170 Amendments of Miroslav POCHE related to 2016/0379(COD)
Amendment 134 #
Proposal for a regulation
Recital 6
Recital 6
(6) More market integration and the change towards a more distributed and volatile electricity production requires increased efforts to coordinate national energy policies with neighbours and to use the opportunities of cross-border electricity trade.
Amendment 136 #
Proposal for a regulation
Recital 7
Recital 7
(7) Regulatory frameworks have developed, allowing electricity to be traded across the Union. That development has been supported by the adoption of several network codes and guidelines for the integration of the electricity markets. Those network codes and guidelines for precise and technically detailed rules with cross-border relevance contain provisions on market rules, system operation and network connection. To ensure full transparency and increase legal certainty, the main principles of market functioning and capacity allocation in the balancing, intraday, day ahead and forward market timeframes should also be adopted pursuant to the ordinary legislative procedure and incorporated in a single act.
Amendment 144 #
Proposal for a regulation
Recital 10
Recital 10
(10) Short-term markets will improve liquidity and competition by enabling more resources to participate fully in the market, especially those that are more flexible. Effective scarcity pricing will encourage market participants to react to market signals and to be available when the market most needs it and ensures that they can recover their costs in the wholesale market. It is therefore critical to ensure that, as far as possible, administrative and implicit price caps are removed to allow scarcity prices to increase up to the value of lost loading. When fully embedded in the market structure, short-term markets and scarcity pricing will contribute to the removal of other market distortive measures, such as capacity mechanisms, to ensure security of supply. At the same time, scarcity pricing without price caps on the wholesale market should not jeopardize the possibility for reliable and stable prices for final customers, in particular households and SMEs.
Amendment 148 #
Proposal for a regulation
Recital 12
Recital 12
(12) The precondition for effective competition in the internal market in electricity is non-discriminatory and, transparent and adequate charges for network use including interconnecting lines in the transmission system. The available capacity of those lines should be set at the maximum levels consistent with the safety standards of secure network operation.
Amendment 151 #
Proposal for a regulation
Recital 14
Recital 14
(14) To efficiently steer necessary investments, prices also need to provide signals where electricity is most needed. In a zonal electricity system, correct locational signals require a coherent, objective and reliable determination of bidding zones via a transparent process involving all relevant stakeholders. In order to ensure efficient operation and planning of the Union electricity network and to provide effective price signals for new generation capacity, demand response or transmission infrastructure, bidding zones should reflect structural congestion. In particular, cross-zonal capacity should not be reduced in order to resolve internbe as stable, liquid and large as possible also taking into account structural congestion.
Amendment 152 #
Proposal for a regulation
Recital 15
Recital 15
(15) Efficient decarbonisation of the electricity system via market integration requiresof renewable energy and the increase of flexibility sources such as flexible generation, interconnection, demand response or storage requires large, liquid and stable bidding zones and systematically abolishing barriers to cross- border trade to overcome market fragmentation and to allow Union energy customers to fully benefit from the advantages of integrated electricity markets and competition.
Amendment 154 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) According to the modelling of the European Commission, reaching the EU’s 2030 climate and energy targets in a cost-effective way would imply a reduction in the use of coal in power generation by 65 percent and a decommissioning of roughly half of the current coal fleet [EU COM 2011, Impact Assessment on EU 2050 Roadmap, “Diversified technologies scenarios”].
Amendment 155 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) It is crucial to put in place an enabling framework for a just transition towards a decarbonised and flexible electricity system. A long-term and consensual framework for the progressive phase-out of carbon-intensive and inflexible generation capacity at national level will allow for a just and gradual transition for employees and regions, for power plant and mining operators and for investors.
Amendment 156 #
Proposal for a regulation
Recital 15 c (new)
Recital 15 c (new)
(15c) A long-term and consensual framework allows Member States to plan ahead at national level for the structural social and economic changes associated with the progressive phase-out of coal for power-generation, since the EU ETS is only addressing cost-effective reductions of greenhouse gas emissions from the power sector, but not the broader social and economic changes associated with retiring coal-generating capacity, particularly where linked to mining activities.
Amendment 157 #
Proposal for a regulation
Recital 15 d (new)
Recital 15 d (new)
(15d) The managed and planned retirement of coal-fired capacity would help to improve the functioning of electricity markets, in addition to benefits for health, clean air and climate protection. The European institutions should support Member States that decide to actively phase down or phase out coal- fired generation, assisting them with the management of the economic and societal costs, particularly for Member States with low GDP per capita.
Amendment 158 #
Proposal for a regulation
Recital 17
Recital 17
(17) The management of congestion problems should provide correct economic signals to transmission system operators and market participants and should be based on market mechanisms. The measures to overcome congestions problems should not negatively impact the liquidity of trade in wholesale markets.
Amendment 159 #
Proposal for a regulation
Recital 24
Recital 24
(24) To better ensure optimum investment in the trans-European grid and address the challenge where viable interconnection projects cannot be built for lack of prioritisation at national level, the use of congestion rents should be reconsidered and only allowed in orderused to guarantee availability and maintain or increase interconnection capacities.
Amendment 160 #
Proposal for a regulation
Recital 26
Recital 26
(26) A robust medium tothodology for the long- term Union level resource adequacy assessment should be carried out by the ENTSO for Electricity to provide an objective basis for the assessment of adequacy concerns at the Union, regional and Member State level. The resource adequacy concern that capacity mechanisms address should be based on the EU assessment. Capacity mechanisms should only be allowed to be introduced if the Union level resource adequacy assessment has identified adequacy concerns.
Amendment 162 #
Proposal for a regulation
Recital 27
Recital 27
(27) The medium tothodology for the long-term resource adequacy assessment (from 10 year-ahead to year-ahead) set out in this regulation has a different purpose than the seasonal outlooks (six months ahead) as set out in Article 9 [Regulation on risk preparedness as proposed by COM(2016) 862]. Medium- to long-term assessments are mainly used to assess the need for capacity mechanismidentify adequacy concerns whereas seasonal outlooks are used to alert to short-term risks that might occur in the following six months that are likely to result in a significant deterioration of the electricity supply situation. In addition, Regional OperCoordinational Centres also carry out regional adequacy assessments as defined in European legislation on electricity transmission system operation. These are very short- term adequacy assessments (from weak- ahead to day- ahead) used in the context of system operation.
Amendment 164 #
Proposal for a regulation
Recital 28
Recital 28
(28) Prior to introducing capacity mechanisms to overcome any adequacy concerns identified by the Union level resource adequacy assessment, Member States should assess regulatory distortions contributing to the related resource adequacy concern. They should be required to adoptdraw up an implementation plan and adopt concrete measures on how to eliminate the identified distortions including a timeline for their implementation. Capacity mechanisms should only be introduced for the residual concerns that cannot be addressed through removing such distortions. The implementation plan should be made public and should be regularly reviewed by the Commission and the Agency.
Amendment 166 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Member States should only introduce capacity mechanisms as a last resort, where adequacy concerns cannot be addressed through the removal of existing market distortions. Before introducing a capacity mechanism which operates within the electricity market and therefore is market-distortive, Member States should evaluate whether strategic reserves would be sufficient to address their adequacy concerns. Strategic reserves are less distortive since they operate only outside the market and only in rare cases when markets can no longer clear, which would lead to financial consequences to market operators not fulfilling their balancing responsibilities and consequently bear a significant cost.
Amendment 167 #
Proposal for a regulation
Recital 29
Recital 29
(29) Member States intending to introduce capacity mechanisms should derive resource adequacy targets following a transparent and verifiable process. Member States should have the freedom to set their own desNational regulatory authorities should set the required level of security of supply.
Amendment 170 #
Proposal for a regulation
Recital 30
Recital 30
(30) Main principles of capacity mechanisms should be laid down in this Regulation, building on the environmental and energy State aid principles and the findings of DG Competition's Sector Inquiry on capacity mechanisms. Capacity mechanisms already in place should be reviewed in light of these principles. In case the European resource adequacy assessment reveals the absence of any adequacy concern, no new capacity mechanism should be established and no new capacity commitments under mechanisms already in place should be made. The application of the State aid control rules pursuant to Articles 107 to 109 TFUE must be complied with at all times.
Amendment 171 #
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) For the further decarbonisation of the electricity system and in line with the 2030 climate and energy framework, capacity mechanisms that operate within the electricity market should apply an emission performance standard in line with the Council conclusions of 16 December 2014 and 25th July2013 where Member States called for the phase-out of subsidies for fossil fuels.
Amendment 172 #
Proposal for a regulation
Recital 30 b (new)
Recital 30 b (new)
(30b) To allow for a fair transition towards a low-carbon electricity system, the emission performance standard should not apply to strategic reserves that operate outside the electricity market and that are only used exceptionally. In this way the most polluting generating installations currently regularly operating on the market could be encouraged to enter strategic reserves.
Amendment 173 #
(31) Detailed rules for facilitating effective cross-border participation in capacity mechanisms other than reserve schemstrategic reserves should be laid down in this regulation. Transmission system operators across the borders should facilitate the participation of interested generators wanting to participate in capacity mechanisms in other Member States. Therefore, they should calculate capacities up to which cross-border participation would be possibletechnically possible taking into account the interconnection capacity between the concerned Member States, enable participation and check availabilities. National regulatory authorities should enforce the cross-border rules in the Member States.
Amendment 175 #
Proposal for a regulation
Recital 32
Recital 32
(32) In view of differences in national energy systems and technical limitations of existing electricity networks, the best and most cost-effective approach to achieving progress in market integration will often be at a regional level. Regional cooperation of transmission system operators should thus be strengthened. In order to ensure efficient cooperation, a new regulatory framework should foresee stronger regional governance and regulatory oversight, including by strengthening the decision- making power of the Agency for cross- border issues. Closer cooperation of Member States could be needed also in crisis situations, to increase security of supply and limit market distortions.
Amendment 177 #
Proposal for a regulation
Recital 33
Recital 33
(33) The coordination between transmission system operators at regional level has been formalised with the mandatory participation of transmission system operators in regional security coordinators, which pursuant to the multilateral agreement on regional operational security coordination. This formalised coordination between transmission system operators at regional level should be transposed to Union legislation within this Regulation. The regional security coordinators should be complemented by an enhanced institutional framework via the establishment ofir upgrade to regional opercoordinational centres. The creation of regional opercoordinational centres should take into account existing regional coordination initiatives and support the increasingly integrated operation of electricity systems across the Union, ensuring their efficient and secure performance.
Amendment 181 #
Proposal for a regulation
Recital 34
Recital 34
(34) The geographical scope of regional opercoordinational centres should allow them to play an effective coordination role by optimising the operations of transmission system operators over larger regions. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 184 #
Proposal for a regulation
Recital 35
Recital 35
(35) Regional opercoordinational centres should carry out functions where their regionalisation brings added value compared to functions performed at national level. The functions of regional operational centres should cover the functions carried out by regional security coordinators as well as additional system operation, market operation and risk preparedness functionsfunctions with regional importance. The functions carried out by regional opercoordinational centres should exclude real time operation of the electricity system.
Amendment 187 #
Proposal for a regulation
Recital 36
Recital 36
(36) Regional opercoordinational centres should primarily act in the interest ofact independently from national interests and from the interests of any market participant. They should act in the interest of the Union, the functioning of the internal electricity market, system and market operationstability of the region over the interests of any single entityand to contribute to the achievement of the EU climate and energy targets. Hence, regional opercoordinational centres should be entrusted with decision-making powers to act and to direct actions to be taken by transmission system operators of the system operation region for certain functions with particular regional importance and with an enhanced advisory role for the remaining functions through recommendations.
Amendment 194 #
Proposal for a regulation
Recital 38
Recital 38
(38) In order to raiincrease efficiencies in the electricity distribution networks in the Union and ensure close cooperation with transmission system operators and ENTSO for electricity, a European entity of distribution system operators in the Union ("EU DSO entity") should be established. The tasks of the EU DSO entity should be well-defined and its working method should ensure independence, neutrality, efficiency, transparency and representativeness amongst the Union distribution system operators. The EU DSO Entity should closely cooperate with ENTSO for Electricity on the preparation and implementation of the network codes where applicable and should work on providing guidance on the integration inter alia of distributed generation and storage in distribution networks, digitalisation of the distribution networks including deployment of smart grids and intelligent metering systems or other areas which relate to the management of distribution networks.
Amendment 195 #
Proposal for a regulation
Recital 38
Recital 38
(38) In order to raise efficiencies in the electricity distribution networks in the Union and ensure close cooperation with transmission system operators and ENTSO for electricity, a European entity of distribution system operators in the Union ("EU DSO entity") should be established. The tasks of the EU DSO entity should be well-defined and its working method should ensure efficiency, transparency and geographical representativeness amongst the Union distribution system operators. The EU DSO Entity should closely cooperate with ENTSO for Electricity on the preparation and implementation of the network codes where applicable and should work on providing guidance on the integration inter alia of distributed generation and storage in distribution networks or other areas which relate to the management of distribution networks.
Amendment 201 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) setting the basis for an efficient achievement of the objectives of the European Energy Union and in particular the climate and energy framework for 203030 by enabling market signals to be delivered for increased efficiency, flexibility, decarbonisation and innovation; _________________ 30 COM/2014/015 final.
Amendment 209 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) setting fundamental principles for well-functioning, integrate cross-border, integrated and liquid electricity markets, which allow non-discriminatory market access for all resource providers and electricity customers, empower consumers, enable demand response and energy efficiency, facilitate aggregation of distributed demand and supply, and contribute to the decarbonisation of the economy by enabling market integration and market- based remuneration of electricity generated from renewable sources;
Amendment 213 #
Proposal for a regulation
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) facilitating the emergence of a well- functioning, liquid and transparent wholesale market withcontributing to a high level of security of supply in electricity. It provides for mechanisms to harmonise the rules for cross-border exchanges in electricity, pursuant to the Capacity Allocation and Congestion Management (CACM) network codes.
Amendment 218 #
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) 'structural congestion' means congestion in the transmission system that is predictable, is geographically stable over time, and is frequently reoccurring under normal power system conditions;
Amendment 221 #
Proposal for a regulation
Article 2 – paragraph 2 – point h
Article 2 – paragraph 2 – point h
(h) 'value of lost load' means an artificial estimation in €/MWh, of the maximum electricity price that customers are willing to pay to avoid an outage;
Amendment 227 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
In order to effectively monitor wholesale market integrity and transparency, the Agency, in close cooperation with thenational regulatory authorities and other national authorities, shall:
Amendment 229 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) monitor wholesale markets, collect data andand share data and establish a European register of market participants in accordance with Article 7 to 912 of Regulation (EU) 1227/201137 ; __________________ 37 Regulation (EU) No 1227/2011 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.
Amendment 241 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Agency, in close cooperation with the Commission, the Member States and the relevant national authorities including the national regulatory authorities and without prejudice to the competences of competition authorities, shall monitor the wholesale and retail markets in electricity and natural gas, in particular the retail prices of electricity and natural gas, compliance with the consumer rights and protections laid down in [recast Electricity Directive as proposed by COM(2016) 864/2] and Directive 2009/73/EC, the impact of market developments on household customers, access to the networks including access of electricity produced from renewable energy sources, potential barriers to cross- border trade, state interventions preventing prices from reflecting actual scarcity, the performance of the Member States in the area of electricity security of supply based on the results of the European resource adequacy assessment as referred to in Article 19 of [recast Electricity Regulation], in particular taking into account the ex-post evaluation referred to in Article 16 of [Risk Preparedness Regulation as proposed by COM(2016) 862] .
Amendment 250 #
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 2
Article 17 – paragraph 4 – subparagraph 2
The Agency may establish local offices in the Member States, subject to their consent and in accordance with Article 25(j).
Amendment 253 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) actions which prevent price formation on the basis of demand and supply or constitute a disincentive to the development of more flexible generation, low carbon generation, or more flexible demand shall be avoided while Member States shall ensure that energy poor or vulnerable customers are sufficiently protected;
Amendment 265 #
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) consumers and small businesses shall be enabled to actively participate in the energy market through demand response and self-generation
Amendment 272 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) market rules shall support the decarbonisation of the electricity system and thus the economy by enabling the integration of electricity from renewable energy sources and providing incentives for energy efficiency;
Amendment 280 #
Proposal for a regulation
Article 19 – paragraph 8
Article 19 – paragraph 8
8. The members of the Administrative Board shall undertake to act independently and objectively in the public interest, without seeking or following any political instructions. For that purpose, each member shall make a written declaration of commitments and a written declaration of interests indicating either the absence of any interest which may be considered prejudicial to his independence or any direct or indirect interest which might be considered prejudicial to his independence. Those declarations shall be made public annually.
Amendment 281 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) (i) barriers to cross-border electricity flows and cross-border transactions on electricity markets and related services markets shall be avoidremoved ;
Amendment 285 #
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) market rules shall provide for strong regional cooperation where effective;
Amendment 292 #
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) market rules shall allow for progress in research and development into sustainable, secure and low-carbon energy sources, technologies or systems to be realized and used to the benefit of society;
Amendment 301 #
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) market rules shall allow for entry and exit of electricity generation and electricity supply undertakings based on their assessment of the economic and financial viability of their operations including possible decommissioning costs;
Amendment 304 #
Proposal for a regulation
Article 3 – paragraph 1 – point m a (new)
Article 3 – paragraph 1 – point m a (new)
(ma) must-run generation of conventional generators shall be limited to the amount that is strictly necessary for the resource adequacy
Amendment 307 #
Proposal for a regulation
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) long-term hedging opportunities, which allow market participants to hedge against price volatility risks on a market basis, and eliminmitigate uncertainty on future returns on investment shall be tradable on exchanges in a transparent manner subject to compliance with EU treaty rules on competition while current products offered on exchanges should be further expanded and promoted at EU level.
Amendment 310 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States shall set out a roadmap with measures to remove existing barriers to the principles outlined in paragraph 1 as part of their 2030 National Energy and Climate Plans.
Amendment 311 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Just transition The European Commission shall support Member States that put in place a national strategy for the progressive reduction of installed coal-fired generating and mining capacity through all available means, including targeted financial support to enable a “just transition” in regions affected by structural change. The Commission shall assist Member States to address the social, skills and industrial impacts of the clean energy transition. The Commission shall work in close partnership with the actors of coal and carbon-intensive regions, provide guidance, in particular for the access to and use of available funds and programmes, and encourage exchange of good practices, including discussions on industrial roadmaps and re-skilling needs, through targeted platforms including through the just transition initiative for workers and communities established in the Governance Regulation.
Amendment 329 #
Proposal for a regulation
Article 23 – paragraph 5 – point a
Article 23 – paragraph 5 – point a
(a) provide opinions to the Director on theall documents containing opinions, recommendations and decisions referred to in Articles 4 to 14, which are considered for adoption. The Board of Regulators may revise and amend the opinions, recommendations and decisions drafted by the Director pursuant to Article 25. In addition, the Board of Regulators, within its field of competence, shall provide guidance to the Director in the execution of his tasks, with the exception of decisiontasks pursuant to Article 16(6) of Regulation 1227/2001138. __________________ 38 Regulation (EU) 1227/2011 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.
Amendment 331 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) demonstration projects for innovative technologies with an installed electricity capacity of less than 500 kW;
Amendment 337 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) generating installations using renewable energy sources or high- efficiency cogeneration with an installed electricity capacity of less than 500 kW; except for electricity from wind energy where an installed capacity of 3MW or 3 generation units applies;
Amendment 339 #
Proposal for a regulation
Article 23 – paragraph 5 – point c
Article 23 – paragraph 5 – point c
(c) in accordance with Article 20(1)(e) and Article 25(f) and in line with the preliminary draft budget established in accordance with Article 33(3)(1 (1) to (3), approve the annual work programme of the Agency (which forms part of the programming document of the Agency in accordance with Article 21(1)) for the coming year and present it by 130 September of each year for adoption by the Administrative Board.
Amendment 344 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) installations benefitting from support approved by the Commission under Union State aid rules pursuant to Articles 107 to 109 TFEU, and commissioned prior to [OP: entry into force]. Member States may, subject to Union state aid rules, incentivize market participants which are fully or partly exempted from balancing responsibility to accept full balancing responsibility against appropriate compensation. Member States shall ensure that balancing responsibility is taken by other market participants for the electricity generated from installations subject to a derogation from balance responsibility.
Amendment 346 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Where Member States do not provide for a derogation from balancing responsibility allowed under paragraph 2, they shall ensure well-functioning markets are established for the delegation of balancing responsibility from small- scale generating installations using renewable sources or high-efficiency cogeneration. In particular, they shall ensure the availability of at least three providers for the delegation of balancing responsibility and transparent, cost- reflective and proportionate pricing.
Amendment 346 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Agency shall be managed by its Director, who shall act in accordance with the guidance referred to in the second sentence of Article 23(5)(a) (1) and, where provided for in this Regulation, the opinions of the Board of Regulators. Without prejudice to the respective roles of the Administrative Board and the Board of Regulators in relation to the tasks of the Director, the Director shall neither seek nor follow any instruction from any government, from the Union institutions, or from any other public or private entity or person. The Director shall be accountable to the Administrative Board. The Director may attend the meetings of the Board of Regulators as an observer.
Amendment 354 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. From 1 January 2026, point (b) of paragraph 2 shall apply only to generating installations using renewable energy sources or high-efficiency cogeneration with an installed electricity capacity of less than 25400 kW.
Amendment 359 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. All market participants, including those providing electricity generated from variable renewable sources and demand side response and storage services shall have full access to the balancing market, be it individually or through aggregation. Balancing market rules and products shall respect the need to accommodate increasing shares of variable generation as well as increased demand responsiveness and the advent of new technologies.
Amendment 370 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Balancing markets shall be organised in such a way as to ensure effective non-discrimination between market participants taking account of the different technical capability of generation from variable renewable sources and demand side response and storage with particular attention paid to small-scale producers of renewable energy.
Amendment 391 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. The procurement of balancing capacity shall be facilitated on a regional level in accordance with point 8 of Annex Iperformed by the transmission system operators. The procurement shall be based on a primary market and organised in such a way as to be non-discriminatory between market participants in the prequalification process individually or through aggregation. The reservation of cross- zonal capacity for the exchange of balancing capacity shall be limited to 5% of the available capacity for the exchange of energy of the previous relevant calendar year between the respective bidding zones.
Amendment 400 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Fees shall be due to the Agency for the following: (a) requesting an exemption decision pursuant to Article 11(1) and fortaking decisions on cross border cost allocation provided by the Agency pursuant to Article 12 of Regulation (EU) No 347/201339. __________________ 39; (b) requesting registration as reporting party pursuant to the third subparagraph of Article 11(1) of Commission Implementing Regulation (EU) No 1348/2014 and ongoing supervision of registered reporting parties by the Agency; (c) overseeing the activities and the cooperation of transmission system operators, including through the ENTSO for Electricity. 1 OJ L 115, 25.4.2013, p. 39. 1a Commission Implementing Regulation (EU) No 1348/2014 of 17 December 2014 on data reporting implementing Article 8(2) and Article 8(6) of Regulation (EU) No 1227/2011 of the European Parliament and of the Council (OJ L 363, 18.12.2014, p. 121). __________________ 39 OJ L 115, 25.4.2013, p. 39. OJ L 115, 25.4.2013, p. 39.
Amendment 402 #
Proposal for a regulation
Article 5 – paragraph 9
Article 5 – paragraph 9
9. The procurement of upward balancing capacity and downward balancing capacity shall be carried out separately. The contracting shall be performed for not longer than one day before the provision of the balancing capacity and the contracting period shall have a maximum of one day.
Amendment 411 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. Where the Commission considers that the continuation of the Agency is no longer justified with regard to its assigned objectives, mandate and tasks, it shall consult the Board of Regulators. Board of Regulators shall issue an opinion on future roles of the Agency within 12 months of receiving the Commission request. Commission, while taking duly into account the opinion of the Board of Regulators, may propose that this Regulation beis amended accordingly or repealed.
Amendment 420 #
Proposal for a regulation
Article 6 – paragraph 2 – point h
Article 6 – paragraph 2 – point h
(h) make no distinction between trades made within a bidding zone and across bidding zonbe based on bidding zones that are as large, stable and liquid as possible across different Member States.
Amendment 426 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Market operators shall be free to develop products and trading opportunities that suit market participants' demand and needs and ensure that all market participants are able to access the market individually or through aggregation. They shall respect the need to accommodate increasing shares of variable generation and storage as well as increased demand responsiveness and the advent of new technologies.
Amendment 427 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Market operators shall allow market participants to trade energy as close to real time as possible and at least up to the intraday cross-zonal gate closure time determined in accordance with Article 59 of Regulation (EU) 2015/122215 minutes before real time across all bidding zones.
Amendment 434 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Market operators shall provide products for trading in day-ahead and intraday markets which are sufficiently small in size, with minimum bid sizes of 1 Mega00 Kilowatt or less, to allow for the effective participation of demand-side response, energy storage and small-scale renewables.
Amendment 442 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. By 1 January 20251, the imbalance settlement period shall be 15 minutes in all control areas.
Amendment 454 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Subject to compliance with treaty rules on competition, mMarket operators shall be free to develop forward hedging products including for the long-term to provide market participants, in particular owners of generation facilities using renewable energy sources, with appropriate possibilities to hedge financial risks from price fluctuations. Member States shall not restrict such hedging activity to trades within a Member State osupport liquidity of such products, in particular already developed exchange- based products, and allow them to be traded on large, cross-border bidding zones.
Amendment 459 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. There shall be no maximum and no minimum limit of the wholesale electricity price unless it is set at the value of lost load as determined in accordance with Article 10. There shall be no minimum limit of the wholesale electricity price unless it is set at a value of minus 2000 € or less and, in the event that it is or anticipated to be reached, set at a lower value for the following day. This provision shall apply, inter alia, to bidding and clearing in all timeframes and include balancing energy and imbalance prices.
Amendment 470 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 473 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Member States shall identify policies and measures applied within their territory that could contribute to indirectly restrict price formation, including limiting bids relating to the activation of balancing energy, capacity mechanisms, measures by the transmission system operators, measures intended to challenge market results or to prevent abuse of dominant positions or inefficiently defined bidding zones.
Amendment 474 #
Proposal for a regulation
Article 10
Article 10
Amendment 499 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. When dispatching electricity generating installations, transmission system operators shall give priority to generating installations using renewable energy sources or high-efficiency cogeneration from small generating installations or generating installations using emerging technologies to the following extentMember States shall provide for provisions that give priority for :
Amendment 511 #
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) generating installations using renewable energy sources or high- efficiency cogeneration with an installed electricity capacity of less than 500 kW; or
Amendment 516 #
Proposal for a regulation
Article 11 – paragraph 2 – point a a (new)
Article 11 – paragraph 2 – point a a (new)
(a a) generating installations using high-efficiency cogeneration with an installed electricity capacity of less than 500 kW; or
Amendment 520 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) generating installations that are demonstration projects for innovative technologies with an installed electricity capacity of less than 500 kW.
Amendment 525 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 529 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Amendment 538 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 544 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Generating installations using renewable energy sources or high- efficiency cogeneration which have been commissioned prior to [OP: entry into force] and have, when commissioned, been subject to priority dispatch under Article 15(5) of Directive 2012/27/EU of the European Parliament and of the Council or Article 16(2) of Directive 2009/28/EC of the European Parliament and of the Council35 shall remain subject to priority dispatch. Priority dispatch shall no longer be applicable from the date where the generating installation is subject to significant modifications, which shall be the case at least where a new connection agreement is required or the generation capacity is increased. _________________ 35 Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, p. 16).
Amendment 557 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
Amendment 570 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The resources curtailed or redispatched shall be selected amongst generation or demand facilities submitting offers for curtailment or redispatching using market-based mechanisms and be financially compensated. Non-market- based curtailment or redispatching of generation or redispatching of demand response shall only be used for operational security reasons and where no market- based alternative is available, where all available market-based resources have been used, or where the number of generation or demand facilities available in the area where suitable generation or demand facilities for the provision of the service are located is too low to ensure effective competition. The provision of market-based resources shall be open to all generation technologies, storage and demand response, including operators located in other Member States unless technically not feasible.
Amendment 586 #
Proposal for a regulation
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) guarantee the capability of transmission and distribution networks to transmit electricity produced from renewable energy sources or high- efficiency cogeneration with minimum possible curtailment or redispatching. That shall not prevent network planning from taking into account limited curtailment or redispatching where this is shown to be more economically efficient and does not exceed 53 % of installed capacities using renewable energy sources or high- efficiency cogeneration in their area;
Amendment 592 #
Proposal for a regulation
Article 12 – paragraph 5 – introductory part
Article 12 – paragraph 5 – introductory part
5. Where non-market-based downward redispatching or curtailment is used, the following principles shall apply:it shall be duly and transparently justified. The justification shall be included in the report under paragraph 3.
Amendment 597 #
Proposal for a regulation
Article 12 – paragraph 5 – point a
Article 12 – paragraph 5 – point a
Amendment 603 #
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
Amendment 610 #
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
(b) generating installations usingelectricity generated in a high- efficiency cogeneration process shall only be subject to downward redispatching or curtailment if, other than curtailment or downward redispatching of generating installations using renewable energy sources, no other alternative exists or if other solutions would result in disproportionate costs or risks to network security;
Amendment 612 #
Proposal for a regulation
Article 12 – paragraph 5 – point c
Article 12 – paragraph 5 – point c
Amendment 614 #
Proposal for a regulation
Article 12 – paragraph 5 – point c
Article 12 – paragraph 5 – point c
Amendment 623 #
Proposal for a regulation
Article 12 – paragraph 5 – point d
Article 12 – paragraph 5 – point d
Amendment 626 #
Proposal for a regulation
Article 12 – paragraph 5 – point d
Article 12 – paragraph 5 – point d
(d) downward redispatching or curtailment under letters a to cb shall be duly and transparently justified. The justification shall be included in the report under paragraph 3.
Amendment 643 #
Proposal for a regulation
Article 12 – paragraph 6 – point b
Article 12 – paragraph 6 – point b
(b) 90 % of the net revenues from the sale of electricity on the day-ahead market that the generating or demand facility would have generated without the curtailment or redispatching request. Where financial support is granted to generating or demand facilities based on the electricity volume generated or consumed, lost financial support shall be deemed part of the net revenues.
Amendment 654 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Bidding zone borders shall be based on long-term, structural congestions in the transmission network and bidding zones shall not contain such congestions. The configuration of bidding zones in the Union shall be designed in such a way as to large, liquid and stable as possible, to foster efficient integration of energy markets, ensure security for investors and maximise economic efficiency and cross- border trading opportunities while maintaining security of supply.
Amendment 656 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. Large bidding zones with liquid and competitive markets ensure the most efficient allocation of resources, maximise economic efficiency and cross-border trading opportunities while maintaining security of supply. Large bidding zones are crucial for the integration of the growing share of renewable energy sources into the grid.
Amendment 657 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 663 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 668 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 680 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 686 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 689 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
Amendment 694 #
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
Amendment 699 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Management of structural congestion within a bidding zone ENTSO for Electricity shall provide a technical report on the bidding zone configuration to the Member States in accordance with Article 34(2) of Regulation (EU) 2015/1222 every 5 years. In case the technical report reveals a long-term structural congestion within one or more bidding zones, the respective Member States shall take all efforts to reduce this congestion to an appropriate level in due time. Where a bidding zone features structural congestion, the affected Member State(s) shall including : (a) accelerate the implementation of network development plans while prioritising congested areas; (b) urge TSOs to accelerate the extension of the grid as much as possible while putting in place appropriate planning and implementation conditions; (c) urge TSOs to maximise the use of existing grids and to upgrade them as much as possible while ensuring system stability; (d) consider technological alternatives, including direct current lines and underground cabling; (e) make full use of joint TSO planning of networks and interconnections across borders and align them; allowing for efficient integration of renewable energy in the internal market; (f) conduct a detailed analysis of the economic effects of a bidding zone split, in particular focusing on market power, liquidity on spot and derivatives markets, and transaction costs.
Amendment 700 #
Proposal for a regulation
Article 13 b (new)
Article 13 b (new)
Amendment 741 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Tariffs shall grant appropriate incentives to transmission and distribution system operators, over both the short and long term, to increase efficiencies, including energy efficiency and strengthening digitalisation, foster market integration and security of supply, and support investments and the related research activities.
Amendment 745 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Where appropriate, the level of the tariffs applied to producers and/or consumers shall provide locational signals at Union level, and take into account tinvestment costs for infrastructure. The amount of network losses and congestion caused, and investment costs for infrastructure that exceed the Union average shall not be recognized as eligible costs and shall not be included in the distribution tariffs applied to consumers.
Amendment 767 #
Proposal for a regulation
Article 16 – paragraph 8
Article 16 – paragraph 8
8. Regulatory authorities shall provide incentives to distribution system operators to procure services for the operation and development of their networks and integrate innovative solutions in the distribution systems, including through the procurement of services. For that purpose regulatory authorities shall recognise as eligible and include all relevant costs in distribution tariffs and introduce performance targets in order to incentivise distribution system operators to raise efficiencies, including energy efficiency and the digitalisation of the distribution networks including the deployment of smart grids and intelligent metering systems, in their networks.
Amendment 790 #
Proposal for a regulation
Article 16 – paragraph 9 b (new)
Article 16 – paragraph 9 b (new)
9b. Regulatory authorities shall adopt a set of indicators for measuring the performance of transmission and distribution system operators, which should at least include all of the following: - volume of curtailed energy in MWh, disaggregated per type of generation source; - percentage of the length of lines operated under dynamic line ratings; - percentage of substations remotely monitored and controlled in real-time; - percentage of the length of lines operated under dynamic line ratings; - losses in high, medium and low-voltage grids; - the frequency and duration of power interruptions on the grid. By [two years after the entry into force of this Regulation], and every two years thereafter, regulatory authorities shall publish a report on the performance of transmission and distribution system operators, together with recommendations for improvement where necessary.
Amendment 796 #
Proposal for a regulation
Article 16 – paragraph 10
Article 16 – paragraph 10
10. Without prejudice to further harmonisation by way of delegated acts pursuant to Article 55(1)(k)the ordinary legislative procedure, regulatory authorities shall takeapply the Agency's recommendation duly into considerationguidelines when approving or fixing transmission tariffs or their methodologies in accordance with Article 59(6)(a) of [recast of Directive 2009/72/EC as proposed by COM(2016) 864/2].
Amendment 805 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point b
Article 17 – paragraph 2 – subparagraph 1 – point b
(b) maintaining or increasing interconnection capacities through network investments, in particular in new interconnectors.
Amendment 809 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
Amendment 818 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Where the objectives set out in points (a) and (b) of the first subparagraph are met, the residual revenues shall be used as income to be taken into account by national regulatory authorities when approving the methodology for calculating network tariffs and/or fixing network tariffs.
Amendment 868 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall publisthat have a resource adequacy concern shall publish a roadmap with a timeline for adopting measures to eliminate any identified regulatory distortions. When addressing resource adequacy concerns Member States shall address the principles in Art. 3 and in particular consider: a) removing regulatory distortions, enabling scarcity pricing, developing interconnection, b) removing existing price caps c) enabling scarcity pricing via free price formation d) increasing interconnection capacity e) allowing for undistorted market access for all market participants f) developing energy storage, g) developing demand side measures andh) investing in energy efficiency.
Amendment 880 #
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. Member States shall submit the roadmap with a timeline for adopting measures to eliminate any identified regulatory distortions to the Commission for review.
Amendment 881 #
Proposal for a regulation
Article 18 – paragraph 3 b (new)
Article 18 – paragraph 3 b (new)
3b. The Commission may decide, within two months of receipt of the roadmap whether the measures are sufficient to eliminate the regulatory distortions and may require Member States to amend the roadmap accordingly.
Amendment 882 #
Proposal for a regulation
Article 18 – paragraph 3 c (new)
Article 18 – paragraph 3 c (new)
Amendment 883 #
Proposal for a regulation
Article 18 – paragraph 3 d (new)
Article 18 – paragraph 3 d (new)
3d. Member States shall submit a report relating to their monitoring of the application of the implementation plan to the Agency for an opinion.
Amendment 884 #
Proposal for a regulation
Article 18 – paragraph 3 e (new)
Article 18 – paragraph 3 e (new)
3e. The Agency shall submit its opinion under paragraph 3.d to the Commission. The Commission shall decide whether the reforms have been sufficiently implemented.
Amendment 888 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The European resource adequacy assessment shall cover the overall adequacy of the electricity system to supply current and projected demands for electricity for a ten-year perioin the Union, within the relevant Member States forming a region and for each Member State one, five and ten years ahead from the date of that assessment, in a yearly resolution.
Amendment 895 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Transmission system operators shall provide the ENTSO for Electricity with the data it needs to carry out, every year, the European resource adequacy assessment. The ENTSO for Electricity shall carry out the assessment every year.
Amendment 932 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Amendment 938 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. When applying capacity mechanisms Member States shall have a reliability standard in place indicating their desrequired level of security of supply in a transparent manner.
Amendment 947 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The reliability standard shall be calculated using the value of lost load and the cost of new entry over a given timeframe.
Amendment 955 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Mechanisms other than strategic reserves shall be open to direct participation of capacity providers located in another Member State provided there is a physical network connection between that Member State and the bidding zone applying the mechanism.
Amendment 1012 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. To address residual concerns that cannot be eliminated by the measures pursuant to Article 18(3), Member States may introduce capacity mechanisms, subject to the provisions of this Article and to the Union State aid rules. Capacity mechanisms other than strategic reserves shall: (a) not create unnecessary market distortions and not limit cross-border trade (b) not go beyond what is necessary to address the adequacy concern (c) select capacity providers by means of a transparent, non-discriminatory and market-based process; (d) be market based and technology neutral (e) be temporary and approved by the Commission for no longer than five years (f) apply capacity products which are issued for not longer than two years (g) provide incentives for capacity providers to be available in times of expected system stress; (h) ensure that the remuneration is determined through a market-based process; (i) set out the required technical conditions for the participation of capacity providers in advance of the selection process; (j) be open to participation of all resources, including renewable energy, storage and demand side management that are capable of providing the required technical performance; (k) apply appropriate penalties to capacity providers when not available in the event of system stress. (l) not be open for generation capacity emitting 550 grCO2/kWh or more at the entry into force of this Regulation. (m) be phased-out or at least phased down to a strategic reserve after a pre-defined period of time, based on the full implementation of the measures outlined in the roadmap pursuant to Article 18 (3)
Amendment 1035 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 1061 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 1110 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Member States applying capacity mechanisms on [OP: entry into force of this Regulation] shall adapt their mechanisms to comply with Articles 18, 21 and 23 of this Regulation within two years after entry into force of this Regulation.
Amendment 1115 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Member States applying capacity mechanisms on [OP: entry into force of this Regulation] shall adapt their mechanisms to comply with Articles 18, 21 and 23 of this Regulation.
Amendment 1121 #
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) elaborate network codes in the areas set out in Article 55(1)for technical details of Union legislative acts providing the general political framework with a view to achieving the objectives set out in Article 25 .
Amendment 1135 #
Proposal for a regulation
Article 27 – paragraph 1 – point j c (new)
Article 27 – paragraph 1 – point j c (new)
(j c) to develop demand response in cooperation with DSOs.
Amendment 1137 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. While preparing the - proposals pursuant to the tasks referred to in Article 27(1) , the ENTSO for Electricity shall conduct an extensive consultation process, at an early stage and in an open and transparent manner, involving all relevant stakeholders , and, in particular, the organisations representing all stakeholders, in accordance with the rules of procedure referred to in Article 26 . That consultation shall also involve national regulatory authorities and other national authorities, supply and generation undertakings, system users including customers, and their representatives,distribution system operators, including relevant industry associations, technical bodies and stakeholder platforms. It shall aim at identifying the views and proposals of all relevant parties during the decision- making process. An Independent Advisory Council of stakeholder representatives, in particular system users and final customers, shall be established to provide independent advice to the Board of the ENTSO for Electricity on: (a) the elaboration of network codes as set out in Article 27(1) (a) (i) the Union wide development plans as set out in Article 27(1)(b) (b) the annual work-programme as set out in Article 27(1)(h) and (c) the annual report as set out in Article 27 (1)(i).
Amendment 1147 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. For the purposes of achieving the goals set in paragraphs 1 and 2 of this Article, the geographical area covered by each regional cooperation structure may be defined by the Commission, taking into account existing regional cooperation structures. Each Member State shall be allowed to promote cooperation in more than one geographical area. The Commission is empowered to adopt delegated acts in accordance with Article 63 concerning the geographical area covered by each regional cooperation structure. For that purpose, the Commission shall consult the regulatory authorities of Member States, the Agency and the ENTSO for Electricity.
Amendment 1153 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. By [OP: twelve months after entry into force], all transmission system operators shall establish regional operational centres in accordance with the criteria set out in this chapter. Rregional coordination centres shall replace regional security coordinators established in accordance with the Commission Regulation establishing a Guideline on Electricity Transmission System Operation pursuant to the criteria set out in this chapter. Regional coordination centers shall cover all the functions of the regional security coordinators established in accordance with Regulation ... [The Commission Regulation establishing a guideline on Electricity Transmission System Operation] by 1 January 2022. All transmission system operators shall adhere to a regional coordination centre. If a region is not covered by an existing or planned regional security coordinator, the transmission system operators of that region shall establish a regional coordination centre. To this effect they shall submit to the regulatory authorities of the region a proposal for the establishment of a regional coordination centre in accordance with the criteria set out in this chapter. The proposal shall include the following requirements: (a) Member State where the regional opercoordinational centres sha will be established inlocated; (b) the organisational, financial and operational arrangements necessary to ensure the efficient, secure and reliable operation of the interritory of one of the Member States of the region where it will operateconnected transmission system; (c) an implementation plan for the entry into operation of the regional coordination centres; (d) the statutes and rules of procedure of regional coordination centres; (e) a description of cooperative processes in accordance with Article 35; (f) a description of the arrangements concerning the liability of regional coordination centres in accordance with Article 44.
Amendment 1189 #
Proposal for a regulation
Article 34 – paragraph 1 – point c
Article 34 – paragraph 1 – point c
(c) creation of common system models in accordance with the methodologies and procedures developed pursuant to Regulation ... [The Commission Regulation establishing a Guideline one electricity transmission system operation];
Amendment 1190 #
Proposal for a regulation
Article 34 – paragraph 1 – point d
Article 34 – paragraph 1 – point d
(d) consistency assessment of transmission system operators' defense plans and restoration plans in accordance with the procedure set out in Regulation ... [The Commission Regulation establishing a network code on electricity emergency and restoration];
Amendment 1203 #
Proposal for a regulation
Article 34 – paragraph 1 – point i
Article 34 – paragraph 1 – point i
(i) regional week ahead to intraday system adequacy forecasts and preparation of risk reducing actions in accordance with the methodology set out Article 8 of [Regulation on risk preparedness as proposed by COM(2016)862] and the procedures set out in Article 81 of [The Commission Regulation establishing a Guideline on electricity transmission system operation];
Amendment 1204 #
Proposal for a regulation
Article 34 – paragraph 1 – point j
Article 34 – paragraph 1 – point j
(j) outage planning coordination in accordance with the procedures set out in Article 80 of Regulation ... [Commission Regulation establishing a Guideline on electricity transmission system operation];
Amendment 1317 #
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. Regional operational centresThe transmission system operators of a system operation region shall set up and manage their organisation according to a structure that supports the safety of their functions. Their organisational structure shall specify:
Amendment 1324 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
Regional opercoordinational centres shall be equipped with all the human, technical, physical and financial resources necessary for fulfilling their obligations under this Regulation and carrying out their functions. The human, technical, physical and financial resources for regional coordination centres shall not go beyond what is strictly necessary for the fulfilment of its tasks.
Amendment 1339 #
Proposal for a regulation
Article 43 – paragraph 4
Article 43 – paragraph 4
4. Regional opercoordinational centres shall submit an annual report concerningwith the data resulting from their continuous monitoring pursuant to paragraph 1 and on their performance to ENTSO for Electricity, the Agency, the regulatory authorities of the system operation region and the Electricity Coordination Group established pursuant to Article 1 of Commission Decision 2012/C 353/0237 . _________________ 37 Commission Decision of 15 November 2012 setting up the Electricity Coordination Group (OJ C 353, 17.11.2012, p.2).
Amendment 1366 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
Distribution system operators which are not part of a vertically integrated undertaking or which are unbundled according to the provisions of Article 35 [recast of Directive 2009/72/EC as proposed by COM(2016) 864/2], shall cooperate at Union level through a European Entity for Distribution system operators ("EU DSO entity"), in order to promote the completion and functioning of the internal market in electricity, and to promote optimal management and a coordinated operation of distribution and transmission systems. Distribution system operators who wish to participate in the EU DSO entity shall become registered members of the entity. Decision-making process shall ensure for proportional geographical representation of DSOs in the EU DSO entity.
Amendment 1376 #
Proposal for a regulation
Article 49 a (new)
Article 49 a (new)
Article 49 a Membership in the European Entity for Distribution System Operators (EU DSO Entity) The participation of individual distribution system operators in the EU DSO Entity shall be voluntarily. Distribution system operators who wish to participate in the EU DSO Entity shall become registered members of the EU DSO Entity. The EU DSO Entity shall ensure an equitable treatment of all member distribution system operators regardless of their size. The EU DSO Entity shall ensure that smaller or independent DSOs are adequately represented, including in the decision-making procedures.
Amendment 1383 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. By [OP: twelve months after entry into force], the distribution system operators, with the administrative support of the Agency, shall submit to the Commission and to the Agency the draft statutes, a list of registered members, the draft rules of procedure, including the rules of procedures on the consultation with ENTSO for Electricity and other stakeholders, the decision-making procedures and the financing rules, of the EU DSO entity to be established.
Amendment 1389 #
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. Within two months of receipt, the Agency, after formally consulting the organisations representing all stakeholders, in particular distribution system users, and consumer protection organisations shall provide an opinion to the Commission on the draft statutes, the list of members and the draft rules of procedure.
Amendment 1392 #
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. The Commission shall deliver an opinion on the draft statutes, the list of members and the draft rules of procedure and the decision-making procedure taking into account the opinion of the Agency provided for in paragraph 2, within three months of receipt of the opinion of the Agency.
Amendment 1410 #
Proposal for a regulation
Article 51 – paragraph 1 – point b
Article 51 – paragraph 1 – point b
(b) improve and maximise the integration of renewable energy resources, distributed generation and other resources embedded in the distribution network such as energy storage;
Amendment 1421 #
Proposal for a regulation
Article 51 – paragraph 1 – point d
Article 51 – paragraph 1 – point d
(d) improve the digitalisation of distribution networks including deployment of smart grids and intelligent metering systems;
Amendment 1427 #
Proposal for a regulation
Article 51 – paragraph 1 – point e
Article 51 – paragraph 1 – point e
(e) promotion of neutral data management, cyber security and data protection;
Amendment 1436 #
Proposal for a regulation
Article 51 a (new)
Article 51 a (new)
Article 51 a Adoption of decisions The EU DSO entity shall adopt decisions with regard to their tasks pursuant to Article 51 by consensus.
Amendment 1440 #
Proposal for a regulation
Article 52 – title
Article 52 – title
Amendment 1441 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. While preparing possiblenew network codes for technical details of existing Union acts that set the political framework pursuant to Article 55, the EU DSO entity shall conduct an extensive consultation process, at an early stage and in an open and transparent manner, involving all relevant stakeholders, and, in particular, the organiszations representing all stakeholders, in accordance with the rules of procedure referred to in Article 50. That consultation shall also involve national regulatory authorities and other national authorities, supply and generation undertakings, system users including customers, distribution system operators, including relevant industry associations, technical bodies and stakeholder platforms. It shall aim at identifying the views and proposals of all relevant parties during the decision-making process.
Amendment 1442 #
Proposal for a regulation
Article 52 – paragraph 1 a (new)
Article 52 – paragraph 1 a (new)
1 a. While preparing the proposals pursuant to the tasks referred to in Article 51, the EU DSO entity shall submit to the Agency the draft texts of the proposals. Within two months of receipt, the Agency shall provide an opinion to the EU DSO on the draft texts and proposed amendments. If the opinion is positive, the EU DSO can adopt the texts. If the opinion is negative, the EU DSO should redraft the texts. In case of significant changes, the consultation set in paragraphs 1, 2 and 3 shall be repeated.
Amendment 1443 #
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The EU DSO entity shall take into consideration the views provided during the consultations. Before adopting proposals for network codes referred to in Article 55 or proposals pursuant to the tasks referred to in Article 51, the EU DSO entity shall indicate in an accessible publication how the observations received during the consultation have been taken into consideration. In the same publication, it shall provide reasons where observations have not been taken into account.
Amendment 1444 #
Proposal for a regulation
Article 52 – paragraph 3 a (new)
Article 52 – paragraph 3 a (new)
3 a. An Independent Advisory Council of stakeholder representatives, in particular system users and final customers, shall be established to provide independent advice to the EU DSO Entity on: (a) work on identifying best practices for the introduction of energy efficiency improvements in the distribution network asset out in Article 51 (2) (c) (b) the annual work-programme and annual report as set out in Article 51 (2) (d), and (c) preparation of possible network codes pursuant to Article 56.
Amendment 1449 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. The Commission may, subject to the empowerments in Articles 55 and 57, adopt delegated actsgeneral political framework for network codes and guidelines shall be first adopted by Union law following the ordinary legislative procedure. The Commission may, subject to the empowerments in Articles 55 and 57, adopt delegated acts for the technical specifications of network codes and guidelines where the general political framework has been adopted by Union law. Such delegated acts can either be adopted as network codes on the basis of text proposals developed by the ENTSO for Electricity, or, where so decided in the priority list pursuant to Article 55 paragraph 2, by the EU DSO entity and the Agency pursuant to the procedure in Article 55 or as guidelines pursuant to the procedure in Article 57.
Amendment 1456 #
Proposal for a regulation
Article 54 – paragraph 2 – point –a (new)
Article 54 – paragraph 2 – point –a (new)
(-a) be solely of a technical nature
Amendment 1457 #
Proposal for a regulation
Article 54 – paragraph 2 – point a
Article 54 – paragraph 2 – point a
(a) ensure that they provide the minimum degree of technical harmonisation required to achieve the aims of this Regulation;
Amendment 1458 #
Proposal for a regulation
Article 55 – paragraph 1 – introductory part
Article 55 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts for precise and technically detailed rules with cross- border relevance in accordance with Article 63 concerning the establishment of network codes in the following areas:. Prior to adopting a delegated act for the establishment of a new network code or for the modification of an existing network code, the Commission shall present a legislative proposal following the ordinary legislative procedure to adopt the political framework.
Amendment 1466 #
Proposal for a regulation
Article 55 – paragraph 1 – point g
Article 55 – paragraph 1 – point g
(g) capacity-allocation and congestion- management rules including curtailment of generation and redispatch of generation and demand ;
Amendment 1470 #
Proposal for a regulation
Article 55 – paragraph 1 – point k
Article 55 – paragraph 1 – point k
(k) rules regarding harmonised transmission and distribution tariff structures and connection charges including locational signals and inter- transmission system operator compensation rules;
Amendment 1476 #
Proposal for a regulation
Article 55 – paragraph 1 – point m
Article 55 – paragraph 1 – point m
Amendment 1480 #
Proposal for a regulation
Article 55 – paragraph 1 – point n
Article 55 – paragraph 1 – point n
Amendment 1484 #
Proposal for a regulation
Article 55 – paragraph 1 – point o
Article 55 – paragraph 1 – point o
Amendment 1486 #
Proposal for a regulation
Article 55 – paragraph 1 – point p
Article 55 – paragraph 1 – point p
Amendment 1495 #
2. The Commission shall, after consulting the Agency, the ENTSO for Electricity and the other relevant stakeholders, establish a priority list every three years, identifying the areas set out in paragraph 1 to be included into be included in the legislative planning and the development of network codes. If the subject-matter of the network code is directly related to the operation of the distribution system and less relevant for the transmission system, the Commission may require the EU DSO entity for electricity instead of the ENTSO for Electricity to convene a drafting committee and submit a proposal for a network code to the agency.
Amendment 1520 #
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. The Commission is empoweredshall present a legislative proposal for the general political framework prior to adopting delegated acts in accordance with Article 63 concerning the amendment of network codes following the procedure under Article 55. Amendments can also be proposed by the Agency under the procedure set out in paragraphs 2 to 4 of this Article.
Amendment 1537 #
Proposal for a regulation
Article 57 – paragraph 7
Article 57 – paragraph 7
7. When adopting or amending guidelines, the Commission shall consult the Agency, the ENTSO for Electricity, the EU DSO Entity and other stakeholders where relevant.
Amendment 1563 #
Proposal for a regulation
Article 64 a (new)
Article 64 a (new)
Article 64 a Revision The Regulation shall be subject to a general revision no later than by the end of 2024.
Amendment 1568 #
Proposal for a regulation
Annex I – part 8 – point 8.1 – point c a (new)
Annex I – part 8 – point 8.1 – point c a (new)
(c a) take into account possible substitutions between different types of reserve capacity with the aim to minimise the costs of procurement.