BETA

91 Amendments of Evžen TOŠENOVSKÝ related to 2016/0379(COD)

Amendment 197 #
Proposal for a regulation
Recital 44
(44) Investments in major new infrastructure should be promoted strongly while ensuring the proper functioning of the internal market in electricity. In order to enhance the positive effect of exempted direct current interconnectors on competition and security of supply, market interest during the project-planning phase should be tested and congestion- management rules should be adopted including explicit total system cost-benefit examination of effect on overall interconnector costs from including energy storage of all plausible scales on one or both interconnector ends. Where direct current interconnectors are located in the territory of more than one Member State, the Agency should handle as a last resort the exemption request in order to take better account of its cross- border implications and to facilitate its administrative handling. Moreover, given the exceptional risk profile of constructing those exempt major infrastructure projects, undertakings with supply and production interests should be able to benefit from a temporary derogation from the full unbundling rules for the projects concerned. Exemptions granted under Regulation (EC) No 1228/200328 continue to apply until the scheduled expiry date as decided in the granted exemption decision. _________________ 28 Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity (OJ L 176, 15.7.2003, p. 1).
2017/09/25
Committee: ITRE
Amendment 217 #
Proposal for a regulation
Article 2 – paragraph 2 – point c
(c) ‘congestion’ means a situation in which all requests from market participants to trade between two bidding zones cannot be accommodated because they would significantly affect the physical flows on network elements which cannot accommodate those flows ;
2017/09/25
Committee: ITRE
Amendment 236 #
Proposal for a regulation
Article 2 – paragraph 2 – point u
(u) 'capacity mechanism' means an administrative market-based measure to ensure the achievement of the desired level of security of supply by remunerating resources for their availability not including measures relating to ancillary services;
2017/09/25
Committee: ITRE
Amendment 248 #
Proposal for a regulation
Article 2 – paragraph 2 – point x a (new)
(xa) (new)‘system cost’ means the cost impact of a power plant on the electricity system as a whole - comprising transmission and distribution maintenance, grid losses, balancing costs, and basic electricity service provision.
2017/09/25
Committee: ITRE
Amendment 249 #
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1 (new)
(new)‘decarbonisation’ means the reduction or removal of carbon dioxide from energy sources with a view to producing half of the EU’s electricity from low-carbon energy sources in 2030 and a completely carbon-free electricity system by 2050.
2017/09/25
Committee: ITRE
Amendment 275 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
(e) market rules shall support the decarbonisation of the economy by enabling the integration of electricity from renewable energy sources and providing incentives forthrough incentives for the development and deployment of capital-intensive, low- carbon generation and energy efficiency;
2017/09/25
Committee: ITRE
Amendment 283 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
(g) barriers to cross-borderzonal electricity flows and cross-borderzonal transactions on electricity markets and related services markets shall be avoided;
2017/09/25
Committee: ITRE
Amendment 288 #
Proposal for a regulation
Article 20 – paragraph 1 – point e
(e) adopt, each year by 31 January the draft programming document referred to in Article 21 before itsand submissiont it to the Commission for its opinion, and shall, following the opin, the European Parliament and the Council. It shall, following the advice of the Commission, and in relation tof the Commissionmultiannual programming after consulting the European Parliament, and after having received approval by the Board of Regulators in accordance with Article 23(5)(c), adopt the programming document of the Agency by a two thirds majority of its members and shall transmit it to the European Parliament, the Council and the Commission by 31 October. The work programme shall be adopted without prejudice to the annual budgetary procedure anding document shall be made public.
2017/09/21
Committee: ITRE
Amendment 321 #
Proposal for a regulation
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. From 1 January 2025, no exemption to balance responsibility shall be allowed.
2017/09/25
Committee: ITRE
Amendment 322 #
Proposal for a regulation
Article 23 – paragraph 1
1. The Board of Regulators and sub- committees pursuant to Article 7 shall act by a simpletwo thirds majority of the members present, with one vote for each member, except for the opinion pursuant to paragraph 5(b) which shall be taken on the basis of a two-thirds majority of its members present.
2017/09/21
Committee: ITRE
Amendment 329 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
(a) demonstration projects;deleted
2017/09/25
Committee: ITRE
Amendment 334 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
(b) generating installations using renewable energy sources or high- efficiency cogeneration with an installed electricity capacity of less than 500 kW;deleted
2017/09/25
Committee: ITRE
Amendment 365 #
Proposal for a regulation
Article 5 – paragraph 1
1. All prequalified 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 as well as increased demand responsiveness and the advent of new technologies.
2017/09/25
Committee: ITRE
Amendment 373 #
Proposal for a regulation
Article 30 – paragraph 1
1. Where justified and in particular to support the regulatory work of the Director and of the Board of Regulators on regulatory issues, the Administrative Board may establish working groupDirector and Board of Regulators may jointly establish working groups. The Board of Regulators shall appoint the working group chairs.
2017/09/21
Committee: ITRE
Amendment 381 #
Proposal for a regulation
Article 5 – paragraph 6
6. The imbalances shall be settled at a price that reflects the real time value of energy calculated according to EB GL.
2017/09/25
Committee: ITRE
Amendment 386 #
Proposal for a regulation
Article 5 – paragraph 7
7. The sizing of reserve capacity shall be performed at regional level in accordance with point 7 of Annex I. Regional operational centres shall support transmission system operators in determining the amount of balancing capacity that needs to be procured in accordance with point 8 of Annex I.deleted
2017/09/25
Committee: ITRE
Amendment 389 #
Proposal for a regulation
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 individually or through aggregation.deleted
2017/09/25
Committee: ITRE
Amendment 400 #
Proposal for a regulation
Article 5 – paragraph 9
9. The procurement of upward balancing capacity and downward balancing capacity shall be carried out separately, except in cases described in Article 32 (3) of Commission Regulation (EU).../...establishing a guideline on electricity balancing (EBGL). The contracting shallould be performed on short- term basis for not longer than one day before the provision of the balancing capacity and the contracting period shall have a maximum period of one day. When cost efficient, the contracting may be partially performed on a longer term basis with a longer contracting period.
2017/09/25
Committee: ITRE
Amendment 411 #
Proposal for a regulation
Article 5 – paragraph 10
10. Transmission system operators shall publish close to real-time information on the current balancing state of their control areas, the imbalance price and theand the estimate of balancing energy price.
2017/09/25
Committee: ITRE
Amendment 414 #
Proposal for a regulation
Article 6 – paragraph 1
1. Transmission system operators and nominated electricity market operators shall jointly organise the management of the integrated day-ahead and intraday markets based on market coupling as set out in Regulation (EU) 2015/1222. Transmission system operators and nominated electricity market operators shall cooperate at Union level or, where more appropriate, on a regional basis in order to maximise the efficiency and effectiveness of Union electricity day- ahead and intraday trading. The obligation to cooperate shall be without prejudice to the application of the provisions of Union competition law. In their functions relating to electricity trading, transmission system operators and nominated electricity market operators shall be subject to regulatory oversight by regulators and the Agency pursuant to Article 59 of [recast of Directive 2009/72/EC as proposed by COM(2016) 864/2] and Articles 4 and 9 of [recast of Regulation (EC) No 713/2009 as proposed by COM(2016) 863/2].
2017/09/25
Committee: ITRE
Amendment 417 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
(c) maximise the opportunities for market participants to participate in cross- borderzonal trade as close as possible to real time across all bidding zones;
2017/09/25
Committee: ITRE
Amendment 422 #
Proposal for a regulation
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 generation as well as increased demand responsiveness and the advent of new technologies.deleted
2017/09/25
Committee: ITRE
Amendment 460 #
Proposal for a regulation
Article 9 – paragraph 1
1. There shall be no maximum 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 timeframes and include balancing energy and imbalance prices.
2017/09/25
Committee: ITRE
Amendment 468 #
Proposal for a regulation
Article 9 – paragraph 2
2. By way of derogation from paragraph 1, until [OP: two years after entry into force]nominated electricity market operators may apply harmonized limits on maximum clearing prices for single day- ahead andcoupling and single intra-day coupling time frames in accordance with Articles 41 and 54 of Regulation (EU) 2015/1222. Such harmonized limits shall be set at the value close to the value of lost load. In the event that limits are, or are anticipated to be, reached, they shall be raised for the following day.
2017/09/25
Committee: ITRE
Amendment 479 #
Proposal for a regulation
Article 10 – paragraph 1
1. By [OP: one year after entry into force] Member States or by the Member state designated authority shall establish a single estimate of the Value of Lost Load (VoLL) for their territory, expressed in €/MWh. 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).
2017/09/25
Committee: ITRE
Amendment 483 #
Proposal for a regulation
Article 11 – paragraph 1
1. Dispatching of power generation facilities and demand response shall be non-discriminatory andtaking into account system costs and be market based unless otherwise provided under paragraphs 2 to 4.
2017/09/25
Committee: ITRE
Amendment 505 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
2. When dispatching electricity generating installations, transmission system operators shallmay give priority to generating installations using renewable energy sources or high-efficiency cogeneration from small generating installations or generating installations using emerging technologies to the following extent:
2017/09/25
Committee: ITRE
Amendment 513 #
Proposal for a regulation
Article 11 – paragraph 2 – point a
(a) generating installations using renewable energy sources or high- efficiency cogeneration with an installed electricity capacity of less than 5100 kW; or
2017/09/25
Committee: ITRE
Amendment 526 #
Proposal for a regulation
Article 11 – paragraph 3
3. Where the total capacity of generating installations subject to priority dispatch under paragraph 2 is higher than 15 % of the total installed generating capacity in a Member State, point (a) of paragraph 2 shall apply only to additional generating installations using renewable energy sources or high-efficiency cogeneration with an installed electricity capacity of less than 250 kW. From 1 January 2026, point (a) of paragraph 2 shall apply only to generating installations using renewable energy sources or high-efficiency cogeneration with an installed electricity capacity of less than 250 kW or, if the threshold under the first sentence of this paragraph has been reached, of less than 125 kW.deleted
2017/09/25
Committee: ITRE
Amendment 577 #
Proposal for a regulation
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 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 or high-efficiency cogeneration shall be subject to compensation pursuant to paragraph 6.
2017/09/25
Committee: ITRE
Amendment 593 #
Proposal for a regulation
Article 12 – paragraph 5 – introductory part
5. Where non-market-based downward redispatching or curtailment is used, the following principles shall apply:it shall be duly and transparently justified. The justification shall be included in the report under paragraph 3.
2017/09/25
Committee: ITRE
Amendment 596 #
(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;deleted
2017/09/25
Committee: ITRE
Amendment 604 #
Proposal for a regulation
Article 12 – paragraph 5 – point b
(b) generating installations using high-efficiency cogeneration 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;deleted
2017/09/25
Committee: ITRE
Amendment 613 #
Proposal for a regulation
Article 12 – paragraph 5 – point c
(c) self-generated electricity from generating installations using renewable energy sources 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;deleted
2017/09/25
Committee: ITRE
Amendment 624 #
Proposal for a regulation
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.deleted
2017/09/25
Committee: ITRE
Amendment 629 #
Proposal for a regulation
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 or demand facility. Financial compensation shall at least be equal to the highest of the following elements:
2017/09/25
Committee: ITRE
Amendment 634 #
Proposal for a regulation
Article 12 – paragraph 6 – point a
(a) additional operating cost caused by the curtailment or redispatching, such as additional fuel costs in case of upward redispatching, or backup heat provision in case of downward redispatching or curtailment of generating installations using high-efficiency cogeneration;deleted
2017/09/25
Committee: ITRE
Amendment 645 #
Proposal for a regulation
Article 12 – paragraph 6 – point b
(b) 90 % 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.
2017/09/25
Committee: ITRE
Amendment 706 #
Proposal for a regulation
Article 14 – paragraph 3
3. The maximum capacity of the interconnections, contracted energy storage capacity and levels, 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 level.
2017/09/25
Committee: ITRE
Amendment 719 #
Proposal for a regulation
Article 14 – paragraph 9
9. Transmission system operators shall, as far as technically possible, net the capacity requirements of any power flows in opposite direction over the congested interconnection line in order to use that line to its maximum capacity. In so doing, available capacity and level from energy storage at interconnection end-points shall be included in the calculation for the netting. Having full regard to network security, transactions that relieve the congestion shall never be denied.
2017/09/25
Committee: ITRE
Amendment 816 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 2
If the revenues cannot be efficiently used for the purposes set out in points (a) or (b) of the first subparagraph, they shall be placed on a separate internal account line for future use on these purposes.
2017/09/25
Committee: ITRE
Amendment 822 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1
The use of revenues in accordance with points (a) and (b) of paragraph 2 shall be subject to a methodology proposed by the Agency and approved by the Commission. The Agency's proposal shall be submitted to the Commission by [OP: 12 months after entry into force] and be approved within six months.deleted
2017/09/25
Committee: ITRE
Amendment 823 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 2
The Agency may, at its own initiative or upon a request from the Commission update the methodology and the Commission shall approve the updated methodology not later than six months from its submission.deleted
2017/09/25
Committee: ITRE
Amendment 824 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 3
Before submission to the Commission, the Agency shall consult on the methodology pursuant to Article 15 [recast of Regulation (EC) No 713/2009 as proposed by COM(2016) 863/2].deleted
2017/09/25
Committee: ITRE
Amendment 825 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 4
The methodology shall detail as a minimum the conditions under which the revenues can be used for points (a) and (b) of paragraph 2 and the conditions under which, and for how long, they may be placed on a separate internal account line for future use on those purposes.deleted
2017/09/25
Committee: ITRE
Amendment 828 #
Proposal for a regulation
Article 17 – paragraph 4
4. Transmission system operators shall clearly establish beforehand how any congestion income will be used, and report on the actual use of that income. On an annual basis, and by 31 July each year, the national regulatory authorities shall publish a report setting out the amount of revenue collected for the 12-month period ending on 30 June1 December of the same year and how that revenue was used, including the specific projects the income has been used for or the amount placed on a separate account line, together with verification that that use complies with this Regulation and the methodology developed pursuant to paragraph 3.
2017/09/25
Committee: ITRE
Amendment 836 #
Proposal for a regulation
Article 18 – paragraph 1
1. Member States shall monitor resource adequacy within their territory based on the European resource adequacy assessment pursuant to Article 19national resource adequacy assessment, which shall consider the European resource adequacy assessment pursuant to Article 19. The methodology for a national resource adequacy assessment shall be determined by a Member State and shall take into account the methodology referred to in Article 19(4).
2017/09/25
Committee: ITRE
Amendment 890 #
Proposal for a regulation
Article 19 – paragraph 1
1. The European resource adequacy assessment shall cover the overall adequacy of the electricity system to supply current and projected demands for electricity with respect to the availability of primary resources for a ten-year period from the date of that assessment, in a yearly resolution.
2017/09/25
Committee: ITRE
Amendment 893 #
Proposal for a regulation
Article 19 – paragraph 3
3. Transmission system operators shall provide the ENTSO for Electricity with the data it needs to carry out, every year, the European resource adequacy assessment. The ENTSO for Electricity shall carry out the assessment every year. Market participants shall, based on their possibilities and data availability, provide transmission system operators with data regarding expected future utilisation of generation sources.
2017/09/25
Committee: ITRE
Amendment 912 #
Proposal for a regulation
Article 19 – paragraph 4 – point i a (new)
(ia) Respecting real network development.
2017/09/25
Committee: ITRE
Amendment 944 #
Proposal for a regulation
Article 20 – paragraph 2
2. The reliability standard shall be set by the national regulatory authority Member state or by the Member state designated authority based on the methodology pursuant to Article 19 (5).
2017/09/25
Committee: ITRE
Amendment 959 #
Proposal for a regulation
Article 21 – paragraph 1
1. Mechanisms other than strategic reserves shall be open to direct participation of capacity providers located in another Member State provided there is a network connection between that Member State and the bidding zone applying the mechanism.
2017/09/25
Committee: ITRE
Amendment 997 #
Proposal for a regulation
Article 21 – paragraph 6
6. Regional operational centres established pursuant to Article 32levant transmission system operator shall annually calculate the maximum entry capacity available for the participation of foreign capacity taking into account the expected availability of interconnection and the likely concurrence of system stress between the system where the mechanism is applied and the system in which the foreign capacity is located. A calculation is required for each bidding zone border.
2017/09/25
Committee: ITRE
Amendment 1022 #
Proposal for a regulation
Article 23 – paragraph 1 – point 1 (new)
(1) When designing capacity mechanisms, Member States shall include an exit clause, a provision allowing for efficient phase-out of a capacity mechanism in case the resource adequacy assessment proves that the adequacy concern is not present anymore.
2017/09/25
Committee: ITRE
Amendment 1040 #
Proposal for a regulation
Article 23 – paragraph 3
3. Capacity mechanisms shall be designed in a way which does 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.
2017/09/25
Committee: ITRE
Amendment 1042 #
Proposal for a regulation
Article 23 – paragraph 3
3. Capacity mechanisms shall be designed in a way which does 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.
2017/09/25
Committee: ITRE
Amendment 1054 #
Proposal for a regulation
Article 23 – paragraph 4
4. Generation capacity for which a final investment decision has been made after [OP: entry into force] shall only be eligible to participate in a capacity mechanism if its emissions are below 550 gr CO2/kWh. Generation capacity emitting 550 gr CO2/kWh or more shall not be committed in capacity mechanisms 5 years after the entry into force of this Regulation.deleted
2017/09/25
Committee: ITRE
Amendment 1100 #
Proposal for a regulation
Article 23 – paragraph 5 a (new)
5a. When designing capacity mechanism, Member States shall include an exit clause, a provision allowing for efficient phase-out of a capacity mechanism in case the resource adequacy assessment proves that the adequacy concern is not present anymore.
2017/09/25
Committee: ITRE
Amendment 1111 #
Proposal for a regulation
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, 21 and 23 of this Regulation within two years after entry into force of this Regulation.
2017/09/25
Committee: ITRE
Amendment 1141 #
Proposal for a regulation
Article 31
Regional cooperation of transmission 1. Transmission system operators shall establish regional cooperation within the ENTSO for Electricity to contribute to the activities referred to in Article 27(1), (2) and (3). In particular, they shall publish a regional investment plan every two years, and may take investment decisions based on that regional investment plan. The ENTSO for Electricity shall promote cooperation between transmission system operators at regional level ensuring interoperability, communication and monitoring of regional performance in those areas which are not yet harmonised at Union level. 2. Transmission system operators shall promote operational arrangements in order to ensure the optimum management of the network and shall promote the development of energy exchanges, the coordinated allocation of cross-border capacity through non-discriminatory market-based solutions, paying due attention to the specific merits of implicit auctions for short-term allocations, and the integration of balancing and reserve power mechanisms. 3. 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.Article 31 deleted system operators
2017/09/25
Committee: ITRE
Amendment 1143 #
Proposal for a regulation
Article 31 – paragraph 1
1. Transmission system operators shall establish regional cooperation within the ENTSO for Electricity to contribute to the activities referred to in Article 27(1), (2) and (3). In particular, they shall publish a regional investment plan every two years, and may take investment decisions based on that regional investment plan. The ENTSO for Electricity shall promote cooperation between transmission system operators at regional level ensuring interoperability, communication and monitoring of regional performance in those areas which are not yet harmonised at Union level.
2017/09/25
Committee: ITRE
Amendment 1145 #
Proposal for a regulation
Article 31 – paragraph 3
3. 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.
2017/09/25
Committee: ITRE
Amendment 1148 #
Proposal for a regulation
Article 32
1. By [OP: twelve months after entry into force], all transmission system operators shall establish regional operational centres in accordance with the criteria set out in this chapter. Regional operational centres shall be established in the territory of one of the Member States of the region where it will operate. 2. Regional operational centres shall be organised in a legal form as referred to in Article 1 of Directive 2009/101/EC of the European Parliament and of the Council.36 3. 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. _________________ 36 Directive 2009/101/EC of the European Parliament and of the Council of 16 September 2009 on coordination of safeguards which, for the protection of the interests of members and third parties, are required by Member States of companies within the meaning of the second paragraph of Article 48 of the Treaty, with a view to making such safeguards equivalent (OJ L 258, 1.10.2009, p. 11).Article 32 deleted Establishment and mission of regional operational centres
2017/09/25
Committee: ITRE
Amendment 1168 #
Proposal for a regulation
Article 33
Geographical scope of regional 1. By [OP: six months after entry into force of this Regulation] the ENTSO for Electricity shall submit to the Agency a proposal defining system operation regions covered by regional operational centres, taking into account existing regional security coordinators, on the basis of the following criteria: (a) The grid topology, including the degree of interconnection and of interdependency of the power systems in terms of flows; (b) the synchronous connection of the systems; (c) the size of the region, which shall cover at least one capacity calculation region; (d) the geographical optimization of balancing reserves. 2. Within three months of receipt, the Agency shall either approve the proposal defining the system operation regions or propose amendments. In the latter case, the Agency shall consult the ENTSO for Electricity before adopting the amendments. The adopted proposal shall be published on the Agency's website.Article 33 deleted operational centres
2017/09/25
Committee: ITRE
Amendment 1182 #
Proposal for a regulation
Article 34
[...]deleted
2017/09/25
Committee: ITRE
Amendment 1229 #
Proposal for a regulation
Article 35
Cooperation within regional operational 1. The day-to-day operation of regional operational centres shall be managed through cooperative decision-making. The cooperative-decision making process shall be based on: (a) working arrangements to address planning and operational aspects related to the functions, in accordance with Article 36; (b) a procedure for consulting the transmission system operators of the system operation region in the exercise of its operational duties and tasks, in accordance with Article 37; (c) a procedure for the adoption of decisions and recommendations in accordance with Article 38; (d) a procedure for the revision of decisions and recommendations adopted by regional operational centres in accordance with Article 39.Article 35 deleted centres
2017/09/25
Committee: ITRE
Amendment 1246 #
Proposal for a regulation
Article 36
1. 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. 2. Regional operational centres shall ensure that the working arrangements contain rules for the notification of parties concerned.Article 36 deleted Working arrangements
2017/09/25
Committee: ITRE
Amendment 1252 #
Proposal for a regulation
Article 37
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.Article 37 deleted Consultation procedure
2017/09/25
Committee: ITRE
Amendment 1257 #
Proposal for a regulation
Article 38
1. Regional operational centres shall develop a procedure for the adoption of decisions and recommendations. 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 affected. 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). 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) of Article 34(1).Article 38 deleted Adoption of decisions and recommendations
2017/09/25
Committee: ITRE
Amendment 1285 #
Proposal for a regulation
Article 39
1. Regional operational centres shall develop a procedure for the revision of decisions and recommendations. 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. 3. Where 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 affected. 4. Where the measure subject to revision is a recommendation in accordance with Article 38(3) and following its revision a transmission system operator decides to deviate from the recommendation, the transmission system operator shall submit a detailed justification to the regional operational centre and to the other transmission system operators of the system operation region.Article 39 deleted Revision of decisions and recommendations
2017/09/25
Committee: ITRE
Amendment 1301 #
Proposal for a regulation
Article 40
1. In order to adopt measures related to their governance and to monitor their performance, the regional operational centres shall establish a management board. 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. 3. The management board shall be responsible for: (a) drafting and endorsing the statutes and rules of procedure of the regional operational centre; (b) deciding upon and implementing the organisational structure; (c) preparing and endorsing the annual budget; (d) developing and endorsing the cooperative decision-making processes in accordance with Article 35. 4. The competences of the management board shall exclude those that are related to the day-to-day activities of regional operational centres and the performance of its functions.Article 40 deleted Management board of regional operational centres
2017/09/25
Committee: ITRE
Amendment 1314 #
Proposal for a regulation
Article 41
1. Regional operational centres shall set up and manage their organisation according to a structure that supports the safety of their functions. Their organisational structure shall specify: (a) the authority, duties and responsibilities of the management personnel; (b) the relationship and reporting lines between different parts and processes of the organisation. 2. Regional operational centres may set up regional desks to address local specificities or back-up operational centres for the efficient and reliable exercise of their functions.Article 41 deleted Organisational structure
2017/09/25
Committee: ITRE
Amendment 1322 #
Proposal for a regulation
Article 42
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.Article 42 deleted Equipment and staff
2017/09/25
Committee: ITRE
Amendment 1330 #
Proposal for a regulation
Article 43
1. Regional operational centres shall establish a process for the continuous monitoring of at least: (a) their operational performance; (b) the decisions and recommendations issued and the outcome achieved; (c) the effectiveness and efficiency of each of the functions for which they are responsible. 2. Regional operational centres shall submit to the Agency and to the regulatory authorities of the system operation region the data resulting from their continuous monitoring at least annually. 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. 4. Regional operational centres shall submit an annual report concerning their performance to ENTSO for Electricity, the Agency, the regulatory authorities of the system operation region and the Electricity Coordination Group established pursuant to Article 1 of Commission Decision 2012/C 353/0237 . 5. Regional operational centres shall report 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. _________________ 37 Commission Decision of 15 November 2012 setting up the Electricity Coordination Group (OJ C 353, 17.11.2012, p.2).Article 43 deleted Monitoring and reporting
2017/09/25
Committee: ITRE
Amendment 1344 #
Proposal for a regulation
Article 44
Regional operational centres shall take the necessary steps to cover liability related to the execution of their tasks, in particular, where they adopt decisions binding on transmission system operators. The method employed to provide the cover shall take into account the legal status of the regional operational centre and the level of commercial insurance cover available.Article 44 deleted Liability
2017/09/25
Committee: ITRE
Amendment 1452 #
Proposal for a regulation
Article 54 – paragraph 1
1. The Commission may, subject to the empowerments in Articles 55 and 57, adopt delegated acts. Such delegatedimplementing acts. Such implementing acts can either be adopted as network codes on the basis of text proposals developed by the ENTSO for Electricity, or, where so decided in the priority list pursuant to Article 55 paragraph 2, by the EU DSO entity and the Agency pursuant to the procedure in Article 55 or as guidelines pursuant to the procedure in Article 57.
2017/09/25
Committee: ITRE
Amendment 1462 #
Proposal for a regulation
Article 55 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegatedimplementing acts in accordance with Article 63 concerning the establishment of network codes in the following areas:
2017/09/25
Committee: ITRE
Amendment 1465 #
Proposal for a regulation
Article 55 – paragraph 1 – point g
(g) capacity-allocation and congestion- management rules including curtailment of generation and redispatch of generation and demand ;
2017/09/25
Committee: ITRE
Amendment 1475 #
Proposal for a regulation
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;
2017/09/25
Committee: ITRE
Amendment 1478 #
Proposal for a regulation
Article 55 – paragraph 1 – point n
(n) demand response, including aggregation, energy storage, and demand curtailment rules;deleted
2017/09/25
Committee: ITRE
Amendment 1523 #
Proposal for a regulation
Article 56 – paragraph 1
1. The Commission is empowered to adopt delegatedimplementing acts in accordance with Article 63 concerning the amendment of network codes following the procedure under Article 55. Amendments can also be proposed by the Agency under the procedure set out in paragraphs 2 to 4 of this Article.
2017/09/25
Committee: ITRE
Amendment 1531 #
Proposal for a regulation
Article 57 – paragraph 2
2. The Commission may adopt a delegatedimplementing act as a Guideline in the areas where such acts could also be developed under the network code procedure pursuant to Article 55 (1).
2017/09/25
Committee: ITRE
Amendment 1535 #
Proposal for a regulation
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 and the provision of appropriate and efficient locational signals, in accordance with the principles set out in Article 16.
2017/09/25
Committee: ITRE
Amendment 1536 #
Proposal for a regulation
Article 57 – paragraph 5 – point b
(b) details of investment incentive rules for interconnector capacity including energy storage capacity, including locational signals;
2017/09/25
Committee: ITRE
Amendment 1542 #
Proposal for a regulation
Article 59 – paragraph 1 – point a
(a) the investment must enhance competition in electricity supply and, for projects commissioned after 1 Jan 2019, must specifically have included energy storage at one or both interconnector ends in case energy storage provides a lower cost alternative to interconnection capacity investments;
2017/09/25
Committee: ITRE
Amendment 1543 #
Proposal for a regulation
Article 59 – paragraph 4 – subparagraph 1
The decision on the exemption under paragraphs 1, 2 and 3 shall be taken on a case-by-case basis by the regulatory authorities of the Member States concerned. An exemption may cover all or part of the capacity or contracted energy storage capacity of the new interconnector, or of the existing interconnector with significantly increased capacity.
2017/09/25
Committee: ITRE
Amendment 1544 #
Proposal for a regulation
Article 59 – paragraph 4 – subparagraph 3
In deciding to grant an exemption, consideration shall be given, on a case-by- case basis, to the need to impose conditions regarding the duration of the exemption and non-discriminatory access to the interconnector. When deciding those conditions, account shall, in particular, be taken of additional capacity or contracted energy storage capacity to be built or the modification of existing capacity, the time- frame of the project and national circumstances.
2017/09/25
Committee: ITRE
Amendment 1548 #
Proposal for a regulation
Article 63 – paragraph 1
1. The power to adopt delegatedimplementing acts is conferred on the Commission subject to the conditions laid down in this Article.
2017/09/25
Committee: ITRE
Amendment 1552 #
Proposal for a regulation
Article 63 – paragraph 2
2. The power to adopt delegatedimplementing acts referred to in Article 31(3), Article 46(4), Article 55(1), Article 56(1) and (4), and Article 59(11) shall be conferred on the Commission for an undetermined period of time from the [OP: please insert the date of entry into force].
2017/09/25
Committee: ITRE
Amendment 1556 #
Proposal for a regulation
Article 63 – paragraph 4
4. Before adopting a delegatedimplementing act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.
2017/09/25
Committee: ITRE
Amendment 1559 #
Proposal for a regulation
Article 63 – paragraph 5
5. As soon as it adopts a delegatedimplementing act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
2017/09/25
Committee: ITRE