Activities of Barbara KAPPEL related to 2016/0030(COD)
Shadow reports (1)
REPORT 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 PDF (1 MB) DOC (230 KB)
Amendments (81)
Amendment 186 #
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 Regulation, to identify the relevant risks in each regionegional risks and optimise the benefits of coordinated measures to mitigate them and to implement the most cost-effective measures for Union consumers.
Amendment 215 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 222 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 235 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to make the regional cooperation feasible, Member States connected directly or in certain circumstances indirectly through a non- EU Member State 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 regiontheir grouping. 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 region. roup of connected Member States.
Amendment 245 #
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 article 6 of Decision No 1313/2013/EU18 . __________________ 18 Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 24).
Amendment 253 #
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. TheyThese plans 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 291 #
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. Fulfilling security of supply standards on the level of Member States is a condition to make solidarity mechanisms work. Transparency on the level of Member States about the fulfilment shall serve the spirit of solidarity. For the creation of these mechanisms, Member States should identify and describe the corresponding details of these solidarity measures in their emergency plans, ensuring fair and equitable compensation of the natural gas undertakings. The Commission shall submit a framework for necessary technical, legal and financial arrangements to be agreed between neighbouring Member States.
Amendment 308 #
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 contractsthe most pertinent key details of 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. 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 identified. The provisions of this Regulation 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 336 #
Proposal for a regulation
Recital 45
Recital 45
(45) To allow for a swift Union response to changing circumstances as regards security of gas supply, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendment of regions and templates for risk assessment and plans. It is particularly important that the Commission carry out appropriate consultations during its preparatory work, including at expert level, involving the competent authorities and the National Regulatory Authorities. When preparing and drawing up delegated acts, it should ensure that relevant documents are simultaneously sent to the European Parliament and the Council, in good time and in the appropriate manner.
Amendment 350 #
Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – introductory part
Article 2 – subparagraph 2 – point 1 – introductory part
(1) 'protected customer’ means a household customer connected to a gas distribution network and, in addition, where the Member State concerned so decides, may also mean one or more of the following:
Amendment 356 #
Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – point a
Article 2 – subparagraph 2 – point 1 – point a
Amendment 360 #
Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – point b
Article 2 – subparagraph 2 – point 1 – point b
Amendment 369 #
Proposal for a regulation
Article 2 – subparagraph 2 – point 2
Article 2 – subparagraph 2 – point 2
Amendment 382 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Security of gas supply shall be a shared responsibility of natural gas undertakings, Member States, notably through their competent authorities, and the Commission, within their respective areas of activities and competence. Infrastructure operators shall be responsible for infrastructure, while supply undertakings shall be responsible for the function of supply.
Amendment 392 #
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
Amendment 407 #
Proposal for a regulation
Article 3 – paragraph 7 a (new)
Article 3 – paragraph 7 a (new)
7a. A regional collaboration of Member States shall be based on an assessment of correlated supply risks and probability of shortfalls. The Commission shall identify and assess potential supply risks together with National Regulatory Authorities of the Member States and natural gas suppliers. The principles for this assessment are set out in Annex 1.
Amendment 420 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. In so far as an investment for enabling or enhancing permanent bi- directional capacity is not required by the market and where that investment incurs costs in more than one Member State or in one Member State for the benefit of another Member State, the national regulatory authorities of all Member States concerned shall jointly decide on cost allocation as laid down in Article 12 of Regulation 347/2013 before any investment decision is taken. The cost allocation shall in particular take into account the proportion of the benefits of the infrastructure investments for the increase of security of supply of the Member States concerned as well as investments already made in the infrastructure in question.
Amendment 431 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The competent authority shall require the natural gas undertakingsuppliers, that it identifies, to take measures to ensure, based on the physical availability of gas, the supply of gas to the protected customers of the Member State in each of the following cases:
Amendment 433 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 a (new)
Article 5 – paragraph 1 – subparagraph 1 a (new)
In Member States where only one source of gas is available, this duty should be fulfilled by the importing supplier.
Amendment 436 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
No later than 31 March 2017 Member States shall notify the Commission their definition of protected customers, the annual gas consumption volumes of the protected customers and the percentage they represent of the total annual final gas consumption in that Member State. Where a Member State includes in its definition of protected customers the categories referred to in point (a) or (b) of Article 2 (1) it shall specify in the notification to the Commission the gas consumption volumes corresponding to consumers belonging to those categories and the percentage that each of those groups of consumers represents in terms of the annual final use of gas.
Amendment 441 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 3
Article 5 – paragraph 1 – subparagraph 3
Amendment 446 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 451 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Based on an assessment consistent with the Cost-Benefit Analysis methodology as defined in the Regulation (EC) No 347/2013, competent authorities shall consider increasing the supply standards in order to improve the physical availability of gas in case of an emergency, taking into account the availability of existing gas infrastructure at a regional level.
Amendment 452 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. After the periods defined by the competent authority in accordance with paragraphs 1 and 2, or under more severe conditions than those defined in paragraph 1, the competent authority and natural gas undertakingsuppliers shall endeavour to maintain, as far as possible, the gas supply, in particular for protected customers.
Amendment 454 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The obligations imposed on natural gas undertakingsuppliers for the fulfilment of the supply standards laid down in this Article shall be non-discriminatory and shall not impose an undue burden on those undertakings.
Amendment 457 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Natural gas undertakingSuppliers shall be allowed to meet their obligations under this Article at a regional or Union level, where appropriate. The competent authorities shall not require the standards laid down in this Article to be met based on infrastructure located only within its territory.
Amendment 460 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The competent authorities shall ensure that conditions for supplies to protected customers are established without prejudice to the proper functioning of the internal energy market and at a price respecting the market value of the supplies. Suppliers shall ensure that supply interruptions due to well-known risks concerning particular gas transport routes are not subject to contractual force majeure clauses.
Amendment 461 #
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. By [6 months after the date of entry into force of this regulation], the Member States shall establish measures to impose fines on suppliers if they fail to comply with the supply standards described in paragraph 1. Such fines shall be effective, proportionate and persuasive.
Amendment 464 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. TheEach competent authorities of each region as listed in Annex I shall jointly make any in cooperation with the national regulatory authorities where they are not the competent authorities of each Member State shall undertake a full national assessment atincluding regional levelaspects 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 o so as to allow for a genuine bottom-up approach of cooperation. The assessment shall be conducted on the basis of the following common elements of ther risks. The risk assessment shall be carried out affecting the security of gas supply in its Member State by:
Amendment 478 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) using the standards specified in Articles 4 and 5. The risk assessment shall describe the calculation of the N – 1 formula at national level and include a calculation of the N-1 formula at regional level. The risk assessment shall also include the assumptions used, including those for the calculation of the N – 1 formula at regional level, and the data necessary for such calculation. The calculation of the N-1 formula at national level shall be accompanied by a simulation of the disruption of the single largest infrastructure using a hydraulic modelling on the level of the transmission system operators as well as a calculation of the N- 1 formula considering the level of gas in storages at 30% and 100% of the total capacity;
Amendment 490 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) identifying the interaction and correlation of risks among theconnected Member States in the region and with other Member States, as appropriate, including, inter alia, as regards interconnections, cross-border supplies, cross-border access to storage facilities and bi-directional capacity;
Amendment 495 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 503 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The regional chapter on risk assessment once agreed by all connected Member States in the region, cooperating pursuant to Article 3(7) shall be notified to the Commission for the first time no later than on 1 September 2018. The risk assessment shall be updated every four years unless circumstances warrant more frequent updates. The risk assessment shall take account of progress made in investments needed to cope with the infrastructure standard defined in Article 4 and of country-specific difficulties encountered in the implementation of new alternative solutions. It shall also build on the experience acquired through the simulation of the emergency plans contained in Article 9 (2).
Amendment 511 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. By 1 November 2017 ENTSO for Gas shall carry out a Union wide simulation of supply and infrastructure disruption scenarios. The scenarios shall be defined by ENTSO for Gas in consultordination with the Gas Coordination Group. The competent authorities shall provide ENTSO for Gas with the necessary data for the simulations such as peak demand values, production capacity and demand side measures. The competent authorities shall involve their national regulatory authorities and take into account the results of the simulations for the preparation of the risk assessments, preventive action plans and emergency plans. The Union-wide simulation of supply and infrastructure disruption scenarios shall be updated every four years unless circumstances warrant more frequent updates. In addition ENTSO for Gas shall spread information gained by the Early Warning Mechanism on regular basis among the Gas Coordination Group.
Amendment 520 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The competent authorities of the Member States of each region as listed in Annex Iin cooperation with the national regulatory authorities where they are not the competent authorities, after consulting the natural gas undertakings, the relevant organisations representing the interests of household and industrial gas customers, including electricity producers, and the national regulatory authorities, where they are not the competent authorities, shall establish jointly shall, without prejudice to paragraph 3 establish at national level:
Amendment 526 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) a preventive action plan containing the measures to be adopted to remove or mitigate the risks identified in the regionamong the connected Member States, including risks of purely natregional dimension, in accordance with the risk assessment undertaken pursuant to Article 6 and in accordance with Article 8; and
Amendment 532 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) an emergency plan containing the measures to be taken to remove or mitigate the impact of a gas supply disruption in the region, including events of purely national dimension, in accordance with Article 9.
Amendment 535 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The competent authorities within each regionof the connected Member States shall agree on a cooperation mechanism sufficiently in time to establish the plans and allow for their notification and for the notification of the updated plans.
Amendment 537 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 a (new)
Article 7 – paragraph 2 – subparagraph 1 a (new)
Before adopting a Preventive Action Plan and an Emergency Plan, the competent authorities, in cooperation with national regulatory authorities where they are not the competent authorities of connected Member States, cooperating pursuant to Article 3(7) shall exchange their draft Plans and exchange views with each other and the Commission, so as to verify that the measures envisaged are consistent within the different Plans and that they comply with this Regulation and other provisions of the Union law. These consultations shall be carried out in particular among neighbour states, notably in groups of states forming gas islands and their neighbours. On the basis of these consultations and recommendations, the competent authorities, in cooperation with the national regulatory authorities where they are not the competent authorities, cooperating according to Article 3(7) can decide to draft joint Preventive Action Plans and joint Emergency Plans in addition to Plans established at national level. Where joint Plans are to be established, the authorities concerned shall conclude agreements to implement regional cooperation, which can be formally endorsed by Member States if necessary.
Amendment 538 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
The measures necessary to remove and mitigate risks of a purely natregional dimension as well as the measures to be taken to remove or mitigate the impact of events which, due to their limited size, are to be addressed at natregional level only, shall be developed by eachin cooperation with the connected competent authorityies of the region constituted by connected Member States and included in the plans developed at regnational level. Such nNational measures shall not hamper in any way the effectiveness of measures at regional level. Each competent authority shall also identify areas for regional cooperation and possible joint measures. The national measures together with the proposals for regional cooperation shall be shared with other competent authorities in the regionof connected Member States one year before the deadline for the notification of the plans.
Amendment 542 #
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 competentnational authorities within a region do not agree on a cooperation mechanismof connected Member States do not agree on the content of the regional aspects of the preventive action plan, the Commission may propose a regional cooperation mechanism for that region. They shall ensure the regular monitoring of the implementation of such plans.
Amendment 550 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The preventive action plans and emergency plans shall be adopted by all connected Member States in the region, made public and notified to the Commission no later than on 1 March 2019. Such notification shall take place once the plans have been adopted by all Member States in the region. The Commission shall inform the Gas Coordination Group about the notification of the plans and publish them on the Commission website.
Amendment 556 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point b
Article 7 – paragraph 5 – subparagraph 2 – point b
(b) is inconsistent with the risk scenarios assessed or with the plans of another regionestablished on basis of cooperation pursuant Article 3(7) of connected Member States;
Amendment 576 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the definition of protected customers in each connected Member State of the region and the information described in the second subparagraph of Article 5(1);
Amendment 579 #
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the measures, volumes and capacities needed to fulfil the infrastructure and supply standards in each Member State of the regionthe connected Member States, as laid down in Articles 4 and 5, including where applicable, the extent to which demand- side measures can sufficiently compensate, in a timely manner, for a supply disruption as referred to in Article 4(2), the identification of the single largest gas infrastructure of common interest in the case of application of Article 4(3), the necessary gas volumes per category of protected customers and per scenario as referred to in Article 5(1) and any increased supply standard under Article 5(2), including a justification of the compliance with the conditions set in Article 5(2) and a description of a mechanism to temporarily reduce any increased supply standard or additional obligation in accordance with Article 12;
Amendment 609 #
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. The Member StatNational Regulatory Authorities shall carry out an impact assessment on all preventive non-market based measures to be adopted after the entry into force of this Regulation, including the measures to comply with the supply standard set out in Article 5(1) and the measures for the increased supply standard set out in Article 5(2). Such impact assessment shall cover at least the following:
Amendment 618 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Amendment 642 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The measures, actions and procedures contained in the emergency plan shall be tested at least twice between its regular four-year updates referred to in paragraph 3 at national and regional level. In order to test the emergency plan, Member States shall simulate high and medium impact scenarios and responses in real time in accordance with their emergency plan. The results of the tests shall be presented at the Gas Coordination Group by the competent authorities.
Amendment 647 #
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 inof the regionconnected Member States in particular of the action it intends to take. In duly justified exceptional circumstances, the competent authority may take action deviating from the emergency plan. The competent authority shall immediately inform the Commission and the competent authorities in the regionof connected Member States of any such action and shall provide a justification therefore.
Amendment 669 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 679 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
As long as the supply to households, essential social 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 social services and district heating installationprotected customers in the Member State having declared the emergency is not satisfied, and buying gas is no longer a viable option, the gas supply to customers other than protected customers 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 social services and district heating installationprotected customers in the Member States having declared the emergency.
Amendment 690 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 a (new)
Article 12 – paragraph 2 – subparagraph 1 a (new)
The gas supply in any other Member State, directly or indirectly connected to the Member State which declared the emergency, shall only be reduced if the supply standard of the Member State in an emergency situation pursuant to Article 5(1) is permanently satisfied. The Commission shall monitor the fulfilment of the supply standard on the level of the Member States.
Amendment 692 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
The first subparagraph shall apply to essential social services and district heating installations to the extent they are covered by the definition of protected customers in the respectivapplicability of Article 12(2) shall be subject to the condition that the Member State who is calling for solidarity meets all his duties under this Regulation, in particular that the Member State makes use of all measures described in the respective emergency plan and that the technical and commercial terms of the agreement in the Member Stategency plan are met.
Amendment 695 #
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 social services and district heating installationprotected customers 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 social services and district heating installationprotected customers in that Member State.
Amendment 699 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The technical, legal and financial arrangements for the application of paragraph 3 shall be agreed among the Member States which are directly connected to each other and described in the emergency plans of their respective regions. Such arrangements may cover, among others, gas prices to be applied, use of interconnectors, including bi- directional capacity, gas volumes and the coverage of compensation costs. Market- based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3. In case the technical, legal and financial arrangements necessary to apply paragraph 3 are amended, the relevant emergency plan shall be updated accordingly.
Amendment 710 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. If the Member States do not agree on the necessary technical, legal and financial arrangements, the Commission mayshall proposvide a frameworkproposal for such measures in its opinion and decision on the planarrangements.
Amendment 720 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. In duly justified circumstances irrespective of a declaration of emergency, the competent authority may require gas unthe following details, and only these dertakings to provide the information referred to in paragraph 1 or additional information necessaryils of gas supply contracts, as collected under REMIT reporting requirements, with a duration of more than one year from ACER in order to assess the overall situation of the gas supply in the Member State or other Member States, including contractual informationsecurity of supply at national, regional and Union level. The Commission may request from the competent authorities the information provided by natural gas undertakings. on an aggregate level. (a) duration of the contract (b) delivery points (c) maximum daily volumes contracted in the event of an emergency (d) contracted volumes in total on an annual basis and the average volume per month; (e) minimum daily, monthly and yearly gas volumes (f) conditions for the suspension of delivery
Amendment 728 #
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 the relevant information necessary to assess the situation of the gas supply in the Union listed in Article 13(1) and 13(2). The Commission mayshall share its assessment with the Gas Coordination Group.
Amendment 731 #
Proposal for a regulation
Article 13 – paragraph 6 – point a
Article 13 – paragraph 6 – point a
Amendment 737 #
Proposal for a regulation
Article 13 – paragraph 6 – point b
Article 13 – paragraph 6 – point b
Amendment 743 #
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. The Commission may request from the competent authorities the information provided by natural gas undertakings on an aggregate level.
Amendment 748 #
Proposal for a regulation
Article 13 – paragraph 6 – point b – subparagraph 2
Article 13 – paragraph 6 – point b – subparagraph 2
Amendment 753 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
Amendment 764 #
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, groups of Transport System Operators which collaborate on a trans-national level, 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.
Amendment 802 #
Proposal for a regulation
Annex I
Annex I
Amendment 815 #
Proposal for a regulation
Annex II – point 5 – subparagraph 1
Annex II – point 5 – subparagraph 1
The calculated area referred to in point 3 shall be extended to the appropriate regional level. The regions listed in Annex I shall apply for connected Member States. For the calculation of the N – 1 formula at regional level, the single largest gas infrastructure of common interest shall be used. The single largest gas infrastructure of common interest to a region shall be the largest gas infrastructure in the region that directly or indirectly contributes to the supply of gas to the connected Member States of that region and shall be defined in the risk assessment.
Amendment 818 #
Proposal for a regulation
Annex II – point 5 – subparagraph 3
Annex II – point 5 – subparagraph 3
For the calculations referred to in Article 6(1), the single largest gas infrastructure of common interest to the regions as listed in Annex Iof connected Member States shall be used.
Amendment 819 #
Proposal for a regulation
Annex III – point 1 – introductory part
Annex III – point 1 – introductory part
1. To enable or enhance bi-directional capacity on an interconnector or to obtain or prolong an exemption from that obligation, transmission system operators on both sides of the interconnector shall submit to their competent authorities (competent or, where Member States so provide, their competent authorities or their regulatory authorities (referred to in this Article as the "authorities concerned") after consulting with all transmission system operators along the gas supply corridor:
Amendment 820 #
Proposal for a regulation
Annex III – point 3
Annex III – point 3
3. UponThe authority concerned receipt ofving the proposal or the exemption request the competentshall notify the authorities concerned shall without delay consult the competent authorities along the gas supply corridor, the Agencof the other Member States that could, according to the risk assessment, benefit from reverse flow capacity and the Commission onf the proposal or the exemption request. The consulted authorities may issue an opinion within four months of the receipt of the consultation request without delay. That authority concerned shall give those authorities concerned and the Commission the possibility to issue an opinion within a period of 4 months following receipt of that notification.
Amendment 821 #
Proposal for a regulation
Annex III – point 4
Annex III – point 4
Amendment 822 #
Proposal for a regulation
Annex III – point 4 a (new)
Annex III – point 4 a (new)
4a. Within 2 months of the expiry of the period referred to in paragraph 3, the authority concerned, on the basis of the criteria referred to in paragraph 2 and of the risk assessment carried out in accordance with Article 9, and taking utmost account of the opinions received in accordance with paragraph 3 of this Article, and taking into account aspects that are not strictly economic, such as security of gas supply and the contribution to the internal gas market, shall: (a) grant an exemption if reverse flow capacity would not significantly enhance the security of supply of any Member State or region or if the investment costs would significantly outweigh the prospective benefits for security of supply; or (b) accept the proposal for reverse flow capacity; or (c) require the transmission system operator to amend its proposal. The authority concerned shall notify its decision without delay to the Commission, together with all relevant information showing the reasons for the decision, including the opinions received in accordance with paragraph 3 of this Article. The authorities concerned shall endeavour to ensure that mutually dependent decisions which concern the same interconnection or interconnected pipelines do not contradict each other.
Amendment 823 #
Proposal for a regulation
Annex III – point 5
Annex III – point 5
Amendment 824 #
Proposal for a regulation
Annex III – point 6
Annex III – point 6
Amendment 825 #
Proposal for a regulation
Annex III – point 7
Annex III – point 7
Amendment 826 #
Proposal for a regulation
Annex III – point 8
Annex III – point 8
Amendment 827 #
Proposal for a regulation
Annex III – point 9
Annex III – point 9
Amendment 828 #
Proposal for a regulation
Annex III – point 10
Annex III – point 10
10. Within four2 months of receipt of the opinion issued by the Agency pursuant to point 9, the Commission shall adopt a decision covering all elements of a joint decision listed in point 4 taking into account that opinion. If the Commission requests additional information, the four at notification, and where there are discrepancies between the decision of the authority concerned and the opinions of other authorities concerned, the Commission may require that the authority concerned amend its decision. That period may be extended by 1 month where additional information is sought by the Commission. Any proposal by the Commission requiring amendment to the decision of the authority concerned shall be made on the basis of the elements and criteria set out in paragraph 2 and point (a) of paragraph 4, taking into account the reasons for the decision of the authority concerned. The authority concerned shall comply with the request by amending its decision within a period of 4 weeks. In the event that the Commission does not act within that 2-months period starts running on the day of the receipt of the complete requested information. That period may be extended by additional, it shall be deemed not to have raised objections to the decision of the authority concerned. Where additional reverse flow capacity is needed according to the results of the risk assessment carried out in accordance with Article 9, the procedure set out in paragraphs 1 two mon5 of this with agreement of all competentArticle shall be repeated upon the request of a transmission system operator, an authoritiesy concerned or the Commission.
Amendment 829 #
Proposal for a regulation
Annex III – point 12
Annex III – point 12
12. Exemption from the obligation to enable bi-directional capacity granted under Regulation (EU) No 994/2010 shall remain valid until 1 December 2018 unless their duration expires beforeWhere additional reverse flow capacity is needed according to the results of the risk assessment carried out in accordance with Article 6, the procedure set out in this Annex shall be repeated upon the request of a transmission system operator, an authority concerned or the Commission.
Amendment 884 #
Proposal for a regulation
Annex VI – point 1
Annex VI – point 1
1. Each notified preventive action plan and the emergency plan shall be subject to a peer review by a peer review team, either by selection of the European Commission or at the request of a concerned Member State along the gas supply corridor.
Amendment 885 #
Proposal for a regulation
Annex VI – point 2
Annex VI – point 2
2. One peer review team per region shall be established. Each peer review team shall be composed of maximum five competent authorities and ENTSO for Gas, each represented by onetwo persons, and, as an observer, the Commission. The Commission shall select the representatives of competent authorities and ENTSO for Gas in the peer review teams, taking into account geographical balance and including at least onthe competent authorityies from athe neighbouring Member States. The competent authorities may nominate a representative of their NRA. Members of the peer review team shall not belong to any competent authority or other bodies or associations having participated in the preparation of the plans subject to the peer review.
Amendment 887 #
Proposal for a regulation
Annex VI – point 3
Annex VI – point 3
3. The Commission shall inform the peer review team of the notification of the plans. Within twofour months of the date of the information the respective peer review team shall prepare and submit a report to the Commission. Before the submission of the report the peer review team shall discuss the preventive action plan and the emergency plan, at least once, in depth with the competent authorities that prepared the plans. The Commission shall publish the report.