45 Amendments of Angelika MLINAR related to 2016/0379(COD)
Amendment 132 #
Proposal for a regulation
Recital 5
Recital 5
(5) In the past, electricity customers were purely passive, often buying electricity at regulated prices which had no direct relation to the market. In the future, customers need to be enabled to fully participate in the market on equal footing with other market participants and be empowered to manage their energy consumption. To integrate growing shares of renewable energy, the future electricity system should make use of all available sources of flexibility, particularly demand response and storage and of digitalisation through the integration of innovative technologies with the electricity system. To achieve effective decarbonisation at lowest cost, it also needs to encourage energy efficiency.
Amendment 145 #
Proposal for a regulation
Recital 11
Recital 11
(11) Derogations to fundamental market principles such as balancing responsibility, market-based dispatch, or curtailment and redispatch reduce flexibility signals and act as barriers to the development of solutions such as storage, demand response or aggregation. WhileBroad derogations are still neccovering entire technologiess ary to avoid unnecessary admie not consistent with the objective of achieving market-based and efficient decarbonistrative burden for certain actors, in particular households and SMEs, broad derogations covon and should therefore only be maintained for installations that were benefiting from these derogations before the entering eintire technologies are not consistent with the objective of achieving market-based and efficient decarbonisation and should thus be replaced by more targeted measureso force of this Regulation in order to avoid the negative impact of retroactivity measures. Member states should at the same time ensure full access to all market participants to competitive balancing markets and high transparency of curtailment and redispatch measures in order for the energy market to function.
Amendment 188 #
Proposal for a regulation
Recital 36
Recital 36
(36) Regional operational centres should primarily act in the interest of system and market operation of the region over the interests of any single entity. Hence, regional operational centres should be entrusted with decision-making powers to act and to direct actions to be taken by transmission system operators of the system operation region for certain functions and with an enhanced advisory role for the remaining functions. Regional operational centres should ensure that decision-making processes are based on equitable treatment, geographical balance and inclusiveness, in order to ensure the representation of all transmission systems of the region.
Amendment 193 #
Proposal for a regulation
Recital 38
Recital 38
(38) In order to raise efficiencies in the electricity distribution networks in the Union and ensure close cooperation with transmission system operators and ENTSO for electricity, a European entity of distribution system operators in the Union ("EU DSO entity") should be established. The tasks of the EU DSO entity should be well-defined and its working method should ensure efficiency, transparency, independence and representativeness amongst the Union distribution system operators. The EU DSO Entity should closely cooperate with ENTSO for Electricity on the preparation and implementation of the network codes where applicable, on the need for standardisation to facilitate crossborder data exchange between transmission system operators and distribution system operators, and should work on providing guidance on the integration inter alia of distributed generation and storage in distribution networks or other areas which relate to the management of distribution networks.
Amendment 232 #
Proposal for a regulation
Article 2 – paragraph 2 – point u
Article 2 – paragraph 2 – point u
(u) 'capacity mechanism' means an temporary administrative measure to ensure the achievement of the desirednecessary level of security of supply by remunerating resources for their availability not including measures relating to ancillary services;
Amendment 245 #
Proposal for a regulation
Article 2 – paragraph 2 – point v
Article 2 – paragraph 2 – point v
(v) 'strategic reserve' means a capacity mechanism in which resources are excluded from the market and only dispatched in case day-ahead and intraday markets have failed to clear, transmission system operators have exhausted their balancing resources to establish an equilibrium between demand and supply, and imbalances in the market during periods where the reserves were dispatched are settled at the value of lost load;
Amendment 264 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) customers shall be enabled to benefit from market opportunities and increased competition on retail markets and be empowered to act as participant in the energy market and the energy transition;
Amendment 330 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
Amendment 332 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
Amendment 351 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 355 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. For the purpose of paragraph 1, Member states shall ensure that all market participants have access to competitive balancing markets and services for the delegation of their balancing responsibility and other flexibility services that are cost-reflective, and provide fair value for balancing.
Amendment 366 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. All market participants shall have full access to the balancing market, be it individually or through aggregation. Balancing market rules and products shall respect the need to accommodate increasing shares of variable generation as well as increased demand responsiveness and the advent of new technologies.
Amendment 398 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. The procurement of balancing capacity shall be facilitated cross-border and on a regional level in accordance with point 8 of Annex I. The procurement shall be based on a primary market and organised in such a way as to be non- discriminatory between market participants in the prequalification process individually or through aggregation.
Amendment 412 #
Proposal for a regulation
Article 5 – paragraph 10 a (new)
Article 5 – paragraph 10 a (new)
10a. Member States shall report on the functioning and transparency of, and access, in particular by small providers, to, the balancing markets, in particular for the purpose of Article 4, through the reporting procedure on the internal energy market laid down in Article 21 of Regulation .../... [Governance of the Energy Union].
Amendment 441 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. By 1 January 2025, the imbalance settlement period shall be 15 minutes or less in all control areas.
Amendment 467 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. There shall be no maximum limit of the wholesale electricity balancing market price unless it is set at the value of lost load as determined in accordance with Article 10. There shall be no minimum limit of the wholesale electricity balancing market price unless it is set at a value of minus 2000 € or less and, in the event that it is or anticipated to be reached, set at a lower value for the following day. This provision shall apply, inter alia, to bidding and clearing in all timeframes and include balancing energy and imbalance prices.
Amendment 490 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Dispatching of power generation facilities and demand response shall be transparent, non-discriminatory and market based unless otherwise provided under paragraphs 2 to 4.
Amendment 492 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 530 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Amendment 537 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 551 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. GBy way of derogation from paragraph 1, generating installations using renewable energy sources or high- efficiency cogeneration which have been commissioned prior to [OP: entry into force] and have, when commissioned, been subject to priority dispatch under Article 15(5) of Directive 2012/27/EU of the European Parliament and of the Council or Article 16(2) of Directive 2009/28/EC of the European Parliament and of the Council35 shall remain subject to priority dispatch. Priority dispatch shall no longer be applicable from the date where the generating installation is subject to significant modifications, which shall be the case at least where a new connection agreement is required or the generation capacity is increased. _________________ 35 Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, p. 16).
Amendment 575 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The responsible system operators shall report at least once per year to the competent regulatory authority, which shall be transmitted to the Agency, on curtailment or downward redispatching of generating installations using renewable energy sources or high-efficiency cogeneration and on measures taken to reduce the need for such curtailment or downward redispatching in the future, including investments in digitalisation of the grid infrastructure and in services that increase flexibility. Curtailment or redispatching of generating installations using renewable energy sources or high- efficiency cogeneration shall be subject to compensation pursuant to paragraph 6.
Amendment 671 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The transmission system operators participating in the bidding zone review shall submit a proposal to the Commission regardingrelevant Member States whether to amend or maintain the bidding zone configuration. Based on that proposal, the Commission shall adopt arelevant Member States shall come to a unanimous decision on whether to amend or maintain the bidding zone configuration, [no later than 6 months after entry into force of this Regulation, specific date to be inserted by OP] or by six months after the conclusion of the bidding zone configuration launched in accordance with points (a), (b) or (c) of Article 32(1) of Regulation (EU) 2015/1222, whichever comes later. The relevant Member States shall notify the Commission and the Agency of their decision and any cross-border agreements entered into by the Member States, the national regulatory authorities or the transmission system operators for the purpose of achieving consensus. Agreements entered into by the relevant Member States shall not deviate from coordinated capacity calculation processes as set out in Article 14 nor from the relevant provisions of Regulation (EU) 2015/1222.
Amendment 681 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The decision referred to in paragraph 4 shall be based on the result of the bidding zone review and the transmission system operators’ proposal concerning its maintenance or amendment. The decision shall be justified, in particular as regards possible deviations from the result of the bidding zone reviewWhere the relevant Member States fail to come to a unanimous decision within the permitted timeframe, or where the Member States become aware of the fact that commitments on which a previous unanimous decision was based were not complied with, they shall immediately notify the Commission, which shall amend or maintain the bidding zone configuration within six months of that notification. The deadline for the Commission decision shall be final and not be further extended.
Amendment 685 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 738 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Tariffs shall grant appropriate incentives to transmission and distribution system operators, over both the short and long term, to increase efficiencies, including energy efficiency, foster market integration and security of supply, and support efficient investments, in particular in digitalisation, flexibility services and interconnections, and the related research activities .
Amendment 771 #
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, digitalisation and flexibility, in their networks.
Amendment 934 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. When applying capacity mechanisms Member States shall have a reliability standard in place indicating their desired level of security of supply in a transparent manner. In case of cross- border bidding zones, such reliability standards shall be established jointly by the relevant authorities.
Amendment 1131 #
Proposal for a regulation
Article 27 – paragraph 1 – point new (h a (new)
Article 27 – paragraph 1 – point new (h a (new)
new (h a) standardisation, in cooperation with the EU DSO entity, of relevant data formats and protocols to facilitate crossborder exchange of data ;
Amendment 1201 #
Proposal for a regulation
Article 34 – paragraph 1 – point h
Article 34 – paragraph 1 – point h
(h) facilitate the crossborder and regional procurement of balancing capacity;
Amendment 1235 #
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) a procedure for consulting, in an efficient and inclusive manner, the transmission system operators of the system operation region in the exercise of its operational duties and tasks, in accordance with Article 37;
Amendment 1238 #
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
(c) a procedure for the adoption of decisions and recommendations in accordance with Article 38 that ensures equitable treatment between members of the regional operational centre ;
Amendment 1248 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Regional operational centres shall develop working arrangements that are efficient, inclusive, and facilitate consensus, to address planning and operational aspects related to the functions to be performed, taking into account, in particular, the specificities and requirements of those functions as specified in Annex I.
Amendment 1260 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Regional operational centres shall develop a procedure for the adoption of decisions and recommendations, that ensures geographically balanced representation and equitable treatment between members of the Regional operational centre.
Amendment 1307 #
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2 a. The Management board shall ensure that the functioning of the Regional operational centre is inclusive, ensures geographically- balanced representation and equitable treatment in the procedures and decision-making processes between members of Regional operational centre.
Amendment 1311 #
Proposal for a regulation
Article 40 – paragraph 3 – point d
Article 40 – paragraph 3 – point d
(d) developing and endorsing the cooperative and inclusive decision-making processes in accordance with Article 35.
Amendment 1325 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
Regional operational centres shall be equipped with all the human, technical, physical and financial resources necessary for fulfilling their obligations under this Regulation and carrying out their functions, ensuring in particular geographically balanced representation and equitable treatment between members of Regional operational centre.
Amendment 1355 #
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. Transmission system operators shall publish relevant data on aggregated forecast and actual demand, on availability and actual use of generation and load assets, on availability and use of the networks and interconnections, and on balancing power and reserve capacity and on the availability of flexibility. For availability and actual use of small generation and load units, aggregated estimate data may be used.
Amendment 1387 #
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. Within two months of receipt, the Agency, after formally consulting the organisations representing all stakeholders, in particular distribution system users, shall provide an opinion to the Commission on the draft statutes, the list of members and the draft rules of procedure, taking into account in particular the rules related to the independence of the EU DSO entity from its members, to the prevention of conflicts of interests, and to the necessity to ensure geographically- balanced representation and equitable treatment between its Members, in particular for small or independent Distribution system operators.
Amendment 1422 #
Proposal for a regulation
Article 51 – paragraph 1 – point d
Article 51 – paragraph 1 – point d
(d) digitalisation of distribution networks including deployment of smart grids and intelligensmart metering systems ;
Amendment 1423 #
Proposal for a regulation
Article 51 – paragraph 1 – point e
Article 51 – paragraph 1 – point e
(e) data managementguarantee non-discriminatory and neutral access to data regardless of the data management model, and promote standardization, cross-border data exchange, in particular with ENTSO for Electricity where relevant to facilitate data exchange, cyber security and data protection;
Amendment 1432 #
Proposal for a regulation
Article 51 – paragraph 2 – point a
Article 51 – paragraph 2 – point a
(a) cooperate effectively with ENTSO for electricity on the monitoring, the Agency and national regulators to facilitate the monitoring by the Agency and where relevant the national regulatory authorities of implementation of the network codes and guidelines which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission and distribution networks and which are adopted pursuant to this Regulation;
Amendment 1481 #
Proposal for a regulation
Article 55 – paragraph 1 – point n
Article 55 – paragraph 1 – point n
(n) demand response, including aggregation, energy storage, and demand curtailment rules;
Amendment 1482 #
Proposal for a regulation
Article 55 – paragraph 1 – point n a (new)
Article 55 – paragraph 1 – point n a (new)
(n a) energy storage ;
Amendment 1490 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The Commission shall, after consulting the Agency, the ENTSO for Electricity and the other relevant stakeholders, establish a 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. The EU DSO entity shall ensure that the drafting committee convened has a geographically-balanced representation, including small or independent distribution system operators and is subject to rules related to independence and the prevention of conflict of interests.