Activities of Jean-Luc SCHAFFHAUSER related to 2016/0030(COD)
Plenary speeches (1)
Measures to safeguard the security of gas supply (debate) FR
Amendments (88)
Amendment 126 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010 (Text with EEA relevance)
Amendment 127 #
Proposal for a regulation
Citation 3 a (new)
Citation 3 a (new)
Having regard to the reasoned opinion of 30 March 2016 of the Austrian Federal Council on the Proposal for a Regulation of the European Parliament and of the Council concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010,
Amendment 149 #
Proposal for a regulation
Recital 4
Recital 4
(4) Regulation (EU) No 994/2010 of the European Parliament and of the Council of 20 October 2010 concerning measures to safeguard security of gas supply has already had a significant positive impact on the Union situation as regards the security of the gas supply, both in terms of preparation and mitigation. Member States are better prepared to face a supply crisis now that they are required to draw up plans including preventive and emergency measures, and they are better protected now that they have to meet a number of obligations regarding infrastructure capacity and gas supply. However, tThe implementation report of Regulation (EU) No 994/2010 of October 2014 highlighted areas in which improvements to that Regulation could further bolster the Union supply security.
Amendment 157 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Commission Communication 'Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy'14 from February 2015, highlights the fact that the Energy Union rests on solidarity and trust, which are necessary features of energy security. This regulationdirective should aim to boost solidarity and trust between the Member States and should put in place the measures needed to achieve these aims, thus paving the way for implementing the Energy Union. __________________ 14 Communication from the Commission to the European Parliament and the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank, COM(2015) 80 final.
Amendment 171 #
Proposal for a regulation
Recital 7
Recital 7
(7) An internal-State gas market that operates smoothly is the best guarantee of security of energy supply across the Union and to reduce the exposure of individual Member States to the harmful effects of supply disruptions. Where a Member State's security of supply is threatened, there is a risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the internal-State gas market and damage the gas supply to customers in other Member States. To allow the internal-State gas market to function even in the face of a shortage of supply, provision must be made for solidarity and coordination in the response to supply crises, as regards both preventive action and the reaction to actual disruptions of supply.
Amendment 183 #
Proposal for a regulation
Recital 9
Recital 9
(9) In a spirit of solidarity, regional cooperation, involving both public authorities and natural gas undertakings, should be the guiding principle of this RegulationDirective, to identify the relevant risks in each region and optimise the benefits of coordinated measures to mitigate them and to implement the most cost-effective measures for Union consumers.
Amendment 194 #
Proposal for a regulation
Recital 11
Recital 11
(11) Responsibility for security of gas supply should be shared by natural gas undertakings, and Member States, acting through their competent authorities; and the Commission, within their respective remits. Such shared responsibility requires very close cooperation between these parties. However, customers using gas for electricity generation or industrial purposes may also have an important role to play in security of gas supply, as they can respond to a crisis by taking demand-side measures such as interruptible contracts and fuel switching, which have an immediate impact on the supply/demand balance.
Amendment 206 #
Proposal for a regulation
Recital 15
Recital 15
(15) Council Directive 2008/114/EC16 lays down a process with a view to enhancing the security of designated European critical infrastructure, including certain gas infrastructure, in the Union. Directive 2008/114/EC together with this RegulationDirective contributes to creating a comprehensive approach to the energy security of the Union. __________________ 16 Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (OJ L 345, 23.12.2008, p. 75).
Amendment 209 #
Proposal for a regulation
Recital 16
Recital 16
(16) The RegulationDirective lays down security of supply standards that are sufficiently harmonised and cover at least the situation that occurred in January 2009 when gas supply from Russia was disrupted. These standards take account of the difference between Member States, public service obligations and customer protection measures, as referred to in Article 3 of Directive 2009/73/EC. Security of supply standards should be stable, so as to provide the necessary legal certainty, should be clearly defined, and should not impose unreasonable and disproportionate burdens on natural gas undertakings. They should also guarantee equal access for the Union natural gas undertakings to national customers.
Amendment 221 #
Proposal for a regulation
Recital 18
Recital 18
(18) The regions are to be defined, as far as possible, on the basis of existing regional cooperation structures set up by the Member States and the Commission, in particular the regional groups set up under Regulation (EU) 347/2013 on guidelines for trans-European energy infrastructure17 (the TEN-E Regulation). However, since this RegulationDirective and the TEN-E Regulation have different aims, the respective regional groups may differ in size and design. __________________ 17 Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (OJ L 115 of, 25.4.2013, p. 39).
Amendment 240 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to make the regional cooperation feasible, Member States should establish a cooperation mechanism within each region. Such mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans at regional level. Member States are free to agree on a cooperation mechanism best suited for a given region. The Commission should have a facilitating role in the overall process and share best practises for arrangingin the context of regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies. In absence of an agreement on the cooperation mechanism, the Commission may propose a suitable cooperation mechanism for a given region.
Amendment 247 #
Proposal for a regulation
Recital 21
Recital 21
(21) When conducting a comprehensive risk assessment to be prepared at regional level, competent authorities should assess natural, technological, commercial, financial, social, political and market- related risks, and any other relevant ones, including, where appropriate, the disruption of the supplies from the single largest supplier. All risks should be addressed by effective, proportionate and non-discriminatory measures to be developed in the preventive action plan and the emergency plan. The results of the risk assessments should also contribute to the all hazard risk assessments foreseen under aArticle 6 of Decision No 1313/2013/EU.18 __________________ 18 Decision No 1313/2013/EU of the European pParliament and of the Council of 17 December 2013 on a Union Civil pProtection Mechanism (OJ L 347, 20.12.2013, p. 24).
Amendment 256 #
Proposal for a regulation
Recital 23
Recital 23
(23) To ensure maximum preparedness, so as to avoid a supply disruption and mitigate its effects should it nevertheless occur, the competent authorities of a given region must draw up preventive action plans and emergency, after consulting stakeholders. Regional plans should take account of the specific characteristics of each Member State. They should also clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities. National measures to be designed shcould take fully account of the regional measures set out in the preventive action plan and emergency plan. They should be so designed as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation. The plans should be technical and operational in nature, their function being to help prevent the occurrence or escalation of an emergency and to mitigate its effects. The plans should take the security of electricity systems into account and be consistent with the Energy Union's strategic planning and reporting tools.
Amendment 257 #
Proposal for a regulation
Recital 24
Recital 24
(24) The roles and responsibilities of all natural gas undertakings and competent authorities should therefore be defined precisely in order to keep the internal gas market functioning properly, particularly in the event of supply disruptions and crises. Such roles and responsibilities should be established in such a way as to ensure that a threewo-level approach is respected which would involve first the relevant natural gas undertakings and industry, then Member States at national or regional level, and then the Union. This Regulation should enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with disruptions. However, it should also provide for mechanisms that can be deployed when markets alone are no longer able to deal adequately with a gas supplypossible state control when coping with disruptions.
Amendment 262 #
Proposal for a regulation
Recital 25
Recital 25
(25) In the event of a supply crisis, market players should be given sufficient opportunity to respond to the situation with market-based measures. Where market measures have been exhausted and they are still insufficient, Member States and their competent authorities should takall put themselves at the disposal of Member States and their competent authorities in order to implement as efficiently as possible measures taken to remove or mitigate the effects of the supply crisis.
Amendment 277 #
Proposal for a regulation
Recital 31
Recital 31
(31) It is necessary to ensure the predictability of the action to take in the event of an emergency, allowing all market participants sufficient opportunity to react and also prepare for such circumstances. As a rule, the competent authorities should therefore abide by their emergency plan. In duly justified exceptional circumstances, they should be allowed tomay take action which deviates from those pPlans. It is also important to make the way in which emergencies are announced more transparent and predictable. Information on the system balancing position (the overall status of the transmission network), the framework for which is set out in Commission Regulation (EU) No 312/201419, may play an important role in this regard. That information should be available to competent authorities and the national regulatory authorities, if the latter are not the competent authority on a real time basis. __________________ 19 Commission Regulation (EU) No 312/2014 of 26 March 2014 establishing a Network Code on Gas Balancing of Transmission Networks (OJ L 91, 27.3.2014, p.15).
Amendment 288 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 299 #
Proposal for a regulation
Recital 36
Recital 36
(36) As demonstrated by the October 2014 stress test, solidarity is needed to ensure security of supply across the Union and to keep overall costs to a minimum. If an emergency is declared in any Member State, a two-step approach should be applied to strengthen solidarity. Firstly, all Member States which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid. Secondly, if the first step fails to provide the necessary supply, further measures by neighbouring Member States, even if not in an emergency situation, should be triggered to ensure the supply to households, essential socialpublic services and district heating installations in the Member State experiencing the emergency. Member States should identify and describe the details of these solidarity measures in their emergency plans, ensuring fair and equitable compensation of the natural gas undertakings.
Amendment 306 #
Proposal for a regulation
Recital 38
Recital 38
(38) To assess the security of supply situation of a given Member State or region or of the Union, access to the relevant information is essential. In particular, Member States and the Commission need regular access to information from natural gas undertakings regarding the main parameters of the gas supply as a fundamental input in the design of the security of supply policies. Under duly justified circumstances, irrespective of a declaration of emergency, access should also be possible to additional information needed to assess the overall gas supply situation. That additional information would typically be non-price-related gas delivery information, e.g. minimum and maximum gas volumes, delivery points or supply margins. It could, for example, be requested in the event of changes in the pattern of the gas supply to a given buyer or buyers in a Member State which would not be expected if the markets were functioning normally and which could affect the gas supply of the Union or parts of it.
Amendment 309 #
Proposal for a regulation
Recital 39
Recital 39
(39) In March 2015, the European Council concluded that gas supply contracts with suppliers from third countries should be made more transparent and compatible with the Union energy security provisions. In this context an efficient and targeted mechanism for Member States' access to key gas supply contracts should ensure a comprehensive assessment of relevant risks that can lead to a supply disruption or interfere with the necessary mitigating measures should a crisis nevertheless occur. Under that mechanism certain key gas supply contracts should be automatically notified, immediately after their conclusion, to the Member States. However, any obligation to notify a contract automatically needs to be proportionate. Applying this obligation to contracts between a supplier and a buyer covering 40% of the national market strikes the right balance in terms of administrative efficiency and lays down clear obligations for market participants. This does not mean that other gas supply contracts are not relevant to security of supply. Accordingly, Member States should have the right to request other contracts which might negatively affect security of supply of a Member State or region or of the Union as a whole. The Commission should have the same access to the gas supply contracts as Member States, given its role in assessing the consistency and effectiveness of the preventive action plans and emergency plans to address risks to security of supply at national, regional and EU level. The Commission may call on the Member States to amend the plans so as to take account of the information obtained from the contracts. The confidentiality of commercially sensitive information should be ensured. Improved Commission access to information on commercial contracts should not affect the Commission's ongoing efforts to monitor the gas market, and the Commission should intervene if violations of the Union law are identificonfidentiality of commercially sensitive information should be ensured. The provisions of this RegulationDirective should be without prejudice to the right of the Commission to launch infringement proceedings in accordance with Article 258 of the Treaty on the Functioning of the European Union (TFEU) and to enforce competition rules, including state aid,.
Amendment 318 #
Proposal for a regulation
Recital 40
Recital 40
(40) The Gas Coordination Group should act as an adviser to the CommissionMember States and the Council to help them coordinate security of supply measures in the event of a Union emergency. It should also monitor the adequacy and appropriateness of measures to be taken under this Regulation, including the consistency of preventive action plans and emergency plans drawn up by different regions and reviewed by teams of peers.
Amendment 323 #
Proposal for a regulation
Recital 41
Recital 41
(41) One of the Union goals is to strengthen the Energy Community that would ensure effective implementation of the Union energy acquis, energy market reformin order to ensure solidarity with its members and incentivisinge investments in the energy sector by closer integration of the Union and Energy Community energy markets. This entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the Energy Community Contracting Parties. Furthermore, the Commission Communication on the short term resilience of the European gas system from October 2014 refers to the need to apply internal energy market rules on the flow of energy between the Union Member States and the Energy Community Contracting Parties. In this regard, in order to ensure an efficient crisis management on borders between the Union Member States and the Contracting Parties, the necessary arrangements following the adoption of a Joint Act should be set so that specific cooperation with any individual Energy Community Contracting Party can take place once the required mutual provisions have been duly put into place..
Amendment 334 #
Proposal for a regulation
Recital 44
Recital 44
(44) The Member States acting on their own cannot satisfactorily achieve the objective of this RegulationDirective, namely to guarantee a secure gas supply within the Union. Given the scale or effects of the action, it is better achieved at Union level. The Union may therefore adopt measures, in accordance with the principle of subsidiarity set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective.
Amendment 335 #
Proposal for a regulation
Recital 45
Recital 45
Amendment 340 #
Proposal for a regulation
Recital 46
Recital 46
(46) Regulation (EU) No 994/2010 should be repealed. To avoid a gap, the preventive action plans and emergency plans drawn up under Regulation (EC) No 994/2010 should remain in force until the new preventive action plans and emergency plans draw up under this RegulationDirective are adopted for the first time.
Amendment 344 #
Proposal for a regulation
Article 1
Article 1
This RegulationDirective establishes provisions aimed at safeguarding the security of gas supply by ensuring the proper and continuous functioning of the internal market in natural gas ("gas"), by allowing for exceptional measures to be implemented when the market can no longer deliver the required gas supplies and by providing for a clear definition and attribution of responsibilities among natural gas undertakings, the Member States and the Union regarding both preventive action and the reaction to concrete disruptions of supply. This RegulationDirective also provides transparent mechanisms, in a spirit of solidarity, for the coordination of planning for, and response to, an emergency at Member State, regional and Union levels.
Amendment 359 #
Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – point a
Article 2 – subparagraph 2 – point 1 – point a
(a) a small or medium-sized enterprise, provided that it is connected to a gas distribution network, or an essential socialpublic service, provided that it is connected to a gas distribution or transmission network, and provided that such enterprises or services do not represent jointly more than 20 50% of the total annual final gas consumption in that Member State;
Amendment 371 #
Proposal for a regulation
Article 2 – subparagraph 2 – point 2
Article 2 – subparagraph 2 – point 2
(2) ‘essential socialpublic service'’ means a healthcare, emergency or security service or a military or administrative unit whose functioning is essential to the functioning of the State;
Amendment 384 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. The measures to ensure the security of supply contained in the preventive action plans and in the emergency plans shall be clearly defined, transparent, proportionate, non-discriminatory and verifiable, shall not unduly distort competition and the effective functioning of the internal market in gas and transparent and shall not endanger the security of gas supply of other Member States or of the Union as a whole.
Amendment 401 #
Proposal for a regulation
Article 3 – paragraph 7 – subparagraph 2
Article 3 – paragraph 7 – subparagraph 2
Amendment 405 #
Proposal for a regulation
Article 3 – paragraph 7 – subparagraph 3
Article 3 – paragraph 7 – subparagraph 3
Amendment 413 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The obligation to ensure that the remaining infrastructure has the technical capacity to satisfy total gas demand, as referred to in paragraph 1, shall also be considered to be fulfilled where the competent authority demonstrates in the preventive action plan that a supply disruption may be sufficiently compensated for, in a timely manner, by appropriate market-based demand-side measures. For that purpose, the formula provided in point 4 of Annex II shall be used.
Amendment 474 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The competent authorities of each region as listed in Annex I shall jointly make an assessment at regional level of all risks affecting the security of gas supply. The assessment shall take into account all relevant risks such as natural disasters, technological, commercial, social, political and other risks. The risk assessment shall be carried out by:
Amendment 553 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – introductory part
Article 7 – paragraph 5 – subparagraph 2 – introductory part
The Commission shall issue an non-binding opinion to the competent authorities of the region with the recommendation to review the relevant preventive action plan or emergency plan if the plan is considered to contain one of the following elements:.
Amendment 554 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point a
Article 7 – paragraph 5 – subparagraph 2 – point a
Amendment 555 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point b
Article 7 – paragraph 5 – subparagraph 2 – point b
Amendment 558 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point c
Article 7 – paragraph 5 – subparagraph 2 – point c
Amendment 561 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point d
Article 7 – paragraph 5 – subparagraph 2 – point d
Amendment 562 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point e
Article 7 – paragraph 5 – subparagraph 2 – point e
Amendment 569 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2
Article 7 – paragraph 6 – subparagraph 2
Amendment 593 #
Proposal for a regulation
Article 8 – paragraph 1 – point g
Article 8 – paragraph 1 – point g
(g) description of the effects of the measures contained in the plan on the functioning of the internal-State energy market as well as national markets, including the obligations referred to in point (k);
Amendment 602 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The preventive action plan shall be based primarily on market measures and shall not put an undue burden on natural gas undertakings, or negatively impact on the funthe principles of continuity of public service and on the necessary protectioning of the internal market in gaspopulation.
Amendment 612 #
Proposal for a regulation
Article 8 – paragraph 4 – point d
Article 8 – paragraph 4 – point d
Amendment 614 #
Proposal for a regulation
Article 8 – paragraph 4 – point e
Article 8 – paragraph 4 – point e
(e) assessment of necessity and proportionality of the measure in comparison with possible market based measurethe imperatives of national security and safeguarding of populations;
Amendment 615 #
Proposal for a regulation
Article 8 – paragraph 4 – point f
Article 8 – paragraph 4 – point f
Amendment 622 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
The impact assessment and the adopted measures shall be published by the competent authority and shall be notififorwarded to the Commission. Within four months of the notification the Commission shall take a decision and may require the Member States to amend the adopted measures. That period shall begin on thadopt a non-binding opinion, which may contain recommendations to the Member States. The Member State dmay following the receipt of a complete notification. The period may also be extended with the consent of both the Commission and the Member Stadecide to make the changes requested.
Amendment 623 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
Amendment 626 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2 – point a
Article 8 – paragraph 5 – subparagraph 2 – point a
Amendment 628 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2 – point b
Article 8 – paragraph 5 – subparagraph 2 – point b
Amendment 629 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2 – point c
Article 8 – paragraph 5 – subparagraph 2 – point c
Amendment 630 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2 – point d
Article 8 – paragraph 5 – subparagraph 2 – point d
Amendment 631 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 3
Article 8 – paragraph 5 – subparagraph 3
The adopted measure shall only enter into force wheupon it is approved by the Commission or has been amended in accordance with the Commission decisions publication by the Member State.
Amendment 632 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The preventive action plan shall be updated every four years after 1 March 2019, unless circumstances warrant more frequent updates or at the Commission's request. The updated plan shall reflect the updated risk assessment and the results of the tests carried out in accordance with Article 9 (2). Article 7(3) to (7) shall apply to the updated plan.
Amendment 635 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 644 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The emergency plan shall be updated every four years after 1 March 2019, unless circumstances warrant more frequent updates or at the Commission's request. The updated plan shall reflect the updated risk assessment and the conclusions of the tests carried out in accordance with paragraph 2. Article 7(3) to (7) shall apply to the updated plan.
Amendment 646 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. When the competent authority declares an emergency, it shall follow the pre-defined action as set out in its emergency plan and shall immediately inform the Commission and the competent authorities in the region in particular of the action it intends to take. In duly justified exceptional circumstances, the competent authority may take actionThe competent authority of the Member State may take all measures required by circumstances, including deviating from the emergency plan. The competent authority shall immediately inform the Commission and the competent authorities in the region of any such action and shall provide a justification therefore.
Amendment 648 #
Proposal for a regulation
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) no measures are introduced which unduly restrict the flow of gas within the internal-State market at any time;
Amendment 649 #
Proposal for a regulation
Article 10 – paragraph 4 – point b
Article 10 – paragraph 4 – point b
(b) in so far as possible, no measures are introduced that are likely to endanger seriously the gas supply situation in another Member State; and
Amendment 651 #
Proposal for a regulation
Article 10 – paragraph 4 – point c
Article 10 – paragraph 4 – point c
(c) cross-border access to infrastructure in accordance with Regulation (EC) No 715/2009 is maintained as far as technically and safely possible, and with due regard for the safeguarding of populations, in accordance with the emergency plan.
Amendment 653 #
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
The Commission shall verify, as soon as possible, but in any case within five days of receiving the informationmay, at the request of thea competent authority referred to in paragraph 2, whether the declaration of an emergency is justified in accordance with point (c) of paragraph 1 and whether the measures taken follow as closely as possible the actions listed in the emergency plan and are not imposing an undue burden on natural gas undertakings and are in accordance with paragraph 4. The Commission may, at the request of a competent authority, natural gas undertakings or on its own initiative, request the competent authority, natural gas undertakings or on its own initiative, issue non-binding recommendations to the competent authority with a view to modifying the measures where they are contrary to the conditions referred to in the first sentence of this paragraph. The Commission may also request the competent authority to lift the declaration of emergency where it considers that such declaration is not or no longer justified according to point (c) of paragraph 1.
Amendment 654 #
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 2
Article 10 – paragraph 5 – subparagraph 2
Within three days of the notification of the Commission request, the competent authority shallmay modify the measures and notify the Commission thereof, or shall inform the Commission of the reasons for which it does not agree with the request. In that case, the Commission may within three days amend or withdraw its request or, in order to consider the issue, convene the competent authority or, where appropriate, the competent authorities concerned, and, where the Commission deems it necessary, the Gas Coordination Group. The Commission shall set out its detailed reasoning for requesting any changes to the action. The competent authority shall take full account of the position of the Commission. Where the final decision of the competent authority diverges from the Commission position, the competent authority shall provide the reasoning underlying such decision.
Amendment 660 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. At the request of a competent authority that has declared an emergency and following the verification in accordance with Article 10(5), the Council may, further to a report from the Commission may, declare a regional or Union emergency. At the request of at least two competent authorities that have declared an emergency and following the verification in accordance with Article 10(5), and where the reasons for these emergencies are linked, the Commissionuncil shall declare, as appropriate, a regional or Union emergency. In all cases, the Commissionuncil, using the means of communication most appropriate to the situation, shall gather the views of, and take due account of all the relevant information provided by the other competent authorities. When it assesses that the underlying basis for the regional or Union emergency no longer justifies a declaration of emergency, the Commissionuncil shall declare an end to the regional or Union emergency. In all cases, the Commission shall give its reasons and inform the Council of its decision.
Amendment 662 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall convene the Gas Coordination Group as soon as it declares a regional or Union emergency has been declared. During the regional or Union emergency, at the request of at least threone Member States, the Commission mayust restrict participation in the Gas Coordination Group, for an entire meeting or part thereof, to the representatives of the Member States and the competent authorities.
Amendment 664 #
Proposal for a regulation
Article 11 – paragraph 5 – introductory part
Article 11 – paragraph 5 – introductory part
5. The Member States and in particular the competent authorities shall ensure that, except in the event of a national emergency:
Amendment 665 #
Proposal for a regulation
Article 11 – paragraph 5 – point a
Article 11 – paragraph 5 – point a
(a) no measures are introduced which unduly restrict the flow of gas within the internal-State market at any time, notably the flow of gas to the affected markets;
Amendment 668 #
Proposal for a regulation
Article 11 – paragraph 6 – subparagraph 2
Article 11 – paragraph 6 – subparagraph 2
Within three days of notification of the Commission request, the Member State or the competent authority shall change its action and notify the Commission or shall set out to the Commission the reasons for which it does not agree with the request. In that case, the Commission may within three days amend or withdraw its request or convene the Member State or the competent authority and, where the Commission deems it necessary, the Gas Coordination Group in order to consider the issue. The Commission shall set out its detailed reasoning for requesting any changes to the action. TIn so far as possible, the Member State or the competent authority shall take full account of the position of the Commission. Where the final decision of the competent authority or the Member State diverges from the Commission position, the competent authority or the Member State shall provide the reasoning underlying such decision.
Amendment 687 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
As long as the supply to households, essential socialpublic services and district heating installations in the Member State having declared the emergency is not satisfied, despite the application of the measure in paragraph 1, the gas supply to customers other than households, essential socialpublic services and district heating installations in any other Member State, directly connected to the Member State which declared the emergency, shall not continue to the extent necessary to supply the households, essential socialpublic services and district heating installations in the Member States having declared the emergency.
Amendment 698 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The competent authorities shall adopt the necessary measures, so that gas not supplied to customers other than households, essential socialpublic services and district heating installations in their territory in the situation described in paragraph 2 can be supplied to the Member State in the emergency situation described in the same paragraph for the supply to households, essential socialpublic services and district heating installations in that Member State.
Amendment 730 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Where the Commission considers that the gas supply in a region or the Union as whole is affected or is likely to be affected it may require the competent authorities to collect and submit to the Commission information necessary to assess the situation of the gas supply in the Union. The Commission mayshall share its assessment with the Council and the Gas Coordination Group.
Amendment 747 #
Proposal for a regulation
Article 13 – paragraph 6 – point b
Article 13 – paragraph 6 – point b
(b) to the competent authority and to the Commission immediately after their conclusion or modification the gas supply contracts with a duration of more than 1 year concluded or modified after [OP: Please insert the date of entry in force of this Regulation] that individually or cumulatively with other contracts with the same supplier or its affiliates provide more than 40% of yearly natural gas consumption in the Member State concerned. The notification obligation shall not apply to the modifications related only to the gas price. The notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract.
Amendment 758 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. In duly justified circumstances, where the competent authority or the Commission considers that a gas supply contract not covered by paragraph 6(b) of this Article might affect the security of supply of a Member State, region or of the Union as whole, the competent authority of the Member State where the natural gas undertaking who has concluded the contract operates or the Commission may request the natural gas undertaking to provide the contract for the assessment of its impact on security of supply. The request may cover also any other commercial agreements relevant for the execution of the gas supply contract.
Amendment 760 #
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. The competent authority shall take into account the information received under this article in the preparation of the risk assessment, preventive action plan and emergency plan or their respective updates. The Commission may adopt a decisnon-binding opinion requesting the competent authority to amend the plans on the basis of the information received under this article.
Amendment 768 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. A Gas Coordination Group is established to facilitate the coordination of measures concerning security of gas supply. The Group shall be composed of representatives of the Member States, in particular of their competent authorities, as well as the Agency for the Cooperation of Energy Regulators (the "Agency"), the ENTSO for Gas and representative bodies of the industry concerned and those of relevant customers. The Commissionuncil shall, in consultation with the Member StatesCommission, decide on the composition of the Group, ensuring it is fully representative. The Commission shall chair the Group. The Group shall adopt its rules of procedure.
Amendment 769 #
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. The Gas Coordination Group shall be consulted and shall assist the Commission and the Council in particular on the following issues:
Amendment 776 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) the Ministerial Council of the Energy Community adopts and integrates this RegulationDirective in the Energy Community by means of a Joint Act on security of supply introducing reciprocal obligations on the side of Energy Community Contracting Parties in the relations with the Member States,
Amendment 781 #
Proposal for a regulation
Article 16 – subparagraph 1
Article 16 – subparagraph 1
The Commission shall carry out continuous monitoring of the security of gas supply measures and report regularly to the Council and the Gas Coordination Group.
Amendment 783 #
Proposal for a regulation
Article 18 – title
Article 18 – title
Amendment 784 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this ArticlMember States shall adopt and publish, not later than four years after the entry into force of this Directive, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. They shall apply those provisions not later than four years after the entry into force of this Directive. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Amendment 785 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The power to adopt delegated acts referred to in Article 6(3) and Article 7(3) shall be conferred on the Commission for an undetermined period of time from the [OP: please insert the date of entry into force of the this Regulation]Member States shall form regions and conclude an agreement as provided for in Article 3 (7) within three years of the publication of this Directive.
Amendment 787 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The delegation of power referred to in Article 6(3) and Article 7(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in forcMember States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Amendment 788 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 789 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 791 #
Proposal for a regulation
Article 19 – subparagraph 1 – introductory part
Article 19 – subparagraph 1 – introductory part
This RegulationDirective shall not apply to Malta and Cyprus for as long as no gas is supplied on their respective territories. For Malta and Cyprus the obligations laid down in, and the choices those Member States are entitled to make pursuant to, the following provisions shall be fulfilled and made within the specified time after the date when gas is first supplied on their respective territories:
Amendment 793 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
References made to the repealed Regulation shall be construed as references to this RegulationDirective and read in accordance with the correlation table in Annex VIII.
Amendment 795 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
This RegulationDirective shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Amendment 796 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
This Regulation shall be binding in its entirety and directly applicable in allDirective is addressed to the Member States.
Amendment 799 #
Proposal for a regulation
Annex I
Annex I
Amendment 804 #
Proposal for a regulation
Annex I
Annex I