204 Amendments of Claude TURMES related to 2016/0379(COD)
Amendment 130 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The achievement of the internal energy market is not a final goal in itself but an effective instrument to reach the EU climate and energy targets for 2030 and 2050, notably the integration of a nearly 100% share of renewable energy sources in the power system as the only sustainable pathway to comply with the climate objectives deriving from the Paris Accord to hold the increase in the global average temperature to well below 2°C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels.
Amendment 131 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The 'energy efficiency first' principle plays an important role in designing the electricity market. By fostering a level playing field for demand side solutions, including demand response and energy efficiency improvements, it makes sure that the market can be effective in delivering the objectives of the Energy Union and the climate and energy framework 2030.
Amendment 135 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) This Regulation should allow the Union, if it decides to do so, in the next Multiannual Financial Framework, to collect levies on electricity trading in order to secure an additional stream of own resources.
Amendment 199 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) setting the basis for an efficient achievement of the objectives of the European Energy Union and in particular the climate and energy framework for 203030 by enabling market signals to be delivered for increased flexibility, decarbonisation and innovation; _________________ 30 and making the market fit to accommodate a high share of variable renewable energy sources by 2030; _________________ 30 COM/2014/015 final. COM/2014/015 final.
Amendment 212 #
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) setting fair rules for intra-EU cross-border exchanges in electricity, thus enhancing competition within the internal market in electricity, taking into account the particular characteristics of national and regional markets. This includes the establishment of a compensation mechanism for cross-border flows of electricity and the setting of harmonised principles on cross-border transmission charges and the allocation of available capacities of interconnections between national transmission systems; while establishing the necessary restrictions to cross-border exchanges with third countries to avoid “carbon dumping” via the import of electricity generated by high-carbon assets located in non EU Member States;
Amendment 219 #
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) 'market operator' means an nominated electricity market operator or any other entity that provides a service whereby the offers to sell electricity are matched with bids to buy electricity;
Amendment 220 #
Proposal for a regulation
Article 2 – paragraph 2 – point h
Article 2 – paragraph 2 – point h
(h) 'value of lost load' means an estimation in €/MWh, of the maximum electricity price that customers are willing to pay to avoid an outage within a given bidding zone;
Amendment 222 #
Proposal for a regulation
Article 2 – paragraph 2 – point r a (new)
Article 2 – paragraph 2 – point r a (new)
(ra) ‘priority access’ means the first right to feed in renewable electricity in case of local grid congestion.
Amendment 223 #
Proposal for a regulation
Article 2 – paragraph 2 – point s
Article 2 – paragraph 2 – point s
(s) 'priority dispatch' means the prioritization of the dispatch of power plants on the basis of criteria different from the economic merit order of bids and, in central dispatch systems, network constraintmarket bids, giving priority to the dispatch of particular generation technologies;
Amendment 224 #
Proposal for a regulation
Article 2 – paragraph 2 – point s a (new)
Article 2 – paragraph 2 – point s a (new)
(sa) 'redispatch' means the rescheduling of generation, storage or demand facilities in case of network constraints, by the responsible system operators through upward or downward power regulation, in order to ensure the secure and efficient operation of the network within technical limits and to maintain overall network stability.
Amendment 235 #
Proposal for a regulation
Article 2 – paragraph 2 – point u
Article 2 – paragraph 2 – point u
(u) 'capacity mechanism' means an administrative measure to ensure the achievement of the desirednecessary level of security of supplresource adequacy by remunerating resources for their availability not including measures relating to ancillary services;
Amendment 238 #
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 held and definitively remain outside the day ahead, intraday, balancing and any other ancillary services market, and 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 technical price limits or at the value of lost load;
Amendment 246 #
Proposal for a regulation
Article 2 – paragraph 2 – point x
Article 2 – paragraph 2 – point x
(x) ‘demonstration project’ means a project demonstrating a technology or renewable energy or energy efficiency integration model as a first of its kind in the Union and representing a significant innovation that goes well beyond the state of the art.
Amendment 250 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States, national regulatory authorities, transmission system operators, distribution system operators, and market operators and third parties to whom responsibilities have been delegated or assigned, shall ensure that electricity markets are operated in accordance with the following principles:
Amendment 254 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) actions which prevent price formation on the basis of demand and supply or constitute a disincentive to the development of more flexible generation, low carbonrenewable generation, or more flexible demand shall be avoided, while Member States shall ensure that energy poor or vulnerable customers are sufficiently protected;
Amendment 262 #
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; Market operators shall be required to assess the risk that new products and services present to household customers and to tailor their offers accordingly; National Regulatory Authorities shall monitor the market developments and modify customers protections where necessary;
Amendment 280 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) barriers to intra-EU cross-border electricity flows and cross-border transactions on electricity markets and related services markets shall be avoided;
Amendment 284 #
Proposal for a regulation
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(ga) cross-border electricity flows between the EU and third countries shall discourage imports of electricity generated by high-carbon assets located in non EU Member States;
Amendment 291 #
Proposal for a regulation
Article 3 – paragraph 1 – point j a (new)
Article 3 – paragraph 1 – point j a (new)
(ja) electricity generation operators shall bear the full financial and legal responsibility deriving from the operation of their assets throughout their life-time, for their decommissioning, as well as for the management of waste or reconversion of sites;
Amendment 294 #
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) market rules shall enable the efficient dispatch of generation assets and demand response, whilst accounting for the ability of individual assets to participate in dispatch mechanisms;
Amendment 297 #
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) market rules including those applying to ancillary services, shall allow for entry and exit of electricity generation, demand side response providers, storage facilities and electricity supply undertakings based on their assessment of the economic and financial viability of their operations, except generation assets that part of a strategic reserve or capacity mechanism;
Amendment 306 #
Proposal for a regulation
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) long-term hedging opportunities, which allow market participants to hedge against price volatility risks on a market basis, and eliminmitigate uncertainty on future returns on investment shall be tradable on exchanges in a transparent manner subject to compliance with EU treaty rules on competition. Regulatory changes shall take into account effects on both short- term and long-term forward and futures markets and products.
Amendment 314 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. All market participants shall aim for system balance and shall be financially responsible for imbalances they cause in the system. They shall either be balance responsible parties or delegate their responsibility to a balance responsible party of their choice. However, generating installations using renewable energy sources shall be responsible for imbalances they cause in the system only if a liquid intraday market exists and barriers to their participation in balancing markets are removed.
Amendment 324 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States shall establish transparent, fair and competitive markets for the delegation of balancing responsibility from small-scale generating installations using renewable energy sources or high-efficiency cogeneration referred to in paragraph 2. Member States shall, in particular, ensure that: (a) the owner of a small scale generating installation using renewable energy sources or high-efficiency cogeneration can choose among at least three service providers for the delegation of its balancing responsibility; (b) the contracts offered by the service providers to the owner of a small-scale generating installation using renewable energy sources or high-efficiency cogeneration clearly indicate how the pricing of the service will be cost- reflective and proportionate. By way of derogation from the first subparagraph, Member States may delegate to system operators the task of acting as default balance responsible party for small-scale generating installations using renewable energy sources or high-efficiency cogeneration. If they do so, national regulatory authorities shall permit system operators to recover their costs in the form of network tariffs.
Amendment 327 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Member States mayshall provide for derogation from balance responsibility in respect of:
Amendment 336 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) electricity generated ing installations using renewable energy sources or generated in a high- efficiency cogeneration with an installed electricity capacity of less than 500 kW;process in installations with an installed capacity of less than 3 MW (or 3 generation units). As of 1 January 2026, this threshold shall be reduced to 1 MW provided that a liquid intraday market exists, that market barriers are removed and that installations using renewable energy sources can access at least three service providers to outsource the management of their balancing responsibilities.
Amendment 345 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) installations benefitting from support approved by the Commission under Union State aid rules pursuant to Articles 107 to 109 TFEU, and commissioned prior to [OP: entry into force]. Member States may, subject to Union state aid rules, incentivize market participants which are fully or partly exempted from balancing responsibility to accept full balancing responsibility against appropriate compensation.
Amendment 349 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 357 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Member States shall comply with the provisions of the above paragraphs through the reporting process on the internal energy market as provided in Article 21 of the Governance regulation [add reference].
Amendment 362 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. All market participants shall have 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 including small decentralised or distributed generation, as well as increased demand responsiveness and the advent of new technologies.
Amendment 367 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Balancing markets shall be organised in such a way, in particular through product definition, bid size, duration and gate closure, as to ensure effective non-discrimination between market participants taking account of the different technical capability of generation from variable renewable sources and demand side response and storage, including small decentralised or distributed generation, and individual and aggregated demand side response and storage and taking account of the different ownership of the generation. Balancing markets shall allow prequalification for a pool of decentralised resources, rather than individual units.
Amendment 376 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Balancing markets shall ensure operational security whilst allowing for maximum use and efficient allocation of cross-zonal capacity across timeframes in accordance with Article 15. To this effect, there shall be no reservation of cross- zonal capacity for balancing purposes, with the exception of the calculated capacity as defined by the regional operation centres.
Amendment 377 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Marginal pricing shall be used for the settlement of balancing energy. MOn balancing markets, market participants shall be allowed to bid as close to real time as possible, and at least after the intraday cross-zonal gate closure time determined in accordance with Article 59 of Commission Regulation (EU) 2015/122234. _________________ 34 Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (OJ L 197, 25.7.2015, p. 24).
Amendment 380 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The imbalances shall be settled at a price that reflects the real time value of energy as observed on the activity on the commercial markets close to real time.
Amendment 394 #
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, whether market participants participate individually or through aggregation.
Amendment 404 #
Proposal for a regulation
Article 5 – paragraph 9
Article 5 – paragraph 9
9. The procurement of upward balancing capacity and downward balancing capacity shall be carried out separately. The contractingProcurement of balancing capacity shall be performed for not longer than one day before the provision of the balancing capacity and the contracting period shall have a maximum duration of one day.
Amendment 407 #
Proposal for a regulation
Article 5 – paragraph 10
Article 5 – paragraph 10
10. Transmission system operators or third parties to whom these responsibilities have either been delegated by the relevant TSO, Member State or regulatory authority shall publish close to real-time information on the current balancing state of their control areas, the imbalance price and the balancing energy price.
Amendment 423 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Market operators shall be free to develop products and trading opportunities that suit market participants' demand and needs and ensure that all market participants are able to access the market individually or through aggregation. They shall respect the need to accommodate increasing shares of variable renewable generation as well as increased demand responsiveness and the advent of new technologies. Market operators shall ensure that local communities have a proportionate and simple access to the market.
Amendment 428 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Market operators shall allow market participants to trade energy as close to real time as possible and at least up to the intraday cross-zonal gate closure time determined in accordance with Article 59 of Regulation (EU) 2015/1222.5 minutes before real time across all bidding zones
Amendment 431 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Market operators shall provide products for trading in day-ahead and intraday markets which are sufficiently small in size, with minimum bid sizes of 1 Megawatt or less, to allow for the effective participation of demand-side response, energy storage and small-scale renewables. Market operators shall ensure that local communities have a proportionate and simple access to the market.
Amendment 437 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. By 1 January 20252, the imbalance settlement period shall be 15 minutes in all control areas while ensuring that all boundaries of market time unit shall coincide with boundaries of the imbalance settlement period.
Amendment 451 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Long-term transmission rights shall be allocated in a transparent, market based and non-discriminatory manner through a single allocation platform. Long-term transmission rights shall be firm and be transferable between market participantsfollow the “use it or lose it” principle.
Amendment 458 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. There shall be no maximum nor minimum limit of the wholesale electricity 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 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 time frames and include balancing energy and imbalance prices.
Amendment 472 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. By way of derogation from paragraph 1, until [OP: two years after entry into force] mMarket operators may apply technical limits on maximum and minimum clearing prices for day-ahead and intraday timeframes in accordance with Articles 41 and 54 of Regulation (EU) 2015/1222. In the event that limits are, or are anticipated to be, reached, they shall be raised for the following day in accordance with Articles 41 and 54 of Regulation (EU) 2015/1222.
Amendment 476 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. By [OP: one year after entry into force] Member States shall establish a single estimate of the Value of Lost Load (VoLL) for their territory, expressed in €/MWheach of the bidding zones situated on their territory, expressed in €/MWh. Where bidding zones cover more than one Member State, all Member States involved shall agree on a single estimate. That estimate shall be reported to the Commission and made publically available. Member States may establish different VoLL per bidding zone if they have several bidding zones in their territory. In establishing VoLL, Member States shall apply the methodology developed pursuant to Article 19(5).
Amendment 480 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. By way of derogation from paragraph 1, Member States may choose to delegate to system operators the task to act as default balance responsible party for generating installations using renewable energy sources. In this case, system operators shall be allowed by national regulatory authorities to recover their costs in network tariffs.
Amendment 489 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Dispatching of power generation facilities and demand response shall be non-discriminatory and market based unless otherwise provided under paragraphs 2 to 4a (new).
Amendment 496 #
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 or distribution system operators where the installations are connected to the distribution network, shall give priority to generating installations using renewable energy sources or, including high- efficiency cogeneration from small generating installations or generating installations using emerging technologies to the following extent: , in so far that the secure operation of the electricity system is not under threat. Where TSOs or DSOs derogate from that principle, all of following conditions shall be met: (a) the share of variable renewable energy sources in the final electricity consumption of the Member State concerned is equivalent to at least33%; (b) the Member State concerned is on track to meet its national renewable energy targets for2030; (c) the Member State concerned has fully opened all its markets, including all ancillary services, to the participation of renewable energy sources and established a transparent methodology related to the curtailment rules. Where a Member State considers removing priority dispatch for new renewable energy capacities on the basis of those criteria, it shall adopt grid and market-related measures in order to mitigate the negative effects and shall provide reasons why such a removal of priority dispatch does not affect the target of reduction of the overall greenhouse gas emissions of the Union. The Member State concerned shall notify its intention to the Commission. Within three months after receipt of such a notification, the Commission shall, after assessing whether all necessary conditions are met, take a decision granting or refusing authorisation for the removal of priority dispatch. Priority dispatch shall, in any event, be maintained for installations using renewable sources with a maximum capacity of 1 MW, for demonstration projects and for installations operated by renewable energy communities.
Amendment 510 #
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 519 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 546 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. GIn order to maintain a stable regulatory framework for investors, 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 552 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4 a. Member States shall comply with the provisions of this Article through the reporting process on the internal energy market pursuant to Article21 of the [Regulation on the Governance of the Energy Union]. They shall notably ensure that dispatching rules are fully transparent and market-based, and that any removal of priority dispatch for generating installations using renewable energy sources would not undermine their contribution to: (a) the EU target for 2030 as provided in the Directive on the promotion of the use of energy from renewable sources; (b) the reduction of the overall greenhouse gas emissions of the Union by at least 40% below 1990 levels by 2030 as provided in the intended nationally determined reduction commitment of the Union and its Member States submitted to the Secretariat of the United Nations Framework Convention on Climate Change.
Amendment 564 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The resources curtailed or redispatched shallmay be selected amongst generation, storage or demand facilities submitting offers for curtailment or redispatching using market-based mechanisms and be financially compensatedfully paid. Payment shall amount to the value of the income that the operator would have got from the market and from support mechanism, where applicable, pursuant to paragraph 6(b). Submission of an offer for curtailment or redispatch shall be voluntary. Non-market- based curtailment or redispatching of generation or redispatching of demand response shall only be usedmay be used for operational security reasons 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. Market-based redispatch may not be used when it could lead to significant curtailment of electricity generated in installations using renewable sources. Regulators shall assess market interest at least every five years. 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 571 #
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 on curtailment or downward reensure that they efficiently accommodate renewable electricity or high-efficiency cogeneration to deliver Union-wide targets, including on greenhouse gas emissions, at least cost as set out in Article 51 (2) of the [Electricity Directive]. They must report at least once per year to the competent regulatory authority and ACER: - on the level of development and effectiveness of market-based curtailment or redispatching mechanisms for generation and demand-side management; - on the reasons, volumes and types of technologies subject to curtailment or downward redispatching; - on measures taken to reduce the need of curtailment or downwards dispatching of generating installations using renewable energy sources or high-efficiency cogeneration; and - on requests and contractual arrangements made with generating units for them to operate at a certain level of electricity infeed. System operators shall justify the necessity of such arrangements, and in what extent these services could not be provided by other resources; setting out whether this was in line with the least cost delivery of Union-wide targets. Where this was not the case, they must set out measures taken to reduce the need for such curtailment or downward redispatching in the future. Curtailment or redispatching of generating installations using renewable energy sources or high-efficiency cogeneration shall be subject to compensationpayment pursuant to paragraph 6.
Amendment 583 #
Proposal for a regulation
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) guarantee the capability of transmission and distribution networks to transmit electricity produced from renewable energy sources or high- efficiency cogeneration in line with the least cost delivery of Union wide targets, including climate targets, with minimum possible curtailment or redispatching. That shall not prevent network planning from taking into account limited curtailment or redispatching where this is shown to beey can demonstrate in a transparent way that this is more economically efficient and does not exceed 51 % of installed capacities of installations using renewable energy sources or high- efficiency cogeneration inat their area connection point;
Amendment 589 #
Proposal for a regulation
Article 12 – paragraph 4 – point b
Article 12 – paragraph 4 – point b
(b) take appropriate grid and market- related operational measures in order to minimise the curtailment or downward redispatching ofefficiently accommodate all electricity produced from renewable energy sources or high- efficiency cogeneration and minimise their curtailment or downward redispacthing.
Amendment 590 #
Proposal for a regulation
Article 12 – paragraph 4 – point b a (new)
Article 12 – paragraph 4 – point b a (new)
(b a) ensure that their networks are sufficiently flexible such that they are in a position to manage their networks as set out in Article 51 of the [Electricity Directive].
Amendment 598 #
Proposal for a regulation
Article 12 – paragraph 5 – point a
Article 12 – paragraph 5 – point a
(a) generating installations using renewable energy sources shall only be subject to downward redispatching or curtailment if no other alternative exists or if other solutions would result in disproportionate costs or risks to network security;
Amendment 608 #
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
(b) generating installations usingelectricity generated in a high- efficiency cogeneration process shall only be subject to downward redispatching or curtailment if, no other thanalternative exists except curtailment or downward redispatching of generating installations using renewable energy sources, no other alternative exists or if other solutions would result in highly disproportionate costs or severe risks to network security;
Amendment 615 #
Proposal for a regulation
Article 12 – paragraph 5 – point c
Article 12 – paragraph 5 – point c
Amendment 627 #
Proposal for a regulation
Article 12 – paragraph 5 – point d
Article 12 – paragraph 5 – point d
(d) downward redispatching or curtailment under letters a to c shall be duly and transparently justified. The justification shall be included in the report under paragraph 3.
Amendment 632 #
Proposal for a regulation
Article 12 – paragraph 6 – introductory part
Article 12 – paragraph 6 – introductory part
6. Where non-market based curtailment or redispatching is used, it shall be subject to financial compensationpayment by the system operator requesting the curtailment or redispatching to the owner of the curtailed or redispatched generation or demand facility. Financial compensationPayment shall at least be equal to the highest of the following elements:
Amendment 637 #
Proposal for a regulation
Article 12 – paragraph 6 – point b
Article 12 – paragraph 6 – point b
(b) 9100 % of the net revenues from the sale of electricity on the day-ahead market that the generating or demand facility would have generated without the curtailment or redispatching request. Where financial support is granted to generating or demand facilities based on the electricity volume generated or consumed, lost financial support shall be deemed part of the net revenues and compensated at 100%. The full compensation shall be settled within a reasonable timeframe after the curtailment has occurred. This paragraph shall apply to installations using a high- efficiency cogeneration process within the limit of the share of renewable energy sources in the fuel they use.
Amendment 646 #
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6 a. Member States shall ensure that the information reported under paragraph 3 is reflected through the national reporting process on the internal energy market, as provided for in Article 21 of the [Governance Regulation].
Amendment 649 #
Proposal for a regulation
Article 12 – paragraph 6 b (new)
Article 12 – paragraph 6 b (new)
6 b. Where applicable, transmission system operators of different Member States shall agree on a fair repartition of the costs of cross-border redispatching and counter-trading.
Amendment 653 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Bidding zone borders shall be based on long-term, structural congestions in the transmission network and bidding zones shall not contain such congestions. The configuration of bidding zones in the Union shall be designed in such a way as to ensure liquidity of day-ahead and intraday markets, and thus to maximise economic efficiency and cross- border trading opportunities while maintaining security of supply. They shall not contain long-term, structural congestions.
Amendment 665 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. In order to ensure an optimal bidding zone definition with liquid day- ahead and intraday markets in closely interconnected areas, a bidding zone review shall be carried outwith the objective to broaden the geographical scope of existing bidding zones and to propose arrangements for a fair cost- allocation of cross-border redispatch and counter-trading. That review shall include analysis of the configuration of bidding zones in a coordinated manner with the involvement of regional operational centers, macro-regional partnerships, affected stakeholders from all affected Member States, following the process in accordance with Articles 32 to 34 of Regulation (EU) 2015/1222. The Agency shall approve and may request amendments to the methodology and assumptions that will be used in the bidding zone review process as well as the alternative bidding zone configurations considered.
Amendment 669 #
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 a decision 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 biddThe relevant Member States are those participating in the review pursuant to Article 32(2) of Regulation (EU)2015/1222 and those in the same Capacity Calculation Region(s) pursuant to Regulation (EU) 2015/1222. Based on the proposal, the relevant Member States shall come to a unanimous decision within six months on whether to amend or maintain the bidding zone configuration. Other Member States or third countries may submit comments. The decision shall be reasoned, in accordance with relevant Union law and shall take account of the observations of other Member States and third countries, as well as of commitments on addressing existing congestion made by the relevant Member States. 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 zcone configuration launched in accordance with points (a), (b) or (c) of Article 32(1)sensus. Agreements entered into by the relevant Member States shall not deviate from coordinated capacity calculation processes as set out in Article14 nor from the relevant provisions of Regulation (EU) 2015/1222, whichever comes later.
Amendment 678 #
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4 a. Where the relevant Member States fail to come to a unanimous decision within the set 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 adopt a legislative proposal to be adopted under the ordinary legislative procedure to amend or maintain the bidding zone configuration within six months of that notification.
Amendment 683 #
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5 a. The deadline for the Commission decision referred to in paragraph 4a shall be extended by up to a further 12 months where the relevant Member State agrees to a binding, detailed roadmap with concrete milestones on how the congestion issues will be resolved. The relevant Member State shall regularly report to the Commission and to other relevant Member States on the progress made.
Amendment 693 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. TMember States and the Commission shall consult relevant stakeholders on itsbefore adopting a decisions under this Article before they are adopted.
Amendment 697 #
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. The Commission decisiondecision adopted under this Article shall specify the date of implementation of a change. That implementation date shall balance the need for expediency with practical considerations, including forward trade of electricity. The Commission may define aAppropriate transitional arrangements may be defined as part of itsthe decision.
Amendment 701 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Network congestion problems shall be addressed with non-discriminatory market-based solutions including energy efficiency/ demand-side management solutions which give efficient economic signals to the market participants and transmission system operators involved. Network congestion problems shall be solved with non- transaction based methods, i.e. methods that do not involve a selection between the contracts of individual market participants. When taking operational measures to ensure that its transmission system remains in the normal state, the transmission system operator shall take into account the effect of those measures on neighbouring control areas and coordinate such measures with other affected transmission system operators as provided for in Regulation (EU) 1222/2015.
Amendment 707 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The maximum capacity of the interconnections and/or the transmission networks affecting cross-border flows shall be made available to market participants, complying with safety standards of secure network operation. Counter-trading and redispatch, including cross-border redispatch, shall be used to maximise available capacities unless it is demonstrated that it is not beneficial to economic efficiency at Union levelguarantee the firmness of the exchange scheduled in case of reductions of the available net transfer capacity due to system security reasons.
Amendment 714 #
Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 2
Article 14 – paragraph 7 – subparagraph 2
Amendment 721 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. WhenOnly if cross-zonal capacity is available after the intraday cross-zonal gate closure time, transmission system operators shall use the cross-zonal capacity for the exchange of balancing energy or for operating the imbalance netting process.
Amendment 729 #
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 discriminate between new and existing production connected at the distribution level and new and existing production connected at the transmission level, either positively or negatively. They shall not discriminate against energy storage and aggregation and shall not create disincentives for self- generation and self-consumption using renewable energy sources and participation in demand response. Without prejudice to paragraph 3, those charges shall not be distance- related.
Amendment 746 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Where appropriate, the level of the tariffs applied to producers and/or consumers shallmay provide locational signals at Union level, and take into account the amount of network losses and congestion caused, and investment costs and benefits for infrastructure and the system. It is not appropriate to apply locational signals for active consumers.
Amendment 748 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. There shall be no specific network charge on individual transactions for cross- border trade of electricity, with the exception of specific levies collected by network operators on behalf of the Union contributing to the Union’s own resources within the Multiannual Financial Framework.
Amendment 750 #
Proposal for a regulation
Article 16 – paragraph 7
Article 16 – paragraph 7
7. Distribution tariffs shall reflect the cost ofand benefits related to the use of the distribution network by system users and the benefits of those users including lower transmission losses and load reduction including active customers, and may be differentiated based on system users’ consumption or generation profiles and grid connection capacities, whilst avoiding disincentives for energy efficiency. Where Member States have implemented the deployment of smart metering systems, regulatory authorities may introduce time differentiated network tariffs, reflecting the use of the network, in a transparent and foreseeable way for the consumer. The tariffs shall be set in a manner that incentivises investment in demand response flexibility systems and energy savings; subsequently they shall not include additional capacity-based elements. Member states shall ensure that tariffs are not discriminatory, and that there are no subsidies to specific groups of users, including exemptions to pay. Member States may allow subsidies and exemptions for measures aiming at preventing fuel poverty as set in Article 28 and Article 29 of the [Electricity Directive].
Amendment 765 #
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 thefor the most efficient operation and development of their networks and integrate innovative solutions in the distribution systems, notably via services procurement, including reduction of load through demand side response instead of network developments and aggregation of storage for ancillary services. 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, enable and incentivise reduction of demand and flexibility in their networks.
Amendment 780 #
Proposal for a regulation
Article 16 – paragraph 9 – introductory part
Article 16 – paragraph 9 – introductory part
9. By [OP: please add specific date – three months after entry into force] the Agency shall provide a recommendation addressed to regulatory authorities on the progressive convergence of transmission and distribution tariff methodologies. That recommendation shall address at least:
Amendment 786 #
Proposal for a regulation
Article 16 – paragraph 9 – point g a (new)
Article 16 – paragraph 9 – point g a (new)
(ga) methods to calculate the benefits of self-consumption, decentralised generation, storage and demand response, as well as their complementarity.
Amendment 801 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point b
Article 17 – paragraph 2 – subparagraph 1 – point b
(b) maintaining or increasing interconnection capacities through optimisation of the usage of existing interconnectors, network investments, in particular in new interconnectors. If the revenues cannot be efficiently used for the purposes set out in points (a) and/or (b) of the first subparagraph, they may be used, subject to approval by the regulatory authorities of the Member State concerned, as income to be taken into account when approving the methodology for calculating network tariffs and/or fixing network tariffs. Or. en (The last part of the wording stems from the original regulation.)
Amendment 819 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 845 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall monitor, report on and publish resource adequacy within their territory based on the European resource adequacy assessment pursuant to Article 19.
Amendment 858 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where the European resource adequacy assessment identifies a resource adequacy concern Member States shall identify any regulatory distortions and market failures that caused or contributed to the emergence of the concern.
Amendment 866 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall publish a timeline and an implementation plan for adopting measures to eliminate any identified regulatory distortions and market failures. When addressing resource adequacy concerns Member States shall in particular considerensure they contribute to EU 2030 climate and energy targets and 2050 decarbonisation objectives and shall removinge regulatory distortions, enabling scarcity pricing, developing interconnection, energy storage, demand side measures and energy efficiency. flexibility and distributed energy resources and energy efficiency. Member States shall notify the timelines to the European Commission for approval. The Commission shall assess whether these measures are sufficient to eliminate the market distortion and issue a decision as to the compatibility of the notified actions in Member States’ timelines with the overall objectives of the Energy Union. Member States shall regularly report on progress towards implementing the actions set out in their timelines. Actions may include: (a) remove regulatory distortions and market failures, notably hurdles to increased energy efficiency, flexibility and the deployment of renewable energy; (b) eliminate the potential oversupply of capacity in the market by first taking the most polluting and least flexible resources off the grid. (c) remove price caps; (d) introduce an administrative shortage pricing function as referred to in Article 44 of [The Commission regulation establishing a guideline on electricity balancing]; (e) increase interconnection capacity where necessary according to the adequacy assessment and interconnection target and reinforce and optimise internal grid to address congestion; (f) increase energy efficiency, develop demand-side response and storage capacity;
Amendment 879 #
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. In case a new capacity mechanism is introduced, the implementation plan shall also entail a comprehensive phase out strategy including a time frame for this capacity mechanism.
Amendment 885 #
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Amendment 900 #
Proposal for a regulation
Article 19 – paragraph 4 – point a a (new)
Article 19 – paragraph 4 – point a a (new)
(aa) is based on appropriate scenarios that are consistent with the objectives and targets agreed in the policy framework for climate and energy covering the period from 2020 to 2030 as well as with 2050 EU decarbonisation objectives and the Paris Agreement;
Amendment 901 #
Proposal for a regulation
Article 19 – paragraph 4 – point b
Article 19 – paragraph 4 – point b
(b) is based on appropriate scenarios of projected demand and supply including an economic assessment of the likelihood of retirement, moth- balling, new-build of generation assets and measures to reach energy efficiency and electricity interconnection targets and appropriate sensitivities on wholesale prices and carbon price developments and appropriately takes account of the contribution of all resources and their potential for technological advancement i.e. via monitoring flexibility available in the system, including existing and potential flexibility from generation, demand-side, interconnections and storage.;
Amendment 924 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The proposals under paragraphs 2 and 5, the scenarios and assumptions on which they are based and the results of the European resource adequacy assessment under paragraph 3 shall be subject to prior consultation of all interested stakeholders and approval by the Agency under the procedure set out in Article 22.
Amendment 936 #
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 desirednecessary level of security of supply in a transparent manner. This reliability standard should be set at a technically feasible and cost effective level.
Amendment 943 #
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.
Amendment 1013 #
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 temporarily introduce capacity mechanisms, subject to the provisions of this Article and to the Union State aid rules as a last resort. The Commission may adopt a decision allowing for the requested capacity mechanism to be granted, subject to the provisions of this Article and to the Union State aid rules. The Commission shall inform all Member States of those applications before taking a decision, taking into account confidentiality. That decision shall be published in the Official Journal of the European Union. The Commission may include in its decision conditions to the implementation of the capacity mechanism. Remedies that build on the curtailment of renewable energy generation, forced disconnections of household customers or limited feed- in/dispatch of small-scale self-generators shall be excluded. The decision shall be limited in time and contain a detailed timeline with measures to phase out the capacity mechanism as well as the foreseen date of expiration of the capacity mechanism.
Amendment 1030 #
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 least with its electrically connected neighbouring Member States, the Agency as well as with all relevant stakeholders, including with consumer organisations. Prior to submitting a proposal for a capacity mechanism to public consultation, the national regulatory authority shall assess the impact of the capacity mechanism on energy prices in particular to energy prices for household customers. The impact assessment shall be published.
Amendment 1037 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Capacity mechanisms shall not create unnecessary market distortions and not limit cross-border trade. The amount of capacity committed in the mechanism shall not go beyond what is necessary to address the concern. Where the European adequacy assessment has not identified a resource adequacy concern, Member State shall apply capacity mechanisms. Capacity mechanisms shall be applied for a maximum period of four years. Every four years, Member States shall assess their capacity mechanism and in particular: (a) the level of support received by capacity providers (b) the amount of capacity committed in the mechanism (c) the design criteria of the mechanism, including the sustainability criterion.
Amendment 1046 #
Proposal for a regulation
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. Decentralised resources and demand response must have non- discriminatory access to capacity mechanisms and their structural advantages shall be reflected in any mechanism;
Amendment 1047 #
Proposal for a regulation
Article 23 – paragraph 3 b (new)
Article 23 – paragraph 3 b (new)
3b. When certifying capacities, the specific characteristics of demand-side flexibility and energy storage shall be taken into account, including in product definitions and prequalification requirements.
Amendment 1074 #
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 5350 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 and if it is capable of ramping up and down on-load at least at the level of 5% of their capacity per minute.
Amendment 1081 #
Proposal for a regulation
Article 23 – paragraph 4 a (new)
Article 23 – paragraph 4 a (new)
4a. Where a Member State wishes to implement a capacity mechanism, it shall organize a competitive bidding process for capacity providers. This competitive bidding process shall include set of clear and transparent environmental criteria in order to prioritise the most sustainable and energy efficient capacity sources including demand side response. The competitive bidding process criteria must also include flexibility criteria. Eligible capacities should be capable of ramping up and down on-load at least at the level 5% of their capacity per minute. Capacity providers must comply with EU Environmental Quality Standards and performance shall not exceed the stricter emission levels associated with BAT and higher range of BAT-associated energy efficiency levels of all relevant BAT Conclusions set for new plants to participate in capacity mechanisms in order to be eligible to bid.
Amendment 1084 #
Proposal for a regulation
Article 23 – paragraph 4 b (new)
Article 23 – paragraph 4 b (new)
4b. Capacity mechanisms shall reward the contribution of all resources in the same manner, including demand-side flexibility and aggregated resources. They shall establish clear provisions on non- discriminatory product definitions and include prequalification requirements. Capacity mechanisms shall reflect the structural advantage provided by distributed and demand-side resources.
Amendment 1086 #
Proposal for a regulation
Article 23 – paragraph 4 c (new)
Article 23 – paragraph 4 c (new)
4c. Capacity products should be defined with a time-horizon of no more than 4 years. The same contract lengths should be available to all resources.
Amendment 1089 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
Amendment 1107 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Member States applying capacity mechanisms on [OP: entry into force of this Regulation] shall adapt their mechanisms to comply with Articles 18, 18a, 21 and 23 of this Regulation. Without prejudice to the immediate application of the emission limits and flexibility requirements set out in Article 23, by [two years from the entry into force of this Regulation], Member States shall complete the review of existing capacity mechanisms, and of the related contractual or administrative arrangement, and bring them in compliance with the provisions of this Regulation. They shall submit to the Commission a detailed report on the results of the review and of the measures taken.
Amendment 1117 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Transmission system operators shall cooperate at Union level through the ENTSO for Electricity, in order to promote the completion and functioning of the internal market in electricity and cross- border trade and to ensure the optimal management, coordinated operation and sound technical evolution of the European electricity transmission network under the supervision of the Agency.
Amendment 1118 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. In performing its functions under EU law, the ENTSO for Electricity shall act for the European good and independent from individual national interests or the national interests of transmission 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 contributing to the efficient integration of electricity generated from renewable energy sources and to increases in energy efficiency. In particular, it shall ensure that the mobilisation of human resources from national transmission system operators does not trigger situations of conflict of interest. The Agency shall be responsible to monitor the compliance of the ENTSO for Electricity with the principles outlined in this Article.
Amendment 1122 #
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) contribute to the elaborateion of network codes in the areas set out in Article 55(1) with a view to achieving the objectives set out in Article 25 .
Amendment 1123 #
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) adopt and publish a non-binding Union -wide ten-year network development plan, ( Union -wide network development plan), every two years, based on independent modelling and calculations under the supervision of the Agency, while underlying assumptions, criteria and indicators are defined by targets enshrined in EU law, including on interconnection capacity and greenhouse gas emissions;The plan shall include different options, notably a high- renewables uptake and a high efficiency scenario;
Amendment 1125 #
Proposal for a regulation
Article 27 – paragraph 1 – point c a (new)
Article 27 – paragraph 1 – point c a (new)
(c a) define the methodology for calculating future system flexibility requirements;
Amendment 1126 #
Proposal for a regulation
Article 27 – paragraph 1 – point c b (new)
Article 27 – paragraph 1 – point c b (new)
(c b) define guidance for establishing targets and trajectories for the development of demand response;
Amendment 1138 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. While preparing the proposalopinions pursuant to the tasks referred to in Article 27(1) , the ENTSO for Electricity shall conduct an extensive consultation process, at an early stage and structured in a way to enable accommodating stakeholder comments before final adoption and in an open and transparent manner, involving all relevant stakeholders , and, in particular, the organisations representing all stakeholders, in accordance with the rules of procedure referred to in Article 26 . That consultation shall also involve national regulatory authorities and other national authorities, supply and generation undertakings, system users including customers and their representatives, distribution system operators, including relevant industry associations, technical bodies and stakeholder platforms. It shall aim at identifying the views and proposals of all relevant parties during the decision- making process.
Amendment 1139 #
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1 a. An Independent Advisory Council of stakeholder representatives, in particular system users and final customers, shall be formally established to provide independent advice to the Board of the ENTSO for Electricity on: (a) the elaboration of network codes as set out in Article 27(1) (a); (b) the Union wide development plans as set out in Article 27(1); (c) the annual work-programme as set out in Article 27 (1)(h) and (d) the annual report as set out in Article 27 (1)(i).
Amendment 1140 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Before adopting the proposalopinions pursuant to Article 27(1) the ENTSO for Electricity shall indicate how the observations received during the consultation have been taken into consideration. It shall provide reasons where observations have not been taken into account.
Amendment 1146 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. FWithout prejudice to Articles 32 to 44 of this Regulation and for the purposes of achieving the goals set in paragraphs 1 and 2 of this Article, the geographical area covered by each regional cooperation structure may be defined by the Commission, taking into account existing regional cooperation structures. Each Member State shall be allowed to promote cooperation in more than one geographical area. The Commission is empowered to adopt delegated acts in accordance with Article 63 concerning the geographical area covered by each regional cooperation structure. For that purpose, the Commission shall consult the Agency and the ENTSO for Electricity.
Amendment 1152 #
Proposal for a regulation
Article 32 – title
Article 32 – title
Establishment and mission of regional operational centres
Amendment 1155 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. By [OP: twelve months after entry into force], all transmission system operators shallof a system operation region shall submit to the regulatory authorities of the region a proposal for the establishment of regional operational centres in accordance with the criteria set out in this chapter. RThe proposal shall include at least: (a) The Member State where the regional operational centres sha will be established in the territory of one of the Member States of the region where it will operate, which shall be one of the Member States of the region where it will operate. (b) The statutes and rules of procedure of regional operational centres; (c) The cooperative decision-making processes in accordance with Article 35; (d) The arrangements concerning the liability of regional operational centres in accordance with Article 44.
Amendment 1157 #
Proposal for a regulation
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
1 a. Regional operational centres shall enter into operation by [insert deadline OP:12 months after the entry into force].Regional operational centres shall supersede the regional security coordinators established in accordance with [Commission Regulation establishing a guideline on electricity transmission system operation].
Amendment 1159 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
Amendment 1164 #
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3 a. Regional operational centres shall submit individually to the Agency their draft statutes and rules of procedure taking into account the guidelines and recommendations issued by the Agency pursuant to paragraph 3.Within two months, the Agency shall decide to approve the statutes and rules of procedure, or propose amendments.
Amendment 1165 #
Proposal for a regulation
Article 32 – paragraph 3 b (new)
Article 32 – paragraph 3 b (new)
3 b. By [OP:six months after entry into force], the Agency shall issue guidelines and recommendations to the TSOs of the system operation region for the elaboration of the statutes and rules of procedure proposal referred to in paragraph 41with a view to ensuring consistent, efficient and effective functioning of the regional operational centres and the common and consistent application of Union law.Recommendations referred to in this paragraph may be general to all regional operational centres or specific to one or more several regional operational centres if they address cross-border relevant issues.
Amendment 1166 #
Proposal for a regulation
Article 32 – paragraph 3 c (new)
Article 32 – paragraph 3 c (new)
3 c. During the development of the proposal referred to in paragraph 1 (3a), the transmission system operators of each system operation region shall take into account the guidelines and recommendations issued by the Agency.Within two months after submission, the Agency shall decide to approve the statutes and the rules of procedure, or to propose amendments.
Amendment 1167 #
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32 a Mission of regional operational centres 1.Regional operational centres shall complement the role of transmission system operators by performing functions of regional relevance.They shall establish operational arrangements in order to ensure the efficient, secure and reliable operation of the interconnected transmission system. 2. Regional operational centres shall act in the interest of the system and the market operation of the region over the interests of any single entity, and independently from national interests or the interests of an individual transmission system operator. 3. In performing their functions, regional operational centres shall contribute to the achievement of the 2030 and 2050 objectives set out in the climate and energy policy framework.
Amendment 1176 #
Proposal for a regulation
Article 33 – paragraph 1 – point d a (new)
Article 33 – paragraph 1 – point d a (new)
(d a) the macro-regional partnerships as defined in the [Governance Regulation].
Amendment 1177 #
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1 a. The proposal in paragraph 1 shall at least specify which transmission system operators, load frequency control blocks, load frequency control areas and bidding zone borders are covered by each of the system operation regions.Where a transmission system operator is responsible forbidding zone borders belonging to different system operation regions, it may be covered by more than one regional operational centre.
Amendment 1180 #
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2 a. The Agency may request the ENTSO for Electricity to review the system operation regions covered by regional operational centres.ENTSO for Electricity shall submit to the Agency a proposal to maintain or amend the system operation regions covered by regional operational centres within six months.Within three months of receipt, the Agency shall either approve, reject or propose amendments to the proposal in accordance with the procedure referred to in paragraph 2.
Amendment 1210 #
Proposal for a regulation
Article 34 – paragraph 1 – point m
Article 34 – paragraph 1 – point m
(m) identification of regional crisis scenarios according to Article 6(1) of [Regulation on risk preparedness as proposed by COM(2016) 862] if this task is delegated by ENTSO for Electricity;
Amendment 1213 #
Proposal for a regulation
Article 34 – paragraph 1 – point o
Article 34 – paragraph 1 – point o
Amendment 1215 #
Proposal for a regulation
Article 34 – paragraph 1 – point p
Article 34 – paragraph 1 – point p
(p) tasks related to the seasonal adequacy outlooks if and to the extent they are delegated to the regional operational centres pursuant to Article 9(2) of [Regulation on risk preparedness as proposed by COM(2016) 862];
Amendment 1216 #
Proposal for a regulation
Article 34 – paragraph 1 – point p a (new)
Article 34 – paragraph 1 – point p a (new)
(p a) tasks related to the development of a methodology for identifying the most relevant electricity crisis scenarios in a regional context pursuant to Article 5(4) of [Regulation on risk preparedness as proposed by COM (2016) 862
Amendment 1217 #
Proposal for a regulation
Article 34 – paragraph 1 – point p b (new)
Article 34 – paragraph 1 – point p b (new)
(p b) tasks related to the development of a methodology for short-term adequacy assessments pursuant to Article 8(2) of[Regulation on risk preparedness as proposed by COM(2016) 862
Amendment 1218 #
Proposal for a regulation
Article 34 – paragraph 1 – point p c (new)
Article 34 – paragraph 1 – point p c (new)
(p c) co-ordination of the harmonisation of regional measures to be included in the national risk-preparedness plans of Member States concerned pursuant Articles 10(4) and 12(2) of [Regulation on risk preparedness as proposed by COM(2016) 862]
Amendment 1221 #
Proposal for a regulation
Article 34 – paragraph 1 – point q a (new)
Article 34 – paragraph 1 – point q a (new)
(q a) tasks related to support transmission system operators on the identification of transmission capacity needs.
Amendment 1223 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Commission may add other functions to the regional operational centres, not involving decision making power, pursuant to Chapter VII of this Regulation.
Amendment 1227 #
Proposal for a regulation
Article 34 – paragraph 4 a (new)
Article 34 – paragraph 4 a (new)
4 a. Upon request of the Commission, the regional operational centres shall give their views to the Commission on the adoption of the guidelines referred in Article 54.
Amendment 1244 #
Proposal for a regulation
Article 35 a (new)
Article 35 a (new)
Article 35 a Cooperation between regional operational centres 1.Regional operational centres shall cooperate at Union level in order to ensure the coordinated operation and efficient and secure performance of the electricity systems across the Union.For this purpose, regional operational centres shall set up efficient cooperation structures to: (a) share existing tools, methods and procedures. (b) carry out their coordination functions alternately or cooperatively; (c) jointly optimise the execution of functions and tools for transmission system operators and develop new ones. 2.By [OP:eighteen months after entry into force of this Regulation], regional operational centres shall develop, in close cooperation with transmission system operators and the ENTSO for Electricity, and submit to the Agency, a proposal for the cooperation and coordination between regional operational centres in accordance with the criteria in paragraph 1. Within three months of receipt, the Agency shall, after formally consulting the organisations representing all stakeholders, either decide to approve the proposal or propose amendments. 3.The proposal referred to in paragraph 2 shall be submitted to the Agency in case of significant changes.
Amendment 1249 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. RWith the support of the Agency, regional operational centres shall develop working arrangements 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 1254 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
Regional operational centres shall develop a procedure to organise, in the exercise of their daily operational duties and tasks, the appropriate and regular consultation of transmission system operators and of relevant stakeholders. In order to ensure that regulatory issues can be addressed, regulatory authorities shall be involved when required.
Amendment 1256 #
Proposal for a regulation
Article 37 a (new)
Article 37 a (new)
Article 37 a Transparency 1.Regional operational centres shall organise a process for stakeholder involvement and organise regular meetings with stakeholders to discuss matters relating to the efficient, secure and reliable operation of the interconnected system as well as to identify shortcomings and propose improvements; 2.ENTSO for electricity and regional operational centres shall operate in full transparency towards stakeholders and the general public.All relevant documentation shall be published on the website of the respective regional operation centre.This paragraph shall apply to the proposals, justifications and decisions adopted pursuant to Articles 32, 33 and 35(a) 38 of this Regulation.
Amendment 1264 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. RWith the support of the Agency, regional operational centres shall develop a procedure for the adoption of decisions and recommendations.
Amendment 1267 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Regional operational centres shall adopt binding decisions addressed to the transmission system operators in respect of the functions referred to in points (a), (b), (g) and (q) of Article 34(1). Transmission system operators shall implement the binding decisions issued by the regional operational centres except in cases when the safety of the system will be negatively affectedthe relevant points of Article 34(1).
Amendment 1272 #
Proposal for a regulation
Article 38 – paragraph 2 a (new)
Article 38 – paragraph 2 a (new)
2 a. Transmission system operators may not implement the binding decisions issued by the regional operational centres where the implementation of the decisions would result in a violation of operational security limits defined by each TSO in accordance with Article 25 of Regulation [The Commission Regulation establishing a guideline on Electricity Transmission System Operation]. When a transmission system operator decides not to implement a decision for the reason referred to in this paragraph, it shall notify it to the regional operational centre within the shortest delay possible, together with a justification.The regional operational centre shall assess the impact of the deviation on the other transmission system operators of the region and may propose a different set of decisions. Regional operational centres shall report the instances where a transmission system operator decides not to implement a decision, together with the justification provided, to the regulatory authorities of the system operation region within the following two days. Regional operational centres may request the Agency or one or more national regulatory authorities of the geographical area where they are established to assess whether a justification invoked by a transmission system operator pursuant to paragraph 3 qualifies as a violation of operational security limits
Amendment 1273 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. Regional operational centres shall adopt recommendations addressed to the transmission system operators for the functions referred to in points (c) to (f) and (h) to (p) of Article 34(1)listed in Article 34(1) which are not referred to in paragraph 2 of this Article. Every 6 months, regional operational centres shall publish a comprehensive report presenting all cases where decisions and recommendations where not applied, and detailing proposals for improving the procedures.
Amendment 1279 #
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
4. The regulatory authorities of a system operation region may jointly decide to grant binding decision-making powers to the regional operational centre for one or more of the functions provided for in points (c) to (f) and (h) to (l) oflisted in Article 34(1) and which are not referred to in paragraph 2 of this Article 34(1).
Amendment 1282 #
Proposal for a regulation
Article 38 – paragraph 4 a (new)
Article 38 – paragraph 4 a (new)
4 a. Other functions may be assigned to the regional coordination centres, when it is deemed efficient and so agreed by all relevant parties.
Amendment 1290 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. RWith the support of the Agency, regional operational centres shall develop a procedure for the revision of decisions and recommendations.
Amendment 1294 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. The procedure shall be triggered at the request of one or more of the transmission system operators of the system operation region. Following the revision of the decision or recommendation, regional operational centres shall confirm or modify the measure.
Amendment 1296 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. WThe re the measure subject to revision is a binding decision in accordance with Article 38(2), the request for revision shall not suspend the decision except in cases when the safety of the system will be negatively affectedquest for revision shall not suspend the decision except in cases when the implementation of the binding decision will result in a violation of operational security limits defined by each TSO in accordance with Article 25 of Regulation [The Commission Regulation establishing a guideline on Electricity Transmission System Operation] at the time of implementing the decision.
Amendment 1298 #
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
Amendment 1304 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The management board shall be composed of members representing the transmission system operators and of observers representing the regulatory authorities of the system operation region. The representatives of the regulatory authorities shall have no voting rights.
Amendment 1315 #
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. Regional operational centres shall set up and manage their organisation according to a structure that supports the safety of their functions and that they exercise their powers independent from any market players. Regional operational centres shall ensure that their staff and the persons responsible for their management act independently from any market interest and do not seek or take direct instructions from any government or other public or private entity when carrying out their tasks. Their organisational structure shall specify:
Amendment 1327 #
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 independently and impartially.
Amendment 1331 #
Proposal for a regulation
Article 43 – title
Article 43 – title
Amendment 1332 #
Proposal for a regulation
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
1. Regional operational centres shall establish a process for the continuous monitoring ofsubmit to the Agency and to the regulatory authorities of the system operation region the data underlying the task they perform and an activity report at least annually. The data and report shall cover at least:
Amendment 1337 #
Proposal for a regulation
Article 43 – paragraph 3
Article 43 – paragraph 3
3. Regional operational centres shall establish their costs in a transparent manner and report them to the Agency and to the regulatory authorities of the system operation region at least annually.
Amendment 1341 #
Proposal for a regulation
Article 43 – paragraph 5
Article 43 – paragraph 5
5. Regional operational centres shall report annually shortcomings identified in the monitoring process under paragraph 1 to ENTSO for electricity, the regulatory authorities of the system operation region, the Agency and the competent authorities of Member States responsible for the prevention and management of crisis situations.
Amendment 1350 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2 – point c a (new)
Article 45 – paragraph 1 – subparagraph 2 – point c a (new)
(c a) include a scenario where the penetration of renewable energy sources exceeds EU targets by a significant magnitude.
Amendment 1351 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2 – point c b (new)
Article 45 – paragraph 1 – subparagraph 2 – point c b (new)
(c b) identify any inconsistencies in the TSOs approach to calculating future system flexibility requirements and demand response capacity.It should also identify any cross-border implications created from potential deficiencies in the system flexibility and provide to National Regulatory Authorities best practices to develop additional flexibility resources.
Amendment 1354 #
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. They shall collaborate with national regulatory authorities around the monitoring of demand-side flexibility available in the system, including existing and potential flexibility from generation, demand-side, interconnections, and storage, pursuant to Article 58 of [Electricity Directive]. For availability and actual use of small generation and load units, aggregated estimate data may be used.
Amendment 1357 #
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
5. The market participants concerned shall provide the transmission system operators with the relevant data. All power plants using renewable energy sources, with an installed electricity capacity of more than 1 MW shall provide the transmission system operators with real time information at least of their net production so as to allow TSOs to comply with their obligations under Article 40 (1) (i), and (k).
Amendment 1364 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
Distribution system operators which are not part of a vertically integrated undertaking or, which are unbundled according to the provisions of Article 35 [recast of Directive 2009/72/EC as proposed by COM(2016) 864/2], or which are financially unbundled and fully independent from energy related entities according to the provisions of Article [50 c], shall cooperate at Union level through a European Entity for Distribution system operators ("EU DSO entity"), in order to promote the completion and functioning of the internal market in electricity, and to promote optimal management and a coordinated operation of distribution and transmission systems. Distribution system operators who wish to participate in the EU DSO entity shall become registered members of the entity.
Amendment 1385 #
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, 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 EDistribution system operators shall cooperate at Union level to contribute to the achievement of the EU climate and energy objectives including the integration of high levels of electricity generated by variable renewable energy sources, to promote the completion and functioning of the internal market in electricity, and other stakeholders and the financing rules, of the EU DSO entity to be establishedto promote optimal management and a coordinated operation of distribution and transmission systems.
Amendment 1388 #
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 procedureDistribution system operators who comply with the principles established in Article 50c (new) may establish themselves in a common European entity for distribution system operators in the field of electricity (“EU DSO entity”)structured with the administrative support of the Agency.
Amendment 1391 #
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. The Commission shall deliver an opinion onEU DSO entity shall submit to the Commission and to the Agency the draft statutes, thea list of registered members and, the draft rules of procedure taking into account the opinion of the Agency provided for in paragraph 2, within three months of receipt of the opinion of the Agency, 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 1394 #
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
4. Within threewo months of the day of receipt of the Commissreceipt, the Agency, after formally consulting the organisation’s positive opinion, the distribution system operators shall establish the EU DSO entity and adopt and publish its statutes and rules of procedure. 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 establishing at least a General Assembly, a Board of Directors, an Independent Advisory Council, a Secretary-General and a Secretariat and complying with the principles outlined in Article 50a (new).
Amendment 1396 #
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
Amendment 1397 #
Proposal for a regulation
Article 50 – paragraph 6
Article 50 – paragraph 6
Amendment 1400 #
Proposal for a regulation
Article 50 a (new)
Article 50 a (new)
Amendment 1401 #
Proposal for a regulation
Article 50 b (new)
Article 50 b (new)
Article 50 b Agency oversight of the EU DSO entity 1.While preparing the proposals pursuant to the tasks referred to in Article 51, the EU DSO entity shall submit to the Agency the draft texts of the proposals. Within two months of receipt, the Agency shall provide an opinion to the EU DSO entity and propose amendments. In case of a negative opinion, the EU DSO entity shall propose a revised version of the text. 2. Any natural or legal person affected by a decision can lodge an appeal to the Agency against a decision taken by the EUDSO entity where the entity has actual decision-making powers.
Amendment 1402 #
Proposal for a regulation
Article 50 c (new)
Article 50 c (new)
Amendment 1406 #
Proposal for a regulation
Article 51 – paragraph 1 – point a
Article 51 – paragraph 1 – point a
Amendment 1411 #
Proposal for a regulation
Article 51 – paragraph 1 – point b
Article 51 – paragraph 1 – point b
(b) facilitate the integration of renewable energy resources, distributed generation and other resources embedded in the distribution network such as energy storage;
Amendment 1412 #
Proposal for a regulation
Article 51 – paragraph 1 – point c
Article 51 – paragraph 1 – point c
(c) facilitate the development of demand response notably via aggregators;
Amendment 1420 #
Proposal for a regulation
Article 51 – paragraph 1 – point d
Article 51 – paragraph 1 – point d
(d) accelerate the digitalisation of distribution networks including deployment of smart grids and intelligent metering systems;
Amendment 1425 #
Proposal for a regulation
Article 51 – paragraph 1 – point e
Article 51 – paragraph 1 – point e
(e) data managementcontribute to sound data management in compliance with the right to privacy, cyber security and data protection;
Amendment 1430 #
Proposal for a regulation
Article 51 – paragraph 1 – point f
Article 51 – paragraph 1 – point f
(f) participation incontribute to the elaboration of network codes via issuing opinions pursuant to Article 55.
Amendment 1434 #
Proposal for a regulation
Article 51 – paragraph 2 – point e
Article 51 – paragraph 2 – point e
Amendment 1437 #
Proposal for a regulation
Article 52
Article 52
Amendment 1446 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Transmission and distribution system operators shall cooperate in order to achieve coordinated access to resources such as distributed generation, energy storage or demand response that may support particular needs of both the distribution system and the transmission system. They shall not sign contracts with providers of these resources that prevent them from selling their services in other markets. Standardised products for flexibility shall be defined per market zone, with the cooperation of transmission and distribution system operators , demand response service providers, other system users and with regulatory oversight pursuant to Article 32 of the [Electricity Directive].
Amendment 1448 #
Proposal for a regulation
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
2 a. The ENTSO for Electricity and the EU DSO entity shall make a proposal on the establishment of a formal cooperation mechanism between distribution system operators and transmission system operators with the objective to maximizing the contribution of all players (inter alia market agents, cooperatives, energy communities) to the achievement of the EU climate and energy targets and objectives. The proposal shall identify, inter alia, the following elements: - describe the functions of the cooperation mechanism - outline the respective responsibilities of transmission and distribution system operators in service management - establish concrete coordination mechanisms - identify all necessary changes in existing EU Network Codes - analyse functional impacts on the relationship with other local players
Amendment 1451 #
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 an opinion 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 a proposal developed by the Agency pursuant to the procedure in Article 55 or as guidelines pursuant to the procedure in Article 57.
Amendment 1471 #
Proposal for a regulation
Article 55 – paragraph 1 – point k
Article 55 – paragraph 1 – point k
(k) rules regarding harmonised transmission and distribution tariff structures and connection charges including locational signals and inter- transmission system operator compensation rules;
Amendment 1489 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The Commission shall, after consulting the Agency, the ENTSO for Electricity, the EU DSO entity and the other relevant stakeholders, establish an annual priority list every three years, identifying the areas set out in paragraph 1 Article 8(6) 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.
Amendment 1496 #
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The Commission shall request the Agency to submit to it within a reasonable period of time not exceeding six months a non-binding framework guideline (framework guideline) setting out clear and objective principles for the development of network codes relating to the areas identified in the priority list. The request of the Commission may include conditions which the framework guideline shall address. Each framework guideline shall contribute to a better market integration of high levels of electricity generated from variable renewable energy sources, non- discrimination, effective competition, and the efficient functioning of the market. Upon a reasoned request from the Agency, the Commission may extend that period.
Amendment 1499 #
Proposal for a regulation
Article 55 – paragraph 6
Article 55 – paragraph 6
6. If the Commission considers that the framework guideline does not contribute to a better market integration of high levels of electricity generated from variable renewable energy sources, non- discrimination, effective competition and the efficient functioning of the market, it may request the Agency to review the framework guideline within a reasonable period of time and re-submit it to the Commission.
Amendment 1502 #
Proposal for a regulation
Article 55 – paragraph 8
Article 55 – paragraph 8
8. The Commission shall request the ENTSO for Electricity or, where so decided in the priority list pursuant to paragraph 2, the EU DSO entity for Electricity , to submit a proposaln opinion for on 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 1503 #
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 entitAgency, shall convene a drafting committee to support it in the network code development process. The drafting 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, the main affected stakeholders. The ENTSO for Electricity or where so decided in the priority list pursuant to paragraph 2 the EU DSO entity,, including third party market operators, and any other external source of expertise from the academic world or civil society organisations. The Agency shall elaborate proposals for network codes in the areas referred to in paragraph 6 Article paragraph 1 upon a request addressed to it by the Commission in accordance with paragraph 8.;
Amendment 1509 #
Proposal for a regulation
Article 55 – paragraph 10
Article 55 – paragraph 10
10. The Agency shall revise the network code and ensure that the network code is in line with the relevant framework guideline and contributes to better market integration of high levels of electricity generated from variable renewable energy sources, non- discrimination, effective competition, and the efficient functioning of the market and , submit the reviseddraft network code to the Commission within six months of the day of the receipt of the proposal .opinion 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 1510 #
Proposal for a regulation
Article 55 – paragraph 11
Article 55 – paragraph 11
11. Where the ENTSO for Electricity or the EU DSO entity have failed to develop a network coden opinion 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 without the opinion from the ENTSO for Electricity. 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 1513 #
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 entity have failed to develop a network code, 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 1517 #
Proposal for a regulation
Article 55 – paragraph 13
Article 55 – paragraph 13
13. Where the Commission proposes to adopt a network code on its own initiative, the Commission shall consult the Agency, the ENTSO for Electricity, the EU DSO entity and all relevant stakeholders in regard to the draft network code during a period of no less than two months.
Amendment 1519 #
Proposal for a regulation
Article 55 – paragraph 14
Article 55 – paragraph 14
14. This Article shall be without prejudice to the Commission's right to adopt and amend the guidelines as laid down in Article 57. It shall be without prejudice to the possibility for the ENTSO for Electricity and the EU DSO entity to develop non-binding guidance in the areas set out in paragraph 1 where this does not relate to areas covered by a request addressed to it by the Commission. This guidance shall be submitted to the Agency for an opinion. This opinion shall be taken duly into account by the ENTSO for Electricity and by the EU DSO entity.
Amendment 1525 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. Draft amendments to any network code adopted under Article 55 may be proposed to the Agency by persons who are likely to have an interest in that network code, including the ENTSO for Electricity, the EU DSO entity, transmission and distribution system operators, system users and consumers. The Agency may also propose amendments on its own initiative.
Amendment 1532 #
Proposal for a regulation
Article 57 – paragraph 4 – subparagraph 1
Article 57 – paragraph 4 – subparagraph 1
Guidelines may also determine appropriate rules relating to charges applied to producers, energy storage and customers (load) under national distribution and transmission tariff systems and connection regimes , including the reflection of the inter-transmission system operator compensation mechanism in national network charges, the avoidance of charges that do not reflect costs and benefits of active consumers and the provision of appropriate and efficient locational signals, with the exception of active consumers, in accordance with the principles set out in Article 16.
Amendment 1538 #
Proposal for a regulation
Article 57 – paragraph 7
Article 57 – paragraph 7
7. When adopting or amending guidelines, the Commission shall consult the Agency, the ENTSO for Electricity, the EU DSO entity and other stakeholders where relevant.
Amendment 1561 #
Proposal for a regulation
Article 63 a (new)
Article 63 a (new)
Article 63 a Third Country participation Third countries may only participate in the internal electricity market provided that they have concluded agreements with the Union whereby they have adopted and are applying at least: (a) the main rights and obligations set out in [Regulation on the internal market for electricity and the delegated and implementing acts adopted pursuant to it]; (b) the main rights and obligations set out in the [Directive on the internal market for electricity]; (c) the rules on energy state aid control pursuant to Article 107 to 109 TFEU; (d) the rules on coordinated supervision of market integrity and transparency as set out in Regulation 1227/2001 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency, including market implementing acts adopted pursuant to it; (e) requirements of Council directive 2009/71/EURATOM of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations (including Council directive2014/87/EURATOM of 8 July 2014 amending Directive 2009/71/Euratom);and Council directive 2011/70/EURATOM of 19 July 2011establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste; (f) environmental rules with relevance for the power sector; and (g) rules on administrative enforcement and judicial oversight over the internal market cooperation with the EU, conferring enforcement and judicial control of the rules of this Regulation and the delegated and implementing acts adopted under it either to the Commission and the European Court of Justice or to a specific non-domestic enforcement body and a neutral non-domestic Court or arbitration body which is independent from the respective third country.2.Where no agreement between the Union and a third country has been concluded pursuant to paragraph 1 and where system operation is endangered, Member States may take necessary actions such as but not limited to the restriction of electricity flows from the respective third country.
Amendment 1562 #
Proposal for a regulation
Article 64 a (new)
Article 64 a (new)
Article 64 a Review By 1 June 2025, the Commission shall review and submit a report on the implementation of this Regulation, together with a legislative proposal if appropriate, to the European Parliament and to the Council.
Amendment 1565 #
Proposal for a regulation
Annex I – part 2 – point 2.4 a (new)
Annex I – part 2 – point 2.4 a (new)
2.4 a. Coordinated security analysis shall be performed based on a common system model in accordance with point 2 and on a methodology to design coordinated remedial actions developed by the transmission system operators of the relevant system operation region.
Amendment 1570 #
Proposal for a regulation
Annex I – part 13 – point 13.1
Annex I – part 13 – point 13.1
13.1. If ENTSO for Electricity delegates this function, rRegional operational centres shall identify regional crisis scenarios for their respective regions in accordance with the criteria set outlaid down in Article 6(1) of Regulation (../...) [Risk Preparedness Regulation as proposed by COM(2016) 862]].The scenarios shall be identified on the basis of risks for each region, such as extreme weather conditions, natural disasters, fuel shortages or malicious attacks. The scenarios shall provide the basis for the regional parts of the national risk- preparedness plans.
Amendment 1572 #
Proposal for a regulation
Annex I – part 13 – point 13.1 a (new)
Annex I – part 13 – point 13.1 a (new)
13.1 a. Regional operational centres shall contribute to the harmonisation of regional measures to be included in the national risk-preparedness plans of Member States by: (a) issuing recommendations regarding draft national risk-preparedness plans of Member States concerned pursuant to Article 10 of [Risk Preparedness Regulation]; (b) by serving as the co-ordinating body in order to facilitate agreements among competent authorities of Member States concerned on regional measures to be included in their national plans pursuant to Article 12 (2) of [Risk Preparedness Regulation].
Amendment 1573 #
Proposal for a regulation
Annex I – part 13 – point 13.1 a (new)
Annex I – part 13 – point 13.1 a (new)
13.1 a. Regional operational centres shall carry out short-term adequacy assessments, namely, seasonal adequacy outlooks as well as week-ahead to intraday adequacy assessments for their respective regions pursuant to Article 9 of [Risk Preparedness Regulation].The short-term adequacy assessment shall complement the long-term resource adequacy assessment, which ensures a coordinated European adequacy assessment to assess the need for capacity mechanisms
Amendment 1575 #
Proposal for a regulation
Annex I – part 13 – point 13.2 a (new)
Annex I – part 13 – point 13.2 a (new)
13.2 a. Regional operational centres shall be consulted when developing a methodology for short-term adequacy assessments as well as methodology for identifying the most relevant electricity crisis scenarios in a regional context pursuant to Articles 8(2) and 5(4) of [Risk Preparedness Regulation].
Amendment 1576 #
Proposal for a regulation
Annex I – part 13 a (new)
Annex I – part 13 a (new)
13 a. Identification of transmission capacity needs. 13a (new) 1. Regional coordination centres shall provide support to the TSOs of the system operation region regarding the identification of transmission capacity needs. 13a (new) 2. Regional coordination centres shall propose priorities for network investments to the TSOs of the system operation region on the basis of at least the following criteria: (a) long-term system adequacy assessments; (b) the situation of the interconnected system; (c) identified structural congestions.