25 Amendments of Evžen TOŠENOVSKÝ related to 2011/0300(COD)
Amendment 129 #
Proposal for a regulation
Recital 7
Recital 7
(7) Despite its legal existence as defined in Directives 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas, the internal market in energy remains fragmented due to insufficient interconnections between national energy networks. Union-wide integrated networks, with effectively separated supply and production activities from network operations however are vital for ensuring a competitive and well functioning integrated market for promoting growth, employment and sustainable development.
Amendment 234 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Each Group shall draw up its proposed list of projects of common interest according to the process set out in section 2 of Annex III, accordindicating to the contribution of each project to the implementingation of the energy infrastructure priority corridors and areas set out in Annex I and according to their fulfilment of the criteria set out in Article 4. Each individual proposal for a project shall require the approval of the Member State(s), to the territory of which the project relates. The Group decides by consensus.
Amendment 239 #
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
For electricity and gas projects falling under the categories set out in points 1 and 2 of Annex II, each Group shall, at the latest six months before the adoption date of the Union-wide list referred to in paragraph 1, submit its proposed list of projects of common interest to the Agency for the Cooperation of Energy Regulators (‘Agency’)Commission.
Amendment 241 #
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2
Article 3 – paragraph 4 – subparagraph 2
For oil and carbon dioxide transport projects falling under the categories set out in points 3 and 4 of Annex II, each Group shall, at the latest six months before the adoption date of the Union-wide list referred to in paragraph 1, submit its proposed list of projects of common interest to the Commission.
Amendment 246 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 263 #
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Following the Commission decision for adoption referred to in paragraph 1, projects of common interest shall become an integral part of the relevant regional investment plans pursuant Article 12 of Regulations (EC) No 714/2009 and (EC) No 715/2009 and of the relevant national ten-year network development plans pursuant Article 22 of Directives 72/2009/EC and 73/2009/EC and other national infrastructure plans concerned, as appropriate. The projects shall be conferred the highest possible priority within each of these plans.
Amendment 348 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. When rankingestablishing the list of projects contributing to the implementation of the same priority corridor, due consideration shall also be given by the Group to the urgency of each proposed project in order to meet the energy policy targets of market integration and competition, sustainability and security of supply, the number of Member States affected by each project, and its complementarity with regard to other proposed projects. For projects falling under the category set out in point 1(e) of Annex II, due consideration shall also be given to the number of users affected by the project, the annual energy consumption and the share of generation from non dispatchable resources in the area covered by these users.
Amendment 377 #
Proposal for a regulation
Article 5 – paragraph 6 – introductory part
Article 5 – paragraph 6 – introductory part
6. If the commissioning of a project of common interest is delayed by more than two years compared to the implementation plan without sufficient justification, other than for overriding reasons beyond the control of the project promoter:
Amendment 388 #
Proposal for a regulation
Article 5 – paragraph 6 – point a
Article 5 – paragraph 6 – point a
(a) The project promoter of that project shall accept investments by one or several other operators or investors to implement the project. The system operator, in whose area the investment is located, shall provide the implementing operator(s) or investor(s) with all information needed to realise the investment, shall connect new assets to the transmission network andinsofar as measures referred to in Article 22(7)(a), (b) or (c) of Directives 2009/72/EC and 2009/73/EC are applicable according to perspective national laws, national regulatory authorities shall generally make its best efforts to facilitate the implementation of the investment and the secure, reliable and efficient operation and maintenance of the project of common interessure that the investment is carried out.
Amendment 397 #
Proposal for a regulation
Article 5 – paragraph 6 – point b
Article 5 – paragraph 6 – point b
(b) If the Commission mameasures of national regulatory launch a call for proposals open to any project promoter to build the project according to an agreed timelinethorities according to paragraph (6)(a) are not sufficient to ensure that the investment is carried out, or are not applicable, the project promoter of that project shall choose a third party to finance or construct the project. The project promoter shall do so before the delay compared to the date of commissioning in the implementation plan exceeds two years.
Amendment 399 #
Proposal for a regulation
Article 5 – paragraph 6 – point b a (new)
Article 5 – paragraph 6 – point b a (new)
(ba) if a third party is not chosen according to (b), the national regulatory authority or the Member State shall, within two months, designate a third party to finance or construct the project which the project promoter shall accept.
Amendment 402 #
Proposal for a regulation
Article 5 – paragraph 6 – point b b (new)
Article 5 – paragraph 6 – point b b (new)
(bb) when (c) is applied, the system operator, in whose area the investment is located, shall provide the implementing operator(s) or investor(s) or third party with all information needed to realise the investment, shall connect new assets to the transmission network and shall generally make its best efforts to facilitate the implementation of the investment and the secure reliable and efficient operation and maintenance of the project of common interest.
Amendment 474 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
Amendment 479 #
Proposal for a regulation
Article 11 – paragraph 1 – point a – introductory part
Article 11 – paragraph 1 – point a – introductory part
Amendment 488 #
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) The statutory permit granting procedure, covering the period from the acceptance of the submitted application file until the competent authority takes a comprehensive decision, shall not exceed onthree years. Member States may set an earlier date for the time-limit if considered appropriate.
Amendment 489 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Within one month of the start of the permit granting process, pursuant to paragraph 1(a)The project promoter(s) shall notify the planned project to the competent authority of the Member State(s) concerned in written form and shall include a reasonably detailed outline of the project. Within one month of the notification, the competent authority shall identify, in close cooperation with the other authorities concerned, the scope of material and level of detail of information to be submitted by the project promoter, as part of the application file, to apply for the comprehensive decision. The checklist referred to in point 1(e) of Annex VI shall serve as a basis for this identification. At least one meeting between the competent authority and the project promoter, and, if considered appropriate by the competent authority, other authorities and stakeholders concerned shall take place to this aim. A detailed application outline, which shall include the results of this meeting, shall be transmitted to the project promoter and be made available to the public no later than one month after the meeting.
Amendment 494 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The project promoter shall ensure the completeness and adequate quality of the application file and seek the competent authority's opinion on this as early as possible during the pre-application procedure. The project promoter shall cooperate with the competent authority to meet deadlines and comply with the detailed schedule as defined in paragraph 3.
Amendment 500 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Within ontwelve months of the entry into force of this Regulation, the ENTSO for Electricity and the ENTSO for Gas, after formally consulting the organisations representing all relevant stakeholders, shall submit to the Agency and the Commission their respective methodology, including on network and market modellingies, for a harmonised energy system-wide cost- benefit analysis at Union-wide level foto be applied by ENTSOs through their Union-wide ten year network development plans as well as for project-specific analysis to be applied by project promoters for their projects of common interest falling under the categories set out in points 1(a) to, (b) and (d) and 2 of Annex II. The methodology shall be elaborated in line with the principles laid down in Annex V and be consistent with the rules and indicators set out in Annex IV.
Amendment 530 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
The investment costs related to a project of common interest falling under the categories set out in points 1(a) to (d) and, (b) and (d) of Annex II shall be borne by the transmission system operator(s) of the Member State(s) to which the project provides a net positive impact, and be paid for by network users through tariffs for network access. 1bis. The investment costs related to a project of common interest falling under the categories set out in points 2 of Annex II shall be borne by either the transmission system operator(s), the storage system operator(s) in case of regulated storage facilities or the LNG system operator(s) of the Member State(s) to which the project provides a net positive impact, and be paid for by network users through tariffs for network access.
Amendment 541 #
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 1 – introductory part
Article 13 – paragraph 4 – subparagraph 1 – introductory part
The promoter(s) of a project of common interest falling under the categories set out in points 1(a) to, (b) and (d) and 2 of Annex II shall keep all concerned national regulatory authorities regularly informed of the progress of that project and the identification of costs and impacts associated with it. As soon as a project of common interest selected pursuant to and falling under the categories set out in points 1(a) to (d) and 2 of Annex II has reached sufficient maturity, the project promoter shall submit an investment request including a cross-border cost allocation, to the relevant national regulatory authorities, accompanied by the following:
Amendment 558 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Where a project promoter incurs higher risks for the development, construction, operation or maintenance of a project of common interest falling under the categories set out in points 1 and(a), (b), (d) and (e), as well as 2 of Annex II, except for hydro-pumped electricity storage projects, compared to the risks normally incurred by a comparable infrastructure project, and where such risks are not covered under an exemption pursuant to Article 36 of Directive 2009/73/EC or Article 17 of Regulation (EC) No 714/2009, national regulatory authorities shall ensure that appropriate incentives are granted to that project when applying Article 37(8) of Directive 2009/72/EC, Article 41(8) of Directive 2009/73/EC, Article 14 of Regulation (EC) No 714/2009, and Article 13 of Regulation (EC) No 715/2009.
Amendment 584 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Projects of common interest falling under the categories set out in point 2 of Annex II are eligible for Union financial support in the form of grants for studies and works and financial instruments in accordance with the provisions of [Regulation of the European Parliament and the Council establishing the Connecting Europe Facility], if they are carried out in the parts of gas infrastructure sectors where the provisions on unbundling of Directive 2009/73/EC concerning common rules for the internal market in natural gas are implemented, including in those Member States where derogations are applied in this regard. Projects of common interest falling under the categories set out in points 1, 2 and 4 of Annex II are eligible for Union financial support in the form of grants for studies and financial instruments in accordance with the provisions of [Regulation of the European Parliament and the Council establishing the Connecting Europe Facility].
Amendment 594 #
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. Projects of common interest falling under the categories set out in points 1(a) to, (b) and (d) and 2 of Annex II, except for hydro- pumped electricity storage projects, shall be also eligible for Union financial support in the form of grants for works in accordance with the provisions of [Regulation of the European Parliament and the Council establishing the Connecting Europe Facility], if they are carried out according to the procedure referred to in paragraph 6(b) of or if they fulfil the following criteria:
Amendment 739 #
Proposal for a regulation
Annex III – part 2 – point 3
Annex III – part 2 – point 3
(3) Proposed electricity transmission and storage projects falling under the categories set out in point 1(a) to, (b) and (d) of Annex II shall be part of the latest availablcome an integral part of the relevant regional investment plans pursuant Article 12 of Regulation (EC) No 714/2009 and of the ten-year network development plan for electricity, developed by the ENTSO for Electricity pursuant Article 8 of Regulation (EC) 714/2009.
Amendment 757 #
Proposal for a regulation
Annex IV – point 1 – point b
Annex IV – point 1 – point b
(b) for electricity storage, the project provides storage capacity allowing a net annual electricity generationhas an installed capacity of at least 5100 GiMegawatt-hours; (100 MW)