56 Amendments of Daciana Octavia SÂRBU related to 2016/0379(COD)
Amendment 94 #
Proposal for a regulation
Article 2 – paragraph 2 – point u
Article 2 – paragraph 2 – point u
(u) 'capacity mechanism' means an exceptional administrative measure to ensure the achievement of the desired level of security of supply byhat remuneratinges resources for their availability not including measures relating to ancillary services, adopted in accordance with the provisions of this regulation and in compliance with State aid rules and with the principles of necessity, proportionality and non-discrimination;
Amendment 100 #
(v) 'strategic reserve' means a capacity mechanism in which resources, otherwise excluded from the market, are 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 107 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) market participation of consumers and small businesses shall be enabled individually, collectively through participation in a local energy community, and by aggregation of generation from multiple generation facilities or load from multiple demand facilities to provide joint offers on the electricity market and be jointly operated in the electricity system, subject to compliance with EU treaty rules on competition;
Amendment 125 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) generating installations using renewable energy sources or high- efficiency cogeneration with an installed electricity capacity of less than 500 k1 MW;
Amendment 129 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. From 1 January 2026, point (b) of paragraph 2 shall apply only to generating installations using renewable energy sources or high-efficiency cogeneration with an installed electricity capacity of less than 2500 kW.
Amendment 130 #
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 132 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Balancing markets shall be organised in such a way as to ensure effective non-discrimination between market participants taking account of the different technical capability of generation from variable renewable sources, including in particular small decentralised and distributed generation, and demand side response and storage.
Amendment 138 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. The procurement of balancing capacity shall be facilitated 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, including in particular where participation takes place individually or through aggregation.
Amendment 143 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) be organised in such a way as to be non-discriminatory;
Amendment 159 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. When dispatching electricity generating installations, transmission system operators shall give priority to generating installations using renewable energy sources or high-efficiency cogeneration from small generating installations or generating installations using emerging technologies. By December 31, 2023 and every 2 years thereafter, the Commission shall assess progresses made by each Member State in the removal of potential and actual entry barriers for installations using renewable energy sources or high-efficiency cogeneration to balancing, day-ahead, intraday and forward markets. Such assessment will take into account the impact of existing or planned measures, such as subsidies, must-run arrangements or capacity mechanisms, on competition, as well as their exclusionary effects. When, on the basis of this assessment, and having consulted the interested parties, the Commission is satisfied that removal of priority dispatch would not negatively affect the deployment of new generating installations using renewable sources, it can adopt a decision authorising one or more Member States to suspend the application of priority dispatch obligations. Without prejudice to the Commission’s decision, transmission system operators shall continue to give priority to generating installations using renewable energy sources or high- efficiency cogeneration from small generating installations or generating installations using emerging technologies to the following extent:
Amendment 185 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The resources curtailed or redispatched shall be selected amongst generation or demand facilities submitting offers for curtailment or redispatching using market-based mechanisms and be financially compensated. Participation in market-based mechanisms shall be voluntary for all market participants, including in particular small decentralised and distributed generation. Non-market- based curtailment or redispatching of generation or redispatching of demand response shall only be used where no market-based alternative is available, where all available market-based resources have been used, or where the number of generation or demand facilities available in the area where suitable generation or demand facilities for the provision of the service are located is too low to ensure effective competition. The provision of market-based resources shall be open to all generation technologies, storage and demand response, including operators located in other Member States unless technically not feasible.
Amendment 202 #
Proposal for a regulation
Article 12 – paragraph 5 – point a a (new)
Article 12 – paragraph 5 – point a a (new)
(aa) electricity generated by local energy communities from generating installations using renewable energies or high-efficiency cogeneration, as long as it can be considered small decentralised or distributed generation that is primarily intended for supply to its members, shall not be subject to downward redispatching or curtailment unless no other alternative exists or if other solutions would result in disproportionate risks to network security;
Amendment 210 #
Proposal for a regulation
Article 12 – paragraph 5 – point c
Article 12 – paragraph 5 – point c
(c) self-generated electricity from generating installations using renewable energy sourcies or high-efficiency cogeneration, for the amount which is not fed into the transmission or distribution network shall not be curtailed unless, based on conditions pre-determined by the national energy regulator or otherwise mutually agreed to between the owner of the generating installation and the transmission or distribution system operator, no other solution would resolve network security issues;
Amendment 234 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Charges applied by network operators for access to networks , including charges for connection to the networks, charges for use of networks, and, where applicable, charges for related network reinforcements, shall be transparent, take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non-discriminatory manner. In particular, they shall be applied in a way which does not unduly discriminate between production connected at the distribution level and production connected at the transmission level, either positively or negatively. They shall not discriminate against energy storage and shall not create disincentives for participation in demand response or renewables self-consumption. Without prejudice to paragraph 3, those charges shall not be distance- related.
Amendment 239 #
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, including from renewable sources, and security of supply, and support investments and the related research activities.
Amendment 244 #
Proposal for a regulation
Article 16 – paragraph 7
Article 16 – paragraph 7
7. Distribution tariffs shall reflect the cost and benefits of use of the distribution network by system users including active customers, and may be differentiated based on system users' consumption or generation profiles. Where Member States have implemented the deployment of smart metering systems, regulatory authorities mayshall endeavour to introduce time differentiated network tariffs, reflecting the use of the network, in a transparent and foreseeable way for the consumer.
Amendment 247 #
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 and flexibility, in their networks. and promote the integration of energy from renewable sources.
Amendment 252 #
Proposal for a regulation
Article 16 – paragraph 9 – point g a (new)
Article 16 – paragraph 9 – point g a (new)
(ga) cost benefit analysis for distributed energy resources.
Amendment 277 #
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, based on transparent, objective and verifiable criteria indicating their desired level of security of supply in a transparent mannerthat they deem necessary.
Amendment 282 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The reliability standard shall be set by the national regulatory authority based on the methodology pursuant to Article 19(5), taking into account the principles of necessity and proportionality and the need to avoid the negative impacts of environmentally harmful subsidies and unnecessary market distortions, including overcapacity.
Amendment 288 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. To address residual concerns that cannot be eliminated by the measures pursuant to Article 18(3), Member States may introduce capacity mechanisms, subject to the provisions of this Article and to the Union State aid ruleshall prepare a plan providing for appropriate measures to address the said concerns, to be implemented within a maximum period of five years.
Amendment 289 #
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. The plan under paragraph 1 shall aim at ensuring resource adequacy without additional recourse to capacity mechanisms, via one or more of the following: a) additional renewable energy generation capacity; b) Energy efficiency; c) Demand side response; d) Storage; e) Interconnection.
Amendment 290 #
Proposal for a regulation
Article 23 – paragraph 1 b (new)
Article 23 – paragraph 1 b (new)
1b. Pending the implementation of the plan under paragraph 1, Member States may introduce capacity mechanisms, subject to the provisions of this Article and to the Union State aid rules.
Amendment 292 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Where a Member State wishes to implement a capacity mechanism, it shall consult on the proposed mechanism at leastwith all interested parties, including with its electrically connected neighbouring Member States.
Amendment 294 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Capacity mechanisms shall not create unnecessary market distortions and, particularly by discriminating against renewable energy sources, discouraging recourse to flexible consumption and energy efficiency, or raising costs for consumers. They shall not limit cross- border trade. The duration of, and the amount of capacity committed in, the mechanism shall not go beyond what is necessary to address the concern.
Amendment 300 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. Generation capacity for which a final investment decision has been made after [OP: entry into force] shall only be eligible to participate in a capacity mechanism if its emissions are below 550 gr CO2/kWh. Generation capacity emitting 550 gr CO2/kWh or more shall not be committed in capacity mechanisms 5 years after the entry into force of this Regulation.
Amendment 317 #
Proposal for a regulation
Article 23 – paragraph 5 a (new)
Article 23 – paragraph 5 a (new)
5a. Capacity mechanisms shall be consistent with the objective of phasing out environmentally harmful subsidies.
Amendment 397 #
Proposal for a regulation
Article 49 – paragraph 1 a (new)
Article 49 – paragraph 1 a (new)
In performing its functions under EU law, the EU DSO entity shall act for the European good and independent from individual national interests or the national interests of distribution system operators, and shall contribute to the efficient and sustainable achievement of the objectives set out in the policy framework for climate and energy covering the period from 2020 to 2030, in particular by removing obstacles to the integration of electricity generated from renewable energy sources and to increases in energy efficiency.
Amendment 398 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. By [OP: twelve months after entry into force], the distribution system operators, with the administrative support of the Agency and on the basis of the criteria defined pursuant to paragraph 2, shall submit to the Commission and to the Agency the draft statutes, a list of registered members, the draft rules of procedure, including the rules of procedures on the consultation with ENTSO for Electricity and other stakeholders and the financing rules, of the EU DSO entity to be established.
Amendment 400 #
Proposal for a regulation
Article 50 – paragraph 1 – point 1 (new)
Article 50 – paragraph 1 – point 1 (new)
(1) By [OP: six months after entry into force], the Agency shall define criteria for the elaboration of the draft statutes, the list of registered members, and the draft rules of procedure referred to in paragraph 1 with a view to maintaining independence of the EU DSO entity from its members and to ensuring a balanced representation as well as equitable treatment of all member distribution system operators. The Agency shall formally consult organisations representing all stakeholders on the criteria.
Amendment 401 #
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 either provide an positive opinion to the Commission on the draft statutes, the list of members and the draft rules of procedure, or propose amendments. In the latter case, the Agency shall consult distribution system operators and all stakeholders before adopting the amendments.
Amendment 403 #
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. The Commission shall deliver an opin decision on the draft statutes, the list of members and the draft rules of procedure taking into account the opinion of the Agency provided for in paragraph 23, within three months of receipt of the opinion of the Agency.
Amendment 404 #
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
4. Within three months of the day of receipt of the Commission’s positive opinionapproval, the distribution system operators shall establish the EU DSO entity and adopt and publish its statutes and rules of procedure.
Amendment 405 #
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
5. The documents referred to in paragraph 1 shall be submitted to the Commission and to the Agency in case of changes thereof or upon their reasoned request. The Agency and the Commission shall deliver an opinion in line with the process set out in paragraphs 2 to 4 shall be followed.
Amendment 407 #
Proposal for a regulation
Article 51 – paragraph 1 – introductory part
Article 51 – paragraph 1 – introductory part
1. The tasks of the EU DSO entity shall be the followingpromote:
Amendment 408 #
Proposal for a regulation
Article 51 – paragraph 1 – point a
Article 51 – paragraph 1 – point a
Amendment 409 #
Proposal for a regulation
Article 51 – paragraph 1 – point b
Article 51 – paragraph 1 – point b
(b) integration of renewable energy resources, distributed generation and other resources embedded in the distribution network such as energy storage;
Amendment 411 #
Proposal for a regulation
Article 51 – paragraph 1 – point e
Article 51 – paragraph 1 – point e
(e) data management,a high level of cyber security and data protection;, and impartiality in data management.
Amendment 412 #
Proposal for a regulation
Article 51 – paragraph 1 – point f
Article 51 – paragraph 1 – point f
Amendment 414 #
Proposal for a regulation
Article 51 – paragraph 2 – point a
Article 51 – paragraph 2 – point a
(a) cooperate with ENTSO for electricity to examine problems and formulate recommendations related ton the monitoring 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 415 #
Proposal for a regulation
Article 51 – paragraph 2 – point e
Article 51 – paragraph 2 – point e
Amendment 416 #
Proposal for a regulation
Article 51 – paragraph 2 – point e a (new)
Article 51 – paragraph 2 – point e a (new)
(ea) participate, as a formal participant in relevant stakeholder committees referred to in Article 55(2), in the elaboration of network codes pursuant to Article 56.
Amendment 417 #
Proposal for a regulation
Article 51 – paragraph 2 a (new)
Article 51 – paragraph 2 a (new)
2a. The EU DSO entity shall operate in full compliance with EU and national competition rules.
Amendment 418 #
Proposal for a regulation
Article 51 – paragraph 2 b (new)
Article 51 – paragraph 2 b (new)
2b. The Commission shall periodically review, and at least on a biannual basis or on the basis of third party complaints, the activities and deliberation of the EU DSO entity, in view of ascertaining its compliance with Articles 101 and 102 of the Treaty and shall adopt the appropriate measures on the basis of Regulation (EC) No 1/2003.
Amendment 419 #
Proposal for a regulation
Article 51 – paragraph 2 c (new)
Article 51 – paragraph 2 c (new)
2c. The EU DSO entity shall provide the public with regular information on its decision-making and activities, including of meetings and deliberations.
Amendment 420 #
Proposal for a regulation
Article 51 – paragraph 2 d (new)
Article 51 – paragraph 2 d (new)
2d. The EU DSO and its members shall make available all information required by the Agency to fulfil its tasks under Article 52a of this Regulation.
Amendment 422 #
Proposal for a regulation
Article 52 – paragraph 1 a (new)
Article 52 – paragraph 1 a (new)
1a. The Agency shall monitor the execution of the tasks attributed to the EU DSO entity in Article 51 and ensure its compliance with the obligations under this Regulation and other relevant Union legislation, notably as regards the independence of the EU DSO entity and the requirement to ensure a balanced representation of all distribution system operators across the Union. The Agency shall include the results of monitoring in its annual report pursuant to Article 16 [of the proposed Recast Regulation 713/2009 as proposed by COM(2016) 863].
Amendment 423 #
Proposal for a regulation
Article 52 – paragraph 1 b (new)
Article 52 – paragraph 1 b (new)
Amendment 425 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. The Commission may, subject to the empowerments in Articles 55 and 57, adopt delegated acts. Such delegated acts can either be adopted as network codes on the basis of text proposals developed by the ENTSO for Electricity, or, where so decided in the priority list pursuant to Article 55 paragraph 2, by the EU DSO entity and the Agency pursuant to the procedure in Article 55 or as guidelines pursuant to the procedure in Article 57.
Amendment 430 #
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 electricitAgency instead of the ENTSO for Electricity to convene a draftingstakeholder committee and submit a proposal for a network code to the agency.
Amendment 431 #
Proposal for a regulation
Article 55 – paragraph 8
Article 55 – paragraph 8
8. The Commission shall request the ENTSO for Electricity or, wWhere so decided in the priority list pursuant to paragraph 2, the EU DSO entityCommission shall request the ENTSO for Electricity , to submit a proposal for a network code which is in line with the relevant framework guideline, to the Agency within a reasonable period of time not exceeding 12 months.
Amendment 432 #
Proposal for a regulation
Article 55 – paragraph 9
Article 55 – paragraph 9
9. The ENTSO for Electricity, or where so decided in the priority list pursuant to paragraph 2, the EU DSO entity, shall convene a draftingstakeholder committee to support it in the network code development process. The draftingstakeholder committee shall consist of representatives of the ENTSO for Electricity, the Agency, the EU DSO entity, where appropriate of nominated electricity market operators and a limited number of othe mainr affected stakeholders. The ENTSO for Electricity or where so deci who are likely to have an interest in the network coded, in the priority list pursuant to paragraph 2 the EU DSO entcluding system users, relevant industry associations, technical bodies and consumer associations. The ENTSO for Electricity, shall elaborate proposals for network codes in the areas referred to in paragraph 1 upon a request addressed to it by the Commission in accordance with paragraph 8.
Amendment 434 #
Proposal for a regulation
Article 55 – paragraph 10
Article 55 – paragraph 10
10. The Agency shall revise the network code elaborated by the ENTSO for Electricity and ensure that the network code is in line with the relevant framework guideline and contributes to market integration, non-discrimination, effective competition, and the efficient functioning of the market and , submit the revised network code to the Commission within six months of the day of the receipt of the proposal . In the proposal submitted to the Commission, the Agency shall take into account the views provided by all involved parties during the drafting of the proposal led by the ENTSO for Electricity or the EU DSO entity and shall formally consult the relevant stakeholders on the version to be submitted to the Commission.
Amendment 436 #
Proposal for a regulation
Article 55 – paragraph 11
Article 55 – paragraph 11
11. Where the ENTSO for Electricity or the EU DSO entity havehas failed to develop a network code within the period of time set by the Commission under paragraph 8, the Commission may request the Agency to prepare a draft network code on the basis of the relevant framework guideline. The Agency may launch a further consultation in the course of preparing a draft network code under this paragraph. The Agency shall submit a draft network code prepared under this paragraph to the Commission and may recommend that it be adopted.
Amendment 437 #
Proposal for a regulation
Article 55 – paragraph 12
Article 55 – paragraph 12
12. The Commission may adopt, on its own initiative, where the ENTSO for Electricity or the EU DSO entitAgency have failed to develop a network code as referred to in paragraphs 8 and 12 of this Article, or the Agency has failed to develop a draft network code as referred to in paragraph 11 of this Article, or upon recommendation of the Agency under paragraph 10 of this Article, one or more network codes in the areas listed in paragraph 1.
Amendment 438 #
Proposal for a regulation
Article 55 – paragraph 13 – point 1 (new)
Article 55 – paragraph 13 – point 1 (new)
(1) Where the subject-matter of the network code is directly related to the operation of the distribution system and less relevant for the transmission system, and where so decided in the priority list pursuant to paragraph 2, the Agency shall submit a proposal for a network code to the Commission within a reasonable period of time not exceeding 12 months. The Agency shall convene a stakeholder committee to support it in the network code development process. The stakeholder committee shall consist of representatives of the Agency, the ENTSO for Electricity, the EU DSO entity, where appropriate of nominated electricity market operators and other affected stakeholders who are likely to have an interest in the network code, including system users, relevant industry associations, technical bodies and consumer platforms. The Agency shall ensure that the network code is in line with the relevant framework guideline and contributes to market integration, non-discrimination, effective competition, and the efficient functioning of the market, and submit the network code to the Commission. In the proposal submitted to the Commission, the Agency shall take into account the views provided by all involved parties during the drafting of the proposal and shall formally consult the relevant stakeholders on the version to be submitted to the Commission.