3 Amendments of Pilar DEL CASTILLO VERA related to 2016/0030(COD)
Amendment 315 #
Proposal for a regulation
Recital 39
Recital 39
(39) Completing the internal energy market will create a level playing field, ensuring that all energy supply contracts throughout the Union are based on market prices and competition rules. In March 2015, the European Council concluded that gas supply contractagreements related to the buying of gas 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 ensurewill contribute to 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 information of 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 meanautomatically imply that other gas supply contracts are not relevant to security of supply. Accordingly, Member States should have the right to request similar information of 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 theinformation regarding 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 EUnion level. The Commission may call on theshould be able to request Member States to amend the plans so as to take account of the information obtained from the contracts. The confidentiality of commercially sensitive information should be ensured. Improvncreased 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 with regard to state aid,.
Amendment 740 #
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 the same supplier from a third country or from its affiliates, 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 pricegas price or other clauses not relevant for a comprehensive risk assessment of the security of supply. The notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract. To that end, the national regulatory authorities shall monitor the market supply structure and inform the relevant natural gas undertakings once the 40% threshold is exceeded
Amendment 757 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. In duly justified circumstances, where the competent authority or the Commission considers that a gas supply contract not covered by paragraph 6(b) of this Article might affect the security of gas supply of a Member State, region or of the Union as whole, the competent authority of the Member State where the natural gas undertaking who has concluded the contract operates or the Commission may request the natural gas undertaking to provide the contractnecessary contractual information for the assessment of its impact on security of supply. The request may cover also any other commercial agreements relevant for the execution of the gas supply contract.