33 Amendments of Konrad SZYMAŃSKI related to 2011/0300(COD)
Amendment 129 #
Proposal for a regulation
Recital 7
Recital 7
(7) Despite its legal existence as defined in Directives 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas, the internal market in energy remains fragmented due to insufficient interconnections between national energy networks. Union-wide integrated networks, with effectively separated supply and production activities from network operations however are vital for ensuring a competitive and well functioning integrated market for promoting growth, employment and sustainable development.
Amendment 192 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘energy infrastructure’ means any physical equipment designed to allow transmission and distribution of electricity or gas, or reception, storage and regasification or decompression facilities for liquefied natural gas (LNG), transportation of oil or carbon dioxide, or storage of electricity or gas, which is located within the Union or linking the Union and one or more third countries;
Amendment 204 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5a (new)
Article 2 – paragraph 1 – point 5a (new)
5a. ‘Regional Group’ means a group set up according to the priority corridors as defined in Annex I, which includes representatives of the Member States, national regulatory authorities, transmission system operators, potentially eligible project promoters as well as the Commission, the Agency and both the ENTSOs, and having the tasks of collaborating in the process of selecting projects of common interest, and in monitoring their implementation; on a case-by-case basis, the group may invite representatives of other organizations representing producers, consumers or system operators.
Amendment 220 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. For the purpose of identifying projects of common interest, the Commission shall establish a Regional Group (‘Group’) as defined in section 1 of Annex III based on each priority corridor and area and their respective geographical coverage as set out in Annex I. The Commission shall chair the Group.
Amendment 354 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. When rankingestablishing the list of projects contributing to the implementation of the same priority, due consideration shall also be given to the urgency of each proposed project in order to meet the energy policy targets of market integration and competition, sustainability and security of supply, the number of Member States affected by each project, and its complementarity with regard to other proposed projects. For projects falling under the category set out in point 1(e) of Annex II, due consideration shall also be given to the number of users affected by the project, the annual energy consumption and the share of generation from non dispatchable resources in the area covered by these users.
Amendment 379 #
Proposal for a regulation
Article 5 – paragraph 6 – introductory part
Article 5 – paragraph 6 – introductory part
6. If the commissioningimplementation of a project of common interest is delayed by more than twohree years compared to the implementation plan other than for overriding reasons beyond the control of the project promoter and without sufficient justification:
Amendment 391 #
Proposal for a regulation
Article 5 – paragraph 6 – point a
Article 5 – paragraph 6 – point a
(a) TIf the measures of national regulatory authorities according to the previous sentence are not sufficient to ensure that the investment is carried out, or are not applicable, the project promoter of that project shall accept finvestmentsancing or construction by one or several other operators or investorird parties to implement the project. The system operator, in whose area the investment is located, shall provide the implementing operator(s) or investor(s) with all information needed to realise the investment, shall connect new assets to the transmission network and shall generally make its best efforts to facilitate the implementation of the investment and the secure, reliable and efficient operation and maintenance of the project of common interest.
Amendment 393 #
Proposal for a regulation
Article 5 – paragraph 6 – point b
Article 5 – paragraph 6 – point b
Amendment 401 #
Proposal for a regulation
Article 5 – paragraph 6 – point b a (new)
Article 5 – paragraph 6 – point b a (new)
(ba) the project promoter of that project shall present to the Group a revised plan aiming to implement the project in due time.
Amendment 404 #
Proposal for a regulation
Article 5 – paragraph 6 – point b b (new)
Article 5 – paragraph 6 – point b b (new)
(bb) insofar as measures referred to in Article 22(7) (a), (b) or (c) of Directives 2009/72/EC and 2009/73/EC are applicable according to respective national laws, national regulatory authorities shall ensure that the investment is carried out.
Amendment 406 #
Proposal for a regulation
Article 5 – paragraph 6 – point b c (new)
Article 5 – paragraph 6 – point b c (new)
(bc) for the application of the provisions in this article, the involvement of other operators can only be done on contractual basis.
Amendment 420 #
Proposal for a regulation
Article 5 – paragraph 7 – subparagraph 2
Article 5 – paragraph 7 – subparagraph 2
Projects, which are withdrawn from the Union-wide list, lose all rights and obligations arising from this Regulation for projects of common interest. This article shall be without prejudice to any Union financing paid to the project prior to the withdrawal decision and to benefiting from streamlined permitting process already applied according to the provisions of Chapter III.
Amendment 440 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. For the purpose of ensuring efficient administrative processing of the files related to projects of common interest, project promoters and all authorities concerned shall ensure that the most preferential treatment possible is given to these files as regards the resources allocated.
Amendment 469 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. At least one public consultation shall be carried out by the project promoter, or, where this is laid down by national legislation, by the competent authority, before submission of the application file for the building permit to the competent authority pursuant to paragraph 1(a) of . The public consultation shall inform stakeholders referred to in point 2(a) of Annex VI about the project at an early stage and identify the most suitable location or trajectory and the relevant issues to be addressed in the application file. The minimum modalities of this public consultation are specified in point 4 of Annex VI. A report summarising the results of activities related to the participation of the public prior to the submission of the application file shall be prepared by the project promoter and submitted together with the application file to the competent authority, which shall take due account of these results when taking the comprehensive decision.
Amendment 470 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. For projects likely to have significant adverse cross-border impacts in one or more neighbouring Member States, where Article 7 of Directive 85/337/EEC and the Espoo Convention are applicable, the relevant information shall be made availablinformation required by Article 7 of Directive 85/337/EEC and the Espoo Convention shall be made available by the competent authority of the Member State to the competent authority of the neighbouring Member State(s). The competent authority of the neighbouring Member State(s) shall indicate whether it wishes to participate in the relevant public consultation procedures.
Amendment 492 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1 a (new)
Article 11 – paragraph 3 – subparagraph 1 a (new)
Amendment 507 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Within one month of the entry into force of this Regulation, the ENTSO for Electricity and the ENTSO for Gas shall submit to the Agency and the Commission their respective methodology, including on network and market modelling, for a harmonised energy system-wide cost- benefit analysis at Union-wide level for projects of common interest falling under the categories set out in points 1(a) to (d) and 2 of Annex II. The methodology shall be elaborated in line with the principles laid down in Annex V in particular the consultation of relevant stakeholders, including other infrastructure operators and the respective organizations representing them.
Amendment 527 #
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
8. By 31 December 2016, the ENTSO for Electricity and the ENTSO for Gas shall jointly submit to the Commission and the Agency common electricity and gas market and network model including both electricity and gas transmission, LNG terminals and storage, covering the priority corridors and areas designated in Annex I and elaborated in line with the principles laid down in Annex V. After approval of this model by the Commission according to the procedure set out in paragraphs 2 to 4, it shall be included in the methodology.
Amendment 535 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2 a (new)
Article 13 – paragraph 1 – subparagraph 2 a (new)
The provisions of this Article shall not apply to the investment costs which can be recovered through tariffs for access to the network, charged to network users in accordance with Article 13 of Regulation (EC) 715/2009.
Amendment 584 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Projects of common interest falling under the categories set out in point 2 of Annex II are eligible for Union financial support in the form of grants for studies and works and financial instruments in accordance with the provisions of [Regulation of the European Parliament and the Council establishing the Connecting Europe Facility], if they are carried out in the parts of gas infrastructure sectors where the provisions on unbundling of Directive 2009/73/EC concerning common rules for the internal market in natural gas are implemented, including in those Member States where derogations are applied in this regard. Projects of common interest falling under the categories set out in points 1, 2 and 4 of Annex II are eligible for Union financial support in the form of grants for studies and financial instruments in accordance with the provisions of [Regulation of the European Parliament and the Council establishing the Connecting Europe Facility].
Amendment 597 #
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. Projects of common interest falling under the categories set out in points 1(a) to (d), 2 and 23 of Annex II, except for hydro- pumped electricity storage projects, shall be also eligible for Union financial support in the form of grants for works in accordance with the provisions of [Regulation of the European Parliament and the Council establishing the Connecting Europe Facility], if they are carried out according to the procedure referred to in paragraph 6(b) of or if they fulfil the following criteria:
Amendment 652 #
Proposal for a regulation
Annex I – part 2 – point 5 – paragraph 1
Annex I – part 2 – point 5 – paragraph 1
(5) North-South gas interconnections in Western Europe (‘NSI West Gas’): interconnection capacitiesgas infrastructure for North-South gas flows in Western Europe to further diversify routes of supply and increase short-term gas deliverability.
Amendment 660 #
Proposal for a regulation
Annex I – part 2 – point 6 – paragraph 1
Annex I – part 2 – point 6 – paragraph 1
(6) North-South gas interconnections in Central Eastern and South Eastern Europe (‘NSI East Gas’): regional gas connectionsinfrastructure between the Baltic Sea region, the Adriatic and Aegean Seas and the Black Sea, notably to enhance diversification and security of gas supply;
Amendment 663 #
Proposal for a regulation
Annex I – part 2 – point 7 – paragraph 1
Annex I – part 2 – point 7 – paragraph 1
(7) Southern Gas Corridor (‘SGC’): transmissgas infrastructure to enhance diversification of gas supply from the Caspian Basin, Central Asia, the Middle East and the Eastern Mediterranean Basin to the Union to enhance diversification of gas supply.
Amendment 699 #
Proposal for a regulation
Annex II – point 4 – point b
Annex II – point 4 – point b
(b) facilities for liquefaction and buffer storage of carbon dioxide in view of its further transportation. This does not include infrastructure within a geological formation used for the permanent geological storage of carbon dioxide pursuant to Directive 2009/31/EC and associated surface and injection facilities.
Amendment 745 #
Proposal for a regulation
Annex III – part 2 – point 4
Annex III – part 2 – point 4
(4) For all Union-wide lists of projects of common interest adopted after 1 AugustNovember 2013, proposed gas transmission reception, regasification or decompression facilities for liquefied natural gas (LNG) and storage projects falling under the categories set out in point 2 of Annex II shall be part of the latest available ten-year network development plan for gas, developed by the ENTSO for Gas pursuant Article 8 of Regulation (EC) 715/2009.
Amendment 753 #
Proposal for a regulation
Annex III – part 2 – point 5
Annex III – part 2 – point 5
(5) Proposed carbon dioxide transport projects falling under the category set out in point 4 of Annex II shall be presented as part of a plan, developed by more than two Member States, for the development of cross- border carbon dioxide transport and storage infrastructure, to be presented by the Member States concerned or entities designated by those Member States to the Commission.
Amendment 761 #
Proposal for a regulation
Annex IV – point 1 – point d
Annex IV – point 1 – point d
(d) for gas storage or liquefied/compressed natural gas, the project aims at supplying directly or indirectly at least two Member States or at fulfilling the infrastructure standard (N-1 rule) at regional level in accordance with Article 6(3) of Regulation (EU) No 994/2010;
Amendment 803 #
Proposal for a regulation
Annex V – point 2
Annex V – point 2
(2) The data set shall reflect Union and national legislations in force at the date of analysis. The data sets used for electricity and gas respectively shall be compatible, notably with regard to assumptions on prices and volumes in each market. The data set shall be elaborated after formally consulting Member States and the organisations representing all relevant stakeholders, especially all gas infrastructure operators. The Commission and the Agency shall ensure access to the required commercial data from third parties when applicable.
Amendment 819 #
Proposal for a regulation
Annex V – point 9
Annex V – point 9
(9) The detailed method used to take into account the indicators referred to in points 6 to 8 shall be elaborated after formally consulting the organisations representing all relevant stakeholders especially all gas infrastructure operators.
Amendment 823 #
Proposal for a regulation
Annex V – point 12
Annex V – point 12
(12) Transmission, underground storage, liquefied natural gas (LNG) terminal and distribution system operators shall exchange the information necessary for the elaboration of the methodology, including the relevant network and market modelling. Any transmission or distribution system operator collecting information on behalf of other transmission or distribution system operators shall give back to the participating transmission and distribution system operators the results of the collection of data. For the common electricity and gas market and network model, set out in paragraph 8 of Article 12,, the input data set referred to in point 1 shall cover the years n+10, n+20 and n+30 and the model shall allow for a full assessment of economic, social and environmental impacts, notably including external costs such as those related to greenhouse gas and conventional air pollutant emissions or security of supply.
Amendment 836 #
Proposal for a regulation
Annex VI – point 2 – point a
Annex VI – point 2 – point a
(a) The stakeholders affected by a project of common interest, including relevant authorities, landowners and citizens living in the vicinity of the project, the general public and their associations, organisations or groups, shall be extensively informed and consulted at an earlyappropriate stage and in an open and transparent manner. Where relevant, the competent authority shall actively support the activities undertaken by the project promoter.
Amendment 844 #
Proposal for a regulation
Annex VI – point 5 – introductory part
Annex VI – point 5 – introductory part
(5) The project website shall make available as a minimum the following, but shall not disclose confidential information: