oversight of such entities operating at regional or Union-wide level. In exceptional circumstances, in order to safeguard the proper functioning of the internal energy market, ACER should be able to adopt decisions addressed to such entities to ensure that they comply with their obligations certain energy law.

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• (12) 

  The Agency should monitor, in (12) The Agency should monitor, in cooperation with the Commission, the cooperation with the Commission, the Member States and relevant national Member States and relevant national authorities, the internal markets in authorities, the internal markets in electricity and natural gas and inform electricity and natural gas and inform the European Parliament, the the European Parliament, the

Commission and national authorities of Commission and national authorities of its findings where appropriate. Those its findings where appropriate. Those monitoring tasks of the Agency should monitoring tasks of the Agency should not duplicate or hamper monitoring by not duplicate or hamper monitoring by the Commission or national authorities, the Commission or national authorities, in particular national competition in particular national competition authorities. authorities.

• (13) 

  The Agency provides an AM 7 (13) The Agency provides an integrated framework which enables (13) The Agency provides an integrated framework which enables national regulatory authorities to integrated framework which enables national regulatory authorities to participate and cooperate. That national regulatory authorities to participate and cooperate. That framework facilitates the uniform participate and cooperate. That framework facilitates the uniform application of the legislation on the framework facilitates the uniform application of the legislation on the internal markets in electricity and application of the legislation on the internal markets in electricity and natural gas throughout the Union. As internal markets in electricity and natural gas throughout the Union . As regards situations concerning more natural gas throughout the Union. As regards situations concerning more than one Member State, the Agency regards situations concerning more than one Member State, the Agency has been granted the power to adopt than one Member State, the Agency has been granted the power to adopt individual decisions. That power has been granted the power to adopt individual decisions. That power should under clearly specified individual decisions. That power should under clearly specified conditions cover technical and should under clearly specified conditions cover technical and regulatory issues which require conditions cover technical and regulatory issues which require regional coordination, notably regulatory issues which require regional coordination , notably concerning the implementation of regional coordination , notably concerning the implementation of network codes and guidelines, concerning the implementation of network codes and guidelines, cooperation within regional network codes and guidelines, cooperation within [] Regional operational centres, the regulatory cooperation within regional Security Coordinators, the regulatory decisions necessary to effectively coordination centres, the regulatory decisions necessary to effectively monitor wholesale market integrity and decisions necessary to effectively monitor wholesale market integrity and

ANNEX DGE 2B EN

transparency, decisions concerning monitor wholesale market integrity and transparency, decisions concerning electricity and natural gas transparency, decisions concerning electricity and natural gas infrastructure that connects or that electricity and natural gas infrastructure that connects or that might connect at least two Member infrastructure that connects or that might connect at least two Member States and, as a last resort, exemptions might connect at least two Member States and, as a last resort, exemptions from the internal market rules for new States and, as a last resort, exemptions from the internal market rules for new electricity interconnectors and new gas from the internal market rules for new electricity interconnectors and new gas infrastructure located in more than one electricity interconnectors and new gas infrastructure located in more than one Member State. infrastructure located in more than one Member State. Regarding regulatory

Member State. The Agency should tasks involving decisions conferred

also have the capacity to provide to at least two national regulatory

operational assistance to the national authorities or the Agency, under the

regulatory authorities. The national network codes and Guidelines

regulatory authorities should provide pursuant to Articles 55 to 57 of

the Agency with the information [recast Electricity Regulation as

relevant to the Agency’s monitoring proposed by COM(2016) 861 i/2] or

activities. pursuant to Art. 8 (6) of Regulation

(EC) No 715/2009/EC, a procedure

guaranteeing an adequate

involvement of Member States in the

development of network codes and

guidelines by the adoption of

implementing acts pursuant to

Article 5 of Regulation (EU) No

182/2011 of the European

Parliament and the Council is a

prerequisite for granting these

decisions rights to the national

regulatory authorities or Agency.

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• (14) 

  The Agency has an important AM 8 (14) The Agency has an important role in developing framework (14) The Agency has an important role in developing framework guidelines which are non-binding by role in developing framework guidelines which are non-binding by nature ("framework guidelines"). guidelines which are non-binding by nature ("framework guidelines").

Network codes should be in line with nature ("framework guidelines"). Network codes should be in line with those framework guidelines. It is also Network codes should be in line with those framework guidelines . It is also considered appropriate for the Agency, those framework guidelines. It is also considered appropriate for the Agency, and consistent with its purpose, to have considered appropriate for the Agency, and consistent with its purpose, to have a role in reviewing draft network codes and consistent with its purpose, to have a role in reviewing draft network codes to ensure that they are in line with the a role in reviewing and amending to ensure that they are in line with the framework guidelines and provide for draft network codes to ensure that they framework guidelines and provide for the necessary degree of harmonisation, are in line with the framework the necessary degree of harmonisation before it submits them to the guidelines and provide for the , before it submits them to the

Commission for adoption. necessary degree of harmonisation, Commission for adoption. before it submits them to the

Commission for adoption. (15) With the adoption of a set of AM 9 (15) With the adoption of a set of network codes and guidelines which (15) With the adoption of a set of network codes and guidelines which provide for a stepwise implementation network codes and guidelines which provide for a stepwise implementation and a further refinement of common provide for a stepwise implementation and a further refinement of common regional and Union-wide rules, the role and a further refinement of common regional and Union-wide rules, the role of the Agency in monitoring the regional and Union-wide rules, the role of the Agency in monitoring the implementation of the network codes of the Agency in monitoring and implementation of the network codes and guidelines has increased. Effective ensuring the implementation of the and guidelines has increased. Effective monitoring of network codes and network codes and guidelines has monitoring of network codes and guidelines is a key function of the increased. Effective monitoring of guidelines is a key function of the Agency and crucial for the network codes and guidelines is a key Agency and crucial for the implementation of internal market function of the Agency and crucial for implementation of internal market rules. the implementation of internal market rules.

rules.

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• (16) 

  From experience with the (16) From experience with the implementation of network codes and implementation of network codes and guidelines it has emerged that it is guidelines it has emerged that it is useful to streamline the procedure for useful to streamline the procedure for the regulatory approval of regional or the regulatory approval of regional or Union-wide terms and conditions or Union-wide terms and conditions or methodologies to be developed under methodologies to be developed under the guidelines and network codes by the guidelines and network codes by submitting them directly to the Agency submitting them directly to the Agency in order for national regulators, in order for national regulators, represented in the Board of Regulators, represented in the Board of Regulators, to be able to decide upon them. to be able to decide upon them. (17) Since the stepwise AM 10 (17) Since the stepwise harmonisation of the Union energy (17) Since the stepwise harmonisation of the Union energy markets involves finding regional harmonisation of the Union energy markets involves finding regional solutions regularly as an interim step, it markets involves finding regional solutions regularly as an interim step is appropriate to reflect the regional solutions regularly as an interim step, it and many methods are developed by dimension of the internal market and to is appropriate to reflect the regional a limited number of regulatory provide for appropriate governance dimension of the internal market and to authorities for a specific region, it is mechanisms. Regulators responsible provide for appropriate governance appropriate to reflect the regional for coordinated regional approvals mechanisms. Decisions on proposals dimension of the internal market and to should be able to prepare Board of for joint regional terms and conditions provide for appropriate governance Regulators decisions on issues of or methodologies should therefore be mechanisms. [] regional relevance in a regional taken by the competent regulatory subcommittee of the Board of authorities of the region concerned Regulators, unless those issues are of unless those decisions have a tangible general importance for the Union. impact on the internal energy market.

  Decisions on issues which have significant relevance beyond the region concerned should be taken by the Agency.

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• (18) 

  Since the Agency has an (18) Since the Agency has an overview of the national regulatory overview of the national regulatory authorities, it should have an advisory authorities, it should have an advisory role towards the Commission, other role towards the Commission, other Union institutions and national Union institutions and national regulatory authorities as regards the regulatory authorities as regards the issues relating to the purpose for which issues relating to the purpose for which it was established. It should also be it was established. It should also be required to inform the Commission required to inform the Commission where it finds that the cooperation where it finds that the cooperation between transmission system operators between transmission system operators does not produce the results which are does not produce the results which are needed or that a national regulatory needed or that a national regulatory authority whose decision is not in authority whose decision is not in compliance with the Guidelines does compliance with the Guidelines does not implement the opinion, not implement the opinion, recommendation or decision of the recommendation or decision of the Agency appropriately. Agency appropriately. (19) The Agency should also be able (19) The Agency should also be able to make recommendations to assist to make recommendations to assist regulatory authorities and market regulatory authorities and market players in sharing good practices. players in sharing good practices. (20) The Agency should consult AM 11 (20) The Agency should consult interested parties, where appropriate, (20) The Agency must consult interested parties, where appropriate, and provide them with a reasonable interested parties, where appropriate, and provide them with a reasonable opportunity to comment on proposed and provide them with a reasonable opportunity to comment on proposed measures, such as network codes and opportunity to comment on all measures, such as network codes and rules. proposed measures. rules.

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• (21) 

  The Agency should contribute to (21) The Agency should contribute to the implementation of the guidelines the implementation of the guidelines on trans-European energy networks as on trans-European energy networks as laid down in Regulation (EU) laid down in Regulation (EU) No No 347/2013 i of the European 347/2013 of the European Parliament Parliament and of the Council 1 , in and of the Council 1 , in particular particular when providing its opinion when providing its opinion on the nonon the non-binding Union -wide tenbinding Union -wide ten-year network year network development plans development plans ( Union -wide (Union -wide network development network development plans) in plans) in accordance with Article 4 (3) accordance with Article 4 (3) of this of this Regulation. Regulation (22) The Agency should contribute to AM 12 (22) The Agency should contribute to the efforts of enhancing energy (22) The Agency should contribute to the efforts of enhancing energy security. the efforts of enhancing energy security.

  security and meeting the climate objectives of the Union. As an executive body, it should abide by the strategic energy and climate agenda determined by the Union’s policymaking institutions. (22a) The Agency may, in specific clearly defined circumstances, adopt individual decisions on issues strictly related to the purpose for which it has been established.

1 Regulation (EU) No 347/2013 i of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009 i, (EC) No 714/2009 i and (EC) No 715/2009 (OJ L 115, 25.4.2013, p. 39).

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• (23) 

  In order to ensure that the (23) In order to ensure that the

Agency's framework is efficient and Agency's framework is efficient and coherent with other decentralised coherent with other decentralised agencies, the rules governing the agencies, the rules governing the Agency should be aligned to the Agency should be aligned to the Common Approach agreed between Common Approach agreed between the European Parliament, the Council the European Parliament, the Council of the EU and the European of the EU and the European Commission on decentralised Commission on decentralised agencies 1 . However, insofar as agencies 1 . However, insofar as necessary, the structure of the Agency necessary, the structure of the Agency should be adapted to meet the specific should be adapted to meet the specific needs of energy regulation. In needs of energy regulation. In particular, the specific role of the particular, the specific role of the national regulatory authorities needs to national regulatory authorities needs to be taken fully into account and their be taken fully into account and their independence guaranteed. independence guaranteed. (24) Additional changes to the (24) Additional changes to the present Regulation may be envisaged present Regulation may be envisaged in the future in order to bring the in the future in order to bring the Regulation fully in line with the Regulation fully in line with the Common Approach on decentralised Common Approach on decentralised agencies. Based on the current needs of agencies. Based on the current needs of energy regulation, deviations from the energy regulation, deviations from the Common Approach are necessary. This Common Approach are necessary. This proposal therefore does not prejudge proposal therefore does not prejudge any further amendments to the any further amendments to the Founding Regulation of the Agency Founding Regulation of the Agency which the Commission may wish to which the Commission may wish to propose following further evaluation, propose following further evaluation, as provided for in this act or on its own as provided for in this act or on its own initiative. initiative.

1 Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralised agencies of 19.7.2012.

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• (25) 

  The Administrative Board (25) The Administrative Board should have the necessary powers to should have the necessary powers to establish the budget, check its establish the budget, check its implementation, draw up internal rules, implementation, draw up internal rules, adopt financial regulations and appoint adopt financial regulations and appoint a Director. A rotation system should be a Director. A rotation system should be used for the renewal of the members of used for the renewal of the members of the Administrative Board who are the Administrative Board who are appointed by the Council so as to appointed by the Council so as to ensure a balanced participation of ensure a balanced participation of Member States over time. The Member States over time. The Administrative Board should act Administrative Board should act independently and objectively in the independently and objectively in the public interest and should not seek or public interest and should not seek or follow political instructions. follow political instructions. (26) The Agency should have the AM 13 (26) The Agency should have the necessary powers to perform its (26) The Agency should have the necessary powers to perform its regulatory functions in an efficient, necessary powers to perform its regulatory functions in an efficient, transparent, reasoned and, above all, regulatory functions in an efficient, transparent, reasoned and, above all, independent manner. The transparent, reasoned and, above all, independent manner. The independence of the Agency from independent manner. The independence of the Agency from electricity and gas producers and independence of the Agency from electricity and gas producers and transmission and distribution system electricity and gas producers and transmission and distribution system operators is not only a key principle of transmission and distribution system operators is not only a key principle of good governance but also a operators as well as other good governance but also a fundamental condition to ensure organisations promoting the interests fundamental condition to ensure market confidence. Without prejudice of national regulators is not only a market confidence. Without prejudice to its members’ acting on behalf of key principle of good governance but to its members’ acting on behalf of their respective national authorities, the also a fundamental condition to ensure their respective national authorities, Board of Regulators should therefore market confidence. Without prejudice the Board of Regulators should act independently from any market to its members’ acting on behalf of therefore act independently from any interest, should avoid conflicts of their respective national authorities, the market interest, should avoid conflicts interests and should not seek or follow Board of Regulators should therefore of interests and should not seek or instructions or accept act independently from any market follow instructions or accept recommendations from a government interest, should avoid conflicts of recommendations from a government

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of a Member State, from Union interests and should not seek or follow of a Member State, from Union institutions or another public or private instructions or accept institutions or another public or private entity or person. The decisions of the recommendations from a government entity or person . The decisions of the Board of Regulators should, at the of a Member State, from Union Board of Regulators should, at the same time, comply with Union law institutions or another public or private same time, comply with Union law concerning energy, such as the internal entity or person. The decisions of the concerning energy, such as the internal energy market, the environment and Board of Regulators should, at the energy market, the environment and competition. The Board of Regulators same time, comply with Union law competition. The Board of Regulators should report its opinions, concerning energy, such as the internal should report its opinions, recommendations and decisions to the energy market, the environment and recommendations and decisions to the Union institutions competition. The Board of Regulators Union institutions.

should report its opinions, recommendations and decisions to the Union institutions. The Agency’s decisions should be binding, while its opinions and recommendations should be given the utmost consideration by the ENTSO for Electricity, the ENTSO for Gas, the EU DSO entity, the transmission system operators, the regional operational centres and nominated electricity market operators.

• (27) 

  Where the Agency has decision(27) Where the Agency has decisionmaking powers, interested parties making powers, interested parties should, for reasons of procedural should, for reasons of procedural economy, be granted a right of appeal economy, be granted a right of appeal to a Board of Appeal, which should be to a Board of Appeal, which should be part of the Agency, but independent part of the Agency, but independent from its administrative and regulatory from its administrative and regulatory structure. In order to guarantee its structure. In order to guarantee its functioning and full independence, the functioning and full independence, the Board of Appeal should have a Board of Appeal should have a separate budget line in the budget of separate budget line in the budget of the Agency. In the interest of the Agency. In the interest of

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continuity, the appointment or renewal continuity, the appointment or renewal of the members of the Board of Appeal of the members of the Board of Appeal should allow for partial replacement of should allow for partial replacement of the members of the Board of Appeal. the members of the Board of Appeal. The decisions of the Board of Appeal The decisions of the Board of Appeal can be subject to appeal before the can be subject to appeal before the Court of Justice of the European Court of Justice of the European Union. Union. (28) The Agency should exercise its AM 14 (28) The Agency should exercise its decision-making powers in line with (28) The Agency should exercise its decision-making powers in line with the principles of fair, transparent and decision-making powers in line with the principles of fair, transparent and reasonable decision-making. All the principles of fair, transparent and reasonable decision-making. All procedural rules of the Agency should reasonable decision-making. All procedural rules of the Agency should be laid down in its rules of procedures procedures of the Agency should be laid down in its rules of procedures.

follow adequate rules of procedure. All procedural rules of the Agency should be laid down in its rules of procedures.

• (29) 

  The Agency should be mainly AM 15 (29) The Agency should be mainly financed from the general budget of (29) The Agency should be properly financed from the general budget of the Union, by fees and by voluntary resourced to carry out its tasks. The the Union, by fees and [] by voluntary contributions. In particular, the Agency should be mainly financed contributions. In particular, fees resources currently pooled by from the general budget of the Union, should cover the costs of the Agency regulatory authorities for their by fees and by voluntary contributions. for services provided to market cooperation at Union level should In particular, there sources currently participants or entities acting on continue to be available to the Agency. pooled by regulatory authorities for their behalf enabling them to report The Union budgetary procedure should their cooperation at Union level should data pursuant to Article 8 of remain applicable as far as any continue to be available to the Agency. Regulation (EU) 1227/2011 i in an subsidies chargeable to the general The Agency should have the efficient, effective and safe manner. budget of the Union are concerned. possibility to collect fees for certain of The resources currently pooled by Moreover, the auditing of accounts its activities. The Union budgetary regulatory authorities for their should be undertaken by an procedure should remain applicable as cooperation at Union level should independent external auditor in far as any subsidies chargeable to the continue to be available to the Agency. accordance with Article 107 general budget of the Union are The Union budgetary procedure should of Commission Delegated Regulation concerned. Moreover, the auditing of remain applicable as far as any

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(EU) No 1271/20131 1 . accounts should be undertaken by an subsidies chargeable to the general independent external auditor in budget of the Union are concerned. accordance with Article 107 of Moreover, the auditing of accounts Commission Delegated Regulation should be undertaken by an

(EU) No1271/2013 1 . independent external auditor in accordance with Article 107 of Commission Delegated Regulation (EU) No 1271/2013 i 1 .

AM 16 (29a) (new) The Agency's budget should be prepared in accordance with the principle of performancebased budgeting, taking into account its objectives and the expected results of its tasks.

• (30) 

  The Agency's budget should be AM 17 (30) The Agency's budget should be assessed by the budgetary authority on (30) The Agency's budget should be assessed by the budgetary authority on an ongoing basis, with reference to the assessed by the budgetary authority on an ongoing basis, with reference to the Agency’s workload and performance. an ongoing basis, with reference to the Agency’s workload and performance. The budgetary authority should ensure Agency’s workload, performance and The budgetary authority should ensure that the best standards of efficiency are the objective of working towards a that the best standards of efficiency are met internal energy market and met.

  contributing to energy security for the benefit of consumers in the Union. The budgetary authority should ensure that the best standards of efficiency are met.

1 Commission Delegated Regulation (EU) No 1271/2013 i of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42).

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• (31) 

  The Agency should have highly (31) The Agency should have highly professional staff. In particular, it professional staff. In particular, it should benefit from the competence should benefit from the competence and experience of staff seconded by and experience of staff seconded by the national regulatory authorities, the the national regulatory authorities, the Commission and the Member States. Commission and the Member States. The Staff Regulations of Officials of The Staff Regulations of Officials of the European Communities ("the Staff the European Communities ("the Staff Regulations") and the Conditions of Regulations") and the Conditions of employment of other servants of the employment of other servants of the European Communities ("the European Communities ("the Conditions of Employment"), laid Conditions of Employment"), laid down in Regulation (EEC, Euratom, down in Regulation (EEC, Euratom, ECSC) No 259/68 1 and the rules ECSC) No 259/68 1 and the rules adopted jointly by the Union adopted jointly by the Union institutions for the purpose of applying institutions for the purpose of applying those regulations should apply to the those regulations should apply to the staff of the Agency. The staff of the Agency. The Administrative Board, in agreement Administrative Board, in agreement with the Commission, should adopt with the Commission, should adopt appropriate implementing rules. appropriate implementing rules (32) The regulatory work of the (32) The regulatory work of the Director and the Board of Regulators Director and the Board of Regulators pursuant to this Regulation, may be pursuant to this Regulation, may be supported by working groups. supported by working groups.

1 Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of

Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968, p. 1).

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• (33) 

  The Agency should apply the (33) The Agency should apply the general rules regarding public access to general rules regarding public access to documents held by Union bodies. The documents held by Union bodies. The Administrative Board should establish Administrative Board should establish the practical measures to protect the practical measures to protect commercially sensitive data and commercially sensitive data and personal data. personal data. (34) Through the cooperation of AM 18 (34) Through the cooperation of national regulators within the Agency (34) Through the cooperation of national regulators within the Agency it is evident that majority decisions are national regulators within the Agency it is evident that majority decisions are a key pre-requisite to achieve progress it is evident that majority decisions are a key pre-requisite to achieve progress on matters concerning the internal a key pre-requisite to achieve progress on matters concerning the internal energy market which have significant on matters concerning the internal energy market which have significant economic effects in various Member energy market which have significant economic effects in various Member States. National regulators should economic effects in various Member States. National regulators should therefore vote with simple majority States. National regulators should therefore continue to vote with [] twowithin the Board of Regulators. therefore vote by a two-thirds majority thirds majority within the Board of

  within the Board of Regulators. The Regulators. The Agency should be Agency should be accountable to the accountable to the European European Parliament, the Council Parliament, the Council and the and the Commission, as appropriate. Commission.

• (35) 

  Countries which are not (35) Countries which are not members of the Union should be able members of the Union should be able to participate in the work of the to participate in the work of the Agency in accordance with appropriate Agency in accordance with appropriate agreements to be concluded by the agreements to be concluded by the Union. Union. (37) Since the objectives of this (37) Since the objectives of this Regulation, namely the participation Regulation, namely the participation and cooperation of national regulatory and cooperation of national regulatory authorities at Union level, cannot be authorities at Union level, cannot be sufficiently achieved by the Member sufficiently achieved by the Member States and can therefore be better States and can therefore be better achieved at Union level, the Union achieved at Union level, the Union may adopt measures, in accordance may adopt measures, in accordance

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with the principle of subsidiarity as set with the principle of subsidiarity as set out in Article 5 of the Treaty on out in Article 5 of the Treaty on European Union. In accordance with European Union . In accordance with the principle of proportionality, as set the principle of proportionality, as set out in that Article, this Regulation does out in that Article, this Regulation does not go beyond what is necessary in not go beyond what is necessary in order to achieve those objectives. order to achieve those objectives.

AM 19 (37a) The seat of the Agency is (37a) (new) Decision 2009/913/EU situated in Ljubljana as provided by taken by common agreement between Decision 2009/913/EU taken by the representatives of the common agreement between the governments of Member States 1α Representatives of the Governments provides that the Agency is to have its of Member States on 7 December seat in Ljubljana, Slovenia. Agency’s 2009. seat is the centre of its activities and its statutory functions. Thus, the meetings of the statutory organs should take place at the seat.

• (38) 

  The Agency’s host Member AM 20 (38) The Agency’s host Member

State should provide the best possible (38) The Seat Agreement between State should provide the best possible conditions to ensure the smooth and the Government of the Republic of conditions to ensure the smooth and efficient functioning of the Agency, Slovenia and the Agency was efficient functioning of the Agency, including multilingual, Europeanconcluded on 26 November 2010 and including multilingual, Europeanoriented schooling and appropriate entered into force on 10 January 2011 oriented schooling and appropriate transport connections. and other specific arrangements fulfil transport connections as required by

the requirements of Regulations (EU) Regulations (EU) No 713/2009 i and No 713/2009 and 863/2016. 863/2016. The Seat Agreement between the Government of the Republic of Slovenia and the Agency for the Cooperation of Energy Regulators which fulfils these requirements together with its

1α Decision 2009/913/EU taken by common agreement between the representatives of the governments of Member States of 7 December 2009 on the location of the seat of the Agency for the Cooperation of Energy Regulators (OJ L 322, 9.12.2009, p. 39).

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implementing arrangements, was concluded on 26 November 2010 and entered into force on 10 January 2011.

AM 21 (38a) (new) The Agency should encourage and facilitate cooperation between the national regulatory authorities across sectors, where relevant, especially in the field of data protection and privacy.

HAVE ADOPTED THIS HAVE ADOPTED THIS

REGULATION: REGULATION:

CHAPTER I OBJECTIVES AND TASKS

Article 1 Establishment and objectives 1. This Regulation establishes a 1. This Regulation establishes a European Union Agency for the European Union Agency for the Cooperation of Energy Regulators Cooperation of Energy Regulators ("the Agency"). ("the Agency"). 2. The purpose of the Agency shall AM 22 2. The purpose of the Agency shall be to assist the regulatory authorities 2. The purpose of the Agency shall be to assist the regulatory authorities referred to in Article 57 of [the recast be to assist the regulatory authorities referred to in Article 57 of [the recast Electricity Directive as proposed by referred to in Article 57 of [the recast Electricity Directive as proposed by COM(2016) 864 i/2] and Article 39 of Electricity Directive as proposed by COM(2016) 864 i/2] and Article 39 of Directive 2009/73/EC i of the European COM(2016) 864 i/2] and Article 39 of Directive 2009/73/EC i of the European Parliament and of the Council in Directive 2009/73/EC i of the European Parliament and of the Council in exercising, at Union level, the Parliament and of the Council in exercising, at Union level, the regulatory tasks performed in the exercising, at Union level, the regulatory tasks performed in the Member States and, where necessary, regulatory tasks performed in the Member States and, where necessary, to coordinate their action. Member States and, where necessary, to coordinate their action.

to coordinate their action, mediate and settle disagreements between them as well as contribute to the establishment

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of high-quality common regulatory and supervisory practices, ensuring the consistent, efficient and effective application of Union legal acts in order to achieve the Union’s climate and energy goals. AM 23 2a. (new) When carrying out its tasks, the Agency shall act independently and objectively and in the interest of the Union alone. The Agency shall take autonomous decisions, independently from private and corporate interests and have separate annual budget allocations, with autonomy in the implementation of the allocated budget, and adequate human and financial resources to carry out its duties effectively. Article 2 Type of acts of the Agency

The Agency shall: The Agency shall:

(a) issue opinions and AM 24 recommendations addressed to (a) issue opinions and (a) issue opinions and transmission system operators, recommendations addressed to recommendations addressed to regional operational centres and transmission system operators, the transmission system operators, nominated electricity market operators; ENTSO for Electricity, the ENTSO ENTSO-E, ENTSO-G, the EU-DSO

for Gas, the EU DSO entity, the Entity, [] Regional Security regional coordination centres and Coordinators and nominated nominated electricity market operators; electricity market operators;

(b) issue opinions and (b) issue opinions and recommendations addressed to recommendations addressed to regulatory authorities; regulatory authorities;

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(c) issue opinions and (c) issue opinions and recommendations addressed to the recommendations addressed to the European Parliament, the Council, or European Parliament, the Council, or the Commission; the Commission;

(d) take individual decisions in the AM 25 (d) take individual decisions in the specific cases referred to in Articles 6, (d) take decisions in the specific specific cases referred to in Articles [] 8, and 11 of this Regulation, cases referred to in this Regulation; 5(2), (2a) and (2b) on terms and

conditions or methodologies regarding network codes and guidelines, Article 5(3) on bidding zones review, Article 6(8) on arbitration between regulators, Article 8(2)(a) on the configuration of system operation regions, Article 10(1) on proposals for methodologies, calculations and technical specifications related to the European resource adequacy assessment and cross-border participation in capacity mechanisms, 10(2) on methodologies related to the [Risk Preparedness Regulation as proposed by COM(2106 862], Article 11 on exemption decisions, Article 12 on tasks related to infrastructure pursuant to Regulation (EU) No 347/2013 i and Article 13 on tasks related to market supervision pursuant to Regulations (EU) No 1227/2011 and Regulation (EU) No 1348/2014;

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(a) submit to the Commission non(e) submit to the Commission nonbinding framework guidelines binding framework guidelines ("framework guidelines") in ("framework guidelines") in accordance with Article 55 of [recast accordance with Article 55 of [recast Electricity Regulation as proposed by Electricity Regulation as proposed by COM(2016) 861 i/2]] and Article 6 of COM(2016) 861 i/2] ] and Article 6 of Regulation (EC) No 715/2009 i of the Regulation (EC) No 715/2009 i of the European Parliament and of the European Parliament and of the Council 1 . Council 1 .

AM 26 1a. (new) The ENTSO for Electricity, the ENTSO for Gas, the EU DSO entity, the transmission system operators, the regional coordination centres and nominated electricity market operators shall give the utmost consideration to, and make every effort to comply with, the Agency’s opinions and recommendations addressed to them pursuant to this Regulation.

1 Regulation (EC) No 715/2009 i of the European Parliament and the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 i (OJ L 211, 14.8.2009, p. 36).

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Article 3 General tasks The Agency may, upon a request of the The Agency may, upon a request of the European Parliament, the Council or European Parliament, the Council or the Commission, or on its own the Commission, or on its own initiative, provide an opinion or a initiative, provide an opinion or a recommendation to the European recommendation to the European Parliament, the Council and the Parliament, the Council and the Commission on any of the issues Commission on any of the issues relating to the purpose for which it has relating to the purpose for which it has been established. been established.

Article 4 Tasks of the Agency as regards the AM 27 Tasks of the Agency as regards the cooperation of transmission system Tasks of the Agency as regards the cooperation of transmission system

operators cooperation of transmission and operators and electricity distribution distribution system operators system operators

• 1. 

  The Agency shall provide an AM 28 1. The Agency shall provide an opinion to the Commission on the draft 1. The Agency shall provide an opinion to the Commission on the draft statutes, list of members and draft rules opinion to the Commission on the draft statutes, list of members and draft rules of procedure of the ENTSO for statutes, list of members and draft rules of procedure of the ENTSO for Electricity in accordance with Article of procedure of the ENTSO for Electricity in accordance with Article 26(2) of [OP: recast Electricity Electricity in accordance with Article 26(2) of [OP: recast Electricity Regulation as proposed by 26(2) of [OP: recast Electricity Regulation as proposed by COM(2016) 861 i/2] and on those of the Regulation as proposed by COM(2016) 861 i/2] and on those of the ENTSO for Gas in accordance with COM(2016)861 i/2], on those of the EU ENTSO for Gas in accordance with Article 5(2) of Regulation (EC) No DSO entity in accordance with Article Article 5(2) of Regulation (EC) No 715/2009 i. 50(2)of Regulation (EU) ... [OP: 715/2009 and on those of the EUDSO

  recast Electricity Regulation as entity in accordance with Article proposed by COM(2016) 861 i/2] and 50(2) of [OP: recast Electricity on those of the ENTSO for Gas in Regulation as proposed by accordance with Article 5(2) of COM(2016) 861 i/2]. Regulation(EC) No 715/2009.

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• 2. 

  The Agency shall monitor the 2. The Agency shall monitor the execution of the tasks of the ENTSO execution of the tasks of the ENTSO for Electricity in accordance with for Electricity in accordance with Article 29 of [OP: recast Electricity Article 29 of [OP: recast Electricity Regulation as proposed by Regulation as proposed by COM(2016) 861 i/2] and of the ENTSO COM(2016) 861 i/2] and of the ENTSO for Gas in accordance with Article 9 of for Gas in accordance with Article 9 of Regulation (EC) No 715/2009 i. Regulation (EC) No 715/2009 i and of

  the EUDSO entity in accordance with Article 51 of [OP: recast Electricity Regulation as proposed by COM(2016) 861 i/2].

• 3. 

  The Agency may provide an 3. The Agency [] provides an opinion: opinion: (a) to the ENTSO for Gas in AM 29 (a) to the ENTSO for Gas in accordance with Article 8(2) of (a) to the ENTSO for Electricity in accordance with Article 8(2) of Regulation (EC) No 715/2009 i on the accordance with Article 27(1)(a) of Regulation (EC) No 715/2009 i on the network codes; and [recast Electricity Regulation as network codes; and

  proposed by COM(2016) 861 i/2] and to the ENTSO for Gas in accordance with Article 8(2) of Regulation (EC) No 715/2009 i on the network codes;

(b) to the ENTSO for Electricity in AM 30 (b) to the ENTSO for Electricity in accordance with the first subparagraph (b) to the ENTSO for Electricity in accordance with the first subparagraph of Article 29(2) of [recast Electricity accordance with Article 27(1) (b) and of Article 29(2) of [recast Electricity Regulation as proposed by (h) of [recast Electricity Regulation as Regulation as proposed by COM(2016) 861 i/2], and to the ENTSO proposed by COM(2016) 861 i/2], and COM(2016) 861 i/2], and to the ENTSO for Gas in accordance with the first to the ENTSO for Gas in accordance for Gas in accordance with the first subparagraph of Article 9(2) of with the first subparagraph of Article subparagraph of Article 9(2) of Regulation (EC) No 715/2009 i on the 9(2) of Regulation (EC) No 715/2009 i Regulation (EC) No 715/2009 i on the draft annual work programme, on the on the draft annual work programme, draft annual work programme, on the draft Union -wide network on the draft Union -wide network draft Union -wide network development plan and other relevant development plan and other relevant development plan and other relevant documents referred to in Article 27(1) documents referred to in Article 27(1) documents referred to in Article 27(1) of [recast Electricity Regulation as of [recast Electricity Regulation as of [recast Electricity Regulation as

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proposed by COM(2016) 861 i/2] and proposed by COM(2016) 861 i/2] and proposed by COM(2016) 861 i/2] and

Article 8(3) of Regulation (EC) No Article 8(3) of Regulation (EC) No Article 8(3) of Regulation (EC) No

715/2009, taking into account the 715/2009, taking into account the 715/2009, taking into account the objectives of non-discrimination, objectives of non-discrimination, objectives of non-discrimination, effective competition and the efficient effective competition and the efficient effective competition and the efficient and secure functioning of the internal and secure functioning of the internal and secure functioning of the internal markets in electricity and natural gas. markets in electricity and natural gas; markets in electricity and natural gas.

and AM 31 (ba) (new) to the EU DSO entity on the draft annual work programme and other relevant documents referred to in Article 51(1) and (2) of Regulation (EU) ... [recast Electricity Regulation as proposed by COM(2016) 861 i/2], taking into account the objectives of nondiscrimination, effective competition and the efficient and secure functioning of the internal markets in electricity and natural gas. (c) to the EU DSO entity on the draft annual work program and other relevant documents referred to in Article 51(2) of [recast Electricity Regulation as proposed by COM(2016) 861 i/2], taking into account the objectives of nondiscrimination, effective competition and the efficient and secure functioning of the internal energy market.

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• 4. 

  The Agency shall, based on 4. The Agency shall, based on matters of fact, provide a duly matters of fact, provide a duly reasoned opinion as well as reasoned opinion as well as recommendations to the ENTSO for recommendations to the ENTSO for Electricity, the ENTSO for Gas, the Electricity, the ENTSO for Gas, the European Parliament, the Council and European Parliament, the Council and the Commission, where it considers the Commission, where it considers that the draft annual work programme that the draft annual work programme or the draft Union -wide network or the draft Union -wide network development plan submitted to it in development plan submitted to it in accordance with the second accordance with the second subparagraph of Article 29(2) of subparagraph of Article 29(2) ) of [recast Electricity Regulation as [recast Electricity Regulation as proposed by COM(2016) 861 i/2] and proposed by COM(2016) 861 i/2] and the second subparagraph of Article the second subparagraph of Article 9(2) of Regulation (EC) No 715/2009 i 9(2) of Regulation (EC) No 715/2009 i do not contribute to nondo not contribute to nondiscrimination, effective competition discrimination, effective competition and the efficient functioning of the and the efficient functioning of the market or a sufficient level of crossmarket or a sufficient level of crossborder interconnection open to thirdborder interconnection open to thirdparty access, or do not comply with the party access, or do not comply with the relevant provisions of [OP: recast relevant provisions of [OP: recast Electricity Regulation as proposed by Electricity Regulation as proposed by COM(2016) 861 i/2 and recast COM(2016) 861 i/2 and recast Electricity Directive as proposed by Electricity Directive as proposed by COM(2016) 864 i/2] or Directive COM(2016) 864 i/2] or Directive 2009/73/EC i and Regulation (EC) No 2009/73/EC and Regulation (EC) No 715/2009 i. 715/2009.

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AM 32 4 a. (new) The Agency may issue decisions addressed to the ENTSO for Electricity, the ENTSO for Gas and the EU DSO entity to require them to comply with their obligations as specified in (a) this Regulation; (b) Regulation (EC) No 715/2009 i and Regulation (EU) .../... [proposed recast Electricity Regulation, COD (2016)0379]; (c) the network codes adopted pursuant to Article 6 of Regulation (EC) No 715/2009 and Articles 54 and 55 of Regulation (EU) .../... [proposed Electricity Regulation, COD(2016)0379 ]; (d) the guidelines adopted pursuant to Article 23 of Regulation (EC) No 715/2009 and Article 57 of Regulation (EU) .../... [proposed Electricity Regulation, COD(2016) 0379]; (e) Regulation (EU) No 347/2013 i of the European Parliament and of the Council; (f) Regulation (EU) ... [Risk Preparedness Regulation as proposed by COM(2016) 862 i]

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AM 33 4 b. (new) The Agency shall issue a decision pursuant to paragraph 4a only where: (a) the failure to comply affects the efficient functioning of the internal energy market; and (b) no competent authority has taken measures or the measures taken by one or more competent authorities have not been sufficient to ensure compliance. AM 34 4 c. (new) Upon the Agency’s request, the ENTSO for Electricity, the ENTSO for Gas and the EU DSO entity shall provide the Agency with the information necessary for the fulfilment of its tasks. Article 5

Tasks of the Agency as regards the development and implementation of network codes and guidelines

• 1. 

  The Agency shall participate in 1. The Agency shall participate in the development of network codes in the development of network codes in accordance with Article 55 of [recast accordance with Article 55 of [recast Electricity Regulation as proposed by Electricity Regulation as proposed by COM(2016) 861 i/2] and Article 6 of COM(2016) 861 i/2] and Article 6 of Regulation (EC) No 715/2009 i. It shall Regulation (EC) No 715/2009 i and of in particular: Guidelines in accordance with

  Article 57(7) of [OP: recast Electricity Regulation as proposed by COM(2016) 861 i/2]. It shall in particular:

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(a) submit non-binding framework (a) submit non-binding framework guidelines to the Commission where it guidelines to the Commission where it is requested to do so under Article is requested to do so under Article 55(3) of [recast Electricity Regulation 55(3) of [recast Electricity Regulation as proposed by COM(2016) 861 i/2] or as proposed by COM(2016) 861 i/2] or Article 6(2) of Regulation (EC) No Article 6(2) of Regulation (EC) No 715/2009 i. The Agency shall review the 715/2009. The Agency shall review the non-binding framework guidelines and non-binding framework guidelines and re-submit it to the Commission where re-submit it to the Commission where requested to do so under Article ) 55(6) requested to do so under Article ) 55(6) of [recast Electricity Regulation as of [recast Electricity Regulation as proposed by COM(2016) 861 i/2] or proposed by COM(2016) 861 i/2] or Article 6(4) of Regulation (EC) No Article 6(4) of Regulation (EC) No 715/2009 i.; 715/2009; (b) provide a reasoned opinion to (b) provide a reasoned opinion to the ENTSO for Gas on the network the ENTSO for Gas on the network code in accordance with Article 6(7) of code in accordance with Article 6(7) of Regulation (EC) No 715/2009 i; Regulation (EC) No 715/2009 i; (c) submit the revised network code (c) revise the network code to the Commission in accordance with according to article 55(10) of [OP: Article 55(10) of [recast Electricity recast Electricity Regulation as Regulation as proposed by proposed by COM(2016) 861 i/2]. In COM(2016) 861 i/2] or pursuant to the proposal submitted to the Article 6(9) of Regulation (EC) No Commission, the Agency shall take 715/2009. The Agency shall prepare into account the views provided by and submit a draft network code to the all involved parties during the Commission where it is requested to drafting of the proposal led by the do so under Article 55(11) of [recast ENTSO for Electricity or the EU Electricity Regulation as proposed by DSO entity and shall formally COM(2016) 861 i/2] or Article 6(10) of consult the relevant stakeholders on Regulation (EC) No 715/2009 i ; the version to be submitted to the

Commission. To this extend the Agency may use the committee established under the network codes where appropriate. Subsequently,

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the Agency shall submit the revised network code to the Commission, and report the outcome of the consultations, in accordance with Article 55(10) of [recast Electricity Regulation as proposed by COM(2016) 861 i/2]. The Agency shall submit the network code to the Commission [] pursuant to Article 6(9) of Regulation (EC) No 715/2009 i. Where the ENTSO for Electricity or Gas or the EU DSO entity have failed to develop a network code the Agency shall prepare and submit a draft network code to the Commission where it is requested to do so under Article 55(11) of [recast Electricity Regulation as proposed by COM(2016) 861 i/2] or Article 6(10) of Regulation (EC) No 715/2009 i;

(d) provide a duly reasoned opinion (d) provide a duly reasoned opinion to the Commission, in accordance with to the Commission, in accordance with Article 29(1) of [recast Electricity Article 29(1) of [recast Electricity Regulation as proposed by Regulation as proposed by COM(2016) 861 i/2] or Article 9(1) of COM(2016) 861 i/2] or Article 9(1) of Regulation (EC) No 715/2009 i, where Regulation (EC) No 715/2009 i, where the ENTSO for Electricity or the the ENTSO for Electricity or the ENTSO for Gas has failed to ENTSO for Gas has failed to implement a network code elaborated implement a network code elaborated under Article 27(1)(a) of [recast under Article 27(1)(a) of [recast Electricity Regulation as proposed by Electricity Regulation as proposed by COM(2016) 861 i/2] or Article 8(2) of COM(2016) 861 i/2] or Article 8(2) of Regulation (EC) No 715/2009 i or a Regulation (EC) No 715/2009 i or a network code which has been network code which has been established in accordance with Article established in accordance with Article

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55(2) to (11) of [recast Electricity 55(2) to (11) of [recast Electricity

Regulation as proposed by Regulation as proposed by

COM(2016) 861 i/2] and Article 6(1) to COM(2016) 861 i/2] and Article 6(1) to

10 of Regulation (EC) No 715/2009 i 10 of Regulation (EC) No 715/2009 i but which has not been adopted by the but which has not been adopted by the Commission under Article 55(12) of Commission under Article 55(12) of [recast Electricity Regulation as [recast Electricity Regulation as proposed by COM(2016) 861 i/2] and proposed by COM(2016) 861 i/2] and under Article 6(11) of Regulation (EC) under Article 6(11) of Regulation (EC) No 715/2009 i. No 715/2009. (e) monitor and analyse the AM 35 (e) monitor and analyse the implementation of the network codes (e) monitor and analyse the implementation of the network codes and the guidelines adopted by the implementation of the network codes and the guidelines adopted by the Commission in accordance with and the Guidelines adopted by the Commission in accordance with Article 55(12) of [recast Electricity Commission in accordance with Article 55(12) of [recast Electricity Regulation as proposed by Article 55(12) of [recast Electricity Regulation as proposed by COM(2016) 861 i/2] and Article 6(11) Regulation as proposed by COM(2016) 861 i/2] and Article 6(11) of Regulation (EC) No 715/2009 i, and COM(2016) 861 i/2] and in Article of Regulation (EC) No 715/2009 i, and their effect on the harmonisation of 6(11) of Regulation (EC) No their effect on the harmonisation of applicable rules aimed at facilitating 715/2009, and their effect on the applicable rules aimed at facilitating market integration as well as on nonharmonisation of applicable rules market integration as well as on nondiscrimination, effective competition aimed at facilitating market integration discrimination, effective competition and the efficient functioning of the as well as on non-discrimination, and the efficient functioning of the market, and report to the Commission. effective competition and the efficient market, and report to the Commission.

functioning of the market, and report to the Commission. The Agency may also issue decisions in accordance with Article 4(4a) of this Regulation.

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• 2. 

  In cases where the network AM 36 2. In cases where a legislative act codes and guidelines developed 2. In cases where the network of the Union adopted in an ordinary pursuant to Chapter VII of [recast codes and guidelines developed legislative procedure or the network Electricity Regulation as proposed by pursuant to Chapter VII of [recast codes and guidelines adopted before COM(2016) 861 i/2] provide for the Electricity Regulation as proposed by the entry into force of this development of proposals for terms COM(2016) 861 i/2] provide for the Regulation or adopted as and conditions or methodologies for development of proposals for terms implementing acts pursuant to the implementation of those network and conditions or methodologies for Article 5 of Regulation (EU) No codes and guidelines which require the implementation of those network 182/2011 of the European regulatory approval by all regulatory codes and guidelines which require Parliament and the Council, [] authorities or by all regulators of the approval by the regulatory authorities provide for the development of concerned region, the terms and of all Member States, the proposed proposals for common terms and conditions or methodologies shall be terms and conditions or methodologies conditions or methodologies for the submitted for revision and approval to shall be submitted for revision and implementation of those network codes the Agency. Before approving the approval to the Agency. and guidelines which require terms and conditions or methodologies, regulatory approval by all regulatory the Agency shall revise and change authorities [], the terms and them where necessary in order to conditions or methodologies shall be ensure that they are in line with the submitted for revision to the Agency purpose of the network code or and shall be approved by the Board guidelines and contribute to market of Regulators. [] integration, non-discrimination and the efficient functioning of the market.

The procedure for the coordination of regional tasks in accordance with

Article 7 shall apply.

2(a) In cases where a legislative act of the Union adopted in an ordinary legislative procedure or the network codes and guidelines adopted before the entry into force of this Regulation or adopted as implementing acts pursuant to Article 5 of Regulation (EU) No 182/2011 of the European

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Parliament and the Council, provide for the development of proposals for terms and conditions or methodologies for the implementation of those network codes and guidelines which require regulatory approval by all competent regulatory authorities of the concerned region, the competent regulatory authorities of the concerned region shall reach an agreement by unanimity. The proposed terms and conditions or methodologies shall be notified to the Agency within one week of the submission of the proposal to the competent regulators. Regulators may refer the proposal to the Agency for approval pursuant to Article 6(8)(b) and shall do so pursuant to Article 6(8)(a) in case a unanimous decision cannot be reached. 2(b) The Director or the Board of Regulators, acting on its own initiative or on a proposal of one or more of its members, may require the regulators of the region concerned to refer the proposal to the Agency for approval. Such request shall be limited to cases where a regionally agreed proposal would have a tangible impact on the internal energy market or on security of supply beyond the region.

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2(c) Before approving the terms and conditions or methodologies pursuant paragraph 2, 2a and 2b, the regulatory authorities or where competent the Agency shall revise and change them where necessary in consultation with the ENTSO for Electricity or the EU DSO entity, in order to ensure that they are in line with the purpose of the network code or guidelines and contribute to market integration, nondiscrimination, effective competition and the proper functioning of the market. The Agency shall take a decision on the approval within the period specified in the relevant network codes and guidelines. That period shall begin on the day following that on which the proposal was notified.

AM 37 2 a. (new) In cases where the network codes and guidelines developed pursuant to Chapter VII of Regulation (EU) .../... [proposed recast Electricity Regulation, COD (2016)0379] provide for the development of proposals for joint regional terms and conditions or methodologies for the implementation of network codes and guidelines which require approval by all regulatory authorities of the region concerned, the proposed terms and

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conditions or methodologies shall be notified to the Agency. Within one month of such notification, the Director may, on his or her own initiative after consulting the Board of Regulators, or at the request of the Board of Regulators, require the regulatory authorities of the region concerned to refer the proposal to the Agency for approval where the proposal has a tangible impact on the internal energy market. A proposal shall be considered to have a tangible impact on the internal energy market where it would: (i) have a tangible impact on endconsumers beyond the region concerned, or (ii) significantly affect the Union's energy interests beyond the region concerned. In such cases, or in cases referred to in Article 6(8)(a) and (b) the Agency shall take a decision within the period specified in the relevant network codes and guidelines. That period shall begin on the day following that on which the proposal was notified.

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Before approving the terms and conditions or methodologies, the Agency shall revise and change them where necessary in order to ensure that they are in line with the purpose of the network code or guideline and contribute to market integration, nondiscrimination, effective competition and the proper functioning of the market.

• 3. 

  In the context of the bidding AM 38 3. In the context of the bidding zone review, the Agency shall approve 3. The bidding zone review zone review, in case that the relevant and may request amendments to the process shall be effected pursuant to national regulatory authorities do methodology and assumptions that will Article 13 paragraph 3 of [recast not come to an unanimous decision be used in the bidding zone review Electricity Regulation as proposed by on the transmission system process pursuant to Article 13(3) of COM(2016) 861 i/2]. operator’s proposal, the Agency shall [recast Electricity Regulation as [] decide the methodology and proposed by COM(2016) 861 i/2]. assumptions that will be used in the

  bidding zone review process pursuant to Article 13(3) of [recast Electricity Regulation as proposed by COM(2016) 861 i/2] as well as issue an opinion pursuant to Article 14(2a) of that Regulation.

• 4. 

  The Agency shall monitor the 4. The Agency shall monitor the regional cooperation of transmission regional cooperation of transmission system operators referred to in Article system operators referred to in Article 31 of [recast Electricity Regulation as 31 of [recast Electricity Regulation as proposed by COM(2016) 861 i/2] and proposed by COM(2016) 861 i/2] and Article 12 of Regulation (EC) No Article 12 of Regulation (EC) No 715/2009 i, and take into account the 715/2009, and take into account the outcome of that cooperation when outcome of that cooperation when formulating its opinions, formulating its opinions, recommendations and decisions. recommendations and decisions.

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Article 6 Tasks of the Agency as regards the national regulatory authorities 1. The Agency shall adopt 1. The Agency shall adopt individual decisions on technical issues individual decisions on technical issues where those decisions are provided for where those decisions are provided for in [OP: recast Electricity Directive as in [OP: recast Electricity Directive as proposed by COM(2016) 864 i/2], proposed by COM(2016) 864 i/2], Directive 2009/73/EC i, [OP: recast Directive 2009/73/EC i, [OP: recast Electricity Regulation as proposed by Electricity Regulation as proposed by COM(2016) 861 i/2] or Regulation (EC) COM(2016) 861 i/2] or Regulation (EC) No 715/2009 i. No 715/2009.

• 2. 

  The Agency may, in accordance AM 39 2. The Agency may, in accordance with its work programme, at the 2. The Agency may, in accordance with its work programme, at the request of the Commission or at its with its work programme, at the request of the Commission or at its own initiative, make recommendations request of the Commission or at its own initiative, make recommendations to assist regulatory authorities and own initiative, make recommendations to assist regulatory authorities and market players in sharing good to assist regulatory authorities and market players in sharing good practices. market players in sharing good practices.

  practices and ensuring full compliance with existing regulation. AM 40 2a. (new) The Agency may provide the Commission with an opinion regarding a particular national regulatory authority’s independence or lack of resources and technical capabilities upon its own initiative.

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• 3. 

  The Agency shall provide a AM 41 3. The Agency shall provide a framework within which national 3. The Agency shall provide a framework within which national regulatory authorities can cooperate. It framework within which national regulatory authorities can cooperate. It shall promote cooperation between the regulatory authorities can cooperate in shall promote cooperation between the national regulatory authorities and order to ensure efficient decisionnational regulatory authorities and between regulatory authorities at making on issues with cross border between regulatory authorities at regional and Union level to ensure relevance. It shall promote cooperation regional and Union level [] and shall interoperability, communication and between the national regulatory take into account the outcome of such monitoring of regional performance in authorities and between regulatory cooperation when formulating its those areas which are still not authorities at regional and Union level opinions, recommendations and harmonised at Union level and shall to ensure interoperability, decisions. Where the Agency considers take into account the outcome of such communication and monitoring of that binding rules on such cooperation cooperation when formulating its regional performance in those areas are required, it shall make the opinions, recommendations and which are still not harmonised at appropriate recommendations to the decisions. Where the Agency considers Union level and shall take into account Commission. that binding rules on such cooperation the outcome of such cooperation when are required, it shall make the formulating its opinions, appropriate recommendations to the recommendations and decisions.

Commission. Where the Agency considers that binding rules on such cooperation are required, it shall make the appropriate recommendations to the Commission.

• 4. 

  The Agency shall provide a AM 42 4. The Agency shall provide a factual opinion at the request of a 4. The Agency shall provide a factual opinion at the request of a regulatory authority or of the factual opinion at the request of one or regulatory authority or of the Commission, on whether a decision more regulatory authorities or of the Commission, on whether a decision taken by a regulatory authority Commission, on whether a decision taken by a regulatory authority complies with the guidelines referred taken by a regulatory authority complies with the guidelines referred to in [recast Electricity Directive as complies with the guidelines referred to in [recast Electricity Directive as proposed by COM(2016) 864 i/2], to in [recast Electricity Directive as proposed by COM(2016) 864 i/2], Directive 2009/73/EC i, [recast proposed by COM(2016) 864 i/2], Directive 2009/73/EC i, [recast Electricity Regulation as proposed by Directive 2009/73/EC i, [recast Electricity Regulation as proposed by COM(2016) 861 i/2] or Regulation (EC) Electricity Regulation as proposed by COM(2016) 861 i/2] or Regulation (EC) No 715/2009 i or with other relevant COM(2016) 861 i/2] or Regulation (EC) No 715/2009 i or with other relevant provisions of those Directives or No 715/2009 or with other relevant provisions of those Directives or

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Regulations. provisions of those Directives or Regulations.

Regulations. 4a. The Agency shall provide an opinion to the relevant regulatory authority pursuant to Article 14(2a) of [OP: recast Electricity Regulation as proposed by COM(2016) 861 i/2].

• 5. 

  Where a national regulatory 5. Where a national regulatory authority does not comply with the authority does not comply with the opinion of the Agency referred to in opinion of the Agency referred to in paragraph 4 within four months from paragraph 4 within four months from the day of receipt, the Agency shall the day of receipt, the Agency shall inform the Commission and the inform the Commission and the Member State concerned accordingly. Member State concerned accordingly. 6. When a national regulatory 6. When a national regulatory authority encounters, in a specific case, authority encounters, in a specific case, difficulties with the application of the difficulties with the application of the guidelines referred to in [recast guidelines referred to in [recast Electricity Directive as proposed by Electricity Directive as proposed by COM(2016) 864 i/2], Directive COM(2016) 864 i/2], Directive 2009/73/EC i, [recast Electricity 2009/73/EC, [recast Electricity Regulation as proposed by Regulation as proposed by COM(2016) 861 i/2] or Regulation (EC) COM(2016) 861 i/2] or Regulation (EC) No 715/2009 i, it may request the No 715/2009, it may request the Agency for an opinion. The Agency Agency for an opinion. The Agency shall deliver its opinion, after shall deliver its opinion, after consulting the Commission, within consulting the Commission, within three months of receiving such request. three months of receiving such request.

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AM 43 6 a. (new) Upon the request of a national regulatory authority, the Agency may decide to provide operational assistance to the national regulatory authority concerned in the investigation, including for the purpose of enforcement with regard to non-compliance with rules relating to market abuse, market manipulation and insider trading, pursuant to Regulation (EU) No 1227/2011 i of the European Parliament and of the Council 1a . ________________ 1a Regulation (EU) No 1227/2011 i of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (OJ L 326, 8.12.2011, p. 1).

• 7. 

  The Agency shall decide on the AM 44 7. [] terms and conditions for access to and 7. The Agency shall decide on the operational security of electricity and terms and conditions for access to and gas infrastructure connecting or that operational security of electricity and might connect at least two Member gas infrastructure connecting or that

States ("cross-border infrastructure"), might connect at least two Member in accordance with paragraph 8 and States ("cross-border infrastructure"), following. in accordance with paragraphs 8, 9

and 10.

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• 8. 

  As regards regulatory issues 8. [] The Agency shall be with cross-border relevance , the competent to adopt individual Agency shall decide upon those decisions on regulatory issues [] regulatory issues that fall within the having effect on cross-border [] trade competence of national regulatory or cross-border system security authorities, which may include the which require a joint decision by at terms and conditions for access and least two [] national regulatory operational security, or methodologies authorities, and such competences with relevance for cross-border trade have been conferred under a or operational security, or other legislative act of the Union adopted regulatory issues with cross-border in an ordinary legislative procedure relevance,: or the Network Codes and

  Guidelines adopted before the entry into force of this Regulation or adopted as implementing acts pursuant to Article 5 of Regulation (EU) No 182/2011 of the European Parliament and the Council [],

(a) where the competent national (a) where the competent national regulatory authorities have not been regulatory authorities have not been able to reach an agreement within a able to reach an agreement within a period of six months after referral of period of six months after referral of the case to the last of those regulatory the case to the last of those regulatory authorities; or authorities; or (b) upon a joint request from the (b) upon a joint request from the competent national regulatory competent national regulatory authorities. authorities. The competent national regulatory The competent national regulatory authorities may jointly request that the authorities may jointly request that the period referred to in point (a) be period referred to in point (a) be extended by a period of up to six extended by a period of up to six months. months. When preparing its decision, the [] Agency shall consult the national regulatory authorities and the

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transmission system operators concerned and shall be informed of the proposals and observations of all the transmission system operators concerned.

8a. When preparing its decision pursuant to paragraph 8, the Agency shall consult the national regulatory authorities and the transmission system operators concerned and shall be informed of the proposals and observations of all the transmission system operators concerned.

• 9. 

  Where a case has been referred 9. Where a case has been referred to the Agency under paragraph 8 , the to the Agency under paragraph 8, the Agency: Agency: (a) shall issue a decision within a (a) shall issue a decision within a period of six months from the day of period of six months from the day of referral; and referral; and (b) may, if necessary, provide an (b) may, if necessary, provide an interim decision to ensure that security interim decision to ensure that security of supply or operational security of the of supply or operational security of the infrastructure in question is protected. infrastructure in question is protected. 10. Where the regulatory issues 10. Where the regulatory issues referred to in paragraph 8 include referred to in paragraph 8 include exemptions within the meaning of exemptions within the meaning of Article 59 of [recast Electricity Article 59 of [recast Electricity Regulation as proposed by Regulation as proposed by COM(2016) 861 i/2] or Article 36 of COM(2016) 861 i/2] or Article 36 of Directive 2009/73/EC i, the deadlines Directive 2009/73/EC i, the deadlines provided for in this Regulation shall provided for in this Regulation shall not be cumulative with the deadlines not be cumulative with the deadlines provided for in those provisions. provided for in those provisions.

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AM 45 10 a. (new) The national regulatory authorities shall ensure enforcement of the Agency’s decisions.

Article 7 AM 46 Article 7 Coordination of regional tasks within deleted []

the Agency 1. For decisions pursuant to Article 5(2) of the present Regulation, on joint regional terms and conditions or methodologies to be developed under network codes and guidelines pursuant to Chapter VII of the [recast Electricity Regulation as proposed by COM(2016) 861 i/2] which regularly concern a limited number of Member States and require a joint regulatory decision at regional level, the Agency may be assisted by a subset of the Board of Regulators, consisting only of the regulatory authorities of the concerned region, following the procedure in paragraphs 2 to 4 of this Article.

• 2. 

  The Director shall assess the possible impact of the joint proposal on the internal market and issue an opinion if the joint proposal is mainly of regional relevance or if it has a tangible impact on the internal market, notably in cases where the issue at stake has a significant relevance beyond the concerned region.

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• 3. 

  The Board of Regulators shall, if appropriate, and notably taking into account the opinion of the Director, establish a regional subgroup consisting of the concerned members of the Board of Regulators to revise the proposal and make a recommendation to the Board of Regulators on the approval, including possible amendments.

• 4. 

  When the Board of Regulators decides on its opinion on the proposal, it shall take due account of the recommendation of the regional subgroup.

• 5. 

  The regulatory authorities of the region shall jointly designate a single coordinating national regulatory authority responsible for the coordination of the regional subgroups of the national regulatory authorities. The function of the coordinating national regulatory authority shall rotate every two years. The coordinating national regulatory authority shall act as contact point for all concerned parties, including for the Agency. It may request information relevant for the implementation of regulatory functions at regional level from all concerned parties on its own initiative or at the request of another national regulatory authority or authorities of the region and shall provide the Agency with information

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concerning the regional activities of the national regulatory authorities of the region. Regulatory authorities acting in regional subgroups of the Board of Regulators shall make sufficient resources available to enable the group to carry out its functions.

Article 8 AM 47 Article 8 Tasks of the Agency as regards Tasks of the Agency as regards Tasks of the Agency as regards [] regional operational centres regional coordination centres Regional Security Coordinators 1. The Agency, in close AM 48 1. The Agency, in close cooperation with the national 1. The Agency, in close cooperation with the national regulatory authorities and the ENTSO cooperation with the national regulatory authorities and the ENTSO for Electricity, shall monitor and regulatory authorities and the ENTSO for Electricity, shall monitor and analyse the performance of regional for Electricity, shall monitor and analyse the performance of [] Regional operational centres, taking into account analyse the performance and Security Coordinators, taking into the reports provided for in [Article compliance of regional coordination account the reports provided for in 43(4) recast Electricity Regulation as centres, taking into account the reports [Article 43(4) recast Electricity proposed by COM(2016) 861 i/2]. provided for in [Article 43(4)] of Regulation as proposed by

Regulation ... [recast Electricity COM(2016) 861 i/2]. Regulation as proposed by COM(2016) 861 i/2] and their compliance with obligations under Regulation (EU) .../... [recast Electricity Regulation as proposed by COM(2016) 861 i/2], the network codes adopted pursuant to Articles 54 and 55 thereof and the guidelines adopted pursuant to Article 57 thereof.

• 2. 

  To carry out the tasks referred to 2. To carry out the tasks referred to in paragraph 1 in an efficient and in paragraph 1 in an efficient and expeditious manner, the Agency shall expeditious manner, the Agency shall in particular: in particular:

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(a) decide on the configuration of (a) decide on the configuration of system operation regions pursuant to system operation regions pursuant to Article 33(1) of [recast Electricity Article 33[] (2) of [recast Electricity Regulation as proposed by Regulation as proposed by COM(2016) 861 i/2] COM(2016) 861 i/2]; (b) request information from AM 49 (b) request information from [] regional operational centres where (b) request information from Regional Security Coordinators appropriate pursuant to Article 43 of regional coordination centres where where appropriate pursuant to Article [recast Electricity Regulation as appropriate pursuant to Article 43 of 43 of [recast Electricity Regulation as proposed by COM(2016) 861 i/2]; [recast Electricity Regulation as proposed by COM(2016) 861 i/2];

proposed by COM(2016) 861 i/2]; (c) issue opinions and (c) issue opinions and recommendations to the European recommendations to the European Commission, the Council and the Commission, the Council and the European Parliament; European Parliament; (d) issue opinions and AM 50 (d) issue opinions and recommendations to regional (d) issue opinions and recommendations to [] Regional operational centres. recommendations to regional Security Coordinators.

coordination centres. AM 51 2 a. (new) The Agency may issue decisions addressed to the regional coordination centres to require them to comply with their obligations as specified in (a) Regulation (EU) .../... [proposed recast Electricity Regulation, COD (2016)0379]; (b) the network codes adopted pursuant to Articles 54 and 55 of Regulation (EU) .../... [proposed Electricity Regulation, COD(2016)0379 ];

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(c) the guidelines adopted pursuant to Article 57 of Regulation (EU) .../... [proposed Electricity Regulation, COD(2016) 0379]. AM 52 2 b. (new) The Agency shall take a decision pursuant to paragraph 2a only where: (a) the failure to comply affects the efficient functioning of the internal energy market; and (b) no competent authority has taken measures or the measures taken by one or more competent authorities have not been sufficient to ensure compliance. Article 9 Tasks of the Agency as regards Nominated Electricity Market Operators

In order to ensure that Nominated In order to ensure that Nominated

Electricity Market Operators carry out Electricity Market Operators carry out their functions under the [recast their functions under the [recast Electricity Regulation as proposed by Electricity Regulation as proposed by COM(2016) 861 i/2] and Commission COM(2016) 861 i/2] and Commission Regulation 1222/2015 i of 24 July Regulation 1222/2015 i of 24 July 2015 1 , the Agency shall: 2015 1 , the Agency shall:

1 Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management, OJ L

197, 25.7.2015, p. 24–72

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(a) monitor the Nominated (a) monitor the Nominated

Electricity Market Operators' progress Electricity Market Operators' progress in establishing the functions under in establishing the functions under Regulation 1222/2015 i; Regulation 1222/2015 i; (b) issue recommendations to the (b) issue recommendations to the Commission in accordance with Commission in accordance with Article 7(5) of Regulation 1222/2015 i Article 7(5) of Regulation 1222/2015 i (c) request information from (c) request information from Nominated Electricity Market Nominated Electricity Market Operators where appropriate. Operators where appropriate.

Article 10 Tasks of the Agency as regards generation adequacy and risk preparedness 1. The Agency shall approve and 1. The Agency shall approve and amend where necessary amend where necessary (a) the proposals for AM 53 (a) the proposals for methodologies methodologies and calculations related (a) the proposals for methodologies and calculations related to the to the European resource adequacy and calculations related to the European resource adequacy assessment pursuant to Article 19(2), European resource adequacy assessment pursuant to Article 19(2), (3) and (5) of [recast Electricity assessment pursuant to Article 19(2), (3) and (5) of [recast Electricity Regulation as proposed by (3) and (5) of [recast Electricity Regulation as proposed by COM(2016) 861 i/2]. Regulation as proposed by COM(2016) 861 i/2].

COM(2016) 861 i/2] as well as the results of the European resource adequacy assessment pursuant to Article 19(6) of Regulation (EU) ... [recast Electricity Regulation as proposed by COM(2016) 861 i/2].

(b) the proposals for technical (b) the proposals for technical specifications for cross-border specifications for cross-border participation in capacity mechanisms participation in capacity mechanisms pursuant to Article 21(10) of [recast pursuant to Article 21(10) of [recast Electricity Regulation as proposed by Electricity Regulation as proposed by COM(2016) 861 i/2]. COM(2016) 861 i/2].

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1a. The Agency, at the request of the Commission, shall issue an opinion on the ENTSO for Electricity's evaluation of national adequacy assessment pursuant to Article 18(3a) of [OP: recast Electricity Regulation as proposed by COM(2016) 861 i/2]

• 2. 

  The Agency shall approve and 2. The Agency shall approve and amend where necessary the amend where necessary the methodologies methodologies (a) for identifying electricity crisis (a) for identifying electricity crisis scenarios at a regional level as scenarios at a regional level as described in Article 5 of [Risk described in Article 5 of [Risk Preparedness Regulation as proposed Preparedness Regulation as proposed by COM(2016) 862 i]; by COM(2016) 862 i]; (b) for short-term adequacy (b) for short-term adequacy assessments as described in Article 8 assessments as described in Article 8 of [Risk Preparedness Regulation as of [Risk Preparedness Regulation as proposed by COM(2016) 862 i]. proposed by COM(2016) 862 i].

  Article 11 Tasks of the Agency as regards exemption and certification decisions The Agency may decide on The Agency may decide on exemptions, as provided for in Article exemptions, as provided for in Article 59(5) of [recast Electricity Regulation 59(5) of [recast Electricity Regulation as proposed by COM(2016) 861 i/2]. as proposed by COM(2016) 861 i/2]. The Agency may also decide on The Agency may also decide on exemptions as provided for in Article exemptions as provided for in Article 36(4) of Directive 2009/73/EC i where 36(4) of Directive 2009/73/EC i where the infrastructure concerned is located the infrastructure concerned is located in the territory of more than one in the territory of more than one Member State. Member State.

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Article 12 Tasks of the Agency as regards infrastructure With respect to trans-European energy With respect to trans-European energy infrastructure, the Agency, in close infrastructure, the Agency, in close cooperation with the regulatory cooperation with the regulatory authorities and the ENTSOs, shall: authorities and the ENTSOs, shall: (a) monitor progress as regards the (a) monitor progress as regards the implementation of projects to create implementation of projects to create new interconnector capacity; new interconnector capacity; (b) monitor the implementation of (b) monitor the implementation of the Union-wide network-development the Union -wide network-development plans. If it identifies inconsistencies plans. If it identifies inconsistencies between those plans and their between those plans and their implementation, it shall investigate the implementation, it shall investigate the reasons for those inconsistencies and reasons for those inconsistencies and make recommendations to the make recommendations to the transmission system operators, national transmission system operators, national regulatory authorities or other regulatory authorities or other competent bodies concerned with a competent bodies concerned with a view to implementing the investments view to implementing the investments in accordance with the Union-wide in accordance with the Union -wide network-development plans. network-development plans. (c) carry out the obligations laid out in (c) carry out the obligations laid out Article 5, 11, 12 and 13 of Regulation in Article 5, 11, [] and 13 of (EU) No 347/2013. Regulation (EU) No 347/2013 i.

(d) take decisions pursuant to Article 12(6) of Regulation (EU) No 347/2013.

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Article 13 Tasks of the Agency as regards wholesale market integrity and transparency In order to effectively monitor In order to effectively monitor wholesale market integrity and wholesale market integrity and transparency, the Agency, in close transparency, the Agency, in close cooperation with the regulatory cooperation with the regulatory authorities and other national authorities and other national authorities, shall authorities, shall (a) monitor wholesale markets, AM 54 (a) monitor wholesale markets, collect data and establish a European 1. (a) monitor wholesale collect data and establish a European register of market participants in markets, including regional markets, register of market participants in accordance with Article 7 to 9 of collect and share data and establish a accordance with Article 7 to 9 of Regulation (EU) 1227/2011 i 1 ; European register of market Regulation (EU) 1227/2011 i 1 ;

participants in accordance with Article 7 to 12 of Regulation (EU)1227/2011 i 1 ;

(b) issue recommendations to the (b) issue recommendations to the

Commission in accordance with Commission in accordance with

Article 7 of Regulation (EU) Article 7 of Regulation (EU)

1227/2011; 1227/2011;

1 Regulation (EU) No 1227/2011 i of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency OJ L 326, 8.12.2011, p. 1–16.

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(c) coordinate investigations (c) coordinate investigations pursuant to Article 16(4) of Regulation pursuant to Article 16(4) of Regulation (EU) 1227/2011 i. (EU) 1227/2011;

(ca) establish mechanisms to share information it receives and give access to these mechanisms in accordance with Article 10 of Regulation (EU) 1227/2011 i.

Article 14 Commissioning of new tasks to the Agency The Agency may, in circumstances The Agency may, in circumstances clearly defined by the Commission in clearly defined by the Commission in guidelines adopted pursuant to Article guidelines adopted pursuant to Article 57 of [recast Electricity Regulation as 57 of [recast Electricity Regulation as proposed by COM(2016) 861 i/2] or proposed by COM(2016) 861 i/2] or Article 23 of Regulation (EC) No Article 23 of Regulation (EC) No 715/2009 i and on issues related to the 715/2009 and on issues related to the purpose for which it has been purpose for which it has been established, be commissioned with established, be commissioned with additional tasks respecting the limits of additional tasks [] which do not transfer of executive powers to Union involve decision making powers. agencies .

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Article 15 Consultations and transparency 1. In carrying out its tasks, in 1. In carrying out its tasks, in particular in the process of developing particular in the process of developing framework guidelines in accordance framework guidelines in accordance with Article 55 of [recast Electricity with Article 55 of [recast Electricity Regulation as proposed by Regulation as proposed by COM(2016) 861 i/2] or Article 6 of COM(2016) 861 i/2] or Article 6 of Regulation (EC) No 715/2009 i, and in Regulation (EC) No 715/2009 i, and in the process of proposing amendments the process of proposing amendments of network codes under Article 56 of of network codes under Article 56 of [recast Electricity Regulation as [recast Electricity Regulation as proposed by COM(2016) 861 i/2] or proposed by COM(2016) 861 i/2] or Article 7 of Regulation (EC) No Article 7 of Regulation (EC) No 715/2009 i the Agency shall consult 715/2009 the Agency shall consult extensively and at an early stage with extensively and at an early stage with market participants, transmission market participants, transmission system operators, consumers, endsystem operators, consumers, endusers and, where relevant, competition users and, where relevant, competition authorities, without prejudice to their authorities, without prejudice to their respective competence, in an open and respective competence, in an open and transparent manner, in particular when transparent manner, in particular when its tasks concern transmission system its tasks concern transmission system operators. operators. 2. The Agency shall ensure that the 2. The Agency shall ensure that the public and any interested parties are, public and any interested parties are, where appropriate, given objective, where appropriate, given objective, reliable and easily accessible reliable and easily accessible information, in particular with regard information, in particular with regard to the results of its work. to the results of its work

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All documents and minutes of All documents and minutes of consultation meetings conducted consultation meetings conducted during the development of framework during the development of framework guidelines in accordance with Article guidelines in accordance with Article 55 of [recast Electricity Regulation as 55 of [recast Electricity Regulation as proposed by COM(2016) 861 i/2] or proposed by COM(2016) 861 i/2] or Article 6 of Regulation (EC) No Article 6 of Regulation (EC) No 715/2009 i, or during the amendment of 715/2009, or during the amendment of network codes referred to in paragraph network codes referred to in paragraph 1 shall be made public. 1 shall be made public. 3. Before adopting framework 3. Before adopting framework guidelines , or proposing amendments guidelines , or proposing amendments to network codes as referred to in to network codes as referred to in paragraph 1 , the Agency shall indicate paragraph 1 , the Agency shall indicate how the observations received during how the observations received during the consultation have been taken into the consultation have been taken into account and shall provide reasons account and shall provide reasons where those observations have not where those observations have not been followed. been followed. 4. The Agency shall make 4. The Agency shall make public, public, on its own website, at least the on its own website, at least the agenda, agenda, the background documents the background documents and, where and, where appropriate, the minutes of appropriate, the minutes of the the meetings of the Administrative meetings of the Administrative Board, Board, of the Board of Regulators and of the Board of Regulators and of the of the Board of Appeal. Board of Appeal.

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AM 55 Article 15a Article 15 a (new) Procedural safeguards for addressees of the Agency’s decisions 1. Before taking the decisions 1. Before taking the decisions provided for in this Regulation, the provided for in this Regulation, the Agency shall inform the parties Agency shall inform any named concerned of the decisions and shall addressee of its intention to adopt a invite them to submit observations by decision, setting a time limit within a particular time-limit, taking full which the addressee may express its account of the urgency, complexity views on the matter, taking full and potential consequences of the account of the urgency, complexity matter. and potential consequences of the matter. 2. Decisions taken by the Agency 2. The decisions of the Agency shall be fully reasoned for the shall state the reasons on which they purpose of allowing an appeal on the are based for the purpose of merits. allowing an appeal on the merits. 3. The parties concerned shall be 3. The addressees of decisions of informed of the legal remedies the Agency shall be informed of the available to challenge decisions legal remedies available under this pursuant to this Regulation. Regulation. 4. The Agency shall adopt and 4. The Agency shall adopt and publish adequate and proportionate publish adequate and proportionate rules of procedure relating to the rules of procedure for all Agency Agency’s tasks under Chapter I. For tasks set out under Chapter 1. These all Agency decisions, the rules of rules shall at least set out the procedure shall at least set the standards specified in paragraphs 1 standards specified in paragraphs 1, 2 to 3 to ensure a transparent and and 3 of this Article and shall ensure reasonable decision-making process a transparent and reasonable guaranteeing fundamental decision-making process, procedural rights based on the rule guaranteeing fundamental procedural of law. rights based on the rule of law. For all other Agency tasks under Chapter

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I, the rules of procedure shall at least ensure that fundamental procedural rights are guaranteed. Article 16 Monitoring and reporting on the electricity and natural gas sectors

• 1. 

  The Agency, in close AM 56 1. The Agency, in close cooperation with the Commission, the 1. The Agency, in close cooperation with the Commission, the Member States and the relevant cooperation with the Commission, the Member States and the relevant national authorities including the Member States and the relevant national authorities including the national regulatory authorities and national authorities including the national regulatory authorities and without prejudice to the competences national regulatory authorities and without prejudice to the competences of competition authorities, shall without prejudice to the competences of competition authorities, shall monitor the wholesale and retail of competition authorities, shall monitor the wholesale and retail markets in electricity and natural gas, monitor the wholesale and retail markets in electricity and natural gas, in particular the retail prices of markets in electricity and natural gas, in particular the retail prices of electricity and natural gas, compliance in particular the retail prices of electricity and natural gas, compliance with the consumer rights laid down in electricity and natural gas, compliance with the consumer rights laid down in [recast Electricity Directive as with the consumer rights laid down in [recast Electricity Directive as proposed by COM(2016) 864 i/2] and [recast Electricity Directive as proposed by COM(2016) 864 i/2] and Directive 2009/73/EC i, access to the proposed by COM(2016) 864 i/2] and Directive 2009/73/EC i, access to the networks including access of Directive 2009/73/EC i, the impact of networks including access of electricity produced from renewable market developments on household electricity produced from renewable energy sources, potential barriers to customers access to the networks energy sources, potential barriers to cross-border trade, state interventions including access of electricity cross-border trade, state interventions preventing prices from reflecting produced from renewable energy preventing prices from reflecting actual scarcity, the performance of the sources, the progress made with actual scarcity such as price Member States in the area of electricity regard to interconnections, potential restrictions as laid out in Article 9 of security of supply based on the results barriers to cross-border trade, [OP: recast Electricity Regulation as of the European resource adequacy regulatory barriers for new market proposed by COM (2016) 861 i/2)], the assessment as referred to in Article 19 entrants and smaller actors, including performance of the Member States in of [recast Electricity Regulation], in energy communities, state the area of electricity security of particular taking into account the exinterventions preventing prices from supply based on the results of the post evaluation referred to in Article reflecting actual scarcity, the European resource adequacy 16 of [Risk Preparedness Regulation as performance of the Member States in assessment as referred to in Article 19 proposed by COM(2016) 862 i] . the area of electricity security of of [recast Electricity Regulation], in

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supply based on the results of the particular taking into account the ex

European resource adequacy post evaluation referred to in Article

assessment as referred to in Article 19 16 of [Risk Preparedness Regulation as

of [recast Electricity Regulation], in proposed by COM(2016) 862 i] .

particular taking into account the expost

evaluation referred to in Article

16 of [Risk Preparedness Regulation as

proposed by COM(2016)862 i].

• 2. 

  The Agency shall publish 2. The Agency shall publish

annually a report on the results of the annually a report on the results of the

monitoring referred to r in paragraph 1. monitoring referred to r in paragraph 1.

In that report, it shall identify any In that report, it shall identify any

barriers to the completion of the barriers to the completion of the

internal markets in electricity and internal markets in electricity and

natural gas. natural gas.

• 3. 

  When publishing its annual 3. When publishing its annual

report, the Agency may submit to the report, the Agency may submit to the

European Parliament and to the European Parliament and to the

Commission an opinion on the possible Commission an opinion on the possible

measures to remove the barriers measures to remove the barriers

referred to in paragraph 2. referred to in paragraph 2.

AM 57 3a. The Agency may issue a best

3 a. (new) The Agency may request practice report on tariffs pursuant to

the national regulatory authorities, Article 16 (9) of [OP: recast

the ENTSO for Electricity, the Electricity Regulation as proposed by

ENTSO for Gas, the regional COM(2016) 861 i/2];

coordination centres, the EU DSO

entity and the nominated electricity

market operators to make available

any information necessary for the

purpose of carrying out of monitoring

pursuant to this Article. For that

purpose the Agency shall have the

power to issue decisions. In its

decisions the Agency shall make a

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reference to the legal basis under which the information is requested, the time limit within which the information is to be provided, and the purpose of the request. The Agency shall use confidential information received pursuant to this Article only for the purposes of carrying out the tasks assigned to it in this Regulation. The Agency shall ensure appropriate data protection of all the information pursuant to Article 41. 3b. The Agency may request national regulatory authorities, the ENTSO for Electricity, the ENTSO for Gas, the Regional Security Coordinators, the EU DSO entity and the Nominated Electricity Market Operators to provide any relevant information necessary for the purpose of carrying out of monitoring pursuant to this Article.

CHAPTER II ORGANISATION OF THE AGENCY

Article 17 Legal status 1. The Agency shall be a Union 1. The Agency shall be a Union body with legal personality. body with legal personality.

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• 2. 

  In each Member State, the 2. In each Member State, the

Agency shall enjoy the most extensive Agency shall enjoy the most extensive legal capacity accorded to legal legal capacity accorded to legal persons under national law. It shall, in persons under national law. It shall, in particular, be able to acquire or dispose particular, be able to acquire or dispose of movable and immovable property of movable and immovable property and be a party to legal proceedings. and be a party to legal proceedings.

• 3. 

  The Agency shall be represented 3. The Agency shall be represented by its Director. by its Director. 4. The seat of the Agency shall be 4. The seat of the Agency shall be Ljubljana, Slovenia. Ljubljana, Slovenia. The Agency may establish local offices AM 58 [] in the Member States, subject to their The Agency may establish local offices consent and in accordance with Article in the Member States, in accordance

25(j). with Article 25(k).

Article 18 Administrative and Management Structure The Agency shall be composed of : The Agency shall be composed of : (a) an Administrative Board, which (a) an Administrative Board, which shall exercise the tasks set out in shall exercise the tasks set out in Article 20; Article 20; (b) a Board of Regulators, which (b) a Board of Regulators, shall exercise the tasks set out in which shall exercise the tasks set out in Article 23 ; Article 23; (c) a Director, who shall exercise (c) a Director, who shall exercise the tasks set out in Article 25 ; and the tasks set out in Article 25; and (d) a Board of Appeal, which shall (d) a Board of Appeal, which shall exercise the tasks set out in Article 29 . exercise the tasks set out in Article 29.

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Article 19 Composition of the Administrative Board 1. The Administrative Board shall 1. The Administrative Board shall be composed of nine members. Each be composed of nine members. Each member shall have an alternate. Two member shall have an alternate. Two members and their alternates shall be members and their alternates shall be appointed by the Commission, two appointed by the Commission, two members and their alternates shall be members and their alternates shall be appointed by the European Parliament appointed by the European Parliament and five members and their alternates and five members and their alternates shall be appointed by the Council. No shall be appointed by the Council. No Member of the European Parliament Member of the European Parliament shall be a member of the shall be a member of the Administrative Board. Administrative Board. 2. The term of office of the 2. The term of office of the members of the Administrative Board members of the Administrative Board and their alternates shall be four years, and their alternates shall be four years, renewable once. For the first mandate, renewable once. For the first mandate, the term of office of half of the the term of office of half of the members of the Administrative Board members of the Administrative Board and their alternates shall be six years. and their alternates shall be six years. 3. The Administrative Board shall 3. The Administrative Board shall elect by a two-thirds majority its elect by a two-thirds majority its Chairman and its Vice-Chairman from Chairman and its Vice-Chairman from among its members. The Viceamong its members. The Vice Chairman shall automatically replace Chairman shall automatically replace the Chairman if the latter is not in a the Chairman if the latter is not in a position to perform his duties. The position to perform his duties. The term of office of the Chairman and of term of office of the Chairman and of the Vice-Chairman shall be two years, the Vice-Chairman shall be two years, renewable once. The term of office of renewable once. The term of office of the Chairman and that of the Vicethe Chairman and that of the Vice Chairman shall expire when they cease Chairman shall expire when they cease to be members of the Administrative to be members of the Administrative Board. Board.

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• 4. 

  The meetings of the 4. The meetings of the

Administrative Board shall be Administrative Board shall be convened by its Chairman. The convened by its Chairman. The Chairman of the Board of Regulators Chairman of the Board of Regulators or the nominee of the Board of or the nominee of the Board of Regulators, and the Director shall Regulators, and the Director shall participate, without the right to vote, in participate, without the right to vote, in the deliberations unless the the deliberations unless the Administrative Board decides Administrative Board decides otherwise as regards the Director. The otherwise as regards the Director. The Administrative Board shall meet at Administrative Board shall meet at least twice a year in ordinary session. least twice a year in ordinary session. It shall also meet at the initiative of its It shall also meet at the initiative of its Chairman, at the request of the Chairman, at the request of the Commission or at the request of at Commission or at the request of at least a third of its members. The least a third of its members. The Administrative Board may invite any Administrative Board may invite any person who may have a relevant person who may have a relevant opinion to attend its meetings in the opinion to attend its meetings in the capacity of an observer. The members capacity of an observer. The members of the Administrative Board may, of the Administrative Board may, subject to its rules of procedure, be subject to its rules of procedure, be assisted by advisers or experts. The assisted by advisers or experts. The Administrative Board’s secretarial Administrative Board’s secretarial services shall be provided by the services shall be provided by the Agency. Agency. 5. Decisions of the Administrative AM 59 5. Decisions of the Administrative Board shall be adopted on the basis of 5. Decisions of the Administrative Board shall be adopted on the basis of a simple majority of the members Board shall be adopted on the basis of a simple majority of the members present, unless provided otherwise in a two thirds majority of the members present, unless provided otherwise in this Regulation. Each member of the present, unless provided otherwise in this Regulation. Each member of the Administrative Board or alternate shall this Regulation. Each member of the Administrative Board or alternate shall have one vote. Administrative Board or, in his or her have one vote.

absence, an alternate shall have one vote.

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• 6. 

  The rules of procedure shall set 6. The rules of procedure shall set out in greater detail: out in greater detail: (a) the arrangements governing (a) the arrangements governing voting, in particular the conditions on voting, in particular the conditions on the basis of which one member may the basis of which one member may act on behalf of another and also, act on behalf of another and also, where appropriate, the rules governing where appropriate, the rules governing quorums; and quorums; and (b) the arrangements governing the (b) the arrangements governing the rotation applicable to the renewal of rotation applicable to the renewal of the members of the Administrative the members of the Administrative Board who are appointed by the Board who are appointed by the Council so as to ensure a balanced Council so as to ensure a balanced participation of Member States over participation of Member States over time. time. 7. A member of the Administrative 7. A member of the Administrative Board shall not be a member of the Board shall not be a member of the Board of Regulators. Board of Regulators. 8. The members of the AM 60 8. Without prejudice to the role Administrative Board shall undertake 8. The members of the of the members appointed by the to act independently and objectively in Administrative Board shall undertake European Commission, the members the public interest For that purpose, to act independently and objectively in of the Administrative Board shall each member shall make a written the interest of the Union as a whole undertake to act independently and declaration of commitments and a and shall neither seek nor follow objectively in the public interest written declaration of interests instructions from the Union without seeking or following any indicating either the absence of any institutions or bodies, from any political instruction. For that purpose, interest which may be considered government of a Member State or each member shall make a written prejudicial to his independence or any from any other public or private body. declaration of commitments and a direct or indirect interest which might For that purpose, each member shall written declaration of interests be considered prejudicial to his make a written declaration of indicating either the absence of any independence. Those declarations shall commitments and a written declaration interest which may be considered be made public annually. of interests indicating either the prejudicial to his independence or any

  absence of any interest which may be direct or indirect interest which might considered prejudicial to his be considered prejudicial to his independence or any direct or indirect independence. Those declarations shall

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interest which might be considered be made public annually. prejudicial to his independence. Those declarations shall be made public annually. Article 20 Functions of the Administrative Board

• 1. 

  The Administrative Board shall: 1. The Administrative Board shall:

(a) after having consulted the Board (a) after having consulted the Board of Regulators and obtained its of Regulators and obtained its favourable opinion in accordance with favourable opinion in accordance with Article 23(5)(b), appoint the Director Article 23(5)(b), appoint the Director in accordance with Article 24(2) and in accordance with Article 24(2) and where relevant extend his term of where relevant extend his term of office or remove him from office; office or remove him from office; (b) formally appoint the members of (b) formally appoint the members the Board of Regulators in accordance of the Board of Regulators in with Article 22(1); accordance with Article 22(1); (c) formally appoint the members of (c) formally appoint the members the Board of Appeal in accordance of the Board of Appeal in accordance with Article 26(2); with Article 26(2); (d) ensure that the Agency carries (d) ensure that the Agency carries out its mission and performs the tasks out its mission and performs the tasks assigned to it in accordance with this assigned to it in accordance with this Regulation; Regulation; (e) adopt, each year the draft AM 61 (e) adopt, each year by 31 January programming document referred to in (e) adopt, each year by 31January the draft programming document Article 21 before its submission to the the draft programming document referred to in Article 21 and submit it Commission for its opinion, and shall, referred to in Article 21 and submit it to the Commission, the European following the opinion of the to the Commission, the European Parliament and the Council. It shall, Commission and after having received Parliament and the Council. It shall, [] following the opinion of the approval by the Board of Regulators in following the opinion of the Commission and in relation to the accordance with Article 23(5)(c), adopt Commission, and in relation to the multiannual programming after the programming document of the multiannual programming after consulting the European Parliament, Agency by a two thirds majority its presenting it to the European and after having received approval by members and shall transmit it to the Parliament and after having received the Board of Regulators in accordance

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European Parliament, the Council and approval by the Board of Regulators in with Article 23(5)(c), adopt the the Commission. The programming accordance with Article 23(5)(c), adopt programming document of the Agency document shall be adopted without the programming document of the by a two thirds majority its members prejudice to the annual budgetary Agency by a two thirds majority of its and shall transmit it to the European procedure and shall be made public; members and shall transmit it to the Parliament, the Council and the

European Parliament, the Council and Commission by 31 October. The the Commission by 31 October. The programming document [] shall be programming document shall be made public; adopted without prejudice to the annual budgetary procedure and shall be made public.

(f) adopt by a two thirds majority, (f) adopt by a two thirds majority, the annual budget of the Agency and the annual budget of the Agency and exercise its other budgetary functions exercise its other budgetary functions in accordance with Articles 31 to 35; in accordance with Articles 31 to 35; (g) decide, after having obtained the (g) decide, after having obtained agreement of the Commission, whether the agreement of the Commission, to accept any legacies, donations or whether to accept any legacies, grants from other Union sources or any donations or grants from other Union voluntary contribution from the sources or any voluntary contribution Member States or from the regulatory from the Member States or from the authorities. The opinion of the regulatory authorities. The opinion of Administrative Board delivered the Administrative Board delivered pursuant to Article 35(5) shall address pursuant to Article 35(5) shall address the sources of funding set out in this the sources of funding set out in this paragraph; paragraph; (h) in consultation with the Board of (h) in consultation with the Board Regulators, exercise disciplinary of Regulators, exercise disciplinary authority over the Director. In addition, authority over the Director. In addition, in accordance with paragraph 2, it shall in accordance with paragraph 2, it shall exercise, with respect to the staff of the exercise, with respect to the staff of the Agency, the powers conferred by the Agency, the powers conferred by the Staff Regulations on the Appointing Staff Regulations on the Appointing Authority and by the Conditions of Authority and by the Conditions of Employment of Other Servants on the Employment of Other Servants on the

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Authority Empowered to conclude a Authority Empowered to conclude a

Contract of Employment; Contract of Employment;

(i) draw up the Agency’s (i) draw up the Agency’s implementing rules for giving effect to implementing rules for giving effect to the Staff Regulations and the the Staff Regulations and the Conditions of Employment of Other Conditions of Employment of Other Servants in accordance with Article Servants in accordance with Article 110 of the Staff Regulations pursuant 110 of the Staff Regulations pursuant to Article 39(2); to Article 39(2);

(j) adopt practical measures (j) adopt practical measures regarding the right of access to the regarding the right of access to the documents of the Agency, in documents of the Agency, in accordance with Article 41; accordance with Article 41; (k) adopt and publish the annual (k) adopt and publish the annual report on the activities of the Agency, report on the activities of the Agency, on the basis of the draft annual report on the basis of the draft annual report referred to in Article 25(h), and shall referred to in Article 25(h), and shall transmit that report to the European transmit that report to the European Parliament, the Council, the Parliament, the Council, the Commission, and the Court of Commission , and the Court of Auditors by 1 July of each year. The Auditors by 1 July of each year. The annual report on the activities of the annual report on the activities of the Agency shall contain an independent Agency shall contain an independent section, approved by the Board of section, approved by the Board of Regulators, concerning the regulatory Regulators, concerning the regulatory activities of the Agency during that activities of the Agency during that year; year; (l) adopt and publish its own rules (l) adopt and publish its own rules of procedure; of procedure; (m) adopt the financial rules (m) adopt the financial rules applicable to the Agency in accordance applicable to the Agency in accordance with Article 36; with Article 36;

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(n) adopt an anti-fraud strategy, (n) adopt an anti-fraud strategy, proportionate to the risk of fraud, proportionate to the risk of fraud, taking into account the costs and taking into account the costs and benefits of the measures to be benefits of the measures to be implemented; implemented; (o) adopt rules for the prevention (o) adopt rules for the prevention and management of conflicts of and management of conflicts of interest in respect of its members as interest in respect of its members as well as members of the Board of well as members of the Board of Appeal; Appeal; (p) adopt and regularly update (p) adopt and regularly update the the communication and dissemination communication and dissemination plans referred to in Article 41; plans referred to in Article 41; (q) appoint an Accounting (q) appoint an Accounting Officer, Officer, subject to the Staff subject to the Staff Regulations and the Regulations and the Conditions of Conditions of Employment of other Employment of other servants, who servants, who shall be totally shall be totally independent in the independent in the performance of his performance of his duties; duties; (r) ensure appropriate follow-up (r) ensure appropriate follow-up to to findings and recommendations findings and recommendations stemming from the internal or external stemming from the internal or external audit reports and evaluations, as well audit reports and evaluations, as well as from investigations of the European as from investigations of the European Anti-Fraud Office ("OLAF"); Anti-Fraud Office ("OLAF"); (s) authorise the conclusion of (s) authorise the conclusion of working arrangements in accordance working arrangements in accordance with Article 43. with Article 43;

(t) after having considered the Director’s opinion in accordance with Article 25(b) and after having consulted the Board of Regulators and obtained its favourable opinion in accordance with Article 23(5)(da), adopt and publish adequate and

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proportionate rules of procedure for all Agency tasks under Chapter I which are not covered by the rules of procedure under Article 20(1)(l), Article 23(2), Article 26(3) or Article 30(3). The rules of procedure shall notably ensure a transparent and reasonable decision-making process guaranteeing fundamental procedural rights based on the rule of law, in particular the right to be heard, the right to access file and the duty to give reasons.

• 2. 

  The Administrative Board shall AM 62 2. The Administrative Board shall adopt, in accordance with Article 110 2. The Administrative Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Regulations and on Article 6 of the Conditions of Employment of Other Servants, delegating relevant Conditions of Employment of Other Servants, delegating relevant appointing authority powers to the Servants, delegating relevant appointing authority powers to the Director and defining the conditions appointing authority powers to the Director and defining the conditions under which that delegation of powers Director. The Director shall be under which that delegation of powers can be suspended. The Director shall authorised to sub-delegate those can be suspended. The Director shall be authorised to sub-delegate those powers. be authorised to sub-delegate those powers. powers. 3. Where exceptional AM 63 3. Where exceptional circumstances so require, the deleted circumstances so require, the Administrative Board may by way of a Administrative Board may by way of a decision temporarily suspend the decision temporarily suspend the delegation of the appointing authority delegation of the appointing authority powers to the Director and those subpowers to the Director and those subdelegated by the latter and in favour of delegated by the latter and in favour of itself or delegate them to one of its itself or delegate them to one of its members or to a staff member other members or to a staff member other than the Director. than the Director.

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Article 21 Annual and multi-annual programming 1. Each year, the Administrative AM 64 1. Each year, the Administrative Board shall adopt a programming Each year, the Administrative Board Board shall adopt a draft document containing multi-annual and shall adopt a draft programming programming document containing annual programming, based on a draft document containing annual and multi-annual and annual programming put forward by the Director, taking into multi-annual programming in ("single programming document") account the opinion of the Commission accordance with Article 32 of in line with Article 32 of and in relation to multiannual Commission Delegation Regulation Commission Delegated Regulation programming after consulting the (EU) No 1271/2013, based on a draft (EU) No 1271/2013, based on a draft European Parliament. It shall forward put forward by the Director. The put forward by the Director. The it to the European Parliament, the Administrative Board shall adopt the Administrative Board shall adopt Council and the Commission no later programming document taking into the programming document, taking than 31 January each year. account the opinion of the into account the opinion of the

Commission, after approval of the Commission, after having received Board of Regulators for the annual the approval of the Board of work programme of the Agency and in Regulators for the annual work relation to multiannual programming programme, and in relation to after presenting it to the European multiannual programming after Parliament. It shall forward it to the consulting the European Parliament. It European Parliament, the Council and shall forward it to the European the Commission no later than 31 Parliament, the Council and the October each year. Commission no later than 31 [] October each year.

The programming document shall The programming document shall become definitive after final adoption become definitive after final adoption of the general budget and if necessary of the general budget and if necessary shall be adjusted accordingly. shall be adjusted accordingly.

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• 2. 

  The annual work programme 2. The annual work programme shall comprise detailed objectives and shall comprise detailed objectives and expected results including performance expected results including performance indicators. It shall also contain a indicators. It shall also contain a description of the actions to be description of the actions to be financed and an indication of the financed and an indication of the financial and human resources financial and human resources allocated to each action, in accordance allocated to each action, including with the principles of activity-based reference to the Agency working budgeting and management. The groups tasked with contributing to annual work programme shall be the drafting the respective coherent with the multi-annual work documents, in accordance with the programme referred to in paragraph 4. principles of activity-based budgeting It shall clearly indicate tasks that have and management. The annual work been added, changed or deleted in programme shall be coherent with the comparison with the previous financial multi-annual work programme referred year. Annual and multi- annual to in paragraph 4. It shall clearly programming shall include the strategy indicate tasks that have been added, for relations with third countries or changed or deleted in comparison with international organisations referred to the previous financial year. [] in Article 43 and the actions linked to that strategy.

• 3. 

  The Administrative Board shall 3. The Administrative Board shall amend the adopted annual work amend the adopted annual work programme when a new task is given programme when a new task is given to the Agency. to the Agency. Any substantial amendment to the Any substantial amendment to the annual work programme shall be annual work programme shall be adopted by the same procedure set out adopted by the same procedure set out for the initial annual work programme. for the initial annual work programme. The Administrative Board may The Administrative Board may delegate the power to make nondelegate the power to make nonsubstantial amendments to the annual substantial amendments to the annual work programme to the Director. work programme to the Director.

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• 4. 

  The multi-annual work 4. The multi-annual work programme shall set out overall programme shall set out overall strategic programming including strategic programming including objectives, expected results and objectives, expected results and performance indicators. It shall also set performance indicators. It shall also set out resource programming including out resource programming including multi-annual budget and staff. multi-annual budget and staff. The resource programming shall be The resource programming shall be updated annually. The strategic updated annually. The strategic programming shall be updated where programming shall be updated where appropriate, and in particular to appropriate, and in particular to address the outcome of the evaluation address the outcome of the evaluation referred to in Article 45. referred to in Article 45.

  Article 22 Composition of the Board of Regulators 1. The Board of Regulators shall 1. The Board of Regulators shall be composed of : be composed of : (a) senior representatives of the (a) senior representatives of the regulatory authorities, in accordance regulatory authorities, in accordance with Article 57(1) of [Recast with Article 57(1) of [Recast Electricity Directive] and Article 39(1) Electricity Directive] and Article 39(1) of Directive 2009/73/EC i, and one of Directive 2009/73/EC i, and one alternate per Member State from the alternate per Member State from the current senior staff of those current senior staff of those authorities authorities, both nominated by the , both nominated by the national national regulatory authority; regulatory authority ; (b) one non-voting representative of (b) one non-voting representative of the Commission. the Commission.

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AM 65 (b a) (new) one non-voting representative of the European Parliament;

Only one representative per Member Only one representative per Member

State from the national regulatory State from the national regulatory authority may be admitted to the Board authority may be admitted to the Board of Regulators. of Regulators. Each national regulatory authority Each national regulatory authority shall be responsible for nominating the shall be responsible for nominating the alternate member from current staff of alternate member from current staff of the national regulatory authority. the national regulatory authority. 2. The Board of Regulators shall 2. The Board of Regulators shall elect a Chairman and a Vice-Chairman elect a Chairman and a Vice-Chairman from among its members. The Vicefrom among its members. The Vice Chairman shall replace the Chairman if Chairman shall replace the Chairman if the latter is not in a position to perform the latter is not in a position to perform his duties. The term of office of the his duties. The term of office of the Chairman and of the Vice-Chairman Chairman and of the Vice-Chairman shall be two-and-a-half years and shall shall be two-and-a-half years and shall be renewable. In any event, however, be renewable. In any event, however, the term of office of the Chairman and the term of office of the Chairman and that of the Vice-Chairman shall expire that of the Vice-Chairman shall expire when they cease to be members of the when they cease to be members of the Board of Regulators. Board of Regulators.

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Article 23 Functions of the Board of Regulators 1. The Board of Regulators and its AM 66 1. The Board of Regulators [] shall sub-committees pursuant to Article 7 1. The Board of Regulators shall act by a [] two thirds majority of the shall act by a simple majority of the act by a two-thirds majority of the members present, with one vote for members present, with one vote for members present, with one vote for each member including in all cases each member, except for the opinion each member. referred to in paragraph 5 [] . pursuant to paragraph 5(b) which shall be delivered on the basis of a twothirds majority of members present.

• 2. 

  The Board of Regulators shall 2. The Board of Regulators shall adopt and publish its rules of adopt and publish its rules of procedure, which shall set out in procedure, which shall set out in greater detail the arrangements greater detail the arrangements governing voting, in particular the governing voting, in particular the conditions on the basis of which one conditions on the basis of which one member may act on behalf of another member may act on behalf of another and also, where appropriate, the rules and also, where appropriate, the rules governing quorums. The rules of governing quorums. The rules of procedure may provide for specific procedure may provide for specific working methods for the consideration working methods for the consideration of issues arising in the context of of issues arising in the context of regional cooperation initiatives. regional cooperation initiatives. 3. When carrying out the tasks 3. When carrying out the tasks conferred upon it by this Regulation conferred upon it by this Regulation and without prejudice to its members and without prejudice to its members acting on behalf of their respective acting on behalf of their respective regulatory authority, the Board of regulatory authority, the Board of Regulators shall act independently and Regulators shall act independently and shall not seek or follow instructions shall not seek or follow instructions from any government of a Member from any government of a Member State, from the Commission, or from State, from the Commission, or from another public or private entity. another public or private entity.

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• 4. 

  The secretarial services of the 4. The secretarial services of the

Board of Regulators shall be provided Board of Regulators shall be provided by the Agency by the Agency 5. The Board of Regulators shall: 5. The Board of Regulators shall:

AM 67 (-a) (new) where it considers it to be appropriate, provide comments, including proposals for amendments to the Director on draft opinions, recommendations and decisions referred to in Articles 3 to 11 and Article 14. The Director shall consider those comments before submitting the opinions, recommendations and decisions to the Board of Regulators for opinion and shall issue a written justification if he or she does not follow the position issued by the Board of Regulators.

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(a) provide opinions to the AM 68 (a) provide opinions 1 and

Director on the opinions, 2. (a) provide opinions to the amendments to text proposals to the recommendations and decisions Director on opinions, Director on all documents containing referred to in Articles 3 to 11 and 14, recommendations and decisions [] opinions, recommendations and which are considered for adoption. In referred to in Articles 3 to 11 and decisions referred to in Articles 3 to addition, the Board of Regulators, Article 14, which are considered for 11, 12(c), 13(a)-(c), [] 14, 16(3a), 30 within its field of competence, shall adoption. In addition, the Board of and 43 which are considered for provide guidance to the Director in the Regulators, within its field of adoption. In addition, the Board of execution of his tasks, with the competence, shall provide guidance to Regulators, within its field of exception of tasks pursuant to the Director in the execution of his or competence, shall provide [] opinions Regulation 1227/2011 i 2 . her tasks, with the exception of the and guidance to the Director and the

Agency’s activities under Regulation Agency's working groups in the 1227/2011 2 and provide guidance to execution of [] tasks, with the the Agency’s working groups exception of tasks pursuant to established pursuant to Article 30. Regulation 1227/2011 i 2 .

(b) deliver an opinion to the (b) deliver an opinion to the

Administrative Board on the candidate Administrative Board on the candidate to be appointed as Director in to be appointed as Director in accordance with Article 20(1)(a) and accordance with Article 20(1)(a) and Article 24(2). Article 24(2).

1 In order to reassure the national regulatory authorities and provide sufficient time for preparing their opinions, it is proposed that the revised

Article 25 includes a task of the Director to consult the BoR on his drafts several weeks in advance.

2 Regulation (EU) 1227/2011 i of the European Parliament and of the Council of 25 October on wholesale energy market integrity and transparency, OJ L 326, 8.12.2011, p. 1.

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(c) in accordance with Article AM 69

20(1)(e) and Article 25(f) and in line (c) in accordance with Article (c) in accordance with Article with the provisional draft estimate 20(1)(e) and Article25(f) and in line 20(1)(e) and Article 25(f) and in line established in accordance with Article with the provisional draft estimate with the provisional draft estimate 33(1) to 33(3)(1), approve the work established in accordance with Article established in accordance with Article programme of the Agency for the 33 (1) to (3), approve the draft 33(1) to 33(3)(1), approve the draft of coming year and present it by 1 programming document including the multi-annual and annual September of each year for adoption annual work programme of the programming of the Agency by the Administrative Board. Agency and present it by 30 September proposed by the Director and the

of each year for adoption by the work programme of the Agency for the Administrative Board. coming year and present it by [] 30 September of each year for adoption by the Administrative Board.

(d) approve the independent section (d) approve the independent section on regulatory activities of the annual on regulatory activities of the annual report, in accordance with Article report, in accordance with Article 20(1)(k) and Article 25(h). 20(1)(k) and Article 25(h).

(da) provide an opinion to the Administrative Board on the rules of procedure under Article 20(1)(t). (db) provide an opinion to the Administrative Board on the communication and dissemination plans referred to in Article 41 and on the rules of procedure for relations with third countries or international organisations referred to in Article 43.

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• 6. 

  The European Parliament may 6. The European Parliament may invite, while fully respecting his invite, while fully respecting his independence, the chairman of the independence, the chairman of the Board of Regulators or his deputy to Board of Regulators or his deputy to make a statement before its competent make a statement before its competent committee and answer questions put by committee and answer questions put by the members of that committee. the members of that committee.

Article 24

Director

• 1. 

  The Agency shall be managed AM 70 1. The Agency shall be managed

by its Director, who shall act in 1. The Agency shall be managed by its Director, who shall act in

accordance with the guidance referred by its Director, who shall act in accordance with the guidance referred

to in Article 23(5)(a) and, where accordance with the guidance referred to in Article 23(5)(a) and, where

provided for in this Regulation, the to in the second sentence of Article provided for in this Regulation, the

opinions of the Board of Regulators. 23(5)(a) and, where provided for in opinions of the Board of Regulators.

Without prejudice to the respective this Regulation, the opinions of the Without prejudice to the respective

roles of the Administrative Board and Board of Regulators. Without roles of the Administrative Board and

the Board of Regulators in relation to prejudice to the respective roles of the the Board of Regulators in relation to

the tasks of the Director, the Director Administrative Board and the Board of the tasks of the Director, the Director

shall neither seek nor follow any Regulators in relation to the tasks of shall neither seek nor follow any

instruction from any government, from the Director, the Director shall neither instruction from any government, from

the Union institutions, or from any seek nor follow any instruction from the Union institutions , or from any

other public or private entity or person. any government, from the Union other public or private entity or person.

The Director shall be accountable to institutions, or from any other public or The Director shall be accountable to

the Administrative Board. The Director private entity or person. The Director the Administrative Board. The Director

may attend the meetings of the Board shall report to the Administrative may attend the meetings of the Board

of Regulators as an observer. Board. The Director may attend the of Regulators as an observer.

meetings of the Board of Regulators as

an observer.

ANNEX DGE 2B EN

• 2. 

  The Director shall be appointed AM 71 2. The Director shall be appointed by the Administrative Board following 2. The Director shall be appointed by the Administrative Board following a favourable opinion of the Board of by the Administrative Board following a favourable opinion of the Board of Regulators, on the basis of merit as a favourable opinion of the Board of Regulators, on the basis of merit as well as skills and experience relevant Regulators and after approval of the well as skills and experience relevant to the energy sector, from a list of at European Parliament, on the basis of to the energy sector, from a list of at least three candidates proposed by the merit as well as skills and experience least three candidates proposed by the Commission, following an open and relevant to the energy sector, from a Commission, following an open and transparent selection procedure. Before list of at least three candidates transparent selection procedure . appointment, the candidate selected by proposed by the Commission, Before appointment, the candidate the Administrative Board may be following an open and transparent selected by the Administrative Board invited to make a statement before the selection procedure. Before may be invited to make a statement competent committee of the European appointment, the candidate selected by before the competent committee of the Parliament and to answer questions put the Administrative Board shall be European Parliament and to answer by its members. For the purpose of invited to make a statement before the questions put by its members. For the concluding the contract with the competent committee of the European purpose of concluding the contract Director, the Agency shall be Parliament and to answer questions put with the Director, the Agency shall be represented by the Chairman of the by its members. For the purpose of represented by the Chairman of the Administrative Board. concluding the contract with the Administrative Board.

  Director, the Agency shall be represented by the Chairman of the Administrative Board.

ANNEX DGE 2B EN

• 3. 

  The Director’s term of office 3. The Director’s term of office shall be five years. In the course of the shall be five years. In the course of the nine months preceding the end of that nine months preceding the end of that period, the Commission shall period, the Commission shall undertake an assessment. In the undertake an assessment. In the assessment, the Commission shall assessment, the Commission shall examine in particular: examine in particular: (a) the performance of the Director; (a) the performance of the Director; (b) the Agency’s duties and (b) the Agency’s duties and requirements in the following years. requirements in the following years. 4. The Administrative Board, 4. The Administrative Board, acting on a proposal from the acting on a proposal from the Commission, after having consulted Commission, after having consulted and given the utmost consideration to and given the utmost consideration to the assessment and the opinion of the the assessment and the opinion of the Board of Regulators on that assessment Board of Regulators on that assessment and only in those cases where it can be and only in those cases where it can be justified by the duties and requirements justified by the duties and requirements of the Agency, may extend once the of the Agency, may extend once the term of office of the Director by no term of office of the Director by no more than five years. A Director whose more than five years. A Director whose term of office has been extended may term of office has been extended may not participate in another selection not participate in another selection procedure for the same post at the end procedure for the same post at the end of the extended period. of the extended period. 5. The Administrative Board shall 5. The Administrative Board shall inform the European Parliament of its inform the European Parliament of its intention to extend the Director’s term intention to extend the Director’s term of office. Within one month before the of office. Within one month before the extension of his term of office, the extension of his term of office, the Director may be invited to make a Director may be invited to make a statement before the competent statement before the competent committee of the Parliament and to committee of the Parliament and to answer questions put by the members answer questions put by the members of that committee. of that committee.

ANNEX DGE 2B EN

• 6. 

  If his term of office is not 6. If his term of office is not extended, the Director shall remain in extended, the Director shall remain in office until the appointment of his office until the appointment of his successor. successor. 7. The Director may be removed 7. The Director may be removed from office only upon a decision of the from office only upon a decision of the Administrative Board, after having Administrative Board, after having obtained a favourable opinion of the obtained a favourable opinion of the Board of Regulators. The Board of Regulators. The Administrative Board shall reach that Administrative Board shall reach that decision on the basis of a two-thirds decision on the basis of a two-thirds majority of its members. majority of its members. 8. The European Parliament and 8. The European Parliament and the Council may call upon the Director the Council may call upon the Director to submit a report on the performance to submit a report on the performance of his duties. The European Parliament of his duties. The European Parliament may also invite the Director to make a may also invite the Director to make a statement before its competent statement before its competent committee and answer questions put by committee and answer questions put by the members of that committee. the members of that committee.

  Article 25 Tasks of the Director The Director shall: The Director shall: (a) be the legal representative of the (a) be the legal representative of Agency and shall be in charge of its the Agency and shall be in charge of day-to-day management; its day-to-day management; (b) prepare the work of the (b) prepare the work of the Administrative Board. He shall Administrative Board. He shall participate, without having the right to participate, without having the right to vote, in the work of the Administrative vote, in the work of the Administrative Board. The Director shall be Board. The Director shall be responsible for implementing the responsible for implementing the decisions adopted by the decisions adopted by the Administrative Board; Administrative Board;

ANNEX DGE 2B EN

(c) draft, adopt and publish AM 72 (c) draft, consult upon , adopt and opinions, recommendations and (c) draft, adopt and publish publish opinions, recommendations decisions. Opinions, recommendations opinions, recommendations and and decisions. Opinions, and decisions referred to in Articles 3 decisions. Opinions, recommendations recommendations and decisions to 11 and 14 , shall only be adopted if and decisions referred to in Articles 3 referred to in Articles 3 to 11, 12(c), they, have received a favourable to 11 and Article 14 shall only be 13(a)-(c), [] 14, 16(3a), 30 and 43 opinion of the Board of Regulators; adopted if they have received a shall only be adopted [] with a

favourable opinion of the Board of favourable opinion of the Board of

Regulators; Regulators. Before submitting draft

recommendations, opinions or

decisions to a vote by the Board of

Regulators, the Director shall send

the draft recommendations, opinions

or decisions to the relevant working

group. The Director:

• i. 

  shall take the comments and

amendments of the Board of

Regulators into account;

• ii. 

  may withdraw the submitted draft

opinions, recommendations and

decisions subject to a duly justified

written reasoning in case of

disagreement with the amendments

submitted by the Board of

Regulators;

(d) be responsible for implementing (d) be responsible for implementing

the annual work programme of the the annual work programme of the

Agency under the guidance of the Agency under the guidance of the

Board of Regulators and under the Board of Regulators and under the

administrative control of the administrative control of the

Administrative Board ; Administrative Board;

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(e) take the necessary measures, in (e) take the necessary measures, in particular as regards adopting internal particular as regards adopting internal administrative instructions and administrative instructions and publishing notices, to ensure the publishing notices, to ensure the functioning of the Agency in functioning of the Agency in accordance with this Regulation; accordance with this Regulation; (f) each year prepare a draft work AM 73 (f) each year prepare a draft work programme of the Agency for the (f) each year prepare a draft programme document of the Agency following year, and shall, after the programming document of the containing multi-annual adoption of the draft by the Agency, containing multi-annual programming and the annual work Administrative Board submit it to the programming and the annual work programme for the following year in Board of Regulators, to the European programme for the following year in accordance with Article 21. The Parliament and to the Commission by accordance with Article 21. The Director [] shall , after the adoption of 31 January every year. The Director Director shall be responsible for the draft by the Administrative Board shall be responsible for implementing implementing the programming submit it to the Board of Regulators, to the programming document and document and reporting to the the Council, to the European reporting to the Administrative Board Administrative Board of its Parliament and to the Commission by of its implementation; implementation; 31 [] October every year. The Director

shall be responsible for implementing the programming document and reporting to the Administrative Board of its implementation;

(g) draw up a provisional draft (g) draw up a provisional draft estimate of the Agency pursuant to estimate of the Agency pursuant to Article 33(1) and shall implement the Article 33(1) and shall implement the budget of the Agency in accordance budget of the Agency in accordance with Article 34 and 35.; with Article 34 and 35.; (h) prepare each year and submit to (h) prepare each year and submit to the Administrative Board a draft the Administrative Board a draft annual report including an independent annual report including an independent section on the regulatory activities of section on the regulatory activities of the Agency and a section on financial the Agency and a section on financial and administrative matters; and administrative matters;

ANNEX DGE 2B EN

(i) prepare an action plan (i) prepare an action plan following-up conclusions of internal or following-up conclusions of internal or external audit reports and evaluations, external audit reports and evaluations, as well as investigations by the as well as investigations by the European Anti-fraud Office (OLAF) European Anti-fraud Office (OLAF) and report on progress twice a year to and report on progress twice a year to the Commission and regularly to the the Commission and regularly to the Administrative Board; Administrative Board; (j) be responsible for deciding AM 74 (j) be responsible for deciding whether it is necessary for the purpose (k) be responsible for deciding whether it is necessary for the purpose of carrying out the Agency's tasks in an whether it is necessary for the purpose of carrying out the Agency's tasks in an efficient and effective manner to locate of carrying out the Agency's tasks in an efficient and effective manner to locate one or more staff in one or more efficient and effective manner to locate one or more staff in one or more Member States. The decision to one or more staff in one or more Member States. Before deciding to establish a local office requires the Member States for the purpose of establish a local office the Director prior consent of the Commission, the carrying out the Agency's tasks in an shall seek the opinion of the Member Administrative Board and the Member efficient and effective manner. The States concerned, including the State or Member States concerned. The decision to establish a local office Member State where the seat of the decision shall specify the scope of the requires the prior consent of the Agency is located, and obtain the activities to be carried out at that local Administrative Board. The decision prior consent of the Commission and office in a manner that avoids shall specify the scope of the activities the Administrative Board. In cases unnecessary costs and duplication of to be carried out at that local office in a of disagreement during the administrative functions of the manner that avoids unnecessary costs consultation process between the Agency. and duplication of administrative Director and the Member States

functions of the Agency; concerned the issue shall be brought

to the Council for discussion. [] The

decision, based on an appropriate

cost-benefit analysis, shall specify the

scope of the activities to be carried out

at that local office in a manner that

avoids unnecessary costs and

duplication of administrative functions

of the Agency.

ANNEX DGE 2B EN

AM 75 (k a) (new) with respect to the staff of the Agency, exercise the powers referred to in Article 39(3). Article 26 Creation and composition of the Board of Appeal

• 1. 

  The Agency shall establish a 1. The Agency shall establish a

Board of Appeal. Board of Appeal.

• 2. 

  The Board of Appeal shall be 2. The Board of Appeal shall be composed of six members and six composed of six members and six alternates selected from among current alternates selected from among current or former senior staff of the national or former senior staff of the national regulatory authorities, competition regulatory authorities, competition authorities or other national or Union authorities or other national or Union institutions with relevant experience in institutions with relevant experience in the energy sector. The Board of Appeal the energy sector. The Board of Appeal shall designate its Chairman. shall designate its Chairman. The members of the Board of Appeal The members of the Board of Appeal shall be formally appointed by the shall be formally appointed by the Administrative Board, on a proposal Administrative Board, on a proposal from the Commission, following a from the Commission, following a public call for expression of interest, public call for expression of interest, and after consulting the Board of and after consulting the Board of Regulators. Regulators. 3. The Board of Appeal shall adopt 3. The Board of Appeal shall adopt and publish its rules of procedure. and publish its rules of procedure. Those rules shall set out in detail the Those rules shall set out in detail the arrangements governing the arrangements governing the organisation and functioning of the organisation and functioning of the Board of Appeal and the rules Board of Appeal and the rules applicable to appeals before the Board, applicable to appeals before the Board, pursuant to Article 29. The Board of pursuant to Article 29. [] The Board of Appeal shall submit to the Commission Appeal shall adopt and publish its rules its draft rules of procedure. The of procedure within [] six months after Commission shall deliver an opinion its first meeting []

ANNEX DGE 2B EN

on the draft rules of procedure within three months from the date of receipt of the rules. The Board of Appeal shall adopt and publish its rules of procedure within two months after receipt of the Commission's opinion.

Any subsequent substantial changes to the rules of procedure shall be notified to the Commission. The Commission shall subsequently deliver an opinion on those changes.

The budget of the Agency shall The budget of the Agency shall comprise a separate budget line for the comprise a separate budget line for the financing of the functioning of the financing of the functioning of the registry for the Board of Appeal. registry for the Board of Appeal. 4. The decisions of the Board of 4. The decisions of the Board of Appeal shall be adopted on the basis of Appeal shall be adopted on the basis of a qualified majority of at least four of a qualified majority of at least four of its six members. The Board of Appeal its six members. The Board of Appeal shall be convened when necessary. shall be convened when necessary.

Article 27 Members of the Board of Appeal 1. The term of office of the 1. The term of office of the members of the Board of Appeal shall members of the Board of Appeal shall be five years. That term shall be be five years. That term shall be renewable once. renewable once. 2. The members of the Board of 2. The members of the Board of Appeal shall be independent in making Appeal shall be independent in making their decisions. They shall not be their decisions. They shall not be bound by any instructions. They shall bound by any instructions. They shall not perform any other duties in the not perform any other duties in the Agency, in its Administrative Board or Agency, in its Administrative Board or in its Board of Regulators or in any of in its Board of Regulators or in any of its Working Groups. A member of the its Working Groups. A member of the Board of Appeal shall not be removed Board of Appeal shall not be removed

ANNEX DGE 2B EN

during his term of office, unless he has during his term of office, unless he has been found guilty of serious been found guilty of serious misconduct, and the Administrative misconduct, and the Administrative Board, after consulting the Board of Board, after consulting the Board of Regulators, takes a decision to that Regulators, takes a decision to that effect. effect.

Article 28 Exclusion and objection in the Board of Appeal 1. Members of the Board of 1. Members of the Board of Appeal shall not take part in any Appeal shall not take part in any appeal proceedings if they have any appeal proceedings if they have any personal interest therein, or if they personal interest therein, or if they have previously been involved as have previously been involved as representatives of one of the parties to representatives of one of the parties to the proceedings, or if they participated the proceedings, or if they participated in the decision under appeal. in the decision under appeal. 2. A member of the Board of 2. A member of the Board of Appeal shall inform the Board in the Appeal shall inform the Board in the event that , for one of the reasons event that , for one of the reasons referred to in paragraph 1 or for any referred to in paragraph 1 or for any other reason, he considers that a fellow other reason, he considers that a fellow member should not take part in any member should not take part in any appeal proceedings. Any party to the appeal proceedings. Any party to the appeal proceedings may object to the appeal proceedings may object to the participation of a member of the Board participation of a member of the Board of Appeal on any of the grounds of Appeal on any of the grounds referred to in paragraph 1 , or in case referred to in paragraph 1 , or in case of suspected bias. Such an objection of suspected bias. Such an objection shall be inadmissible if it is based on shall be inadmissible if it is based on the nationality of a member or if, while the nationality of a member or if, while being aware of a reason for objecting, being aware of a reason for objecting, the objecting party to the appeal the objecting party to the appeal proceedings has taken a procedural proceedings has taken a procedural step in the appeal proceedings other step in the appeal proceedings other than objecting to the composition of than objecting to the composition of the Board of Appeal. the Board of Appeal.

ANNEX DGE 2B EN

• 3. 

  The Board of Appeal shall 3. The Board of Appeal shall decide on the action to be taken in the decide on the action to be taken in the cases specified in paragraphs 1 and 2 cases specified in paragraphs 1 and 2 without the participation of the without the participation of the member concerned. For the purpose of member concerned. For the purpose of taking that decision, the member taking that decision, the member concerned shall be replaced on the concerned shall be replaced on the Board of Appeal by his alternate. If the Board of Appeal by his alternate. If the alternate finds himself in a similar alternate finds himself in a similar situation to that of the member, the situation to that of the member, the Chairman shall designate a Chairman shall designate a replacement from among the available replacement from among the available alternates. alternates. 4. The members of the Board of 4. The members of the Board of Appeal shall undertake to act Appeal shall undertake to act independently and in the public independently and in the public interest. For that purpose, they shall interest. For that purpose, they shall make a written declaration of make a written declaration of commitments and a written declaration commitments and a written declaration of interests indicating either the of interests indicating either the absence of any interest which may be absence of any interest which may be considered prejudicial to their considered prejudicial to their independence or any direct or indirect independence or any direct or indirect interest which might be considered interest which might be considered prejudicial to their independence. prejudicial to their independence. Those declarations shall be made Those declarations shall be made public annually. public annually.

ANNEX DGE 2B EN

Article 29 Decisions subject to appeal 1. Any natural or legal person, 1. Any natural or legal person, including national regulatory including national regulatory authorities, may appeal against a authorities, may appeal against a decision referred to in Articles 4 to 14 decision referred to in Articles 4 to 14 of this Regulation and in Article 12(6) of this Regulation and in Article 12(6) of Regulation (EU) No 347/2013 i of the of Regulation (EU) No 347/2013 i of the European Parliament and of the European Parliament and of the Council as well as in Article 9(11) of Council as well as in Article 9(11) of Commission Regulation (EU) Commission Regulation (EU) 2015/1222 which is addressed to that 2015/1222 which is addressed to that person, or against a decision which, person, or against a decision which, although in the form of a decision although in the form of a decision addressed to another person, is of addressed to another person, is of direct and individual concern to that direct and individual concern to that person. person. 2. The appeal, including the 2. The appeal, including the statement of the grounds for appeal, statement of the grounds for appeal , shall be filed in writing at the Agency shall be filed in writing at the Agency within two months from the within two months from the notification of the decision to the notification of the decision to the person concerned, or, in the absence person concerned, or, in the absence thereof, within two months from the thereof, within two months from the day on which the Agency published its day on which the Agency published its decision. The Board of Appeal shall decision. The Board of Appeal shall decide upon the appeal within four decide upon the appeal within four months of the lodging of the appeal. months of the lodging of the appeal. 3. An appeal lodged pursuant to 3. An appeal lodged pursuant to paragraph 1 shall not have suspensory paragraph 1 shall not have suspensory effect. The Board of Appeal may, effect. The Board of Appeal may, however, if it considers that however, if it considers that circumstances so require, suspend the circumstances so require, suspend the application of the contested decision. application of the contested decision.

ANNEX DGE 2B EN

• 4. 

  If the appeal is admissible, the 4. If the appeal is admissible, the

Board of Appeal shall examine Board of Appeal shall examine whether it is well-founded. It shall whether it is well-founded. It shall invite the parties as often as necessary invite the parties as often as necessary to the appeal proceedings to file to the appeal proceedings to file observations on notifications issued by observations on notifications issued by itself or on communications from the itself or on communications from the other parties to the appeal proceedings, other parties to the appeal proceedings, within specified time limits. Parties to within specified time limits. Parties to the appeal proceedings shall be entitled the appeal proceedings shall be entitled to make an oral presentation. to make an oral presentation. 5. The Board of Appeal may AM 76 5. The Board of Appeal may exercise any power which lies within 5. The Board of Appeal may exercise any power which lies within the competence of the Agency, or it confirm the decision, or it may remit the competence of the Agency, or it may remit the case to the competent the case to the competent body of the may remit the case to the competent body of the Agency. The latter shall be Agency. The latter shall be bound by body of the Agency. The latter shall be bound by the decision of the Board of the decision of the Board of Appeal. bound by the decision of the Board of Appeal. Appeal. 6. The decisions taken by the 6. The decisions taken by the Board of Appeal shall be published by Board of Appeal shall be published by the Agency. the Agency.

AM 77 Article 29 a (new) Actions before the Court of Justice Actions for the annulment of a decision issued by the Agency pursuant to this Regulation and for failure to act within the applicable time limits, may be brought before the Court of Justice of the European Union only after exhaustion of the appeal procedure referred to in Article 29. The Agency shall take all necessary measures to comply with the judgment of the Court of Justice of the European Union.

ANNEX DGE 2B EN

Article 30 Working groups 1. Where justified and in particular AM 78 1. [] The Administrative Board to support the regulatory work of the 1. Where justified and in particular shall establish working groups for Director and of the Board of to support the regulatory work of the the tasks referred to in Articles 5, 6, Regulators on regulatory issues, the Director and of the Board of 8(2a), 10 and 43. For all other tasks Administrative Board may establish Regulators on regulatory issues, the the Administrative Board [] shall working groups. Director and the Board of Regulators establish working groups following a

may, jointly, establish working groups. favourable opinion by the Board of

Regulators. The removal of a

working group shall be subject to a

favourable opinion of the Board of

Regulators.

• 2. 

  The working groups shall be AM 79 2. The working groups shall be

composed of experts from the staff of 2. The working groups shall be composed of experts from the staff of

the Agency, from national regulatory composed of experts from the staff of the Agency, from national regulatory

authorities and from the Commission, the Agency and from national authorities and, as necessary, from the

as necessary. The Agency shall not be regulatory authorities. Experts from Commission []. The Agency shall not

responsible for the costs of the the Commission shall participate as be responsible for the costs of the

participation of experts from the staff observers, if necessary. The Agency participation of experts from the staff

of national regulatory authorities in the shall not be responsible for the costs of of national regulatory authorities in the

Agency working groups. the participation of experts from the Agency working groups. Working

staff of national regulatory authorities groups which are set up to carry out

in the Agency working groups. the activities according to this

Regulation shall take into

consideration the views from experts

from other relevant national

authorities where these authorities

are competent.

ANNEX DGE 2B EN

• 3. 

  The Administrative Board shall AM 80 3. The Administrative Board, adopt and publish internal rules of 3. The Director, after consulting following a favourable opinion by procedure for the functioning of the the Board of Regulators, shall adopt the Board of Regulators, shall adopt working groups. and publish internal rules of procedure and publish internal rules of procedure

  for the functioning of the working for the functioning of the working groups. groups. The Director, following a favourable opinion by the Board of Regulators, shall appoint working group chairs. AM 81 3a. The Agency Working Groups 3 a. (new) The working groups shall shall carry out the activities assigned carry out the activities assigned to to them in the programming them in the programming document document adopted pursuant to adopted pursuant Article 21. Article 20(1)(e) and any activities assigned to them by the Board of Regulators and the Director. CHAPTER III ESTABLISHMENT AND STRUCTURE OF THE BUDGET Article 31 Structure of the budget

• 1. 

  Without prejudice to other 1. Without prejudice to other resources the revenues of the Agency resources the revenues of the Agency shall be made up of: shall be made up of : (a) a contribution from the Union ; (a) a contribution from the Union ; (b) fees paid to the Agency pursuant (b) fees paid to the Agency pursuant to Article 32 ; to Article 32 ; (c) any voluntary contributions AM 82 (c) any voluntary contributions from the Member States or from the (c) any voluntary contributions from the Member States or from the regulatory authorities, under Article from the Member States or from the regulatory authorities, under Article 20(1)(g); regulatory authorities, under Article 20(1)(g);

  20(1)(g), without compromising the Agency's neutrality or independence;

ANNEX DGE 2B EN

(d) legacies, donations or grants (d) legacies, donations or grants under Article 20(1)(g). under Article 20(1)(g). 2. The expenditure of the Agency 2. The expenditure of the Agency shall include staff, administrative, shall include staff, administrative, infrastructure, and operational infrastructure, and operational expenses. expenses. 3. The revenue and expenditure of 3. The revenue and expenditure of the Agency shall be in balance. the Agency shall be in balance. 4. All revenue and expenditure of 4. All revenue and expenditure of the Agency shall be the subject of the Agency shall be the subject of forecasts for each financial year, forecasts for each financial year, coinciding with the calendar year, and coinciding with the calendar year, and shall be entered in its budget. shall be entered in its budget.

AM 83 4a. (new) The revenue received by the Agency shall not compromise its independence or objectivity. Article 32 Fees

• 1. 

  Fees shall be due to the Agency AM 84 1. Fees shall be due to the Agency for requesting an exemption decision 1. Fees shall be due to the Agency for the following: pursuant to Article 11 and for for the following: decisions on cross border cost allocation provided by the Agency pursuant to Article 12 of Regulation

(EU) No 347/2013 1 .

ANNEX DGE 2B EN

(a) exemption decisions pursuant to (a) requesting an exemption Article 11(1) and decisions on cross decision pursuant to Article 11 and for border cost allocation provided by the decisions on cross border cost Agency pursuant to Article 12 of allocation provided by the Agency Regulation (EU) No 347/2013 i 1 ; pursuant to Article 12 of Regulation ___ (EU) No 347/2013 1 (b) registrations as reporting party (b) registration of market pursuant to Article 8 of Regulation participants or entities acting on (EU) 1227/2011; their behalf pursuant to Article 8 of Regulation (EU) 1227/2011 i including ongoing costs of collecting, handling, processing and analysing of information pursuant to this registration. (c) the oversight of activities and of the cooperation of transmission and distribution system operators, including through the ENTSO for Electricity, the ENTSO for Gas, and the EU DSO entity.

• 2. 

  The fees referred to in paragraph AM 85 2. The fees referred to in paragraph

1 shall be set by the Commission. 2. The fees referred to in paragraph 1, and the way in which they are to

1 shall be set by the Commission after be paid, shall be set by the consulting the Administrative Board. Commission after a public The Commission shall determine the consultation and after consulting the level of the fees and charges and the Administrative Board and the Board manner in which they are to be paid. of Regulators. The fees shall be The level of the fees and charges shall proportionate to the costs of the be fixed such as to ensure that the respective services provided in a revenue in respect thereof is sufficient cost-effective way. They shall be to cover the full cost of the services fixed at such a level as to ensure that delivered. The Commission shall they are non-discriminatory and evaluate, when necessary, the level of that undue financial or

1 OJ L 115, 25.4.2013, p. 39.

ANNEX DGE 2B EN

the fees and charges in light of the administrative burden on market need to impose such fees and charges. participants or entities acting on their behalf is avoided. The Commission shall regularly reexamine the level of fees on the basis of an evaluation and, if necessary, adapt the level of fees and the way in which they are to be paid. Article 33 Establishment of the budget

• 1. 

  Each year, the Director shall 1. Each year, the Director shall draw up a provisional draft estimate draw up a provisional draft estimate covering the operational expenditure covering the operational expenditure and the programme of work anticipated and the programme of work anticipated for the following financial year, and for the following financial year, and shall forward that provisional draft shall forward that provisional draft estimate to the Administrative Board, estimate to the Administrative Board, together with a list of provisional together with a list of provisional posts. posts.

  AM 86 1a. (new) The provisional draft estimate shall be based on the objectives and expected results of the annual programming document referred to in Article 21(1) and shall take into account the financial resources necessary to achieve those objectives and expected results, in accordance with the principle of performance-based budgeting.

ANNEX DGE 2B EN

• 2. 

  Each year, the Administrative 2. Each year, the Administrative

Board shall, on the basis of the Board shall, on the basis of the provisional draft estimate prepared by provisional draft estimate prepared by the Director, adopt a provisional draft the Director, adopt a provisional draft estimate of revenue and expenditure of estimate of revenue and expenditure of the Agency for the following financial the Agency for the following financial year. year. 3. The provisional draft estimate, 3. The provisional draft estimate, including a draft establishment plan, including a draft establishment plan, shall be transmitted by the shall be transmitted by the Administrative Board to the Administrative Board to the Commission by 31 January each year. Commission by 31 January each year . Prior to adoption of the estimate, the Prior to adoption of the estimate, the draft prepared by the Director shall be draft prepared by the Director shall be transmitted to the Board of Regulators, transmitted to the Board of Regulators, which may deliver a reasoned opinion which may deliver a reasoned opinion on the draft. on the draft. 4. The estimate referred to in 4. The estimate referred to in paragraph 2 shall be transmitted by the paragraph 2 shall be transmitted by the Commission to the European Commission to the European Parliament and to the Council , Parliament and to the Council , together with the draft general budget together with the draft general budget of the Union. of the Union. 5. On the basis of the draft 5. On the basis of the draft estimate, the Commission shall enter estimate, the Commission shall enter into the draft general budget of the into the draft general budget of the Union the estimates it considers Union the estimates it considers necessary in respect of the necessary in respect of the establishment plan and the amount of establishment plan and the amount of the grant to be charged to the general the grant to be charged to the general budget of the Union in accordance budget of the Union in accordance with Article 313 and following of the with Article 313 and following of the Treaty. Treaty.

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• 6. 

  The Council in its budgetary 6. The Council in its budgetary authority role shall adopt the authority role shall adopt the establishment plan for the Agency. establishment plan for the Agency. 7. The budget of the Agency shall 7. The budget of the Agency shall be adopted by the Administrative be adopted by the Administrative Board. It shall become final after the Board. It shall become final after the final adoption of the general budget of final adoption of the general budget of the Union. Where necessary, it shall be the Union. Where necessary, it shall be adjusted accordingly. adjusted accordingly. 8. Any modification to the budget, 8. Any modification to the budget, including the establishment plan, shall including the establishment plan, shall follow the same procedure. follow the same procedure.

  AM 87 8a. (new) By ... [12 months after the date of entry into force of this Regulation], the Commission shall evaluate the Agency’s assigned budget with the aim of securing adequate funding and human resources allowing the Agency to fulfil its role of working towards an internal energy market and contributing to energy security to the benefit of consumers in the Union. The Commission shall, if appropriate, submit proposals to amend the Agency’s budget.

• 9. 

  The Administrative Board shall, 9. The Administrative Board shall, without delay, notify the budgetary without delay, notify the budgetary authority of its intention to implement authority of its intention to implement any project which may have significant any project which may have significant financial implications for the funding financial implications for the funding of the budget of the Agency, in of the budget of the Agency, in particular any project relating to particular any project relating to property . The Administrative Board property . The Administrative Board

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shall also inform the Commission of its shall also inform the Commission of its intention. If either branch of the intention. If either branch of the budgetary authority intends to issue an budgetary authority intends to issue an opinion, it shall, within two weeks of opinion, it shall, within two weeks of receipt of the information on the receipt of the information on the project, notify the Agency of its project, notify the Agency of its intention thereof. In the absence of a intention thereof. In the absence of a reply, the Agency may proceed with reply, the Agency may proceed with the planned project. the planned project.

Article 34 Implementation and control of the budget 1. The Director shall act as 1. The Director shall act as authorising officer and shall implement authorising officer and shall implement the Agency’s budget. the Agency’s budget.

• 2. 

  By 1 March following the 2. By 1 March following the completion of each financial year, the completion of each financial year, the Agency accounting officer shall Agency accounting officer shall forward to the Commission’s forward to the Commission’s accounting officer and the Court of accounting officer and the Court of Auditors the provisional accounts, Auditors the provisional accounts, accompanied by the report on accompanied by the report on budgetary and financial management budgetary and financial management over the financial year. The Agency’s over the financial year. The Agency’s accounting officer shall also send the accounting officer shall also send the report on budgetary and financial report on budgetary and financial management to the European management to the European Parliament and the Council by 31 Parliament and the Council by 31 March of the following year. The March of the following year. The Commission’s accounting officer shall Commission’s accounting officer shall then consolidate the provisional then consolidate the provisional accounts of the institutions and accounts of the institutions and decentralised bodies in accordance decentralised bodies in accordance with Article 147 of Regulation (EU, with Article 147 of Regulation (EU, Euratom) No 966/2012 of the Euratom) No 966/2012 of the

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European Parliament and of the European Parliament and of the

Council 1 ("the Financial Regulation"). Council 1 ("the Financial Regulation").

Article 35 Presentation of accounts and discharge 1. The Agency's accounting officer 1. The Agency's accounting shall send the provisional accounts for officer shall send the provisional the financial year (year N) to the accounts for the financial year (year N) Commission's Accounting Officer and to the Commission's Accounting to the Court of Auditors by 1 March of Officer and to the Court of Auditors by the following financial year (year N+1) 1 March of the following financial year

(year N+1) 2. The Agency shall send a report 2. The Agency shall send a report on the budgetary and financial on the budgetary and financial management for year N to the management for year N to the European Parliament, the Council, the European Parliament, the Council, the Commission and the Court of Auditors Commission and the Court of Auditors by 31 March of year N+1. by 31 March of year N+1. By 31 March of year N+1 , the By 31 March of year N+1 , the Commission’s accounting officer shall Commission’s accounting officer shall forward the provisional accounts of the forward the provisional accounts of the Agency, to the Court of Auditors. The Agency, to the Court of Auditors. The report on budgetary and financial report on budgetary and financial management over the financial year management over the financial year shall also be forwarded to the shall also be forwarded to the European Parliament and the Council. European Parliament and the Council.

1 Regulation (EU, Euratom ) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

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• 4. 

  After receiving the observations 4. After receiving the observations of the Court of Auditors on the of the Court of Auditors on the provisional accounts of the Agency for provisional accounts of the Agency for year N in accordance with the year N in accordance with the provisions of Article 148 of the provisions of Article 148 of the Financial Regulation, the accounting Financial Regulation, the accounting officer , acting on his own officer , acting on his own responsibility, shall draw up the final responsibility, shall draw up the final accounts of the Agency for that year. accounts of the Agency for that year. The Director shall transmit them, for The Director shall transmit them, for opinion, to the Administrative Board. opinion, to the Administrative Board. 5. The Administrative Board shall 5. The Administrative Board shall deliver an opinion on the final deliver an opinion on the final accounts of the Agency for year N. accounts of the Agency for year N . 6. The Agency's accounting officer 6. The Agency's accounting officer shall transmit the final accounts for shall transmit the final accounts for year N, accompanied by the opinion of year N , accompanied by the opinion the Administrative Board, by 1 July of of the Administrative Board, by 1 July year N+1 , to the European Parliament, of year N+1 , to the European the Council, the Commission and the Parliament, the Council, the Court of Auditors. Commission and the Court of

  Auditors. 7. The final accounts shall be 7. The final accounts shall be published in the Official Journal of the published in the Official Journal of the European Union by 15 November of European Union by 15 November of year N+1. year N+1 . 8. The Director shall send to the 8. The Director shall send to the Court of Auditors a reply to the latter’s Court of Auditors a reply to the latter’s observations by 30 September of year observations by 30 September of year N+1. He shall also send a copy of that N+1 . He shall also send a copy of that reply to the Administrative Board and reply to the Administrative Board and the Commission. the Commission.

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• 9. 

  The Director shall submit to the 9. The Director shall submit to the

European Parliament, at the latter’s European Parliament, at the latter’s request , any information necessary for request , any information necessary for the smooth application of the discharge the smooth application of the discharge procedure for year Nin accordance procedure for year N in accordance with Article 109(3) of Commission with Article 109(3) of Commission Delegated Regulation (EU) No Delegated Regulation (EU) No 1271/2013 i. 1271/2013 . 10. The European Parliament, 10. The European Parliament, following a recommendation by the following a recommendation by the Council, acting by qualified majority, Council, acting by qualified majority, shall, before 15 May of the year N + 2, shall, before 15 May of the year N + 2, grant a discharge to the Director for the grant a discharge to the Director for the implementation of the budget for the implementation of the budget for the financial year N. financial year N.

Article 36 Financial rules The financial rules applicable to the The financial rules applicable to the Agency shall be adopted by the Agency shall be adopted by the Administrative Board after consulting Administrative Board after consulting the Commission. Those rules may the Commission. Those rules may deviate from Commission Delegated deviate from Commission Delegated Regulation (EU) No 1271/2013 i if the Regulation (EU) No 1271/2013 i if the specific operational needs for the specific operational needs for the functioning of the Agency so require functioning of the Agency so require and only with the prior agreement of and only with the prior agreement of the Commission. the Commission.

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Article 37 Combating fraud 1. In order to facilitate combating 1. In order to facilitate combating fraud, corruption and other unlawful fraud, corruption and other unlawful activities under Regulation (EC) No activities under Regulation (EC) No 883/2013 i, within six months from the 883/2013, within six months from the day the Agency becomes operational, day the Agency becomes operational, it shall accede to the Interinstitutional it shall accede to the Interinstitutional Agreement of 25 May 1999 concerning Agreement of 25 May 1999 concerning internal investigations by OLAF and internal investigations by OLAF and adopt appropriate provisions applicable adopt appropriate provisions applicable to all employees of the Agency using to all employees of the Agency using the template set out in the Annex to the template set out in the Annex to that Agreement. that Agreement. 2. The European Court of Auditors 2. The European Court of Auditors shall have the power to carry out an shall have the power to carry out an on-the-spot audit, as well as auditing on-the-spot audit, as well as auditing on the basis of documents, over all on the basis of documents, over all grant beneficiaries, contractors and grant beneficiaries, contractors and subcontractors who have received subcontractors who have received Union funds from the Agency. Union funds from the Agency. 3. OLAF may carry out 3. OLAF may carry out investigations, including on-the-spot investigations, including on-the-spot checks and inspections with a view to checks and inspections with a view to establishing whether there has been establishing whether there has been fraud, corruption or any other illegal fraud, corruption or any other illegal activity affecting the financial interests activity affecting the financial interests of the Union in connection with a grant of the Union in connection with a grant or a contract funded by the Agency, in or a contract funded by the Agency, in accordance with the provisions and accordance with the provisions and procedures laid down in Regulation procedures laid down in Regulation (EC) No 1073/1999 i and Regulation (EC) No 1073/1999 i and Regulation (Euratom, EC) No 2185/96. (Euratom, EC) No 2185/96. 4. Without prejudice to paragraphs 4. Without prejudice to paragraphs 1, 2 and 3, cooperation agreements 1, 2 and 3, cooperation agreements

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with third countries and international with third countries and international organisations, contracts, grant organisations, contracts, grant agreements and grant decisions of the agreements and grant decisions of the Agency shall contain provisions Agency shall contain provisions expressly empowering the European expressly empowering the European Court of Auditors and OLAF to Court of Auditors and OLAF to conduct the audits and investigations conduct the audits and investigations referred to in this Article, according to referred to in this Article, according to their respective competences. their respective competences.

CHAPTER V GENERAL AND FINAL PROVISIONS

Article 38 Privileges and immunities and Headquarters' Agreement 1. The Protocol on Privileges and 1. The Protocol on Privileges and Immunities of the European Immunities of the European Communities shall apply to the Communities shall apply to the Agency. Agency. 2. The necessary arrangements 2. The necessary arrangements concerning the accommodation to be concerning the accommodation to be provided for the Agency in the host provided for the Agency in the host Member State and the facilities to be Member State and the facilities to be made available by that Member State made available by that Member State together with the specific rules together with the specific rules applicable in the host Member State to applicable in the host Member State to the Director, members of the the Director, members of the Administrative Board, Agency staff Administrative Board, Agency staff and members of their families shall be and members of their families shall be laid down in a Headquarters' laid down in a Headquarters' Agreement between the Agency and Agreement between the Agency and the Member State where the seat is the Member State where the seat is located. That agreement shall be located. That agreement shall be concluded after obtaining the approval concluded after obtaining the approval of the Administrative Board. of the Administrative Board.

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Article 39

Staff

• 1. 

  The Staff Regulations of 1. The Staff Regulations of

Officials of the European Union ("the Officials of the European Union ("the

Staff Regulations") and, the Conditions Staff Regulations") and , the

of Employment of Other Servants of Conditions of Employment of Other

the European Union ("the Conditions Servants of the European Union ("the

of Employment") and the rules adopted Conditions of Employment") and the

jointly by the Union institutions for the rules adopted jointly by the Union

purpose of applying the Staff institutions for the purpose of applying

Regulations and the Conditions of the Staff Regulations and the

Employment shall apply to all the staff Conditions of Employment shall apply

of the Agency, including its Director. to all the staff of the Agency, including

its Director.

• 2. 

  The Administrative Board, in 2. The Administrative Board, in

agreement with the Commission, shall agreement with the Commission, shall

adopt appropriate implementing rules, adopt appropriate implementing rules,

in accordance with Article 110 of the in accordance with Article 110 of the

Staff Regulations. Staff Regulations.

• 3. 

  In respect of its staff, the 3. In respect of its staff, the

Agency shall exercise the powers Agency shall exercise the powers

conferred on the appointing authority conferred on the appointing authority

by the Staff Regulations and on the by the Staff Regulations and on the

authority entitled to conclude contracts authority entitled to conclude contracts

by the Conditions of Employment. by the Conditions of Employment.

• 4. 

  The Administrative Board may 4. The Administrative Board may

adopt provisions to allow national adopt provisions to allow national

experts from Member States to be experts from Member States to be

employed on secondment at the employed on secondment at the

Agency. Agency.

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Article 40 Liability of the Agency 1. The Agency's contractual 1. The Agency's contractual liability shall be governed by the law liability shall be governed by the law applicable to the contract in questions. applicable to the contract in questions. Any arbitration clause contained in a Any arbitration clause contained in a contract concluded by the Agency shall contract concluded by the Agency shall be subject to the jurisdicition of the be subject to the jurisdiction of the Court of Justice of the European Court of Justice of the European Union. Union. 2. In the case of non-contractual 2. In the case of non-contractual liability, the Agency shall, in liability, the Agency shall, in accordance with the general principles accordance with the general principles common to the laws of the Member common to the laws of the Member States, make good any damage caused States, make good any damage caused by it or by its staff in the performance by it or by its staff in the performance of their duties. of their duties. 3. The Court of Justice of the 3. The Court of Justice of the European Union shall have jurisdiction European Union shall have jurisdiction in disputes over compensation for in disputes over compensation for damages referred to in paragraph 2. damages referred to in paragraph 2. 4. The personal financial liability 4. The personal financial liability and disciplinary liability of Agency and disciplinary liability of Agency staff towards the Agency shall be staff towards the Agency shall be governed by the relevant provisions governed by the relevant provisions applying to the staff of the Agency. applying to the staff of the Agency.

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Article 41 Transparency and communication 1. Regulation (EC) No 1049/2001 i 1. Regulation (EC) No 1049/2001 i of the European Parliament and of the of the European Parliament and of the Council 1 shall apply to documents held Council 1 shall apply to documents by the Agency. held by the Agency. 2. The Administrative Board shall 2. The Administrative Board shall adopt practical measures for applying adopt practical measures for applying Regulation (EC) No 1049/2001 i . Regulation (EC) No 1049/2001 i . 3. Decisions taken by the Agency 3. Decisions taken by the Agency pursuant to Article 8 of Regulation pursuant to Article 8 of Regulation (EC) No 1049/2001 i may be the subject (EC) No 1049/2001 may be the subject of a complaint to the Ombudsman or of of a complaint to the Ombudsman or of proceedings before the Court of proceedings before the Court of Justice, in accordance with the Justice, in accordance with the conditions laid down in Articles 228 conditions laid down in Articles 228 and 263 of the Treaty respectively. and 263 of the Treaty respectively. 4. The processing of personal data 4. The processing of personal data by the Agency shall be subject to the by the Agency shall be subject to the Regulation (EC) No 45/2001 i 2 . The Regulation (EC) No 45/2001 i 2 . The Administrative Board shall establish Administrative Board shall establish measures for the application of measures for the application of Regulation (EC) No.45/2001 i by the Regulation (EC) No.45/2001 i by the Agency, including those concerning Agency, including those concerning the appointment of the Data Protection the appointment of the Data Protection Officer of the Agency. Those measures Officer of the Agency. Those measures shall be established after consultation shall be established after consultation of the European Data Protection of the European Data Protection Supervisor. Supervisor.

1 Regulation (EC) No 1049/2001 i of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

2 Regulation (EC) No 45/2001 i of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

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• 5. 

  The Agency may engage in 5. The Agency may engage in communication activities on its own communication activities on its own initiative within its field of initiative within its field of competence. The allocation of competence. The allocation of resources to communication activities resources to communication activities shall not be detrimental to the effective shall not be detrimental to the effective exercise of the tasks referred to in exercise of the tasks referred to in Article 3 to 14. Communication Article 3 to 14. Communication activities shall be carried out in activities shall be carried out in accordance with relevant accordance with relevant communication and dissemination communication and dissemination plans adopted by the Administrative plans adopted by the Administrative Board. Board.

  Article 42 Protection of classified and sensitive non-classified information 1. The Agency shall adopt its own 1. The Agency shall adopt its own security rules equivalent to the security rules equivalent to the Commission's security rules for Commission's security rules for protecting European Union Classified protecting European Union Classified Information ("EUCI") and sensitive Information ("EUCI") and sensitive non-classified information, inter alia, non-classified information, inter alia, provisions for the exchange, provisions for the exchange, processing and storage of such processing and storage of such information, as set out in the information, as set out in the Commission Decisions (EU, Euratom) Commission Decisions (EU, Euratom) 2015/443 1 and 2015/444 2 . 2015/443 1 and 2015/444 2 .

1 Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41)

2 Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

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• 2. 

  The Agency may also decide to 2. The Agency may also decide to apply mutatis mutandis the apply mutatis mutandis the Commission's decisions referred to in Commission's decisions referred to in paragraph 1. The security rules of the paragraph 1. The security rules of the Agency shall cover, inter alia, Agency shall cover, inter alia, provisions for the exchange, provisions for the exchange, processing and storage of EUCI and processing and storage of EUCI and sensitive non-classified information. sensitive non-classified information.

  Article 43 Cooperation agreements 1. The Agency shall be open to the 1. The Agency shall be open to the participation of third countries which participation of third countries which have concluded agreements with the have concluded agreements with the Union and which have adopted and are Union and which have adopted and are applying Union law in the field of applying the relevant rules of Union energy and in the fields of environment law in the field of energy, including and competition. notably the rules on independent

  national regulators, third party access to infrastructure and unbundling, energy trading and system operation and consumer participation and protection, as well as the relevant rules [] in the fields of environment and competition. 1a. Subject to conclusion of an agreement to this effect between the Union and third countries referred to in paragraph 1, the Agency may exercise its tasks pursuant to Article 3 to 14 also with regard to third countries if these countries have adopted and are applying the relevant rules pursuant to paragraph 1 and mandated the Agency to coordinate the activities of

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their domestic regulator with regulators from Member States. Only in such cases the references to issues of cross-border character concern borders with third countries, and not borders as between two Member States.

• 2. 

  Under the relevant provisions of 2. Under the relevant provisions of those agreements, arrangements shall those agreements, arrangements shall be made specifying, in particular, the be made specifying, in particular, the nature, scope and procedural aspects of nature, scope and procedural aspects of the involvement of those countries in the involvement of those countries in the work of the Agency, including the work of the Agency, including provisions relating to financial provisions relating to financial contributions and to staff. contributions and to staff. 3. The Administrative Board shall 3. The Administrative Board shall adopt a strategy for relations with third adopt, after having received an countries or international organisations positive opinion by the Board of for which the Agency is competent. Regulators, [] rules of procedures for The Commission shall ensure that the relations with third countries referred Agency operates within its mandate to in paragraph 1 []. The Commission and the existing institutional shall ensure that the Agency operates framework by concluding an within its mandate and the existing appropriate working arrangement with institutional framework by concluding the Agency's Director. an appropriate working arrangement

  with the Agency's Director.

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Article 44 Language arrangements 1. The provisions of Council 1. The provisions of Council Regulation No 1 1 shall apply to the Regulation No 1 2 shall apply to the Agency. Agency. 2. The Administrative Board shall 2. The Administrative Board shall decide on the internal language decide on the internal language arrangements for the Agency. arrangements for the Agency. 3. The translation services required AM 88 3. The translation services required for the functioning of the Agency shall 3. The translation services required for the functioning of the Agency shall be provided by the Translation Centre for the functioning of the Agency shall be provided by the Translation Centre for the Bodies of the European Union. be provided by the Translation Centre for the Bodies of the European Union.

for the Bodies of the European Union or other translation service providers in accordance with the procurement rules and in accordance with the relevant financial rules. Article 45 Evaluation

• 1. 

  No later than five years after the AM 89 1. No later than five years after the entry into force of the present 1. No later than five years after the entry into force of the present Regulation, and every five years entry into force of the present Regulation, and every five years thereafter, the Commission, with the regulation, and every five years thereafter, the Commission, with the assistance of an independent external thereafter, the Commission, with the assistance of an independent external expert, shall carry out an evaluation to assistance of an independent external expert, shall carry out an evaluation to assess the Agency's performance in expert, shall carry out an evaluation to assess the Agency's performance in relation to its objectives, mandate and assess the Agency's performance in relation to its objectives, mandate and tasks. The evaluation shall in particular relation to its objectives, mandate and tasks. The evaluation shall in particular address the possible need to modify the tasks. The evaluation shall in particular address the possible need to modify the mandate of the Agency, and the address the possible need to modify the mandate of the Agency, and the financial implications of any such mandate of the Agency, and the financial implications of any such modification . financial implications of any such modification .

1 Council Regulation No 1 of 15 April 1958 determining the languages to be used by the European Economic Community (OJ 17, 6.10.1958, p. 385).

2 Council Regulation No 1 of 15 April 1958 determining the languages to be used by the European Economic Community (OJ 17, 6.10.1958, p. 385).

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modification, in accordance with the principle of performance-based budgeting.

• 2. 

  Where the Commission AM 90 2. Where the Commission considers that the continuation of the 2. Where the Commission considers that the continuation of the Agency is no longer justified with considers that the continuation of the Agency is no longer justified with regard to its assigned objectives, Agency is no longer justified with regard to its assigned objectives, mandate and tasks, it may propose that regard to its assigned objectives, mandate and tasks, it may propose that this Regulation be amended mandate and tasks, it shall consult the this Regulation be amended accordingly or repealed. Board of Regulators. The Board of accordingly or repealed.

  Regulators shall issue an opinion on the future role of the Agency within 12 months of receiving the Commission request. The Commission, while taking duly into account the opinion of the Board of Regulators, may propose that this Regulation is amended accordingly or repealed.

• 3. 

  The Commission shall submit 3. The Commission shall submit the evaluation findings referred to in the evaluation findings referred to in paragraph 1 together with its paragraph 1 together with its conclusions to the European conclusions to the European Parliament, the Council and to the Parliament, the Council and to the Agency’s Board of Regulators. The Agency’s Board of Regulators. The findings of the evaluation should be findings of the evaluation should be made public. made public.

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• 4. 

  The Commission shall present to 4. The Commission shall present the European Parliament and the to the European Parliament and the Council an evaluation at least every Council an evaluation at least every five years. five years. The Commission shall, as

  appropriate, accompany that evaluation by a legislative proposal and shall, as appropriate, take into account the opportunity to confirm and review the tasks involving individual decisions which have been conferred on the Agency in particular through Network Codes and Guidelines and incorporate them in the Regulation.

Article 46

Repeal

Regulation (EC) No 713/2009 i is Regulation (EC) No 713/2009 i is

repealed. repealed.

References to the repealed Regulation References to the repealed Regulation

shall be construed as references to this shall be construed as references to this

Regulation and shall be read in Regulation and shall be read in

accordance with the correlation table in accordance with the correlation table in

Annex II. Annex II.

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Article 47 Entry into force This Regulation shall enter into force This Regulation shall enter into force on the twentieth day following that of on the twentieth day following that of its publication in the Official Journal its publication in the Official Journal of the European Union. of the European Union. This Regulation shall be binding in its This Regulation shall be binding in its entirety and directly applicable in all entirety and directly applicable in all Member States Member States. Done at Brussels, Done at Brussels, For the European Parliament For the European Parliament The President The President For the Council For the Council The President The President

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