35 Amendments of Hans-Olaf HENKEL related to 2016/0379(COD)
Amendment 202 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Agency, in close cooperation with the national regulatory authorities and the ENTSO for Electricity, shall monitor and analyse the performance of regional operational centres, taking into account the reports provided for in [Article 43 paragraph 4 recast Electricity Regulation as proposed by COM(2016) 861/2]. 43 (4) of Regulation (EU) .../... [proposed recast Electricity Regulation, COD (2016) 0379]. The Agency shall ensure that the regional operational centres comply with their obligations under Regulation (EU) .../... [proposed recast Electricity Regulation, COD (2016) 0379], the network codes adopted pursuant to Art. 54 and 55 thereof and the guidelines adopted.
Amendment 206 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) setting fundamental principles for well-functioning, integrated 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; through sector coupling technologies providing flexibility and contributing to security of supply.
Amendment 211 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) setting fundamental principles for well-functioning, integrated 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 bys well as enablinge market integration and market- based remuneration of electricity generated from renewable sources;
Amendment 221 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. The Agency shall, after consulting with the relevant stakeholders, approve and amend where necessary the methodologies
Amendment 224 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) carry out the obligations laid out in Article 3, 5, 11, 12 and 13 of Regulation (EU) No 347/2013.
Amendment 230 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) monitor wholesale markets, collect and share data and register 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 232 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
The Agency may, in circumstances clearly defined by the Commission in Guidelines adopted pursuant to Article 57 of [recast Electricity Regulation as proposed by COM(2016) 861/2] or Article 23 of Regulation (EC) No 715/2009 and on issues related to the purpose for which it has been established, be commissioned with additional tasks respecting the limits of transfer of executive powers to Union agencies . The Commission may provide an explanation as to whether the foreseen new competences are in line with the Meroni doctrine and existing rulings of the European Court of Justice.
Amendment 251 #
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 271 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Decisions of the Administrative Board shall be adopted on the basis of a simpletwo-thirds majority of the members present, unless provided otherwise in this Regulation. Each member of the Administrative Board or alternate shall have one vote.
Amendment 288 #
Proposal for a regulation
Article 20 – paragraph 1 – point e
Article 20 – paragraph 1 – point e
(e) adopt, each year by 31 January the draft programming document referred to in Article 21 before itsand submissiont it to the Commission for its opinion, and shall, following the opin, the European Parliament and the Council. It shall, following the advice of the Commission, and in relation tof the Commissionmultiannual programming after consulting the European Parliament, and after having received approval by the Board of Regulators in accordance with Article 23(5)(c), adopt the programming document of the Agency by a two thirds majority of its members and shall transmit it to the European Parliament, the Council and the Commission by 31 October. The work programme shall be adopted without prejudice to the annual budgetary procedure anding document shall be made public.
Amendment 290 #
Proposal for a regulation
Article 20 – paragraph 1 – point s a (new)
Article 20 – paragraph 1 – point s a (new)
(sa) after having considered the Director's opinion and after having consulted the Board of Regulators, adopt and publish detailed rules of procedure for all agency tasks under Chapter I, which are not covered by the rules of procedure under Art. 20, 23, 26, 30. Rules of procedure shall ensure a transparent and comprehensive decision-making process guaranteeing openness to scrutiny and fundamental procedural rights including the right to be heard, access to file and duty to give justification.
Amendment 295 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
Each year, the Administrative Board shall adopt a draft programming document containing multi-annual and multi-annual programming, based on a draft put forward by the Director, taking into account the opinion of the Commission in line with Article 32 of Commission Delegation Regulation (EU) No 1271/2013, based on a draft put forward by the Director. The Administrative Board shall adopt the programming document taking into account the opinion of the Commission, after having received the approval of the Board of Regulators for the annual work programme of the Agency and in relation to multiannual programming after consulting the European Parliament. It shall forward it to the European Parliament, the Council and the Commission no later than 31 JanuaryOctober each year.
Amendment 322 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Board of Regulators and sub- committees pursuant to Article 7 shall act by a simpletwo thirds majority of the members present, with one vote for each member, except for the opinion pursuant to paragraph 5(b) which shall be taken on the basis of a two-thirds majority of its members present.
Amendment 323 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The Board of Regulators shall adopt and publish its rules of procedure, which shall set out in greater detail the arrangements governing voting, in particular the conditions on the basis of which one member may act on behalf of another and also, where appropriate, the rules governing quorums. The rules of procedure may provide forinclude arrangements on accessing files, protecting the rights of parties, ensuring deadlines and laying down representation rights and provide for additional specific working methods for the consideration of further issues arising in the context of regional cooperation initiatives.
Amendment 325 #
Proposal for a regulation
Article 23 – paragraph 5 – point a
Article 23 – paragraph 5 – point a
(a) amend and provide opinions to the Director on the opinions, recommendations and decisions referred to in Articles 43 to 14, which are considered for adoption. In addition, tits opinions, the Board of Regulators shall give utmost account to the recommendations of the Director pursuant to Art. 25c or give a statement of grounds as to why it does not. 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 decisions 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 333 #
Proposal for a regulation
Article 23 – paragraph 5 – point a
Article 23 – paragraph 5 – point a
(a) provide opinions to the Director on the opinions, recommendations and decisions referred to in Articles 4 to 14, which are considered for adoption. In addition, the Board of Regulators, within its field of competence, shall provide guidance to the Director in the execution of his or her tasks, with the exception of decisions 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 341 #
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 budgetovisional draft estimate established in accordance with Article 33(3)(11) to 33(3), approve the annual work programme of the Agency 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 23 – paragraph 5 – point d a (new)
Article 23 – paragraph 5 – point d a (new)
(da) provide an opinion to the Administrative Board on the rules of procedures under Art. 20 t.
Amendment 345 #
Proposal for a regulation
Article 23 – paragraph 5 – point d b (new)
Article 23 – paragraph 5 – point d b (new)
(db) provide an opinion to the Administrative Board on the communication and dissemination plans referred to in Art. 41 and on the strategy for relations with third countries or international organisations referred to in Art. 43.
Amendment 358 #
Proposal for a regulation
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
(c) draft , adopt and publish opinions, recommendations and decisions. Opinions, recommendations and decisions referred to in Articles 3 to 11 and 14 ,6, 7(2)a, and 7(4), Articles 8 to 11 and Article 14 shall only be adopted if they have received a favourable opinion of the Board of Regulators;
Amendment 363 #
Proposal for a regulation
Article 25 – paragraph 1 – point f
Article 25 – paragraph 1 – point f
(f) each year prepare a draft work programmeing document of the Agency for the following year, and shall , after the adoption of the draft by the Administrative Board submit it to the Board of Regulators, to the European Parliament and to the Commission by 31 January every year, containing multi-annual programming and the work programme for the following year in accordance with Article 21. The Director shall be responsible for implementing the programming document and reporting to the Administrative Board of its implementation;
Amendment 366 #
Proposal for a regulation
Article 25 – paragraph 1 – point k
Article 25 – paragraph 1 – point k
(k) be responsible for deciding whether it is necessary for the purpose of carrying out the Agency's tasks in an efficient and effective manner to locate one or more staff in one or more Member States for the purpose of carrying out the Agency's tasks in an efficient and effective manner. The decision to establish a local office requires the prior consent of the Commission, the Administrative Board and the Member State or Member States concerned. The decision shall specify the scope of the activities to be carried out at that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency.
Amendment 369 #
Proposal for a regulation
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
The Board of Appeal shall adopt and publish its rules of procedure. Those rules shall set out in detail the arrangements governing the organisation and functioning of the Board of Appeal and the rules of procedures applicable to appeals before the Board, pursuant to this Article. The Board of Appeal shall submit to the Commission its draft rules of procedure. The Commission shall deliver an opinion on the draft rules of procedure within three months from the date of receipt of the rules. The Board of Appeal shall adopt and publish its rules of procedure within two months after receipt of the Commission's opinion. Any subsequent substantial changes to the rules of procedure shall be notified to the Commission. The Commission shall subsequently deliver an opinion on those changesArt. 29.
Amendment 371 #
Proposal for a regulation
Article 26 – paragraph 3 – subparagraph 2
Article 26 – paragraph 3 – subparagraph 2
The budget of the Agency shall comprise a separate budget line for the financing of the functioning of the registry for the Board of Appeal and of an appropriate number of staff to prepare its decisions.
Amendment 373 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where justified and in particular to support the regulatory work of the Director and of the Board of Regulators on regulatory issues, the Administrative Board may establish working groupDirector and Board of Regulators may jointly establish working groups. The Board of Regulators shall appoint the working group chairs.
Amendment 392 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The Administrative BoardDirector, after consulting the Board of Regulators, shall adopt and publish internal rules of procedure for the functioning of the working groups.
Amendment 397 #
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. The working groups shall carry out the activities assigned to them in the programming document adopted pursuant Art. 20(1)(e) and any further tasks assigned to them by the Director and Board of Regulators
Amendment 403 #
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 for decisions on cross border cost allocation provided by the Agency pursuant to Article 12 of Regulation (EU) No 347/201339; (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. __________________ 39 OJ L 115, 25.4.2013, p. 39.
Amendment 406 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The fees referred to in paragraph 1 shall be set by the Commission after consulting the Agency.
Amendment 533 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Amendment 568 #
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 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 and sector coupling technologies, including operators located in other Member States unless technically not feasible.
Amendment 585 #
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 52 % of installed capacities using renewable energy sources or high- efficiency cogeneration in their area;
Amendment 652 #
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 maximise economic efficiency and cross- border trading opportunities while maintaining security of supply. Current bidding zones shall be assessed based on their ability to incentivise sufficient flexible generation and load capacity which is crucial for avoiding grid bottlenecks, balancing electricity demand and supply securing the long-term security of the grid.
Amendment 752 #
Proposal for a regulation
Article 16 – paragraph 7
Article 16 – paragraph 7
7. Distribution tariffs shall reflect the cost of use of the distribution network by system users including active customers, and may be differentiated based on system users’ consumption or generation profiles. Where Member States have implemented the deployment of smart metering systems, regulatory authorities may introduce time differentiated network tariffs, reflecting the use of the network, in a transparent and foreseeable way for the consumer. Industrial consumers should be exempt from charges when preventing grid congestion or providing balancing energy through flexibility and services based on storage, green hydrogen, and other load shifting measures. This exemption shall apply to industrial customers that are able to shift their load in support of the system by a flexible production or by backup support through energy storage.
Amendment 763 #
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. 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, in their networks. DSOs and TSOs shall be allowed to approve flexibility services that secure grid stability via network operating resources. Costs for procuring such flexibility services or building and operating storage installation providing the needed flexibility must be considered as grid infrastructure and must be treated equally as investments in grid expansion.