36 Amendments of Lambert van NISTELROOIJ related to 2009/0108(COD)
Amendment 70 #
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation should enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with disruptions. It should also provide for emergency mechanisms to be used when markets alone are no longer able to deal adequately with a gas supply disruption. Even in an Emergency, market based instruments should be given priority to mitigate the effects of the supply disruption.
Amendment 78 #
Proposal for a regulation
Recital 15
Recital 15
(15) The precise definition of the roles and responsibilities of all natural gas undertakings and Competent Authorities is therefore crucial in maintto avoid conflicting competences and to maintaing the well- functioning of the internal market, particularly in supply disruptions and crisis situations.
Amendment 82 #
Proposal for a regulation
Recital 18
Recital 18
(18) It is important that gas supply is maintained, particularly as regards household customers, as well as other protected customers such as schools and hospitalsto protected customers is maintained, in cases in which the market alone cannot continue to supply them. It is essential that the measures to be taken during a crisis are defined in advance of any crisis.
Amendment 89 #
Proposal for a regulation
Recital 23
Recital 23
(23) To strengthen the solidarity between Member States in the case of a CommunityUnion Emergency and in particular to support Member States which are exposed to less favourable geographical or geological conditions, Member States should devise specific measures to exercise solidarity, including measures such as commercial agreements between natural gas undertakings, compensation mechanisms, inc. Natural gas undertakings should devise measures such as commercial agreements, which may comprise increased gas exports or increased releases from storages. It is important to encourage the conclusion of prior arrangements between natural gas undertakings. Natural gas undertakings should always be compensated in a fair and equitable manner for any measures they are asked gas exportto take in preparation for an emergency situation. Obligations for increased releases from storagesolidarity measures should be limited to household customers. Solidarity measures may be particularly appropriate between Member States for which the Commission recommends the establishment of joint preventive actions plans or emergency plans at regional level.
Amendment 103 #
Proposal for a regulation
Recital 30
Recital 30
(30) Since gas supplies from third countries are central to the security of gas supply of the Community, the CommissionUnion, in the event of a Union Emergency the Commission, after consultation of the Gas Coordination Group, should coordinate the actions with regard to third countries, working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the CommunityUnion. The Commission, after consultation of the Gas Coordination Group, should be entitled to deploy a task force to monitor gas flows in crisis situations within and, in consultation with the third countries involved, outside the CommunityUnion and, where a crisis arises due to difficulties in a third country, to assume a mediation and facilitation role.
Amendment 117 #
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
(1) "protected customers" means all household customers already connected to a gas distribution network, and, if the Member State concerned so decides, can also include small and medium-sized enterprises, schools and hospitals provided that they are already connected to a gas distribution network;
Amendment 132 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Security of gas supply is first of all a task of the natural gas undertakings,. Competent Authorities of the Member States, and the industrial gas customers, and the CommissionCommission shall support the natural gas undertakings within their respective areas of responsibility. ItThis requires a high degree of cooperation between them.
Amendment 140 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Under the terms of this Regulation and having regard to Article 176a of the Treaty, the Commission and the Member States shall step up their monitoring of the security of gas supplies from third countries and shall propose specific emergency measures in the event of any disruption of supply. The Commission shall coordinate dispute settlement systems with third countries and intensify the energy dialogue, inter alia in the context of the Energy Charter and the Energy Community.
Amendment 175 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Before adopting those Plans the Competent Authorities shall exchange information and consult each other and, the Commission and the Gas Coordination Group to ensure that their Plans and measures are mutually consistent at the appropriate regional level. These consultations shall cover, as a minimum, interconnections, cross-border supplies, storage across borders and the physical capacity to transport gas in both directions.
Amendment 183 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. During the process mentioned in paragraph 2 the Commission after consultation with the Gas Coordination Group may recommend at which regional level the exchange of information and consultations shall take place. The Commission, after consultation of the European Network of Transmission System Operators for Gas ("ENTSO-G") and the Agency for the Cooperation of Energy Regulators ("ACER"),Gas Coordination Group may also recommend the establishment of a joint Plan at regional level.
Amendment 188 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The joint Plan at regional level established according to paragraph 3 or 4 may be developed by the Competent Authorities concerned after consultation of the regional interests within the Gas Coordination Group.
Amendment 194 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Competent Authority shall publish its Plans, including amended versions according to paragraph 6, and notify them to the Commission and the Gas Coordination Group without delay.
Amendment 199 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Within six months after the notification of the Plans by the Competent Authorities, the Commission shall assess the Plans of all Member States. The Commission shall consult ENTSO-G, ACER, the Gas Coordination Group and other concerned stakeholders on those plans. Where the Commission considers that a Plan is not effective to mitigate the risks as identified in the risk and impact assessment or inconsistent with the risk scenarios or the Plans of other Member States, or that it does not comply with the provisions of this Regulation or other provisions of CommunityUnion law, it shall require the revision of the Plan. Within 2 months from notification of the Commission's request, the Competent Authority concerned shall amend its Plan and notify the amended Plan to the Commission and the Gas Coordination Group or shall set out to the Commission why it does not agree with the request. In that case, the Commission may amend or withdraw its request. If within 2 months, after consultation of the Gas Coordination Group, the Commission decides not to amend or withdraw its request, the Competent Authority shall comply with the Commission's request within 3 months after notification of the Commission's decision.
Amendment 237 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Following the recommendation of the Commission referred to in Article 4(3) or in the situation referred to in Article 4(4), the obligation set out in paragraph 1 may be fulfilled at the regional level. The N-1 standard shall also be considered to be fulfilled where the Competent Authority demonstrates in the Preventive Action Plan referred to in Article 5risk assessment referred to in Article 8, in the Preventive Action Plan referred to in Article 5 and taking into account the cost efficiency of investments that a supply disruption may be sufficiently and timely compensated for by specific measures including demand side measures.
Amendment 240 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The methodology for calculating the N-1 standardindicator as provided in Annex I shall be used. It should take into consideration the network configuration and actual gas flows as well as the presence of productiontransmission infrastructure capacity to deliver gas from production, LNG terminals, and storage capacities. The calculated area as referred to in Annex I shall be defined by the Competent Authority after consultation with the relevant natural gas undertakings and shall be extended to the appropriate regional level, where necessary.
Amendment 251 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Each Competent Authority shall report to the Commission without delay any non- compliance with the N-1 standard, after consultation of the relevant natural gas undertakings, report to the Commission the results of its calculation of the N-1 indicator in accordance with Article 13.
Amendment 257 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The transmission system operators shall enable permanent physical capacity to transport gas in both directions on all interconnectionsIf necessary according to the risk and impact assessment carried out according to Article 8, taking into account technical feasibility and an economic assessment of the costs and benefits to the market, the transmission system operators shall, within twohree years from the entry into force of this Regulation, except in cases where at the request of a Competent Authority, the Commission decides thatnable necessary physical capacity to transport gas in both directions on those interconnections where the addition of a bi-directional flow capacity would not enhance the security of supply of any Member State. Such decision may be reviewed if circumstances change. The level of the bi- directional flow capacity shall be reached in a cost efficient way and at least, in particular during an Emergency. Within that three year period, the gas transmission system operator shall, in accordance with the risk and impact assessment carried out according to Article 8, takeing into account the capacity required to meet the supply standard set in Article 7. Within thatechnical feasibility and an economic assessment of the costs and benefits two year period, the gas transmission system operator shallthe market, adapt the functioning of the transmission system as a whole so as to enable bi-directional gas flows.
Amendment 279 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. National Regulatory Authorities shall take into account the costs of fulfilling the N-1 standard and the costs of enabling the permanent physical capacity to transport gas in both directions in their approval of tariffs in line with Article 41(8) of Directive […/…EC]. In the case of costs incurred inefficiently incurred costs related to measures imposed as a result of this Regulation. In the case of investments that affect more than one Member State, the national regulatory authorities of all Member States concerned shall jointly decide on cost allocation of efficiently incurred costs in one or more Member States. Article 8(1) of Regulation (EC) No …/…715/2009 shall apply.
Amendment 284 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Competent Authority shall take the measures to ensure the gas supplyIn carrying out the risk and impact assessment defined in Article 8, the Competent Authority shall use a common methodology, which shall include the following indicators for the supply of gas to the protected customers of the Member State in the: a) supplies in case of: a) extremely cold average temperatures during a seven days peak period statistically occurring once every twenty years; and b) supplies in case of any period of sixthirty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years.
Amendment 351 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The three main crisis levels shall be as follows: (1) Early warning level (Early Warning): when there is concrete, serious and reliable information, possibly triggered by an Early Warning Mechanism, that an event may occur which will deteriorate the supply conditions suggesting that supply conditions could deteriorate in the near term. The market is expected to solve the problem without the intervention of the Competent Authority; (2) Alert level (Alert): when a supply disruption or exceptionally high demand occurs but t, the scale of which does not yet warrant the declaration of an Emergency under point (3). The market is still ableexpected to resolve the situationproblem without the intervention of the Competent Authority; (3) Emergency level (Emergency): whena supply disruption or an exceptionally high demand occurs or when there is a disruption of the supply through or from the largest infrastructure or source and there is a credible risk that the supply standard to the protected customerand there is evidence that market- based mechanisms alone can no longer ensure supplies to protected customers. The Competent Authority is required to intervene within the framework of the Emergency Plan. Market-based mechanisms cand no longer be met with market based instruments alonn-market-based mechanisms may operate alongside each other in this phase.
Amendment 356 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Member States and the Competent Authorities in the Emergency Plan shall ensure that cross-border access to thecontracted capacities in storage facilities is maintained for the contracting parties also in case of eEmergency. The Emergency PlanMember States and the Competent Authorities shall not introduce any measure unduly restricting the flow of contracted volumes of gas across the borders.
Amendment 364 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Competent Authority shall immediately inform the Commission and the Gas Coordination Group and provide ithem with all the necessary information when it declares any of the crisis levels. In the event of an emergency which may result in a call for assistance from the EU and its Member States the Competent Authority of the Member State concerned shall without delay notify the Commission’s Civil Protection Monitoring and Information Centre.
Amendment 380 #
Proposal for a regulation
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6a. Measures imposed in case of Emergency, including at the regional or Union level, shall ensure fair and equitable compensation in favour of the natural gas undertakings affected by the measures.
Amendment 389 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission, after consulting the Gas Coordination Group, may declare a CommunityUnion Emergency at the request of oneat least two Competent Authorityies in the affected region or when the CommunityUnion loses more than 120% of its daily gas import from third countries as calculated by ENTSO-G. Iompared to planned import volumes as estimated by ENTSO-G. After consulting the Gas Coordination Group, it shall declare a CommunityUnion Emergency where more than onetwo Competent Authorityies hasve declared Emergency following the verification in accordance with Article 9(6). It may declare a CommunityUnion Emergency for specifically affected geographical regions comprising more than one Member State.
Amendment 408 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. In a CommunityUnion Emergency, the Commission shall coordinate the actions of the Competent Authorities after consultation with the Gas Coordination Group. In particular the Commission shall ensure the exchange of information, ensure the consistency and effectiveness of the actions at Member State and regional level in relation to the CommunityUnion level, and shall coordinate the actions with regard to third countries. The Commission may convene a crisis management group composed in particular of representatives of the industry and the Member States concerned by the Emergency.
Amendment 416 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
4. When the Commission considers that in a CommunityUnion Emergency, an action taken by a Competent Authority or natural gas undertakings is inappropriate to deal with the Emergency, or that it seriously endangers the situation in another Member State, the Commission, after duly taking into account the opinion of the Gas Coordination Group, shall require the Competent Authority or natural gas undertaking to change its action.
Amendment 430 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. The Commission, after duly taking into account the opinion of the Gas Coordination Group, shall establish a permanent reserve list for a monitoring task force consisting of industry experts and representatives of the Commission. This monitoring task force may be deployed when necessary and shall monitor and report on the gas flows within and outside the CommunityUnion, in cooperation with the supplyproducing and transiting countries.
Amendment 440 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. TIn accordance with the provisions of this Regulation, the Gas Coordination Group shall assistclosely cooperate with the Commission in particular on issues related to:
Amendment 445 #
Proposal for a regulation
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
(d) the level of security of supply, benchmarks and risk and impact assessment methodologies;
Amendment 451 #
Proposal for a regulation
Article 11 – paragraph 2 – point g
Article 11 – paragraph 2 – point g
(g) review and implementation of the Plans;
Amendment 454 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. Regional sub-groups of the Gas Coordination Group may be established involving members from the region concerned. The work of the regional sub- groups shall be monitored by the Gas Coordination Group.
Amendment 469 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. After an Emergency, the Competent Authority shall without delay provide to the Commission a detailed assessment of the Emergency and the effectiveness of the implemented measures, including the assessment of economic impact of the Emergency, the impact of the fuel switching on the levels of the emissions, the impact on the electricity sector and the assistance provided to and/or received from the CommunityUnion and its Member States. The Commission shall analyse the assessments of the Member States and present its results, in aggregated form, to the Gas Coordination Group.
Amendment 474 #
Proposal for a regulation
Article 12 – paragraph 6 – point a
Article 12 – paragraph 6 – point a
a) Member States shall submit to the Commission the existing inter- governmental agreements concluded with third countries which have an impact on the development of gas infrastructures and supplies; before concluding new inter- governmental agreements, the Member States shall inform the Commission to assess their compliance with the internal market legislation;
Amendment 480 #
Proposal for a regulation
Article 12 – paragraph 6 – point b
Article 12 – paragraph 6 – point b
b) Natural gas undertakingCompetent authorities shall notify the Commission of the following details of the contracts of the natural gas undertakings within their territory concluded with suppliproducers from third countries in aggregated form: - Contract duration and extension provisions; - Contracted volumes in totalavailable, on an annual and monthly basis and the average volume per month; - Flexibility of contracted volumes, including provisions related to take-or- pay obligations. - Contracted delivery points.
Amendment 485 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In addition to the monitoring and reporting obligations provided for in Article 5 of the Gas Directive the Competent Authority shall publish and forward to the Commission a report by 31 July each year containing the following data: (a) calculation of N-1 indicator and data necessary for such calculation, progress made in investments needed to cope with N-1, country specific difficulties encountered in the implementation new alternative solutions; (b); (b) on an aggregated basis, annual amounts, durations and supply country covered by gas supply import contracts; (c) maximal interconnection capacity of each entry and exit points to and from the gas systems; (d) the main elements of the relevant intergovernmental agreements concluded with third countries.
Amendment 488 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Competent Authorities and the Commission shall ensure the confidentiality of commercially sensitive information submitted to them in application of this Regulation.