78 Amendments of Lorenzo FONTANA related to 2016/0379(COD)
Amendment 200 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 209 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) having heard the binding opinion of the Member States, decide on the configuration of system operation regions pursuant to Article 33(1) of [recast Electricity Regulation as proposed by COM(2016) 861/2];
Amendment 231 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 236 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Before taking the decisions provided for in this Regulation, the Agency shall inform the parties to the decision and shall set a time limit for submission of the parties’ observations, taking full account of the urgency, complexity and potential consequences of the matter. The Agency shall ensure that the public and any interested parties are, where appropriate, given objective, reliable and easily accessible information, in particular with regard to the results of its work. Decisions taken by the Agency shall be fully reasoned for the purpose of allowing an appeal on the merits.
Amendment 248 #
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 2
Article 17 – paragraph 4 – subparagraph 2
Amendment 268 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Decisions of the Administrative Board shall be adopted on the basis of a simpletwo thirds majority of the members present, unless provided otherwise in this Regulation. Each member of the Administrative Board or alternate shall have one vote.
Amendment 289 #
Proposal for a regulation
Article 20 – paragraph 1 – point e
Article 20 – paragraph 1 – point e
(e) adopt, each year the draft programming document referred to in Article 21 before its submission to the Commission for its opinion, and shall, followingafter having received the opinion of the Commission 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 its members and shall transmit it to the European Parliament, the Council and the Commission. The work programmeing document shall be adopted without prejudice to the annual budgetary procedure and shall be made public.;
Amendment 291 #
Proposal for a regulation
Article 20 – paragraph 1 – point s a (new)
Article 20 – paragraph 1 – point s a (new)
(sa) after having considered the Director’s opinion in accordance with Article 25(k) and after having consulted the Board of Regulators and obtained its favourable opinion in accordance with Article 23(5)(e), adopt and publish adequate and proportionate rules of procedure in accordance with Article 15a(5) for all Agency tasks under Chapter I which are not covered by the rules of procedure under Article 20(1)(l), Article 23(2), Article 26(3) or Article 30(3).
Amendment 296 #
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) market rules shall enable the efficient dispatch of generation assets, storage and demand response;
Amendment 297 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
Each year, the Administrative Board shall adopt a programming document containing multi-annual and annual programming, based on a draft put forward by the Director and approved by the Board of Regulators, taking into account the opinion of the Commission and in relation to multiannual programming after consulting the European Parliament. It shall forward it to the European Parliament, the Council and the Commission no later than 31 January each year.
Amendment 304 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The annual work programme shall comprise detailed objectives and expected results including performance indicators. It shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action, including reference to the Agency working group tasked with drawing up the respective documents, in accordance with the principles of activity-based budgeting and management. The annual work programme shall be coherent with the multi-annual work programme referred to in paragraph 4. It shall clearly indicate tasks that have been added, changed or deleted in comparison with the previous financial year. Annual and multi- annual programming shall include the strategy for relations with third countries or international organisations referred to in Article 43 and the actions linked to that strategy.
Amendment 317 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. All market participants shall aim for system balance and shall be financially responsible for imbalances they cause in the system. They shall either be balance responsible parties or delegate their responsibility to a balance responsible party of their choice. In addition, principles set out in point (i) of Article 3(1) shall apply to balancing responsibility.
Amendment 321 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Board of Regulators and its 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.
Amendment 324 #
Proposal for a regulation
Article 23 – paragraph 5 – point a
Article 23 – paragraph 5 – point a
(a) review, revise and provide opinions to the Director on theall documents containing opinions, recommendations and decisions referred to in Articles 43 to 14 and 16, which are considered for adoption. In its opinions, the Board of Regulators shall give utmost account to the recommendations of the Director pursuant to Article 25(c) or give a statement of grounds as to why it does not. In addition, the Board of Regulators, within its field of competence, shall provide guidance to the Director and the Agency working groups in the execution of histheir tasks, with the exception of decisiontasks pursuant to Article 16(6) of Regulation 1227/2001138. __________________ 38 Regulation (EU) 1227/2011 of the European Parliament and of the Council of 25 October on wholesale energy market integrity and transparency, OJ L 326, 8.12.2011, p. 1.
Amendment 333 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
Amendment 338 #
Proposal for a regulation
Article 23 – paragraph 5 – point b
Article 23 – paragraph 5 – point b
(b) deliver an opinion to the Administrative Board on the candidate to be appointed as Director and on the extension of the Director’s term of office in accordance with Article 20(1)(a), Article 24(2) and Article 24(24).
Amendment 340 #
Proposal for a regulation
Article 23 – paragraph 5 – point c
Article 23 – paragraph 5 – point c
(c) in accordance with Article 20(1)(e) and Article 25(f) and in line with the preliminary draft budgetovisional draft estimate established in accordance with Article 33(1) to 33(3)(1), approve the draft multi-annual and annual programming put forward by the Director and the work programme of the Agency for the coming year and present it by 1 September of each year for adoption by the Administrative Board.
Amendment 343 #
Proposal for a regulation
Article 23 – paragraph 5 – point d a (new)
Article 23 – paragraph 5 – point d a (new)
(da) provide an opinion to the Administrative Board on the rules of procedure under Article 20(1)(t).
Amendment 352 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 355 #
Proposal for a regulation
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
(c) draft , adopt and publish opinions, recommendations and decisions. ODocuments containing opinions, recommendations and decisions referred to in Articles 3 to 114 and 14 ,6 shall only be adopted if they have received a favourable opinion of the Board of Regulators. When passing draft documents prepared by the working groups pursuant to Article 30(4) or a sub-group of the BoR pursuant to Article 7(2) to the BoR for its opinion, the Director may assess these documents with a view to their contribution to the internal energy market and make corresponding recommendations to the BoR;
Amendment 368 #
Proposal for a regulation
Article 25 – paragraph 1 – point k a (new)
Article 25 – paragraph 1 – point k a (new)
(ka) provide an opinion to the Administrative Board on the rules of procedure under Article 20(1)(t).
Amendment 370 #
Proposal for a regulation
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
The Board of Appeal shall adopt and publish its rules of procedure. Those rules shall set out in detail the arrangements governing the organisation and functioning of the Board of Appeal and the rules of procedures applicable to appeals before the Board, pursuant to this Article 29. The Board of Appeal shall submit to the Commission its draft rules of procedure. The Commission shall deliver an opinionbudget of the Agency shall comprise a separate budget line for the financing onf the draft rules of procedure within three months from the date of receipt of the rules. The Board of Appeal shall adopt and publish its rules of procedure within two months after receipt of the Commission's opinion. Any subsequent substantial changes to the rules of procedure shall be notified to the Commission. The Commission shall subsequently deliver an opinion on those changefunctioning of the registry for the Board of Appeal and of an appropriate number of staff to prepare its decisions.
Amendment 378 #
Proposal for a regulation
Article 30 – paragraph 1
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 BoardBoard of Regulators and the Director jointly may establish working groups.
Amendment 379 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Marginal pPricing or pay-as bid shall be used for the settlement of balancing energy. Market participants shall be allowed to bid as close to real time as possible, and at least after the intraday cross-zonal gate closure time determined in accordance with Article 529 of Commission Regulation (EU) 2015/122234. _________________ 34 Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (OJ L 197, 25.7.2015, p. 24).
Amendment 380 #
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. The Agency Working Groups, under the guidance of the Board of Regulators, shall carry out the activities assigned to them in the programming document adopted pursuant to Article 20(1)(e) and any activities assigned to them by the Board of Regulators and the Director.
Amendment 391 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The Administrative BoardDirector and the Board of Regulators jointly shall adopt and publish internal rules of procedure for the functioning of the working groups. The Board of Regulators shall appoint working groups chairs.
Amendment 463 #
Proposal for a regulation
Article 9 – paragraph 1
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 imbalanceIn strongly interconnected markets, the level of technical price limits should be the same among all bidding zones and markets to avoid market distortions. There shall be no minimum limit of the wholesale electricity prices.
Amendment 503 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. When dispatching electricity generating installations, transmission system operators shall 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:
Amendment 509 #
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 527 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 567 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The resources curtailed or redispatched shall be selected amongst generation or demand facilities submitting offers for curtailment or redispatching using market-based mechanisms and be financially compensatepaid. Non-market- based curtailment or redispatching of generation or redispatching of demand response shall only be used upon a decision of national regulatory authority, in cases where no market-based alternative is available, where all available market-based resources have been used, or where the number of generation or demand facilities available in the area where suitable generation or demand facilities for the provision of the service are located is too low to ensure effective competition. The provision of market-based resources shall be open to all generation technologies, storage and demand response, including operators located in other Member States unless technically not feasible.
Amendment 622 #
Proposal for a regulation
Article 12 – paragraph 5 – point d
Article 12 – paragraph 5 – point d
Amendment 628 #
Proposal for a regulation
Article 12 – paragraph 6 – introductory part
Article 12 – paragraph 6 – introductory part
6. Where non-market based curtailment or redispatching is used, it shall be subject to financial compensationpayment by the system operator requesting the curtailment or redispatching to the owner of the curtailed or redispatched generation or demand facility. Financial compensation shall at least be equal to the highest of the following elements: A methodology for determining financial compensation shall be established by the relevant regulatory authority and shall consider additional operating cost caused by the curtailment or redispatching.
Amendment 633 #
Proposal for a regulation
Article 12 – paragraph 6 – point a
Article 12 – paragraph 6 – point a
Amendment 635 #
Proposal for a regulation
Article 12 – paragraph 6 – point b
Article 12 – paragraph 6 – point b
Amendment 662 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Each bidding zone should be equal to an imbalance price areaThe imbalance price area shall be equal or smaller of the bidding zone.
Amendment 672 #
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 Commissionconcerned national regulatory authorities regarding whether to amend or maintain the bidding zone configuration. Based on that proposal, the Commissionnational regulatory authorities of the concerned member states shall adopt a decision whether to amend or maintain the bidding zone configuration, [no later than 6 months after entry into force of this Regulation, specific date to be inserted by OP] or by six months after the conclusion of the bidding zone configuration launched in accordance with points (a), (b) or (c) of Article 32(1) of Regulation (EU) 2015/1222, whichever comes later. Where the national regulatory authorities have not been able to reach an agreement within 6 months following the receipt of the proposal regarding the bidding zone review, or upon their joint request, the Agency shall adopt a decision concerning the submitted proposal within six months
Amendment 674 #
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 and Member States of the Capacity Calculation Region regarding whether to amend or maintain the bidding zone configuration. Based on that proposal, where there is no agreement between Member States in the Capacity Calculation Region, the Commission shall adopt a decision whether to amend or maintain the bidding zone configuration, by clearly showing the issues at stake together with an assessment of all available solutions on an equal basis, [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.
Amendment 679 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 687 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Where further bidding zone reviews are launched under Article 32(1)(a), (b) or (c) of Regulation (EU) 2015/1222, the Commissionconcerned national regulatory authorities may adopt a decision within six months of the conclusion of that bidding zone review according to the adoption terms referred to in paragraph 4.
Amendment 691 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The CommissionNational regulatory authorities shall consult relevant stakeholders on its decisions under this Article before they are adopted.
Amendment 696 #
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. The Commission decisiondecision of the national regulatory authorities shall specify the date of implementation of a change. That implementation date shall balance the need for expediency with practical considerations, including forward trade of electricity. The CommissionNational regulatory authorities may define appropriate transitional arrangements as part of its decision.
Amendment 709 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Capacity shall be allocated only by means of explicit capacity auctions or implicit auctions including both capacity and energy. Both methods may coexist on the same interconnection. For intra-day trade continuous trading shall be used, which may be complemented by auctions in accordance with Regulation (EU) 2015/1222. By 2024 implicit auctions shall be used for intra-day time frame.
Amendment 716 #
Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 2
Article 14 – paragraph 7 – subparagraph 2
Upon request by a transmission system operator, the relevant regulatory authority may grant a derogation from the first subparagraph where it is necessary for maintaining operational security or where it is beneficial to economic efficiency at Union level. Such a derogation, which may not relate to curtailment of already allocated capacities pursuant to paragraph 5, shall be limited in time, strictly limited to what is necessary, and avoid discrimination between internal and cross- zonal exchanges. Before granting a derogation, the relevant regulatory authority shall consult the regulatory authorities of other Member States forming part of an affected capacity calculation region. In case a regulatory authority disagrees with the proposed derogation, the Agency shall decide on the derogation pursuant to Article 6(8)(a) [recast of Regulation (EC) No 713/2009 as proposed by COM(2016) 863/2]. The justification and reasons for the derogation shall be published. Where a derogation is granted, the relevant transmission system operators shall develop and publish a methodology and projects that shall provide a long-term solution to the issue that the derogation seeks to address. The derogation shall expire when the time limit is reached or, once the solution is applied, whichever is earlier. In case a derogation is not granted, it should be considered as a reason to start a bidding zone review process in accordance with Articles 32 to 34 of Regulation (EU) 2015/1222.
Amendment 731 #
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 connected at the distribution level and production connected at the transmission level, either positively or negatively. Charges for generators (G- component) shall not differ between member states. They shall not discriminate against energy storage and shall not create disincentives for participation in demand response. Without prejudice to paragraph 3, those charges shall not be distance- related.
Amendment 766 #
Proposal for a regulation
Article 16 – paragraph 8
Article 16 – paragraph 8
8. Regulatory authorities shallmay 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, when such incentives are deemed to bring relevant benefits for the consumers and always taking into account local specificities. For that purpose regulatory authorities shall recognise as eligible and include all rereasonablev ant costs ind efficient costs in allowed revenues covered by distribution tariffs and introduce performance targets in order to incentivise distribution system operators to raise efficiencies, including energy efficiency, in their networks.
Amendment 776 #
Proposal for a regulation
Article 16 – paragraph 9 – introductory part
Article 16 – paragraph 9 – introductory part
9. By [OP: please add specific date – three months after entry into force] the Agency shall provide a recommendation addressed to regulatory authorities on the progressive NRAs cooperating in the framework of the Agency shall define a publication template to favour transparency in the setting and structure of transmission tariffs. The template shall address at least the following Minimum Publication Requirements regarding Tariff Charges: (a) the ratio of tariffs applied to producers and to consumers; (b) the costs and/or allowed or target revenue of the transmission system operator to be reconvergence of transmission and distribution tariff methodologies. That recommendation shall address at least: ed by tariffs; (c) time differentiated network tariffs; (d) locational signals; (e) the relationship between transmission and distribution tariffs (f) groups of network users subject to tariffs, including tariff exemptions. By [OP: please add specific date – six months after entry into force], and afterwards regularly every two years, the national regulatory authority or the transmission system operator(s), as decided by the national regulatory authority, shall publish information according to the Minimum Publication Requirements template, on the methodology for calculating the respective network tariffs.
Amendment 794 #
Proposal for a regulation
Article 16 – paragraph 10
Article 16 – paragraph 10
10. Without prejudice to further harmonisation by way of delegated acts pursuant to Article 55(1)(k)The information published pursuant to Article 16(9) shall be accessible to the public, fregulatory authorities shall take the Agency's recommendation duly into consideration when approving or fixing transmission tariffs or their methodologies in accordance with Article 59(6)(a) of [recast of Directive 2009/72/EC as proposed by COM(2016) 864/2]e of charge and of any limitations as to its use. It shall be published: a) in a user-friendly manner; b) in a clear, easily accessible way and on a non-discriminatory basis; c) in a downloadable format; d) in one or more of the official languages of the Member State and, unless one of the official languages of the Member State is German, to the extent possible, in German.
Amendment 800 #
Proposal for a regulation
Article 16 – paragraph 11
Article 16 – paragraph 11
11. The Agency shall monitor the implementation of its recommendation and provide a report to the Commission by 31st January each year. It shall update the recommendation at least once every two yearregularly publish a summary report on the information published by the national regulatory authorities or transmission system operators pursuant to Article 16(9). After two editions of the summary report, the Agency may provide an opinion addressed to regulatory authorities on the transparency of transmission tariffs.
Amendment 802 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point b
Article 17 – paragraph 2 – subparagraph 1 – point b
(b) maintaining or increasing interconnection capacities through network investments, in particular in new interconnectorscoordinated remedial actions and/or network investments, in particular up to the target value for transfer capacity at each cross-border boundary.
Amendment 821 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
Amendment 844 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall monitor resource adequacy within their territory baseduse the results onf the European resource adequacy assessment pursuant to Article 19 to verify the resource adequacy concerns within their territory.
Amendment 892 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The European resource adequacy assessment shall cover the overall adequacy of the electricity system to supply current and projected demdetermine resource adequacy concerns in the Union, within the relevant Member States in the system operation region ands for electricity for a ten-year period from the date of that assessment, in a yearly resolutiach Member State, and where relevant down to each bidding zone.
Amendment 979 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Cross-border participation in market-wide capacity mechanisms shall not change, alter or otherwise impact cross- zonal schedules and physical flows between Member States which shall be determined solely by the outcome of capacity allocation pursuant to Article 14.
Amendment 980 #
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
Amendment 1020 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. To address residual concerns that cannot be eliminated economically by the measures pursuant to Article 18(3), Member States may introduce capacity mechanisms, subject to the provisions of this Aarticle and to the Union State aid rules.
Amendment 1073 #
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. If CHP is used, both, power and heat output have to be considered in the calculation of the specific emissions. 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.
Amendment 1087 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
Amendment 1096 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Where the European resource adequacy assessment has not identified a resource adequacy concern, Member States shall not apply capacity mechanismsMember States may apply capacity mechanisms if compliant with the EC Guidelines on State aid for environmental protection and energy 2014-2020.
Amendment 1132 #
Proposal for a regulation
Article 27 – paragraph 1 – point j a (new)
Article 27 – paragraph 1 – point j a (new)
(j a) cooperate with EU DSO entity and adopt best practice on the coordinated operation and planning of transmission and distribution systems including issues such as exchange of data between operators and coordination of distributed energy resources;
Amendment 1209 #
Proposal for a regulation
Article 34 – paragraph 1 – point m
Article 34 – paragraph 1 – point m
(m) upfront identification of potential regional crisis scenarios according to Article 6(1) of [Regulation on risk preparedness as proposed by COM(2016) 862] if this task is delegated by ENTSO for Electricity;, tore the original Commission’s text.
Amendment 1348 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2 – point c
Article 45 – paragraph 1 – subparagraph 2 – point c
(c) identify investment gaps, notably with respect to cross-border capacities by analysing target values in MW for transfer capacity at bidding zone boundaries.
Amendment 1352 #
Proposal for a regulation
Article 45 – paragraph 1 – point 1 (new)
Article 45 – paragraph 1 – point 1 (new)
(1) The draft Union-wide network plan shall be submitted to the Agency for an opinion.The ENTSO-E shall amend the Union-wide network development plan in accordance with this opinion and resubmit the amended plan to the Agency.The agency shall recommend the Union-wide network development plan to the Commission, if deemed adequate.
Amendment 1353 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. The Agency shall provide an opinion on the national ten-year network development plans to assess their consistency with the draft Union -wide network development plan. If the Agency, in consultation with the concerned national regulatory authority, identifies inconsistencies between a national ten-year network development plan and the Union - wide network development plan, it shall, in close cooperation with all concerned regulatory authorities, recommend amending the national ten-year network development plan or the draft Union - wide network development plan as appropriate. If such national ten-year network development plan is elaborated in accordance with Article 51 of [recast of Directive 2009/72/EC as proposed by COM(2016) 864/2], the Agency shall recommend that the competent national regulatory authority amend the national ten-year network development plan in accordance with Article 51(7) of that Directive and inform the Commission thereof. An investment which is objected by the Agency, after having consulted the concerned national regulatory authorities, shall not be part of the Union-wide network development plan.
Amendment 1369 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
Distribution system operators which are not part of a vertically integrated undertaking or which are unbundled according to the provisions of Article 35 [recast of Directive 2009/72/EC as proposed by COM(2016) 864/2], shall cooperate at Union level through a European Entity for Distribution system operators ("EU DSO entity"), in order to promote the completion and functioning of the internal market in electricity, and to promote optimal management and a coordinated operation of distribution and transmission systems. Distribution system operators who wish to participate in the EU DSO entity shall become registered members of the entity. Registered members may participate in the EU DSO entity directly or be represented by the national or European association of their choice.
Amendment 1382 #
1. By [OP: twelve months after entry into force], the distribution system operatorsregistered members, either participating directly or being represented by the national or European associations of their choice, with the administrative support of the Agency, shall submit to the Commission and to the Agency the draft statutes, a list of registered members, the draft rules of procedure, including the rules of procedures on the consultation with ENTSO for Electricity- E and other stakeholders and the financing rules, of the EU DSO entity to be established.
Amendment 1445 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Distribution system operators shall cooperate withand transmission system operators shall cooperate in planning and operating their networks. In particular, transmission and distribution system operators shall exchange all necessary information and data regarding, the performance of generation assets and demand side response, the daily operation of their networks and the long-term planning of network investments, with the view to ensure the cost-efficient, development and operation and the secure and reliable development and operation of their networks.
Amendment 1460 #
Proposal for a regulation
Article 55 – paragraph 1 – introductory part
Article 55 – paragraph 1 – introductory part
1. The Commission is empowered for five years to adopt delegated acts in accordance with Article 63 concerning the establishment of network codes in cover the following areas:
Amendment 1463 #
Proposal for a regulation
Article 55 – paragraph 1 – point g
Article 55 – paragraph 1 – point g
(g) capacity-allocation and congestion- management rules including curtailment of generation and redispatch of generation and demand ;
Amendment 1469 #
Proposal for a regulation
Article 55 – paragraph 1 – point k
Article 55 – paragraph 1 – point k
Amendment 1477 #
Proposal for a regulation
Article 55 – paragraph 1 – point m
Article 55 – paragraph 1 – point m
Amendment 1483 #
Proposal for a regulation
Article 55 – paragraph 1 – point o
Article 55 – paragraph 1 – point o
Amendment 1485 #
Proposal for a regulation
Article 55 – paragraph 1 – point p
Article 55 – paragraph 1 – point p
Amendment 1494 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The Commission shall, after consulting the Agency, the ENTSO for Electricity, the EU DSO entity and the other relevant stakeholders, establish 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 mayshall require the EU DSO entity for electricity instead of the ENTSO for Electricity to convene a drafting committee and submit a proposal for a network code to the agency.
Amendment 1516 #
13. Where the Commission proposes to adopt a network code on its own initiative, the Commission shall consult the Agency, the ENTSO for Electricity, the EU DSO entity and all relevant stakeholders in regard to the draft network code during a period of no less than two months.
Amendment 1539 #
Proposal for a regulation
Article 57 – paragraph 7
Article 57 – paragraph 7
7. When adopting or amending gGuidelines, the Commission shall consult the Agency, the ENTSO for Electricity, the EU DSO entity and other stakeholders where relevant.
Amendment 1553 #
Proposal for a regulation
Article 63 – paragraph 3
Article 63 – paragraph 3
3. The delegation of power referred to in Article 31(3), Article 46(4), Article 55(1), Article 56(1) and (4), and Article 59(11) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effectshall be conferred on the Commission for a period of five years from [the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end onf the day following the publication of the decision in the Offfive-year period. The delegation of power shall be tacitly extended for periods of an identicial Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated act already in forceduration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 1557 #
Proposal for a regulation
Article 63 – paragraph 5
Article 63 – paragraph 5
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and, to the Council and the Official Journal of the European Union.