Activities of Bogdan Kazimierz MARCINKIEWICZ related to 2009/0108(COD)
Plenary speeches (1)
Security of gas supply (debate)
Amendments (55)
Amendment 52 #
Proposal for a regulation
Recital 8
Recital 8
(8) The failure of the largest single gas infrastructure or gas supply source, the so- called N-1 principle, ismay well be a realistic scenario. Using tThe failure of such infrastructure or supply source as a benchmark of what Member States should be able to compensate is a valid starting point for ensuring theiris one of the scenario analyses that may help in evaluating a Member State’s security of gas supply.
Amendment 55 #
Proposal for a regulation
Recital 9
Recital 9
(9) Sufficient gas infrastructure within a Member State and across the CommunityUnion is essential for tackling supply interruptions. CommonRisk and impact assessments based on a common methodology should ensure effective and efficient implementation of minimum criteria on security of gas supply should ensureand a level playing field for security of gas supply while taking into account national or regional specificities and should create significant incentives to build the necessary infrastructure and to improve the level of preparedness in case of crisis. Demand side measures such as fuel switching may have a valuable role to play in ensuring energy security where they can be applied quickly and reduce gas demand appreciably to react to a supply disruption. It should be noted, however, that switching to fossil fuel would result in higher greenhouse gas emissions. The efficient use of energy as a demand-side measure should be further promoted. The environmental impact of the proposed demand and supply-side measures should be taken into due account and preference should be given to measures with the least impact on the environment. Any investment in the infrastructure should be made with due respect to the environment and the related acquis communautaire.
Amendment 62 #
Proposal for a regulation
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6a. When the Commission considers that in the case of a Community Emergency, the actions taken by the Competent Authorities or natural gas undertakings are insufficient, the Commission is entitled to act directly implementing the measures listed in Annexes II and III in order to restore the gas supply to the affected markets.
Amendment 69 #
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation should enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with disruptions. It should also provide for emergency mechanisms to be used when markets alone are no longer able to deal adequately with a gas supply disruption. Even in an Emergency, market based instruments should be given priority to mitigate the effects of the supply disruption.
Amendment 71 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) EU investment in indigenous production and infrastructure should be backed by efforts of the Member States and the Commission to promote within the EU neighbourhood, in cooperation with third countries, the extension of the principles and norms of the internal market as stipulated in the Energy Charter Treaty. The Commission should consider extending the European Energy Community, comprising the EU and the countries of South-Eastern Europe, to other third countries, as appropriate, and creating new regional energy markets modelled thereon, such as a Euro- Mediterranean energy community, to ensure security of supply.
Amendment 75 #
Proposal for a regulation
Recital 14
Recital 14
(14) The completion of the internal gas market and effective competition within that market offers the CommunityUnion the highest level of security of supply for all Member States, provided that the market is allowed to work fully in case of disruption of supply affecting a part of the CommunityUnion, whatever the cause of the disruption. To this end, a comprehensive and effective common approach to security of supply is required, particularly through transparent and non-discriminatory policies compatible with the requirements of thefunctioning of the internal market, avoiding market distortions and the undermining of market responses to disruptions.
Amendment 76 #
Proposal for a regulation
Recital 15
Recital 15
(15) The precise definition of the roles and responsibilities of all natural gas undertakings and Competent Authorities is therefore crucial in maintto avoid conflicting competences and to maintaing the well- functioning of the internal market, particularly in supply disruptions and crisis situations.
Amendment 85 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure the highest level of preparedness in case of supply disruption, Emergency Plans should be established by all natural gas undertakings together with the Competent Authoritiethe Competent Authorities, after consultation of the natural gas undertakings. Such plans should be mutually consistent. Their content should follow best practices among existing plans and should define clear roles and responsibilities for all concerned natural gas undertakings and Competent Authorities. Joint emergency plans at regional level, should be established where possible and necessary.
Amendment 99 #
Proposal for a regulation
Recital 30
Recital 30
(30) Since gas supplies from third countries are central to the security of gas supply of the Community, tUnion, the Commission should include an "energy security clause” in trade, association, and partnership and cooperation agreements with producer and transit countries. The Commission should coordinate the actions with regard to third countries, working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the CommunityUnion. The Commission should be entitled to deploy a task force to monitor gas flows in crisis situations within and, in consultation with the third countries involved, outside the CommunityUnion and, where a crisis arises due to difficulties in a third country, to assume a mediation and facilitation role through the Vice-President of the Commission/High Representative.
Amendment 109 #
Proposal for a regulation
Article 1
Article 1
This Regulation establishes measures aimed at safeguarding the security of gas supply so as toby ensureing the proper and continuous functioning of the internal market for gas and establishing exceptional measures to be implemented when the market can no longer deliver the required gas supplies by providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of the Member States and the CommunityUnion regarding both preventive action and the reaction to concrete disruptions of supply or serious and reliable threats of such disruptions in the spirit of solidarity between the Member States.
Amendment 136 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Each Member State shall designate aon transparent terms an independent Competent Authority responsible for the implementation of the security of gas supply measures provided inin line with the provisions of this Regulation. The measures shall include the biennial risk assessmentnd impact assessment including geopolitical risks, the establishment of the Preventive Action Plans, the establishment of the Emergency Plan, and the continuous monitoring of security of gas supply at national level. Competent Authorities shall cooperate with each other to prevent a supply disruption and to limit damages in case it occurs.
Amendment 145 #
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. The Commission shall implement the measures provided for in this Regulation. The measures shall include the biennial risk assessment, the continuous monitoring of security of gas supply as well as the establishment of Preventive and Emergency Action Plans at Union level.
Amendment 149 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The measures to ensure the security of supply shall be based on the risk and impact assessment carried out according to Article 8, clearly defined, transparent, proportionate, non-discriminatory, verifiable, and shall not unduly distort competition and the effective functioning of the internal market.
Amendment 158 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. By [31 March0 September 2011; 128 months from entry into force] at the latest, on the basis of the risk and impact assessment carried out according to Article 8, the Competent Authority, after consultation of the natural gas undertakings, of the relevant organisations representing the interests of household and industrial customers and of the regulatory authority, where it is not the Competent Authority, shall establish:
Amendment 174 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Before adopting those Plans the Competent Authorities shall exchange information and consult each other and, the Commission and the Gas Coordination Group to ensure that their Plans and measures are mutually consistent at the appropriate regional level. These consultations shall cover, as a minimum, interconnections, cross-border supplies, storage across borders and the physical capacity to transport gas in both directions.
Amendment 192 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Competent Authority shall publish a non confidential version of its Plans, including amended versions according to paragraph 6, and notify them to the Commission and the Gas Coordination Group without delay.
Amendment 197 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Within six months after the notification of the Plans by the Competent Authorities, the Commission shall assess the Plans of all Member States. The Commission shall consult ENTSO-G, ACER, the Gas Coordination Group and other concerned stakeholders on those plans. Where the Commission, after duly taking into account the opinion of the Gas Coordination Group, considers that a Plan is not effective to mitigate the risks as identified in the risk and impact assessment or inconsistent with the risk scenarios or with the Union Plan or the Plans of other Member States, or that it does not comply with the provisions of this Regulation or other provisions of CommunityUnion law, it shall require the revision of the Plan. Within 2 months from notification of the Commission's request, the Competent Authority concerned shall amend its Plan and notify the amended Plan to the Commission and the Gas Coordination Group or shall set out to the Commission why it does not agree with the request. In that case, the Commission may amend or withdraw its request. If within 2 months, after consultation of the Gas Coordination Group, the Commission decides not to amend or withdraw its request, the Competent Authority shall comply with the Commission's request within 3 months after notification of the Commission's decision.
Amendment 209 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The Preventive Action Plan, at national, regional and Union level, shall contain: (a) the measures to fulfil the infrastructure and supply standards, as laid down in Articles 6 and 7; these measures shall include at least information on the planning to meet the N- 1 standard, volumesvolumes and capacities that according to the risk and caimpacitiest assessment are needed to supply the protected customers in the defined high demand periods, the demand side measures and obligations imposed on natural gas undertakings and other relevant bodies; (b) the riskesults of the risk and impact assessment as laid down in Article 8; (c) the preventive measures to address the risks identified; (d) information on the relevant Public Service Obligations.
Amendment 215 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Preventive Action Plan, in particular the actions to meet the infrastructure standard as laid down in Article 6, shall be based on and shall be consistent with the ten year network development plan to be elaborated by the ENTSO-G .
Amendment 219 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Preventive Action Plan shall take into account economic effectiveness, effects on the functioning of the internal energy market and environmental impact, environmental impact and all relevant international developments, particularly in major supply and transit countries.
Amendment 220 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Preventive Action Plan shall take into account economic effectiveness, effects on the functioning of the internal energy market and environmental impact. It shall not place unreasonable and disproportionate burdens on market participants.
Amendment 236 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Following the recommendation of the Commission referred to in Article 4(3) or in the situation referred to in Article 4(4), the obligcalculation set out in paragraph 1 may be fulfilledcarried out at the regional level. The N-1 standard shall also be considered to be fulfilled whereIn its calculation of the N-1 indicator, the Competent Authority shall be allowed to demonstrates in the Preventive Action Plan referred to in Article 5 that a supply disruption may be sufficiently and timely compensated for by specific measures, including demand side measures.
Amendment 241 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The methodology for calculating the N-1 standardindicator as provided in Annex I shall be used. It should take into consideration the network configuration and actual gas flows as well as the presence of production and storage capacities. The calculated area as referred to in Annex IThe calculated area as referred to in Annex I shall be defined by the Competent Authority after consultation with the relevant natural gas undertakings and shall be extended to the appropriate regional level, where necessary.
Amendment 247 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Each Competent Authority shall report to the Commission without delay any non- compliance with the N-1 standard, after consultation of the relevant natural gas undertakings, report to the Commission the results of its calculation of the N-1 indicator in accordance with Article 13.
Amendment 292 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
a) extremely cold average temperatures during a seven days peak period statistically occurring once every twenty years; and
Amendment 293 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
a) supplies in case of extremely cold average temperatures during a seven days peak period statistically occurring once every twenty years; and
Amendment 294 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
b) any period of sixthirty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years.
Amendment 295 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
b) supplies in case of any period of sixthirty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years.
Amendment 296 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Competent Authority shallIn the event of an Emergency as defined in Article 9(2), the Competent Authority shall also, working with natural gas undertakings, take the measures to ensurprioritise the gas supply to the protected customers for the period of sixthirty days also in the event of an Emergency as defined in Article 9(2). The Competent Authority shall endeavour to maintain the supply for the protected customers. Supply to the protected customers shall be maintained as long as necessary.
Amendment 303 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Competent Authorityies shall be allow the natural gas undertakings to meet these criteriaed to calculate these indicators on a regional or CommunityUnion level and they shall not be required tho calculate these standards are met based on infrastructure locatedindicators only within itstheir territory.
Amendment 316 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [30 SeptemberMarch 20101; 612 months after entry into force] the Commission and each Competent Authority shall fully assess the risks affecting the security of gas supply in itsthe EU and in the Member State respectively by: a) using the standardsindicator specified in Articles 6 and 7; b) taking into account all relevant national and regional circumstances; c) running various scenarios of exceptionally high demand and supply disruption, such as failure of main transmission infrastructures, storages, LNG terminals, and disruption of supplies from third country suppliers; d) identifying the interaction and correlation of risks with other Member States.
Amendment 330 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The natural gas undertakings, the relevant organisations representing the interests of household and industrial customers and the regulatory authority, where it is not the Competent Authority, shall cooperate and provide all necessary information for the risk assessment. nd impact assessment including geopolitical risks.
Amendment 340 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The risk and impact assessment shall be repeated every two years before 30 September of that year.
Amendment 344 #
Proposal for a regulation
Article 9 – paragraph 1 – point 2
Article 9 – paragraph 1 – point 2
(2) Define the role and responsibilities of the natural gas undertakings and of the industrial customerall market participants, and their interaction with the Competent Authority and where appropriate with the regulatory authority;
Amendment 349 #
Proposal for a regulation
Article 9 – paragraph 1 – points 6-10
Article 9 – paragraph 1 – points 6-10
(6) Identify the contribution of the market based measures listed in Annex II for coping with the situation in the Alert level and mitigating the situation in the Emergency level; (7) Identify the contribution, to the greatest extent and for the longest time possible, the situation in the Emergency level; (7) Identify, on the basis of a transparent cost-benefit analysis, the contribution to and relative merit of the non- market based measures planned or to be implemented for the Emergency level listed in Annex III and assess the degree to which the use of non-market based measures is necessary to cope with the crisis, assess their effects and define the procedures to implement them; (8) Describe the mechanisms used, non-market based measures only being used to ensure security of supply as a last resort; (8) Describe the mechanisms used and the roles of markets participants in relation to cooperateion with other Member States for each crisis level; (8a) Describe the mechanisms used to activate the mediation with the third countries concerned; (9) Detail the reporting obligations imposed on the natural gas undertakings in the Alert and Emergency level; (10) AEstablish a list of predefined actions to make gas available in the case of an Emergency, including the compensation mechanisms and commercial agreements between the parties involved in such actions. Such actions may involve cross-border agreements between Member States and/or natural gas undertakings, defined in close cooperation with the market participants, to make gas available in the case of an Emergency.
Amendment 350 #
Proposal for a regulation
Article 9 – paragraph 1 – point 8 a (new)
Article 9 – paragraph 1 – point 8 a (new)
(8a) Describe the mechanisms used to activate the mediation with the third countries concerned;
Amendment 355 #
Proposal for a regulation
Article 9 – paragraph 2 – point 3
Article 9 – paragraph 2 – point 3
(3) Emergency level (Emergency): when an exceptionally high demand occurs or when there is a disruption of the supply through or from the largest infrastructure or source andor there is a credible risk that the supply standard to the protected customers can no longer be met with market based instruments alone.
Amendment 368 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Where the Commission is notified by the Competent Authority that an early warning level has been declared in a Member State for geopolitical reasons, or where a threat of disruption of gas supplies due to geopolitical reasons is signalled, possibly by the Early Warning Mechanism, the Union, represented by the Vice-President of the Commission and High Representative of the Union for Foreign Affairs and Security Policy (Vice- President/High Representative), shall take appropriate diplomatic actions. Actions taken by the Vice-President/High Representative must not affect the functioning of the internal market.
Amendment 373 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The Commission shall verify within one weekthree days whether the declaration of an Emergency is justified and whether it does not impose an undue burden on the natural gas undertakings and on the functioning of the internal market. The Commission may seek the advice of the Gas Coordination Group in this matter. The Commission may, in particular, ask the Competent Authority to modify measures imposing an undue burden on natural gas undertakings and to lift its declaration of Emergency if the Commission considers it not or no longer justified.
Amendment 379 #
Proposal for a regulation
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6a. Measures imposed in case of Emergency, including at the regional and Union level, shall ensure fair and equitable compensation in favour of the natural gas undertakings affected by the measures.
Amendment 397 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission mayshall declare a CommunityUnion Emergency at the request of one Competent Authority or when the CommunityUnion loses more than 10% of its daily gas import from third countries as calculated by ENTSO-G. It shall declare a CommunityUnion Emergency where more than one Competent Authority has declared Emergency following the verification in accordance with Article 9(6). It mayshall declare a CommunityUnion Emergency for specifically affected geographical regions comprising more than one Member State.
Amendment 398 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Commission shall convene the Gas Coordination Group as soon as it declares Community Emergency. : - there is a reliable sign of a threat of disruption of the gas supply, possibly triggered by the Early Warning Mechanism; - Early Warning, Alert or Emergency crisis levels are declared in a Member State; or - a Union Emergency is declared.
Amendment 413 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
4. When the Commission considers that in a CommunityUnion Emergency, an action taken by a Competent Authority or natural gas undertakings is inappropriate to deal with the Emergency, or that it seriously endangers the situation in another Member State, the Commission shall require the Competent Authority or natural gas undertaking to change its action. The Commission’s request shall specify the measures to be taken by the Competent Authority or natural gas undertaking aiming at restoring the functioning of the internal gas market.
Amendment 422 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Competent Authority or natural gas undertakingMember States and the Competent Authorities shall not introduce any measure unduly restricting the flow of gas within the internal market at any timecontracted volumes of gas across borders, subject to their legal duties in relation to health and safety and environmental matters.
Amendment 423 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. In a CommunityUnion Emergency, the Member States shall ensure that cross- border access to the storage facilities based on existing commercial agreements is maintained and shall not introduce any legal provisions which unduly restrict the flows of contracted volumes of gas to the affected markets.
Amendment 424 #
Proposal for a regulation
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6a. Where the Commission considers that, in the case of a Union Emergency, the actions taken by the Competent Authorities or natural gas undertakings are insufficient, the Commission is entitled to act directly implementing the measures listed in Annex II and Annex III in order to restore the gas supply to the affected markets. The Commission, after the consulting the Competent Authorities, shall establish the Union compensation mechanisms based on predefined market referring pattern, including appropriate premium for natural gas undertakings that made their natural gas resources available to tackle the Union Emergency.
Amendment 428 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. The Commission, after duly taking into account the opinion of the Gas Coordination Group, shall establish a permanent reserve list for a monitoring task force consisting of industry experts and representatives of the Commission. This monitoring task force may be deployed when necessary and shall monitor and report on the gas flows within and outside the CommunityUnion, in cooperation with the supplyproducing and transiting countries.
Amendment 438 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. TIn accordance with the provisions of this Regulation, the Gas Coordination Group shall assistclosely cooperate with the Commission in particular on issues related to:
Amendment 443 #
Proposal for a regulation
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
(d) the level of security of supply, benchmarks and risk and impact assessment methodologies;
Amendment 449 #
Proposal for a regulation
Article 11 – paragraph 2 – point g
Article 11 – paragraph 2 – point g
(g) review and implementation of the Plans;
Amendment 458 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) hourly flow of gas at all cross-border entry and exit points as well as all points connecting a production facility to the network, storage, LNG in mcm/dthe transmission network to a production facility, storage facility or LNG terminal;
Amendment 463 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) period, expressed in days, during which it is possible to ensureexpected that gas supply to the protected customers can be ensured.
Amendment 468 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. After an Emergency, the Competent Authority shall without delay provide to the Commission a detailed assessment of the Emergency and the effectiveness of the implemented measures, including the assessment of economic impact of the Emergency, the impact of the fuel switching on the levels of the emissions, the impact on the electricity sector and the assistance provided to and/or received from the Community and its Member StatesUnion and its Member States. The Commission shall analyse the assessments of the Member States and present its results, in aggregated form, to the Gas Coordination Group.
Amendment 489 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The Commission shall establish a system of continuous monitoring and reporting of security of gas supply including the following measures: (a) preparation of annual reports concerning observance of the rules governing the internal market in the energy sector, notably as regards transparency and compliance with EU competition law by third-country companies, especially main suppliers, together with all of their subsidiaries; (b) assessment of the impact of vertically integrated energy companies from third countries on the internal market and implementation of the principle of reciprocity; (c) application of appropriate measures designed to prevent uncontrolled investment by state-owned foreign companies in the EU's energy sector, in particular the gas and electricity transmission networks; (d) monitoring of contracts for natural gas concluded between Member States and third countries as regards their conformity with the EU internal market rules. The Commission shall enforce the abolition of any clauses having the effect of a destination clause in so far as they are prohibited by EU law.
Amendment 492 #
Proposal for a regulation
Article 14
Article 14
By […] the Commission, having assessed the notified Plans and after consulting the Gas Coordination Group, shall draw conclusions as to possible means to enhance security of supply at CommunityUnion level and shall report to the European Parliament and the Council on the implementation of this Regulation. The report shall include, where appropriate, recommendations for improvement of this Regulation. The Commission may, on the basis of the Risk and Impact Assessments and resulting Plans of all Member States, establish a work programme to assess the need for and feasibility of binding common standards for security of supply.