30 Amendments of Steeve BRIOIS related to 2016/0030(COD)
Amendment 40 #
Proposal for a regulation
Recital 1
Recital 1
(1) Natural gas (gas) remains an essential component of the energy supply of the Union’s Member States. A large proportion of such gas is imported into the Union’s Member States from third countries.
Amendment 46 #
Proposal for a regulation
Recital 2
Recital 2
(2) A major disruption of the gas supply can affect all Member States, the Union as a whole and Contracting Parties to the Treaty establishing the Energy Community, signed in Athens on 25 October 2005. It can also severely damage the Union economy of the Union’s Member States and can have a major social impact, particularly on vulnerable groups of customers.
Amendment 54 #
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.ensured that Member States are better prepared to face afor a possible break in supply cr. This is now that theybecause the Member States 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, the 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. However, implementation of that regulation has considerably reduced national authorities’ room for manoeuvre in what is a strategic area while yielding only very limited benefits, as the Member States are no better protected against this type of risk than they were before.
Amendment 56 #
Proposal for a regulation
Recital 5
Recital 5
(5) The Commission’s Communication on the short-term resilience of the European gas system from October 201413 analysed the effects of a partial or complete disruption of gas supplies from Russia and concluded that purely national approacheAlthough a purely national approach would not allow an appropriate response to a partial or complete disruption of gas supplies from one of the Union’s main suppliers, full integration of the European gas mare not very effective in the event of severe disruption, given their scope, which is by definition limited. This stress test showed how a more cooperative approach among Member States could significantly reduce the impact of very seket would not mitigate the effects of a major disruption in the most vulnerable Member States. A more cooperative approach that respects the sovereignty of each Member State is the only way of ensuring that there is an effective re disruption scenarios in the most vulnerable Member States. __________________ 13 COM(2014) 654 finalsponse to a crisis of this kind.
Amendment 57 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Diversification of Member States’ sources of supply is essential if we are to reduce Member States’ dependence on their energy suppliers. However, this Regulation must not be instrumental in marginalising Russia in trade relations with the Union.
Amendment 59 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 62 #
Proposal for a regulation
Recital 7
Recital 7
(7) An internal gas market that operates smoothly is the best guarantee of security of energyThe Union’s Member States’ reaction to a 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 gas market and damage the gas supply to customers in other Member States. To allow the internal 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 actualisis needs to be coordinated as regards both preventive action and the reaction to actual disruptions of supply. However, it would be extremely inappropriate to forbid a Member State to take unilateral action to protect itself against disruptions of its gas supplyies.
Amendment 74 #
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 77 #
Proposal for a regulation
Recital 13
Recital 13
(13) The infrastructure standard should obliencourage Member States to maintain a minimum level of infrastructure such as to ensure a degree of redundancy in the system in the event of a disruption of the single largest infrastructure. As an analysis by reference to the N-1 indicator constitutes a purely capacity-based- approach, the results of N-1 should be complemented with a detailed analysis that also captures gas flows.
Amendment 79 #
Proposal for a regulation
Recital 14
Recital 14
(14) Regulation (EU) No 994/2010 requires transmission system operators to enable permanent bi-directional capacity on all cross-border interconnections unless an exemption has been granted from this obligation. It aims to ensure that the possible benefits of permanent bi- directional capacity are always taken into account when a new interconnector is planned. However, bi-directional capacity can be used to supply gas both to the neighbouring Member State and to others along the gas supply corridor. The benefits for security of supply of enabling permanent bi-directional capacity thus need to be seen in a broader perspective, in a spirit of solidarity and enhanced cooperation. A cost-benefit analysis that takes account of the whole transportation corridor should therefore be conducted when considering whether to implement bi-directional capacity. The competent authorities should accordingly be required to re-examine the exemptions granted under Regulation (EU) 994/2010 on the basis of the results of the regional risk assessments.
Amendment 84 #
Proposal for a regulation
Recital 17
Recital 17
(17) A regional approach to assessing risks and defining and adopting preventive and mitigating measures enables efforts to be coordinated, bringing significant benefits in terms of the effectiveness of measures and optimisation of resources. This applies particularly to measures designed to guarantee a continued supply, under very demanding conditions, to protected customers, and to measures to mitigate the impact of an emergency. Assessing correlated risks at regional level, which is both more comprehensive and more precise, will ensure that Member States are better prepared for any crises. Moreover, in an emergency, a coordinated and pre-agreed approach to security of supply ensures a consistent response and reduces the risk of negative spill-over effects that purely national measures could have in neighbouring Member Statesto this type of risk.
Amendment 88 #
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 arranging 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 regionces.
Amendment 93 #
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 should 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 101 #
Proposal for a regulation
Recital 28
Recital 28
(28) DThought should be given to taking demand-side measures, such as fuel switching orand even reducing the gas supply to large industrial consumers in an economically efficient order, may have a valuable role to play in ensuring energy security, if they can be applied quickly and significantly reduce demand in response to a supply disruption. More should be done to promote efficient energy use, particularly where demand- side measures are needed. The environmental impact of any demand and supply-side measures proposed must be taken into account, with preference being given, as far as possible, to measures that have least impact on the environment. At the same time, security of supply and competitiveness aspects must be taken into accountin the event of a supply disruption. Member States have sole responsibility for establishing that order and determining their gas supply priorities.
Amendment 107 #
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 social 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 109 #
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) Solidarity mechanisms of this kind make it possible to respond swiftly to a partial or complete disruption of gas supplies. They are not, however, a sustainable means of addressing the difficulties caused by Member States’ heavy dependence on outside energy suppliers. The opportunities provided by alternative fossil fuels, such as coal gas, which does not require the use of hydraulic fracturing, should therefore be explored.
Amendment 132 #
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
Amendment 135 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The competent authorities within each region shall agree on a cooperation mechanism to conduct the risk assessment within the deadline provided for in paragraph 5 of this Article. Competent authorities shall report to the Gas Coordination Group on the agreed cooperation mechanism for conducting the risk assessment 18 months before the deadline for the adoption of the risk assessment and the updates of the risk assessment. The Commission may have a facilitating role overall in the preparation of the risk assessment, in particular for the establishment of the cooperation mechanism. If competent authorities within a region do not agree on a cooperation mechanism, the Commission may propose a cooperation mechanism for that region.
Amendment 145 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Competent authorities shall regularly report to the Gas Coordination Group on the progress achieved on the preparation and adoption of the preventive action plans and the emergency plans. In particular competent authorities shall report to the Gas Coordination Group on the agreed cooperation mechanism 18 months before the deadline for the adoption of the plans and the updates of the plans. The Commission may have a facilitating role overall in the preparation of the plans, in particular for the establishment of the cooperation mechanism. If competent authorities within a region do not agree on a cooperation mechanism, the Commission may propose a cooperation mechanism for that region. They shall ensure the regular monitoring of the implementation of such plans.
Amendment 146 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The preventive action plan and the emergency plan shall be developed in accordance with the templates contained in Annex V. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 to amend those templates.
Amendment 148 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 151 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 154 #
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 functioning of the internal market in gas.
Amendment 155 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 159 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 162 #
Proposal for a regulation
Article 11 – paragraph 5 – point a
Article 11 – paragraph 5 – point a
Amendment 163 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
Amendment 164 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
Amendment 168 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 173 #
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 Commission shall, in consultation with the Member States, 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.