40 Amendments of Corinne LEPAGE related to 2011/0300(COD)
Amendment 7 #
Proposal for a regulation
Recital 6
Recital 6
(6) Accelerating the refurbishment of existing and deployment of new energy infrastructure is vital to achieve the Union's energy and climate policy objectives, consisting in completing the internal market in energy, guaranteeing security of supply, notably for gas and oil, reducing greenhouse gas emissions by 20% [19], increasing the share of renewable energy in the final energy consumption to 20% [20] and achieving a 20% increase in energy efficiency by 2020. At the same time, the Union has to prepare its infrastructure for furtherpractically full decarbonisation of its energy system in the longer term towards 2050 and has an objective to halt and reverse the loss of biodiversity by 2020.
Amendment 11 #
Proposal for a regulation
Recital 7
Recital 7
(7) Despite its legal existence as defined in Directives 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity (21) and 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas (22), the internal market in energy remains fragmented due to insufficient interconnections between national energy networks. Union-wide integrated networks and deployment of smart grid infrastructure allowing for increased energy efficiency and integration of distributed renewable energy sources however are vital for ensuring a competitive and well functioning integrated market for promoting resource efficient growth, employment and sustainable development.
Amendment 12 #
Proposal for a regulation
Recital 8
Recital 8
(8) The Union's energy infrastructure should be upgraded in order to prevent and increase its resilience to natural or man- made disasters, adverse effects of climate change and threats to its security by a decentralised architecture tending to energy self-sufficiency of local territories, notably concerning European critical infrastructures as set out in Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection23 .
Amendment 13 #
Proposal for a regulation
Recital 10
Recital 10
(10) Communication from the Commission ‘The EU Energy Policy: Engaging with Partners beyond Our Borders’25 underlined the need for the Union to include theGiven the impending decline of the world oil promoduction of energy infrastructure development in its extand, more genernal relations with a view to supporting the socio-economic development beyond the Union borders. The Union should facilitate infrastructure projects linking the Union's energy networks with third country networks, in particular in neighbouring countries and in countries, with which the Union has established specific energy cooperationly, the rising cost of most forms of energy, investments should mainly focus on projects for reducing the energy consumption in the EU.
Amendment 15 #
Proposal for a regulation
Recital 15
Recital 15
(15) The identification of projects of common interest should be based on common, transparent and objective criteria in view of their contribution to the energy policy objectives. For electricity and gas, proposed projects should be part of the latest available ten-year network development plan. This plan should notably take account of the conclusions of the 4 February European Council with regard to the need to integrate peripheral energy markets and establish the roll out of smart grid infrastructure.
Amendment 19 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Union-wide list of projects of common interest should be limited to projects which contribute the most to the implementation of the strategic energy infrastructure priority corridors and the smart grids deployment priority thematic areas. This requires the decision on the list to be taken by the Commission, while respecting the right of the Member States to approve projects of common interest related to their territory. According to analysis carried out in the accompanying impact assessment, the number of such projects is estimated at some 100 in the field of electricity and 50 in the field of gas.
Amendment 22 #
Proposal for a regulation
Recital 20
Recital 20
(20) Projects of common interest should be given ‘"priority status’" at national level to ensure rapid administrative treatment. Projects of common interest shall be considered by competent authorities as being in public interest. Authorisation should be given to projects which have an adverse impact on the environment, for reasons of overriding public interest, only when all the conditions provided for under Directives 92/43/EC and 2000/60/EC are met. Emphasises the need to identify, according to a hierarchy of importance and in the interest of cost-effectiveness, where infrastructure could be minimised through energy efficiency policies, where existing national and cross-border infrastructure can be upgraded or modernised and where new infrastructure is needed and can be built alongside existing energy or transport infrastructure.
Amendment 27 #
Proposal for a regulation
Recital 30
Recital 30
(30) Projects of common interest in the fields of electricity, gas and carbon dioxide and gas should be eligible to receive Union financial assistance for studies and, under certain conditions, for works under the proposed Regulation for a Connecting Europe Facility (CEF Regulation), either in the form of grants or in the form of innovative financial instruments. This will ensure tailor-made support can be provided to those projects of common interest which are not viable under the existing regulatory framework and market conditions. Such financial assistance should ensure the necessary synergies with funding from instruments under other Union policies. In particular, the Connecting Europe Facility will finance energy infrastructure of European relevance, while Structural Funds will finance smart energy distribution networks of local or regional importance. The two sources of funding will thereby complement each other.
Amendment 28 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) facilitates the timely implementation of projects of common interest by accelerating permit granting and enhancingsetting minimum requirements for public participation;
Amendment 30 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘energy infrastructure’ means any physical equipment designed to allow transmission and distribution of electricity or gas, transportation of oil or carbon dioxide, or storage of electricity or gas, which is located within the Union or linking the Union and one or more third countries; (This amendment applies throughout the text.)
Amendment 44 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) the project involves at least two Member States, either by directly crossing the border of one or more Member States or by being located on the territory of one Member State and having a significant cross-border impact as set out in point 1 of Annex IV, with the exception of projects falling under the category set out in point 1(e) of Annex II;
Amendment 47 #
Proposal for a regulation
Article 4 – paragraph 2 – point a – introductory part
Article 4 – paragraph 2 – point a – introductory part
(a) concerning electricity transmission and storage projects falling under the categories set out in points 1(a) to (d) of Annex II, the project shall contribute significantly to sustainable development and at least one of the following specific criteria:
Amendment 54 #
Proposal for a regulation
Article 4 – paragraph 2 – point b – introductory part
Article 4 – paragraph 2 – point b – introductory part
(b) concerning gas projects falling under the categories set out in point 2 of Annex II, the project shall contribute significantly to sustainable development and at least one of the following specific criteria:
Amendment 63 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. When ranking projects contributing to the implementation of the same priority, due consideration shall also be given to the urgency of each proposed project in order to meet the energy policy targets of energy savings and efficiency, increasing the share of renewable generation, market integration and competition, sustainability and security of supply, the number of Member States affected by each project, and its complementarity with regard to other proposed projects. For projects falling under the category set out in point 1(e) of Annex II, due consideration shall also be given to the number of users affected by the project, the annual energy consumption and the share of generation from non dispatchable resources in the area covered by these users.
Amendment 67 #
Proposal for a regulation
Article 5 – paragraph 7 – subparagraph 1 – point b
Article 5 – paragraph 7 – subparagraph 1 – point b
Amendment 74 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The adoption of the Union-wide list of projects of common interest shall establish thea public interest and necessity of these projects within the Member States concerned and shall be acknowledged as such by all parties concerned.
Amendment 75 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
The Commission shall, within three months of the entry into force of this Regulation, issue guidance to support Member States in defining and implementing adequate measures and to ensure the coherent application of environmental assessment procedures required under EU legislation for projects of common interest, and shall monitor its application.
Amendment 76 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
Amendment 79 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
Should the opinion of the Commission be required in accordance with Directive 92/43/EC, the Commission and the competent authority pursuant to Article 9, shall endeavour to ensure that the decision with regard to the ‘overriding public interest’ of a project is taken within the time limit pursuant to paragraph 1 of Article 11.
Amendment 81 #
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) integrated scheme: the comprehensive decision issued by the competent authority is the sole legally binding decision resulting from the statutory permit granting procedure. Where other authorities are concerned by the project, these mayshall, in accordance with national legislation, give their opinion as input to the procedure, which shall be taken into account by the competent authority.
Amendment 82 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) coordinated scheme: The comprehensive decision may encompass multiple individual legally binding decisions issued by the Competent Authority and other authorities concerned. The competent authority shall establish, on a case-by-case basis, a reasonable time limit within which the individual decisions must be issued. The competent authority may take an individual decision on behalf of another national authority concerned, if the decision by that authority is not delivered within the time limit and if the delay cannot be adequately justified. The competent authority may overrule an individual decision of another national authority, if it considers thatsubsequent re-analysis reveals the decision is not sufficiently substantiated with regard to the underlying evidence presented by the authority concerned. The competent authority shall ensure that the relevant requirements under international and Union legislation are respected and must duly justify its decision and make the decision and the justification, including the relevant evidence, available to the public.
Amendment 87 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. At least onetwo public consultations shall be carried out by the project promoter, or, where this is laid down by national legislation, by the competent authority, before submission of the application file to the competent authority pursuant to paragraph 1(a) of Article 11. The first consultation should be carried out within the first six months of the pre-application procedure. The public consultation shall inform stakeholders referred to in point 2(a) of Annex VI about the project at an early stage and identify the most suitable location or trajectory, the different technical options and the relevant issues to be addressed in the application file. The minimum modalities of this public consultation are specified in point 4 of Annex VI. A report summarising the results of activities related to the participation of the public prior to the submission of the application file shall be prepared by the project promoter and submitted together with the application file to the competent authority, which shall take due account of these results when taking the comprehensive decision.
Amendment 88 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. For projects likely to have significant adverse cross-border impacts in one or more neighbouring Member States, where Article 7 of Directive 2001/42/EC, Article 7 of Directive 85/337/EEC and, or the Espoo Convention are applicable, the relevant information shall be made available to the competent authority of the neighbouring Member State(s). The competent authority of the neighbouring Member State(s) shall indicate whether it wishes to participate in the relevant public consultation procedures.
Amendment 92 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. The duration of the permit granting process shallould consist of two phases and shallould not exceed a period of three years:
Amendment 106 #
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) the project specific cost-benefit analysis pursuant to paragraph 4(a) of provides evidence concerning the existence of significant positive externalities, such as environmental and social benefits, security of supply, solidarity or innovation; and
Amendment 107 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. Projects effectively contributing to energy efficiency and integration of distributed renewable energy production shall receive at least two thirds of the financial support available for projects for energy infrastructure.
Amendment 108 #
Proposal for a regulation
Article 17 – point -a (new)
Article 17 – point -a (new)
(-a) Information about the current list of priority projects, overview over the stages of the decision making process as well as dates and agendas for the meetings of the regional groups, along with sub- sequent publication of minutes and any decisions taken.
Amendment 111 #
Proposal for a regulation
Annex I – part 4 – point 11
Annex I – part 4 – point 11
Amendment 115 #
Proposal for a regulation
Annex III – part 1 – point 1 – introductory part
Annex III – part 1 – point 1 – introductory part
(1) For electricity projects falling under the categories set out in point 1 of Annex II, each Group shall be composed of representatives of the Member States, national regulatory authorities, transmission system operators following their obligation to cooperate on a regional level in accordance with Article 6 of Directive 2009/72/EC and Article 12 of Regulation (EC) No 714/2009 and project promot, project promoters and other relevant stakeholders, including producers, distribution system operators, suppliers and environmental organisations and organisations representing consumers, concerned by each of the relevant priorities designated in Annex I, as well as the Commission, the Agency and the ENTSO for Electricity.
Amendment 120 #
Proposal for a regulation
Annex III – part 1 – point 3
Annex III – part 1 – point 3
(3) Each Group shall invite, as appropriate in view of implementing the relevant priority designated in Annex I, representatives of national administrations, of regulatory authorities, project promoters, organisations for environmental protection, and transmission system operators from EU candidate countries and potential candidates, the member countries of the European Economic Area and the European Free Trade Association, representatives from the Energy Community institutions and bodies, countries covered by the European Neighbourhood policy and countries, with which the Union has established specific energy cooperation.
Amendment 122 #
Proposal for a regulation
Annex III – part 1 – point 4
Annex III – part 1 – point 4
(4) Each Group shall consult the organisations representing relevant stakeholders, including producers, distribution system operators, suppliers, consumers, and, for the tasks set out in paragraph 2 of, organisations for environmental protection. The Group mayshall organise hearings or consultations, where relevant for the accomplishments of it tasks. The group shall inform the public regularly and comprehensively about the state and result of its deliberations and organise a hearing or consultation before submission of its proposed list as referred to in article 3 (4).
Amendment 128 #
Proposal for a regulation
Annex IV – point 2 – point c a (new)
Annex IV – point 2 – point c a (new)
Amendment 129 #
Proposal for a regulation
Annex IV – point 3 – point d
Annex IV – point 3 – point d
(d) Sustainability shall be measured by assessing the environmental impact of the infrastructure and as the contribution of a project to reduce emissions, to support the back-up of renewable electricity generation or power- to-gas and biogas transportation, taking into account expected changes in climatic conditions.
Amendment 130 #
Proposal for a regulation
Annex IV – point 5 – point c a (new)
Annex IV – point 5 – point c a (new)
(c a) sustainability shall be assessed on the basis of environmental performance and efficiency of transmission and environmental impact of infrastructure.
Amendment 131 #
Proposal for a regulation
Annex V – point 1 – introductory part
Annex V – point 1 – introductory part
(1) The methodology shall be based on a common input data set representing the Union's electricity and gas systems in the years n+5, n+10, n+15, n+20, n+30 and n+20,40 where n is the year in which the analysis is performed. This data set shall comprise at least:
Amendment 135 #
Proposal for a regulation
Annex V – point 2
Annex V – point 2
(2) The data set shall reflect Union and national legislations in force at the date of analysis. The data sets used for electricity and gas respectively shall be compatible, notably with regard to assumptions on prices and volumes in each market. The data set shall be elaborated after formally consulting Member States and the organisations representing all relevant stakeholders including academia and environmental organisations, and shall be made available to the public. The Commission and the Agency shall ensure access to the required commercial data from third parties when applicable.
Amendment 136 #
Proposal for a regulation
Annex V – point 5
Annex V – point 5
(5) The cost-benefit analysis shall at least take into account the following costs: capital expenditure, operational and maintenance expenditure over the technical lifecycle of the project and decommissioning and waste management costs, where relevantas well as other environmental externalities. The methodology shall give guidance on discount rates to be used for the calculations.
Amendment 138 #
Proposal for a regulation
Annex V – point 6 – point c
Annex V – point 6 – point c
(c) Future costs for new generation and transmission investment over the technical lifecycle of the project, with future cost assumptions based on Union targets and trajectory of decarbonisation of its energy system being successfully implemented;
Amendment 139 #
Proposal for a regulation
Annex V – point 6 – point e a (new)
Annex V – point 6 – point e a (new)
(e a) net loss or gain of ecosystem services.
Amendment 141 #
Proposal for a regulation
Annex V – point 12
Annex V – point 12
(12) Transmission and distribution system operators shall exchange the information necessary for the elaboration of the methodology, including the relevant network and market modelling. Any transmission or distribution system operator collecting information on behalf of other transmission or distribution system operators shall give back to the participating transmission and distribution system operators the results of the collection of data. For the common electricity and gas market and network model set out in paragraph 8 of, the input data set referred to in point 1 shall cover the years n+10, n+20, n+30 and n+3 +40 and the model shall allowinclude for a full assessment of economic, social and environmental impacts, notably including external costs such as those related to net gain or loss of ecosystem services, greenhouse gas and conventional air pollutant emissions or security of supply.