47 Amendments of Henna VIRKKUNEN related to 2023/0077(COD)
Amendment 217 #
Proposal for a regulation
Recital 11
Recital 11
(11) The reform of the electricity market design should benefit not just household consumers but also the competitiveness of the Union’s industries by facilitating their possibilities to make the clean tech investments they require to meet their net zero transition paths. The energy transition in the Union needs to be supported by a strong clean technology manufacturing basis. These reforms will support the affordableindustry to secure their access to affordable and continuous supply of clean power and heat, including via renewable and smart electrification, of industryn-site renewables and high efficiency cogeneration uptake, and the Union’s position as a global leader in terms of research and innovation in clean energy technologies.
Amendment 227 #
Proposal for a regulation
Recital 16
Recital 16
Amendment 241 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 307 #
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38a) Moreover, there is a need to enhance the regulatory framework to guarantee long-term deployment of sufficient flexible capacity. Therefore the Commission should conduct a comprehensive assessment of the current framework, focusing on its effectiveness in incentivising investments in flexible capacity necessary for reaching the Union’s climate and renewable energy targets. If appropriate, the Commission should accompany the report with a legislative proposal.
Amendment 330 #
Proposal for a regulation
Recital 44
Recital 44
(44) Consumers should have access to a wide range of offers so that they can choose a contract according to their needs. However, suppliers have reduced their offers, fixed-price contracts have become scarce, and the choice of offers has become limited. Consumers should alwaysfor example have the possibility to opt for an affordable market based fixed price and fixed term contract to ensure a stable price over a given period and suppliers should not unilaterally modify the terms and conditions before such contract expires.
Amendment 367 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EU) 2019/943
Article 1, paragraph b a (new)
Article 1, paragraph b a (new)
(ba) consider the electricity sector as part of integrated energy systems planning and operation of the energy system as a whole, across multiple energy carriers, infrastructures, and consumption sectors, by creating stronger links between them with the objective of delivering affordable, reliable and resource-efficient energy services, at the least possible cost for society
Amendment 372 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2019/943
Article 1 – point e
Article 1 – point e
(e) support long-term investments in renewablfossil free energy generation and enable consumers’ to make their energy bills less dependent from fluctuations of short-term electricity market prices, in particular fossil fuel prices in the medium to long-term.
Amendment 417 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80a (new)
Article 2 – point 80a (new)
(80a) ‘intraday market operator' means any NEMO, power exchange or other entity which collects bids and offers for intraday products, or products with essentially the same characteristics as intraday products, from market participants before or after the intraday cross-zonal gate closure time.
Amendment 449 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a, paragraph 1
Article 7a, paragraph 1
1. Without prejudice to Article 40(5) and 40(6) of the Electricity Directive, transmissionBy 31 December 2024, the Commission, in cooperation with ENTSO for Electricity, the EU DSO Entity and ACER, shall perform an assessment about the possibility for system operators mayto procure peak shaving products in order to achieve a reduction of electricity demand during peak hours, analysing at least, but not limited to, that their activation does not negatively affect the functioning of the electricity market, and in particular the intraday and balancing markets and over-the-counter trading. The assessment shall take into consideration specific national developments at and consider the possibility of procuring these products under normal circumstances and during an electricity price crisis situation, declared in accordance with Article 66a.
Amendment 450 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a, paragraph 1
Article 7a, paragraph 1
1. Without prejudice to Article 40(5) and and when an energy crisis situation is declared in accordance with the article 66a 40(6) of the Electricity Directive, transmission system operators may procure peak shaving products in order to achieve a reduction of electricity demand during peak hours.
Amendment 456 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a, paragraph 2
Article 7a, paragraph 2
Amendment 486 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a, paragraph 3
Article 7a, paragraph 3
Amendment 493 #
Amendment 500 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7b, paragraph 1
Article 7b, paragraph 1
Amendment 508 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7b, paragraph 2
Article 7b, paragraph 2
Amendment 511 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7b, paragraph 2
Article 7b, paragraph 2
2. Member States shall establish requirements for a dedicated metering device data validation process to check and ensure the quality and consistency of the respective data. The requirements shall be aligned with the framework on metering device data in the Network Code for demand response and flexibility and with Directive 2014/32/EU.;
Amendment 533 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 1 – paragraph 1 – point 5 – point a a (new)
(aa) Intraday market operators shall be obliged to submit all bids and offers for intraday products, or products with essentially the same characteristics as intraday products, for single matching via the shared order book immediately and at all times after the orders have been received from market participants, irrespective of and also after the intraday cross-zonal gate closure time.
Amendment 538 #
By 1 December 2024, the ENTSO for Electricity shall submit to ACER a report about the possible implementation of practical solutions addressing market participants’ hedging needs. The report shall assess at least, but not limited to, the frequency of the auctions, the maturities of the products, the development of secondary markets, the obligations concerning financial transmission rights, the process on cost-recovery to handle any financial risks and potential losses, the timeline for implementation, the appropriateness of regional coordination and decision-making for alternative measures, including the possible establishment of regional virtual hubs.
Amendment 546 #
1. By 1 December 2024 the ENTSO for Electricity shall submit to ACER, after having consulted ESMA, a proposal for the establishment of regional virtual hubs for the forward market. The proposal shallWithin 24 months after [the entry into force of this Regulation] the Commission shall perform a study about the possible establishment of regional virtual hubs for the forward markets, and shall present it to European Parliament and Council, and where appropriate revise the Commission Regulation (EU) 2016/1719 in accordance with Article 59, that establishes the design referred to in paragraph 1. This study shall in particular assess:
Amendment 548 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1
Article 9, paragraph 1
1. By 1 December 2024 the ENTSO for Electricity shall submit to ACER, after having consulted ESMA, a proposal for the establishment of regional virtual hubs for the forward market if market based virtual hub for the forward market is not in place. The proposal shall:
Amendment 550 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1, point a
Article 9, paragraph 1, point a
(a) define the geographical scope of the regional virtual hubs for the forward market, including the bidding zones constituting these hubs, and specific situations of bidding zones belonging to more than one virtual hub, aiming to maximise the price correlation between the reference prices and the prices of the bidding zones constituting regional virtual hubs;
Amendment 551 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1, point aa new
Article 9, paragraph 1, point aa new
(aa) the impact of regional virtual hubs on the forward markets, the transmission system operators, the market participants and end-consumers and the potential benefits and drawbacks that regional virtual hubs would bring compared to the existing zonal model;
Amendment 553 #
(b) include a methodology for the calculation of the reference prices for the regional virtual hubs for the forward market, and the underlying methodology, aiming to maximise the correlations between the reference price and the prices of the bidding zones constituting a regional virtual hub; such methodology shall be applicable to all virtual hubs and based on predefined objective criteria ;
Amendment 556 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1, point c
Article 9, paragraph 1, point c
(c) include a definition of financial long-term transmission rights from bidding zones to the regional virtual hubs for the forward market and the need to offer trading of long-term transmission rights between each bidding zone and the regional virtual hub;
Amendment 557 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 Regulation (EU) 2019/943
Article 1 – paragraph 1 – point 6 Regulation (EU) 2019/943
(d) the maximiseation of the trading opportunities for hedging products referencing the virtual hubs for the forward market as well as for long term transmission rights from bidding zones to regional virtual hubs .
Amendment 562 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 2
Article 9, paragraph 2
Amendment 569 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1
Article 9, paragraph 1
3. TIf market based virtual hubs are not implemented, the single allocation platform established in accordance with Regulation (EU) 2016/1719 shall have a legal form as referred to in Annex II to Directive (EU) 2017/1132 of the European Parliament and of the Council.
Amendment 571 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 3
Article 9, paragraph 3
3. The entity operating the single allocation platform established in accordance with Regulation (EU) 2016/1719 shall have a legal form as referred to in Annex II to Directive (EU) 2017/1132 of the European Parliament and of the Council.
Amendment 574 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 4
Article 9, paragraph 4
4. The single allocation platform shall: , on behalf of the transmission system operators, shall issue long-term transmission rights or have equivalent measures in place to allow for market participants to hedge price risks across bidding zone borders, unless an assessment of the forward market on the bidding zone borders performed by the competent regulatory authorities shows that there are sufficient hedging opportunities in the concerned bidding zones. Long-term transmission rights shall be allocated on a regular basis, in a transparent, market based and non- discriminatory manner and shall have a range of maturities of up to at least three years ahead. The frequency of allocation of the long-term cross-zonal capacity shall support the efficient functioning of the forward market. All TSOs should develop an approach that is aiming to increase the volume of cross-zonal capacities in forward markets and liquidity.
Amendment 580 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 Regulation (EU) 2019/943
Article 1 – paragraph 1 – point 6 Regulation (EU) 2019/943
Amendment 582 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 5
Article 9, paragraph 5
5. Where a regulatory authoritythe study referred to in paragraph -1a considers that there are insufficient hedging opportunities available for market participants, and after consultation of relevant financial market competent authorities in case the forward markets concern financial instruments as defined under Article 4(1)(15), itnational regulatory authorities may require power exchanges or transmission system operators to implement market-based tendering processes for the establishment of additional measures, such as market- making activities, to improve the liquidity of the forward market. Subject to compliance with Union competition law and with Directive (EU) 2014/65 and Regulations (EU) 648/2012 and 600/2014, market operators shall be free to develop forward hedging products, including long- term forward hedging products, to provide market participants, including owners of power-generating facilities using renewable energy sources, with appropriate possibilities for hedging financial risks against price fluctuations. Member States shall not require that such hedging activity may be limited to trades within a Member State or bidding zone.
Amendment 593 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) 2019/943
Article 18, paragraph 2
Article 18, paragraph 2
2. Tariff methodologies shall reflect the fixed costs of transmission system operators and distribution system operators and shall consider both capital and operational expenditure to provide appropriate incentives to transmission system operators and distribution system operators over both the short and long run, including anticipatory investments, in order to increasevest in network infrastructure reinforcement to facilitate the energy transition and in the additional physical and digital network elements needed to reach the objectives set out in the national energy and climate plans, while at the same time increase overall system efficiencies, including energy efficiency, to foster market integration and security of supply, to support the use of flexibility services, efficient investments, including solutions to optimise the existing grid and facilitate flexibility services and demand response and related research activities, and to facilitate innovation in the interest of consumers in areas such as digitalisation, flexibility services and interconnection;.
Amendment 598 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) 2019/943
Article 18, paragraph 8
Article 18, paragraph 8
8. Transmission and distribution tariff methodologies shall provide incentives to transmission and distribution system operators for the most cost-efficient operation and development of their networks including through the procurement of services. For that purpose, regulatory authorities shall recognise relevant costs as eligible, shall include those costs in transmission and distribution tariffs, and shallwhere applicable, may introduce performance targets in order to provide incentives to transmission and distribution system operators to increase efficienciesoverall system efficiency, quality and security of supply in their networks, including through energy efficiency, the use of flexibility and demand response services and the development of smart grids and intelligent metering systems. , in accordance with the features of the given electricity system and climate policy objectives
Amendment 621 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a, paragraph 1
Article 19a, paragraph 1
1. Member States shall facilitate power purchase agreements (‘PPAs’)lift all unjustified barriers to the conclusion of power purchase agreements (‘PPAs’), including for the retail market (e.g. households, renewable energy communities, SMEs), with a view to reaching the objectives set out in their integrated national energy and climate plan with respect to the dimension decarbonisation referred to in point (a) of Article 4 of Regulation (EU) 2018/1999, while preserving competitive and liquid electricity markets. In order to ensure the removal of barriers to PPAs, the Commission may draw up specific guidance on how to alleviate administrative obligations and accounting complexities related to PPAs.
Amendment 630 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a, paragraph 1a new
Article 19a, paragraph 1a new
1a. To facilitate the conclusion of PPAs, Member States shall ensure that all possibilities offered under Article 19 of Directive EU 2018/2001 regarding guarantees of origin are used. It shall be ensured that guarantees of origin are issued to all producers of energy from renewable sources, even those that receive financial support from a Member State support scheme, to enable renewable power to be tracked and traded across borders and to remove this existing barrier to long term PPAs.
Amendment 892 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d
Article 19 d
Indicative national objective for demand side response and storagetarget for flexibility
Amendment 900 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d – paragraph 1
Article 19 d – paragraph 1
Based on the report of the regulatory authority pursuant to Article 19c(1), each Member State shall define an indicative national objective fortarget for flexibility such as demand side response, firm capacity and storage. This indicative national objectivetarget shall be complemented with a plan for the decarbonisation of flexibility technologies. This target shall also be reflected in Member States’ integrated national energy and climate plans as regards the dimension ‘Internal Energy Market’ in accordance with Articles 3, 4 and 7 of Regulation (EU) 2018/1999 and in their integrated biennial progress reports in accordance with Article 17 of Regulation (EU) 2018/1999. The target shall be complemented by a roadmap for ensuring sufficient investments in flexibility in different timeframes (seasonal, weekly, daily, hourly).
Amendment 919 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 1
Article 19 e – paragraph 1
1. Member States which apply a capacity mechanism in accordance with Article 21 shall consider the promotion of the participation of non-fossil flexibility such as demand side response and, storage and flexible generation by introducing additional criteria or features in the design of the capacity mechanism.
Amendment 936 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 2
Article 19 e – paragraph 2
2. Where the measures introduced in accordance with paragraph 1 to promote the participation of non-fossil flexibility such as demand response and, storage and flexible generation in capacity mechanisms are insufficient to achieve the flexibility needs identified in accordance with19d, Member States may apply flexibility support schemes consisting of payments for the available capacity of non- fossil flexibility such as demand side response and, storage and flexible generation.
Amendment 961 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – paragraph 1
Article 19 f – paragraph 1
Flexibility support scheme for non-fossil flexibility such as demand response and, storage and flexible generation applied by Member States in accordance with Article 19e(2) and (3) shall:
Amendment 971 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – paragraph 1 b
Article 19 f – paragraph 1 b
(b) be limited to new investments in non-fossil flexibility such as demand side response and storage, energy storage including fuel conversion from fossil to non-fossil fuels and flexible generation;
Amendment 974 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
(b) be limited to new investments in non-fossil flexibility such as demand side response and storage;
Amendment 1049 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
Directive (EU) 2019/944
Article 2 – point 49
Article 2 – point 49
(49) 'non-frequency ancillary service' means a service used by a transmission system operator or distribution system operator for steady state voltage control, fast reactive current injections, inertia for local grid stability, short-circuit current, black start capability, island operation capability and peak shaving;”
Amendment 1076 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive (EU) 2019/944
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall ensure that all customers are free to purchase electricity from the supplier of their choice. Member States shall ensure that all customers are free to have more than one electricity supply contract at the same time, and that for this purpose customers are entitled to have more than one metering and billing point covered by the single connection point for their premises. Each metering and billing point must be its own separate electrical installation and be clearly separated from other metering and billing points.
Amendment 1093 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive (EU) 2019/944
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that the national regulatory framework enables suppliers to offer fixed-term, fixed-price contracts and dynamic electricity pricedifferent contracts. Member States shall ensure that final custoconsumers who have a smart meter installed can request to conclude a dynamic electricity price contract and that all final customers can request to conclude a fixed- term, fixed-prdynamice electricity price contract of a duration of at least one year, with at least one supplier and with every supplier that has more than 200 000 final customers.
Amendment 1105 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
Directive (EU) 2019/944
Article 11 – paragraph 1 a
Article 11 – paragraph 1 a
1a. Prior to the conclusion or extension of any contract, final custoconsumers shall be provided with a summary of the key contractual conditions in a prominent manner and in concise and simple language. This summary shall include at least information on total price, promotions, additional services, discounts and include the rights referred to in points (a), (b), (d), (e) and (f) of Article 10(3). The Commission shall provide guidance in this regard.
Amendment 1106 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
Directive (EU) 2019/944
Article 11 – paragraph 1 a
Article 11 – paragraph 1 a