Activities of Carolina PUNSET related to 2016/0379(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the internal market for electricity (recast)
Amendments (100)
Amendment 67 #
Proposal for a regulation
Recital 9
Recital 9
(9) The decarbonisation of the electricity sector, with renewable energy becoming a major part of the market, is a core objective of the Energy Union. As the Union moves towards the decarbonisation of the electricity sector and increasing penetration of renewable energy sources, it is crucial that the market removes existing barriers to cross-border trade and encourages investments into supporting infrastructure, for example, more flexible generation, interconnection, demand response and storage. To support the roll- out of energy storage solutions, Member States should take steps to remove out dated taxation provisions that lead to double-taxation. To support this shift to variable and distributed generation, and to ensure that energy market principles are the basis for the Union's electricity markets of the future, a renewed focus on short- term markets and scarcity pricing is essential.
Amendment 73 #
Proposal for a regulation
Recital 14
Recital 14
(14) To efficiently steer necessary investments, prices also need to provide signals where electricity is most needed. In a zonal electricity system, correct locational signals require a coherent, objective and reliable determination of bidding zones via a transparent process. In order to ensure efficient operation and planning of the Union electricity network and to provide effective price signals for new generation capacity, demand response, energy storage or transmission infrastructure, bidding zones should reflect structural congestion. In particular, cross- zonal capacity should not be reduced in order to resolve internal congestion.
Amendment 89 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) setting fundamental principles for well-functioning, integrated electricity markets, which allow non-discriminatory market access for all resource providers and electricity customers, empower consumers, enable demand response, energy storage and energy efficiency, facilitate aggregation of distributed demand and supply, promote sufficient levels of electricity interconnections and contribute to the decarbonisation of the economy by enabling market integration and market- based remuneration of electricity generated from renewable sources;
Amendment 93 #
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 supply by remunerating resources for their availability not including measures relating to ancillary services; a thorough cost-benefit analysis shall be carried out to justify the necessity of achieving a certain level of security of supply, as well as to justify the need to adopt capacity mechanisms in order to achieve such necessary level;
Amendment 106 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) market participation of consumers and small businesses shall be enabled individually, collectively, through participation in a local energy community, and by aggregation of generation from multiple generation facilities or load from multiple demand facilities to provide joint offers on the electricity market and be jointly operated in the electricity system, subject to compliance with EU treaty rules on competition;
Amendment 113 #
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) market rules shall allow for entry and exit of electricity generation, energy storage, and electricity supply undertakings based on their assessment of the economic and financial viability of their operations;
Amendment 132 #
Proposal for a regulation
Recital 5
Recital 5
(5) In the past, electricity customers were purely passive, often buying electricity at regulated prices which had no direct relation to the market. In the future, customers need to be enabled to fully participate in the market on equal footing with other market participants and be empowered to manage their energy consumption. To integrate growing shares of renewable energy, the future electricity system should make use of all available sources of flexibility, particularly demand response and storage and of digitalisation through the integration of innovative technologies with the electricity system. To achieve effective decarbonisation at lowest cost, it also needs to encourage energy efficiency.
Amendment 133 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Balancing markets shall be organised in such a way as to ensure effective non-discrimination between market participants taking account of the different technical capability of generation from variable. Balancing markets shall be designed to maximize the participation of renewables sources and demand side response and storage.
Amendment 139 #
Proposal for a regulation
Recital 9
Recital 9
(9) The decarbonisation of the electricity sector, with renewable energy becoming a major part of the market, is a core objective of the Energy Union. As the Union moves towards the decarbonisation of the electricity sector and increasing penetration of renewable energy sources, it is crucial that the market removes existing barriers to cross-border trade and encourages investments into supporting infrastructure, for example, more flexible generation, interconnection, demand response and storage. To support the roll- out of energy storage solutions, Member States should take steps to remove out- dated taxation provisions that lead to double-taxation. To support this shift to variable and distributed generation, and to ensure that energy market principles are the basis for the Union's electricity markets of the future, a renewed focus on short- term markets and scarcity pricing is essential.
Amendment 145 #
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 MegaKilowatt or lessmore, to allow for the effective participation of demand-side response, energy storage and small-scale renewables, including directly by customers.
Amendment 145 #
Proposal for a regulation
Recital 11
Recital 11
(11) Derogations to fundamental market principles such as balancing responsibility, market-based dispatch, or curtailment and redispatch reduce flexibility signals and act as barriers to the development of solutions such as storage, demand response or aggregation. WhileBroad derogations are still neccovering entire technologiess ary to avoid unnecessary admie not consistent with the objective of achieving market-based and efficient decarbonistrative burden for certain actors, in particular households and SMEs, broad derogations covon and should therefore only be maintained for installations that were benefiting from these derogations before the entering eintire technologies are not consistent with the objective of achieving market-based and efficient decarbonisation and should thus be replaced by more targeted measureso force of this Regulation in order to avoid the negative impact of retroactivity measures. Member states should at the same time ensure full access to all market participants to competitive balancing markets and high transparency of curtailment and redispatch measures in order for the energy market to function.
Amendment 149 #
Proposal for a regulation
Recital 14
Recital 14
(14) To efficiently steer necessary investments, prices also need to provide signals where electricity is most needed. In a zonal electricity system, correct locational signals require a coherent, objective and reliable determination of bidding zones via a transparent process. In order to ensure efficient operation and planning of the Union electricity network and to provide effective price signals for new generation capacity, demand response, energy storage or transmission infrastructure, bidding zones should reflect structural congestion. In particular, cross- zonal capacity should not be reduced in order to resolve internal congestion.
Amendment 153 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Dispatching of power generation facilities, energy storage facilities and demand response shall be non- discriminatory and market based unless otherwise provided under paragraphs 2 to 4.
Amendment 161 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. When dispatching electricity generating or energy storage installations, transmission system operators shall give priority to generating or energy storage installations using renewable energy sources or high-efficiency cogeneration from small generating installations or generating installations using emerging technologies to the following extent:
Amendment 166 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. When dispatching electricity generating installations, transmission system operators (TSOs) shall give priority to generating installations using renewable energy sources or high efficiency cogeneration in case of same economic costs when compared to other technologies.
Amendment 175 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. GeneratingIn order to maintain a stable regulatory framework for investors, generating or energy storage 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 Council 35 shall remain subject to priority dispatch. Priority dispatch shall no longer be applicable from the date where the generating or energy storage installation is subject to significant modifications, which shall be the case at least where a new connection agreement is required or the generation or energy storage 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 177 #
4a. Member States shall comply with the provisions of this article through the porting process on the internal energy market as provided in the Regulation on the Governance of the Energy Union (Art.21). They shall notably ensure that dispatching rules are fully transparent and market-based, and that the 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 188 #
Proposal for a regulation
Recital 36
Recital 36
(36) Regional operational centres should primarily act in the interest of system and market operation of the region over the interests of any single entity. Hence, regional operational centres should be entrusted with decision-making powers to act and to direct actions to be taken by transmission system operators of the system operation region for certain functions and with an enhanced advisory role for the remaining functions. Regional operational centres should ensure that decision-making processes are based on equitable treatment, geographical balance and inclusiveness, in order to ensure the representation of all transmission systems of the region.
Amendment 189 #
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 redispatching of generating, energy storage or demand- response installations using renewable energy sources or high-efficiency cogeneration and on 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, energy storage, demand-response or high-efficiency cogeneration shall be subject to compensation pursuant to paragraph 6.
Amendment 192 #
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, energy storage, demand-response or high- efficiency cogeneration 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 be more economically efficient and does not exceed 5 % of installed capacities using renewable energy sources, energy storage, demand-response or high- efficiency cogeneration in their area, provided that an appropriate consultation with stakeholders is carried out before its approval;
Amendment 193 #
Proposal for a regulation
Recital 38
Recital 38
(38) In order to raise efficiencies in the electricity distribution networks in the Union and ensure close cooperation with transmission system operators and ENTSO for electricity, a European entity of distribution system operators in the Union ("EU DSO entity") should be established. The tasks of the EU DSO entity should be well-defined and its working method should ensure efficiency, transparency, independence and representativeness amongst the Union distribution system operators. The EU DSO Entity should closely cooperate with ENTSO for Electricity on the preparation and implementation of the network codes where applicable, on the need for standardisation to facilitate crossborder data exchange between transmission system operators and distribution system operators, and should work on providing guidance on the integration inter alia of distributed generation and storage in distribution networks or other areas which relate to the management of distribution networks.
Amendment 200 #
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, among them a minimum interconnection level of 10% and an indicative target of 15% for 2030, and in particular the climate and energy framework for 203030 by enabling market signals to be delivered for increased flexibility, decarbonisation and innovation; _________________ 30 COM/2014/015 final.
Amendment 203 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) setting fundamental principles for well-functioning, integrated electricity markets, which allow non-discriminatory market access for all resource providers and electricity customers, empower consumers, enable demand response, energy storage and energy efficiency, facilitate aggregation of distributed demand and supply, and contribute to the decarbonisation of the economy by enabling market integration and market- based remuneration of electricity generated from renewable sources. Interconnections between Member States further contribute to an efficient integration of electricity from renewable energy sources to countervail their variability, reduce balancing costs and encourage competition. Each Member State shall ensure that its level of electricity interconnection is equivalent to at least 10% of their installed production capacity by 2020, with a view to reaching a more ambitious level by2030;
Amendment 204 #
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
(b) generating installations using high- efficiency cogeneration and, especially, in those cases in which: i) the primary purpose of those facilities is to produce heat for production processes of the industrial site concerned; ii) heat and power-generating is inextricably interlinked, in a way that any change of heat generation results inadvertently in a change of active power generating and vice versa; shall only be subject to downward redispatching or curtailment if, other than curtailment or downward redispatching of generating installations using renewable energy sources, no other alternative exists or if other solutions would result in disproportionate costs or risks to network security;
Amendment 211 #
Proposal for a regulation
Article 12 – paragraph 5 – point c
Article 12 – paragraph 5 – point c
(c) self-generated electricity from generating installations using renewable energy sources, energy storage, demand- response or high-efficiency cogeneration which is not fed into the transmission or distribution network shall not be curtailed unless no other solution would resolve network security issues;
Amendment 215 #
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 compensation by the system operator requesting the curtailment or redispatching to the owner of the curtailed or redispatched generation, energy storage or demand facility. Financial compensation shall at least be equal to the highest of the following elements:
Amendment 218 #
Proposal for a regulation
Article 12 – paragraph 6 – point b
Article 12 – paragraph 6 – point b
(b) 90 100% of the net revenues from the sale of electricity on the day-ahead market that the generating, energy storage 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, stored or consumed, lost financial support shall be deemed part of the net revenues. The full compensation should be settled within reasonable time after the curtailment has occurred.
Amendment 227 #
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 supply by remunerating resources for their availability not including measures relating to ancillary services;; A thorough cost- benefit analysis shall be carried out to justify the necessity of achieving a certain level of security of supply, as well as to justify the need to adopt capacity mechanisms in order to achieve such necessary level.
Amendment 232 #
Proposal for a regulation
Article 2 – paragraph 2 – point u
Article 2 – paragraph 2 – point u
(u) 'capacity mechanism' means an temporary administrative measure to ensure the achievement of the desirednecessary level of security of supply by remunerating resources for their availability not including measures relating to ancillary services;
Amendment 233 #
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 production or energy storage connected at the distribution level and production connected at the transmission level, either positively or negatively. They shall not discriminate against energy storage and shall not create disincentives, specifically not double charging energy storage, and aggregation and shall not create disincentives for self-generation, self-consumption, and for participation in demand response. Without prejudice to paragraph 3, those charges shall not be distance- related.
Amendment 240 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Tariffs shall grant appropriate incentives to transmission and distribution system operators, over both the short and long term, to increase efficiencies, including energy efficiency and energy storage, foster market integration and security of supply, and support investments and the related research activities.
Amendment 242 #
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 including active customers, and may be differentiated based on system users' consumption, energy storage or generation profiles. 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.
Amendment 245 #
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 excluded from the market and only dispatched in case day-ahead and intraday markets have failed to clear, transmission system operators have exhausted their balancing resources to establish an equilibrium between demand and supply, and imbalances in the market during periods where the reserves were dispatched are settled at the value of lost load;
Amendment 248 #
Proposal for a regulation
Article 16 – paragraph 8
Article 16 – paragraph 8
8. Regulatory authorities shall provide incentives to distribution system operators to procure services for the operation and development of their networks and integrate innovative solutions in the distribution systems. For that purpose regulatory authorities shall recognise as eligible and include all relevant costs in distribution tariffs and introduce performance targets in order to incentivise distribution system operators to raise efficiencies, including energy efficiency, and energy storage in their networks.
Amendment 251 #
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 264 #
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 and be empowered to act as participant in the energy market and the energy transition;
Amendment 267 #
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. Member States shall set indicators to report on the effectiveness of the measures adopted pursuant to paragraph 3, and shall review accordingly the potential capacity mechanism put in place.
Amendment 267 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) market participation of consumers and small businesses shall be enabled individually, collectively, through participation in a local energy community, and by aggregation of generation from multiple generation facilities or load from multiple demand facilities to provide joint offers on the electricity market and be jointly operated in the electricity system, subject to compliance with EU treaty rules on competition;
Amendment 275 #
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 desired level of security of supply in a transparent manner necessary level of security of supply in transparent manner. A thorough cost benefit analysis shall be carried out to justify the necessity of achieving a certain level of security of supply, as well as to justify the need to adopt capacity mechanisms in order to achieve such necessary level.
Amendment 302 #
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) market rules shall allow for entry and exit of electricity generation, energy storage, and electricity supply undertakings based on their assessment of the economic and financial viability of their operations;
Amendment 303 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 305 #
Proposal for a regulation
Article 23 – paragraph 4 a (new)
Article 23 – paragraph 4 a (new)
4a. Capacity mechanisms, if deemed necessary on the basis of an impact assessment, shall include flexibility criteria in the selection process of generation capacity providers. Such criteria shall aim at maximising the ramping ability, and minimising the necessary level of stable output of power plants benefitting from capacity mechanisms.
Amendment 324 #
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 in combination with energy storage and demand response and to increases in energy efficiency.
Amendment 355 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. For the purpose of paragraph 1, Member states shall ensure that all market participants have access to competitive balancing markets and services for the delegation of their balancing responsibility and other flexibility services that are cost-reflective, and provide fair value for balancing.
Amendment 356 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. From 1 January 2020, all power plants, using renewable energy sources, with an installed electricity capacity of more than 5 MW shall be able to receive in real time from the relevant TSO a maximum set point for their energy production.
Amendment 366 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. All market participants shall have full access to the balancing market, be it individually or through aggregation. Balancing market rules and products shall respect the need to accommodate increasing shares of variable generation as well as increased demand responsiveness and the advent of new technologies.
Amendment 373 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Balancing markets shall be organised in such a way as to ensure effective non-discrimination between market participants taking account of the different technical capability of generation from variable. Balancing markets shall be designed to maximize the participation of renewables sources and demand side response and storage.
Amendment 398 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. The procurement of balancing capacity shall be facilitated cross-border and 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 individually or through aggregation.
Amendment 410 #
Proposal for a regulation
Article 51 – paragraph 1 – point c
Article 51 – paragraph 1 – point c
(c) development of demand response and energy storage;
Amendment 412 #
Proposal for a regulation
Article 5 – paragraph 10 a (new)
Article 5 – paragraph 10 a (new)
10a. Member States shall report on the functioning and transparency of, and access, in particular by small providers, to, the balancing markets, in particular for the purpose of Article 4, through the reporting procedure on the internal energy market laid down in Article 21 of Regulation .../... [Governance of the Energy Union].
Amendment 432 #
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 MegaKilowatt or lessmore, to allow for the effective participation of demand-side response, energy storage and small-scale renewables, including directly by customers.
Amendment 477 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. By [OP: one year after entry into force] Member Sstates shall establish a single estimate of the Value of Lost Load (VoLL) for their territory, expressed in €/MWh. That estimateIn case of cross-border bidding zones, Member states shall establish a common estimate of the VoLL. These estimates 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 485 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Dispatching of power generation facilities, energy storage facilities and demand response shall be non- discriminatory and market based unless otherwise provided under paragraphs 2 to 4.
Amendment 490 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Dispatching of power generation facilities and demand response shall be transparent, non-discriminatory and market based unless otherwise provided under paragraphs 2 to 4.
Amendment 502 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. When dispatching electricity generating or energy storage installations, transmission system operators shall give priority to generating or energy storage installations using renewable energy sources or high-efficiency cogeneration from small generating installations or generating installations using emerging technologies to the following extent:
Amendment 523 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. When dispatching electricity generating installations, transmission system operators (TSOs)shall give priority to generating installations using renewable energy sources or high- efficiency cogeneration in case of same economic costs when compared to other technologies.
Amendment 547 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. GeneratingIn order to maintain a stable regulatory framework for investors, generating or energy storage 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 Council 35 shall remain subject to priority dispatch. Priority dispatch shall no longer be applicable from the date where the generating or energy storage installation is subject to significant modifications, which shall be the case at least where a new connection agreement is required or the generation or energy storage 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 553 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4 a. 4 a. Member States shall comply with the provisions of this article through the reporting process on the internal energy market as provided in the Regulation on the Governance of the Energy Union (Art. 21). They shall notably ensure that dispatching rules are fully transparent and market-based, and that the 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 35% 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 575 #
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, which shall be transmitted to the Agency, on curtailment or downward redispatching of generating installations using renewable energy sources or high-efficiency cogeneration and on measures taken to reduce the need for such curtailment or downward redispatching in the future, including investments in digitalisation of the grid infrastructure and in services that increase flexibility. Curtailment or redispatching of generating installations using renewable energy sources or high- efficiency cogeneration shall be subject to compensation pursuant to paragraph 6.
Amendment 579 #
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 redispatching of generating, energy storage or demand- response installations using renewable energy sources or high-efficiency cogeneration and on 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, energy storage, demand-response or high-efficiency cogeneration shall be subject to compensation pursuant to paragraph 6.
Amendment 582 #
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, energy storage, demand-response or high- efficiency cogeneration 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 be more economically efficient and does not exceed 5 % of installed capacities using renewable energy sources, energy storage, demand-response or high- efficiency cogeneration in their area, provided that an appropriate consultation with stakeholders is carried out before its approval;
Amendment 606 #
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
(b) (b) generating installations using high- efficiency cogeneration and, especially, in those cases in which: i) the primary purpose of those facilities is to produce heat for production processes of the industrial site concerned; ii) heat and power-generating is inextricably interlinked, in a way that any change of heat generation results inadvertently in a change of active power- generating and vice versa; shall only be subject to downward redispatching or curtailment if, other than curtailment or downward redispatching of generating installations using renewable energy sources, no other alternative exists or if other solutions would result in disproportionate costs or risks to network security;
Amendment 620 #
Proposal for a regulation
Article 12 – paragraph 5 – point c
Article 12 – paragraph 5 – point c
(c) self-generated electricity from generating installations using renewable energy sources, energy storage, demand- response or high-efficiency cogeneration which is not fed into the transmission or distribution network shall not be curtailed unless no other solution would resolve network security issues;
Amendment 631 #
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 compensation by the system operator requesting the curtailment or redispatching to the owner of the curtailed or redispatched generation, energy storage or demand facility. Financial compensation shall at least be equal to the highest of the following elements:
Amendment 639 #
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, energy storage 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, stored or consumed, lost financial support shall be deemed part of the net revenues. The full compensation should be settled within reasonable time after the curtailment has occurred.
Amendment 647 #
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 in the Governance Regulation (art.21).
Amendment 671 #
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 arelevant Member States shall come to a unanimous decision on 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 bidding zone configuration launched in accordance with points (a), (b) or (c) of Article 32(1) of Regulation (EU) 2015/1222, whichever comes later. 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 consensus. Agreements entered into by the relevant Member States shall not deviate from coordinated capacity calculation processes as set out in Article 14 nor from the relevant provisions of Regulation (EU) 2015/1222.
Amendment 681 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The decision referred to in paragraph 4 shall be based on the result of the bidding zone review and the transmission system operators’ proposal concerning its maintenance or amendment. The decision shall be justified, in particular as regards possible deviations from the result of the bidding zone reviewWhere the relevant Member States fail to come to a unanimous decision within the permitted 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 amend or maintain the bidding zone configuration within six months of that notification. The deadline for the Commission decision shall be final and not be further extended.
Amendment 685 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 728 #
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 production or energy storage connected at the distribution level and production connected at the transmission level, either positively or negatively. They shall not discriminate against energy storage and shall not create disincentives, specifically not double charging energy storage, and aggregation and shall not create disincentives for self-generation, self-consumption, and for participation in demand response. Without prejudice to paragraph 3, those charges shall not be distance- related.
Amendment 738 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Tariffs shall grant appropriate incentives to transmission and distribution system operators, over both the short and long term, to increase efficiencies, including energy efficiency, foster market integration and security of supply, and support efficient investments, in particular in digitalisation, flexibility services and interconnections, and the related research activities .
Amendment 742 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Tariffs shall grant appropriate incentives to transmission and distribution system operators, over both the short and long -term, to increase efficiencies, including energy efficiency and energy storage , foster market integration and security of supply, and support investments and the related research activities.
Amendment 757 #
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 including active customers, and may be differentiated based on system users’ consumption, energy storage or generation profiles. 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.
Amendment 761 #
Proposal for a regulation
Article 16 – paragraph 7
Article 16 – paragraph 7
7. Distribution tariffs shall reflect the cost and benefits of use of the distribution network by system users including active customers, and may be differentiated based on system users’ consumption or generation profiles. Where Member States have implemented the deployment of smart metering systems, regulatory authorities mayshall introduce time differentiated network tariffs, reflecting the use of the network, in a transparent and foreseeable way for the consumer.
Amendment 771 #
Proposal for a regulation
Article 16 – paragraph 8
Article 16 – paragraph 8
8. Regulatory authorities shall provide incentives to distribution system operators to procure services for the operation and development of their networks and integrate innovative solutions in the distribution systems. For that purpose regulatory authorities shall recognise as eligible and include all relevant costs in distribution tariffs and introduce performance targets in order to incentivise distribution system operators to raise efficiencies, including energy efficiency, digitalisation and flexibility, in their networks.
Amendment 772 #
Proposal for a regulation
Article 16 – paragraph 8
Article 16 – paragraph 8
8. Regulatory authorities shall provide incentives to distribution system operators to procure services for the operation and development of their networks and integrate innovative solutions in the distribution systems. For that purpose regulatory authorities shall recognise as eligible and include all relevant costs in distribution tariffs and introduce performance targets in order to incentivise distribution system operators to raise efficiencies, including energy efficiency and energy storage, in their networks.
Amendment 785 #
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 878 #
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. Member States shall set indicators to report on the effectiveness of the measures adopted pursuant to paragraph 3, and shall review accordingly the potential capacity mechanism put in place.
Amendment 933 #
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 desired necessary level of security of supply in a transparent manner. A thorough cost- benefit analysis shall be carried out to justify the necessity of achieving a certain level of security of supply, as well as to justify the need to adopt capacity mechanisms in order to achieve such necessary level.
Amendment 934 #
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 desired level of security of supply in a transparent manner. In case of cross- border bidding zones, such reliability standards shall be established jointly by the relevant authorities.
Amendment 1076 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. Generation capacity for which a final investment decision has been made after [OP: entry into force] shall only be eligible to participate in a capacity mechanism if its emissions are below 550 gr CO2/kWh. Generation capacity emitting 550 gr CO2/kWh or more shall not be committed in capacity mechanisms 52 years after the entry into force of this Regulation, or5 years for those plants that are part of strategic reserves.
Amendment 1082 #
Proposal for a regulation
Article 23 – paragraph 4 a (new)
Article 23 – paragraph 4 a (new)
4a. Capacity mechanisms, if deemed necessary on the basis of an impact assessment, shall include flexibility criteria in the selection process of generation capacity providers. Such criteria shall aim at maximising the ramping ability, and minimising the necessary level of stable output of power plants benefitting from capacity mechanisms.
Amendment 1119 #
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 in combination with energy storage and demand response and to increases in energy efficiency.
Amendment 1131 #
Proposal for a regulation
Article 27 – paragraph 1 – point new (h a (new)
Article 27 – paragraph 1 – point new (h a (new)
new (h a) standardisation, in cooperation with the EU DSO entity, of relevant data formats and protocols to facilitate crossborder exchange of data ;
Amendment 1201 #
Proposal for a regulation
Article 34 – paragraph 1 – point h
Article 34 – paragraph 1 – point h
(h) facilitate the crossborder and regional procurement of balancing capacity;
Amendment 1235 #
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) a procedure for consulting, in an efficient and inclusive manner, the transmission system operators of the system operation region in the exercise of its operational duties and tasks, in accordance with Article 37;
Amendment 1238 #
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
(c) a procedure for the adoption of decisions and recommendations in accordance with Article 38 that ensures equitable treatment between members of the regional operational centre ;
Amendment 1248 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Regional operational centres shall develop working arrangements that are efficient, inclusive, and facilitate consensus, 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 1260 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Regional operational centres shall develop a procedure for the adoption of decisions and recommendations, that ensures geographically balanced representation and equitable treatment between members of the Regional operational centre.
Amendment 1307 #
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2 a. The Management board shall ensure that the functioning of the Regional operational centre is inclusive, ensures geographically- balanced representation and equitable treatment in the procedures and decision-making processes between members of Regional operational centre.
Amendment 1311 #
Proposal for a regulation
Article 40 – paragraph 3 – point d
Article 40 – paragraph 3 – point d
(d) developing and endorsing the cooperative and inclusive decision-making processes in accordance with Article 35.
Amendment 1325 #
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, ensuring in particular geographically balanced representation and equitable treatment between members of Regional operational centre.
Amendment 1355 #
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 and on the availability of flexibility. For availability and actual use of small generation and load units, aggregated estimate data may be used.
Amendment 1387 #
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 procedure, taking into account in particular the rules related to the independence of the EU DSO entity from its members, to the prevention of conflicts of interests, and to the necessity to ensure geographically- balanced representation and equitable treatment between its Members, in particular for small or independent Distribution system operators.
Amendment 1414 #
Proposal for a regulation
Article 51 – paragraph 1 – point c
Article 51 – paragraph 1 – point c
(c) development of demand response and energy storage ;
Amendment 1422 #
Proposal for a regulation
Article 51 – paragraph 1 – point d
Article 51 – paragraph 1 – point d
(d) digitalisation of distribution networks including deployment of smart grids and intelligensmart metering systems ;
Amendment 1423 #
Proposal for a regulation
Article 51 – paragraph 1 – point e
Article 51 – paragraph 1 – point e
(e) data managementguarantee non-discriminatory and neutral access to data regardless of the data management model, and promote standardization, cross-border data exchange, in particular with ENTSO for Electricity where relevant to facilitate data exchange, cyber security and data protection;
Amendment 1431 #
Proposal for a regulation
Article 51 – paragraph 1 – point f a (new)
Article 51 – paragraph 1 – point f a (new)
(f a) definition of standardised market products, at least for crossborder bidding zones, in cooperation with all relevant market participants including transmission system operators, demand response providers and other system users;
Amendment 1432 #
Proposal for a regulation
Article 51 – paragraph 2 – point a
Article 51 – paragraph 2 – point a
(a) cooperate effectively with ENTSO for electricity on the monitoring, the Agency and national regulators to facilitate the monitoring by the Agency and where relevant the national regulatory authorities of implementation of the network codes and guidelines which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission and distribution networks and which are adopted pursuant to this Regulation;
Amendment 1490 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The Commission shall, after consulting the Agency, the ENTSO for Electricity and the other relevant stakeholders, establish a priority list every three years, identifying the areas set out in paragraph 1 to be included in the development of network codes. If the subject-matter of the network code is directly related to the operation of the distribution system and less relevant for the transmission system, the Commission may require the EU DSO entity for electricity instead of the ENTSO for Electricity to convene a drafting committee and submit a proposal for a network code to the agency. The EU DSO entity shall ensure that the drafting committee convened has a geographically-balanced representation, including small or independent distribution system operators and is subject to rules related to independence and the prevention of conflict of interests.