17 Amendments of Fulvio MARTUSCIELLO related to 2016/0379(COD)
Amendment 163 #
Proposal for a regulation
Recital 28
Recital 28
(28) Prior to introducing capacity mechanisms, Member States should assess regulatory distortions contributing to the related resource adequacy concern. They should be required to adopt measures to eliminate the identified distortions including a timeline for their implementation. Capacity mechanisms should only be introduced for the residual concerns that cannot be addressed through removing such distortions.
Amendment 169 #
Proposal for a regulation
Recital 30
Recital 30
(30) Main principles of capacity mechanisms should be laid down, building on the environmental and energy State aid principles and the findings of DG Competition's Sector Inquiry on capacity mechanisms. CThe design of capacity mechanisms already in place should be reviewed in light of these principles. In case the European resource adequacy assessment reveals the absence of any adequacy concern, no new capacity mechanism should be established and no new capacity commitments under mechanisms already in place should be madeshould incorporate long-term price signals in order to reduce investor risk and related capital and financing costs, notably by introducing appropriate and sufficiently long lead times and contract durations. The application of the State aid control rules pursuant to Articles 107 to 109 TFUE must be complied with at all times.
Amendment 220 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the proposals for methodologies and calculations related to the European resource adequacy assessment pursuant to Article 19(2), (3) and (5) of [recast Electricity Regulation as proposed by COM(2016) 861/2].
Amendment 253 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Administrative Board shall be composed of nineeleven members. Each member shall have an alternate. Two members and their alternates shall be appointed by the Commission, two members and their alternates shall be appointed by the European Parliament, two members and their alternates shall be appointed by the Board of Regulators and five members and their alternates shall be appointed by the Council. No Member of the European Parliament shall be a member of the Administrative Board.
Amendment 259 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The meetings of the Administrative Board shall be convened by its Chairman. The Chairman of the Board of Regulators or the nominee of the Board of Regulators, and the Director shall participate, without the right to vote, in the deliberations unless the Administrative Board decides otherwise as regards the Director. The Administrative Board shall meet at least twice a year in ordinary session. It shall also meet at the initiative of its Chairman, at the request of the Commission or at the request of at least a third of its members. The Administrative Board may invite any person who may have a relevant opinion to attend its meetings in the capacity of an observer. The members of the Administrative Board may, subject to its rules of procedure, be assisted by advisers or experts. The Administrative Board’s secretarial services shall be provided by the Agency.
Amendment 272 #
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 298 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
Each year, the Administrative Board shall adopt a programming document containing multi-annual and annual programming, based on a draft put forward by the Director and approved by the Board of Regulators, taking into account the opinion of the Commission 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 January each year.
Amendment 316 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. All market participants shall aim for system balance and shall be financially responsible for imbalances they cause in the system. They shall either be balance responsible parties or delegate their responsibility to a balance responsible party of their choice. Balancing responsibilities for RES generators should be made conditional to the existence of fair market rules.
Amendment 317 #
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 328 #
Proposal for a regulation
Article 23 – paragraph 5 – point a
Article 23 – paragraph 5 – point a
(a) provide opinions to the Director on the all documents containing opinions, recommendations and decisions referred to in Articles 43 to 14, 16 and 30, which are considered for adoption. In addition, tThe Board of Regulators, within its field of competence, shall provide guidance to the Director may have the right of initiative on the basis of a two-thirds majority of the members present in drafting the execution of his tasks, with the exception of decisions pursuant to Article 16(6) of Regulation 1227/200138. __________________ 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. 1mentioned opinions, recommendations and decisions. In addition, the Board of Regulators, within its field of competence, shall provide guidance to the Director and the Agency working groups in the execution of his their tasks.
Amendment 361 #
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 , 16 and 30 shall only be adopted if they have received a favourable opinion of the Board of Regulators;
Amendment 376 #
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 mayDirector shall, following a favourable opinion of the Board of Regulators, establish working groups.
Amendment 384 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The working groups shall be composed of experts from the staff of the Agency, and from national regulatory authorities and. Experts from the Commission shall, participate as observers, as necessary. The Agency shall not be responsible for the costs of the participation of experts from the staff of national regulatory authorities in the Agency working groups.
Amendment 386 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The Administrative BoardDirector, following a favourable opinion of the Board of Regulators, shall adopt and publish internal rules of procedure for the functioning of the working groups. The Director, following a favourable opinion of the Board of Regulators, shall appoint working group chairs.
Amendment 393 #
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. The Agency Working Groups, under the guidance of the Board of Regulators, shall carry out the activities assigned to them in the programming document adopted pursuant to Article 20(1) (e) and any activities assigned to them by the Board of Regulators and the Director.
Amendment 1492 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The Commission shall, after consulting the Agency, the ENTSO for Electricity, the distribution system operators and the other relevant stakeholders, establish an annual priority list every three years, identifying the areas set out in paragraph 1 to be included in the development of network codes. If the subject-matter of the network code is directly related to the operation of the distribution system and less relevant for the transmission system, the Commission may require the EU DSO entity for electricity instead of the ENTSO for Electricity to convene a drafting committee and submit a proposal for a network code to the agency.
Amendment 1524 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. Draft amendments to any network code adopted under Article 55 may be proposed to the Agency by persons who are likely to have an interest in that network code, including the ENTSO for Electricity, the EU DSO entity, transmission system operators, distribution system operators, system users and consumers. The Agency may also propose amendments on its own initiative.