2016/0030(COD) | [ParlTrack]

Proposal for a regulation
Article 3 – paragraph 3

3. Each Member State shall, without delay, notify to the Commission ~~without delay~~ the name of the competent authority and any changes thereto. Each Member State shall make the name of the competent authority public.

Amendment 101 #

Proposal for a regulation
Article 3 – paragraph 5

5. The Commission shall, where appropriate and with the agreement of all Member States without exception, coordinate the action of the competent authorities at regional and Union levels, as set out in this Regulation, inter alia, through the Gas Coordination Group referred to in Article 14 or the crisis management group referred to in Article 11(4), in particular in the event of a regional or Union emergency as defined in Article 11(1).

Amendment 102 #

Proposal for a regulation
Article 3 – paragraph 6

6. The measures to ensure the security of supply contained in the preventive action plans and in the emergency plans shall be clearly defined, market based to the extent possible, transparent, proportionate, non-discriminatory and verifiable, shall not unduly distort competition and the effective functioning of the internal market in gas and shall not endanger the security of gas supply of other Member States or of the Union as a whole.

Amendment 103 #

Proposal for a regulation
Article 4 – paragraph 1

1. Each Member State or, where a Member State so provides, the competent authority shall strive to ensure that the necessary measures at the Member State’s disposal are taken so that in the event of a disruption of the single largest gas infrastructure, the technical capacity of the remaining infrastructure, determined according to the N – 1 formula as provided in point 2 of Annex II, is able, without prejudice to paragraph 2 of this Article, tomay satisfy total gas demand of the calculated area during a day of exceptionally high gas demand occurring with a statistical probability of once in 20 years. This is without prejudice to the responsibility of system operators to make the corresponding investments and to the obligations of transmission system operators as laid down in Directive 2009/73/EC and Regulation (EC) No 715/2009.

Amendment 104 #

Proposal for a regulation
Article 4 – paragraph 1

1. Each Member State or~~, where a Member State so provides,~~ the competent authority shall ensure that the necessary measures are taken so that in the event of a disruption of the single largest gas infrastructure, the technical capacity of the remaining infrastructure, determined according to the N – 1 formula as provided in point 2 of Annex II, is able, without prejudice to paragraph 2 of this Article, to satisfy total gas demand of the calculated area during a day of exceptionally high gas demand occurring with a statistical probability of once in 20 years. This is without prejudice to the responsibility of system operators to make the corresponding investments and to the obligations of transmission system operators as laid down in Directive 2009/73/EC and Regulation (EC) No 715/2009.

Amendment 105 #

Proposal for a regulation
Article 4 – paragraph 3

3. Where appropriate, according to the risk assessment referred to in Article 6, the competent authorities of neighbouring Member States may, within their scope of competence, agree to jointly fulfil the obligation set out in paragraph 1 of this Article. In such case the competent authorities shall provide in the preventive action plan the calculation of the N-1 formula together with an explanation how the agreed arrangements fulfil this obligation. Point 5 of Annex II shall apply.

Amendment 106 #

Proposal for a regulation
Article 4 – paragraph 6

6. In so far as an investment for enabling or enhancing permanent bi- directional capacity is not required by the market and where that investment incurs costs in more than one Member State or in one Member State for the benefit of another Member State, the national regulatory authorities of all Member States concerned shall jointly decide on cost allocation before any investment decision is taken. The cost allocation shall in particular take into account the proportion of the benefits of the infrastructure investments for the increase of security of supply of the Member States concerned, geo-strategical and political challenges, which may amount to additional investiture costs to the Member States concerned, as well as investments already made in the infrastructure in question.

Amendment 107 #

Proposal for a regulation
Article 4 – paragraph 6

6. In so far as an investment for enabling or enhancing permanent bi- directional capacity is not required by the market and where that investment incurs costs in more than one Member State or in one Member State for the benefit of another Member State, the national regulatory authorities of all Member States concerned shall jointly decide on cost allocation before any investment decision is taken. The cost allocation shall in particular take into account the proportion of the benefits of the infrastructure investments for the increase of security of supply of the Member States concerned as well as investments already made in the infrastructure in question. Sufficient Union funding should be available to the Member States to facilitate those investments.

Amendment 108 #

Proposal for a regulation
Article 4 – paragraph 7

7. The competent authority shall ensure that any new transmission infrastructure contributes to the security of supply through the development of a well- connected network, including, where appropriate, by means of a sufficient number of cross-border entry and exit points according to market demand and the risks identified. The competent authorities shall assess in the risk assessment whether internal bottlenecks exist and whether national entry capacity and infrastructures, in particular transmission networks, are capable of adapting ~~the~~ national and cross border gas flows to the scenario of ~~the~~ disruption tof the single largest gas infrastructure at national level and the single largest gas infrastructure of common interest to the region previously identified in the risk assessment.

Amendment 109 #

Proposal for a regulation
Article 4 – paragraph 8 – introductory part

8. Luxembourg, Slovenia and Sweden shall, by way of exception, not be bound by, but shall endeavour to meet, the obligation set out in paragraph 1 of this Article, while ensuring ~~the~~undisrupted gas supplies to protected customers in accordance with Article 5. That exception shall apply for as long as:

Amendment 110 #

Proposal for a regulation
Article 4 – paragraph 8 – subparagraph 2

Luxembourg, Slovenia and Sweden shall ensure, in a transparent, detailed and non- discriminatory manner, regular market testing for investments in infrastructure and make public the results of those tests. They shall inform the Commission, which shall in turn inform the Member States, of any change in respect of the conditions set out in that subparagraph. The exception laid down in the first subparagraph shall cease to apply where at least one of those conditions is no longer fulfilled.

Amendment 111 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

No later than 31 March 2017 ~~Member Stat~~, the competent authorities shall notify the Commission of their definition of protected customers, the annual gas consumption volumes of the protected customers and the percentage they represent of the total annual final gas consumption in that Member State. Where a Member State includes in its definition of protected customers the categories referred to in point (a) or (b) of Article 2 (1) it shall specify in the notification to the Commission the gas consumption volumes corresponding to consumers belonging to those categories and the percentage that each of those groups of consumers represents in terms of the annual final use of gas.

Amendment 112 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

No later than 31 March 2017 Member States shall notify the Commission of their definition of protected customers, the annual gas consumption volumes of the protected customers and the percentage they represent of the total annual final gas consumption in that Member State. Where a Member State includes in its definition of protected customers the categories referred to in point (a) or (b) of Article 2 (1) it shall specify in the notification to the Commission the gas consumption volumes corresponding to consumers belonging to those categories and the percentage that each of those groups of consumers represents in terms of the annual final use of gas.

Amendment 113 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 4

Member States may comply with the obligation laid down in the first subparagraph by replacing the gas with different sources of energy to the extent that the same level of protection is achieved.

Amendment 114 #

Eleni THEOCHAROUS

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. The competent authorities of each region as listed in Annex I shall jointly make an assessment at regional level of all risks affecting the security of gas supply. The assessment shall take into account all relevant risks such as natural disasters, technological, commercial, social, political and other risks, in the context of a strategy which should call upon all the parties involved to refrain from any policy and actions which might lead to a problematic energy supply causing dysfunctionality in the states and the European market. The risk assessment shall be carried out by:

Amendment 115 #

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. The competent authorities of each region as listed in Annex I shall jointly and in consultation with relevant stakeholders make an assessment at regional level of all risks affecting the security of gas supply. The assessment shall take into account all relevant risks such as natural disasters, technological, commercial, social, political and other risks. The risk assessment shall be carried out by:

Amendment 116 #

Cătălin Sorin IVAN

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. The competent authorities of each region as listed in Annex I shall jointly make an comprehensive assessment at regional level of all risks affecting the security of gas supply. The assessment shall take into account all relevant risks such as natural disasters, technological, commercial, social, political, economic and other risks. The risk assessment shall be carried out by:

Amendment 117 #

Eleni THEOCHAROUS

Proposal for a regulation
Article 6 – paragraph 1 – point c – point ii

(ii) disruption of supplies from third country suppliers, as well as, where appropriate, geopolitical risks and a strategy shall be established to follow and evaluate relevant developments in order to prevent and take effective measures as soon as possible accordingly;

Amendment 118 #

Proposal for a regulation
Article 6 – paragraph 1 – point c – point ii

(ii) disruption of supplies from third country suppliers~~, as well as, where appropriate, geopolitical risk~~ or reduction of supplies because of overconsumption in transit countries;

Amendment 119 #

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1

The competent authorities within each region shall agree on a cooperation mechanism to conduct the risk assessment within the deadline provided for in paragraph 5 of this Article. Competent authorities shall report to the Gas Coordination Group on the agreed cooperation mechanism for conducting the risk assessment 18 months before the deadline for the adoption of the risk assessment and the updates of the risk assessment. The Commission may have a facilitating role overall in the preparation of the risk assessment, in particular for the establishment of the cooperation mechanism. If competent authorities within a region do not agree on a cooperation mechanism, the Commission may, after consulting the Member States, propose a cooperation mechanism for that region.

Amendment 120 #

Proposal for a regulation
Article 6 – paragraph 3

~~3. The risk assessment shall be prepared in accordance with the template in Annex IV. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 to amend those templates.~~deleted

Amendment 121 #

Proposal for a regulation
Article 6 – paragraph 5

5. The risk assessment once agreed by all Member States in the region shall be ~~notified to the Commission for the first time~~published no later than on 1 September 2018. The risk assessment shall be updated every four years unless circumstances warrant more frequent updates. The risk assessment shall take account of progress made in investments needed to cope with the infrastructure standard defined in Article 4 and of country-specific difficulties encountered in the implementation of new alternative solutions. It shall also build on the experience acquired through the simulation of the emergency plans contained in Article 9 (2).

Amendment 122 #

Proposal for a regulation
Article 6 – paragraph 5

5. The risk assessment once agreed by all Member States in the region shall be ~~notifi~~submitted to the Commission ~~for the first time~~ no later than on 1 September 2018. The risk assessment shall be updated every four years unless circumstances warrant more frequent updates. The risk assessment shall take account of progress made in investments needed to cope with the infrastructure standard defined in Article 4 and of country-specific difficulties encountered in the implementation of new alternative solutions. It shall also build on the experience acquired through the simulation of the emergency plans contained in Article 9 (2).

Amendment 123 #

Proposal for a regulation
Article 6 – paragraph 6

6. By 1 November 2017 ENTSO for Gas shall carry out a Union wide simulation of supply and infrastructure disruption scenarios. The scenarios shall be defined by ENTSO for Gas in consultation with the Gas Coordination Group. The competent authorities shall provide ENTSO for Gas with the necessary data for the simulations such as peak demand values, production capacity and demand side measures. The competent authorities shall take into account the results of the simulations for the preparation of the risk assessments, preventive action ~~plans~~ and emergency plans. The Union-wide simulation of supply and infrastructure disruption scenarios shall be updated every four years unless circumstances warrant more frequent updates.

Amendment 124 #

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. The competent authorities of the Member States of each region as listed in Annex I, after consulting the natural gas undertakings, the relevant organisations representing the interests of household and industrial gas customers, including electricity producers, and the national regulatory authorities, where they are not the competent authorities and after taking into account the content and structure of national plans and mechanisms, shall establish jointly:

Amendment 125 #

Proposal for a regulation
Article 7 – paragraph 3

3. The preventive action plan and the emergency plan shall be developed in accordance with the templates contained in Annex V. ~~The Commission shall be empowered to adopt delegated acts in accordance with Article 18 to amend those templates.~~

Amendment 126 #

Proposal for a regulation
Article 7 – paragraph 3

3. The preventive action ~~plan~~ and the emergency plan shall be developed in accordance with the templates contained in Annex V. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 to amend those templates.

Amendment 127 #

Proposal for a regulation
Article 7 – paragraph 4

4. The preventive action ~~plans~~ and emergency plans shall be adopted by all Member States in the region, made public and notified to the Commission no later than on 1 March 2019. Such notification shall take place once the plans have been adopted by all Member States in the region. The Commission shall inform the Gas Coordination Group about the notification of the plans and then publish them on the Commission website without delay.

Amendment 128 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1

Within four months of the notification by the competent authorities, the Commission shall duly assess those plans ~~duly~~ taking into account the peer review and the views expressed in the Gas Coordination Group. Annex VI shall apply for the procedure to carry out peer reviews.

Amendment 129 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – introductory part

The Commission shall issue an opinion to the competent authorities of the region, after consulting the Member States, with the recommendation to review the relevant preventive action plan or emergency plan if the plan is considered to contain one of the following elements:

Amendment 130 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – introductory part

The Commission shall issue an opinion to the competent authorities of the regions with the recommendation to review the relevant preventive action ~~plan~~ or emergency plan if the plan is considered to contain one of the following elements:

Amendment 131 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point c

~~(c) may distort competition or hamper the functioning of the internal energy market;~~deleted

Amendment 132 #

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 1

Within three months of notification of the Commission’'s opinion referred to in paragraph 4, the competent authorities concerned shall review the opinion and notify the amended plan to the Commission, or shall inform the Commission of the reasons for which they do not agree with the recommendations.

Amendment 133 #

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2

In the event of disagreement, the Commission may, within three months of the reply of the competent authorities, ~~take a decision requiring the~~consult the relevant actors concerned in order to facilitate an agreement and subsequent amendment of the relevant plan. The competent authorities shall adopt and publish the plan within three months of the notification of Commission decision.

Amendment 134 #

Proposal for a regulation
Article 7 – paragraph 8

8. The preventive action ~~plans~~ and emergency plans developed under Regulation (EU) No 994/2010, updated as appropriate, shall remain in force until the preventive action plans and emergency plans referred to in paragraph 1 are established for the first time.

Amendment 135 #

Proposal for a regulation
Article 8 – paragraph 1 – point b

(b) the definition of protected customers in each Member State of the region and the information described in the second subparagraph of Article 5(1); the definition of protected customers should be harmonised at Union level;

Amendment 136 #

Proposal for a regulation
Article 8 – paragraph 3

Amendment 137 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1

The impact assessment and ~~the~~ adopted measures shall be published by the competent authority and ~~shall be~~ notified to the Commission. Within four months of the notification the Commission shall take a decision and may require the Member States to amend the adopted measures. That period shall begin on the day following the receipt of a complete notification. The period may also be extended with the consent of both the Commission and the Member State.

Amendment 138 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2

The Commission may take a decision requiring the amendment or withdrawal of a measure where a measure is: (a) likely to distort the Union internal market; (b) likely to distort the development of the national gas market; (c) not necessary or proportionate to ensure security of supply; or (d) likely to jeopardize the security of supply of other Member States. The adopted measure shall only enter into force when it is approved by the Commission or has been amended in accordance with the Commission decision.deleted

Amendment 139 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2 – point a

(a) likely to distort the Union internal market negatively;

Amendment 140 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 3

The adopted measure shall only enter into force when it is approved by the Commission or has been amended in accordance with the Commission decision and in consultation with the Member States.

Amendment 141 #

Proposal for a regulation
Article 9 – paragraph 1 – point b

(b) clearly define the role and responsibilities of natural gas undertakings and of industrial gas customers including relevant electricity producers, taking account of the different extent to which they are affected in the event of gas supply disruptions, and their interaction with the competent authorities and where appropriate with the national regulatory authorities at each of the crisis levels defined in Article 10(1);

Amendment 142 #

Proposal for a regulation
Article 9 – paragraph 1 – point e

(e) identify, if appropriate, the measures and actions to be taken to mitigate the potential impact of a gas supply disruption on district heating and the supply of electricity generated from gas, taking into account regional specificities;

Amendment 143 #

Proposal for a regulation
Article 9 – paragraph 1 – point k

~~(k) detail the reporting obligations imposed on natural gas undertakings at alert and emergency levels;~~deleted

Amendment 144 #

Proposal for a regulation
Article 9 – paragraph 1 – point n

(n) establish a list of predefined actions to make gas available in the event of an emergency, including commercial agreements between the parties involved in such actions and the compensation mechanisms for natural gas undertakings where appropriate, taking due account of the confidentiality of sensitive data. Such actions may involve cross-border agreements between Member States and/or natural gas undertakings.deleted

Amendment 145 #

Proposal for a regulation
Article 9 – paragraph 1 – point n

(n) establish a list of possible predefined actions to make gas made available in the event of an emergency, including commercial agreements between the parties involved in such actions and the compensation mechanisms for natural gas undertakings where appropriate, taking due account of the confidentiality of sensitive data. Such actions may involve cross- border agreements between Member States and/or natural gas undertakings.

Amendment 146 #

Proposal for a regulation
Article 9 – paragraph 3

3. The emergency plan shall be updated every four years after 1 March 2019, unless circumstances warrant more frequent updates ~~or at the Commission’s request~~. The updated plan shall reflect the updated risk assessment and the conclusions of the tests carried out in accordance with paragraph 2. Article 7(3) to (7) shall apply to the updated plan.

Amendment 147 #

Proposal for a regulation
Article 10 – paragraph 1 – point b

(b) alert level (alert): when a supply disruption or exceptionally high gas demand occurs ~~which~~, resultsing in a significant deterioration of the supply situation, buyet the market is still able to manage thate level of disruption or demand without the need to resort to non-market measures;

Amendment 148 #

Proposal for a regulation
Article 10 – paragraph 3

3. When the competent authority declares an emergency, it shall follow the pre-defined action as set out in its emergency plan and shall immediately inform the Commission, the Member States and the competent authorities in the region in particular of the action it intends to take. In duly justified exceptional circumstances, the competent authority may take action deviating from the emergency plan. The competent authority shall immediately inform the Commission and the competent authorities in the region of any such action and shall provide a justification therefore.

Amendment 149 #

Proposal for a regulation
Article 10 – paragraph 3

3. When the competent authority declares an emergency, it shall follow the pre-defined action as set out in its emergency plan and shall immediately inform the Commission and the competent authorities in the region in particular of the action it intends to take. In duly justified exceptional circumstances, the competent authority may take action deviating from the emergency plan. The competent authority shall immediately inform the Commission and the competent authorities in the region of any such action and shall provide a substantive justification therefore.

Amendment 150 #

Proposal for a regulation
Article 10 – paragraph 4 – point b

(b) no measures are introduced that are likely to endanger ~~seriously~~ the gas supply situation in another Member State seriously; and

Amendment 151 #

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1

The Commission shall verify, as soon as possible, but in any case within five days of receiving the information of the competent authority referred to in paragraph 2, whether the declaration of an emergency is justified in accordance with point (c) of paragraph 1 and whether the measures taken follow as closely as possible the actions listed in the emergency plan and are not imposing an undue burden on natural gas undertakings and are in accordance with paragraph 4. The Commission may, at the request of a competent authority, or natural gas undertakings or on its own initiative, request the competent authority to modify the measures where they are contrary to the conditions referred to in the first sentence of this paragraph. The Commission may also request the competent authority to lift the declaration of emergency where it considers, on the basis of supporting evidence, that such declaration is not or no longer justified according to point (c) of paragraph 1.

Amendment 152 #

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 2

Within three days of the notification of the Commission request, the competent authority shall modify the measures and notify the Commission thereof, or shall inform the Commission of the reasons for which it does not agree with the request. In that case, the Commission may within three days amend or withdraw its request or, in order to consider the issue, convene the competent authority or, where appropriate, the competent authorities concerned, and, where the Commission deems it necessary, the Gas Coordination Group. The Commission shall set out its detailed reasoning for requesting any changes to the action. The competent authority shall take ~~full~~ account of the position of the Commission. Where the final decision of the competent authority diverges from the Commission position, the competent authority shall provide the reasoning underlying such decision.

Amendment 153 #

Proposal for a regulation
Article 11 – paragraph 1

1. At the request of a competent authority that has declared an emergency and following the verification in accordance with Article 10(5), the Commission may declare a regional or Union-wide emergency. At the request of at least two competent authorities that have declared an state of emergency and following the verification mechanism in accordance with Article 10(5), and where the reasons for these emergencies are linked, the Commission shall declare, as appropriate, a regional or Union emergency. In all cases, the Commission and all actors directly affected, using the means of communication most appropriate to the situation, shall gather the views of, and take due account of all the relevant information provided by the other competent authorities. When it assesses that the underlying basis for the regional or Union emergency no longer justifies a declaration of emergency, the Commission shall declare an end to the regional or Union emergency. In all cases, the Commission shall give its reasons and inform the Council of its decision.

Amendment 154 #

Proposal for a regulation
Article 11 – paragraph 1

1. At the request of a competent authority that has declared an emergency and following the verification in accordance with Article 10(5), the Commission may declare a regional or Union emergency. At the request of at least two competent authorities that have declared an emergency and following the verification in accordance with Article 10(5), and where the reasons for these emergencies are linked, the Commission shall, after consulting the responsible authority, declare, as appropriate, a regional or Union emergency. In all cases, the Commission, using the means of communication most appropriate to the situation, shall gather the views of, and take due account of all the relevant information provided by the other competent authorities. When it assesses that the underlying basis for the regional or Union emergency no longer justifies a declaration of emergency, the Commission shall declare an end to the regional or Union emergency. In all cases, the Commission shall give its reasons and inform the Council of its decision.

Amendment 155 #

Proposal for a regulation
Article 11 – paragraph 5 – point b

(b) no measures are introduced that are likely to endanger ~~seriously~~ the gas supply situation in another Member State; and

Amendment 156 #

Proposal for a regulation
Article 11 – paragraph 6 – subparagraph 2

Within three days of notification of the Commission request, the Member State or the competent authority shall change its action and notify the Commission or ~~shall~~ set out to the Commission the reasons for which it does not agree with the request. In that case, the Commission may within three days amend or withdraw its request or convene the Member State or the competent authority and, where the Commission deems it necessary, the Gas Coordination Group in order to consider the issue. The Commission shall set out its detailed reasoning for requesting any changes to the action. The Member State or the competent authority shall take full account of the position of the Commission. Where the final decision of the competent authority or the Member State diverges from the Commission position, the competent authority or the Member State shall provide the reasoning underlying such decision.

Amendment 157 #

Proposal for a regulation
Article 11 – paragraph 7

7. The Commission, after consulting the Gas Coordination Group, shall support the establishment of 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 outside the Union when necessary and shall monitor and report on the gas flows into the Union, in cooperation with the supplying and transiting third countries.

Amendment 158 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2

The first subparagraph shall apply to essential social services and district heating installations to the extent they are covered by the definition of protected customers applied by the competent authorities in the respective Member State.

Amendment 159 #

Proposal for a regulation
Article 12 – paragraph 4

4. The technical, legal and financial arrangements for the application of paragraph 3 shall be agreed among the Member States which are directly connected to each other and described in the emergency plans of their respective regions. Such arrangements may cover, among others, gas prices to be applied, use of interconnectors, including bi-directional capacity, gas volumes and the coverage of compensation costs. Market-based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3. Those gas prices and compensation costs and mechanisms shall be reviewed regularly. In case the technical, legal and financial arrangements necessary to apply paragraph 3 are amended, the relevant emergency plan shall be updated accordingly.

Amendment 160 #

Proposal for a regulation
Article 12 – paragraph 4

4. The technical, legal and financial arrangements for the application of paragraph 3 shall be agreed a~~mong~~t the ~~Member States which are directly connected to each other~~regional and inter-regional levels and described in the emergency plans ~~of their respective regions~~. Such arrangements may cover, among others, gas prices to be applied, use of interconnectors, including bi-directional capacity, gas volumes and the ~~coverage of~~shared responsibility for compensation costs. Market-based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3. In case the technical, legal and financial arrangements necessary to apply paragraph 3 are amended, the relevant emergency plan shall be updated accordingly.

Amendment 161 #

Proposal for a regulation
Article 12 – paragraph 4

4. The technical, legal and financial arrangements for the application of paragraph 3 shall be agreed among the Member States, which are directly connected to each other and described in the emergency plans of their respective regions and a supporting role of the Commission. Such arrangements may cover, among others, gas prices to be applied, use of interconnectors, including bi-directional capacity, gas volumes and the coverage of compensation costs. Market-based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3. In case the technical, legal and financial arrangements necessary to apply paragraph 3 are amended, the relevant emergency plan shall be updated accordingly.

Amendment 162 #

Proposal for a regulation
Article 12 – paragraph 6

6. If the Member States do not agree on the necessary technical, legal and financial arrangements, the Commission may propose a framework for such measures in its opinion and decision on the plans with a view to strengthening the solidarity clause.

Amendment 163 #

Proposal for a regulation
Article 13 – paragraph 2 – introductory part

2. In the event of a regional or Union emergency, the Commission is entitled to request that the competent authority provide it without delay with ~~at least~~:

Amendment 164 #

Proposal for a regulation
Article 13 – paragraph 5

5. Where the Commission considers that the gas supply in a region or the Union as whole is affected or is likely to be affected it may require the competent authorities to collect and submit to the Commission information necessary to assess the situation of the gas supply in the Union. The Commission ~~may~~shall share its assessment with the Gas Coordination Group.

Amendment 165 #

Proposal for a regulation
Article 13 – paragraph 6 – point b

(b) to the competent authority and to the Commission immediately after their conclusion or modification the gas supply contracts with a duration of more than 1 year concluded or modified after [OP: Please insert the date of entry in force of this Regulation] that individually or cumulatively with other contracts with the same supplier or its affiliates provide more than 40% of yearly natural gas consumption in the Member State concerned. The notification obligation shall not apply to the modifications related only to the gas price. The notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract.deleted

Amendment 166 #

Proposal for a regulation
Article 13 – paragraph 6 – point b

(b) to the competent authority and to the Commission immediately after their conclusion or modification the gas supply contracts with a duration of more than 1 year concluded or modified after [OP: Please insert the date of entry in force of this Regulation] that ~~individually or cumulatively with other contracts with the same supplier or its affiliates provide more than 40%~~have an impact on internal the EU energy market and on security of supply in the Union with regard to both the proportion of yearly natural gas consumption in the Member State concerned and the volume of natural gas provided for by the contract. The notification obligation shall not apply to the modifications related only to the gas price. The notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract.

Amendment 167 #

Proposal for a regulation
Article 13 – paragraph 7

7. In duly justified circumstances, where the competent authority or the Commission considers that a gas supply contract not covered by paragraph 6(b) of this Article might affect the security of supply of a Member State, region or of the Union as whole, the competent authority of the Member State where the natural gas undertaking who has concluded the contract operates or the Commission may request the natural gas undertaking to provide the contract for the assessment of its impact on security of supply. The request may cover also any other commercial agreements relevant for the execution of the gas supply contract.deleted

Amendment 168 #

Proposal for a regulation
Article 14 – paragraph 1

1. A Gas Coordination Group is established to ~~facilitat~~improve the coordination of measures concerning security of gas supply. The Group shall be composed of representatives of the Member States, in particular of their competent authorities, as well as the Agency for the Cooperation of Energy Regulators (the “Agency”), the ENTSO for Gas and representative bodies of the industry concerned and those of relevant customers. The Commission shall, in consultation with the Member States, decide on the composition of the Group, ensuring it is fully representative. The Commission shall chair the Group. The Group shall adopt its rules of procedure.

Amendment 169 #

Proposal for a regulation
Article 14 – paragraph 2 – point b

~~(b) all information relevant for security of gas supply at national, regional and Union levels;~~deleted

Amendment 170 #

Proposal for a regulation
Article 15 – paragraph 1

1. The second sentence of Article 3(2), Article 3(6), Article 4(3), (4) and (6), Article 5(2), point (d) of Article 6(1), points (b) and (e) of Article 7(5), points (e), (g), (i), of Article 8(1), point (b) and (c) of Article 8(4), points (j) and (m) of Article 9(1), Article 9(4), Article 10(4), Article 11(5) and Article 12 shall create obligations for the Members States towards an Energy Community Contracting Party subject to the following procedure: (a) Energy Community adopts and integrates this Regulation in the Energy Community by means of a Joint Act on security of supply introducing reciprocal obligations on the side of Energy Community Contracting Parties in the relations with the Member States, (b) the Energy Community Contracting Party implements the Joint Act and duly notifies the full implementation to the Energy Community Secretariat, including a request for the application of this paragraph for its part and (c) notifies the implementation and a request to the Commission to confirm the applicability of reciprocal obligations between the requesting Energy Community Contracting Party and the Member States. Following the notification of the Energy Community Secretariat, the Commission takes a decision confirming the applicability of reciprocal obligations between the Member States and the Energy Community Contracting Party in view of application of this paragraph, indicating the date as of which these mutual obligations apply.deleted the Ministerial Council of the the Energy Community Secretariat

Amendment 171 #

Proposal for a regulation
Article 15 – paragraph 1 – introductory part

Amendment 172 #

Proposal for a regulation
Article 16 – paragraph 2

The Commission, on the basis of the assessments referred to in Article 7(5) shall~~, when appropriate,~~ draw conclusions as to possible means to enhance security of supply at Union level and report to the European Parliament and the Council on the implementation of this Regulation, including~~, where necessary,~~ recommendations for improvement of this Regulation.

Amendment 173 #

Proposal for a regulation
Article 17 – paragraph 1

The risk assessment, ~~the~~ preventive action plans, ~~the~~ emergency plans and all other documents shall be notified to the Commission electronically through the CIRCABC platform.

Amendment 174 #

Proposal for a regulation
Article 19 – paragraph 1 – introductory part

This Regulation shall not apply to Malta and Cyprus for ~~as long as no gas is supplied on their respective te~~the regional group of Member States along the ‘Southern Gas Corritdor~~ies~~’ as defined in Annex I. For Malta and Cyprus the obligations laid down in, and the choices those Member States are entitled to make pursuant to, the following provisions shall be fulfilled and made within the specified time after the date when gas is first supplied on their respective territories:

Amendment 21 #

Proposal for a regulation
Recital 1

(1) Natural gas (gas) remains an essential component of the energy supply of the Union. A large proportion of such gas is imported into the Union from third countries, and some Member States therefore depend largely or wholly on gas supplied by third country monopolies.

Amendment 22 #

Proposal for a regulation
Recital 1

(1) Natural gas (gas) remains an essential component of the energy supply of the Union. ~~A large proportion of such gas is imported into the Union from third countries.~~

Amendment 23 #

Proposal for a regulation
Recital 2

(2) A major disruption of the gas supply can affect all Member States, and the Union as a whole ~~and Contracting Parties to the Treaty establishing the Energy Community, signed in Athens on 25 October 2005~~. It can also severely damage the Union economy and can have a major social impact, particularly on vulnerable groups of customers.

Amendment 24 #

Proposal for a regulation
Recital 2

Amendment 25 #

Proposal for a regulation
Recital 2

(2) A major disruption of the gas supply even in one Member State can affect all Member States, the Union as a whole and Contracting Parties to the Treaty establishing the Energy Community, signed in Athens on 25 October 2005. It can also severely damage the Union economy and can have a major social impact, particularly on vulnerable groups of customers.

Amendment 26 #

Proposal for a regulation
Recital 2

Amendment 27 #

Proposal for a regulation
Recital 3

(3) This Regulation aims to ensure that all the necessary measures are taken to safeguard an uninterrupted supply of gas throughout the Union, in particular to protected customers in the event of difficult climatic conditions or disruptions of the gas supply. These objectives should be achieved through the most cost-effective measures and in such a way that energy markets are not distorted. Also, when achieving those objectives, it is important that regional specificities are taken into account in terms of targeted application of this Regulation.

Amendment 28 #

Proposal for a regulation
Recital 3

Amendment 29 #

Javier COUSO PERMUY

Proposal for a regulation
Recital 3

Amendment 30 #

Proposal for a regulation
Recital 3 a (new)

(3a) This Regulation is to be implemented in challenging times, with global energy markets adversely affected by Russian invasion of Ukraine and the annexation of Crimea in 2014, further tensions in the area of the Black Sea and the Caspian Sea, the Isis control over petrol and gas supplies in the occupied territories, as well as tensions between Saudi Arabia and Iran.

Amendment 31 #

Proposal for a regulation
Recital 4

(4) Regulation (EU) No 994/2010 of the European Parliament and of the Council of 20 October 2010 concerning measures to safeguard security of gas supply has already had a significant positive impact on the Union situation as regards the security of the gas supply, both in terms of preparation and mitigation. Some Member States are better prepared to face a supply crisis now that they are required to draw up plans including preventive and emergency measures, and they are better protected now that they have to meet a number of obligations regarding infrastructure capacity and gas supply. However, the implementation report of Regulation (EU) No 994/2010 of October 2014 highlighted areas in which improvements to that Regulation could further bolster the Union supply security.

Amendment 32 #

Proposal for a regulation
Recital 5

(5) The Commission’s Communication on the short-term resilience of the European gas system from October 201413 analysed the effects of a partial or complete disruption of gas supplies from Russia and concluded that purely national approaches are not very effective in the event of severe disruption, given their scope, which is by definition limited, and the inadequate coordination, especially at regional level. This stress test showed how a more cooperative approach among Member States could significantly reduce the impact of very severe disruption scenarios in the most vulnerable Member States. __________________ 13 COM(2014) 654 final. COM(2014) 654 final.

Amendment 33 #

Proposal for a regulation
Recital 5

(5) The Commission’s Communication on the short-term resilience of the European gas system from October 201413 analysed the effects of a partial or complete disruption of gas supplies from Russia and concluded that purely national approaches are not very effective in the event of severe disruption, given their scope, which is by definition limited. This stress test showed how a more cooperative approach among Member States could ~~significantly~~ reduce the impact of very severe disruption scenarios in the most vulnerable Member States. __________________ 13 COM(2014) 654 final

Amendment 34 #

Urmas PAET

Proposal for a regulation
Recital 5 a (new)

(5a) In order to safeguard the European Union’s energy supply, it is necessary to diversify energy sources and build new energy interconnections between Member States. At the same time, it is essential to increase energy-security cooperation with the European Union’s neighbouring countries, with strategic partners and also among the European institutions.

Amendment 35 #

Proposal for a regulation
Recital 6

(6) The Commission Communication ‘Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy’14 from February 2015, highlights the fact that the Energy Union rests on solidarity and trust, which are necessary features of energy security. This regulation should aim to boost solidarity and trust between the Member States and should put in place the measures needed to achieve these aims, thus paving the way for implementing the Energy Union. The Union should therefore support only those diversification-oriented projects that are fully in line with Union law and Union principles as well as with the Union’s long-term policy objectives and priorities. __________________ 14 Communication from the Commission to the European Parliament and the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank, COM(2015) 80 final.

Amendment 36 #

Proposal for a regulation
Recital 6

(6) The Commission Communication ‘Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy’14 from February 2015, highlights the fact that the Energy Union rests on solidarity and trust, which are necessary features of energy security. This regulation should aim to boost solidarity and trust between the Member States ~~and should put in place the measures needed to achieve these aims, thus paving the way for implementing the Energy Union~~. __________________ 14 Communication from the Commission to the European Parliament and the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank, COM(2015) 80 final.

Amendment 37 #

Proposal for a regulation
Recital 6

(6) The Commission Communication ‘Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy’14 from February 2015, highlights the fact that the Energy Union rests on solidarity and trust, which are necessary features of energy security. This regulation should aim to boost solidarity and trust between the Member States and should put in place the measures needed to achieve these aims~~, thus paving the way for implementing the Energy Union~~. __________________ 14 Communication from the Commission to the European Parliament and the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank, COM(2015) 80 final.

Amendment 38 #

Proposal for a regulation
Recital 6 a (new)

(6a) In order to create a stable, flexible internal energy market, greater interaction should be ensured between the electricity and gas systems so that, should the gas supply be disrupted, electricity or other alternative energy sources could be used instead.

Amendment 39 #

Proposal for a regulation
Recital 7

(7) An internal gas market that operates smoothly is the best guarantee of security of energy supply across the Union and to reduce the exposure of individual Member States to the harmful effects of supply disruptions. Where a Member State’s security of supply is threatened, there is a risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other Member States. To allow the internal gas market to function even in the face of a shortage of supply, provision must be made for solidarity and coordination in the response to supply crises, as regards ~~both~~ preventive action ~~and the reaction to actual disruptions of supply~~.

Amendment 40 #

Proposal for a regulation
Recital 7

(7) An internal gas market that operates smoothly is the best guarantee of security of energy supply across the Union and to reduce the exposure of individual Member States to the harmful effects of supply disruptions. Where a Member State’s security of supply is threatened, there is a risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other Member States. To allow the internal gas market to function even in the face of a shortage of supply, provision ~~must~~s should be mad~~e for solidarity and~~opted to ensure enhanced solidarity, exchange of best practices and better coordination in the response to supply crises, as regards both preventive action and the reaction to actual disruptions of supply.

Amendment 41 #

Proposal for a regulation
Recital 7

(7) An internal gas market that operates smoothly is the best guarantee of security of energy supply across the Union and to reduce the exposure of individual Member States to the harmful effects of supply disruptions. Where a Member State’s security of supply is threatened, there is a risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other Member States. To allow the internal gas market to function even in the face of a shortage of supply, provision must be made for solidarity and coordination in the response to ~~supply cris~~long-term severe supply shortages, as regards both preventive action and the reaction to actual disruptions of supply.

Amendment 42 #

Proposal for a regulation
Recital 7

(7) An internal gas market that operates smoothly is the best guarantee of security of energy supply across the Union and to reduce the exposure of individual Member States to the harmful effects of supply disruptions. Where a Member State’s security of supply is threatened, there is a risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other Member States. To allow the internal gas market to function even in the face of a shortage of supply, provision must be made at Union level for solidarity and coordination in the response to supply crises, as regards both preventive action and the reaction to actual disruptions of supply.

Amendment 43 #

Proposal for a regulation
Recital 9

Amendment 44 #

Proposal for a regulation
Recital 9

(9) In a spirit of respect to market economy principles, solidarity, regional cooperation, involving both public authorities and natural gas undertakings, should be the guiding principle of this Regulation, to identify the relevant risks in each region and optimise the benefits of coordinated measures to mitigate them and to implement the most cost-effective measures for Union consumers.

Amendment 45 #

Proposal for a regulation
Recital 9

Amendment 46 #

Proposal for a regulation
Recital 9

(9) In a spirit of solidarity, ~~regional cooperation, involving~~the involvement of both public authorities and natural gas undertakings, should be the guiding principle of this Regulation, to identify the relevant risks in each region and optimise the benefits of coordinated measures to mitigate them and to implement the most cost-effective measures for Union consumers.

Amendment 47 #

Proposal for a regulation
Recital 10

(10) Certain customers, including households and customers providing essential social services, are particularly vulnerable and may need greater social protection~~. A definition of such protected customers should not conflict with the Union solidarity mechanisms~~.

Amendment 48 #

Proposal for a regulation
Recital 10

(10) Certain customers, including households and customers providing essential social services, are particularly vulnerable and may need social protection. A definition of such protected customers should not conflict with the Union solidarity mechanisms and should be harmonised at Union level.

Amendment 49 #

Proposal for a regulation
Recital 10

(10) Certain customers, including households and customers providing essential social services, are particularly vulnerable and ~~may~~ need social protection. A definition of such protected customers should not conflict with the Union solidarity mechanisms.

Amendment 50 #

Proposal for a regulation
Recital 11

(11) Responsibility for security of gas supply should be shared by natural gas undertakings, and Member States, acting through their competent authorities; and ~~the Commission,~~ within their respective remits. Such shared responsibility requires very close cooperation between these parties. However, customers using gas for electricity generation or industrial purposes may also have an important role to play in security of gas supply, as they can respond to a crisis by taking demand-side measures such as interruptible contracts and fuel switching, which have an immediate impact on the supply/demand balance.

Amendment 51 #

Proposal for a regulation
Recital 13

(13) The infrastructure standard should ~~obli~~encourage Member States to maintain a minimum level of infrastructure such as to ensure a degree of redundancy in the system in the event of a disruption of the single largest infrastructure. However, more supportive action is required in some specific regions, so that Member States are able to achieve the goal of improved infrastructure, which requires more than just the willingness to cooperate. As an analysis by reference to the N-1 indicator constitutes a purely capacity-based- approach, the results of N-1 should be complemented with a detailed analysis that also captures gas flows.

Amendment 52 #

Proposal for a regulation
Recital 13

(13) The infrastructure standard should ~~oblige~~encourage certain Member States to maintain a minimum level of infrastructure such as to ensure a degree of redundancy in the system in the event of a disruption of the single largest infrastructure. As an analysis by reference to the N-1 indicator constitutes a purely capacity-based- approach, the results of N-1 should be complemented with a detailed analysis that also captures gas flows.

Amendment 53 #

Proposal for a regulation
Recital 14

(14) Regulation (EU) No 994/2010 requires transmission system operators to enable permanent bi-directional capacity on all cross-border interconnections unless an exemption has been granted from this obligation. It aims to ensure that the possible benefits of permanent bi- directional capacity are always taken into account when a new interconnector is planned. However, bi-directional capacity can be used to supply gas both to the neighbouring Member State and to others along the gas supply corridor. The benefits for security of supply of enabling permanent bi-directional capacity thus need to be seen in a broader perspective, in a spirit of solidarity and enhanced cooperation. ~~A cost-benefit analysis that takes account of the whole transportation corridor should therefore be conducted when considering whether to implement bi-directional capacity.~~ The competent authorities should accordingly be required to re- examine the exemptions granted under Regulation (EU) 994/2010 on the basis of the results of the regional risk assessments.

Amendment 54 #

Proposal for a regulation
Recital 15

(15) Council Directive 2008/114/EC16 lays down a process with a view to enhancing the security of designated European critical infrastructure, including certain gas infrastructure, in the Union. ~~Directive 2008/114/EC together with this Regulation contributes to creating a comprehensive approach to the energy security of the Union.~~ __________________ 16 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 protection (OJ L 345, 23.12.2008, p. 75).

Amendment 55 #

Proposal for a regulation
Recital 17

Amendment 56 #

Proposal for a regulation
Recital 18

(18) The regions are to be defined, as far as possible, on the basis of existing regional cooperation structures set up by the Member States and the Commission, in particular the regional groups set up under Regulation (EU) 347/2013 on guidelines for trans-European energy infrastructure17 (the TEN-E Regulation). However, since this Regulation and the TEN-E Regulation have different aims, the respective regional groups may differ in size and design. The regional cooperation structures should be flexible and able to adapt to changes in energy dynamic, including through reconfiguration. __________________ 17 Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulation (EC) No 713/2009, (EC) 714/2009 and (EC) No 715/2009 (OJ EU L 115 of 25.4.2013, p. 39).

Amendment 57 #

Proposal for a regulation
Recital 19

(19) For the purpose of this Regulation, the following criteria should therefore be taken into account when defining the regional groups: supply patterns, existing and planned corridors, interconnections and interconnection capacity between Member States, market development and maturity, existing regional cooperation structures, and the number of Member States in a region, which should be limited to ensure that the group remains of a manageable size.

Amendment 58 #

Proposal for a regulation
Recital 20

(20) In order to make the regional cooperation feasible, Member States should establish a cooperation mechanism within each region. Such mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans at regional level. Member States are free to agree on a cooperation mechanism best suited for a given region. The Commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies. In absence of an agreement on the cooperation mechanism, the Commission may propose a suitable cooperation mechanism for a given region.

Amendment 59 #

Proposal for a regulation
Recital 20

(20) In order to make the regional cooperation feasible, Member States should establish a cooperation mechanism within each region. Such mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans at regional level. Member States are free to agree on a cooperation mechanism best suited for a given region. The Commission should have a facilitating role in the overall process and ~~share~~in the sharing of best practises for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies. In absence of an agreement on the cooperation mechanism, the Commission may propose a ~~suitable~~ cooperation mechanism for a given region.

Amendment 60 #

Proposal for a regulation
Recital 21

(21) When conducting a comprehensive risk assessment to be prepared at regional level, competent authorities should assess natural, technological, infrastructural, commercial, financial, social, political ~~and~~, market- related risks, and any other relevant ones~~, including, where appropriate, the disruption of the supplies from the single largest supplier~~. All risks should be addressed by effective, proportionate and non- discriminatory measures to be developed in the preventive action plan and the emergency plan. The results of the risk assessments should also contribute to the all hazard risk assessments foreseen under article 6 of Decision No 1313/2013/EU18. __________________ 18 Decision No 1313/2013/EU of the European parliament and of the Council of 17 December 2013 on a Union Civil protection Mechanism (OJ L 347, 20.12.2013, p. 24).

Amendment 61 #

Proposal for a regulation
Recital 21

(21) When conducting a comprehensive risk assessment to be prepared at regional level, competent authorities should assess natural, technological, infrastructural, commercial, financial, social, political and market- related risks, and any other relevant ones, including, where appropriate, the disruption of the supplies from the single largest supplier. All risks should be addressed by effective, proportionate and non-discriminatory measures to be developed in the preventive action plan and the emergency plan. The results of the risk assessments should also contribute to the all hazard risk assessments foreseen under article 6 of Decision No 1313/2013/EU18 . __________________ 18 Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 24).

Amendment 62 #

Proposal for a regulation
Recital 21

(21) When conducting a comprehensive risk assessment to be prepared at regional level, competent authorities should assess natural, technological, commercial, financial, social, geo-strategic, political and market- related risks, and any other relevant ones, including, where appropriate, the disruption of the supplies from the single largest supplier. All risks should be addressed by effective, proportionate and non-discriminatory measures to be developed in the preventive action plan and the emergency plan. The results of the risk assessments should also contribute to the all hazard risk assessments foreseen under article 6 of Decision No 1313/2013/EU18. __________________ 18 Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 24).

Amendment 63 #

Proposal for a regulation
Recital 23

(23) To ensure maximum preparedness, so as to avoid a supply disruption and mitigate its effects should it nevertheless occur, the competent authorities of a given region must draw up preventive action plans and emergency, after consulting stakeholders. Regional plans should take account of the specific characteristics of each Member State. Alternative routes and energy suppliers need to be identified and developed especially for those Member States that depend on a single supplier. They should also clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities. National measures to be designed should take fully account of the regional measures set out in the preventive action plan and emergency plan. They should be so designed as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation. The plans should be technical and operational in nature, their function being to help prevent the occurrence or escalation of an emergency and to mitigate its effects. The plans should take the security of electricity systems into account and be consistent with the Energy Union’s strategic planning and reporting tools.

Amendment 64 #

Proposal for a regulation
Recital 23

(23) To ensure maximum preparedness, so as to avoid a supply disruption and mitigate its effects should it nevertheless occur, the competent authorities of a given region must draw up preventive action plans and emergency, after consulting stakeholders. Regional plans should take account of the specific characteristics of each Member State. They should also clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities. National measures to be designed should take fully account of the regional measures set out in the preventive action ~~plan~~ and emergency plan. They should be so designed as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation. The plans should be technical and operational in nature, their function being to help prevent the occurrence or escalation of an emergency and to mitigate its effects. The plans should take the security of electricity systems into account and be consistent with the Energy Union’s strategic planning and reporting tools.

Amendment 65 #

Proposal for a regulation
Recital 24

(24) The roles and responsibilities of all natural gas undertakings and competent authorities should therefore be defined precisely in order to keep the internal gas market functioning properly, particularly in the event of supply disruptions and crises. Such roles and responsibilities should be established in such a way as to ensure that a three-level approach is respected which would involve first the relevant natural gas undertakings and industry, then Member States at national or regional level, and then the Union. ~~This Regulation should enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with disruptions.~~ However, it should also provide for mechanisms that can be deployed when markets alone are no longer able to deal adequately with a gas supply disruption.

Amendment 66 #

Proposal for a regulation
Recital 24

(24) The roles and responsibilities of all natural gas undertakings and the roles of the competent authorities should therefore be ~~defined precisely~~clearly defined in order to keep the internal gas market functioning properly, particularly in the event of supply disruptions and crises. Such roles and responsibilities should be established in such a way as to ensure that a three-level approach is respected which would involve first the relevant natural gas undertakings and industry, then Member States at national or regional level, and then the Union. This Regulation should enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with disruptions. ~~However, it should also provide for mechanisms that can be deployed when markets alone are no longer able to deal adequately with a gas supply disruption.~~

Amendment 67 #

Proposal for a regulation
Recital 25

(25) In the event of a supply crisis, market players should be given ~~sufficient~~the opportunity to respond to the situation with market-based measures. Where market measures have been exhausted and they are still insufficient, Member States and their competent authorities should take measures to remove or mitigate the effects of the supply crisis.

Amendment 68 #

Proposal for a regulation
Recital 26

(26) Whenever Member States plan to introduce non-market-based measures, such measures should be accompanied by a description of their economic impact. This ensures ~~customers have the information they need~~the proper application of the duty to inform customers about the costs of such measures a~~nd ensures that the measures are~~s well as the principle of transparentcy, especially as regards their share in the gas price.

Amendment 69 #

Proposal for a regulation
Recital 28

(28) Demand-side measures, such as fuel switching or a reduction ing the gas supply to large industrial consumers in an economically efficient order, may have a valuable role to play in ensuring energy security, if they can be applied quickly and significantly reduce demand in response to a supply disruption. More should be done to promote efficient energy use, particularly where demand-side measures are needed. The environmental impact of any demand and supply-side measures proposed must be taken into account, with preference being given, as far as possible, to measures that have least impact on the environment. At the same time, security of supply and competitiveness aspects must also be taken into account.

Amendment 70 #

Proposal for a regulation
Recital 28

(28) Demand-side measures, such as fuel switching or reducing the gas supply to large industrial consumers in an economically efficient order, may have a valuable role to play in ensuring energy security, if they can be applied quickly and significantly reduce demand in response to a supply disruption. More should be done to promote efficient energy use, particularly where demand-side measures are needed. The environmental impact of any demand and supply-side measures proposed must be taken into account, with preference being given, as far as possible, to measures that have least impact on the environment. At the same time, security of supply ~~and competitiveness aspects~~ must be taken into account.

Amendment 71 #

Proposal for a regulation
Recital 29

(29) When drawing up and implementing the preventive action plan and the emergency plan, the competent authorities should, at all times, take account of the safe operation of the gas system at regional and national levels. They must address and set out in those plans the technical constraints affecting the operation of the network, including any technical and safety reasons for reduc~~ing~~ed flows in the event of an emergency.

Amendment 72 #

Proposal for a regulation
Recital 31

(31) It is necessary to ~~ensure the predictability of the~~provide clear analysis and impact assessments of action to be taken in the event of an emergency, allowing all market participants sufficient opportunity to ~~react and also~~ prepare for such potential circumstances. As a rule, the competent authorities should therefore abide by their emergency contingency plans. InOnly under duly justified ex~~ceptional~~traordinary circumstances and after the exhaustion or rendering impossible of enacting and pursuing prior agreed contingency plans, they should be allowed to take action which deviates from those plans. It is also important to make the way in which emergencies are ~~announc~~identified more transparent and ~~predictable~~clear. Information on the system balancing position (the overall status of the transmission network), the framework for which is set out in Commission Regulation (EU) No 312/201419 , may play an important role in this regard. That information should be available to competent authorities and the national regulatory authorities~~, if the latter are not the competent authority on a real time basis~~. __________________ 19 Commission Regulation (EU) No 312/2014 of 26 March 2014 establishing a Network Code on Gas Balancing of Transmission Networks (OJ L 91, 27.3.2014, p.15).

Amendment 73 #

Proposal for a regulation
Recital 32

(32) The preventive action ~~plans~~ and emergency plans should be updated regularly and published. They should be ~~subject to~~ peer reviewed. The peer review process allows for early identification of inconsistencies and measures that could endanger other Member States’ security of supply, thereby ensuring that plans from different regions are consistent with one another. It also enables Member States to share best practices.

Amendment 74 #

Proposal for a regulation
Recital 33

(33) To ensure that the emergency plans are always up-to-date and effective, Member States should be given the opportunity to carry out tests between the update-phases of the plans byand should be encouraged to do so through comprehensive support mechanisms, simulating high and medium-impact scenarios and responses in real time. The competent authorities should present the test results at the Gas Coordination Group.

Amendment 75 #

Proposal for a regulation
Recital 34

(34) ~~Mandatory c~~Comprehensive templates including all the risks to be covered by the risk assessment and all the components of the preventive action plans and emergency plans are needed to facilitate the risk assessment and preparation of the plans, their peer review and their assessment by the Commission.

Amendment 76 #

Proposal for a regulation
Recital 36

(36) ~~As demonstrated by the October 2014 stress test, s~~Solidarity is needed to ensure security of supply across the Union and to keep overall costs to a minimum. If an emergency is declared in any Member State, a two-step approach should be applied to strengthen solidarity. Firstly, all Member States which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid. Secondly, if the first step fails to provide the necessary supply, further measures by neighbouring Member States, even if not in an emergency situation, should be triggered to ensure the supply to households, essential social services and district heating installations in the Member State experiencing the emergency. Member States should identify and describe the details of these solidarity measures in their emergency plans, ensuring fair and equitable compensation of the natural gas undertakings.

Amendment 77 #

Proposal for a regulation
Recital 36

(36) As demonstrated by the October 2014 stress test, solidarity is needed to ensure security of supply across the Union and to keep overall costs to a minimum. If an emergency is declared in any Member State, a two-step approach should be applied to strengthen solidarity. Firstly, all Member States which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid. Secondly, if the first step fails to provide the necessary supply, further measures by neighbouring Member States, even if not in an emergency situation, should be triggered to ensure the supply to households, essential social services and district heating installations in the Member State experiencing the emergency. Member States should identify and describe the details of these solidarity measures in their emergency plans, ensuring fair and equitable compensation of the natural gas undertakings. The Commission should also ensure that dominant gas suppliers in a region do not abuse their position in breach of Union competition law, with particular reference to unfair prices charged in Member States.

Amendment 78 #

Proposal for a regulation
Recital 36

(36) As demonstrated by the October 2014 stress test, ~~solidarity~~more efficient cooperation is needed to ensure security of supply across the Union and to keep overall costs to a minimum. If an emergency is declared in any Member State, a two-step approach should be applied to strengthen ~~solidarity~~cooperation. Firstly, all Member States which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid. Secondly, if the first step fails to provide the necessary supply, further measures by neighbouring Member States, even if not in an emergency situation, should be ~~trigger~~coordinated to ensure the supply to households, essential social services and district heating installations in the Member State experiencing the emergency. Member States should identify and describe the details of these solidarity measures in their emergency plans, ensuring fair and equitable compensation ~~of the natural gas undertaking~~for cooperative support-actions.

Amendment 79 #

Proposal for a regulation
Recital 37

(37) European solidarity should also, where needed, take the form of civil protection assistance provided by the Union and its Member States. Such assistance should be facilitated and coordinated by the Union Civil Protection Mechanism established by Decision No 1313/2013/EU of the European Parliament and of the Council20 aiming to strengthen the cooperation between the Union and the Member States and to facilitate coordination in the field of civil protection in order to improve the effectiveness of systems for preventing, preparing for, and responding to natural ~~and~~or man-made disasters. __________________ 20 Decision No 1313/2013/EU of the European parliament and of the Council of 17 December 2013 on a Union Civil protection Mechanism (OJ L 347, 20.12.2013, p. 24).

Amendment 80 #

Proposal for a regulation
Recital 38

(38) To assess the security of supply situation of a given Member State or, region or of the Union, access to the relevant information is essential. In particular, Member States and the Commission ~~need regular access to information from~~should be duly informed, in accordance with their significant roles and power, concerning natural gas undertakings regarding the main parameters of the gas supply as, thereby providing for a fundamental input in the design of the security of supply policies. Under duly justified circumstances, irrespective of a declaration of emergency, access ~~should also be possible~~ to additional information needed to assess the overall gas supply situation, should also be facilitated where possible. That additional information would typically be non-price- related gas delivery information, e.g. minimum and maximum gas volumes, delivery points or supply margins. It could, for example, be requested in the event of changes in the pattern of the gas supply to a given buyer or buyers in a Member State which would not be expected if the markets were functioning normally and which could affect the gas supply of the Union or parts of it.

Amendment 81 #

Proposal for a regulation
Recital 38

(38) To assess the security of supply situation of a given Member State or region or of the Union, access to the relevant information is essential. In particular, Member States and the Commission need regular access to information from natural gas undertakings regarding the main parameters of the gas supply as a fundamental input in the design of the security of supply policies. Under duly justified circumstances, irrespective of a declaration of emergency, access should also be possible to additional information needed to assess the overall gas supply situation. That additional information would typically be non-price-related gas delivery information, e.g. minimum and maximum gas volumes, delivery points or supply margins. It could, for example, be requested in the event of changes in the pattern of the gas supply to a given buyer or buyers in a Member State which would not be expected if the markets were functioning normally and which could affect the gas supply of the Union or parts of it. If the information provided is considered by the provider to be one containing commercial secrets, the information will be treated as such.

Amendment 82 #

Proposal for a regulation
Recital 39

(39) In March 2015, the European Council concluded that gas supply contracts with suppliers from third countries should be made more transparent and compatible with the Union energy security provisions. In this context an efficient and targeted mechanism for Member States’ access to key gas supply contracts should ensure a comprehensive assessment of relevant risks that can lead to a supply disruption or interfere with the necessary mitigating measures should a crisis nevertheless occur. Under that mechanism certain key gas supply contracts should be automatically notified, immediately after their conclusion, to the Member States. However, any obligation to notify a contract automatically needs to be proportionate. Applying this obligation to contracts between a supplier and a buyer covering 40% of the national market strikes the right balance in terms of administrative efficiency and lays down clear obligations for market participants. This does not mean that other gas supply contracts are not relevant to security of supply. Accordingly, Member States should have the right to request other contracts which might negatively affect security of supply of a Member State or region or of the Union as a whole. The Commission should have the same access to the gas supply contracts as Member States, given its role in assessing the consistency and effectiveness of the preventive action plans and emergency plans to address risks to security of supply at national, regional and EU level. The Commission may call on the Member States to amend the plans so as to take account of the information obtained from the contracts. The confidentiality of commercially sensitive information should be ensured. Improved Commission access to information on commercial contracts should not affect the Commission’s ongoing efforts to monitor the gas market, and the Commission should intervene if violations of the Union law are identified. The provisions of this Regulation should be without prejudice to the right of the Commission to launch infringement proceedings in accordance with Article 258 of the Treaty on the Functioning of the European Union (TFEU) and to enforce competition rules, including state aid.

Amendment 83 #

Proposal for a regulation
Recital 39

(39) In March 2015, the European Council concluded that gas supply contracts with suppliers from third countries ~~should~~must be made more transparent and compatible with the Union energy security provisions. In this context, an efficient and targeted mechanism for Member States’ access to key gas supply contracts should ensure a comprehensive assessment of relevant risks that can lead to a supply disruption or interfere with the necessary mitigating measures should a crisis nevertheless occur. Under that mechanism certain key gas supply contracts should be automatically notified, immediately after their conclusion, to the Member States. However, any obligation to notify a contract automatically needs to be proportionate and subject to specific conditions. Applying this obligation to contracts between a supplier and a buyer covering 40% of the national market strikes the right balance in terms of administrative efficiency and lays down clear obligations for market participants. This does not mean that other gas supply contracts are not relevant to security of supply. Accordingly, Member States should have the right to request other contracts which might negatively affect security of supply of a Member State or region or of the Union as a whole. The Commission should have the same access to the gas supply contracts as Member States, given its role in assessing the consistency and effectiveness of the preventive action ~~plans~~ and emergency plans to address risks to security of supply at national, regional and EU level. The Commission may call on the Member States to amend the plans so as to take account of the information obtained from ~~the~~additional contracts. The confidentiality of commercially sensitive information should be ensured. Improved Commission access to information on commercial contracts should not affect the Commission’s ongoing efforts to monitor the gas market overall, and the Commission should intervene only if violations of the Union law are identified. The provisions of this Regulation should be without prejudice to the right of the Commission to launch infringement proceedings in accordance with Article 258 of the Treaty on the Functioning of the European Union (TFEU) and to enforce competition rules, including state aid,.

Amendment 84 #

Proposal for a regulation
Recital 41

(41) One of the Union goals is to strengthen the Energy Community ~~that would~~and to ensure effective implementation of the Union energy acquis, energy market reforms and incentivising investments in the energy sector by all Energy Community Member States in order to achieve closer integration of the Union and Energy Community energy markets. This entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the Energy Community Contracting Parties. Furthermore, the Commission Communication on the short term resilience of the European gas system from October 2014 refers to the need to fully apply internal energy market rules and agreements on the flow of energy between the Union Member States and the Energy Community Contracting Parties by all Energy Community Member States. In this regard, in order to ensure an efficient crisis management on borders between the Union Member States and the Contracting Parties, the necessary arrangements following the adoption of a Joint Act should be set so that specific cooperation with any individual Energy Community Contracting Party can take place once the required mutual provisions have been duly put into place..

Amendment 85 #

Proposal for a regulation
Recital 41

(41) One of the Union goals is to strengthen the Energy Community that would ensure effective implementation of the Union energy acquis, energy market reforms and incentivising investments in the energy sector by closer ~~integ~~cooperation of the Union and Energy Community energy markets. This entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the Energy Community Contracting Parties. Furthermore, the Commission Communication on the short term resilience of the European gas system from October 2014 refers to the need to apply internal energy market rules on the flow of energy between the Union Member States and the Energy Community Contracting Parties. In this regard, in order to ensure an efficient crisis management on borders between the Union Member States and the Contracting Parties, the necessary arrangements following the adoption of a Joint Act should be set so that specific cooperation with any individual Energy Community Contracting Party can take place once the required mutual provisions have been duly put into place..

Amendment 86 #

Proposal for a regulation
Recital 42

(42) Since gas supplies from third countries are central to the security of the Union gas supply, the Commission should coordinate action with regard to third countries, work with supplying and transit countries on arrangements to handle crisis situations and ensure a stable gas flow to the Union. The Commission should be entitled to deploy a task force to monitor gas flows into the Union in crisis situations, in consultation with the third countries involved, and, where a crisis arises from difficulties in a third country, to act as mediator and facilitator. The Commission should continue its active involvement in the renewal of trilateral talks Commission-Gazprom-Ukraine on Russian gas supplies to Ukraine in order to ensure that gas supplies from Russia to Ukraine would not be a weapon in Russia-Ukraine conflict anymore and that Ukraine continues to be a reliable gas partner and transit country.

Amendment 87 #

Proposal for a regulation
Recital 42

(42) Since gas supplies from third countries are central to the security of the Union gas supply, the Commission should coordinate action with regard to third countries, work with supplying and transit countries on arrangements to handle crisis situations and ensure a stable gas flow to the Union. This can be achieved when energy and external policies are coordinated in a consistent manner. The Commission should be entitled to deploy a task force to monitor gas flows into the Union in crisis situations, in consultation with the third countries involved, and, where a crisis arises from difficulties in a third country, to act as mediator and facilitator.

Amendment 88 #

Proposal for a regulation
Recital 42

Amendment 89 #

Proposal for a regulation
Recital 44

(44) The Member States acting on their own cannot satisfactorily achieve the objective of this Regulation, namely to guarantee a secure gas supply within the Union. National risk assessments and strategies are not sufficient. Given the scale or effects of the action, it is better achieved at Union level. The Union may therefore adopt measures, in accordance with the principle of subsidiarity set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective.

Amendment 90 #

Proposal for a regulation
Recital 44

(44) The Member States acting on their own cannot satisfactorily achieve the objective of this Regulation regarding Union-wide efforts, namely to guarantee a secure gas supply ~~within the Union. Given the scale or effects of the action, it is better achieved~~ at Union level. The Union may therefore adopt measures, in accordance with the principle of subsidiarity set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective.

Amendment 91 #

Proposal for a regulation
Recital 45

(45) To allow for a swift Union response to changing circumstances as regards threats to the security of gas supply, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendment of regions and templates for risk assessment and plans. It is particularly important that the Commission carry out appropriate consultations during its preparatory work, including at expert level. When preparing and drawing up delegated acts, it should ensure that relevant documents are simultaneously sent to the European Parliament and the Council, in good time and in the appropriate manner.

Amendment 92 #

Proposal for a regulation
Article 1 – paragraph 1

This Regulation establishes provisions aimed at safeguarding the security of gas supply by ensuring the proper and continuous functioning of the internal market in natural gas (“gas”), by allowing for exceptional measures to be implemented when the market can no longer deliver the required gas supplies and by providing for a clear definition and attribution of responsibilities among natural gas undertakings, the Member States and the Union regarding both preventive action and the reaction to concrete disruptions of supply. This Regulation also provides transparent mechanisms, in a spirit of solidarity, for the coordination of planning for, and response to, an emergency at Member State, regional and Union levels in order to strengthen the Energy Union and energy security.

Amendment 93 #

Proposal for a regulation
Article 1 – paragraph 1

This Regulation establishes provisions aimed at safeguarding the security of gas supply by ensuring the proper and continuous functioning of the internal market in natural gas ("gas"), by allowing for exceptional measures to be implemented when the market can no longer deliver the required gas supplies and by providing for a clear definition and attribution of responsibilities among natural gas undertakings, the Member States and the Union regarding both preventive action and the reaction to concrete disruptions of supply. This Regulation also provides for transparent mechanisms, in a spirit of solidarity, for the coordination of planning for, and response to, an emergency at Member State, regional and Union levels.

Amendment 94 #

Proposal for a regulation
Article 2 – paragraph 2 – point 1 – introductory part

(1) ‘protected customer’ means a household customer connected to a gas distribution network and, in addition, ~~where the~~in the event that the competent authorities of each Member State concerned so decides, may also mean one or more of the following:

Amendment 95 #

Proposal for a regulation
Article 2 – paragraph 2 – point 1 – point a

(a) a small or medium-sized enterprise, provided that it is connected to a gas distribution network where there are strong grounds, or an essential social service, provided that it is connected to a gas distribution or transmission network, and provided that such enterprises or services do not represent jointly more than 20 % of the total annual final gas consumption in that Member State;

Amendment 96 #

Proposal for a regulation
Article 3 – paragraph 1

1. Security of gas supply shall be a shared responsibility of natural gas undertakings, Member States, notably through their competent authorities~~, and the Commission,~~ within their respective areas of activities and competence.

Amendment 97 #

Javier COUSO PERMUY

Proposal for a regulation
Article 3 – paragraph 1 a (new)

1a. Security of gas supply shall also ensure affordable prices of energy for citizens across the Union, to combat energetic poverty.

Amendment 98 #

Proposal for a regulation
Article 3 – paragraph 2

2. Each Member State shall designate a national governmental authority or a national regulatory authority delegate as its competent authority that ensures the proper and efficient implementation of the measures provided for in this Regulation. Competent authorities shall cooperate with each other ion the implementation of this Regulation. Member States may allow the competent authority to delegate specific tasks set out in this Regulation, to other bodies. Delegated tasks shall be performed under the supervision of the competent authority ~~and shall be~~, specified in the plans referred to in Article 7 and duly reported to the national governmental authority. The declaration of any of the crisis levels referred to in Article 10(1) may be only delegated to a public authority.

Amendment 99 #

Proposal for a regulation
Article 3 – paragraph 3

3. ~~Each Member State shall notify to the Commission without delay the name of the competent authority and any changes thereto.~~ Each Member State shall make the name of the competent authority public.

source: 584.263

2016/06/20 ITRE 762 amendments...

Amendment 126 #

Proposal for a regulation
Title 1

Proposal for a ~~REGULATION~~DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010 (Text with EEA relevance)

Amendment 127 #

Pavel TELIČKA, Angelika MLINAR, Gerben-Jan GERBRANDY, Morten PETERSEN, Carolina PUNSET, Lieve WIERINCK, Fredrick FEDERLEY

Proposal for a regulation
Citation 3 a (new)

Having regard to the reasoned opinion of 30 March 2016 of the Austrian Federal Council on the Proposal for a Regulation of the European Parliament and of the Council concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010,

Amendment 128 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Martina WERNER, Eugen FREUND, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Simona BONAFÈ

Proposal for a regulation
Recital 1

(1) Natural gas (gas) ~~remain~~is an essential component of the energy supply of the Union. ~~A large proportion of such gas is imported into the Union from third countr~~This makes security of gas supply a key element of the Union's overall energy security, with relevance to the Union's competitiveness and growth. Even though more than 50 % of gas consumption in the Union and the rest of the European Economic Area is currently covered by domestic production, a growing proportion of gas is imported from third countries. Enhancing the Union's energy security and making its gas market more resilient thus requires creating a stable, market-based regulatory framework for developing gas production from domestic sources. Furthermore, increasing energy efficiency as well as the use of renewable energy sources reduces the Union's reliance on gas imports, thereby also addressing dependence on dominant external suppliers.

Amendment 129 #

Proposal for a regulation
Recital 1

(1) Natural gas (gas) ~~remain~~is an essential component of the energy supply of the Union. ~~A large proportion of such gas is imported into the Union from third countr~~This makes security of gas supply a key element of the Union's overall energy security, with relevance to the Union's competitiveness and growth. Even though more than 50 % of gas consumption in the Union and the rest of the European Economic Area is currently covered by domestic production, a growing proportion of gas is imported from third countries. Enhancing the Union's energy security and making its gas market more resilient thus requires creating a stable, market-based regulatory framework for developing gas production from domestic sources, increasing energy efficiency as well as addressing by diversification of suppliers dependence on dominant external suppliers.

Amendment 130 #

Proposal for a regulation
Recital 1

Amendment 131 #

Proposal for a regulation
Recital 1

(1) Natural gas (gas) remains an essential component of the energy supply of the Union. A large proportion of such gas is imported into the Union from third countries, of which one is notable for being the single largest supplier.

Amendment 132 #

Proposal for a regulation
Recital 1

(1) Natural gas (gas) remains an essential component of the energy supply of the Union. ~~A large proportion of such gas is imported into the Union from third countries.~~

Amendment 133 #

Proposal for a regulation
Recital 1

(1) Natural gas (gas) remains an essential component of the energy supply ~~of the Union~~for few Member States. A large proportion of such gas is imported into the Union from third countries.

Amendment 134 #

Proposal for a regulation
Recital 1 a (new)

(1a) In signing on 26 April 2016 the Paris Agreement on climate change (COP 21), the EU is committed to reducing greenhouse gas emissions in order to hold the increase in the global average temperature to well below 2 °C above preindustrial levels and pursuing efforts to limit the temperature increase to 1.5 °C. Gas is a fossil fuel with an important contribution to climate change due to the significant amount of methane – a powerful greenhouse gas with a global warming potential 86 times higher than CO2 on a 20-year timescale – leaked all along its lifecycle (production, transport, consumption).

Amendment 135 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Simona BONAFÈ, Edouard MARTIN

Proposal for a regulation
Recital 1 a (new)

(1a) The European Union is committed to reduce greenhouse gas emissions to 80- 95% below 1990 levels by 2050 and to holding the increase in the global average temperature to well below 2 ºC above preindustrial levels and pursuing efforts to limit the temperature increase to 1.5 ºC. To reach this objectives, 80% of the world's known fossil fuels reserves need to stay in the ground. Therefore this objectives will require to organise an important phase-out of oil, coal and gas during the next 35 years.

Amendment 136 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Martina WERNER, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Simona BONAFÈ, Edouard MARTIN

Proposal for a regulation
Recital 1 a (new)

(1a) The Union is committed to lessening its dependency on fossil fuels and to reducing its greenhouse gas emissions consistently with the commitment to holding the increase in the global average temperature to well below 2 °C above preindustrial levels and pursuing efforts to limit the temperature increase to 1.5 °C.

Amendment 137 #

Proposal for a regulation
Recital 1 b (new)

(1b) Since the year 2000, the EU gas demand has declined by 14%, partly due to the economic crisis, but also due to the implementation of energy efficiency policies. The Union's climate and energy objectives and the transition towards a low-carbon economy will continue to have a significant impact on the demand for gas. Any future analysis of gas demand should therefore take these trends and targets into account.

Amendment 138 #

Proposal for a regulation
Recital 1 b (new)

(1b) The European gas demand has declined by 14% since 2000 and by 23% since 2010. Higher targets and additional efforts on energy efficiency -following the 'energy efficiency first' principle- will reduce Europe's reliance on gas imports, increase Europe's energy security and achieve Europe's climate objectives. Hence energy efficiency measures should be considered as the first fuel and be given primary consideration in security of gas supply plans.

Amendment 139 #

Xabier BENITO ZILUAGA, Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS, Sofia SAKORAFA

Proposal for a regulation
Recital 1 b (new)

(1b) Gas highly contributes to climate change due to the significant amount of methane leaked all along its lifecycle. Therefore, it does not represent a low- carbon energy sources.

Amendment 140 #

Proposal for a regulation
Recital 1 c (new)

(1c) Access to affordable energy is a basic social right and energy poverty must be tackled.

Amendment 141 #

Xabier BENITO ZILUAGA, Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS, Sofia SAKORAFA

Proposal for a regulation
Recital 1 d (new)

(1d) As the gas accounts for almost 50% of the EU´s primary energy consumption for heating and cooling, of which 80% is used in buildings, Member States should primarily focus on energy efficiency measures, particularly in the buildings, in order to reduce gas demand and thus EU dependence on foreign suppliers.

Amendment 142 #

Proposal for a regulation
Recital 2

Amendment 143 #

Pavel TELIČKA, Gerben-Jan GERBRANDY, Morten PETERSEN, Carolina PUNSET, Lieve WIERINCK, Fredrick FEDERLEY

Proposal for a regulation
Recital 2

(2) A major disruption of the gas supply can affect allny Member State~~s, the Union as a whole and~~ or a group of them or the Union as a whole. It can also touch the Contracting Parties to the Treaty establishing the Energy Community, signed in Athens on 25 October 2005. ItSuch a disruption can also severely damage the Union economy and can have a major social impact, particularly on vulnerable groups of customers.

Amendment 144 #

Proposal for a regulation
Recital 2

(2) A major disruption of the gas supply can affect all Member States, the Union as a whole and Contracting Parties to the Treaty establishing the Energy Community, signed in Athens on 25 October 2005. It can also ~~severely~~potentially under certain circumstances damage the Union economy and can have a major social impact, particularly on vulnerable groups of customers.

Amendment 145 #

Proposal for a regulation
Recital 2

Amendment 146 #

Proposal for a regulation
Recital 3

(3) This Regulation aims to ensure that all the necessary measures are taken to safeguard a~~n uninterrupted~~ sufficient supply of gas throughout the Union, ~~in particular to~~guaranteeing the respect of minimum standards, in particular to essential public services and protected customers, in the event of difficult climatic conditions or disruptions of the gas supply. These objectives should be achieved through ~~the most cost-effective measures and in such a way that~~measures intending to preserve an equilibrium of major societal needs, and in such a way that the daily normal functioning of energy markets ~~are not~~is minimally distorted.

Amendment 147 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Martina WERNER, Eugen FREUND, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Carlos ZORRINHO, Flavio ZANONATO, Miroslav POCHE, Jude KIRTON-DARLING, Simona BONAFÈ, Edouard MARTIN

Proposal for a regulation
Recital 3

(3) This Regulation aims to ensure that all the necessary measures are taken to safeguard an uninterrupted supply of gas throughout the Union, in particular to protected customers in the event of difficult climatic conditions or disruptions of ~~the~~ gas supply. Th~~ese objective~~is should be achieved through ~~the most~~ cost- effective measures ~~and in such~~, in a way that energy markets are not distorted, in accordance with Article 194 of the Treaty on European Union (TEU) and with the goals of the Energy Union to deliver secure, affordable and climate-friendly energy.

Amendment 148 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Martina WERNER, Eugen FREUND, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Simona BONAFÈ, Edouard MARTIN

Proposal for a regulation
Recital 3 a (new)

(3a) The Commission's Communication on Energy Efficiency (COM(2014)520), highlighted that energy efficiency has a fundamental role to play in the transition towards a more competitive, secure and sustainable energy system with an internal energy market at its core. Saving energy and reducing gas consumption should therefore be a priority to secure gas supply and improve Europe's energy independence. Member States should give energy efficiency primary consideration to decrease the use of gas, particularly in the construction and renovation of buildings as gas accounts for around half of the EU principal energy consumption for heating and cooling.

Amendment 149 #

Proposal for a regulation
Recital 4

(4) Regulation (EU) No 994/2010 of the European Parliament and of the Council of 20 October 2010 concerning measures to safeguard security of gas supply has already had a significant positive impact on the Union situation as regards the security of the gas supply, both in terms of preparation and mitigation. Member States are better prepared to face a supply crisis now that they are required to draw up plans including preventive and emergency measures, and they are better protected now that they have to meet a number of obligations regarding infrastructure capacity and gas supply. ~~However, t~~The implementation report of Regulation (EU) No 994/2010 of October 2014 highlighted areas in which improvements to that Regulation could further bolster the Union supply security.

Amendment 150 #

Proposal for a regulation
Recital 5

(5) The Commission's Communication on the short-term resilience of the European gas system from October 201413 analysed the effects of a partial or complete disruption of gas supplies from Russia and concluded that ~~purely~~most of the national approaches are ~~not very effective in the event of severe disruption, given their scope, which is by definition limi~~insufficiently coordinated. This stress test showed how a more cooperative approach among Member States could significantly reduce the impact of very severe disruption scenarios in the most vulnerable Member States. __________________ 13 COM(2014) 654 final

Amendment 151 #

Proposal for a regulation
Recital 5

(5) The Commission's Communication on the short-term resilience of the European gas system from October 201413 analysed the effects of a partial or complete disruption of ~~gas supplies from Russia~~the Ukrainian gas transit route as well as all Russian gas flows to Europe, including the combination with a cold weather spell, and concluded that purely national approaches are not very effective in the event of severe disruption, given their ~~scope, which is by definition limited~~limited national scope. This stress test showed how a more cooperative approach among Member States could significantly reduce the impact of very severe disruption scenarios in the most vulnerable Member States. __________________ 13 COM(2014) 654 final COM(2014) 654 final

Amendment 152 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Martina WERNER, Eugen FREUND, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO

Proposal for a regulation
Recital 5

(5) The Commission’s Communication on the short-term resilience of the European gas system from October 201413 analysed the effects of a partial or complete disruption of gas supplies from Russia and concluded that purely national approaches are not very effective in the event of severe disruption, given their scope, which is by definition limited, and the inadequate coordination, especially at regional level. This stress test showed how a more cooperative approach among Member States could significantly reduce the impact of very severe disruption scenarios in the most vulnerable Member States. __________________ 13 COM(2014) 654 final. COM(2014) 654 final.

Amendment 153 #

Proposal for a regulation
Recital 5 a (new)

(5a) The Commission's Communication of the 2050 Energy Roadmap highlights that fossil fuels such as gas will need to be phased out by 2050. New gas infrastructure should therefore only be prioritised in case of utmost necessity and should always respond to a real gas demand, in order to avoid the creation of a new carbon lock-in and of possible stranded assets.

Amendment 154 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Martina WERNER, Soledad CABEZÓN RUIZ

Proposal for a regulation
Recital 5 a (new)

(5a) Stress tests showed that Europe's current gas infrastructure is largely resilient to a wide range of demand futures and extreme supply disruption cases. Hence better security of gas supply can be achieved thanks to a more liquid internal market and greater regional cooperation without the need to build additional infrastructure in order to avoid the creation of a new carbon lock-in and of possible stranded assets.

Amendment 155 #

Proposal for a regulation
Recital 6

(6) ~~The Commission Communication~~Energy security constitutes one of the objectives of the Energy Union strategy, as set out in the Commission Communication of 25 February 2015, entitled 'Framework Strategy for a Resilient Energy Union with a Forward- Looking Climate Change Policy'~~14 from February 2015,~~. The Communication highlightsed the fact that the Energy Union rests on solidarity, a principle enshrined in Article 194 TEU, and trust, which are necessary features of energy security. This rRegulation ~~should aim~~is intended to boost solidarity and trust between the Member States, and s~~hould put in place the measures needed to achieve these aims, thus paving the way for implementing the~~upport the EU climate and energy objectives, thus paving the way for a secure and climate-friendly Energy Union. __________________ 14 Communication from the Commission to the European Parliament and the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank, COM(2015) 80 final.

Amendment 156 #

Proposal for a regulation
Recital 6

(6) The Commission Communication 'Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy'14 from February 2015, highlights the fact that the Energy Union rests on solidarity and trust, which are necessary features of energy security. This regulation should aim to boost solidarity and trust between the Member States and should put in place the measures needed to achieve these aims~~, thus paving the way for implementing the Energy Union~~. __________________ 14 Communication from the Commission to the European Parliament and the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank, COM(2015) 80 final.

Amendment 157 #

Proposal for a regulation
Recital 6

(6) The Commission Communication 'Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy'14 from February 2015, highlights the fact that the Energy Union rests on solidarity and trust, which are necessary features of energy security. This ~~regulation~~directive should aim to boost solidarity and trust between the Member States and should put in place the measures needed to achieve these aims~~, thus paving the way for implementing the Energy Union~~. __________________ 14 Communication from the Commission to the European Parliament and the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank, COM(2015) 80 final.

Amendment 158 #

Proposal for a regulation
Recital 6

(6) The Commission Communication 'Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy'14 from February 2015, highlights the fact that the Energy Union rests on solidarity and trust, which are necessary features of all aspects of common life and accordingly also of energy security. This regulation should aim to boost solidarity and trust between the Member States and should put in place the measures needed to achieve these aims, thus paving the way for implementing the Energy Union. __________________ 14 Communication from the Commission to the European Parliament and the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank, COM(2015) 80 final.

Amendment 159 #

Proposal for a regulation
Recital 6

(6) The Commission Communication 'Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy'14 from February 2015, highlights the fact that the Energy Union rests on solidarity and trust, which are necessary features of energy security. This regulation should aim to boost solidarity and trust between the Member States while achieving the climate and energy goals, and should put in place the measures needed to achieve these aims, thus paving the way for implementing ~~the~~a climate- friendly Energy Union. __________________ 14 Communication from the Commission to the European Parliament and the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank, COM(2015) 80 final.

Amendment 160 #

Pavel TELIČKA, Angelika MLINAR, Gerben-Jan GERBRANDY, Morten PETERSEN, Carolina PUNSET, Lieve WIERINCK, Fredrick FEDERLEY

Proposal for a regulation
Recital 6

(6) The Commission Communication ‘Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy’14 from February 2015, highlights the fact that the Energy Union rests on solidarity and trust, which are necessary features of energy security and sustainability. This rRegulation should aim to boost solidarity and trust between the Member States and should put in place the measures needed to achieve these aims, thus paving the way for ~~implemen~~creating the Energy Union. __________________ 14 Communication from the Commission to the European Parliament and the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank, COM(2015) 80 final.

Amendment 161 #

Proposal for a regulation
Recital 6

(6) The Commission Communication 'Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy'14 from February 2015, highlights the fact that the Energy Union rests on solidarity and trust, which are necessary features of energy security. This regulation should aim to boost solidarity and trust between the Member States and should put in place the measures needed to achieve these aims, thus ~~paving the way for~~contributing to implementing the Energy Union. __________________ 14 Communication from the Commission to the European Parliament and the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank, COM(2015) 80 final.

Amendment 162 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Eugen FREUND, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Simona BONAFÈ, Edouard MARTIN

Proposal for a regulation
Recital 6 a (new)

(6a) Energy efficiency first is a central principle of the Energy Union strategy. It is the most effective way to cut emissions, bring savings to consumers, protect the most vulnerable, and reduce the EU's fossil fuel import dependency. First and foremost, security of supply means minimising the Union's gas dependency by becoming more energy efficient. For every 1% improvement in energy efficiency, EU gas imports fall by 2.6%. Policies and measures to reduce gas consumption by improving energy efficiency, particularly in buildings, should therefore be included in preventive action plans.

Amendment 163 #

Xabier BENITO ZILUAGA, Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS, Sofia SAKORAFA

Proposal for a regulation
Recital 6 a (new)

(6a) Energy efficiency measures has a fundamental role to play towards a secure energy system. Reduced gas consumption should be a priority to insure Europe's energy sovereignty and secure gas supply.

Amendment 164 #

Proposal for a regulation
Recital 7

(7) An internal gas market ~~that operates smoothly~~supervised by national regulatory authorities is the best guarantee of security of energy supply across the Union and to reduce the exposure of individual Member States to the harmful effects of supply disruptions. Where a Member State's security of supply is threatened, there is a risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in oTo allow ther Members States~~. To allow the internal gas market to function even in the face of~~ to cope with a shortage of supply, provision must be made for solidarity and coordination in the response to supply crises, as regards both preventive action and the reaction to actual disruptions of supply.

Amendment 165 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Martina WERNER, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Simona BONAFÈ, Dan NICA

Proposal for a regulation
Recital 7

(7) A~~n internal gas market that operates smoothly is the best guarantee of~~ well-interconnected and well- functioning internal gas market, free of "energy islands", is the best means by which to ensure security of ~~energy~~gas supply across the Union ~~and to~~while reduceing the exposure of individual Member States to ~~the~~ harmful effects of supply disruptions. Where a Member State's security of gas supply is threatened, there is a risk that measures developed unilaterally by that Member State may ~~jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other Member State~~damage gas supply to customers in other Member States, negatively affecting the proper functioning of the internal gas market and causing costly stranded assets. To allow the internal gas market to function even in the face of a shortage of supply, provision must be made for solidarity and coordination ~~in the response to supply crises,~~at regional and Union level as regards both preventive action and ~~the~~ reaction to actual disruptions of supply.

Amendment 166 #

Proposal for a regulation
Recital 7

(7) An internal gas market that operates smoothly and in accordance with market principles, competition rules and the legislation and principles laid down in the Third Energy Package, as well as the aims and visions of the Energy Union, is the best guarantee of security of energy supply across the Union and to reduce the exposure of individual Member States to the harmful effects of supply disruptions. Where a Member State's security of supply is threatened, there is a risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other Member States. To allow the internal gas market to function even in the face of a shortage of supply, provision must be made for solidarity and coordination in the response to supply crises, as regards both preventive action and the reaction to actual disruptions of supply.

Amendment 167 #

Pavel TELIČKA, Kaja KALLAS, Gerben-Jan GERBRANDY, Morten PETERSEN, Fredrick FEDERLEY

Proposal for a regulation
Recital 7

(7) An internal gas market that operates smoothly is, together with an energy system strongly oriented towards continuous improvement of efficiency and reduction of demand, are the best guarantees of security of energy supply across the Union and to reduce the exposure of individual Member States to the harmful effects of supply disruptions, both source- determined and transit-determined. Where a Member State's security of supply is threatened, there is a risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other Member States. To allow the internal gas market to function even in the face of a shortage of supply, provision must be made for solidarity and coordination in the response to supply crises, as regards both preventive action and the reaction to actual disruptions ~~of supply~~.

Amendment 168 #

Proposal for a regulation
Recital 7

(7) An internal gas market that operates smoothly is the best guarantee of security of energy supply across the Union and to reduce the exposure of individual Member States to the harmful effects of supply disruptions. Where a Member State's security of supply is threatened, there is a risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other Member States. To allow the internal gas market to function even in the face of a shortage of supply, provision must be made for solidarity and coordination in the response to ~~supply cris~~long term severe supply shortages, as regards both preventive action and the reaction to actual disruptions of supply. These goals have to respect to the highest degree possible market economy principles.

Amendment 169 #

Proposal for a regulation
Recital 7

(7) AnEliminating energy islands, and an effectively interconnected internal gas market that operates smoothly is, are the best guarantees of security of energy supply and energy sustainability across the Union and to reduce the exposure of individual Member States to the harmful effects of supply disruptions. Where a Member State’s security of supply is threatened, there is a risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other Member States. To allow the internal gas market to function even in the face of a shortage of supply, provision must be made for solidarity and coordination in the response to supply crises, as regards both preventive action and the reaction to actual disruptions of supply.

Amendment 170 #

Proposal for a regulation
Recital 7

(7) An internal gas market that operates smoothly is the best guarantee of security of energy supply across the Union and to reduce the exposure of individual Member States to the harmful effects of supply disruptions. Where a Member State's security of supply is threatened, there is a risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other Member States. To allow the internal gas market to function even in the face of a shortage of supply, provision must be made for solidarity and coordination in the response to supply crises, as regards ~~both~~ preventive action ~~and the reaction to actual disruptions of supply~~.

Amendment 171 #

Proposal for a regulation
Recital 7

(7) An inter~~nal~~-State gas market that operates smoothly is the best guarantee of security of energy supply across the Union and to reduce the exposure of individual Member States to the harmful effects of supply disruptions. Where a Member State's security of supply is threatened, there is a risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the inter~~nal~~-State gas market and damage the gas supply to customers in other Member States. To allow the inter~~nal~~-State gas market to function even in the face of a shortage of supply, provision must be made for solidarity and coordination in the response to supply crises, as regards both preventive action and the reaction to actual disruptions of supply.

Amendment 172 #

Proposal for a regulation
Recital 7

(7) An internal gas market that operates smoothly ~~is the best~~can offer a good guarantee of security of energy supply across the Union and to reduce the exposure of individual Member States to the harmful effects of supply disruptions. Where a Member State's security of supply is threatened, there is a risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other Member States. To allow the internal gas market to function even in the face of a shortage of supply, provision must be made for solidarity and coordination in the response to supply crises, as regards both preventive action and the reaction to actual disruptions of supply.

Amendment 173 #

Proposal for a regulation
Recital 7

(7) An internal gas market that operates smoothly is the best guarantee of security of energy supply across the Union, a~~nd to reduce~~s it lessens the exposure of individual Member States to the harmful effects of supply disruptions. Wheren a Member State's security of supply is threatened, there is a risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other Member States. To allow the internal gas market to function even in the face of a shortage of supply, provision must be made for solidarity and coordination in the response to supply crises, as regards both preventive action and the reaction to actual disruptions of supply.

Amendment 174 #

Pavel TELIČKA, Gerben-Jan GERBRANDY, Kaja KALLAS, Morten PETERSEN, Carolina PUNSET, Fredrick FEDERLEY

Proposal for a regulation
Recital 7 a (new)

(7a) A truly interconnected internal energy market with multiple entry points and reverse flows can only be created by fully interconnecting its gas grids, by building up LNG hubs in Southern and Eastern Europe, by completing the North- South and Southern Gas corridors and by further developing indigenous production; therefore an accelerated development of interconnectors and projects aimed at diversifying supply sources as already shortlisted in the Energy Security Strategy is necessary.

Amendment 175 #

Proposal for a regulation
Recital 7 a (new)

(7a) The Union and the Member States should aim at diversification of energy sources, supply routes and suppliers fully in line with the EU law and policies and thus avoid projects which, while maybe addressing the interests of some Member States, have negative implications on energy security of other Member States, the Union and its partners. Projects not meeting these objectives should not be financed by the EU.

Amendment 176 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Eugen FREUND, Carlos ZORRINHO, Miroslav POCHE, Monika SMOLKOVÁ, Jude KIRTON-DARLING

Proposal for a regulation
Recital 8

(8) So far, the potential ~~for~~of regional cooperation to introduce more efficient and less costly measures ~~through regional cooperation~~ has not been fully exploited. This ~~has to do not only with~~applies to better coordination of national mitigation actions in emergency situations~~, but also of~~ as well as to national preventive measures, such as improved energy efficiency, national storage or policies related to liquefied natural gas (LNG), which can be strategically important in certain regions.

Amendment 177 #

Proposal for a regulation
Recital 8

(8) So far, the potential for more efficient and ~~less costly~~better balanced preventive measures through regional cooperation has not been fully exploited. This has to do not only with better coordination of national mitigation actions in emergency situations, but ~~also of national preventive measures, such as national storage~~especially with a more coordinated, systemic design of national preventive measures, such as energy efficiency and demand reduction plans, national storage, alternative connections and transit routes, plans for covering with electricity part of the energy demand usually met with gas, or policies related to liquefied natural gas (LNG), which can be strategically important in certain regions.

Amendment 178 #

Flavio ZANONATO

Proposal for a regulation
Recital 8

(8) So far, the potential ~~for~~of regional and inter-regional cooperation to introduce more efficient and less costly measures through regional and inter-regional cooperation has not been fully exploited. This ~~has to do not only with~~applies to better coordination of national mitigation actions in emergency situations, ~~but also of~~as well as national preventive measures, such as improved energy efficiency, national storage or policies related to liquefied natural gas (LNG), which can be strategically important in certain regions.

Amendment 179 #

Flavio ZANONATO

Proposal for a regulation
Recital 8

Amendment 180 #

Proposal for a regulation
Recital 8 a (new)

(8a) Regional approaches both among Member States and with the Energy Community Contracting Parties will speed up market integration, including through the creation of regional hubs to enhance market liquidity; such cooperation mechanisms could streamline political and energy market co-operation and facilitate joint decisions on essential gas infrastructure investment in the regions; knowledge and information could be developed jointly on issues such as energy storage facilities, and tendering processes for LNG and interconnectors.

Amendment 181 #

Pavel TELIČKA, Kaja KALLAS, Gerben-Jan GERBRANDY, Morten PETERSEN, Carolina PUNSET, Lieve WIERINCK, Fredrick FEDERLEY

Proposal for a regulation
Recital 9

(9) In a spirit of respect to market economy principles, solidarity, regional cooperation, which involv~~ing~~es both public authorities and natural gas undertakings~~, should be~~ is the guiding principle of this Regulation, towith the aim of identifying the relevant risks in each region ~~and~~, optimiseing the benefits of coordinated measures to mitigate them ~~and to implement the most cost-effective measures for Union consumer~~, while ensuring that the measures are cost-effective for customers. Regional cooperation should gradually be complemented with a stronger Union perspective, allowing recourse to all available supplies and tools in the entire internal gas market. This could be facilitated by providing in-depth analysis and forecast at Union level on the relevant current and future Emergency Supply Corridors, based on gas supply sources common for a group of Member States.

Amendment 182 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Martina WERNER, Eugen FREUND, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Monika SMOLKOVÁ, Jude KIRTON-DARLING, Dan NICA, Edouard MARTIN

Proposal for a regulation
Recital 9

(9) In a spirit of solidarity, regional cooperation, which involv~~ing~~es both public authorities and natural gas undertakings~~, should be~~ is the guiding principle of this Regulation, towith the aim of identifying the relevant risks in each region ~~and~~, optimiseing the benefits of coordinated measures to mitigate them ~~and to imp~~, whilem en~~t the most cost-effective measures for Union consumer~~suring that the measures are cost-effective for customers and ensuring affordable energy prices for citizens. This could be facilitated by providing in-depth analysis at Union level on the relevant Emergency Supply Corridors, based on gas supply sources common for a group of Member States.

Amendment 183 #

Proposal for a regulation
Recital 9

(9) In a spirit of solidarity, regional cooperation, involving both public authorities and natural gas undertakings, should be the guiding principle of this ~~Regulation~~Directive, to identify the relevant risks in each region and optimise the benefits of coordinated measures to mitigate them and to implement the most cost-effective measures for Union consumers.

Amendment 184 #

Proposal for a regulation
Recital 9

(9) In a spirit of solidarity, enhanced regional cooperation, involving both public authorities and natural gas undertakings, should be the guiding principle of this Regulation, to identify the relevant risks in each region and optimise the benefits of coordinated measures to mitigate them and to implement the most ~~cost-effective~~balanced measures for Union consumers.

Amendment 185 #

Proposal for a regulation
Recital 9

Amendment 186 #

Proposal for a regulation
Recital 9

Amendment 187 #

Proposal for a regulation
Recital 9

Amendment 188 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Simona BONAFÈ, Dan NICA, Edouard MARTIN

Proposal for a regulation
Recital 9 a (new)

(9a) In a spirit of system integration, cooperation between electricity and gas authorities and undertakings should be another guiding principle of this regulation, to identify the relevant synergies between gas and electricity system development and operation, and optimise the benefits of coordinated approaches to implementing the most cost-effective measures for EU consumers.

Amendment 189 #

Carlos ZORRINHO

Proposal for a regulation
Recital 9 a (new)

(9a) The added value of Iberian gas must be taken into account given its unleashed potential to enhance the security of gas supply.

Amendment 190 #

Proposal for a regulation
Recital 10

(10) Certain customers, including households and ~~customer~~institutions or agencies providing essential social services, are particularly vulnerable to crises and may need social protection. A definition of such protected customers should not conflict with the Union solidarity mechanisms; on the contrary, it is essential in order to implement the principles of solidarity and trust in a meaningful way.

Amendment 191 #

Pavel TELIČKA, Lieve WIERINCK

Proposal for a regulation
Recital 10

Amendment 192 #

Theresa GRIFFIN, Martina WERNER, Zigmantas BALČYTIS, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Edouard MARTIN

Proposal for a regulation
Recital 11

(11) Responsibility for security of gas supply should be shared by natural gas undertakings, Member States, acting through their competent authorities; and the Commission, within their respective remits. Such shared responsibility requires very close cooperation between th~~ese parties~~ose parties as well as, where appropriate, with electricity undertakings in cases where they can provide an alternative source of energy or serve to decrease the gas demand. However, customers using gas for electricity generation or industrial purposes may also have an important role to play in security of gas supply, as they can respond to a crisis by taking demand-side measures such as interruptible contracts and fuel switching, which have an immediate impact on the supply~~/demand balance.~~ -demand balance. These would be most effective if taken as an addition to longer-term energy efficiency measures to reduce gas demand for heating and cooling in buildings, as well as improved industrial processes that lead to reduced gas demand. Security of gas supply to customers using gas for electricity generation or industrial purposes may also be considered to be essential in some cases. They could be granted a certain level of protection by ensuring that during an emergency they are among the last consumers to forego supply. Member States should be able to provide for this possibility when identifying the supply restrictions orders to be applied in the case of an emergency.

Amendment 193 #

Proposal for a regulation
Recital 11

Amendment 194 #

Proposal for a regulation
Recital 11

(11) Responsibility for security of gas supply should be shared by natural gas undertakings, and Member States, acting through their competent authorities~~; and the Commission, within their respective remits~~. Such shared responsibility requires very close cooperation between these parties. However, customers using gas for electricity generation or industrial purposes may also have an important role to play in security of gas supply, as they can respond to a crisis by taking demand-side measures such as interruptible contracts and fuel switching, which have an immediate impact on the supply/demand balance.

Amendment 195 #

Proposal for a regulation
Recital 11

Amendment 196 #

Xabier BENITO ZILUAGA, Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS

Proposal for a regulation
Recital 11

Amendment 197 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Eugen FREUND, José BLANCO LÓPEZ, Soledad CABEZÓN RUIZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Simona BONAFÈ, Edouard MARTIN

Proposal for a regulation
Recital 11 a (new)

(11a) Responsibility for the development of sustainable, affordable and secure energy and in particular for the delivery of the EU's climate and energy objectives is shared by Member States and the Commission.

Amendment 198 #

Proposal for a regulation
Recital 13

(13) The infrastructure standard should oblige Member States to maintain a minimum level of infrastructure such as to ensure a degree of redundancy in the system in the event of a disruption of the single largest infrastructure. As an analysis by reference to the N-1 indicator constitutes a purely capacity-based- approach, the results of N-1 should be complemented with a detailed analysis that also captures gas flowslimit redundancy and also take in consideration gas consumption's trends (The European gas demand has declined by 14% since 2000 and by 23% since 2010) and impacts of energy efficiency policies (the European Union gas imports fall by 2.6% for every 1% improvement in energy efficiency according to COM(2014)520) in order to limit the risk of stranded assets and a new carbon lock- in.

Amendment 199 #

Proposal for a regulation
Recital 13

(13) The infrastructure standard should ~~obli~~encourage Member States to maintain a minimum level of infrastructure such as to ensure a degree of redundancy in the system in the event of a disruption of the single largest infrastructure. As an analysis by reference to the N-1 indicator constitutes a purely capacity-based- approach, the results of N-1 should be complemented with a detailed analysis that also captures gas flows.

Amendment 200 #

Seán KELLY

Proposal for a regulation
Recital 13 a (new)

(13a) Security of supply at Member State level will be enhanced through improved diversification of supplies and cross- border flows. Member States should seek to diversify supply as a matter of priority where dependency on single supply points occur.

Amendment 201 #

Proposal for a regulation
Recital 14

(14) Regulation (EU) No 994/2010 requires transmission system operators to enable permanent bi-directional capacity on all cross-border interconnections unless an exemption has been granted from this obligation. It aims to ensure that the possible benefits of permanent bi- directional capacity are always taken into account when a new interconnector is planned. However, bi-directional capacity can be used to supply gas both to the neighbouring Member State and to others along the gas supply corridor. The benefits for security of supply of enabling permanent bi-directional capacity thus need to be seen in a broader perspective, in a spirit of solidarity and enhanced cooperation. A cost-benefit analysis that takes account of the whole transportation corridor should therefore be conducted when considering whether to implement bi- directional capacity. ~~The competent authorities should accordingly be required to re-examine the exemptions granted under Regulation (EU) 994/2010 on the basis of the results of the regional risk assessments.~~

Amendment 202 #

Pavel TELIČKA, Gerben-Jan GERBRANDY, Morten PETERSEN, Carolina PUNSET, Lieve WIERINCK, Fredrick FEDERLEY

Proposal for a regulation
Recital 14

Amendment 203 #

Proposal for a regulation
Recital 14

(14) Regulation (EU) No 994/2010 requires transmission system operators to enable permanent bi-directional capacity on all cross-border interconnections unless an exemption has been granted from this obligation. It aims to ensure that the possible benefits of permanent bi- directional capacity are always taken into account when a new interconnector is planned. However, bi-directional capacity can be used to supply gas both to the neighbouring Member State and to others along the gas supply corridor. The benefits for security of supply of enabling permanent bi-directional capacity thus need to be seen in a broader perspective, in a spirit of solidarity and enhanced cooperation. A cost-benefit analysis that takes account of the whole transportation corridor should ~~therefore~~ be conducted when considering whether to implement bi- directional capacity. The competent authorities should ~~accordingly~~ be required to re- examine the exemptions granted under Regulation (EU) 994/2010 on the basis of the results of the regional risk assessments. The overall objective should be to have a growing bi-directional capacity and keep one-directional capacity future cross- border projects to the minimum.

Amendment 204 #

Proposal for a regulation
Recital 14

(14) Regulation (EU) No 994/2010 requires transmission system operators to enable permanent bi-directional capacity on all cross-border interconnections unless an exemption has been granted from this obligation. It aims to ensure that the possible benefits of permanent bi- directional capacity are always taken into account when a new interconnector is planned. However, bi-directional capacity can be used to supply gas both to the neighbouring Member State and to others along the gas supply corridor. The benefits for security of supply of enabling permanent bi-directional capacity thus need to be seen in a broader perspective, in a spirit of solidarity and enhanced cooperation. A comprehensive cost-benefit analysis, duly encompassing major externalities, that takes account of the whole transportation corridor should therefore be conducted when considering whether to implement bi- directional capacity. The competent authorities should accordingly be required to re-examine the exemptions granted under Regulation (EU) 994/2010 on the basis of the results of the regional risk assessments.

Amendment 205 #

Proposal for a regulation
Recital 15

Amendment 206 #

Proposal for a regulation
Recital 15

(15) Council Directive 2008/114/EC16 lays down a process with a view to enhancing the security of designated European critical infrastructure, including certain gas infrastructure, in the Union. Directive 2008/114/EC together with this ~~Regulation~~Directive contributes to creating a comprehensive approach to the energy security of the Union. __________________ 16 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 protection (OJ L 345, 23.12.2008, p. 75).

Amendment 207 #

Proposal for a regulation
Recital 16

(16) The Regulation lays down security of supply standards that are sufficiently harmonised and cover at least the situation that occurred in January 2009 when, gas ~~supply from Russia was disrupted~~a consequence of the unpaid accumulated debt for previous gas supplies of the national Ukrainian gas and oil company, and after a series of failed negotiations, Russia cut off supplies to Ukraine. These standards take account of the difference between Member States, public service obligations and customer protection measures, as referred to in Article 3 of Directive 2009/73/EC. Security of supply standards, combining analysis of source- based and transit-based dimensions, should be stable, so as to provide the necessary legal certainty, should be clearly defined, and should not impose unreasonable and disproportionate burdens on natural gas undertakings. They should also guarantee equal access for the Union natural gas undertakings to national customers.

Amendment 208 #

Proposal for a regulation
Recital 16

(16) The Regulation lays down security of supply standards that are sufficiently harmonised and cover at least the situation that occurred in January 2009 when gas supply from Russia was disrupted. These standards take account of the difference between Member States, public service obligations and customer protection measures, as referred to in Article 3 of Directive 2009/73/EC. Security of supply standards should be stable, so as to provide the necessary legal certainty, should be clearly defined, and should not impose unreasonable and disproportionate burdens on natural gas undertakings. They should also guarantee equal access for the Union natural gas undertakings to national customers.

Amendment 209 #

Proposal for a regulation
Recital 16

(16) The ~~Regulation~~Directive lays down security of supply standards that are sufficiently harmonised and cover at least the situation that occurred in January 2009 when gas supply from Russia was disrupted. These standards take account of the difference between Member States, public service obligations and customer protection measures, as referred to in Article 3 of Directive 2009/73/EC. Security of supply standards should be stable, so as to provide the necessary legal certainty, should be clearly defined, and should not impose unreasonable and disproportionate burdens on natural gas undertakings. They should also guarantee equal access for the Union natural gas undertakings to national customers.

Amendment 210 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Jude KIRTON-DARLING, Patrizia TOIA, Flavio ZANONATO, Miroslav POCHE, Dan NICA

Proposal for a regulation
Recital 17

(17) A regional approach to assessing risks and defining and adopting preventive and mitigating measures enables efforts to be coordinated, bringing significant benefits in terms of the effectiveness of measures and optimisation of resources. This applies particularly to measures designed to guarantee a continued supply, under very demanding conditions, to protected customers, and to measures to mitigate the impact of an emergency. Assessing correlated risks at regional level, taking both gas and electricity systems into account, which is both more comprehensive and more precise, will ensure that Member States are better prepared for any crises. Moreover, in an emergency, a coordinated and pre-agreed approach to security of supply ensures a consistent response and reduces the risk of negative spill-over effects that purely national measures could have in neighbouring Member States. As preparation for a coordinated and pre- agreed approach, it is important that Member States, have also assessed and implemented the cost-effective demand reduction measures available in their areas, especially for the reduction of heating and cooling demand in buildings, but also by improving industrial processes using gas. The regional approach should not lift the responsibility from individual Member States to comply with their national security of supply standards, and should not prevent inter-regional cooperation outside the regions established in Annex I of this Regulation.

Amendment 211 #

Proposal for a regulation
Recital 17

(17) A regional approach to assessing risks and defining and adopting preventive and mitigating measures enables efforts to be coordinated, bringing significant benefits in terms of the effectiveness of measures and optimisation of resources. This applies particularly to measures designed to guarantee a continued supply, under very demanding conditions, to protected customers, and to measures to mitigate the impact of an emergency. Assessing correlated risks at regional level, which is both more comprehensive and more precise, will ensure that Member States are better prepared for any crises. Moreover, in an emergency, a coordinated and pre-agreed approach to security of supply ensures a consistent response and reduces the risk of negative spill-over effects that purely national measures could have in neighbouring Member States. As preparation for a coordinated and pre- agreed approach, it is important that Member States, have also assessed and implemented the cost-effective demand reduction measures available in their areas, especially for the reduction of heating and cooling demand in buildings, but also by improving industrial processes using gas.

Amendment 212 #

Proposal for a regulation
Recital 17

(17) A regional approach to assessing risks and defining and adopting preventive and mitigating measures enables efforts to be coordinated, bringing significant benefits in terms of the effectiveness of measures and optimisation of resources. This applies particularly to measures designed to guarantee a continued supply, under very demanding conditions, to protected customers, and to measures to mitigate the impact of an emergency. Assessing correlated risks at regional level, which is both more comprehensive and more precise, will ensure that Member States are better prepared for any crises. For each Member State, its regional grouping membership should not preclude it from addressing specific security of supply risks more relevant to its direct or indirect connection with an adjacent other Member State in a different regional grouping via the arrangements agreed by that grouping. Moreover, in an emergency, a coordinated and pre-agreed approach to security of supply ensures a consistent response and reduces the risk of negative spill-over effects that purely national measures could have in neighbouring Member States.

Amendment 213 #

Proposal for a regulation
Recital 17

(17) A flexible regional approach to assessing risks and defining and adopting preventive and mitigating measures enables efforts to be coordinated, bringing significant benefits in terms of the effectiveness of measures and optimisation of resources. This applies particularly to measures designed to guarantee a continued supply, under very demanding conditions, to protected customers, and to measures to mitigate the impact of an emergency. Assessing correlated risks at regional level, which is both more comprehensive and more precise, will ensure that Member States are better prepared for any crises, including where appropriate through membership of more than one region, where such regions are to be established in accordance with specific risks identified in national risks assessments. Moreover, in an emergency, a coordinated and pre-agreed approach to security of supply ensures a consistent response and reduces the risk of negative spill-over effects that purely national measures could have in neighbouring Member States.

Amendment 214 #

Pavel TELIČKA, Angelika MLINAR, Kaja KALLAS, Morten PETERSEN, Carolina PUNSET

Proposal for a regulation
Recital 17

Amendment 215 #

Proposal for a regulation
Recital 18

(18) The regions are to be defined, as far as possible, on the basis of existing regional cooperation structures set up by the Member States and the Commission, in particular the regional groups set up under Regulation (EU) 347/2013 on guidelines for trans-European energy infrastructure17 (the TEN-E Regulation). However, since this Regulation and the TEN-E Regulation have different aims, the respective regional groups may differ in size and design. __________________ 17Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulation (EC) No 713/2009, (EC) 714/2009 and (EC) No 715/2009 (OJ EU L 115 of 25.4.2013, p. 39).deleted

Amendment 216 #

Proposal for a regulation
Recital 18

(18) The regions are to be defined, as far as possible, on the basis of existing regional cooperation structures set up by the Member States and the Commission, in particular the regional groups set up under Regulation (EU) 347/2013 on guidelines for trans-European energy infrastructure17 (the TEN-E Regulation). However, since this Regulation and the TEN-E Regulation have different aims, the respective regional groups may differ in size and design. __________________ 17Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulation (EC) No 713/2009, (EC) 714/2009 and (EC) No 715/2009 (OJ EU L 115 of 25.4.2013, p. 39).deleted

Amendment 217 #

Proposal for a regulation
Recital 18

(18) The regions ~~are to be defined, as far as possible, on the basis of~~should be inspired in existing regional cooperation structures set up by the Member States and the Commission, in particular the regional groups set up under Regulation (EU) 347/2013 on guidelines for trans-European energy infrastructure17 ~~(the TEN-E Regulation). However, since this Regulation and the TEN-E Regulation have different aims, the respective regional groups may differ in size and design. __________________ 17~~ , allowing for justified differences in group size or design, and for a pragmatic evolution of the definition of regions. The elasticity of the cooperation structures must be able to accommodate the needs of both Member States not sharing a border but included in the same region, and Member States sharing a border but not included in the same region. __________________ 17 Regulation (EU) No 347/2013 of the Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulation (EC) No 713/2009, (EC) 714/2009 and (EC) No 715/2009 (OJ EU L 115 of 25.4.2013, p. 39).

Amendment 218 #

Pavel TELIČKA, Angelika MLINAR, Morten PETERSEN, Lieve WIERINCK

Proposal for a regulation
Recital 18

(18) The regions are to be defined, as far as possible, on the basis of existing regional cooperation structures set up by the Member States and the Commission, in particular the regional groups set up under Regulation (EU) 347/2013 on guidelines for trans-European energy infrastructure17 (the TEN-E Regulation). However, since this Regulation and the TEN-E Regulation have different aims, the respective regional groups may differ in size and design, also depending on the entity and the nature of the supply disruption. __________________ 17 Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulation (EC) No 713/2009, (EC) 714/2009 and (EC) No 715/2009 (OJ EU L 115 of 25.4.2013, p. 39).

Amendment 219 #

Proposal for a regulation
Recital 18

(18) The regions ~~are to~~should be defined, on a bottom up basis as far as possible, on the basis of existing regional cooperation structures set up by the Member States and the Commission, in particular the regional groups set up under Regulation (EU) 347/2013 on guidelines for trans-European energy infrastructure17 (the TEN-E Regulation). However, since this Regulation and the TEN-E Regulation have different aims, the respective regional groups may differ in size and design. __________________ 17 Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulation (EC) No 713/2009, (EC) 714/2009 and (EC) No 715/2009 (OJ EU L 115 of 25.4.2013, p. 39).

Amendment 220 #

Proposal for a regulation
Recital 18

(18) The regions are to be defined on voluntary basis, as far as possible, on the basis of existing regional cooperation structures set up by the Member States and the Commission, in particular the regional groups set up under Regulation (EU) 347/2013 on guidelines for trans-European energy infrastructure17 (the TEN-E Regulation). However, since this Regulation and the TEN-E Regulation have different aims, the respective regional groups may differ in size and design. __________________ 17 Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulation (EC) No 713/2009, (EC) 714/2009 and (EC) No 715/2009 (OJ EU L 115 of 25.4.2013, p. 39).

Amendment 221 #

Proposal for a regulation
Recital 18

(18) The regions are to be defined~~, as far as possible,~~ on the basis of existing regional cooperation structures set up by the Member States ~~and the Commission~~, in particular the regional groups set up under Regulation (EU) 347/2013 on guidelines for trans-European energy infrastructure17 (the TEN-E Regulation). However, since this ~~Regulation~~Directive and the TEN-E Regulation have different aims, the respective regional groups may differ in size and design. __________________ 17 Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (OJ L 115 of, 25.4.2013, p. 39).

Amendment 222 #

Proposal for a regulation
Recital 19

(19) For the purpose of this Regulation, the following criteria should therefore be taken into account when defining the regional groups: supply patterns, existing and planned interconnections and interconnection capacity between Member States, market development and maturity, existing regional cooperation structures, and the number of Member States in a region, which should be limited to ensure that the group remains of a manageable size.deleted

Amendment 223 #

Proposal for a regulation
Recital 19

(19) For the purpose of this Regulation, the following criteria should therefore be taken into account when defining the regional groups: supply patterns, existing and planned interconnections and interconnection capacity between Member States, market development and maturity, existing regional cooperation structures, and the number of Member States in a region, which should be limited to ensure that the group remains of a manageable size.deleted

Amendment 224 #

Flavio ZANONATO

Proposal for a regulation
Recital 19

(19) For the purpose of this Regulation, the following criteria should therefore be taken into account when ~~defin~~establishing the regional groups: supply patterns, supply and energy demand patterns, existing and planned interconnections and interconnection capacity between Member States both for electricity and gas, market development and maturity, existing regional cooperation structures, ~~and~~the level of diversification of gas routes sources of gas supply, the number of Member States in a region, which should be limited to ensure that the group remains of a manageable size, as well as the potential for inter-regional cooperation.

Amendment 225 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Carlos ZORRINHO, Miroslav POCHE, Eugen FREUND, Jude KIRTON-DARLING, Dan NICA

Proposal for a regulation
Recital 19

(19) For the purpose of this Regulation, the following criteria should therefore be taken into account when ~~defin~~establishing the regional groups: supply patterns, supply and energy demand patterns, existing and planned interconnections and interconnection capacity between Member States for both electricity and gas, market development and maturity, existing regional cooperation structures, the level of diversification of gas routes sources of gas supply, and the number of Member States in a region, which should be limited to ensure that the group remains of a manageable size.

Amendment 226 #

Proposal for a regulation
Recital 19

(19) For the purpose of this Regulation, the following criteria should therefore be taken into account when defining the regional groups: supply ~~patterns~~and energy demand patterns, potentials for reducing this demand regionally through co- ordinated national energy efficiency measures, especially in buildings and in industry, existing and planned interconnections and interconnection capacity between Member States, market development and maturity, existing regional cooperation structures, and the number of Member States in a region, which should be limited to ensure that the group remains of a manageable size.

Amendment 227 #

Proposal for a regulation
Recital 19

(19) For the purpose of this Regulation, the following criteria should therefore be taken into account when defining the regional groups: supply patterns, existing direct and indirect interconnections across a third country, existing and planned interconnections and interconnection capacity between Member States, market development and maturity, existing regional cooperation structures, and the number of Member States in a region, which should be limited to ensure that the group remains of a manageable size.

Amendment 228 #

Proposal for a regulation
Recital 19

(19) For the purpose of this Regulation, the following criteria should therefore be taken into account when defining the regional groups: supply patterns, existing and planned interconnections ~~and~~, interconnection capacity between Member States, existing interconnections across non-EU States, market development and maturity, existing regional cooperation structures, and the number of Member States in a region, which should be limited to ensure that the group remains of a manageable size.

Amendment 229 #

Proposal for a regulation
Recital 19

(19) For the purpose of this Regulation, the following criteria should therefore be taken into account when defining the regional groups: supply patterns, existing and planned interconnections and interconnection capacity between Member States in the same interconnected system, market development and maturity, existing regional cooperation structures, and the number of Member States in a region, which should be limited to ensure that the group remains of a manageable size.

Amendment 230 #

Pavel TELIČKA, Angelika MLINAR, Morten PETERSEN, Carolina PUNSET, Lieve WIERINCK, Fredrick FEDERLEY

Proposal for a regulation
Recital 19

(19) For the purpose of this Regulation, the following criteria should therefore be taken into account when defining the regional groups: supply patterns, existing and planned interconnections and interconnection capacity between Member States, market development and maturity, existing regional cooperation structures, energy mix of the Member States, and the number of Member States in a region, which should be limited to ensure that the group remains of a manageable size.

Amendment 231 #

Proposal for a regulation
Recital 19

Amendment 232 #

Proposal for a regulation
Recital 19

(19) For the purpose of this Regulation, the following criteria should therefore be taken into account when ~~defining the~~ regional groups develop: supply patterns, existing and planned interconnections and interconnection capacity between Member States, market development and maturity, existing regional cooperation structures, and the number of Member States in a region, which should be limited to ensure that the group remains of a manageable size.

Amendment 233 #

Proposal for a regulation
Recital 19 a (new)

(19a) In order to create a sustainable, flexible internal energy market, greater interaction should be ensured between the electricity and gas systems so that, should the gas supply be disrupted, electricity or other alternative energy sources could be used instead.

Amendment 234 #

Proposal for a regulation
Recital 20

(20) In order to make the regional cooperation feasible, Member States ~~should~~belonging to every defined region should take prompt initiatives aimed to establishing a cooperation mechanism ~~within each region~~. Such mechanism or mechanisms should be developed with sufficient~~ly in~~ lead-time to allow for conducting the risk assessment and drawing up meaningful plans at regional level. Member States are free to agree on athe kind of cooperation mechanism best suited for atheir given region. The Commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies. In absence of an agreement on the cooperation mechanism, the Commission may propose a suitable cooperation mechanism for a given region.

Amendment 235 #

Proposal for a regulation
Recital 20

(20) In order to make the regional cooperation feasible, Member States connected directly or in certain circumstances indirectly through a non- EU Member State should establish a cooperation mechanism ~~within each region~~. Such mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans ~~at regional level~~. Member States are free to agree on a cooperation mechanism best suited for ~~a given region~~their grouping. The Commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role ~~within the region~~ for the preparation of the different documents or establishing dedicated bodies. In absence of an agreement on the cooperation mechanism, the Commission may propose a suitable cooperation mechanism for a g~~iven region.~~ roup of connected Member States.

Amendment 236 #

Proposal for a regulation
Recital 20

(20) In order to make the regional cooperation feasible, Member States directly connected, or in certain cases indirectly via a non-EU Member State, should establish a cooperation mechanism ~~within each region~~. Such mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans ~~at regional level~~. Member States are free to agree on a cooperation mechanism ~~best suited for a given region~~. The Commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role ~~within the region~~ for the preparation of the different documents or establishing dedicated bodies. In absence of an agreement on the cooperation mechanism, the Commission may propose a suitable cooperation mechanism for ~~a given region~~connected Member States.

Amendment 237 #

Proposal for a regulation
Recital 20

(20) In order to make the regional cooperation feasible, Member States should establish a cooperation mechanism within each region and in order to consider potential benefits from confining regions. Such mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans at regional level. Member States are free to agree on a cooperation mechanism best suited for a given region. The Commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies. In absence of an agreement on the cooperation mechanism, the Commission may propose a suitable cooperation mechanism for a given region.

Amendment 238 #

Proposal for a regulation
Recital 20

(20) In order to make the regional cooperation feasible, Member States, together with the Commission, should establish a cooperation mechanism within each region. Such a mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans at regional level. Member States are free to agree on a cooperation mechanism best suited for a given region. The Commission should have a facilitating role in the overall process and share best practisces for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies. In absence of an agreement on the cooperation mechanism, the Commission ~~may~~should propose a suitable cooperation mechanism for a given region.

Amendment 239 #

Proposal for a regulation
Recital 20

(20) In order to make the regional cooperation feasible, Member States should establish a cooperation mechanism within each region. Such mechanism or mechanisms should be developed sufficiently ~~in time~~early enough to allow for conducting the risk assessment and drawing up ~~meaningful~~concrete plans at regional level. Member States are free to agree on a cooperation mechanism best suited for a given region. The Commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies. In absence of an agreement on the cooperation mechanism, the Commission may propose a suitable cooperation mechanism for a given region.

Amendment 240 #

Proposal for a regulation
Recital 20

(20) In order to make the regional cooperation feasible, Member States should establish a cooperation mechanism within each region. Such mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans at regional level. Member States are free to agree on a cooperation mechanism best suited for a given region. The Commission should have a facilitating role in the overall process and share best practises ~~for arranging~~in the context of regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies. In absence of an agreement on the cooperation mechanism, the Commission may propose a suitable cooperation mechanism for a given region.

Amendment 241 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Simona BONAFÈ, Dan NICA

Proposal for a regulation
Recital 21

(21) When conducting a comprehensive risk assessment to be prepared at regional level, competent authorities should assess natural, technological, infrastructural, commercial, financial, social, political ~~and~~, geopolitical, environmental, climate, market- related ~~risks~~, and any other relevant ~~one~~risks, including, where appropriate, ~~the~~ disruption of ~~the~~ supplies from ~~the single larges~~dominant suppliers. All risks should be addressed by effective, proportionate and non- discriminatory measures to be developed in ~~the~~ preventive action plan and ~~the~~ emergency plan and include both demand-side as well as supply-side measures. The results of the risk assessments should also contribute to the all ~~hazard~~ risk assessments ~~foreseen under a~~provided for in Article 6 of Decision No 1313/2013/EU18 of the European Parliament and of the Council. __________________ 18 Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 24).

Amendment 242 #

Pavel TELIČKA, Angelika MLINAR, Morten PETERSEN, Carolina PUNSET, Lieve WIERINCK, Fredrick FEDERLEY

Proposal for a regulation
Recital 21

(21) When conducting a comprehensive risk assessment to be prepared at regional level, competent authorities should assess natural, technological, commercial, financial, social, political, geopolitical, environmental, climate and market- related risks, and any other relevant ones, including gas consumption trends, energy efficiency policies and, where appropriate, the disruption of the supplies from the single largest supplier. All risks should be addressed by effective, proportionate and non-discriminatory measures to be developed in the preventive action plan and the emergency plan, and include measures on the gas demand side as well as on the gas supply side. The impacts of gas on climate change require a clear timeline and strategy to phase out its use by 2050, which should be integrated in the preventive action plan. The results of the risk assessments should also contribute to the all hazard risk assessments foreseen under article 6 of Decision No 1313/2013/EU18 . __________________ 18 Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 24).

Amendment 243 #

Proposal for a regulation
Recital 21

(21) When conducting a comprehensive risk assessment to be prepared at regional level, competent authorities should assess natural, technological, infrastructural, commercial, financial, social, political and market- related risks, and any other relevant ones, including, where appropriate, the disruption of the supplies from the single largest supplier. All risks should be addressed by effective, proportionate and non-discriminatory measures to be developed in the preventive action plan and the emergency plan. These plans should be subject to a consultation process with the industry. The competent authorities should consider also the opportunities offered by decentralized, sustainable and affordable solutions, including biogas, as well as the EU-wide energy efficiency targets. The results of the risk assessments should also contribute to the all hazard risk assessments foreseen under article 6 of Decision No 1313/2013/EU18 . __________________ 18 Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 24).

Amendment 244 #

Proposal for a regulation
Recital 21

(21) When conducting a comprehensive risk assessment to be prepared at regional level, competent authorities should assess under a coordinated analysis model all main natural, technological, commercial, financial, social, ~~political~~environmental, political, community-related and market- related risks, and any other relevant ones~~, including~~. The analysis model should include, where appropriate, the disruption of the supplies from the single largest supplier, or the disruption of the most important transit ways. All risks should be addressed by effective, proportionate and non- discriminatory measures to be developed in the preventive action plan and the emergency plan. The results of the risk assessments should also contribute to the all hazard risk assessments foreseen under article 6 of Decision No 1313/2013/EU18 . __________________ 18 Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 24).

Amendment 245 #

Proposal for a regulation
Recital 21

(21) When conducting a comprehensive risk assessment to be prepared at regional level, competent authorities should assess natural, technological, commercial, financial, social, political and market- related risks, and any other relevant ones~~, including, where appropriate, the disruption of the supplies from the single largest supplier~~. All risks should be addressed by effective, proportionate and non-discriminatory measures to be developed in the preventive action plan and the emergency plan. The results of the risk assessments should also contribute to the all hazard risk assessments foreseen under article 6 of Decision No 1313/2013/EU18 . __________________ 18 Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 24).

Amendment 246 #

Proposal for a regulation
Recital 21

Amendment 247 #

Proposal for a regulation
Recital 21

(21) When conducting a comprehensive risk assessment to be prepared at regional level, competent authorities should assess natural, technological, commercial, financial, social, political and market- related risks, and any other relevant ones, including, where appropriate, the disruption of the supplies from the single largest supplier. All risks should be addressed by effective~~, proportionate and non-discriminatory~~ measures to be developed in the preventive action plan and the emergency plan. The results of the risk assessments should also contribute to the all hazard risk assessments foreseen under aArticle 6 of Decision No 1313/2013/EU.18 __________________ 18 Decision No 1313/2013/EU of the European pParliament and of the Council of 17 December 2013 on a Union Civil pProtection Mechanism (OJ L 347, 20.12.2013, p. 24).

Amendment 248 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Carlos ZORRINHO, Flavio ZANONATO, Miroslav POCHE, Jude KIRTON-DARLING, Edouard MARTIN

Proposal for a regulation
Recital 21

(21) When conducting a comprehensive risk assessment to be prepared at regional level, competent authorities should assess natural, technological, commercial, financial, social, ~~political~~ and market- related risks, and any other relevant ones, including, where appropriate, the disruption of the supplies from the single largest supplier. All risks should be addressed by effective, proportionate and non-discriminatory measures to be developed in the preventive action plan and the emergency plan. The results of the risk assessments should also contribute to the all hazard risk assessments foreseen under article 6 of Decision No 1313/2013/EU18 . __________________ 18 Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 24).

Amendment 249 #

Proposal for a regulation
Recital 22

(22) To provide input to the risk assessments, the European Network of Transmission System Operators for Gas ('ENTSO for gGas'), in consultation with the Gas Coordination Group and ~~with~~ the European Network of Transmission System Operators for Electricity ~~(ENTSO- E)~~, should carry out integrated Union-wide simulations similar to the stress test conducted in 2014. Such simulations should be updated at least every two years. A smarter integration of European gas and electricity systems and demand side management can significantly improve European resilience and energy security while decreasing investment in gas infrastructure. The Gas coordination group, the Union-wide simulations carried out by ENTSOG, national assessments, preventive and emergency action plans shall evolve to reflect the integration of energy systems.

Amendment 250 #

Xabier BENITO ZILUAGA, Neoklis SYLIKIOTIS, Sofia SAKORAFA

Proposal for a regulation
Recital 22

(22) To provide input to the risk assessments, the European Network of Transmission System Operators for Gas ('ENTSO for gas'), in consultation with the Gas Coordination Group and with the European Network of Transmission System Operators for Electricity (ENTSO- E), should carry out Union-wide simulations similar to the stress test conducted in 2014. Furthermore, the Commission should ensure that such risk assessments cover at least the risks highlighted in the Special Report 2015/16 "Improving the security of energy supply by developing the internal energy market: more efforts needed", of the European Court of Auditors.

Amendment 251 #

Proposal for a regulation
Recital 22 a (new)

(22a) The complementarity of European gas and electricity systems and demand side management can significantly improve European resilience and energy security and at the same time support the development of renewable energies.

Amendment 252 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Flavio ZANONATO, Carlos ZORRINHO, Jude KIRTON-DARLING

Proposal for a regulation
Recital 23

(23) To ensure maximum preparedness, so as to avoid a supply disruption and mitigate ~~its~~the effects of such a disruption should it nevertheless occur, the competent authorities of a given region ~~must~~should draw up preventive action plans and emergency plans, after consulting the stakeholders. Regional plans should take account of the specific characteristics of each Member State, including their cost-effective potential for reducing gas demand, particularly in the building sector for heating and cooling. They should also clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities as well as, where appropriate, electricity undertakings. National measures to be designed should take fully account of the regional measures set out in the preventive action plan and emergency plan. They should be so designed so as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation, energy efficiency and integration with the electricity system. The plans should be technical and operational in nature, their function being to help prevent the occurrence or escalation of an emergency and to mitigate its effects. The plans should take the security of electricity systems into account and be consistent with the EU's climate and energy objectives the Energy Union's strategic planning and reporting tools.

Amendment 253 #

Proposal for a regulation
Recital 23

(23) To ensure maximum preparedness, so as to avoid a supply disruption and mitigate its effects should it nevertheless occur, the competent authorities ~~of a given region~~ must draw up preventive action plans and emergency, after consulting stakeholders. ~~Regional plans should take account of the specific characteristics of each Member State. They~~These plans should ~~also~~ clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities. National measures to be designed should take fully account of the regional measures set out in the preventive action plan and emergency plan. They should be so designed as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation. The plans should be technical and operational in nature, their function being to help prevent the occurrence or escalation of an emergency and to mitigate its effects. The plans should take the security of electricity systems into account and be consistent with the Energy Union's strategic planning and reporting tools.

Amendment 254 #

Proposal for a regulation
Recital 23

(23) To ensure maximum preparedness, so as to avoid a supply disruption and mitigate its effects should it nevertheless occur, the competent authorities of a given region must draw up preventive action plans and emergency, after consulting stakeholders. Regional plans should take account of the specific characteristics of each Member State. They should also clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities. National measures to be designed should take fully account of the regional measures set out in the preventive action plan and emergency plan. They should be so designed as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation. The plans should be technical and operational in nature, their function being to help prevent the occurrence or escalation of an emergency and to mitigate its effects. The plans should take the security of electricity systems into account and be consistent with the 2030 energy package, the 2050 energy roadmap and the Energy Union's strategic planning and reporting tools.

Amendment 255 #

Proposal for a regulation
Recital 23

(23) To ensure maximum preparedness, so as to avoid a supply disruption and mitigate its effects should it nevertheless occur, the competent authorities of a given region must draw up preventive action plans and emergency, after consulting stakeholders. Regional plans should ~~take account~~be defined on the basis of the specific characteristics of each Member State. They should also clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities. National measures to be designed should take fully account of the regional measures set out in the preventive action plan and emergency plan. They should be so designed as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation. The plans should be technical and operational in nature, their function being to help prevent the occurrence or escalation of an emergency and to mitigate its effects. The plans should take the security of electricity systems into account and be consistent with the Energy Union's strategic planning and reporting tools.

Amendment 256 #

Proposal for a regulation
Recital 23

(23) To ensure maximum preparedness, so as to avoid a supply disruption and mitigate its effects should it nevertheless occur, the competent authorities of a given region must draw up preventive action plans and emergency, after consulting stakeholders. Regional plans should take account of the specific characteristics of each Member State. They should also clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities. National measures to be designed shcould take ~~fully~~ account of the regional measures set out in the preventive action plan and emergency plan. They should be so designed as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation. The plans should be technical and operational in nature, their function being to help prevent the occurrence or escalation of an emergency and to mitigate its effects. The plans should take the security of electricity systems into account and be consistent with the Energy Union's strategic planning and reporting tools.

Amendment 257 #

Proposal for a regulation
Recital 24

(24) The roles and responsibilities of all natural gas undertakings and competent authorities should therefore be defined precisely in order to keep the ~~internal~~ gas market functioning properly, particularly in the event of supply disruptions and crises. Such roles and responsibilities should be established in such a way as to ensure that a t~~hree~~wo-level approach is respected which would involve first the relevant natural gas undertakings and ~~industry, then~~ Member States at national or regional level, and ~~then~~ the Union. This Regulation should enable natural gas undertakings and customers to rely on ~~market~~ mechanisms for ~~as long as possible when coping with disruptions. However, it should also provide for mechanisms that can be deployed when markets alone are no longer able to deal adequately with a gas supply~~possible state control when coping with disruptions.

Amendment 258 #

Xabier BENITO ZILUAGA, Neoklis SYLIKIOTIS

Proposal for a regulation
Recital 24

Amendment 259 #

Proposal for a regulation
Recital 24

(24) The roles and responsibilities of all natural gas undertakings and competent authorities should therefore be defined precisely in order to keep the internal gas market functioning ~~properly~~under the supervision of national regulatory authorities, particularly in the event of supply disruptions and crises. Such roles and responsibilities should be established in such a way as to ensure that a three-level approach is respected which would involve first the relevant natural gas undertakings and industry, then Member States at national or regional level, and then the Union. This Regulation should ~~enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with disruptions. However, it should also~~as a priority provide for mechanisms that can be deployed when markets alone are no longer able to deal adequately with a gas supply disruption.

Amendment 260 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Eugen FREUND, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Jude KIRTON-DARLING

Proposal for a regulation
Recital 24

(24) The roles and responsibilities of all natural gas undertakings and competent authorities, as well as, where appropriate electricity undertakings, should therefore be defined precisely in order to keep the internal gas market functioning properly, particularly in the event of supply disruptions and crises. Such roles and responsibilities should be established in such a way as to ensure that a three-level approach is respected which would involve first the relevant natural gas and electricity undertakings and industry, then Member States at national or regional level, ~~and then the Union. This Regulation should~~, including when appropriate, building regulatory authorities, and then the Union. To that end, effective information-sharing across all levels should provide early warning with regard to disruption and the means of mitigation. This Regulation is intended to enable natural gas and electricity undertakings and customers to rely on market mechanisms for as long as possible when coping with disruptions. However, it ~~should als~~is also intended to provide for mechanisms that can be deployed when markets alone are no longer able to deal adequately with a gas supply disruption.

Amendment 261 #

Proposal for a regulation
Recital 24

(24) The roles and responsibilities of all natural gas undertakings and competent authorities should therefore be defined precisely in order to keep the internal gas market functioning properly, particularly in the event of supply or transit disruptions and crises. Such roles and responsibilities should be established in such a way as to ensure that a three-level approach is respected which would involve first the relevant natural gas undertakings and industry, then Member States at national or regional level, and then the Union. This Regulation should enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with the less severe disruptions. However, it should also provide for emergency security mechanisms that can be deployed when markets alone are no longer able to deal adequately with a severe gas supply disruption.

Amendment 262 #

Xabier BENITO ZILUAGA, Neoklis SYLIKIOTIS

Proposal for a regulation
Recital 25

(25) In the event of a supply crisis, market players should be given sufficient opportunity to respond to the situation with market-based measures. Where market measures have been exhausted and they are still insufficient, Member States and their competent authorities should takall put themselves at the disposal of Member States and their competent authorities in order to implement as efficiently as possible measures taken to remove or mitigate the effects of the supply crisis.

Amendment 263 #

Proposal for a regulation
Recital 25

(25) In the event of a supply crisis, ~~market player~~national regulatory authorities should be given sufficient opportunity to respond to the situation ~~with market-based measures. Where market measures have been exhausted and they~~. Where market measures are still insufficient, Member States and their competent authorities should take measures to remove or mitigate the effects of the supply crisis.

Amendment 264 #

Proposal for a regulation
Recital 25

(25) In the event of a supply or transit crisis, market players should be given sufficient opportunity to respond to the situation with market-based measures. Where ~~market~~these measures ~~have been exhausted and they are still insufficient~~alone cannot cope with the crisis, Member States and their competent authorities should take additional measures to remove or mitigate the effects of the ~~supply crisis~~disruption.

Amendment 265 #

Proposal for a regulation
Recital 25

(25) In the event of a supply crisis, market players sh~~ould~~all be ~~giv~~en su~~fficient~~red adequate opportunity to respond to the situation with market-based measures. Where market measures have been exhausted and they are still insufficient, Member States and their competent authorities should take measures to remove or mitigate the effects of the supply crisis.

Amendment 266 #

Proposal for a regulation
Recital 25

(25) In the event of a supply crisis, market players should be given sufficient opportunity to respond to the situation with market-based measures. Where market measures have been exhausted and they are still insufficient, Member States and their competent authorities should take measures to remove or mitigate the effects of the supply crisis. Energy efficiency measures should be prioritized to reduce gas and electricity demand and provide a long- term and sustainable improvement of Member States' resilience against supply crisis.

Amendment 267 #

Pavel TELIČKA, Morten PETERSEN, Lieve WIERINCK

Proposal for a regulation
Recital 26

(26) Whenever Member States plan to introduce non-market-based measures, such measures should be accompanied by a complete description of their impact, including but not limited to the economic ~~impact~~one. This ensures customers have the information they need about ~~the costs of~~ such measures and ensures that the measures are transparent, especially as regards their overall burden on society and their share in the gas price.

Amendment 268 #

Proposal for a regulation
Recital 26

(26) Whenever Member States as a last resort plan to introduce non-market-based measures, such measures should be accompanied by a description of their economic impact and a mechanism of compensation to the operators. This ensures customers have the information they need about the costs of such measures and ensures that the measures are transparent, especially as regards their share in the gas price.

Amendment 269 #

Proposal for a regulation
Recital 27

(27) In March 2015, the European Council called for options for voluntary demand aggregation mechanisms to be assessed in full compliance with World Trade Organisation ('WTO') law and Union competition rules. This would enable Member States and natural gas undertakings to explore the potential benefits of collective purchasing of natural gas as a way of addressing supply shortage situations in line with those rules. This said, it must be considered that a severe disruption crisis, qualified by a Member State as an emergency in accordance with the plans developed in accordance with this Regulation, should override Union competition rules and WTO rules.

Amendment 270 #

Proposal for a regulation
Recital 28

(28) Demand-side measures, such as reducing heating and cooling demand in buildings by coordinated energy efficiency and demand response measures, fuel switching or reducing the gas supply to large industrial consumers in an economically efficient order, ~~may~~ have a valuable role to play in ensuring energy security~~, if they can be applied quickly and significantly reduce demand in response to a supply disruption~~. More should be done to promote efficient energy use, particularly where demand-side measures are ~~needed~~justified by analysis of the available cost-effective energy savings potential. The environmental impact of any demand and supply-side measures proposed must be taken into account, with preference being given~~, as far as possible,~~ to measures that have the least impact on the environment~~. At the same time,~~ and on climate . While security of supply and competitiveness aspects must be taken into account, demand-side measures, as well as renewable energy sources, are understood to actively contribute to a long-term energy security of the EU.

Amendment 271 #

Proposal for a regulation
Recital 28

(28) Demand-side measures, such as reducing heating and cooling demand in buildings by coordinated energy efficiency measures, fuel switching or reducing the gas supply to large industrial consumers in an economically efficient order, ~~may~~ have a valuable role to play in ensuring energy security~~, if they can be applied quickly and significantly reduce demand in response to a supply disruption~~. More should be done to promote efficient energy use, particularly where demand-side measures are needed. The environmental impact of any demand and supply-side measures proposed must be taken into account~~, with preference being given, as far as possible, to measures that have least impact on the environment. At the same time, security of supply and competitiveness aspects must be taken into account~~ as a priority. Environmental assessment of each new gas infrastructures must be conducted.

Amendment 272 #

Proposal for a regulation
Recital 28

(28) Demand-side measures, such as fuel switching or reducing the gas supply to large industrial consumers ~~in an economically efficient order~~, may have a valuable role to play in ensuring energy security, if they can be applied quickly and significantly reduce demand in response to a supply or transit disruption. ~~More should be done to~~In this context, the promoteion of efficient energy use~~, particularly where demand-side measures are needed. The environmental~~ and of demand reduction must be considered as a security priority. The environmental, social and competitiveness impact of any demand and supply-side measures proposed must be assessed in an integrated way and taken into account, with preference being given~~, as far as possible, to~~ to the set of measures that have least ~~impact on the environment. At the same time, security of supply and competitiveness aspects must be taken into accoun~~comprehensive impact.

Amendment 273 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Eugen FREUND, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Simona BONAFÈ

Proposal for a regulation
Recital 28

(28) Demand-side measures, such as encouraging the use of renewable energy sources, reducing heating and cooling demand in buildings by coordinated energy efficiency and demand response measures, fuel switching or reducing the gas supply to large industrial consumers in an economically efficient ~~ord~~manner, may have a valuable role to play in ensuring energy security, if they can be applied quickly and significantly reduce demand in response to a supply disruption. Much more should be done to promote efficient energy use, particularly where demand-side measures are needed. The environmental impact of any demand and supply-side measures proposed must be taken into account, with preference being given, as far as possible, to measures that have least impact on the environment and the climate. At the same time, security of gas supply ~~and~~should remain a priority for measures undertaken in the case of disruption to supply, while competitiveness aspects ~~must be~~should also be properly taken into account.

Amendment 274 #

Proposal for a regulation
Recital 28

Amendment 275 #

Proposal for a regulation
Recital 30

(30) Low calorific gas, which is supplied in certain regions in the Union~~. Given its characteristics, it~~, cannot be used in appliances designed for high calorific gas. It is, however, possible to ~~use~~convert high calorific gas for use in appliances designed for low calorific gas, ~~provided that it has been converted into low calorific gas,~~ for instance by adding nitrogen. The specific characteristics of low calorific gas should be considered at national and regional levels and should be taken into account in the risk assessment and the preventive action and emergency plans.

Amendment 276 #

Proposal for a regulation
Recital 31

(31) It is necessary to ~~ensure the predictability of~~make previously known the action tohat shall be taken in the event of an emergency, allowing all market participants sufficient opportunity to react and also prepare for such circumstances. As a rule, the competent authorities should therefore abide by their emergency plan. In duly justified exceptional circumstances, they should be allowed to take action which deviates from those plans. I~~t is also important to make the way in which emergencies are announced more transparent and predictable~~n any event, authorities must ensure that exhaustive records are maintained of the circumstances and steps taken in the declaration, announcement and management of emergencies, to make them available, if necessary, for public and judicial ex-post scrutiny, in order to preserve the rights of all parties affected. Information on the system balancing position (the overall status of the transmission network), the framework for which is set out in Commission Regulation (EU) No 312/201419 , may play an important role in this regard. That information should be available to competent authorities and the national regulatory authorities, if the latter are not the competent authority on a real time basis. __________________ 19 Commission Regulation (EU) No 312/2014 of 26 March 2014 establishing a Network Code on Gas Balancing of Transmission Networks (OJ L 91, 27.3.2014, p.15).

Amendment 277 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Eugen FREUND, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING

Proposal for a regulation
Recital 31

(31) It is necessary to ensure the predictability of the action to take in the event of an emergency, allowing all market participants sufficient opportunity to react and also prepare for such circumstances. As a rule, the competent authorities should therefore abide by their emergency plan. In ~~duly justified~~ exceptional circumstances, they ~~should be allowed to~~may take action which deviates from those pPlans. It is also important to make the way in which emergencies are announced more transparent and predictable. Information on the system balancing position (the overall status of the transmission network), the framework for which is set out in Commission Regulation (EU) No 312/201419, may play an important role in this regard. That information should be available to competent authorities and the national regulatory authorities, if the latter are not the competent authority on a real time basis. __________________ 19 Commission Regulation (EU) No 312/2014 of 26 March 2014 establishing a Network Code on Gas Balancing of Transmission Networks (OJ L 91, 27.3.2014, p.15).

Amendment 278 #

Proposal for a regulation
Recital 32

(32) The preventive action plans and emergency plans should be updated on a regularly basis and published. They should be subject to peer review which should be monitored by the Commission. The peer review process is intended to allows for early identification of inconsistencies and measures that could endanger the security of gas supply of other Member States', s~~ecurity of supply~~uch as poor energy efficiency performance, thereby ensuring ~~that~~consistency of the plans ~~from~~across different regions ~~are consistent with one another~~. It also enables Member States to share best practice. The plans should be coherent with the Union's climate and energy targets.

Amendment 279 #

Xabier BENITO ZILUAGA, Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS, Sofia SAKORAFA

Proposal for a regulation
Recital 32

(32) The preventive action plans and emergency plans should be updated regularly and published. They should be subject to peer review. The peer review process allows for early identification of inconsistencies and measures that could endanger other Member States' security of supply, thereby ensuring that plans from different regions are consistent with one another. It also enables Member States to share best practice. The plans should be coherent with the EU carbon emissions, renewables and energy efficiency targets. Preventive action plans and emergency plans will require regular updates as the targets are increased, and a clear timeline to shift away from gas and other fossil fuels towards renewable energy sources and energy efficiency, as a guarantee of energy security.

Amendment 280 #

Proposal for a regulation
Recital 32

(32) The preventive action plans and emergency plans should be updated regularly and published. They should be subject to peer review. The peer review process allows for early identification of inconsistencies and measures that could endanger other Member States' security of supply, thereby ensuring that plans from different regions are consistent with one another. It also enables Member States to share best practice. The plans should be coherent with the EU energy and climate targets on greenhouse gas emissions, energy efficiency and renewable energy. The plans should be regularly updated in order to ensure their coherence with those objectives.

Amendment 281 #

Proposal for a regulation
Recital 32

(32) The preventive action plans and emergency plans should be updated regularly and published. They should be subject to peer review, under rules established and monitored by the Commission. The peer review process allows for early identification of inconsistencies and measures that could endanger other Member States' security of supply, thereby ensuring that plans from different regions are consistent with one another. It also enables Member States to share best practice.

Amendment 282 #

Proposal for a regulation
Recital 32

Amendment 283 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Jude KIRTON-DARLING, Simona BONAFÈ

Proposal for a regulation
Recital 33

(33) To ensure that the emergency plans are always up-to-date and effective, Member States should carry out tests between the updates of the plans by simulating high and medium-impact scenarios and responses in real time. Observers of other Member States of the Group and of other regions should be invited to these exercises. The competent authorities should present the test results at the Gas Coordination Group.

Amendment 284 #

Proposal for a regulation
Recital 33

(33) To ensure that the emergency plans are always up-to-date and effective, ~~Member Stat~~the competent authorities should carry out tests between the updates of the plans by simulating high and medium-impact scenarios and responses in real time and by taking into account the risk of stranded assets. The competent authorities should present the test results at the Gas Coordination Group.

Amendment 285 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Dan NICA, Edouard MARTIN

Proposal for a regulation
Recital 34

(34) Mandatory comprehensive templates including all the risks to be covered by the risk assessment and all the components of the preventive action plans and the emergency plans are needed to facilitate the risk assessment and preparation of the plans, their peer review and their assessment by the Commission. These templates should also include demand-side measures that could cost- effectively reduce security of supply risks by reducing the gas demand.

Amendment 286 #

Proposal for a regulation
Recital 34

(34) Mandatory comprehensive templates including all the risks to be covered by the risk assessment and all the components of the preventive action plans and emergency plans are needed to facilitate the risk assessment and preparation of the plans, their peer review and their assessment by the Commission. These templates should also include demand-side measures that can cost- effectively reduce security of supply risks by reducing demand for gas.

Amendment 287 #

Proposal for a regulation
Recital 34

(34) Mandatory comprehensive templates including all the risks to be covered by the risk assessment and all the components of the preventive action plans and emergency plans are needed to facilitate the risk assessment and preparation of the plans, their peer review and their assessment by the Commission. Where appropriate, templates should be updated taking into account the results of the ex-post reviews.

Amendment 288 #

Proposal for a regulation
Recital 35

(35) To facilitate communication between Member States and the Commission, the risk assessments, the preventive action plans, the emergency plans and all other documents and information exchanges covered by this Regulation must be notified using a standard electronic notification system.deleted

Amendment 289 #

Proposal for a regulation
Recital 35

Amendment 290 #

Proposal for a regulation
Recital 36

(36) As demonstrated by the October 2014 stress test, solidarity is needed to ensure security of supply across the Union and to keep overall costs to a minimum. If an emergency is declared in any Member State, a two-step approach should be applied to strengthen solidarity. Firstly, all Member States are directly or indirectly interconnected, and which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid. Secondly, if the first step fails to provide the necessary supply, further measures by neighbouring Member States, even if not in an emergency situation, should be triggered to ensure the supply to households, essential social services and district heating installations in the Member State experiencing the emergency, provided that such Member States can prove that all the measures described in its emergency plan have been used, and that all the technical and commercial terms defined in the solidarity agreement in the emergency plan have been met. Member States should identify and describe the details of these solidarity measures in solidarity agreements in their emergency plans, ensuring ~~fair and equitabl~~an appropriate compensation of the natural gas undertakings and of the non-protected customers concerned by the solidarity measures, based on the market value of the costs generated by the interruption of supplies consequent to the implementation of Article 12.

Amendment 291 #

Proposal for a regulation
Recital 36

(36) As demonstrated by the October 2014 stress test, solidarity is needed to ensure security of supply across the Union and to keep overall costs to a minimum. If an emergency is declared in any Member State, a two-step approach should be applied to strengthen solidarity. Firstly, all Member States which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid. Secondly, if the first step fails to provide the necessary supply, further measures by neighbouring Member States, even if not in an emergency situation, should be triggered to ensure the supply to households, essential social services and district heating installations in the Member State experiencing the emergency. Fulfilling security of supply standards on the level of Member States is a condition to make solidarity mechanisms work. Transparency on the level of Member States about the fulfilment shall serve the spirit of solidarity. For the creation of these mechanisms, Member States should identify and describe the corresponding details of these solidarity measures in their emergency plans, ensuring fair and equitable compensation of the natural gas undertakings. The Commission shall submit a framework for necessary technical, legal and financial arrangements to be agreed between neighbouring Member States.

Amendment 292 #

Proposal for a regulation
Recital 36

(36) As demonstrated by the October 2014 stress test, solidarity is needed to ensure security of supply across the Union and to keep overall costs to a minimum. If an emergency is declared in any Member State, a two-step approach should be applied to strengthen solidarity. Firstly, all Member States which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid. Secondly, if the first step fails to provide the necessary supply, further measures by neighbouring Member States, even if not in an emergency situation, should be triggered to ensure the supply to households, essential social services and district heating installations in the Member State experiencing the emergency. Member States should identify and describe the details of these solidarity measures in their emergency plans, ensuring a fair a~~nd equitable compensation of the natural gas undertakings~~ppropriate level of compensation for natural gas undertakings that fully reflects the market value of the costs related to the interruption of supplies - including its effect on the electricity sector - resulting from implementation of Article 12, and should disincentive recourse to the solidarity mechanism as anything but a measure of last-resort.

Amendment 293 #

Proposal for a regulation
Recital 36

(36) As demonstrated by the October 2014 stress test, solidarity is needed to ensure security of supply across the Union and to keep overall costs to a minimum. If an emergency is declared in any Member State, a two-step approach should be applied to strengthen solidarity. Firstly, all Member States which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid. ~~Secondly, i~~If the first step fails to provide the necessary supply, further measures by neighbouring Member States, even if not in an emergency situation, should be t~~riggered~~aken to ensure the supply to households, essential social services and district heating installations in the Member State experiencing the emergency. Member States should identify and describe the details of these solidarity measures in their emergency plans, ensuring ~~fair and equitabl~~appropriate compensation ofor the natural gas undertakings. This compensation mechanism shall be based on the overall costs generated by the interruption of gas supply, which include their effect on the electricity sector.

Amendment 294 #

Proposal for a regulation
Recital 36

(36) As demonstrated by the October 2014 stress test, solidarity is needed to ensure security of supply across the Union and to keep overall costs to a minimum. If an emergency is declared in any Member State, a two-step approach should be applied to strengthen solidarity. Firstly, all Member States which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid. Secondly, if the first step fails to provide the necessary supply, further measures by neighbouring Member States, even if not in an emergency situation, should be triggered to ensure the supply to households, essential social services and district heating installations in the Member State experiencing the emergency. Member States should identify and describe the details of these solidarity measures in their emergency plans, ensuring fair and equitable compensation of the natural gas undertakings, ensuring a fair and appropriate level of compensation for natural gas undertakings that fully reflects the market value of the costs related to the interruption of supplies - including its effect on the electricity sector - resulting from implementation of Article 12, and should disincentive recourse to the solidarity mechanism as anything but a measure of last-resort.

Amendment 295 #

Proposal for a regulation
Recital 36

Amendment 296 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Jude KIRTON-DARLING, Dan NICA, Edouard MARTIN

Proposal for a regulation
Recital 36

(36) As demonstrated by the October 2014 stress test, solidarity is needed to ensure security of supply across the Union and to keep overall costs to a minimum. If an emergency is declared in any Member State, a two-step approach should be applied to strengthen solidarity. Firstly, all Member States in the same interconnected system and which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid. Secondly, if the first step fails to provide the necessary supply, further measures by neighbouring Member States in the same interconnected system, even if not in an emergency situation, should be triggered to ensure the supply to households, essential social services and district heating installations in the Member State experiencing the emergency. Member States should identify and describe the details of these solidarity measures in their emergency plans, ensuring ~~fair and equitable compensation of~~a minimum impact on the interrupted customers and the natural gas undertakings.

Amendment 297 #

Proposal for a regulation
Recital 36

(36) As demonstrated by the October 2014 stress test, solidarity is needed to ensure security of supply across the Union and to keep overall costs to a minimum. If an emergency is declared in any Member State, a two-step approach should be applied to strengthen solidarity. ~~Firstly, a~~All Member States which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid. ~~Secondly, i~~If the first step fails to provide the necessary supply, further measures by neighbouring Member States and, where appropriate, electricity undertakings, even if not in an emergency situation, should be t~~riggered~~aken to ensure the supply to households, essential social services and district heating installations in the Member State experiencing the emergency. Member States should identify and describe the details of these solidarity measures in their emergency plans, ensuring fair and equitable compensation ofor the natural gas and, where appropriate, electricity undertakings..

Amendment 298 #

Proposal for a regulation
Recital 36

Amendment 299 #

Proposal for a regulation
Recital 36

Amendment 300 #

Proposal for a regulation
Recital 36 a (new)

(36a) The implementation of the solidarity measures with the Energy Community Contracting Parties should be based on an EU approach in order to avoid that the neighbouring Members States with the Energy Community States carry out exclusively the necessary emergency plans.

Amendment 301 #

Proposal for a regulation
Recital 37

(37) European solidarity should also, where and as promptly as needed, take the form of urgent and thorough civil protection assistance provided by the Union and its Member States. Such assistance should be facilitated and coordinated by the Union Civil Protection Mechanism established by Decision No 1313/2013/EU of the European Parliament and of the Council20 aiming to strengthen the cooperation between the Union and the Member States and to facilitate coordination in the field of civil protection in order to improve the effectiveness of systems for preventing, preparing for, and responding to natural and man-made disasters. __________________ 20 Decision No 1313/2013/EU of the European parliament and of the Council of 17 December 2013 on a Union Civil protection Mechanism (OJ L 347, 20.12.2013, p. 24).

Amendment 302 #

Proposal for a regulation
Recital 38

(38) To assess the security of gas supply situation of a given Member State or, a region or of the Union, access to the relevant information is essential. In particular, Member States and the Commission need ~~regular~~ access to relevant and non-confidential information from natural gas undertakings regarding the main parameters of the gas supply as a fundamental input in the design of the security of gas supply policies. Under duly justified circumstances, irrespective of a declaration of emergency, access should also be possible to additional information needed to assess the overall gas supply situation. That additional information would typically be non-price- related gas delivery information, e.g. minimum and maximum gas volumes, delivery points or supply margins. It could, for example, be requested in the event of changes in the pattern of the gas supply to a given buyer or buyers in a Member State which would not be expected if the markets were functioning normally and which could affect the gas supply of the Union or parts of it.

Amendment 303 #

Pavel TELIČKA, Morten PETERSEN, Lieve WIERINCK

Proposal for a regulation
Recital 38

(38) To assess the security of supply situation of a given Member State or region or of the Union, access to the relevant information is essential. In particular, Member States and the Commission need regular access to information from natural gas undertakings regarding the main parameters of the gas supply, including accurate measures of the available stored reserves, as a fundamental input in the design of the security of supply policies. Under duly justified circumstances, irrespective of a declaration of emergency, access should also be possible to additional information needed to assess the overall gas supply situation. That additional information would typically be non-price- related gas delivery information, e.g. minimum and maximum gas volumes, delivery points or supply margins. It could, for example, be requested in the event of changes in the pattern of the gas supply to a given buyer or buyers in a Member State which would not be expected if the markets were functioning normally and which could affect the gas supply of the Union or parts of it. In an event of emergency, management of natural gas undertakings should be under legal obligation to obey the instructions of the authorities.

Amendment 304 #

Proposal for a regulation
Recital 38

(38) To assess the security of supply situation of a given Member State or region or of the Union, access to the relevant information is essential. In particular, Member States and the Commission need regular access to information from natural gas undertakings regarding the main parameters of the gas supply as a fundamental input in the design of the security of supply policies. Under duly justified circumstances, irrespective of a declaration of emergency, access should also be possible to additional information needed to assess the overall gas supply situation. That additional information would typically be non-price-related gas delivery information, e.g. minimum and maximum gas volumes, delivery points or supply margins. It could, for example, be requested in the event of changes in the pattern of the gas supply to a given buyer or buyers in a Member State which would not be expected if the markets were functioning normally and which could affect the gas supply of the Union or parts of it. If the information provided is considered by the provider as one containing commercial secrets, the information will be treated as such.

Amendment 305 #

Proposal for a regulation
Recital 38

(38) To assess the security of supply situation of a given Member State or region or of the Union, access to the relevant information is essential. In particular, Member States and the Commission need ~~regular~~ access to relevant, non-confidential information from natural gas undertakings regarding the main parameters of the gas supply as a fundamental input in the design of the security of supply policies. Under duly justified circumstances, irrespective of a declaration of emergency, access should also be possible to additional information needed to assess the overall gas supply situation. That additional information would typically be non-price-related gas delivery information, e.g. minimum and maximum gas volumes, delivery points or supply margins. It could, for example, be requested in the event of changes in the pattern of the gas supply to a given buyer or buyers in a Member State which would not be expected if the markets were functioning normally and which could affect the gas supply of the Union or parts of it.

Amendment 306 #

Proposal for a regulation
Recital 38

(38) To assess the security of supply situation of a given Member State or region or of the Union, access to the relevant information is essential. In particular, Member States ~~and the Commission~~ need regular access to information from natural gas undertakings regarding the main parameters of the gas supply as a fundamental input in the design of the security of supply policies. Under duly justified circumstances, irrespective of a declaration of emergency, access should also be possible to additional information needed to assess the overall gas supply situation. That additional information would typically be non-price-related gas delivery information, e.g. minimum and maximum gas volumes, delivery points or supply margins. It could, for example, be requested in the event of changes in the pattern of the gas supply to a given buyer or buyers in a Member State which would not be expected if the markets were functioning normally and which could affect the gas supply of the Union or parts of it.

Amendment 307 #

Proposal for a regulation
Recital 39

(39) In March 2015, the European Council concluded that gas supply contracts with suppliers from third countries should be made more transparent and compatible with the Union energy security provisions. In this context an efficient and targeted mechanism for Member States' access to key gas supply contracts should ensure a comprehensive assessment of relevant risks that can lead to a supply disruption or interfere with the necessary mitigating measures should a crisis nevertheless occur. Under that mechanism certain key gas supply contracts should be automatically notified, immediately after their conclusion, to the Member States. However, any obligation to notify a contract automatically needs to be proportionate. Applying this obligation to contracts between a supplier and a buyer covering 40% of the national market strikes the right balance in terms of administrative efficiency and lays down clear obligations for market participants. This does not mean that other gas supply contracts are not relevant to security of supply. Accordingly, Member States should have the right to request other contracts which might negatively affect security of supply of a Member State or region or of the Union as a whole. The Commission should have the same access to the gas supply contracts as Member States, given its role in assessing the consistency and effectiveness of the preventive action plans and emergency plans to address risks to security of supply at national, regional and EU level. The Commission may call on the Member States to amend the plans so as to take account of the information obtained from the contracts. The confidentiality of commercially sensitive information should be ensured. Improved Commission access to information on commercial contracts should not affect the Commission's ongoing efforts to monitor the gas market, and the Commission should intervene if violations of the Union law are identified. The provisions of this Regulation should be without prejudice to the right of the Commission to launch infringement proceedings in accordance with Article 258 of the Treaty on the Functioning of the European Union (TFEU) and to enforce competition rules, including state aid,.

Amendment 308 #

Proposal for a regulation
Recital 39

(39) In March 2015, the European Council concluded that gas supply contracts with suppliers from third countries should be made more transparent and compatible with the Union energy security provisions. In this context an efficient and targeted mechanism for Member States' access to key gas supply contracts should ensure a comprehensive assessment of relevant risks that can lead to a supply disruption or interfere with the necessary mitigating measures should a crisis nevertheless occur. Under that mechanism certain key gas supply contracts should be automatically notified, immediately after their conclusion, to the Member States. However, any obligation to notify a contract automatically needs to be proportionate. Applying this obligation to contracts between a supplier and a buyer covering 40% of the national market strikes the right balance in terms of administrative efficiency and lays down clear obligations for market participants. This does not mean that other gas supply contracts are not relevant to security of supply. Accordingly, Member States should have the right to request other contracts which might negatively affect security of supply of a Member State or region or of the Union as a whole. The Commission should have the same access to the gas supply contracts as Member States, given its role in assessing the consistency and effectiveness of the preventive action plans and emergency plans to address risks to security of supply at national, regional and EU level. The Commission may call on the Member States to amend the plans so as to take account of the information obtained from the contractsthe most pertinent key details of gas supply contracts should ensure a comprehensive assessment of relevant risks that can lead to a supply disruption or interfere with the necessary mitigating measures should a crisis nevertheless occur. The confidentiality of commercially sensitive information should be ensured. Improved Commission access to information on commercial contracts should not affect the Commission's ongoing efforts to monitor the gas market, and the Commission should intervene if violations of the Union law are identified. The provisions of this Regulation should be without prejudice to the right of the Commission to launch infringement proceedings in accordance with Article 258 of the Treaty on the Functioning of the European Union (TFEU) and to enforce competition rules, including state aid,.

Amendment 309 #

Proposal for a regulation
Recital 39

(39) In March 2015, the European Council concluded that gas supply contracts with suppliers from third countries should be made more transparent and compatible with the Union energy security provisions. In this context an efficient and targeted mechanism for Member States' access to key gas supply contracts should ensure a comprehensive assessment of relevant risks that can lead to a supply disruption or interfere with the necessary mitigating measures should a crisis nevertheless occur. Under that mechanism certain key gas supply contracts should be automatically notified, immediately after their conclusion, to the Member States. However, any obligation to notify a contract automatically needs to be proportionate. Applying this obligation to contracts between a supplier and a buyer covering 40% of the national market strikes the right balance in terms of administrative efficiency and lays down clear obligations for market participants. This does not mean that other gas supply contracts are not relevant to security of supply. Accordingly, Member States should have the right to request other contracts which might negatively affect security of supply of a Member State or region or of the Union as a whole. The Commission should have the same access to the gas supply contracts as Member States, given its role in assessing the consistency and effectiveness of the preventive action plans and emergency plans to address risks to security of supply at national, regional and EU level. The Commission may call on the Member States to amend the plans so as to take account of the information obtained from the contracts. The confidentiality of commercially sensitive information should be ensured. Improved Commission access to information on commercial contracts should not affect the Commission's ongoing efforts to monitor the gas market, and the Commission should intervene if violations of the Union law are identificonfidentiality of commercially sensitive information should be ensured. The provisions of this ~~Regulation~~Directive should be without prejudice to the right of the Commission to launch infringement proceedings in accordance with Article 258 of the Treaty on the Functioning of the European Union (TFEU) and to enforce competition rules, including state aid,.

Amendment 310 #

Proposal for a regulation
Recital 39

(39) In March 2015, the European Council concluded that gas supply contracts with suppliers from third countries should be made more transparent and compatible with the Union energy security provisions. In this context an efficient and targeted mechanism for Member States' access to key gas supply contracts should ensure a comprehensive assessment of relevant risks that can lead to a supply disruption or interfere with the necessary mitigating measures should a crisis nevertheless occur. Under that mechanism certain key gas supply contracts should be automatically notified, immediately after their conclusion, to the Member States. However, any obligation to notify a contract automatically needs to be proportionate. Applying this obligation to contracts between a supplier and a buyer covering 4025% of the national market strikes the right balance in terms of administrative efficiency and lays down clear obligations for market participants. Th~~is does not mean that other gas supply contracts are not relevant to security of supply. Accordingly, Member States should have the right to request o~~e Commission should have the same access to the key gas supply contracts as Member States, given its role in assessing ther contracts which might negatively affect security of supply of a Member State or region or of the Union as a whole. The Commission should have the same access to the gas supply contracts as Member States, given its role in assessing the consistency and effectivenessistency and effectiveness of these contracts with the Union's energy and climate objectives and related legislation as well as of the preventive action plans and emergency plans to address risks to security of supply at national, regional and EU level. The Commission may call on the Member States to amend the plans so as to take account of the information obtained from the contracts. The confidentiality of commercially sensitive information should be ensured. Improved Commission access to information on commercial contracts should not affect the Commission's ongoing efforts to monitor the gas market, and the Commission should intervene if violations of the Union law are identified. The provisions of this Regulation should be without prejudice to the right of the Commission to launch infringement proceedings in accordance with Article 258 of the Treaty on the Functioning of the European Union (TFEU) and to enforce competition rules, including state aid,.

Amendment 311 #

Proposal for a regulation
Recital 39

(39) Completing the internal energy market will create a level playing field, ensuring that all energy supply contracts throughout the Union are based on market prices and competition rules. In March 2015, the European Council concluded that gas supply contracts with suppliers from third countries should be made more transparent and compatible with the Union energy security provisions. In this context an efficient and targeted mechanism for Member States' access to key gas supply contracts should ensure a comprehensive assessment of relevant risks that can lead to a supply disruption or interfere with the necessary mitigating measures should a crisis nevertheless occur. Under that mechanism certain key gas supply contracts should be automatically notified, immediately after their conclusion, to the Member States. However, any obligation to notify a contract automatically needs to be proportionate. Applying this obligation to contracts between a supplier ~~and a buyer covering~~or its affiliates and a buyer or its affiliate that jointly cover at least 40% of the national market strikes the right balance in terms of administrative efficiency and lays down clear obligations for market participants. This does not ~~mean~~automatically imply that other gas supply contracts are not relevant to security of supply. Accordingly, Member States should have the right to request other contracts which might negatively affect security of supply of a Member State or, a region or of the Union ~~as a whole~~. The Commission should have the same access to the gas supply contracts as Member States, given its role in assessing the consistency and effectiveness of the preventive action plans and the emergency plans to address risks to security of supply at national, regional and EUnion level. The Commission ~~may call on~~should be able to request the Member States to amend the plans so as to take account of the information obtained from the contracts. The confidentiality of commercially sensitive information should be ensured. Improved Commission access to information on commercial contracts should not duplicated nor affect the Commission's ~~ongoing~~ efforts to monitor the gas market under Regulation n 1227/2011 or other regulatory framework at European and national level, and the Commission should intervene if violations of the Union law are identified. The provisions of this Regulation should be without prejudice to the right of the Commission to launch infringement proceedings in accordance with Article 258 of the Treaty on the Functioning of the European Union (TFEU) and to enforce competition rules, including swith regard to State aid,.

Amendment 312 #

Proposal for a regulation
Recital 39

(39) Completing the internal energy market will create a level playing field, ensuring that all energy supply contracts throughout the Union are based on market prices and competition rules. In March 2015, the European Council concluded that ~~gas supply contract~~agreements related to the buying of gas with suppliers from third countries should be made more transparent and compatible with the Union energy security provisions. In this context an efficient and targeted mechanism for Member States' access to key gas supply contracts ~~should ensure~~may contribute to develop a comprehensive assessment of relevant risks that can lead to a supply disruption or interfere with the necessary mitigating measures should a crisis nevertheless occur. Under that mechanism certain info of key gas supply contracts should be automatically notified, immediately after their conclusion, to the Member States. However, any obligation to notify a contract automatically needs to be proportionate. Applying this obligation to contracts between a supplier ~~and a buyer covering 40% of the national market~~or its affiliates and a buyer or its affiliates that jointly cover at least 60 % of imports from third countries to the Member State strikes the right balance in terms of administrative efficiency and lays down clear obligations for market participants. This does not ~~mean~~automatically imply that other gas supply contracts are not relevant to security of supply. Accordingly, Member States should have the right to request similar info of other contracts which might negatively affect security of supply of a Member State or a region or of the Union ~~as a whole. T~~in duly and justified circumstances. If considered that the Commission should have ~~the same~~ access to ~~the gas supply contracts as~~some info provided to Member States, given its role in assessing the consistency and effectiveness of the preventive action plans and the emergency plans to address risks to security of supply at national, regional and EUnion level~~. The Commission may call on the~~, it should be done in an aggregated basis. The Commission should be able to recommend Member States to amend the plans so as to take account of the information obtained ~~from the contracts~~. The confidentiality of commercially sensitive information should be ensured. I~~mprov~~ncreased Commission access to ~~information on commercial contract~~other agreements related to the buying of gas should not affect the Commission's ongoing efforts to monitor the gas market, and the Commission should intervene if violations of the Union law are identified. The provisions of this Regulation should be without prejudice to the right of the Commission to launch infringement proceedings in accordance with Article 258 of the Treaty on the Functioning of the European Union (TFEU) and to enforce competition rules, including swith regard to State aid,.

Amendment 313 #

Proposal for a regulation
Recital 39

(39) In March 2015, the European Council concluded that gas supply contracts with suppliers from third countries should be made more transparent and compatible with the Union energy security provisions, by guaranteeing at the same time the confidentiality of commercially sensitive information of commercial gas supply contracts. In this context an efficient and targeted mechanism for Member States' access to ~~key~~information of gas supply contracts relevant for the security of gas supply should ensure a comprehensive assessment of relevant risks that can lead to a supply disruption or interfere with the necessary mitigating measures should a crisis nevertheless occur. Under that mechanism certain key gas supply contracts should be automatically notified, immediately after their conclusion, to the Member States. However, any obligation to notify a contract automatically needs to be proportionate. Applying this obligation to contracts between a supplier and a buyer covering 40% of the national market strikes the right balance in terms of administrative efficiency and lays down clear obligations for market participants. This does not mean that other gas supply contracts are not relevant to security of supply. Accordingly, Member States should have the right to request other non- confidential information related to contracts which might negatively affect security of supply of a Member State or region or of the Union as a whole. TIn duly justified circumstances the Commission ~~should have~~may request the same access to ~~the~~information of gas supply contracts ~~as Member Stat~~from the national competent authorities, given its role in assessing the consistency and effectiveness of the preventive action plans and emergency plans to address risks to security of supply at national, regional and EU level. The Commission may call on the Member States to amend the plans so as to take account of the information obtained from the contracts. The confidentiality of commercially sensitive information should be ensured. Improved Commission access to a well-defined set of non-confidential information on commercial contracts should not affect nor duplicate the Commission's and ACER's ongoing efforts to monitor the gas market, and the Commission should intervene if violations of the Union law are identified. The provisions of this Regulation should be without prejudice to the right of the Commission to launch infringement proceedings in accordance with Article 258 of the Treaty on the Functioning of the European Union (TFEU) and to enforce competition rules, including state aid,.

Amendment 314 #

Proposal for a regulation
Recital 39

(39) Completing the internal energy market will create a level playing field, ensuring that all energy supply contracts throughout the Union are based on market prices and competition rules. In March 2015, the European Council concluded that gas supply contracts with suppliers from third countries should be made more transparent and compatible with the Union energy security provisions. In this context an efficient and targeted mechanism for Member States' access to key gas supply contracts should ensure a comprehensive assessment of relevant risks that can lead to a supply disruption or interfere with the necessary mitigating measures should a crisis nevertheless occur. Under that mechanism certain key gas supply contracts should be automatically notified, immediately after their conclusion, to the Member States. However, any obligation to notify a contract automatically needs to be proportionate. Applying this obligation to contracts between a supplier and a buyer covering 40% of the national market strikes the right balance in terms of administrative efficiency and lays down clear obligations for market participants. This does not mean that other gas supply contracts are not relevant to security of supply. Accordingly, Member States should have the right to request other contracts which might negatively affect security of supply of a Member State or region or of the Union as a whole. The Commission should have the same access to the gas supply contracts as Member States, given its role in assessing the consistency and effectiveness of the preventive action plans and emergency plans to address risks to security of supply at national, regional and EU level. The Commission may call on the Member States to amend the plans so as to take account of the information obtained from the contracts. The confidentiality of commercially sensitive information should be ensured. Improved Commission access to information on commercial contracts should not affect the Commission's ongoing efforts to monitor the gas market under Regulation No. 1227/2011 or other regulatory frameworks at European and national level, and the Commission should intervene if violations of the Union law are identified. The provisions of this Regulation should be without prejudice to the right of the Commission to launch infringement proceedings in accordance with Article 258 of the Treaty on the Functioning of the European Union (TFEU) and to enforce competition rules, including swith regard to State aid,.

Amendment 315 #

Pilar DEL CASTILLO VERA

Proposal for a regulation
Recital 39

(39) Completing the internal energy market will create a level playing field, ensuring that all energy supply contracts throughout the Union are based on market prices and competition rules. In March 2015, the European Council concluded that ~~gas supply contract~~agreements related to the buying of gas with suppliers from third countries should be made more transparent and compatible with the Union energy security provisions. In this context an efficient and targeted mechanism for Member States' access to key gas supply contracts ~~should ensure~~will contribute to a comprehensive assessment of relevant risks that can lead to a supply disruption or interfere with the necessary mitigating measures should a crisis nevertheless occur. Under that mechanism certain information of key gas supply contracts should be automatically notified, immediately after their conclusion, to the Member States. However, any obligation to notify a contract automatically needs to be proportionate. Applying this obligation to contracts between a supplier and a buyer covering 40% of the national market strikes the right balance in terms of administrative efficiency and lays down clear obligations for market participants. This does not ~~mean~~automatically imply that other gas supply contracts are not relevant to security of supply. Accordingly, Member States should have the right to request similar information of other contracts which might negatively affect security of supply of a Member State or region or of the Union ~~as a whole~~. The Commission should have the same access to ~~the~~information regarding gas supply contracts as Member States, given its role in assessing the consistency and effectiveness of the preventive action plans and emergency plans to address risks to security of supply at national, regional and EUnion level. The Commission ~~may call on the~~should be able to request Member States to amend the plans so as to take account of the information obtained from the contracts. The confidentiality of commercially sensitive information should be ensured. I~~mprov~~ncreased Commission access to information on commercial contracts should not affect the Commission's ongoing efforts to monitor the gas market, and the Commission should intervene if violations of the Union law are identified. The provisions of this Regulation should be without prejudice to the right of the Commission to launch infringement proceedings in accordance with Article 258 of the Treaty on the Functioning of the European Union (TFEU) and to enforce competition rules, including with regard to state aid,.

Amendment 316 #

Proposal for a regulation
Recital 40

(40) The Gas Coordination Group should act as an adviser to the Commission to help coordinate security of supply measures in the event of a Union emergency. It should also monitor the adequacy and appropriateness of measures to be taken under this Regulation, including the consistency of preventive action plans and emergency plans drawn up by different regions and reviewed by teams of peers. In this respect, security of supply measures should be taken with strong consideration given to 2050 EU decarbonisation objectives and to risks of costly stranded assets.

Amendment 317 #

Proposal for a regulation
Recital 40

(40) The Gas Coordination Group should act as an adviser to the Commission to help coordinate and monitor security of supply measures in the event of a Union emergency. ~~It should also monitor~~When requested to do so, it should also issue opinions about the adequacy and appropriateness of measures to be taken under this Regulation, including the consistency of preventive action plans and emergency plans drawn up by different regions and reviewed by teams of peers.

Amendment 318 #

Proposal for a regulation
Recital 40

(40) The Gas Coordination Group should act as an adviser to the ~~Commission~~Member States and the Council to help them coordinate security of supply measures in the event of a Union emergency. It should also monitor the adequacy and appropriateness of measures to be taken under this Regulation, including the consistency of preventive action plans and emergency plans drawn up by different regions and reviewed by teams of peers.

Amendment 319 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Eugen FREUND, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Dan NICA

Proposal for a regulation
Recital 41

(41) One of the Union goals is to strengthen the Energy Community ~~that would~~in order to ensure effective implementation of the Union energy acquis, energy market reforms and incentivising investments in the energy sector, including renewable energy and demand side measures enhancing energy efficiency, by closer integration of the Union and Energy Community energy markets. This also entai~~ls a~~lso introducing common crisis management by proposing preventive action plans and emergency plans at the regional level including the Energy Community Contracting Parties. Furthermore, the Commission Communication of 16 October 2014 on the short term resilience of the European gas system ~~from October 2014~~ refers to the need to apply internal energy market rules on the flow of energy between the Union Member States and ~~the~~ Energy Community Contracting Parties. In this regard, in order to ensure an efficient crisis management on borders between the Union Member States and the Energy Community Contracting Parties, ~~the~~ necessary arrangements following the adoption of a Joint Act should be set so that specific cooperation with any individual Energy Community Contracting Party can take place once the required mutual provisions have been duly put into place.

Amendment 320 #

Proposal for a regulation
Recital 41

(41) One of the Union goals is to strengthen ~~the~~a climate-friendly Energy Community that would ensure effective implementation of the Union energy acquis, energy market reforms and incentivising investments in the renewable energy sector, including investments on the energy demand side, in the form of energy efficiency improvements, by closer integration of the Union and Energy Community energy markets. This entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the Energy Community Contracting Parties. Furthermore, the Commission Communication on the short term resilience of the European gas system from October 2014 refers to the need to apply internal energy market rules on the flow of energy between the Union Member States and the Energy Community Contracting Parties. In this regard, in order to ensure an efficient crisis management on borders between the Union Member States and the Contracting Parties, the necessary arrangements following the adoption of a Joint Act should be set so that specific cooperation with any individual Energy Community Contracting Party can take place once the required mutual provisions have been duly put into place..

Amendment 321 #

Proposal for a regulation
Recital 41

(41) One of the Union goals is to strengthen the Energy Community that would ensure effective implementation of the Union energy acquis, energy market reforms, enforceable agreements which enhance the security of supply and transit through these countries, and incentivising investments in the energy sector by ~~closer~~gradual integration of the Union and Energy Community energy markets. This entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the Energy Community Contracting Parties. Furthermore, the Commission Communication on the short term resilience of the European gas system from October 2014 refers to the need to apply internal energy market rules on the flow of energy between the Union Member States and the Energy Community Contracting Parties. In this regard, in order to ensure an efficient crisis management on borders between the Union Member States and the Contracting Parties, the necessary arrangements following the adoption of a Joint Act should be set so that specific cooperation with any individual Energy Community Contracting Party can take place once the required mutual provisions have been duly put into place..

Amendment 322 #

Proposal for a regulation
Recital 41

(41) One of the Union goals is to strengthen the Energy Community that would ensure effective implementation of the Union energy acquis, energy market reforms and incentivising investments in the energy sector by closer integration of the Union and Energy Community energy markets. This entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the Energy Community Contracting Parties. Furthermore, the Commission Communication on the short term resilience of the European gas system from October 2014 refers to the need to apply internal energy market rules on the flow of energy between the Union Member States and the Energy Community Contracting Parties. In this regard, in order to ensure an efficient crisis management on borders between the Union Member States and the Contracting Parties and to ensure that the eventual burden is equally shared by all Union Member State, the necessary arrangements following the adoption of a Joint Act should be set so that specific cooperation with any individual Energy Community Contracting Party can take place once the required mutual provisions have been duly put into place..

Amendment 323 #

Proposal for a regulation
Recital 41

(41) One of the Union goals is to strengthen the Energy Community ~~that would ensure effective implementation of the Union energy acquis, energy market reform~~in order to ensure solidarity with its members and incentivis~~ing~~e investments in the energy sector by closer integration of the Union and Energy Community energy markets. This entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the Energy Community Contracting Parties. Furthermore, the Commission Communication on the short term resilience of the European gas system from October 2014 refers to the need to apply internal energy market rules on the flow of energy between the Union Member States and the Energy Community Contracting Parties. In this regard, in order to ensure an efficient crisis management on borders between the Union Member States and the Contracting Parties, the necessary arrangements following the adoption of a Joint Act should be set so that specific cooperation with any individual Energy Community Contracting Party can take place once the required mutual provisions have been duly put into place..

Amendment 324 #

Proposal for a regulation
Recital 41

(41) ~~One of the Union goals is to s~~Strengthening the Energy Community ~~that~~is one of the Union goals, as this would ensure effective implementation of the Union energy acquis, energy market reforms and incentivi~~sing~~ze investments in the energy sector by closer integration of the Union and Energy Community energy markets. This also entails ~~also~~ introducing common crisis management by proposing preventive and emergency plans at the regional level including the Energy Community Contracting Parties. Furthermore, the Commission Communication on the short term resilience of the European gas system from October 2014 refers to the need to apply internal energy market rules on the flow of energy between the Union Member States and the Energy Community Contracting Parties. In this regard, in order to ensure an efficient crisis management on borders between the Union Member States and the Contracting Parties, the necessary arrangements following the adoption of a Joint Act should be set so that specific cooperation with any individual Energy Community Contracting Party can take place once the required mutual provisions have been duly put into place..

Amendment 325 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Simona BONAFÈ

Proposal for a regulation
Recital 42

(42) Since gas supplies from third countries are central to the security of the Union gas supply, while at the same dependency on one major supplier constitutes a notable security risk, the Commission should coordinate action with regard to third countries, work with supplying and transit countries on arrangements to handle crisis situations and ensure a stable gas flow to the Union. The Commission should be entitled to deploy a task force to monitor gas flows into the Union in crisis situations, in consultation with the third countries involved, and, where a crisis arises from difficulties in a third country, to act as mediator and facilitator.

Amendment 326 #

Proposal for a regulation
Recital 42

(42) Since gas supplies from third countries are central to the security of the Union gas supply, the Commission should coordinate action with regard to third countries, assess their sustainability, carbon footprint and long-term viability, work with supplying and transit countries on arrangements to handle crisis situations and ensure a stable gas flow to the Union. The Commission should be entitled to deploy a task force to monitor gas flows into the Union in crisis situations, in consultation with the third countries involved, and, where a crisis arises from difficulties in a third country, to act as mediator and facilitator.

Amendment 327 #

Proposal for a regulation
Recital 42

(42) Since gas supplies from third countries or gas transit through them are central to the security of the Union gas supply, the Commission should coordinate action with regard to third countries, work with supplying and transit countries on arrangements to handle crisis situations and ensure a stable gas flow to the Union. The Commission should ~~be entitled~~conclude agreements allowing it to deploy a task force to monitor gas flows into the Union in crisis situations, in consultation with the third countries involved, and, where a crisis arises from difficulties in a third country, to act as mediator and facilitator.

Amendment 328 #

Pavel TELIČKA, Angelika MLINAR, Kaja KALLAS, Morten PETERSEN, Lieve WIERINCK, Fredrick FEDERLEY

Proposal for a regulation
Recital 42

Amendment 329 #

Proposal for a regulation
Recital 42 a (new)

(42a) The Commission should take into account the political situations of the third countries suppliers of gas. The respect of democratic and environmental standards and human rights should guide the external energy policy of the European Union and Member States.

Amendment 330 #

Proposal for a regulation
Recital 42 a (new)

(42a) Underlines that giving one supplier a dominant position on the European gas market would change its architecture;

Amendment 331 #

Proposal for a regulation
Recital 44

(44) ~~The Member States acting~~Given the scale or effects onf the~~ir own cannot satisfactorily achieve the objective of this Regulation, namely to guarantee a secure gas supply within the Union. Given the scale or effects of the action, it~~ action, the objective of this Regulation is better achieved at Union level. The Union may therefore adopt measures, in accordance with the principle of subsidiarity set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective.

Amendment 332 #

Proposal for a regulation
Recital 44

(44) The Member States acting on their own cannot satisfactorily achieve the objective of this Regulation, namely to guarantee a secure gas supply within the Union. Given the scale or effects of the action, it is better achieved at Union level. The Union may therefore adopt measures, in accordance with the principle of subsidiarity set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective. Taking into account the competences of the Member States in the field of energy, the continued respect of the principles of subsidiarity and proportionality, in view of changing circumstances and taking into account the actual implementing actions, should be attentively assessed when periodically evaluating the Regulation.

Amendment 333 #

Proposal for a regulation
Recital 44

(44) The Member States acting on their own cannot satisfactorily achieve the objective of this Regulation, namely to guarantee a secure gas supply within the Union. Given the scale or effects of the action, it is better achieved at Union level. The Union may therefore adopt measures, with respect to national requirements in terms of security of supply and in accordance with the principle of subsidiarity set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective.

Amendment 334 #

Proposal for a regulation
Recital 44

(44) The Member States acting on their own cannot satisfactorily achieve the objective of this ~~Regulation~~Directive, namely to guarantee a secure gas supply within the Union. Given the scale or effects of the action, it is better achieved at Union level. The Union may therefore adopt measures, in accordance with the principle of subsidiarity set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective.

Amendment 335 #

Proposal for a regulation
Recital 45

(45) To allow for a swift Union response to changing circumstances as regards security of gas supply, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendment of regions and templates for risk assessment and plans. It is particularly important that the Commission carry out appropriate consultations during its preparatory work, including at expert level. When preparing and drawing up delegated acts, it should ensure that relevant documents are simultaneously sent to the European Parliament and the Council, in good time and in the appropriate manner.deleted

Amendment 336 #

Proposal for a regulation
Recital 45

(45) To allow for a swift Union response to changing circumstances as regards security of gas supply, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendment of regions and templates for risk assessment and plans. It is particularly important that the Commission carry out appropriate consultations during its preparatory work, including at expert level, involving the competent authorities and the National Regulatory Authorities. When preparing and drawing up delegated acts, it should ensure that relevant documents are simultaneously sent to the European Parliament and the Council, in good time and in the appropriate manner.

Amendment 337 #

Proposal for a regulation
Recital 45

(45) To allow for a swift Union response to changing circumstances as regards security of gas supply, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendment of ~~regions and~~ templates for risk assessment and plans. It is particularly important that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and involving the competent authorities and the National Regulatory Authorities. When preparing and drawing up delegated acts, it should ensure that relevant documents are simultaneously sent to the European Parliament and the Council, in good time and in the appropriate manner.

Amendment 338 #

Pavel TELIČKA, Angelika MLINAR, Morten PETERSEN, Lieve WIERINCK

Proposal for a regulation
Recital 45

(45) To allow for a swift Union response to changing circumstances as regards security of gas supply, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendment of regions and templates for risk assessment and plans. It is particularly important that the Commission carry out appropriate consultations during its preparatory work, including at expert level. When preparing and drawing up delegated acts, it should ensure that relevant documents are simultaneously sent to the European Parliament ~~and~~ the Council and Member States' experts, in good time and in the appropriate manner.

Amendment 339 #

Proposal for a regulation
Recital 45

(45) To allow for a swift Union response to changing circumstances as regards security of gas supply, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendment of regions and templates for risk assessment and plans. It is particularly important that the Commission carry out appropriate consultations during its preparatory work, including at expert level. When preparing and drawing up delegated acts, it should ensure that ~~relevant documents are simultaneously sent to the European Parliament and the Council, in good time and in the appropriate manner~~the Interinstitutional Agreement on Better Law-Making of 13 April 2016 is fully respected.

Amendment 340 #

Proposal for a regulation
Recital 46

(46) Regulation (EU) No 994/2010 should be repealed. To avoid a gap, the preventive action plans and emergency plans drawn up under Regulation (EC) No 994/2010 should remain in force until the new preventive action plans and emergency plans draw up under this ~~Regulation~~Directive are adopted for the first time.

Amendment 341 #

Proposal for a regulation
Article 1

This Regulation establishes provisions aimed at safeguarding the security of gas supply by ensuring the proper and continuous functioning of the internal market in natural gas ("gas"), based on credible gas demand's trends, by allowing for exceptional measures to be implemented when the market can no longer deliver the required gas supplies to the protected customers and by providing for a clear definition and attribution of responsibilities among natural gas undertakings, the Member States and the Union regarding both short term preventive action and the immediate reaction to concrete disruptions of supply. This Regulation also provides transparent mechanisms, in a spirit of solidarity, for the coordination of planning for, and response to, an emergency at Member State, regional and Union levels.

Amendment 342 #

Proposal for a regulation
Article 1

This Regulation establishes provisions aimed at safeguarding the security of gas supply by ensuring the proper and continuous functioning of the internal market in natural gas ("gas"), by allowing for exceptional measures to be implemented when the market can no longer deliver the required gas supplies and by providing for a clear definition and attribution of responsibilities among natural gas undertakings, the Member States and the Union regarding both preventive action and the reaction to concrete disruptions of supply. This Regulation also provides transparent mechanisms, in a spirit of solidarity, for the coordination of planning for, and response to, an emergency at Member State, regional and Union levels. Whenever possible, sustainable measures will be preferred over the construction of new gas infrastructures.

Amendment 343 #

Proposal for a regulation
Article 1

This Regulation establishes provisions aimed at safeguarding the security of gas supply by ensuring the proper and continuous functioning of the internal market in natural gas ("gas"), by allowing for exceptional measures to be implemented when the market can no longer deliver the required gas supplies and by providing for a clear definition and attribution of responsibilities among natural gas undertakings, the Member States and the Union regarding both preventive action and the reaction to concrete disruptions of supply, either at the source or on transit. This Regulation also provides transparent mechanisms, in a spirit of solidarity, for the coordination of planning for, and response to, an emergency at Member State, regional and Union levels.

Amendment 344 #

Proposal for a regulation
Article 1

This ~~Regulation~~Directive establishes provisions aimed at safeguarding the security of gas supply by ensuring the proper and continuous functioning of the ~~internal~~ market in natural gas ("gas"), by allowing for exceptional measures to be implemented when the market can no longer deliver the required gas supplies and by providing for a clear definition and attribution of responsibilities among natural gas undertakings, the Member States and the Union regarding both preventive action and the reaction to concrete disruptions of supply. This ~~Regulation~~Directive also provides transparent mechanisms, in a spirit of solidarity, for the coordination of planning for, and response to, an emergency at Member State, regional and Union levels.

Amendment 345 #

Proposal for a regulation
Article 1 – subparagraph 1 a (new)

This Regulation supports the development of some limited new gas infrastructure only in case of upmost necessity, once it has been assessed against sustainable alternatives of energy efficiency and renewable energy measures. Whenever possible, renewable sources of energy and energy efficiency will be preferred over the construction of new gas infrastructure.

Amendment 346 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Eugen FREUND, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Simona BONAFÈ

Proposal for a regulation
Article 1 – subparagraph 1 a (new)

This Regulation also encourages preventive measures reducing gas demand, for example through measures enhancing energy efficiency and increasing the share of renewable energy, in order to decrease the Union's dependency on gas imports.

Amendment 347 #

Pavel TELIČKA, Morten PETERSEN, Carolina PUNSET

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – introductory part

(1) 'protected customer’ means a household customer connected to a gas distribution network, an~~d, in addition, where the Member State concerned so decides, may also mean one or more of the following:~~ essential social service, a district heating installation to the extent that it delivers heating to household customers or other customers referred to in this paragraph provided that such installation is not able to switch to other fuels, and a small or medium-sized enterprise provided that it is connected to a gas distribution or transmission network and provided that such enterprises or services do not represent jointly more than 20% of the annual final gas consumption in that Member State.

Amendment 348 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – introductory part

(1) 'protected customer’' means a household customer ~~connected to a gas distribution network and, in addition, where the Member State concerned so decides, may also mean one or more of the following:~~, an essential social service or a district heating installation to the extent that it delivers heating to household customers and essential social services, which is connected to a gas distribution network;

Amendment 349 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – introductory part

(1) 'protected customer’' means a household customer or an essential social service connected to a gas distribution network ~~and, in addition, where the Member State concerned so decides, may also mean~~ or to a district heating installation provided that such installation is not able to switch to other fuels and is connected to a gas distributione or ~~more of the following:~~transmission network;

Amendment 350 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – introductory part

(1) 'protected customer’ means a household customer connected to a gas distribution network ~~and, in addition, where the Member State concerned so decides, may also mean one or more of the following~~:

Amendment 351 #

Xabier BENITO ZILUAGA, Neoklis SYLIKIOTIS, Sofia SAKORAFA

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – introductory part

Amendment 352 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – introductory part

(1) 'protected customer’ means a household customer connected to a gas distribution network, including household in situation of energy exclusion, and, in addition, where the Member State concerned so decides, may also mean one or more of the following:

Amendment 353 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – introductory part

(1) 'protected customer’ means a household customer connected to a gas distribution network and, in addition, where the Member State concerned so decides, may also mean ~~one or more of~~ the following:

Amendment 354 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – point a

(a) a small or medium-sized enterprise, provided that it is connected to a gas distribution network, or an essential social service, provided that it is connected to a gas distribution or transmission network, and provided that such enterprises or services do not represent jointly more than 20 % of the total annual final gas consumption in that Member State;deleted

Amendment 355 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – point a

Amendment 356 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – point a

Amendment 357 #

Pavel TELIČKA, Carolina PUNSET

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – point a

(a) ~~a small or medium-sized enterprise, provided that it is connected to a gas distribution network, or~~ an essential social service~~, provided that it is~~ connected to a gas distribution or transmission network~~, and provided that such enterprises or services do not represent jointly more than 20 % of the total annual final gas consumption in that Member State~~;

Amendment 358 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – point a

(a) a small or medium-sized enterprise, provided that it is connected to a gas distribution ~~network, or an essential social service, provided that it is connected to a gas distribution or~~and transmission network, ~~and~~ provided that such ~~enterprises or services do not represent jointly more than 20 % of the total annual final gas consumption in that Member State;~~installation is not able to switch to other fuels, or an absolutely essential social service.

Amendment 359 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – point a

(a) a small or medium-sized enterprise, provided that it is connected to a gas distribution network, or an essential ~~social~~public service, provided that it is connected to a gas distribution or transmission network, and provided that such enterprises or services do not represent jointly more than 20 50% of the total annual final gas consumption in that Member State;

Amendment 360 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – point b

(b) a district heating installation to the extent that it delivers heating to household customers or to the enterprises or services referred to in point (a) provided that such installation is not able to switch to other fuels and is connected to a gas distribution or transmission network;deleted

Amendment 361 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – point b

Amendment 362 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – point b

Amendment 363 #

Pavel TELIČKA

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – point b

Amendment 364 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – point b

Amendment 365 #

Eugen FREUND

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – point b

(b) ~~a district heating installation to the extent that it~~gas-fired plant, in particular combined heat and power plant, that fulfils a central function in supplying district heating and delivers heating to household customers or to the enterprises or services referred to in point (a) provided that such installation is not able to switch to other fuels and is connected to a gas distribution or transmission network;

Amendment 366 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – point b

(b) a district heating installation to the extent that it delivers heating to household customers or to the enterprises or services referred to in point (a) and provided that such installation is not able to switch to other fuels and is connected to a gas distribution or transmission network;

Amendment 367 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – point b a (new)

(ba) a small or medium-sized enterprise, provided that it is connected to a gas distribution network, and provided that such enterprises do not represent jointly more than 20 % of the total annual final gas consumption in that Member State;

Amendment 368 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 1 a (new)

(1a) "Energy security" means a way to make the EU less reliant on external energy supplies, specially reducing the internal demand through energy efficiency measures and increasing internal production via the development of renewable energy.

Amendment 369 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 2

~~(2) ‘essential social service' means a healthcare, emergency or security service;~~deleted

Amendment 370 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 2

~~(2) ‘essential social service' means a healthcare, emergency or security service;~~deleted

Amendment 371 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 2

(2) ‘essential ~~social~~public service'’ means a healthcare, emergency or security service or a military or administrative unit whose functioning is essential to the functioning of the State;

Amendment 372 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 2

(2) ‘essential social service' means a healthcare, emergency or security ~~service~~and defence service, including cyber security and other aspects of crisis management relevant to national security;

Amendment 373 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 2

(2) ‘essential social service' means a healthcare, emergency or security service, power plants which are essential to national electricity security of supply;

Amendment 374 #

Pavel TELIČKA, Morten PETERSEN

Proposal for a regulation
Article 2 – subparagraph 2 – point 2

(2) ‘'essential social service' means a healthcare, emergency or, security, education, childcare or defence service;

Amendment 375 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 2

(2) ‘absolutely essential social service' means a healthcare, emergency, important social or security service;

Amendment 376 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 2

(2) ‘essential social service' means a healthcare, emergency or, security or defence service;

Amendment 377 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 2

(2) ‘essential social service' means a healthcare, and emergency ~~or security~~ service;

Amendment 378 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 3 a (new)

(3a) 'biogas' means a renewable domestic source of methane obtained by biodegradable residues and ultimate wastes and that can be injected into existing gas transmission or distribution grids

Amendment 379 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 3 a (new)

(3a) 'competent authority' means a national governmental authority or a national regulatory authority designated by a Member State in accordance with Article 3(2);

Amendment 380 #

Proposal for a regulation
Article 2 – subparagraph 2 – point 3 a (new)

(3a) "Emergency Supply Corridors" means EU gas supply routes identified to help Member States to better mitigate the effects of potential supply and/or infrastructure disruption, thereby complementing and reinforcing the regional approach as referred to in Annex I.

Amendment 381 #

Proposal for a regulation
Article 3 – paragraph 1

1. Long-term and sustainable energy security shall be under the responsibility of Member States and the Commission. They shall ensure that any new measure is coherent with the EU's energy and climate objectives and strategies. Security of gas supply shall be a shared responsibility of natural gas undertakings, Member States, notably through their competent authorities, and the Commission, within their respective areas of activities and competence.

Amendment 382 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Jude KIRTON-DARLING, Simona BONAFÈ, Dan NICA

Proposal for a regulation
Article 3 – paragraph 1

1. Security of gas supply shall be a shared responsibility of natural gas undertakings, Member States, notably through their competent authorities, and the Commission, within their respective areas of activities and competence. Infrastructure operators shall be responsible for infrastructure, while supply undertakings shall be responsible for the function of supply.

Amendment 383 #

Proposal for a regulation
Article 3 – paragraph 4

4. When implementing the measures provided for in this Regulation, the competent authority shall establish the roles and responsibilities of the different actors involved in such a way as to ensure ~~that~~ a three-level approach ~~is respected~~ which involves first the relevant natural gas and, where appropriate, electricity undertakings, and industry, then Member States at national or regional level, and then the Union.

Amendment 384 #

Proposal for a regulation
Article 3 – paragraph 6

6. The measures to ensure the security of supply contained in the preventive action plans and in the emergency plans shall be clearly defined~~, transparent, proportionate, non-discriminatory and verifiable, shall not unduly distort competition and the effective functioning of the internal market in gas~~ and transparent and shall not endanger the security of gas supply of other Member States or of the Union as a whole.

Amendment 385 #

Proposal for a regulation
Article 3 – paragraph 6

6. The measures to ensure the security of supply contained in the preventive action plans and in the emergency plans shall be clearly defined, transparent, proportionate, non-discriminatory ~~and~~, verifiable~~, shall not unduly distort competition and the effective functioning of the internal market in gas~~ and compatible with 2030 and 2050 climate objectives, shall be demand- based and not supply-based, and shall not endanger the security of gas supply of other Member States or of the Union as a whole.

Amendment 386 #

Proposal for a regulation
Article 3 – paragraph 6

6. The measures to ensure the security of energy supply contained in the preventive action plans and in the emergency plans shall be clearly defined, transparent, proportionate, non- discriminatory ~~and verifiable~~, verifiable, sustainable and compatible with the climate and energy objectives, shall be demand-based and not exclusively supply-based, shall consider renewable energy sources and energy efficiency as priority solution to improve Europe's energy security, shall not unduly distort competition and the effective functioning of the internal market in gas ~~and~~, shall not endanger the security of gas supply of other Member States or of the Union as a whole, shall not contribute to create a new fossil fuel lock-in and shall limit the risk of stranded assets.

Amendment 387 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Eugen FREUND, Flavio ZANONATO, Carlos ZORRINHO, Jude KIRTON-DARLING, Simona BONAFÈ, Edouard MARTIN

Proposal for a regulation
Article 3 – paragraph 6

6. The measures to ensure the security of gas supply contained in the preventive action plans and in the emergency plans shall be clearly defined, transparent, proportionate, non-discriminatory ~~and verifiable~~, verifiable, sustainable and compatible with the EU's climate and energy objectives, shall consider energy efficiency and renewable energy sources as a priority solution to improve the EU's energy security, shall not unduly distort competition and the effective functioning of the internal market in gas and shall not endanger the security of gas supply of other Member States or, regions ofr the Union ~~as a whole~~.

Amendment 388 #

Proposal for a regulation
Article 3 – paragraph 6

6. The measures to ensure the security of supply contained in the preventive action plans and in the emergency plans the Member States are primarily responsible for shall be clearly defined, transparent, proportionate, non- discriminatory and verifiable and better coordinated within the region, shall not unduly distort competition and the effective functioning of the internal market in gas and shall not endanger the security of gas supply of other Member States or of the Union as a whole.

Amendment 389 #

Proposal for a regulation
Article 3 – paragraph 6

6. The measures to ensure the security of supply contained in the preventive action plans and in the emergency plans shall be clearly defined, transparent, proportionate, non-discriminatory and verifiable, shall be designed with the highest consideration of the principle of solidarity, shall not unduly distort competition and the effective functioning of the internal market in gas and shall not endanger the security of gas supply of other Member States or of the Union as a whole.

Amendment 390 #

Pavel TELIČKA, Angelika MLINAR, Kaja KALLAS, Morten PETERSEN, Lieve WIERINCK, Fredrick FEDERLEY

Proposal for a regulation
Article 3 – paragraph 6

6. The measures to ensure the security of supply contained in the preventive action plans and in the emergency plans shall be clearly defined, to the highest degree possible market based, transparent, proportionate, non-discriminatory and verifiable, shall not, un~~duly~~less absolutely unavoidable, distort competition and the effective functioning of the internal market in gas and shall not endanger the security of gas supply of other Member States or of the Union as a whole.

Amendment 391 #

Proposal for a regulation
Article 3 – paragraph 7

7. The composition of regions for the purposes of the regional cooperation as provided for in this Regulation shall be based on following criteria: (a) geographical proximity; (b) existing and planned interconnections and interconnection capacity between Member States as well as the supply patterns; (c) possibility to pool resources and balance risks for security of gas supply across the region; (d) market development and maturity; (e) manageable number of Member States in each region; (f) to the extent possible, existing regional co-operation structures. The list of the regions and their composition is set out in Annex I. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 to amend Annex I based on the criteria set out in the first subparagraph of this paragraph if the circumstances warrant a need for a change of a region.deleted

Amendment 392 #

Herbert REUL, Françoise GROSSETÊTE, Paul RÜBIG, Massimiliano SALINI

Proposal for a regulation
Article 3 – paragraph 7

Amendment 393 #

Proposal for a regulation
Article 3 – paragraph 7

Amendment 394 #

Proposal for a regulation
Article 3 – paragraph 7 – introductory part

7. The voluntary composition of regions for the purposes of the regional cooperation as provided for in this Regulation shall be based on following criteria:

Amendment 395 #

Proposal for a regulation
Article 3 – paragraph 7 – point b

(b) existing ~~and~~interconnections which directly or indirectly pass through a non- EU Member State, planned interconnections and interconnection capacity between Member States as well as the supply patterns;

Amendment 396 #

Proposal for a regulation
Article 3 – paragraph 7 – point b

(b) existing and planned interconnections ~~and~~, interconnection capacity between Member States, existing interconnections across non-EU States as well as the supply patterns;

Amendment 397 #

Proposal for a regulation
Article 3 – paragraph 7 – point b

(b) existing and planned interconnections and interconnection capacity between Member States in the same interconnected system as well as the supply patterns;

Amendment 398 #

Proposal for a regulation
Article 3 – paragraph 7 – point d

~~(d) market development and maturity;~~deleted

Amendment 399 #

Proposal for a regulation
Article 3 – paragraph 7 – point f a (new)

(fa) natural gas sources and transit routes currently used to cover a major share of their demand;

Amendment 400 #

Proposal for a regulation
Article 3 – paragraph 7 – subparagraph 2

~~The list of the regions and their composition is set out in Annex I.~~deleted

Amendment 401 #

Theresa GRIFFIN, Flavio ZANONATO

Proposal for a regulation
Article 3 – paragraph 7 – subparagraph 2

~~The list of the regions and their composition is set out in Annex I.~~deleted

Amendment 402 #

Proposal for a regulation
Article 3 – paragraph 7 – subparagraph 2 a (new)

The regional approach should be without prejudice to the responsibility of individual Member States to comply with their national security of supply standards, and should not prevent inter- regional cooperation outside the regions established in Annex I of this Regulation.

Amendment 403 #

Proposal for a regulation
Article 3 – paragraph 7 – subparagraph 3

~~The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 18 to amend Annex I based on the criteria set out in the first subparagraph of this paragraph if the circumstances warrant a need for a change of a region.~~

Amendment 404 #

Proposal for a regulation
Article 3 – paragraph 7 – subparagraph 3

Amendment 405 #

Pavel TELIČKA, Angelika MLINAR, Morten PETERSEN, Lieve WIERINCK

Proposal for a regulation
Article 3 – paragraph 7 – subparagraph 3

~~The Commiss~~Regions shall be ~~empowered to adopt delegated acts in accordance with Article 18 to amend Annex I based on the criteria set out in the first subparagraph of this paragraph if the circumstances warrant a need for a cha~~formed by intergovernmental agreement between Member States. These agreements shall establish the composition and functioninge of athe regional group.

Amendment 406 #

Proposal for a regulation
Article 3 – paragraph 7 – subparagraph 3

The Commission shall be empowered to adopt delegated acts in accordance with Article 18 and strictly in line with the Interinstitutional Agreement on Better Law-Making of 13 April 2016 to amend Annex I based on the criteria set out in the first subparagraph of this paragraph if the circumstances warrant a need for a change of a region.

Amendment 407 #

Proposal for a regulation
Article 3 – paragraph 7 a (new)

7a. A regional collaboration of Member States shall be based on an assessment of correlated supply risks and probability of shortfalls. The Commission shall identify and assess potential supply risks together with National Regulatory Authorities of the Member States and natural gas suppliers. The principles for this assessment are set out in Annex 1.

Amendment 408 #

Proposal for a regulation
Article 3 – paragraph 7 a (new)

7a. The composition of regions shall be assessed by the Commission when the evaluation of the regulation is conducted, after 6 years, taking into account the effective results reached in the enhancement of its solidarity and security goals, their overall impact, and the efficiency in the use of resources.

Amendment 409 #

Proposal for a regulation
Article 3 – paragraph 7 a (new)

7a. The regional cooperation shall provide for the development of an inter- regional cooperation mechanism as set out in the Preventive Action Plans and Emergency Plans (Article 7).

Amendment 410 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Dan NICA, Edouard MARTIN

Proposal for a regulation
Article 4 – paragraph 1

1. Each Member State or, where a Member State so provides, the competent authority shall ensure that the necessary measures are taken so that in the event of a disruption of the single largest gas infrastructure, the technical capacity of the remaining infrastructure, determined according to the N – 1 formula as provided in point 2 of Annex II, is able, without prejudice to paragraph 2 of this Article, to satisfy, based on reliable gas consumption's trends, long-term impacts of energy efficiency measures on this demand, and utilisation rates of existing capacities, total gas demand of the ~~calculated~~ area during a day of exceptionally high gas demand occurring with a statistical probability of once in 20 years. This is without prejudice to the responsibility of system operators to make the corresponding investments and to the obligations of transmission system operators as laid down in Directive 2009/73/EC and Regulation (EC) No 715/2009. However, each Member State's competent authority shall not to promote any new gas infrastructure until all less stringent alternatives (mainly demand- side and renewable energy measures) have been assessed.

Amendment 411 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Simona BONAFÈ, Dan NICA, Edouard MARTIN

Proposal for a regulation
Article 4 – paragraph 1

1. Each Member State or, where a Member State so provides, the competent authority shall ensure that the necessary measures are taken so that in the event of a disruption of the single largest gas infrastructure, the technical capacity of the remaining infrastructure, determined according to the N – 1 formula as provided in point 2 of Annex II, is able, without prejudice to paragraph 2 of this Article, to satisfy total gas demand of the calculated area during a day of exceptionally high gas demand occurring with a statistical probability of once in 20 years. This should be done having regard to gas consumption trends, taking the long-term impacts of energy efficiency measures and the utilisation rates of existing capacities into account. This is without prejudice to the responsibility of system operators to make the corresponding investments and to the obligations of transmission system operators as laid down in Directive 2009/73/EC and Regulation (EC) No 715/2009.

Amendment 412 #

Proposal for a regulation
Article 4 – paragraph 2

2. The obligation to ensure that the remaining infrastructure has the technical capacity to satisfy total gas demand, as referred to in paragraph 1, shall also be considered to be fulfilled where the competent authority demonstrates in the preventive action plan that a supply disruption may be sufficiently compensated for, in a timely manner, by appropriate market- and non-market based demand-side measures. For that purpose, the formula provided in point 4 of Annex II shall be used.

Amendment 413 #

Proposal for a regulation
Article 4 – paragraph 2

2. The obligation to ensure that the remaining infrastructure has the technical capacity to satisfy total gas demand, as referred to in paragraph 1, shall also be considered to be fulfilled where the competent authority demonstrates in the preventive action plan that a supply disruption may be sufficiently compensated for, in a timely manner, by appropriate ~~market-based~~ demand-side measures. For that purpose, the formula provided in point 4 of Annex II shall be used.

Amendment 414 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Dan NICA

Proposal for a regulation
Article 4 – paragraph 4 – point b

where an exemption from that obligation has been granted, after detailed assessment and consultation with other Member States of the region and with the Commission.

Amendment 415 #

Proposal for a regulation
Article 4 – paragraph 4 a (new)

(4a) Member States shall ensure that, as a first step, the market is always tested in a transparent, detailed and non- discriminatory manner, to assess whether the investment needed to fulfil the obligations set out in paragraph 4 is required.

Amendment 416 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Carlos ZORRINHO, Jude KIRTON-DARLING, Edouard MARTIN

Proposal for a regulation
Article 4 – paragraph 5

5. National regulatory authorities shall take into account the efficiently incurred costs ofand volumes necessary for fulfilling the obligation set out in paragraph 1, including how energy efficiency measures to reduce gas demand may contribute to the most cost-effective approach to fulfilling the N-1 formula, and the costs of enabling permanent bi-directional capacity so as to grant appropriate incentives when fixing or approving, in a transparent and detailed manner, the tariffs or methodologies in accordance with Article 41(8) of Directive 2009/73/EC and Article 13 of Regulation (EC) No 715/2009.

Amendment 417 #

Proposal for a regulation
Article 4 – paragraph 5

5. National regulatory authorities shall take into account the efficiently incurred costs of fulfilling the obligation set out in paragraph 1, including how energy efficiency measures to reduce gas demand may contribute to the most cost-effective approach to fulfilling the N-1 formula, and the costs of enabling permanent bi- directional capacity so as to grant appropriate incentives when fixing or approving, in a transparent and detailed manner, the tariffs or methodologies in accordance with Article 41(8) of Directive 2009/73/EC and Article 13 of Regulation (EC) No 715/2009.

Amendment 418 #

Pavel TELIČKA, Morten PETERSEN, Carolina PUNSET, Lieve WIERINCK

Proposal for a regulation
Article 4 – paragraph 5

5. National regulatory authorities shall take into account the efficiently incurred costs of fulfilling the obligation set out in paragraph 1, including how energy efficiency measures to reduce gas demand may contribute to the more sustainable approach to fulfilling the N-1 formula, and the costs of enabling permanent bi- directional capacity so as to grant appropriate incentives when fixing or approving, in a transparent and detailed manner, the tariffs or methodologies in accordance with Article 41(8) of Directive 2009/73/EC and Article 13 of Regulation (EC) No 715/2009.

Amendment 419 #

Proposal for a regulation
Article 4 – paragraph 6

6. In so far as an investment for enabling or enhancing permanent bi- directional capacity is not required by the market and where that investment incurs costs in more than one Member State or in one Member State for the benefit of another Member State, the national regulatory authorities of all Member States concerned shall jointly decide on cost allocation before any investment decision is taken and explore the possibility and viability of EU funding. The cost allocation shall in particular take into account the proportion of the benefits of the infrastructure investments for the increase of security of supply of the Member States concerned as well as investments already made in the infrastructure in question.

Amendment 420 #

Proposal for a regulation
Article 4 – paragraph 6

6. In so far as an investment for enabling or enhancing permanent bi- directional capacity is not required by the market and where that investment incurs costs in more than one Member State or in one Member State for the benefit of another Member State, the national regulatory authorities of all Member States concerned shall jointly decide on cost allocation as laid down in Article 12 of Regulation 347/2013 before any investment decision is taken. The cost allocation shall in particular take into account the proportion of the benefits of the infrastructure investments for the increase of security of supply of the Member States concerned as well as investments already made in the infrastructure in question.

Amendment 421 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ

Proposal for a regulation
Article 4 – paragraph 6

6. In so far as an investment for enabling or enhancing permanent bi- directional capacity is not required by the market and where that investment incurs costs in more than one Member State or in one Member State for the benefit of another Member State, the national regulatory authorities of all Member States concerned shall jointly decide on cost allocation as laid down in Article 12 of Regulation 347/2013 before any investment decision is taken. The cost allocation shall in particular take into account the proportion of the benefits of the infrastructure investments for the increase of security of supply of the Member States concerned as well as investments already made in the infrastructure in question.

Amendment 422 #

Proposal for a regulation
Article 4 – paragraph 7

7. The competent authority shall ensure that any new transmission infrastructure contributes to the security of supply through the development of a well- connected network, including, where appropriate, by means of a sufficient number of cross-border entry and exit points according to market demand and the risks identified. The competent authorities shall assess in the risk assessment whether, with an integrated perspective on gas and electricity systems, internal bottlenecks exist and whether national entry capacity and infrastructures, in particular transmission networks, are capable of adapting the national and cross border gas flows to the scenario of the disruption of the single largest gas infrastructure at national level and the single largest gas infrastructure of common interest to the region identified in the risk assessment.

Amendment 423 #

Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 a (new)

During an emergency, gas flow through bi-directional permanent capacity constructed to enhance the security of gas supply of a Member State shall have priority over gas flow through other points in the system.

Amendment 424 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Simona BONAFÈ, Edouard MARTIN

Proposal for a regulation
Article 4 – paragraph 7 a (new)

7a. During an emergency, defined in Article 10 (1) (c) and 11(1), gas flow through bi-directional permanent capacity constructed to enhance the security of gas supply in of a Member State shall have priority over gas flow through other points in the system.

Amendment 425 #

Proposal for a regulation
Article 4 – paragraph 7 a (new)

7a. The competent authority, using the same criteria, shall ensure that demand- side measures meet the same conditions and can contribute on an equal and cost- effective basis to the security of supply.

Amendment 426 #

Proposal for a regulation
Article 4 – paragraph 8 – subparagraph 2

Luxembourg, Slovenia and Sweden shall ensure, in a transparent, detailed and non- discriminatory manner, regular ~~market~~comprehensive testing for investments in infrastructure, including environmental, social and market considerations, and make public the results of those tests. They shall inform the Commission of any change in respect of the conditions set out in that subparagraph. The exception laid down in the first subparagraph shall cease to apply where at least one of those conditions is no longer fulfilled.

Amendment 427 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Jude KIRTON-DARLING, Simona BONAFÈ

Proposal for a regulation
Article 4 – paragraph 8 – subparagraph 3

By 3 December 2018, Luxembourg, Slovenia and Sweden shall transmit a report to the Commission describing the situation with respect to the respective conditions set out in that subparagraph and the prospects for the compliance with the obligation in paragraph 1, taking into account the overall environmental, social and economic impact of meeting the infrastructure standard, the results of the ~~market~~comprehensive testing and the gas market development and gas infrastructure projects in the region. On the basis of the report and if the respective conditions set out in the first subparagraph are still met, the Commission may decide that the exception can continue to apply for four more years. In the event of a positive decision, the procedure set out in this subparagraph shall be repeated after four years.

Amendment 428 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. The ~~competent~~national regulatory authority shall require the natural gas undertakings, that it identifies, to take measures, in close collaboration with electricity undertakings, to ensure the supply of gas to the protected customers of the Member State in each of the following cases:

Amendment 429 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. The competent authority shall require the natural gas undertakings, that it identifies, to take measures, in close collaboration with electricity undertakings to ensure the supply of ~~gas~~energy to the protected customers of the Member State in each of the following cases:

Amendment 430 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. The competent authority shall require the natural gas undertakings, that it identifies, to take measures to ensure that the supply of ~~gas to the~~energy necessary for the comfort, security and health of protected customers of the Member State is maintained in each of the following cases:

Amendment 431 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. The competent authority shall require ~~the natural gas undertaking~~suppliers, that it identifies, to take measures to ensure, based on the physical availability of gas, the supply of gas to the protected customers of the Member State in each of the following cases:

Amendment 432 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. The competent authority shall ~~requi~~ensure theat natural gas undertakings, ~~that it identifies,~~ to take measures to ensure the supply of gas to the protected customers of the Member State in each of the following cases:

Amendment 433 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 a (new)

In Member States where only one source of gas is available, this duty should be fulfilled by the importing supplier.

Amendment 434 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 a (new)

These cases should be assessed with a serious consideration for gas demand, its long-term consumption trend and long- term impacts of energy efficiency measures and deployment of renewable energy sources.

Amendment 435 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

No later than 31 March 2017 Member States shall notify the Commission ~~their definition of protected customers,~~ the annual gas consumption volumes of the protected customers and the percentage they represent of the total annual final gas consumption in that Member State. Where a Member State includes in its definition of protected customers the categories referred to in point (a) or (b) of Article 2 (1) it shall specify in the notification to the Commission the gas consumption volumes corresponding to consumers belonging to those categories and the percentage that each of those groups of consumers represents in terms of the annual final use of gas.

Amendment 436 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

Amendment 437 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

No later than 31 March 2017 Member States shall notify the Commission ~~their definition of protected customers~~, the annual gas consumption volumes of the protected customers and the percentage they represent of the total annual final gas consumption in that Member State. Where a Member State includes in its definition of protected customers the categories referred to in point (a) or (b) of Article 2 (1) it shall specify in the notification to the Commission the gas consumption volumes corresponding to consumers belonging to those categories and the percentage that each of those groups of consumers represents in terms of the annual final use of gas.

Amendment 438 #

Pavel TELIČKA, Angelika MLINAR, Morten PETERSEN, Carolina PUNSET

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

No later than 31 March 2017 Member States shall notify the Commission their definition of protected c~~ustomers, the~~onsumers which shall apply until 31 December 2018, annual gas consumption volumes of the protected customers and the percentage they represent of the total annual final gas consumption in that Member State. Where a Member State includes in its definition of protected customers the categories referred to in point (a) or (b) of Article 2 (1) it shall specify in the notification to the Commission the gas consumption volumes corresponding to consumers belonging to those categories and the percentage that each of those groups of consumers represents in terms of the annual final use of ga, as well as the extent to which the gas supply to its protected customers may influence cross- border flows to other Member States.

Amendment 439 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

No later than 31 March 2017 Member States shall notify the Commission their ~~definition~~list of protected customers, the annual gas consumption volumes of the protected customers and the percentage they represent of the total annual final gas consumption in that Member State. Where a Member State includes in its ~~definition~~list of protected customers the categories referred to in point (a) or (b) of Article 2 (1) it shall specify in the notification to the Commission the gas consumption volumes corresponding to consumers belonging to those categories and the percentage that each of those groups of consumers represents in terms of the annual final use of gas.

Amendment 440 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 3

~~The competent authority shall identify the natural gas undertakings referred to in the first subparagraph and specify them in the preventive action plan.~~ Any new measures envisaged to ensure the supply standard shall comply with the procedure established in Article 8(4).

Amendment 441 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Flavio ZANONATO, Jude KIRTON-DARLING, Simona BONAFÈ

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 3

Amendment 442 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 3

The competent authority shall identify the natural gas and, where appropriate, electricity undertakings referred to in the first subparagraph and specify them in the preventive action plan. Any new measures envisaged to ensure the supply standard, such as enhanced energy efficiency measures, notably in buildings, shall comply with the procedure established in Article 8(4).

Amendment 443 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 3

The competent authority shall identify the natural gas and electricity undertakings referred to in the first subparagraph and specify them in the preventive action plan. Any new measures envisaged to ensure the supply standard shall comply with the procedure established in Article 8(4).

Amendment 444 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Martina WERNER, Eugen FREUND, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Edouard MARTIN

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 4

Member States may comply with the obligation laid down in the first subparagraph of this paragraph by reducing the demand for gas through the implementation of energy efficiency measures or by replacing the gas with a different source of energy, in particular renewable energy, to the extent that the same level of protection is achieved.

Amendment 445 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 4

Member States may comply with the obligation laid down in the first subparagraph by ~~replacing the gas with different source of energy~~measures that will reduce the energy consumption or by replacing the gas with different source of energy, in particular biogas and other renewable energy sources, to the extent that the same level of protection is achieved.

Amendment 446 #

Proposal for a regulation
Article 5 – paragraph 2

2. Any increased supply standard going beyond the 30-day period referred to in points (b) and (c) of paragraph 1 or any additional obligation imposed for reasons of security of gas supply shall be based on the risk assessment referred to in Article 6, shall be reflected in the preventive action plan and shall: (a) comply with Article 3(6); (b) not impact negatively on the ability of any other Member State to supply its protected customers in accordance with this Article in the event of a national, regional or Union emergency; and (c) comply with the criteria specified in Article 11(5) in the event of a regional or Union emergency. A justification of the compliance of the measures referred to in the first subparagraph with the conditions set out in that paragraph shall be included in the preventive action plan. Additionally, any new measure referred to in the first subparagraph shall comply with the procedure established in Article 8(4).deleted

Amendment 447 #

Proposal for a regulation
Article 5 – paragraph 2 – introductory part

2. ~~Any~~Member States shall refrain from defining increased supply standard going beyond the 30-day period referred to in points (b) and (c) of paragraph 1 or any additional obligation imposed for reasons of security of gas supply ~~shall be based on the risk assessment referred to in Article 6, shall be reflected in the preventive action plan and shall:~~.

Amendment 448 #

Proposal for a regulation
Article 5 – paragraph 2 – point a

~~(a) comply with Article 3(6);~~deleted

Amendment 449 #

Proposal for a regulation
Article 5 – paragraph 2 – point b

~~(b) not impact negatively on the ability of any other Member State to supply its protected customers in accordance with this Article in the event of a national, regional or Union emergency; an~~deleted

Amendment 450 #

Proposal for a regulation
Article 5 – paragraph 2 – point c

~~(c) comply with the criteria specified in Article 11(5) in the event of a regional or Union emergency.~~deleted

Amendment 451 #

Proposal for a regulation
Article 5 – paragraph 2 a (new)

2a. Based on an assessment consistent with the Cost-Benefit Analysis methodology as defined in the Regulation (EC) No 347/2013, competent authorities shall consider increasing the supply standards in order to improve the physical availability of gas in case of an emergency, taking into account the availability of existing gas infrastructure at a regional level.

Amendment 452 #

Proposal for a regulation
Article 5 – paragraph 3

3. After the periods defined by the competent authority in accordance with paragraphs ~~1 and 2, or under more severe conditions than those defined in paragraph~~ 1, the competent authority and natural ~~gas undertaking~~suppliers shall endeavour to maintain, as far as possible, the gas supply, in particular for protected customers.

Amendment 453 #

Proposal for a regulation
Article 5 – paragraph 3

3. After the periods defined by the competent authority in accordance with paragraphs ~~1 and 2, or under more severe conditions than those defined in paragraph~~ 1, the competent authority and natural gas undertakings shall endeavour to maintain, as far as possible, the gas supply, in particular for protected customers.

Amendment 454 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Simona BONAFÈ

Proposal for a regulation
Article 5 – paragraph 4

4. The obligations imposed on ~~natural gas undertaking~~suppliers for the fulfilment of the supply standards laid down in this Article shall be non-discriminatory and shall not impose an undue burden on those undertakings.

Amendment 455 #

Proposal for a regulation
Article 5 – paragraph 5

5. Natural gas undertakings shall be allowed to meet their obligations under this Article at a regional or Union level, where appropriate. The competent authorities shall not require the standards laid down in this Article to be met based on infrastructure or demand-side measures located only within its territory.

Amendment 456 #

Proposal for a regulation
Article 5 – paragraph 5

5. Natural gas undertakings shall be allowed to meet their obligations under this Article at a regional or Union level, where appropriate. The competent authorities ~~shall not~~may require the standards laid down in this Article to be met based on infrastructure located only within its territory.

Amendment 457 #

Pavel TELIČKA, Morten PETERSEN, Lieve WIERINCK

Proposal for a regulation
Article 5 – paragraph 5

5. ~~Natural gas undertaking~~Suppliers shall be allowed to meet their obligations under this Article at a regional or Union level, where appropriate. The competent authorities shall not require the standards laid down in this Article to be met based on infrastructure located only within its territory.

Amendment 458 #

Proposal for a regulation
Article 5 – paragraph 5 a (new)

5a. When meeting the obligations under this Article, natural gas undertakings shall subscribe the capacity necessary to the physical delivery of gas.

Amendment 459 #

Proposal for a regulation
Article 5 – paragraph 5 a (new)

5a. When meeting the obligations under this Article, natural gas undertakings shall subscribe the firm capacity necessary to the physical delivery of gas.

Amendment 460 #

Proposal for a regulation
Article 5 – paragraph 6

6. The competent authorities shall ensure that conditions for supplies to protected customers are established without prejudice to the proper functioning of the internal energy market and at a price respecting the market value of the supplies. Suppliers shall ensure that supply interruptions due to well-known risks concerning particular gas transport routes are not subject to contractual force majeure clauses.

Amendment 461 #

Proposal for a regulation
Article 5 – paragraph 6 a (new)

6a. By [6 months after the date of entry into force of this regulation], the Member States shall establish measures to impose fines on suppliers if they fail to comply with the supply standards described in paragraph 1. Such fines shall be effective, proportionate and persuasive.

Amendment 462 #

Proposal for a regulation
Article 5 – paragraph 6 a (new)

6a. Member States shall establish measures to impose effective, proportionate and persuasive fines on gas undertakings failing to comply with supply standards defined in paragraph (1).

Amendment 464 #

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. ~~The~~Each competent authorit~~ies of each region as listed in Annex I shall jointly make an~~y in cooperation with the national regulatory authorities where they are not the competent authorities of each Member State shall undertake a full national assessment atincluding regional ~~level~~aspects of all risks affecting the security of gas supply~~. The assessment shall take into account all relevant risks such as natural disasters, technological, commercial, social, political and o~~ so as to allow for a genuine bottom-up approach of cooperation. The assessment shall be conducted on the basis of the following common elements of ther risks~~. The risk assessment shall be carried out~~ affecting the security of gas supply in its Member State by:

Amendment 465 #

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. The competent authorities, in cooperation with the national regulatory authorities where they are not the competent authorities, of each region as listed in Annex I shall jointly make an assessment at regional level of all possible risks affecting the security of gas supply. The assessment shall take into account all relevant and possible risks such as natural disasters, technological, climate, commercial, social, political and other risks, while taking in consideration gas demand in Europe, its long-term consumption trend, the impacts of efficiency measures and deployment of renewable energy sources on that demand and the utilisation rates of existing infrastructure. The risk assessment shall be carried out by:

Amendment 466 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Martina WERNER, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Edouard MARTIN

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. The competent authorities of each region as listed in Annex I shall jointly make an assessment at regional level of all risks affecting the security of gas supply. The assessment shall take into account all relevant risks such as natural disasters, technological, commercial, social, political and other risks, including those with neighbouring Member States in a different regional grouping. The risk assessment shall be carried out by:

Amendment 467 #

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. The competent authorities of each region as listed in Annex I shall jointly make an assessment at regional level of all risks affecting the security of gas supply ("risk assessment"). The assessment shall take into account all relevant risks such as natural disasters, technological, geopolitical, environmental, climate, commercial, social, political and other risks. The risk assessment shall be carried out by:

Amendment 468 #

Pavel TELIČKA, Angelika MLINAR, Morten PETERSEN, Carolina PUNSET, Lieve WIERINCK

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

Amendment 469 #

Herbert REUL, Françoise GROSSETÊTE, Paul RÜBIG, Massimiliano SALINI

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. ~~The~~Each competent authorit~~ies of each region as listed in Annex I shall jointly make an assessment at regional level~~y shall make an assessment of all risks affecting the security of gas supply. The assessment shall take into account ~~all~~ relevant risks such as natural disasters, technological, commercial, social, political and other risks. The risk assessment shall be carried out by:

Amendment 470 #

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. The competent authorities of each region as listed in Annex I shall jointly make an assessment at regional level of all risks affecting the security of gas supply ("risk assessment"). The assessment shall take into account all relevant risks such as natural disasters, technological, commercial, social, political and other risks. The risk assessment shall, inter alia, be carried out by:

Amendment 471 #

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

Amendment 472 #

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

Amendment 473 #

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. The competent authorities ~~of each region as listed in Annex I~~ shall jointly make an assessment at regional level of all risks affecting the security of gas supply. The assessment shall take into account all relevant risks such as natural disasters, technological, geopolitical, environmental, climate, commercial, social, political and other risks. The risk assessment shall be carried out by:

Amendment 474 #

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. The competent authorities of each region ~~as listed in Annex I~~ shall jointly make an assessment at regional level of all risks affecting the security of gas supply. The assessment shall take into account all relevant risks such as natural disasters, technological, commercial, social, political and other risks. The risk assessment shall be carried out by:

Amendment 475 #

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

Amendment 476 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

Amendment 477 #

Proposal for a regulation
Article 6 – paragraph 1 – point a

(a) using the standards specified in Articles 4 and 5. The risk assessment shall describe the calculation of the N – 1 formula at national level and include a calculation of the N-1 formula at regional level. The risk assessment shall also include the assumptions used, including those for the calculation of the N – 1 formula at regional level. The risk assessment shall also include the assumptions used, and the data necessary for such calculation. The calculation of the N-1 formula at national level ~~shall~~could be accompanied by a simulation of the disruption of the single largest infrastructure using a hydraulic model as well as a calculation of the N-1 formula considering the level of gas in storages at 30% and 100% of the total capacity;

Amendment 478 #

Proposal for a regulation
Article 6 – paragraph 1 – point a

(a) using the standards specified in Articles 4 and 5. The risk assessment shall describe the calculation of the N – 1 formula at national level and include a calculation of the N-1 formula at regional level. The risk assessment shall also include the assumptions used, including those for the calculation of the N – 1 formula at regional level, and the data necessary for such calculation. The calculation of the N-1 formula at national level shall be accompanied by a simulation of the disruption of the single largest infrastructure using a hydraulic modelling on the level of the transmission system operators as well as a calculation of the N- 1 formula considering the level of gas in storages at 30% and 100% of the total capacity;

Amendment 479 #

Proposal for a regulation
Article 6 – paragraph 1 – point b

(b) taking into account all relevant national and regional circumstances, in particular market size, the potential for gas demand reduction through energy efficiency measures, network configuration, demand's trends, actual flows, including outflows from the Member States concerned, the possibility of physical gas flows in both directions including the potential need for consequent reinforcement of the transmission system, the presence of production and storage, in particular the penetration of biogas into the gas grid, and the role of gas in the energy mixes, in particular with respect to heating and cooling demand in the national or regional building stock, and the district heating serving it and electricity generation and for the operation of industries, and safety and gas quality considerations;

Amendment 480 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Martina WERNER, Eugen FREUND, Flavio ZANONATO, Carlos ZORRINHO, Jude KIRTON-DARLING, Simona BONAFÈ

Proposal for a regulation
Article 6 – paragraph 1 – point b

(b) taking into account all relevant national and regional circumstances, in particular market size, ~~network configuration~~the potential for gas demand reduction through energy efficiency measures and the deployment of renewable energy sources, network configuration, gas consumption trends, the utilisation rate of existing infrastructure, actual flows, including outflows from the Member States concerned, the possibility of physical gas flows in both directions including the potential need for consequent reinforcement of the transmission system, the presence of production and storage and the role of gas in the energy mixes, in particular with respect to district heating and electricity generation and for the operation of industries, and safety and gas quality considerations;

Amendment 481 #

Proposal for a regulation
Article 6 – paragraph 1 – point b

(b) taking into account all relevant ~~national and~~ inter-regional circumstances, ~~in particular market size~~cross-border interconnections with the Member State from outside the region and with the neighbouring country from the Energy Community, network configurations, actual flows, including outflows from the Member States concerned, the possibility of physical gas flows in both directions including the potential need for consequent reinforcement of the transmission system, the presence of production and storage and the role of gas in the energy mixes, in particular with respect to district heating and electricity generation and for the operation of industries, and safety and gas quality considerations;

Amendment 482 #

Proposal for a regulation
Article 6 – paragraph 1 – point c – introductory part

(c) running various scenarios of demand reduction resulting from energy efficiency measures, as well as exceptionally high gas demand and supply disruption, taking into account the history, probability, season, frequency and duration of their occurrence and assessing their likely consequences, such as:

Amendment 483 #

Proposal for a regulation
Article 6 – paragraph 1 – point c – point ii

(ii) disruption of supplies from third country suppliers, as well as~~, where appropriate, geo~~ geopolitical risks that may directly or indirectly affect the Member State by increased dependence or by one supplier achieving a dominant polsiti~~cal risks~~on on the European gas market;

Amendment 484 #

Proposal for a regulation
Article 6 – paragraph 1 – point c – point ii

(ii) disruption of supplies from third country s~~upplier~~ources or in transit through third countries, as well as, where appropriate, geopolitical risks, with special emphasis on preserving peace within the immediate neighbours of the Union;

Amendment 485 #

Proposal for a regulation
Article 6 – paragraph 1 – point c – point ii

(ii) disruption of supplies from third country suppliers~~, as well as, where appropriate, geopolitical risk~~ or reduction of supplies because of overconsumption in transit countries;

Amendment 486 #

Proposal for a regulation
Article 6 – paragraph 1 – point c – point ii

(ii) disruption of gas supplies, inter alia from third country suppliers, as well as, where appropriate, geopolitical risks;

Amendment 487 #

Proposal for a regulation
Article 6 – paragraph 1 – point c – point ii

(ii) disruption of supplies, inter alia from third country suppliers, as well as, where appropriate, geopolitical risks;

Amendment 488 #

Proposal for a regulation
Article 6 – paragraph 1 – point c – point ii a (new)

(iia) ability to satisfy the demand of protected customers in the region during supply disruption at national, regional and union-wide level, from the single largest supplier from a third country;

Amendment 489 #

Proposal for a regulation
Article 6 – paragraph 1 – point c – point ii a (new)

(iia) including electricity systems which can be also used as a complementarity solution to transport electricity powered by gas;

Amendment 490 #

Proposal for a regulation
Article 6 – paragraph 1 – point d

(d) identifying the interaction and correlation of risks among ~~the~~connected Member States in the region and with other Member States, as appropriate, including, inter alia, as regards interconnections, cross-border supplies, cross-border access to storage facilities and bi-directional capacity;

Amendment 491 #

Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)

(da) taking into account risks related to the control of infrastructure relevant for the security of gas supply by natural gas undertakings from a third country, which may also be located outside the European Union, whereas the control, may imply, inter alia, risks of under-investment, undermining diversification, misuse of existing infrastructure or a breach of Union law;

Amendment 492 #

Pavel TELIČKA, Angelika MLINAR, Kaja KALLAS, Gerben-Jan GERBRANDY, Morten PETERSEN, Carolina PUNSET, Lieve WIERINCK, Fredrick FEDERLEY

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1a. The Commission may share experience gained in conducting a risk assessment in one region with other regions, wherever appropriate, and thereby contribute to ensuring also a cross regional focus.

Amendment 493 #

Herbert REUL, Françoise GROSSETÊTE, Paul RÜBIG, Massimiliano SALINI

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1

~~The competent auth~~In close collaboriatieson within each region shall agree on a cooperation mechanism to conduct the risk assessment within the deadline provided for in paragraph 5 of this Article. Competent authorities shall report to the Gas Coordination Group on the agreed cooperation mechanism f the Gas Coordination Group, taking into account ENTSO-G analysis, the Commission shall identify major joint risks for the security of gas supply and shall also propose which Members States shall work conducting the risk assessment 18 months before the deadline for the adoption of the risk assessment and the updates of the risk assessment. The Commission may have a facilitating role overall in the preparation of the risk assessment, in particular for the establishment of the cooperation mechanism. If competent authorities withlosely together to carry out a joint analysis of the possible impact of such risks on the security of gas supply in the relevant concerned Member States. Each group shall prepare a document containing: - Relevant data for the assessment of the analysed risk, including a ~~region do not agree on a cooperation mechanism, the Commission may propose a cooperation mechanism for that region~~lternative ways of gas supply - Analysis of the impacts and propagation of the supply disruption along supply corridor.

Amendment 494 #

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1

Amendment 495 #

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1

~~The~~On the basis of the regional comope~~tent authorities within each region~~ration of Member States pursuant Article 3(7), the competent authorities shall agree on a cooperation mechanism to conduct the risk assessment within the deadline provided for in paragraph 5 of this Article. Competent authorities shall report to the Gas Coordination Group on the agreed cooperation mechanism for conducting the risk assessment 18 months before the deadline for the adoption of the risk assessment and the updates of the risk assessment. The Commission may have a facilitating role overall in the preparation of the risk assessment, in particular for the establishment of the cooperation mechanism. If competent authorities ~~within a region do not agree on a cooperation mechanism~~of the connected Member States regarding regional cooperation do not agree on the content of the regional aspects of the risk assessment, the Commission may propose a cooperation mechanism for th~~at region~~e concerned Member States.

Amendment 496 #

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1

The competent authorities ~~within each region~~ shall agree on a cooperation mechanism to conduct the risk assessment within the deadline provided for in paragraph 5 of this Article. Competent authorities shall report to the Gas Coordination Group on the agreed cooperation mechanism for conducting the risk assessment 18 months before the deadline for the adoption of the risk assessment and the updates of the risk assessment. The Commission may have a facilitating role overall in the preparation of the risk assessment, in particular for the establishment of the cooperation mechanism. If competent authorities ~~within a region do not agree on a cooperation mechanism~~of connected Member States do not agree on the content of the regional aspects of the risk assessment, the Commission may propose a cooperation mechanism ~~for that region~~the Member States concerned.

Amendment 497 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1

The competent authorities within each region shall agree on a cooperation mechanism to conduct the risk assessment within the deadline provided for in paragraph 5 of this Article. Competent authorities shall ~~report to~~decide whether to consult with the Gas Coordination Group on the agreed cooperation mechanism for conducting the risk assessment 18 months before the deadline for the adoption of the risk assessment and the updates of the risk assessment. The Commission may have a facilitating role overall in the preparation of the risk assessment, in particular for the establishment of the cooperation mechanism. If competent authorities within a region do not agree on a cooperation mechanism, the Commission may propose a cooperation mechanism for that region.

Amendment 498 #

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2

Within the agreed cooperation mechanism each competent authority shall share and update one year before the deadline for the notification of the risk assessment all necessary national data necessary for the preparation of the risk assessment, notably for running the various scenarios referred to in point (c) of paragraph 1.deleted

Amendment 499 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Article 6 – paragraph 3

3. The risk assessment shall be prepared ~~in accordance with~~based on the template in Annex IV. ~~The Commission shall be empower~~If warranted, t~~o adopt delegated acts in accordance with Article 18 to amend those templat~~he templates can be adapted to particular circumstances.

Amendment 500 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Martina WERNER, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Miroslav POCHE, Jude KIRTON-DARLING, Dan NICA

Proposal for a regulation
Article 6 – paragraph 3

3. The risk assessment shall be prepared in accordance with the template in Annex IV. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 to amend those templates taking into account Member State implementation timeframes.

Amendment 501 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Simona BONAFÈ

Proposal for a regulation
Article 6 – paragraph 3

Amendment 502 #

Proposal for a regulation
Article 6 – paragraph 4

4. Natural gas undertakings, industrial gas customers, the relevant organisations representing the interests of household and industrial gas customers, the national regulatory authority for buildings, as well as Member States and the national regulatory authority, where it is not the competent authority, shall cooperate with the competent authorities and provide it upon request with all necessary information for the risk assessment.

Amendment 503 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Martina WERNER, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING

Proposal for a regulation
Article 6 – paragraph 5

5. The regional chapter on risk assessment once agreed by all connected Member States ~~in the region~~, cooperating pursuant to Article 3(7) shall be notified to the Commission for the first time no later than on 1 September 2018. The risk assessment shall be updated every four years unless circumstances warrant more frequent updates. The risk assessment shall take account of progress made in investments needed to cope with the infrastructure standard defined in Article 4 and of country-specific difficulties encountered in the implementation of new alternative solutions. It shall also build on the experience acquired through the simulation of the emergency plans contained in Article 9 (2).

Amendment 504 #

Proposal for a regulation
Article 6 – paragraph 5

5. The risk assessment once agreed by all Member States in the region shall be notified to the Commission for the first time no later than on 1 September 2018. The risk assessment shall be updated every four years unless circumstances warrant more frequent updates. The risk assessment shall take account of progress made in investments, including energy efficiency investments, needed to cope with the infrastructure standard defined in Article 4 and of country-specific difficulties encountered in the implementation of new alternative solutions. It shall also build on the experience acquired through the simulation of the emergency plans contained in Article 9 (2).

Amendment 505 #

Proposal for a regulation
Article 6 – paragraph 5

5. The risk assessment once agreed by all Member States in the region shall be notified to the Commission for the first time no later than on 1 September 2018. The risk assessment shall be updated every four years unless circumstances warrant more frequent updates. The risk assessment shall take account of progress made in investments needed to cope with the infrastructure standard defined in Article 4 and of country-specific difficulties encountered in the implementation of new alternative solutions including inter- regional interconnections. It shall also build on the experience acquired through the simulation of the emergency plans contained in Article 9 (2).

Amendment 506 #

Proposal for a regulation
Article 6 – paragraph 5

5. The risk assessment ~~once agreed by all Member States in the region~~ shall be notified to the Commission for the first time no later than on 1 September 2018. The risk assessment shall be updated every four years unless circumstances warrant more frequent updates. The risk assessment shall take account of progress made in investments needed to cope with the infrastructure standard defined in Article 4 and of country-specific difficulties encountered in the implementation of new alternative solutions. It shall also build on the experience acquired through the simulation of the emergency plans contained in Article 9 (2).

Amendment 507 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Carlos ZORRINHO, Jude KIRTON-DARLING

Proposal for a regulation
Article 6 – paragraph 5

5. The r~~isk assessment~~egional chapter once agreed by all connected Member States ~~in the region~~ shall be notified to the Commission for the first time no later than on 1 September 2018. The risk assessment shall be updated every four years unless circumstances warrant more frequent updates. The risk assessment shall take account of progress made in investments needed to cope with the infrastructure standard defined in Article 4 and of country-specific difficulties encountered in the implementation of new alternative solutions. It shall also build on the experience acquired through the simulation of the emergency plans contained in Article 9 (2).

Amendment 508 #

Proposal for a regulation
Article 6 – paragraph 6

6. By 1 November 2017 ENTSO for Gas shall carry out a Union wide simulation of supply and infrastructure disruption scenarios. The scenarios shall be defined by ENTSO for Gas in consultation with the Gas Coordination Group. The competent authorities shall provide ENTSO for Gas with the necessary data for the simulations such as peak demand values, production capacity and demand side measures. The competent authorities shall take into account the results of the simulations for the preparation of the risk assessments, preventive action plans and emergency plans. The Union-wide simulation of supply and infrastructure disruption scenarios shall be updated every four years unless circumstances warrant more frequent updateThe competent authorities shall take into account the results of the Union wide simulations carried out by ENTSO for Gas for the preparation of the risk assessments, preventive action plans and emergency plans.

Amendment 509 #

Proposal for a regulation
Article 6 – paragraph 6

6. By 1 November 2017 ENTSO for Gas shall carry out a Union wide simulation of supply and infrastructure disruption scenarios. The scenarios shall be defined by ENTSO for Gas in consultation with the Gas Coordination Group. The competent authorities shall provide ENTSO for Gas with the necessary data for the simulations such as peak demand values, production capacity and demand side measures. The competent authorities shall takeThe competent authorities shall take into account the results of the Union wide simulations carried out by ENTSO for Gas into acco~~unt the results of the simulations~~rdance with art. 10a (1) for the preparation of the risk assessments, preventive action plans and emergency plans. ~~The Union-wide simulation of supply and infrastructure disruption scenarios shall be updated every four years unless circumstances warrant more frequent updates.~~

Amendment 510 #

Proposal for a regulation
Article 6 – paragraph 6

6. By 1 November 2017 ENTSO for Gas shall carry out a Union wide simulation of supply and infrastructure disruption scenarios. The scenarios shall be defined by ENTSO for Gas in consultation with the Gas Coordination Group. The competent authorities shall provide ENTSOs for Gas and Electricity with the necessary data for the ~~simulations~~Union Emergency simulations referred to in Article 10a such as peak demand values, production capacity and demand side measures. The competent authorities shall involve the national regulatory authorities where they are not the competent authorities and shall take into account the results of the simulations for the preparation of the risk assessments, preventive action plans and emergency plans. ~~The Union-wide simulation of supply and infrastructure disruption scenarios shall be updated every four years unless circumstances warrant more frequent updates.~~

Amendment 511 #

Proposal for a regulation
Article 6 – paragraph 6

6. By 1 November 2017 ENTSO for Gas shall carry out a Union wide simulation of supply and infrastructure disruption scenarios. The scenarios shall be defined by ENTSO for Gas in co~~nsult~~ordination with the Gas Coordination Group. The competent authorities shall provide ENTSO for Gas with the necessary data for the simulations such as peak demand values, production capacity and demand side measures. The competent authorities shall involve their national regulatory authorities and take into account the results of the simulations for the preparation of the risk assessments, preventive action plans and emergency plans. The Union-wide simulation of supply and infrastructure disruption scenarios shall be updated every four years unless circumstances warrant more frequent updates. In addition ENTSO for Gas shall spread information gained by the Early Warning Mechanism on regular basis among the Gas Coordination Group.

Amendment 512 #

Herbert REUL, Françoise GROSSETÊTE

Proposal for a regulation
Article 6 – paragraph 6

6. BOn the basis of these regional risk assessments, the Commission shall conduct a risk assessment for the Union as a whole, in cooperation with the Gas Coordination Group, and by 1 November 2017 ENTSO for Gas shall carry out a Union wide simulation of supply and infrastructure disruption scenarios. The scenarios shall be defined by ENTSO for Gas in consultation with the Gas Coordination Group. The competent authorities shall provide ENTSO for Gas with the necessary data for the simulations such as peak demand values, production capacity and demand side measures. The competent authorities shall take into account the results of the simulations for the preparation of the risk assessments, preventive action plans and emergency plans. The Union-wide simulation of supply and infrastructure disruption scenarios shall be updated every four years unless circumstances warrant more frequent updates.

Amendment 513 #

Proposal for a regulation
Article 6 – paragraph 6

6. By 1 November 2017 ENTSO for Gas shall carry out a Union wide simulation of supply and infrastructure disruption scenarios. ~~The scenarios~~ENTSO for Gas shall lay out the methodology to be used for the simulation in a transparent manner and discuss it with the gas coordination group. The scenarios and the methodology shall be defined by ENTSO for Gas in co~~nsult~~operation with the Gas Coordination Group. The competent authorities shall provide ENTSO for Gas with the necessary data for the simulations such as peak demand values, production capacity and demand side measures. The competent authorities shall take into account the results of the simulations for the preparation of the risk assessments, preventive action plans and emergency plans. The Union-wide simulation of supply and infrastructure disruption scenarios shall be updated every four years unless circumstances warrant more frequent updates.

Amendment 514 #

Proposal for a regulation
Article 6 – paragraph 6

6. By 1 November 2017 ENTSO for Gas shall carry out a Union wide simulation of supply and infrastructure disruption scenarios. The scenarios shall be defined by ENTSO for Gas in consultation with the Gas Coordination Group. The competent authorities shall provide ENTSO for Gas with the necessary data for the simulations such as ~~peak demand valu~~historic demand values, and justified estimates for the peak values to be expected, expected evolution of demand reduction and efficiency measures, production capacity and demand side measures. The competent authorities shall take into account the results of the simulations for the preparation of the risk assessments, preventive action plans and emergency plans. The Union-wide simulation of supply, transit and infrastructure disruption scenarios shall be updated every four years unless circumstances warrant more frequent updates.

Amendment 515 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Jude KIRTON-DARLING, José BLANCO LÓPEZ, Soledad CABEZÓN RUIZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Edouard MARTIN

Proposal for a regulation
Article 6 – paragraph 6 a (new)

6a. ENTSO for Gas shall take into account the results of the Union wide simulations carried out by ENTSO for Gas for determining the necessary investments to be made on the EU energy market at regional at inter-regional level. It shall propose and establish European networks that can be developed complementary to the regional and inter- regional approach.

Amendment 516 #

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. The competent authorities of the Member States of each region ~~as listed in Annex I~~, in cooperation with the national regulatory authorities where they are not the competent authorities, after consulting the natural gas undertakings, the relevant organisations representing the interests of household and industrial gas customers, including electricity producers, ~~and the national regulatory authorities, where they are not the competent authorities, shall establish jointly~~the relevant organisations managing the Member States' energy demand and energy dependency, the national environmental agency, shall establish jointly, after having drafted their national plans:

Amendment 517 #

Xabier BENITO ZILUAGA, Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS, Sofia SAKORAFA

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. The competent authorities of the Member States of each region as listed in Annex I, after consulting the natural gas and electricity undertakings, the relevant organisations representing the interests of household and industrial gas customers, including electricity producers, the national environmental agency, and the national regulatory authorities, where they are not the competent authorities, shall establish jointly:

Amendment 518 #

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. The competent authorities of the Member States of each region as listed in Annex I, after consulting the natural gas undertakings, transmission system operators for electricity, the relevant organisations representing the interests of household and industrial gas customers, including electricity producers, and the national regulatory authorities, where they are not the competent authorities, shall establish jointly:

Amendment 519 #

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. The competent authorities of the Member States of each region ~~as listed in Annex I~~, after consulting the natural gas undertakings, transmission system operators for electricity, the relevant organisations representing the interests of household and industrial gas customers, including electricity producers, ~~and the national regulatory authorities, where they are not the competent authorities,~~ shall establish jointly:

Amendment 520 #

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. The competent authorities of the Member States ~~of each region as listed in Annex I~~in cooperation with the national regulatory authorities where they are not the competent authorities, after consulting the natural gas undertakings, the relevant organisations representing the interests of household and industrial gas customers, including electricity producers~~, and the national regulatory authorities, where they are not the competent authorities, shall establish jointly~~ shall, without prejudice to paragraph 3 establish at national level:

Amendment 521 #

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. The competent authorities of the Member States ~~of each region as listed in Annex I~~, after consulting the natural gas undertakings, the relevant organisations representing the interests of household and industrial gas customers, including electricity producers, and the national regulatory authorities, where they are not the competent authorities, shall establish jointly:

Amendment 522 #

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. The competent authorit~~ies of the Member States of each region as listed in Annex I~~y, after consulting the natural gas undertakings, the relevant organisations representing the interests of household and industrial gas customers, including electricity producers, and the national regulatory authorit~~ies~~y, where ~~they are~~it is not the competent authorit~~ies~~y, shall ~~establish jointly~~without prejudice of paragraph 2 establish at national level:

Amendment 523 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Jude KIRTON-DARLING, Eugen FREUND, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Carlos ZORRINHO, Miroslav POCHE, Simona BONAFÈ

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. The competent authorities of the Member States of each region ~~as listed in Annex I~~, after consulting the natural gas undertakings, the relevant organisations representing the interests of household and industrial gas customers, including electricity producers, and the national regulatory authorities, where they are not the competent authorities, shall establish jointly:

Amendment 524 #

Proposal for a regulation
Article 7 – paragraph 1 – point a

(a) a preventive action plan containing the measures, including energy efficiency and demand side measures, for example reduction of gas demand through the renovation and construction of buildings, to be adopted to remove or mitigate the risks identified in the region, including risks of purely national dimension, in accordance with the risk assessment undertaken pursuant to Article 6 and in accordance with Article 8; and

Amendment 525 #

Xabier BENITO ZILUAGA, Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS, Sofia SAKORAFA

Proposal for a regulation
Article 7 – paragraph 1 – point a

(a) a sustainable preventive action plan containing the measures, including energy efficiency measures, to be adopted to remove or mitigate the risks identified in the region, including risks of purely national dimension, in accordance with the risk assessment undertaken pursuant to Article 6 and in accordance with Article 8; and

Amendment 526 #

Proposal for a regulation
Article 7 – paragraph 1 – point a

(a) a preventive action plan containing the measures to be adopted to remove or mitigate the risks identified ~~in the region~~among the connected Member States, including risks of ~~purely nat~~regional dimension, in accordance with the risk assessment undertaken pursuant to Article 6 and in accordance with Article 8; and

Amendment 527 #

Proposal for a regulation
Article 7 – paragraph 1 – point a

(a) a preventive action plan containing the measures ~~to be adopt~~needed to remove or mitigate the risks identified ~~in the region, including risks of purely national dimension~~at national or broader level, in accordance with the risk assessment undertaken pursuant to Article 6 and in accordance with Article 8; and

Amendment 528 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Jude KIRTON-DARLING, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Miroslav POCHE, Flavio ZANONATO, Carlos ZORRINHO, Dan NICA

Proposal for a regulation
Article 7 – paragraph 1 – point a

(a) a preventive action plan containing the measures to be adopted to remove or mitigate the risks identified ~~in the region~~, including risks of ~~purely nat~~regional dimension, in accordance with the risk assessment undertaken pursuant to Article 6 and in accordance with Article 8; and

Amendment 529 #

Proposal for a regulation
Article 7 – paragraph 1 – point b

(b) an emergency plan containing the measures, including demand-side measures, for example through closer coordination with the electricity sector, to be taken to remove or mitigate the impact of a gas supply disruption in the region, including events of purely national dimension, in accordance with Article 9.

Amendment 530 #

Proposal for a regulation
Article 7 – paragraph 1 – point b

(b) an emergency plan containing the measures, including demand-side management measures, through coordination with the electricity authorities, to be taken to remove or mitigate the impact of a gas supply disruption in the region, including events of purely national dimension, in accordance with Article 9.

Amendment 531 #

Proposal for a regulation
Article 7 – paragraph 1 – point b

(b) an emergency plan containing the measures to be taken to remove or mitigate the impact of a source-caused or transit- caused gas supply disruption in the region, including events of purely national dimension, in accordance with Article 9.

Amendment 532 #

Proposal for a regulation
Article 7 – paragraph 1 – point b

(b) an emergency plan containing the measures to be taken to remove or mitigate the impact of a gas supply disruption ~~in the region, including events of purely national dimension,~~ in accordance with Article 9.

Amendment 533 #

Proposal for a regulation
Article 7 – paragraph 1 – point b

Amendment 534 #

Proposal for a regulation
Article 7 – paragraph 1 – point b

Amendment 535 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The competent authorities ~~within each region~~of the connected Member States shall agree on a cooperation mechanism sufficiently in time to establish the plans and allow for their notification and for the notification of the updated plans.

Amendment 536 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The competent authorities ~~within each region~~ shall agree on a cooperation mechanism sufficiently in time to establish the plans and allow for their notification and for the notification of the updated plans.

Amendment 537 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 a (new)

Before adopting a Preventive Action Plan and an Emergency Plan, the competent authorities, in cooperation with national regulatory authorities where they are not the competent authorities of connected Member States, cooperating pursuant to Article 3(7) shall exchange their draft Plans and exchange views with each other and the Commission, so as to verify that the measures envisaged are consistent within the different Plans and that they comply with this Regulation and other provisions of the Union law. These consultations shall be carried out in particular among neighbour states, notably in groups of states forming gas islands and their neighbours. On the basis of these consultations and recommendations, the competent authorities, in cooperation with the national regulatory authorities where they are not the competent authorities, cooperating according to Article 3(7) can decide to draft joint Preventive Action Plans and joint Emergency Plans in addition to Plans established at national level. Where joint Plans are to be established, the authorities concerned shall conclude agreements to implement regional cooperation, which can be formally endorsed by Member States if necessary.

Amendment 538 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2

The measures necessary to remove and mitigate risks of ~~a purely nat~~regional dimension as well as the measures to be taken to remove or mitigate the impact of events which, ~~due to their limited size,~~ are to be addressed at ~~nat~~regional level ~~only~~, shall be developed ~~by each~~in cooperation with the connected competent authorityies of the region constituted by connected Member States and included in the plans developed at ~~reg~~national level. ~~Such n~~National measures shall not hamper in any way the effectiveness of measures at regional level. Each competent authority shall also identify areas for regional cooperation and possible joint measures. The national measures together with the proposals for regional cooperation shall be shared with other competent authorities ~~in the region~~of connected Member States one year before the deadline for the notification of the plans.

Amendment 539 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2

The measures necessary to remove and mitigate risks of ~~a purely nat~~regional dimension as well as the measures to be taken to remove or mitigate the impact of events which, ~~due to their limited size,~~ are to be addressed at ~~nat~~regional level ~~only~~, shall be developed ~~by each~~with the competent authorityies of ~~the region~~connected Member States and included in the plans developed at ~~reg~~national level. ~~Such n~~National measures shall not hamper in any way the effectiveness of measures at regional level. Each competent authority shall also identify areas for regional cooperation and possible joint measures. The national measures together with the proposals for regional cooperation shall be shared with other competent authorities ~~in the region~~of connected Member States one year before the deadline for the notification of the plans.

Amendment 540 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3

Competent authorities shall regularly report to the Gas Coordination Group on the progress achieved on the preparation and adoption of the preventive action plans and the emergency plans. In particular competent authorities shall report to the Gas Coordination Group on the agreed cooperation mechanism 18 months before the deadline for the adoption of the plans and the updates of the plans. The Commission may ~~have a~~act as mediator and facilitat~~ing role~~or overall in the preparation and implementation of the plans, in particular for the establishment of the cooperation mechanism. If competent authorities within a region do not agree on a cooperation mechanism, and on the preventive action plans and emergency plans, the Commission may propose a cooperation mechanism for that region as well as proposals on the relevant plans. They shall ensure the regular monitoring of the implementation of such plans.

Amendment 541 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3

Competent authorities shall regularly report to the Gas Coordination Group on the progress achieved on the preparation and adoption of the preventive action plans and the emergency plans. In particular competent authorities shall report to the Gas Coordination Group on the agreed cooperation mechanism 18 months before the deadline for the adoption of the plans and the updates of the plans. The Commission may have a facilitating role overall in the preparation of the plans, in particular for the establishment of the cooperation mechanism. If competent authorities ~~within a region do not agree on a cooperation mechanism~~of connected Member States do not agree on the content of the regional aspects of the preventive action plan, the Commission may propose a regional cooperation mechanism ~~for that region~~. They shall ensure the regular monitoring of the implementation of such plans.

Amendment 542 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3

Competent authorities shall regularly report to the Gas Coordination Group on the progress achieved on the preparation and adoption of the preventive action plans and the emergency plans. In particular competent authorities shall report to the Gas Coordination Group on the agreed cooperation mechanism 18 months before the deadline for the adoption of the plans and the updates of the plans. The Commission may have a facilitating role overall in the preparation of the plans, in particular for the establishment of the cooperation mechanism. If ~~competent~~national authorities ~~within a region do not agree on a cooperation mechanism~~of connected Member States do not agree on the content of the regional aspects of the preventive action plan, the Commission may propose a regional cooperation mechanism ~~for that region~~. They shall ensure the regular monitoring of the implementation of such plans.

Amendment 543 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3

Competent authorities shall regularly report to the ~~Gas Coordination Group~~Commission on the progress achieved on the preparation and adoption of the preventive action plans and the emergency plans. In particular competent authorities shall report ~~to the Gas Coordination Group~~ on the agreed cooperation mechanism 18 months before the deadline for the adoption of the plans and the updates of the plans. The Commission may ~~have a facilitating role overall~~consult the Gas Coordination Group in the preparation of the plans, in particular for the establishment of the cooperation mechanism. If competent authorities within a region do not agree on a cooperation mechanism, the Commission may propose a cooperation mechanism for that region. They shall ensure the regular monitoring of the implementation of such plans.

Amendment 544 #

Proposal for a regulation
Article 7 – paragraph 3

3. The preventive action plan and the emergency plan shall be developed ~~in accordance with~~based on the templates contained in Annex V. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 to amend those templates. Before adopting a preventive action plan and emergency plan at national level, the Competent authorities which have carried out a joint risk analysis and Competent authorities of neighbouring countries shall consult each other with a view to ensuring that their plans are consistent.

Amendment 545 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Jude KIRTON-DARLING, Martina WERNER, José BLANCO LÓPEZ, Soledad CABEZÓN RUIZ, Flavio ZANONATO, Miroslav POCHE, Dan NICA

Proposal for a regulation
Article 7 – paragraph 3

3. The preventive action plan and the emergency plan shall be developed in accordance with the templates contained in Annex V. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 to amend those templates taking into account Member State implementation timeframes.

Amendment 546 #

Proposal for a regulation
Article 7 – paragraph 3

Amendment 547 #

Proposal for a regulation
Article 7 – paragraph 4

4. The preventive action plans and emergency plans shall be adopted ~~by all Member States in the region~~, made public and notified to the Commission no later than on 1 March 2019. ~~Such notification shall take place once the plans have been adopted by all Member States in the region.~~ The Commission shall inform the Gas Coordination Group about the notification of the plans and publish them on the Commission website. If requested by a Member state, the Commission should made available a courtesy translation in a European working language.

Amendment 548 #

Proposal for a regulation
Article 7 – paragraph 4

4. The preventive action plans and emergency plans shall be adopted by all Member States ~~in the region~~, made public and notified to the Commission no later than on 1 March 2019. Such notification shall take place once the plans have been adopted ~~by all Member States in the region~~. The Commission shall inform the Gas Coordination Group about the notification of the plans and publish them on the Commission website.

Amendment 549 #

Proposal for a regulation
Article 7 – paragraph 4

4. The preventive action plans and emergency plans shall be adopted by all Member States in the region, made public and notified to the Commission no later than on 1 March 2019. Such notification shall take place once the plans have been adopted by all Member States in the region. The Commission shall ~~inform~~may consult with the Gas Coordination Group about the ~~notification~~characteristics of the plans and publish them on the Commission website.

Amendment 550 #

Proposal for a regulation
Article 7 – paragraph 4

4. The preventive action plans and emergency plans shall be adopted by all connected Member States ~~in the region~~, made public and notified to the Commission no later than on 1 March 2019. Such notification shall take place once the plans have been adopted ~~by all Member States in the region~~. The Commission shall inform the Gas Coordination Group about the notification of the plans and publish them on the Commission website.

Amendment 551 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1

Within four months of the notification by the competent authorities, the Commission shall assess those plans duly taking into account the peer review and the views expressed inby the Gas Coordination Group. Annex VI shall apply for the procedure to carry out peer reviews.

Amendment 552 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2

The Commission shall issue an opinion to the competent authorities of the region with the recommendation to review the relevant preventive action plan or emergency plan if the plan is considered to contain one of the following elements: (a) is not effective to mitigate the risks as identified in the risk assessment; (b) is inconsistent with the risk scenarios assessed or with the plans of another region; (c) may distort competition or hamper the functioning of the internal energy market; (d) does not comply with the provisions of this Regulation or other provisions of Union law; (e) endangers the security of gas supply of other Member States or of the Union as a whole.deleted

Amendment 553 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – introductory part

The Commission shall issue an non-binding opinion to the competent authorities of the region ~~with the recommendation to review the relevant preventive action plan or emergency plan if the plan is considered to contain one of the following elements:~~.

Amendment 554 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point a

~~(a) is not effective to mitigate the risks as identified in the risk assessment;~~deleted

Amendment 555 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point b

~~(b) is inconsistent with the risk scenarios assessed or with the plans of another region;~~deleted

Amendment 556 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point b

(b) is inconsistent with the risk scenarios assessed or with the plans ~~of another region~~established on basis of cooperation pursuant Article 3(7) of connected Member States;

Amendment 557 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point c

~~(c) may distort competition or hamper the functioning of the internal energy market;~~deleted

Amendment 558 #

Xabier BENITO ZILUAGA, Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS, Sofia SAKORAFA

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point c

~~(c) may distort competition or hamper the functioning of the internal energy market;~~deleted

Amendment 559 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point c

~~(c) may distort competition or hamper the functioning of the internal energy market;~~deleted

Amendment 560 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point c

(c) may ~~distort competition or hamper the functioning of the internal energy market~~reflect insufficiently the solidarity principle or hamper the achievement of the comprehensive objectives of the Energy Union;

Amendment 561 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point d

~~(d) does not comply with the provisions of this Regulation or other provisions of Union law;~~deleted

Amendment 562 #

Theresa GRIFFIN, Eugen FREUND, Zigmantas BALČYTIS, Jude KIRTON-DARLING, José BLANCO LÓPEZ, Soledad CABEZÓN RUIZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point e

~~(e) endangers the security of gas supply of other Member States or of the Union as a whole.~~deleted

Amendment 563 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point e

(e) endangers the security of gas supply of other Member States or of the Union as a whole, notably through poor energy efficiency.

Amendment 564 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point e

(e) endangers the security of gas supply of other Member States or of the Union as a whole., notably through poor energy efficiency;

Amendment 565 #

Xabier BENITO ZILUAGA, Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS, Sofia SAKORAFA

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point e a (new)

(ea) is based on an assessment using a methodology and datasets inconsistent with that used by other Member States in the region and the Commission;

Amendment 566 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point e a (new)

(ea) is not in line with the EU climate and energy targets.

Amendment 567 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point e b (new)

(eb) is not in line with the actual gas demand of the country or the region, and is likely to lead to stranded assets;

Amendment 568 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point e c (new)

(ec) is contradictory to the EU energy and climate objectives and strategies for 2020, 2030 and beyond, in particular to the COP 21 Paris Agreement on climate change.

Amendment 569 #

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2

In the event of disagreement, the Commission may, within three months of the reply of the competent authorities, take a decision requiring the amendment of the relevant plan. The competent authorities shall adopt and publish the plan within three months of the notification of Commission decision.deleted

Amendment 570 #

Herbert REUL, Françoise GROSSETÊTE

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2

Amendment 571 #

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2

In the event of disagreement, the Commission may, within ~~three~~2 months of the reply of the cCompetent aAuthorit~~ies, take a dec~~y, decide to amend or withdraw its request. If the Commission ~~requiring the amendment of the relevant plan. The competent authorities shall adopt and publish the plan~~maintains its request, the Competent Authority concerned shall amend the plan within 2 months of the notification of the Commission's decision, taking utmost account of the Commission's recommendations, and shall notify it to the Commission. The Commission shall inform the Gas Coordination Group and duly take into account their recommendations when drafting its opinion on the amended plan, which shall be delivered within ~~three~~2 months of the notification of ~~Commission decisio~~the Competent Authority. The Competent Authority concerned shall take utmost account of the Commission's opinion and within 2 months of receipt of the Commission's opinion shall adopt and make public the resulting amended plan.

Amendment 572 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Jude KIRTON-DARLING, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2

In the event of disagreement, the Commission may, within three months of the reply of the competent authorities, ~~take a decision requiring the amend~~refer the disagreement tof the ~~relevant plan. The competent authorities shall adopt and publish the plan within three months of the notification of Commission decis~~coordination mechanism established for the region.

Amendment 573 #

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2

In the event of disagreement, the Commission may, within three months of the reply of the competent authorities, take a decision requiring the amendment of the relevant plan. The competent authorities shall adopt and publish the plan, taking into account Member State consultation requirements, no later than within three months of the notification of Commission decision.

Amendment 574 #

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2

In the event of disagreement, the Commission may, within three months of the reply of the competent authorities, take a decision requiring the amendment of the relevant plan. The competent authorities shall adopt and publish the plan ~~within three~~taking into account Member State consultation requirements, no later than six months of the notification of Commission decision.

Amendment 575 #

Proposal for a regulation
Article 8 – paragraph 1 – point b

(b) the definition of protected customers ~~in each Member State of the region~~ and the information described in the second subparagraph of Article 5(1);

Amendment 576 #

Proposal for a regulation
Article 8 – paragraph 1 – point b

(b) the definition of protected customers in each connected Member State ~~of the region~~ and the information described in the second subparagraph of Article 5(1);

Amendment 577 #

Proposal for a regulation
Article 8 – paragraph 1 – point b

(b) the definition of protected customers in each Member State ~~of the region~~ and the information described in the second subparagraph of Article 5(1);

Amendment 578 #

Proposal for a regulation
Article 8 – paragraph 1 – point c

(c) the measures, volumes and capacities needed to fulfil the infrastructure and supply standards in each Member State of the region, as laid down in Articles 4 and 5, including the assessment of the potential for gas demand reduction through refurbishing of the building stock and economy wide energy efficiency measures and an action plan for its deployment in a timely manner; and where applicable, the extent to which demand-side measures can sufficiently compensate, in a timely manner, for a supply disruption as referred to in Article 4(2), the identification of the single largest gas infrastructure of common interest in the case of application of Article 4(3), the necessary gas volumes ~~per category~~ of protected customers and per scenario as referred to in Article 5(1) and any increased supply standard under Article 5(2), including a justification of the compliance with the conditions set in Article 5(2) and a description of a mechanism to temporarily reduce any increased supply standard or additional obligation in accordance with Article 12;

Amendment 579 #

Proposal for a regulation
Article 8 – paragraph 1 – point c

(c) the measures, volumes and capacities needed to fulfil the infrastructure and supply standards in ~~each Member State of the region~~the connected Member States, as laid down in Articles 4 and 5, including where applicable, the extent to which demand- side measures can sufficiently compensate, in a timely manner, for a supply disruption as referred to in Article 4(2), the identification of the single largest gas infrastructure of common interest in the case of application of Article 4(3), the necessary gas volumes ~~per category~~ of protected customers and per scenario as referred to in Article 5(1) and any increased supply standard under Article 5(2), including a justification of the compliance with the conditions set in Article 5(2) and a description of a mechanism to temporarily reduce any increased supply standard or additional obligation in accordance with Article 12;

Amendment 580 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Edouard MARTIN

Proposal for a regulation
Article 8 – paragraph 1 – point c

(c) the measures, volumes and capacities needed to fulfil the infrastructure and supply standards in each Member State ~~of the region~~, as laid down in Articles 4 and 5, including where applicable, the extent to which demand-side measures can sufficiently compensate, in a timely manner, for a supply disruption as referred to in Article 4(2), the identification of the single largest gas infrastructure of common interest in the case of application of Article 4(3), the necessary gas volumes per category of protected customers and per scenario as referred to in Article 5(1) and any increased supply standard under Article 5(2), including a justification of the compliance with the conditions set in Article 5(2) and a description of a mechanism to temporarily reduce any increased supply standard or additional obligation in accordance with Article 12;

Amendment 581 #

Proposal for a regulation
Article 8 – paragraph 1 – point c

(c) the measures, volumes and capacities needed to fulfil the infrastructure and supply standards in each Member State of the region, as laid down in Articles 4 and 5, including the assessment of the potential for gas demand reduction through refurbishing of the building stock and economy wide energy efficiency measures, where applicable, the extent to which demand-side measures can sufficiently compensate, in a timely manner, for a supply disruption as referred to in Article 4(2), the identification of the single largest gas infrastructure of common interest in the case of application of Article 4(3), the identification of the single largest gas supplier, the necessary gas volumes per category of protected customers and per scenario as referred to in Article 5(1) and any increased supply standard under Article 5(2), including ~~a justification of~~reasons for the compliance with the conditions set in Article 5(2) and a description of a mechanism to temporarily reduce any increased supply standard or additional obligation in accordance with Article 12;

Amendment 582 #

Herbert REUL, Françoise GROSSETÊTE, Paul RÜBIG, Massimiliano SALINI

Proposal for a regulation
Article 8 – paragraph 1 – point c

(c) the measures, volumes and capacities needed to fulfil the infrastructure and supply standards in each Member State of the region, as laid down in Articles 4 and 5, including where applicable, the extent to which ~~demand-~~efficiency and demand- reduction measures, plus other demand- side measures can sufficiently compensate, in a timely manner, for a supply disruption as referred to in Article 4(2), the identification of the single largest gas infrastructure of common interest in the case of application of Article 4(3), the necessary gas volumes per category of protected customers and per scenario as referred to in Article 5(1) and any increased supply standard under Article 5(2), including a justification of the compliance with the conditions set in Article 5(2) and a description of a mechanism to temporarily reduce any increased supply standard or additional obligation in accordance with Article 12;

Amendment 583 #

Proposal for a regulation
Article 8 – paragraph 1 – point c

(c) the measures, volumes and capacities needed to fulfil the infrastructure and supply standards ~~in each Member State of the region~~, as laid down in Articles 4 and 5, including where applicable, the extent to which demand- side measures can sufficiently compensate, in a timely manner, for a supply disruption as referred to in Article 4(2), the identification of the single largest gas infrastructure of common interest in the case of application of Article 4(3), the necessary gas volumes per category of protected customers and per scenario as referred to in Article 5(1) and any increased supply standard under Article 5(2), including a justification of the compliance with the conditions set in Article 5(2) and a description of a mechanism to temporarily reduce any increased supply standard or additional obligation in accordance with Article 12;

Amendment 584 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Miroslav POCHE, Carlos ZORRINHO

Proposal for a regulation
Article 8 – paragraph 1 – point d

(d) obligations imposed on natural gas and, where appropriate, electricity undertakings and other relevant bodies likely to have an impact on security of gas supply, such as obligations for the safe operation of the gas system;

Amendment 585 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Carlos ZORRINHO, Miroslav POCHE, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Simona BONAFÈ

Proposal for a regulation
Article 8 – paragraph 1 – point e

(e) the other preventive measures designed to address the risks identified in the risk assessment, such as those relating to the need to enhance interconnections between neighbouring Member States, to further improve energy efficiency, to reduce gas demand through electrification of the heating & cooling sector, to manage cost effectively gas supply disruptions through an integrated approach with the electricity system, and the possibility to diversify gas routes and sources of supply, if appropriate, to address the risks identified in order to maintain gas supply to all customers ~~as far~~for as long as possible;

Amendment 586 #

Proposal for a regulation
Article 8 – paragraph 1 – point e

(e) the other preventive measures designed to address the risks identified in the risk assessment, such as those relating to the need to enhance interconnections between neighbouring Member States, to further develop energy efficiency policies, to develop domestic biogas resources, to cost effectively manage gas supply disruptions through coordination and the development of an integrated approach with the electricity system, and the possibility to diversify gas routes and sources of supply, if appropriate, to address the risks identified in order to maintain gas supply to all customers as far as possible;

Amendment 587 #

Pavel TELIČKA, Morten PETERSEN, Carolina PUNSET, Lieve WIERINCK, Fredrick FEDERLEY

Proposal for a regulation
Article 8 – paragraph 1 – point e

(e) the other preventive measures designed to address the risks identified in the risk assessment, such as those relating to the need to enhance interconnections between neighbouring Member States and the possibility to diversify gas routes and sources of supply, if appropriate, to address the risks identified in order to maintain gas supply to all customers ~~as far~~for as long as possible;

Amendment 588 #

Proposal for a regulation
Article 8 – paragraph 1 – point e a (new)

(ea) assessment of opportunities offered by decentralized, sustainable and affordable solutions, including biogas, as well as the EU-wide energy efficiency targets.

Amendment 589 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Article 8 – paragraph 1 – point f

~~(f) information on the economic impact, effectiveness and efficiency of the measures contained in the plan, including the obligations referred to in point (k);~~deleted

Amendment 590 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Carlos ZORRINHO, Simona BONAFÈ

Proposal for a regulation
Article 8 – paragraph 1 – point f

(f) information on the ~~economic impact,~~comprehensive impact of the plan from the environmental, social and economic perspectives, and on the effectiveness and efficiency of the measures contained in the plan, including the obligations referred to in point (k);

Amendment 591 #

Proposal for a regulation
Article 8 – paragraph 1 – point f

(f) information on the economic impact, effectiveness and efficiency of the measures contained in the plan, including the risk of stranded assets and the obligations referred to in point (k);

Amendment 592 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Article 8 – paragraph 1 – point g

~~(g) description of the effects of the measures contained in the plan on the functioning of the internal energy market as well as national markets, including the obligations referred to in point (k);~~deleted

Amendment 593 #

Proposal for a regulation
Article 8 – paragraph 1 – point g

(g) description of the effects of the measures contained in the plan on the functioning of the inter~~nal~~-State energy market as well as national markets, including the obligations referred to in point (k);

Amendment 594 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Article 8 – paragraph 1 – point h

~~(h) description of the impact of the measures on the environment and on consumers;~~deleted

Amendment 595 #

Proposal for a regulation
Article 8 – paragraph 1 – point h

~~(h) description of the impact of the measures on the environment and on consumers;~~deleted

Amendment 596 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Carlos ZORRINHO, José BLANCO LÓPEZ, Soledad CABEZÓN RUIZ, Miroslav POCHE, Simona BONAFÈ

Proposal for a regulation
Article 8 – paragraph 1 – point h

(h) description of the impact of the measures on the environment, the climate and on consumers;

Amendment 597 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Carlos ZORRINHO, Miroslav POCHE, Flavio ZANONATO, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Simona BONAFÈ

Proposal for a regulation
Article 8 – paragraph 1 – point h

(h) description of the impact of the measures on the environment, on climate and on consumers;

Amendment 598 #

Proposal for a regulation
Article 8 – paragraph 1 – point j

(j) information on existing and future interconnections, including those providing access to the gas network of the Union, cross-border flows, cross-border access to storage and LNG facilities and the bi- directional capacity, in particular in the event of an emergency, as well as calculations and impact assessments to compare the possibility through demand- side measures to cost-effectively reduce or eliminate the need for these supply-side infrastructural investments;

Amendment 599 #

Proposal for a regulation
Article 8 – paragraph 1 – point j

Amendment 600 #

Proposal for a regulation
Article 8 – paragraph 1 – point k

(k) information on all public service obligations that relate to security of gas supply and demand-side investments to reduce energy demand.

Amendment 601 #

Theresa GRIFFIN, Eugen FREUND, Carlos ZORRINHO, Miroslav POCHE, Flavio ZANONATO, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Simona BONAFÈ

Proposal for a regulation
Article 8 – paragraph 1 – point k a (new)

(ka) Information on alternative sources of energy to ensure security of supply, in particular renewable energy sources and energy efficiency measures.

Amendment 602 #

Proposal for a regulation
Article 8 – paragraph 3

3. The preventive action plan shall be based primarily on ~~market measures and shall not put an undue burden on natural gas undertakings, or negatively impact on the fun~~the principles of continuity of public service and on the necessary protection~~ing~~ of the ~~internal market in gas~~population.

Amendment 603 #

Proposal for a regulation
Article 8 – paragraph 3

3. The preventive action plan shall be based primarily on market measures, as long as they are capable to deal with the risks to be mitigated, and shall not put an undue burden on natural gas undertakings, or have an unjustified negatively impact on the functioning of the internal market in gas.

Amendment 604 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Article 8 – paragraph 3

3. The preventive action plan shall be based primarily on market measures and shall not put an undue burden on natural gas undertakings, or negatively impact on the functioning of the internal market in gas. The preventive action plan shall only encourage the construction of new gas infrastructure once renewable energy sources and energy efficiency measures have been assessed and cannot assure a standard of security. If it is the case, the new infrastructure will have to encompass a clear timeline to be phased out by 2050 at the latest in order to avoid a longer carbon lock-in.

Amendment 605 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Eugen FREUND, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Edouard MARTIN

Proposal for a regulation
Article 8 – paragraph 3 a (new)

3a. The preventive action plan shall only encourage the construction of new gas infrastructure in case of utmost necessity and after other alternatives via renewable energy sources and energy efficiency measures have been duly assessed.

Amendment 606 #

Proposal for a regulation
Article 8 – paragraph 4

4. The Member States shall carry out an impact assessment on all preventive non-market based measures to be adopted after the entry into force of this Regulation, including the measures to comply with the supply standard set out in Article 5(1) and the measures for the increased supply standard set out in Article 5(2). Such impact assessment shall cover at least the following: (a) impact of the proposed measure on the development of the national gas market and competition at national level; (b) impact of the proposed measures on the internal gas market; (c) potential impact on the security of gas supply of neighbouring Member States, notably for those measures that could reduce the liquidity in regional markets or restrict flows to neighbouring Member States; (d) the costs and benefits of the measures, assessed against alternative market based- measures; (e) assessment of necessity and proportionality of the measure in comparison with possible market based measures; (f) openness of the measure, in order to ensure equal possibilities for all market participants; (g) phase-out strategy, the expected duration of the envisaged measure and an appropriate review calendar. The analysis referred to in points (a) and (b) shall be carried out by the national regulatory authorities.deleted

Amendment 607 #

Proposal for a regulation
Article 8 – paragraph 4

Amendment 608 #

Proposal for a regulation
Article 8 – paragraph 4 – introductory part

4. The Member States shall carry out an impact assessment on all preventive non-market based measures ~~to be adopted after the entry into force of this Regulation~~, including the measures to comply with the supply standard set out in Article 5(1) ~~and the measures for the increased supply standard set out in Article 5(2)~~. Such impact assessment shall cover at least the following:

Amendment 609 #

Proposal for a regulation
Article 8 – paragraph 4 – introductory part

4. The ~~Member Stat~~National Regulatory Authorities shall carry out an impact assessment on all preventive non-market based measures to be adopted after the entry into force of this Regulation, including the measures to comply with the supply standard set out in Article 5(1) ~~and the measures for the increased supply standard set out in Article 5(2)~~. Such impact assessment shall cover at least the following:

Amendment 610 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE

Proposal for a regulation
Article 8 – paragraph 4 – introductory part

Amendment 611 #

Proposal for a regulation
Article 8 – paragraph 4 – point c

(c) potential impact on the security of gas supply of neighbouring Member States, notably for those measures that could reduce the liquidity in regional markets or restrict flows to neighbouring Member States, such as poor energy efficiency;

Amendment 612 #

Proposal for a regulation
Article 8 – paragraph 4 – point d

~~(d) the costs and benefits of the measures, assessed against alternative market based-measures;~~deleted

Amendment 613 #

Proposal for a regulation
Article 8 – paragraph 4 – point d

~~(d) the costs and benefits of the measures, assessed against alternative market based-measures;~~deleted

Amendment 614 #

Proposal for a regulation
Article 8 – paragraph 4 – point e

(e) assessment of necessity and proportionality of the measure in comparison with ~~possible market based measure~~the imperatives of national security and safeguarding of populations;

Amendment 615 #

Proposal for a regulation
Article 8 – paragraph 4 – point f

~~(f) openness of the measure, in order to ensure equal possibilities for all market participants;~~deleted

Amendment 616 #

Proposal for a regulation
Article 8 – paragraph 4 – point g

(g) phase-out strategy, including a precise description of the conditions to be met for phasing the preventive measure out, the expected duration of the envisaged measure and an appropriate review calendar.

Amendment 617 #

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2

~~The analysis referred to in points (a) and (b) shall be carried out by the national regulatory authorities.~~deleted

Amendment 618 #

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2

~~The analysis referred to in points (a) and (b) shall be carried out by the national regulatory authorities.~~deleted

Amendment 619 #

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2

The ~~analysis referred to in points (a) and (b)~~impact assessment shall be carried out by the national regulatory authorities. for points (c) to (g), they will take into account the views expressed by the regional coordination mechanism and by the Commission.

Amendment 620 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Article 8 – paragraph 5

5. The impact assessment and the adopted measures shall be published by the competent authority and shall be notified to the Commission. Within four months of the notification the Commission shall take a decision and may require the Member States to amend the adopted measures. That period shall begin on the day following the receipt of a complete notification. The period may also be extended with the consent of both the Commission and the Member State. The Commission may take a decision requiring the amendment or withdrawal of a measure where a measure is: (a) likely to distort the Union internal market; (b) likely to distort the development of the national gas market; (c) not necessary or proportionate to ensure security of supply; or (d) likely to jeopardize the security of supply of other Member States. The adopted measure shall only enter into force when it is approved by the Commission or has been amended in accordance with the Commission decision.deleted

Amendment 621 #

Proposal for a regulation
Article 8 – paragraph 5

Amendment 622 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1

The impact assessment and the adopted measures shall be published by the competent authority and shall be ~~notifi~~forwarded to the Commission. Within four months of the notification the Commission shall ~~take a decision and may require the Member States to amend the adopted measures. That period shall begin on th~~adopt a non-binding opinion, which may contain recommendations to the Member States. The Member State dmay ~~following the receipt of a complete notification. The period may also be extended with the consent of both the Commission and the Member Sta~~decide to make the changes requested.

Amendment 623 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2

Amendment 624 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2

Amendment 625 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2 – introductory part

The Commission may take a ~~decision requiring~~justified decision asking the Member State to consider the amendment or withdrawal of a measure where a measure is:

Amendment 626 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2 – point a

~~(a) likely to distort the Union internal market;~~deleted

Amendment 627 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2 – point a

~~(a) likely to distort the Union internal market;~~deleted

Amendment 628 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2 – point b

~~(b) likely to distort the development of the national gas market;~~deleted

Amendment 629 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2 – point c

~~(c) not necessary or proportionate to ensure security of supply; or~~deleted

Amendment 630 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2 – point d

~~(d) likely to jeopardize the security of supply of other Member States.~~deleted

Amendment 631 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 3

The adopted measure shall ~~only~~ enter into force ~~whe~~upon it ~~is approved by the Commission or has been amended in accordance with the Commission decision~~s publication by the Member State.

Amendment 632 #

Proposal for a regulation
Article 8 – paragraph 6

6. The preventive action plan shall be updated every four years after 1 March 2019, unless circumstances warrant more frequent updates ~~or at the Commission's request~~. The updated plan shall reflect the updated risk assessment and the results of the tests carried out in accordance with Article 9 (2). Article 7(3) to (7) shall apply to the updated plan.

Amendment 633 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Dan NICA

Proposal for a regulation
Article 9 – paragraph 1 – point b

(b) define the role and responsibilities of natural gas undertakings, transmission system operators for electricity and of industrial gas customers including relevant electricity producers, taking account of the different extent to which they are affected in the event of gas supply disruptions, and their interaction with the competent authorities and where appropriate with the national regulatory authorities at each of the crisis levels defined in Article 10(1);

Amendment 634 #

Proposal for a regulation
Article 9 – paragraph 1 – point b

(b) define the role and responsibilities of natural gas and, where appropriate, electricity undertakings and of industrial gas customers including relevant electricity producers, taking account of the different extent to which they are affected in the event of gas supply disruptions, and their interaction with the competent authorities and where appropriate with the national regulatory authorities at each of the crisis levels defined in Article 10(1);

Amendment 635 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Dan NICA

Proposal for a regulation
Article 9 – paragraph 1 – point d

~~(d) ensure that natural gas undertakings and industrial gas customers including relevant electricity producers are given sufficient opportunity to respond at each crisis level;~~deleted

Amendment 636 #

Proposal for a regulation
Article 9 – paragraph 1 – point e

Amendment 637 #

Proposal for a regulation
Article 9 – paragraph 1 – point f

(f) establish detailed procedures and measures to be followed for each crisis level, including the corresponding schemes on information flows, which must foresee secured records to be kept of all decisions and actions adopted during the emergency period;

Amendment 638 #

Proposal for a regulation
Article 9 – paragraph 1 – point h

(h) identify the contribution of market- based measures, for coping with the situation at alert level and mitigating the situation at emergency level;

Amendment 639 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Simona BONAFÈ, Dan NICA

Proposal for a regulation
Article 9 – paragraph 1 – point k

~~(k) detail the reporting obligations imposed on natural gas undertakings at alert and emergency levels;~~deleted

Amendment 640 #

Proposal for a regulation
Article 9 – paragraph 1 – point k

(k) detail the reporting obligations imposed on natural gas and, where appropriate, electricity undertakings at alert and emergency levels;

Amendment 641 #

Proposal for a regulation
Article 9 – paragraph 1 – point n

Amendment 642 #

Proposal for a regulation
Article 9 – paragraph 2

2. The measures, actions and procedures contained in the emergency plan shall be tested at least twice between its regular four-year updates referred to in paragraph 3 at national and regional level. In order to test the emergency plan, Member States shall simulate high and medium impact scenarios and responses in real time in accordance with their emergency plan. The results of the tests shall be presented at the Gas Coordination Group by the competent authorities.

Amendment 643 #

Proposal for a regulation
Article 9 – paragraph 2

2. The measures, actions and procedures contained in the emergency plan shall be tested at least twice between its regular four-year updates referred to in paragraph 3. In order to test the emergency plan, Member States shall simulate high and medium impact scenarios and responses in real time in accordance with their emergency plan. The results of the tests shall be presented ato the ~~Gas Coordination Group~~Commission by the competent authorities.

Amendment 644 #

Proposal for a regulation
Article 9 – paragraph 3

3. The emergency plan shall be updated every four years after 1 March 2019, unless circumstances warrant more frequent updates ~~or at the Commission's request~~. The updated plan shall reflect the updated risk assessment and the conclusions of the tests carried out in accordance with paragraph 2. Article 7(3) to (7) shall apply to the updated plan.

Amendment 645 #

Proposal for a regulation
Article 9 – paragraph 4 a (new)

4a. During an emergency and on reasonable grounds, a Member State may decide to prioritise the gas supply to certain critical gas-fired power plants over the supply to certain categories of protected consumers. The measure shall be based on the risk assessment provided for in Article 6 and shall only apply where the lack of gas supply to such critical gas- fired power plants would significantly deteriorate or impede supply of either the remaining gas or electricity to protected consumers as a result of severe damages in the functioning of the electricity system. Such critical gas-fired plants shall be identified by the transmission system operators of the electricity system in coordination with the transmission system operators of the gas system.

Amendment 646 #

Proposal for a regulation
Article 10 – paragraph 3

3. When the competent authority declares an emergency, it shall follow the pre-defined action as set out in its emergency plan and shall immediately inform the Commission and the competent authorities in the region in particular of the action it intends to take. ~~In duly justified exceptional circumstances, the competent authority may take action~~The competent authority of the Member State may take all measures required by circumstances, including deviating from the emergency plan. The competent authority shall immediately inform the Commission and the competent authorities in the region of any such action ~~and shall provide a justification therefore~~.

Amendment 647 #

Proposal for a regulation
Article 10 – paragraph 3

3. When the competent authority declares an emergency, it shall follow the pre-defined action as set out in its emergency plan and shall immediately inform the Commission and the competent authorities inof the ~~region~~connected Member States in particular of the action it intends to take. In duly justified exceptional circumstances, the competent authority may take action deviating from the emergency plan. The competent authority shall immediately inform the Commission and the competent authorities ~~in the region~~of connected Member States of any such action and shall provide a justification therefore.

Amendment 648 #

Proposal for a regulation
Article 10 – paragraph 4 – point a

(a) no measures are introduced which unduly restrict the flow of gas within the inter~~nal~~-State market at any time;

Amendment 649 #

Proposal for a regulation
Article 10 – paragraph 4 – point b

(b) in so far as possible, no measures are introduced that are likely to endanger seriously the gas supply situation in another Member State; and

Amendment 650 #

Proposal for a regulation
Article 10 – paragraph 4 – point b

(b) no measures are introduced that are likely to endanger seriously the gas or electricity supply situation in another Member State; and

Amendment 651 #

Proposal for a regulation
Article 10 – paragraph 4 – point c

(c) cross-border access to infrastructure in accordance with Regulation (EC) No 715/2009 is maintained as far as technically and safely possible, and with due regard for the safeguarding of populations, in accordance with the emergency plan.

Amendment 652 #

Proposal for a regulation
Article 10 – paragraph 4 a (new)

4a. Emergency measures shall provide for the delivery of the available natural gas to final consumers according to the degree of urgency, substitutability by other energy forms and economic impact, while having regard to safeguarding gas supplies to protected customers and supplies for domestic heating, and shall take due account of the supply situation in the electricity sector.

Amendment 653 #

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1

The Commission ~~shall verify, as soon as possible, but in any case within five days of receiving the information~~may, at the request of ~~the~~a competent authority referred to in paragraph 2, whether the declaration of an emergency is justified in accordance with point (c) of paragraph 1 and whether the measures taken follow as closely as possible the actions listed in the emergency plan and are not imposing an undue burden on natural gas undertakings and are in accordance with paragraph 4. The Commission may, at the request of a competent authority, natural gas undertakings or on its own initiative, request the competent authority, natural gas undertakings or on its own initiative, issue non-binding recommendations to the competent authority with a view to modifying the measures where they are contrary to the conditions referred to in the first sentence of this paragraph. The Commission may also request the competent authority to lift the declaration of emergency where it considers that such declaration is not or no longer justified according to point (c) of paragraph 1.

Amendment 654 #

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 2

Within three days of the notification of the Commission request, the competent authority ~~shall~~may modify the measures and notify the Commission thereof, or shall inform the Commission of the reasons for which it does not agree with the request. In that case, the Commission may within three days amend or withdraw its request or, in order to consider the issue, convene the competent authority or, where appropriate, the competent authorities concerned, and, where the Commission deems it necessary, the Gas Coordination Group. The Commission shall set out its detailed reasoning for requesting any changes to the action. The competent authority shall take full account of the position of the Commission. Where the final decision of the competent authority diverges from the Commission position, the competent authority shall provide the reasoning underlying such decision.

Amendment 655 #

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 2

Within three days of the notification of the Commission request, the competent authority shall modify the measures and notify the Commission thereof, or shall inform the Commission of the reasons for which it does not agree with the request. In that case, the Commission may within three days amend or withdraw its request or, in order to consider the issue, ~~convene~~alert the competent authority or, where appropriate, the competent authorities concerned, and convene, where the Commission deems it necessary, the Gas Coordination Group. The Commission shall set out its detailed reasoning for requesting any changes to the action. The competent authority shall take full account of the position of the Commission. Where the final decision of the competent authority diverges from the Commission position, the competent authority shall provide the reasoning underlying such decision.

Amendment 656 #

Proposal for a regulation
Article 10 a (new)

Article 10a Emergency Supply Corridors 1. By 1 November 2017, ENTSO for Gas shall perform the tasks set out in this paragraph. It shall carry out a Union-wide simulation of supply and infrastructure disruption scenarios. All possible scenarios shall be defined by ENTSO for Gas and agreed with the Gas Coordination Group. The competent authorities shall provide ENTSO for Gas with the necessary data for the simulations such as peak demand values, production capacity and demand side measures. It shall establish and asses Emergency Supply Corridors that define key infrastructure that allows for transportation of gas from a gas source and between regions in order to prevent fragmentation of the internal gas market. The results of that assessment and the proposal of the Emergency Supply Corridors shall be agreed with the Gas Coordination Group. That Union-wide simulation and those Emergency Supply Corridors shall be updated every four years unless circumstances warrant more frequent updates. In case of development of new gas supply corridor, the new simulation of disruption and Emergency Supply Corridor shall be added within 6 months from the establishment of the new gas supply corridor. 2. In the event of an emergency declared by one or more competent authorities , the Member States on the Emergency Supply Corridors shall ensure that all essential information is provided as regards the gas supply, in particular, available gas quantities, possible modalities and sources for gas channelling to the Member States having declared the emergency . Member States on the Emergency Supply Corridor shall ensure that no measures prevent the supply of gas to the Member States that have declared the emergency. 3. The Emergency Supply Corridors shall be included in Annex.

Amendment 657 #

Proposal for a regulation
Article 10 a (new)

Article 10a Emergency Supply Corridors By 1 November 2017, ENTSO for Gas shall perform the tasks set out in this paragraph. 1. It shall carry out a Union-wide simulation of supply and infrastructure disruption scenarios. The scenarios shall be defined by ENTSO for Gas in consultation with the Gas Coordination Group. The competent authorities shall provide ENTSO for Gas with the necessary data for the simulations such as peak demand values, production capacity and demand side measures. It shall identify and asses Emergency Supply Corridors, complementary to the regional approach as referred to in Annex I, along which gas can flow between regions in order to prevent fragmentation of the internal gas market. The results of that assessment and the proposal of the Emergency Supply Corridors shall be discussed in the Gas Coordination Group. That Union-wide simulation and those Emergency Supply Corridors shall be updated every four years, unless circumstances warrant more frequent updates. 2. In the event of an emergency declared by one or more competent authorities, the Member States on the Emergency Supply Corridors shall ensure that all essential information is provided as regards the gas supply, in particular, available gas quantities, possible modalities and sources for gas channelling to the Member States having declared the emergency. Member States positioned on the Emergency Supply Corridor shall ensure that no measures prevent the supply of gas to the Member States that have declared the emergency. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 to define the Emergency Supply Corridors.

Amendment 658 #

Proposal for a regulation
Article 10 a (new)

Article 10a Union Emergency Assessment 1. Within nine months after the entry force of this Regulation, the Commission in line with the EU energy and climate objectives shall, in cooperation with ACER, ENTSO for Gas and ENTSO for electricity, take a decision defining a Union-wide simulation of energy supply and infrastructure disruption scenarios. Within twelve months after the entry force of this Regulation, ENTSO for Gas and ENTSO for electricity shall carry out the simulation referred to in sub-paragraph 1. The results of that assessment shall be discussed in the Gas Coordination Group, in particular with a view to ensure the coherence among the different regions and the Union as a whole. ENTSO for Gas and ENTSO for electricity shall ensure an appropriate level of transparency and access to their modelling assumptions used in their scenarios That Union-wide simulation shall be updated every four years unless circumstances warrant more frequent updates. 2. In the event of a regional or Union emergency declared by the Commission in accordance with article 11(1), Member States shall ensure that all essential information is provided to the Member States having declared the emergency as regards the gas and electricity supply, in particular, available quantities, possible modalities and sources. Member States ensure that no measures prevent the supply of gas/electricity to the Member States that have declared the emergency.

Amendment 659 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Simona BONAFÈ, Dan NICA, Edouard MARTIN

Proposal for a regulation
Article 10 a (new)

Article 10a 1. By 1 November 2021, ENTSO for Gas and Electricity shall carry out a joint Union wide simulation of supply and infrastructure disruption scenarios. The scenarios shall be defined jointly by ENTSO for Gas and Electricity in consultation with the Energy Coordination Group. The Competent authorities – including electricity, gas, energy efficiency and environmental authorities, shall provide the ENTSOs with the necessary data for the simulations such as peak demand values, production capacity and demand side measures. It shall establish and asses Emergency Supply Corridors complementary to the regional approach, along which gas can flow from a gas source across regions in order to prevent fragmentation of the internal gas market. The results of that assessment and the proposal of the Emergency Supply Corridors shall be discussed in the Gas Coordination Group. That Union-wide simulation and those Emergency Supply Corridors shall be updated every four years unless circumstances warrant more frequent updates. 2. In the event of an emergency declared by one or more competent authorities , the Member States on the Emergency Supply Corridors shall ensure that all essential information is provided as regards the gas supply, in particular, available gas quantities, possible modalities and sources for gas channelling to the Member States having declared the emergency . Member States on the Emergency Supply Corridor shall ensure that no measures prevent the supply of gas to the Member States that have declared the emergency. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 to establish the Emergency Supply Corridors.

Amendment 660 #

Proposal for a regulation
Article 11 – paragraph 1

1. At the request of a competent authority that has declared an emergency and following the verification in accordance with Article 10(5), the Council may, further to a report from the Commission ~~may~~, declare a regional or Union emergency. At the request of at least two competent authorities that have declared an emergency and following the verification in accordance with Article 10(5), and where the reasons for these emergencies are linked, the Co~~mmission~~uncil shall declare, as appropriate, a regional or Union emergency. In all cases, the Co~~mmission~~uncil, using the means of communication most appropriate to the situation, shall gather the views of, and take due account of all the relevant information provided by the other competent authorities. When it assesses that the underlying basis for the regional or Union emergency no longer justifies a declaration of emergency, the Co~~mmission~~uncil shall declare an end to the regional or Union emergency. ~~In all cases, the Commission shall give its reasons and inform the Council of its decision.~~

Amendment 661 #

Proposal for a regulation
Article 11 – paragraph 2

2. The Commission ~~shall~~may convene the Gas Coordination Group as soon as it declares a regional or Union emergency. During the regional or Union emergency, at the request of at least three Member States, the Commission may restrict participation in the Gas Coordination Group, for an entire meeting or part thereof, to the representatives of the Member States and the competent authorities.

Amendment 662 #

Proposal for a regulation
Article 11 – paragraph 2

2. The Commission shall convene the Gas Coordination Group as soon as ~~it declares~~ a regional or Union emergency has been declared. During the regional or Union emergency, at the request of at least ~~thre~~one Member States, the Commission mayust restrict participation in the Gas Coordination Group, for an entire meeting or part thereof, to the representatives of the Member States and the competent authorities.

Amendment 663 #

Proposal for a regulation
Article 11 – paragraph 4

4. The Commission may convene a crisis management group composed of the crisis managers referred to in point (g) of Article 9(1), of the Member States concerned by the emergency. The Commission, in agreement with the crisis managers, may invite other relevant stakeholders to participate. The Commission ~~shall ensure that~~may inform the Gas Coordination Group ~~is regularly informed~~ about the work undertaken by the crisis management group.

Amendment 664 #

Proposal for a regulation
Article 11 – paragraph 5 – introductory part

5. The Member States and in particular the competent authorities shall ensure that, except in the event of a national emergency:

Amendment 665 #

Proposal for a regulation
Article 11 – paragraph 5 – point a

(a) no measures are introduced which unduly restrict the flow of gas within the inter~~nal~~-State market at any time, notably the flow of gas to the affected markets;

Amendment 666 #

Proposal for a regulation
Article 11 – paragraph 5 – point b

(b) no measures are introduced that are likely to endanger ~~seriously~~ the gas supply situation in another Member State; and

Amendment 667 #

Proposal for a regulation
Article 11 – paragraph 6 – subparagraph 2

Within three days of notification of the Commission request, the Member State ~~or the competent authority shall change its~~shall take action and notify the Commission or shall set out to the Commission the reasons for which it does not agree with the request. In that case, the Commission may within three days amend or withdraw its request or convene the Member State ~~or the competent authority and, where the Commission deems it necessary, the Gas Coordination Group~~ in order to consider the issue. The Commission shall set out its detailed reasoning for requesting any changes to the action. The Member State ~~or the competent authority~~ shall take full account of the position of the Commission. Where the final decision of the ~~competent authority or the~~ Member State diverges from the Commission position, ~~the competent authority or~~ the Member State shall provide the reasoning underlying such decision.

Amendment 668 #

Proposal for a regulation
Article 11 – paragraph 6 – subparagraph 2

Within three days of notification of the Commission request, the Member State or the competent authority shall change its action and notify the Commission or shall set out to the Commission the reasons for which it does not agree with the request. In that case, the Commission may within three days amend or withdraw its request ~~or convene the Member State or the competent authority~~ and, where the Commission deems it necessary, the Gas Coordination Group in order to consider the issue. The Commission shall set out its detailed reasoning for requesting any changes to the action. TIn so far as possible, the Member State or the competent authority shall take ~~full~~ account of the position of the Commission. Where the final decision of the competent authority or the Member State diverges from the Commission position, the competent authority or the Member State shall provide the reasoning underlying such decision.

Amendment 669 #

Proposal for a regulation
Article 12 – paragraph 1

1. Where a Member State has declared the emergency crisis level in accordance with Article 10(1) any increased supply standard or additional obligation imposed on natural gas undertakings in other Member States under Article 5(2) shall be temporarily reduced to the level established in Article 5(1).deleted

Amendment 670 #

Proposal for a regulation
Article 12 – paragraph 1

Amendment 671 #

Proposal for a regulation
Article 12 – paragraph 1

Amendment 672 #

Proposal for a regulation
Article 12 – paragraph 1

1. Where a Member State has declared the emergency crisis level in accordance with Article 10(1), and when such Member States has proved that all the measures described in its emergency plan have been used, and that all the technical and commercial terms defined in the solidarity agreement in the emergency plan have been met, any increased supply standard or additional obligation imposed on natural gas undertakings in other Member States under Article 5(2), directly or indirectly interconnected, shall be temporarily reduced to the level established in Article 5(1).

Amendment 673 #

Pavel TELIČKA, Morten PETERSEN, Fredrick FEDERLEY

Proposal for a regulation
Article 12 – paragraph 1

1. Where a Member State has declared the emergency crisis level in accordance with Article 10(1), and when such Member States have proved that all measures described in its emergency plan have been used, and that the technical, legal and commercial terms defined in the solidarity agreement in the emergency plan have been met, any increased supply standard or additional obligation imposed on natural gas undertakings in other Member States under Article 5(2) with interconnected systems shall be temporarily reduced to the level established in Article 5(1).

Amendment 674 #

Proposal for a regulation
Article 12 – paragraph 1 a (new)

1a. The application of solidarity measures under paragraph 1 shall be a measure of last resort limited to the most severe emergency situations and respecting in the maximal possible way market conditions.

Amendment 675 #

Proposal for a regulation
Article 12 – paragraph 1 a (new)

1a. The application of solidarity measures under paragraph 1 shall be a measure of last resort limited to the most severe emergency situations in which the physical wellbeing of citizens is directly in danger.

Amendment 676 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

As long as ~~the~~gas supply to ~~households, essential social services and district heating installation~~protected customers in the Member State tha~~ving declared the emergency is not satisfied, despite~~t have called for the application of ~~the~~solidarity measures i~~n paragraph 1~~s not satisfied, the gas supply to customers other than ~~households, essential social services and district heating installation~~protected customers in any other Member State, directly connected to theat Member State ~~which declared the emergency~~, shall not continue to the extent necessary to supply the ~~households, essential social services and district heating installation~~protected customers in the Member States having declared the emergency.

Amendment 677 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

As long as ~~the~~gas supply to ~~households, essential social services and district heating installation~~protected customers in the Member State tha~~ving declared the emergency is not satisfied, despite~~t has called for the application of ~~the~~solidarity measures i~~n paragraph 1~~s not satisfied, the gas supply to customers other than ~~households, essential social services and district heating installation~~protected customers in any other Member State, directly connected to theat Member State ~~which declared the emergency~~, shall not continue to the extent necessary to supply the ~~households, essential social services and district heating installations in the Member States having declared the emergency~~protected customers in the Member States having called for the application of solidarity measures.

Amendment 678 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

As long as ~~the supply to households, essential social services and district heating installation~~protected customers in the Member State having declared the emergency is not satisfied, ~~despite the application of the measure in paragraph 1, the gas supply to customers other than households, essential social services and district heating installation~~and the purchase of gas is no longer an option, the gas supply to customers other than protected customers in any other Member State, directly connected to the Member State which declared the emergency, shall not continue to the extent necessary to supply the ~~households, essential social services and district heating installation~~protected customers in the Member States having declared the emergency.

Amendment 679 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

As long as the supply to households, essential social services and district heating installations in the Member State having declared the emergency is not satisfied, despite the application of the measure in paragraph 1, the gas supply to customers other than households, essential social services and district heating installationprotected customers in the Member State having declared the emergency is not satisfied, and buying gas is no longer a viable option, the gas supply to customers other than protected customers in any other Member State, directly connected to the Member State which declared the emergency, shall not continue to the extent necessary to supply the ~~households, essential social services and district heating installation~~protected customers in the Member States having declared the emergency.

Amendment 680 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

As long as the supply to households, essential social services and district heating installations in the Member State having declared the emergency is not satisfied, despite the application of the measure in paragraph 1, the gas supply to customers other than households, essential social services and district heating installationprotected customers in the Member State having declared the emergency is not satisfied, the gas supply to customers other than protected consumers in any other Member State, directly connected to the Member State which declared the emergency, shall not continue to the extent necessary to supply the households, essential social services and district heating installations in the Member States having declared the emergency.

Amendment 681 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Jude KIRTON-DARLING, Eugen FREUND, José BLANCO LÓPEZ, Carlos ZORRINHO, Dan NICA

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

AWithout prejudice to the safe and reliable operation of the gas transmission system of a Member State, as long as the supply to households, essential social services and district heating installations in the Member State having declared the emergency is not satisfied, despite the application of the measure in paragraph 1, and where all market-based measures have been exhausted, including but not limited to market-based measures which may be available in Member States which are not connected directly to the Member State in the emergency situation, the gas supply to customers other than households, essential social services and district heating installations in any other Member State, directly connected to the Member State which declared the emergency, shall not continue to the extent necessary to supply the households, essential social services and district heating installations in the Member States having declared the emergency.

Amendment 682 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

As long as the supply to households, essential social services and district heating installations in the Member State having declared the emergency is not satisfied, despite the application of the measure in paragraph 1, the gas supply to customers other than households, essential social services and district heating installations in any other Member State, directly ~~connected~~linked to one another or indirectly connected via a third country to the Member State which declared the emergency, shall not continue to the extent necessary to supply the households, essential social services and district heating installations in the Member States having declared the emergency.

Amendment 683 #

Ian DUNCAN

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

As long as the supply to households, essential social services and district heating installations in the Member State having declared the emergency is not satisfied, despite the application of the measure in paragraph 1, the gas supply to customers other than households, essential social services and district heating installations in any other Member State, directly connected to the Member State which declared the emergency, shall ~~not continue to the extent~~be reduced to the extent reflecting the maximum export capability to the affected connected Member State(s) as necessary to supply the households, essential social services and district heating installations in the Member States having declared the emergency.

Amendment 684 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

As long as the supply to households, essential social services and district heating installations in the Member State having declared the emergency is not satisfied, despite the application of the measure in paragraph 1, the gas supply to customers other than households, essential social services and district heating installations in any other Member State, directly connected to the Member State which declared the emergency, shall ~~not continue to the extent~~be reduced to the extent reflecting the maximum capability to the affected connected Member State(s) as necessary to supply the households, essential social services and district heating installations in the Member States having declared the emergency.

Amendment 685 #

Pavel TELIČKA, Morten PETERSEN, Fredrick FEDERLEY

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

As long as the supply to households, essential social services and district heating installations in the Member State having declared the emergency is not satisfied, despite the application of the measure in paragraph 1 and where the market is unable to provide gas, the gas supply to customers other than households, essential social services and district heating installations in any other Member State, directly connected to the Member State which declared the emergency, shall not continue to the extent necessary to supply the households, essential social services and district heating installations in the Member States having declared the emergency.

Amendment 686 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

As long as the supply to households, absolutely essential social services and district heating installations in the Member State having declared the emergency is not satisfied, despite the application of the measure in paragraph 1, the gas supply to customers other than households, essential social services and district heating installations in any other Member State, directly connected to the Member State which declared the emergency, shall not continue to the extent necessary to supply the households, essential social services and district heating installations in the Member States having declared the emergency.

Amendment 687 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

As long as the supply to households, essential ~~social~~public services and district heating installations in the Member State having declared the emergency is not satisfied, despite the application of the measure in paragraph 1, the gas supply to customers other than households, essential ~~social~~public services and district heating installations in any other Member State, directly connected to the Member State which declared the emergency, shall not continue to the extent necessary to supply the households, essential ~~social~~public services and district heating installations in the Member States having declared the emergency.

Amendment 688 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

As long as the supply to households, essential social services and district heating installations in the Member State having declared the emergency is not satisfied, despite the application of the measure in paragraph 1, the gas supply to customers other than households, essential social services and district heating installations in any other Member State~~, directly connected to the Member State~~ in the same interconnected system which declared the emergency, shall not continue to the extent necessary to supply the households, essential social services and district heating installations in the Member States having declared the emergency.

Amendment 689 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 a (new)

Such solidarity arrangements shall extend beyond the regional cooperation formats defined in Annex II to all Member States that are neighbouring the Member States in which the emergency has been declared. In case the measures available and feasible for neighbouring states are not enough to address the emergency states, the measures above shall extend to neighbouring regions and involve a coordination at EU level.

Amendment 690 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 a (new)

The gas supply in any other Member State, directly or indirectly connected to the Member State which declared the emergency, shall only be reduced if the supply standard of the Member State in an emergency situation pursuant to Article 5(1) is permanently satisfied. The Commission shall monitor the fulfilment of the supply standard on the level of the Member States.

Amendment 691 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2

The first subparagraph shall apply to essential social services and district heating installations to the extent they are covered by the definition of protected customers in the respective Member State.deleted

Amendment 692 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2

The ~~first subparagraph shall apply to essential social services and district heating installations to the extent they are covered by the definition of protected customers in the respectiv~~applicability of Article 12(2) shall be subject to the condition that the Member State who is calling for solidarity meets all his duties under this Regulation, in particular that the Member State makes use of all measures described in the respective emergency plan and that the technical and commercial terms of the agreement in the Member ~~State~~gency plan are met.

Amendment 693 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2

The ~~first subparagraph shall apply to essential social services and district heating installations to the extent they are cover~~applicability of Article 12 (2) shall be subject to the condition that the Member State who is calling for solidarity meets all his duties under this Regulation, in particular that the Member State makes use of all measures described byin the ~~definition of protected customers in the respectiv~~respective emergency plan and that the technical and commercial terms of the agreement in the Member ~~State~~gency plan are met.

Amendment 694 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2

The ~~first subparagraph shall apply to essential social servic~~applicability of Article 12 (2) shall be subject to the condition that a Member State calling for solidarity meets all his duties aund ~~district heating installations to the extent they are cover~~er this Regulation, in particular that the Member State makes use of all measures described byin the ~~definition of protected custom~~respective emergency plan and that the commercial and technical terms inof the ~~respectiv~~agreement in the Member ~~State~~gency plan are met.

Amendment 695 #

Proposal for a regulation
Article 12 – paragraph 3

3. The competent authorities shall adopt the necessary measures, so that gas not supplied to ~~customers other than households, essential social services and district heating installation~~protected customers in their territory in the situation described in paragraph 2 can be supplied to the Member State in the emergency situation described in the same paragraph for the supply to ~~households, essential social services and district heating installation~~protected customers in that Member State.

Amendment 696 #

Pavel TELIČKA, Morten PETERSEN, Fredrick FEDERLEY

Proposal for a regulation
Article 12 – paragraph 3

3. The competent authorities shall adopt the necessary measures, so that gas not supplied to customers other than ~~households, essential social services and district heating installation~~protected customers in their territory in the situation described in paragraph 2 can be supplied to the Member State in the emergency situation described in the same paragraph for the supply to ~~households, essential social services and district heating installation~~protected customers in that Member State.

Amendment 697 #

Proposal for a regulation
Article 12 – paragraph 3

3. The competent authorities shall adopt the necessary measures, so that gas not supplied to customers other than ~~households, essential social services and district heating installation~~protected customers in their territory in the situation described in paragraph 2 can be supplied to the Member State in the emergency situation described in the same paragraph for the supply to households, essential social services and district heating installations in that Member State.

Amendment 698 #

Proposal for a regulation
Article 12 – paragraph 3

3. The competent authorities shall adopt the necessary measures, so that gas not supplied to customers other than households, essential ~~social~~public services and district heating installations in their territory in the situation described in paragraph 2 can be supplied to the Member State in the emergency situation described in the same paragraph for the supply to households, essential ~~social~~public services and district heating installations in that Member State.

Amendment 699 #

Proposal for a regulation
Article 12 – paragraph 4

4. The technical, legal and financial arrangements for the application of paragraph 3 shall be agreed among the Member States which are directly connected to each other and described in the emergency plans of their respective regions. Such arrangements may cover, among others, gas prices to be applied, use of interconnectors, including bi- directional capacity, gas volumes and the coverage of compensation costs. Market- based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3. In case the technical, legal and financial arrangements necessary to apply paragraph 3 are amended, the relevant emergency plan shall be updated accordingly.

Amendment 700 #

Pavel TELIČKA, Fredrick FEDERLEY

Proposal for a regulation
Article 12 – paragraph 4

4. The technical~~, legal~~ and financial arrangements ~~for the application of~~necessary to apply the provisions contained in paragraph 32 shall be agreed among the Member States which are directly connected to each other and described in the emergency plans of their respective regions. Such arrangements may cover, among others, gas prices to be applied, use of interconnectors, including bi-directional capacity, gas volumes and the coverage of compensation costs. Market-based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3. In case the technical, legal and financial arrangements necessary to apply paragraph 3 are amended, the relevant emergency plan shall be updated accordingly. ccording to the following level- based approach concerning the supply standard, based on the actual situation on the market, as provided by the monitoring systems in place for emergency situations: – bilateral/regional level – inter-regional – EU-wide Such arrangements may cover, among others, gas prices to be applied, use of interconnectors, including bi-directional capacity, gas volumes and the coverage of compensation costs. In case the affected Member State cannot address individually the coverage of the compensation costs, they shall be shared at EU level.

Amendment 701 #

Proposal for a regulation
Article 12 – paragraph 4

4. The technical, legal ~~and~~, financial and commercial arrangements for the application of paragraph 3 shall be agreed among the Member States which are directly connected to each other and described in the emergency plans of their respective regions. Such arrangements may cover, among others, gas prices to be applied at a level reflecting the disruption to the functioning market, use of interconnectors, including bi-directional capacity, gas volumes and the coverage of compensation costs. It should be clear from the guiding principles in the arrangements between the Member States that the solidarity mechanism is a mechanism of a last resort and its consequences should not be harmful to involved market parties. Market-based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3. The above mentioned gas prices and compensation costs and mechanisms should be reviewed regularly. In case the technical, legal and financial arrangements necessary to apply paragraph 3 are amended, the relevant emergency plan shall be updated accordingly.

Amendment 702 #

Proposal for a regulation
Article 12 – paragraph 4

4. The technical, legal and financial arrangements for the application of paragraph 3 shall be agreed among the Member States which are directly connected to each other and described in the emergency plans of their respective regions, and after consulting natural gas undertakings. Such arrangements ~~may~~shall cover, among others, gas prices to be applied, use of interconnectors, including guaranteed bi-directional capacity, gas volumes ~~and the coverage of~~, gas prices to be applied and the compensation mechanism to be implemented in order to refund the overall costs incurred because of the interruption of gas supplies, with a detrimental effect on the electricity sector. ACER should act as a facilitator in calculating compensation costs. Market- based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3. In case the technical, legal and financial arrangements necessary to apply paragraph 3 are amended, the relevant emergency plan shall be updated accordingly.

Amendment 703 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Miroslav POCHE, José BLANCO LÓPEZ, Carlos ZORRINHO, Monika SMOLKOVÁ

Proposal for a regulation
Article 12 – paragraph 4

4. ~~The technical, legal and finan~~Prior to the application of paragraph 3, the technical, legal, financial and commercial arrangements for the application of paragraph 3 shall be agreed among the Member States which are directly connected to each other and described in the emergency plans of their respective regions. Such arrangements ~~may~~will cover, among others, gas prices to be applied at a level that fully reflect the losses to gas undertakings in the functioning market, use of interconnectors, including bi-directional capacity, gas volumes and the coverage of compensation costs. Market-based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3. In case the technical, legal ~~and~~, financial and commercial arrangements necessary to apply paragraph 3 are amended, the relevant emergency plan shall be updated accordingly.

Amendment 704 #

Proposal for a regulation
Article 12 – paragraph 4

4. The technical, legal and financial arrangements for the application of paragraph 3 shall be agreed among the Member States which are directly connected to each other and described in the emergency plans of their respective regions. Such arrangements may cover, among others, gas prices to be applied, use of interconnectors, including bi-directional capacity, gas volumes and the coverage of compensation costs. Market-based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3. In case the technical, legal and financial arrangements necessary to apply paragraph 3 are amended, the relevant emergency plan shall be updated accordingly. The Commission shall oversee the fairness of the technical, legal and financial arrangements for the application of paragraph 3.

Amendment 705 #

Proposal for a regulation
Article 12 – paragraph 4

4. The technical, legal and financial arrangements for the application of paragraph 3 shall be agreed among the Member States which are, directly or indirectly through a non-EU member states, connected to each other and described in the emergency plans of their respective regions. Such arrangements ~~may~~shall cover, among others, gas prices to be applied, use of interconnectors, including bi-directional capacity, gas volumes and the coverage of compensation costs for interrupted customers and gas undertakings. Market-based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3. In case the technical, legal and financial arrangements necessary to apply paragraph 3 are amended, the relevant emergency plan shall be updated accordingly.

Amendment 706 #

Proposal for a regulation
Article 12 – paragraph 4

4. The technical, legal and financial arrangements for the application of paragraph 3 shall be agreed among the Member States which are directly connected to each other, after consulting natural gas undertakings, and described in the emergency plans of their respective regions. Such arrangements ~~may~~shall cover, among others, gas prices to be applied, use of interconnectors, including guaranteed bi-directional capacity, gas volumes and the coverage of compensation costs. Market-based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3. In case the technical, legal and financial arrangements necessary to apply paragraph 3 are amended, the relevant emergency plan shall be updated accordingly.

Amendment 707 #

Proposal for a regulation
Article 12 – paragraph 4

4. The technical, legal and financial arrangements for the application of paragraph 3 shall be agreed among the Member States which are ~~directly connected to each other~~in the same interconnected system and described in the emergency plans of their respective regions. Such arrangements may cover, among others, gas prices to be applied, use of interconnectors, including bi-directional capacity, gas volumes and the coverage of compensation costs. MAs long as they are able to cope with the crisis, market-based measures ~~such as auctions~~ shall be preferred for the implementation of the obligation laid down in paragraph 3. In case the technical, legal and financial arrangements necessary to apply paragraph 3 are amended, the relevant emergency plan shall be updated accordingly.

Amendment 708 #

Proposal for a regulation
Article 12 – paragraph 4

4. The technical, legal and financial arrangements for the application of paragraph 3 shall be agreed among the Member States which are directly connected to each other and ~~described in the emergency plans of their respective regio~~be organic part of the national emergency plans. Such arrangements may cover, among others, gas prices to be applied, use of interconnectors, including bi-directional capacity, gas volumes and the coverage of compensation costs. Market-based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3. In case the technical, legal and financial arrangements necessary to apply paragraph 3 are amended, the relevant emergency plan shall be updated accordingly.

Amendment 709 #

Proposal for a regulation
Article 12 – paragraph 6

6. If the Member States do not agree on the necessary technical, legal and financial arrangements, the Commission ~~may propose a framework for such measures in its opinion and decision on the plans~~shall develop a proposal for such arrangements in accordance with paragraph 4. If the Member States do not agree on the basis of the Commission´s proposal, any obligations under this Article between the respective Member States will not apply.

Amendment 710 #

Proposal for a regulation
Article 12 – paragraph 6

6. If the Member States do not agree on the necessary technical, legal and financial arrangements, the Commission ~~may~~shall pro~~pos~~vide a ~~framework~~proposal for such ~~measures in its opinion and decision on the plan~~arrangements.

Amendment 711 #

Eugen FREUND

Proposal for a regulation
Article 12 – paragraph 6

(6) If the Member States do not agree on the necessary technical, legal and financial arrangements, the Commission may propose a framework for such measures in its opinion and decision on the plans by taking special care to ensure that uniform supply standards are actually respected and that supply shortages of the Member States concerned are resolved as soon as possible. Within the framework of the financial arrangement governing Member States,the Commission could also make proposals for burden-sharing mechanisms so that adverse economic consequences are not borne solely by the neighbouring countries concerned.

Amendment 712 #

Proposal for a regulation
Article 12 – paragraph 6

6. If the Member States do not agree on the necessary technical, commercial, legal and financial arrangements, the Commission may propose a framework for such ~~measure~~agreements in its opinion and decision on the plans. In absence of agreed technical, commercial, legal and financial arrangements for appropriate compensation in the solidarity agreements, natural gas undertakings should not bear obligations derived from paragraph 2 and 3.

Amendment 713 #

Proposal for a regulation
Article 12 – paragraph 6 a (new)

6a. Solidarity towards Energy Community Contracting Parties shall involve a coordinated response at EU level.

Amendment 714 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, José BLANCO LÓPEZ, Soledad CABEZÓN RUIZ, Flavio ZANONATO, Carlos ZORRINHO, Dan NICA

Proposal for a regulation
Article 13 – title

~~Inform~~Compilation and exchange of information

Amendment 715 #

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. During an emergency, the natural gas and, where appropriate, electricity undertakings concerned shall make available in particular the following information to the competent authority on a daily basis:

Amendment 716 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Dan NICA

Proposal for a regulation
Article 13 – paragraph 1 – point b

(b) daily flow of gas and gas-fired electricity at all cross-border entry and exit points as well as all points connecting a production facility, a storage facility or an LNG terminal to the network, in million cubic meters per day (mcm/d);

Amendment 717 #

Theresa GRIFFIN, Zigmantas BALČYTIS, Jude KIRTON-DARLING, José BLANCO LÓPEZ, Soledad CABEZÓN RUIZ, Flavio ZANONATO, Miroslav POCHE, Carlos ZORRINHO, Dan NICA

Proposal for a regulation
Article 13 – paragraph 2 – point b

(b) information on the measures planned to be undertaken and already implemented by the competent authority to mitigate the emergency, including demand-side measures, and information on their effectiveness;

Amendment 718 #

Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1

After an emergency, the competent authority shall, as soon as possible and at the latest six weeks after the lifting of the emergency, provide to the Commission a detailed assessment of the emergency and the effectiveness of the implemented measures, including an assessment of the economic impact of the emergency, the impact on the electricity sector and the assistance provided to or received from, the Union and its Member States. Such assessment ~~shall~~may be made available by the Commission to the Gas Coordination Group and shall be reflected in the updates of the preventive action plans and the emergency plans.

Amendment 719 #

Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 2

The Commission shall analyse the assessments of the competent authorities and shall inform the Member States, and the European Parliament ~~and the Gas Coordination Group~~ of the results of its analysis in an aggregated form.

Amendment 720 #

Proposal for a regulation
Article 13 – paragraph 4

4. I~~n duly justified circumstances i~~rrespective of a declaration of emergency, the competent authority may require ~~gas un~~the following details, and only these derta~~kings to provide the information referred to in paragraph 1 or additional information necessary~~ils of gas supply contracts, as collected under REMIT reporting requirements, with a duration of more than one year from ACER in order to assess the ~~overall~~ situation of the ~~gas supply in the Member State or other Member States, including contractual information~~security of supply at national, regional and Union level. The Commission may request from the competent authorities the information provided by natural gas undertakings. on an aggregate level. (a) duration of the contract (b) delivery points (c) maximum daily volumes contracted in the event of an emergency (d) contracted volumes in total on an annual basis and the average volume per month; (e) minimum daily, monthly and yearly gas volumes (f) conditions for the suspension of delivery

Amendment 721 #

Proposal for a regulation
Article 13 – paragraph 4

4. ~~In duly justified circumstances irrespective of a declaration of~~During an emergency, the competent authority may require gas undertakings to provide the information referred to in paragraph 1 ~~or additional information necessary~~ to assess the overall situation of the gas supply in the Member State ~~or other M~~who has declared the ember ~~States, including contractual information~~gency. The Commission may request from the competent authorities the information provided by natural gas undertakings. The competent authorities and the European Commission shall guarantee the confidentiality of commercially sensitive information.

Amendment 722 #

Pavel TELIČKA, Angelika MLINAR, Morten PETERSEN, Lieve WIERINCK, Fredrick FEDERLEY

Proposal for a regulation
Article 13 – paragraph 4

4. In duly justified circumstances irrespective of a declaration of emergency, the competent authority may require gas undertakings to provide the information referred to in paragraph 1 or additional information necessary to assess the overall situation of the gas supply in the Member State or other Member States, including contractual information subject to such a request not duplicating information provisions obligations that natural gas undertakings may already have at a Member State or EU level. The Commission may request from the competent authorities the information provided by natural gas undertakings.

Amendment 723 #

Proposal for a regulation
Article 13 – paragraph 4

4. In duly justified circumstances irrespective of a declaration of emergency, the competent authority may require gas undertakings to provide the information referred to in paragraph 1 or additional information necessary to assess the overall situation of the gas supply in the Member State or other Member States, including contractual information. The Commission may request from the competent authorities the information provided by natural gas undertakings. The Commission in doing so will refrain from unnecessary administrative burden and will not disclose commercially sensitive information.

Amendment 724 #

Proposal for a regulation
Article 13 – paragraph 4

4. In duly justified circumstances irrespective of a declaration of emergency, the competent authority may require gas undertakings to provide the information referred to in paragraph 1 or additional information necessary to assess the overall situation of the gas supply in the Member State or other Member States, including contractual information. The Commission may request from the competent authorities, which shall preserve the commercially and sensitive aspects, the information provided by natural gas undertakings.

Amendment 725 #

Proposal for a regulation
Article 13 – paragraph 4

4. In duly justified circumstances irrespective of a declaration of emergency, the competent authority may require natural gas undertakings to provide the information referred to in paragraph 1 or additional information necessary to assess the overall situation of the gas supply in the Member State or other Member States, including contractual information. The Commission may request from the competent authorities the information provided by natural gas undertakings.

Amendment 726 #

Proposal for a regulation
Article 13 – paragraph 4

4. In duly justified circumstances irrespective of a declaration of emergency, the national competent authority may require gas undertakings to provide the information referred to in paragraph 1 ~~or additional information necessary~~ to assess the overall situation of the gas supply in the Member State ~~or other Member States~~, including contractual information on volumes. The Commission may request from the competent authorities the information provided by natural gas undertakings.

Amendment 727 #

Proposal for a regulation
Article 13 – paragraph 5

5. Where ~~the Commission considers that th~~a Member State ghas ~~supply in a region or the Union as whole~~declared the emergency crisis level isn a~~ffected or is likely to be affected it~~ccordance with Article 10(1), the Commission may require the competent authorities to collect and submit to the Commission information ~~necessary~~referred to in paragraph 1 to assess the situation of the gas supply in the Union. The Commission may share its assessment with the Gas Coordination Group.

Amendment 728 #

Proposal for a regulation
Article 13 – paragraph 5

5. Where the Commission considers that the gas supply in a region or the Union as whole is affected or is likely to be affected it may require the competent authorities to collect and submit to the Commission the relevant information necessary to assess the situation of the gas supply in the Union listed in Article 13(1) and 13(2). The Commission ~~may~~shall share its assessment with the Gas Coordination Group.

Amendment 729 #

Proposal for a regulation
Article 13 – paragraph 5

5. Where the Commission considers that the gas supply in a region or the Union as whole is affected or is likely to be affected it may require the competent authorities to collect and submit to the Commission information ~~necessary~~as indicated in paragraph 1 to assess the situation of the gas supply in the Union. The Commission may share its assessment with the Gas Coordination Group.

Amendment 730 #

Proposal for a regulation
Article 13 – paragraph 5

Amendment 731 #

Proposal for a regulation
Article 13 – paragraph 6 – point a

(a) to the competent authorities concerned the following details of gas supply contracts with a duration of more than 1 year: (i) contract duration; (ii) contracted volumes in total, on an annual basis and the average volume per month; (iii) contracted maximum daily volumes in the event of an alert or emergency; (iv) contracted delivery points; (v) minimum daily, monthly and yearly gas volumes; (vi) conditions for the suspension of gas deliveries.deleted

Amendment 732 #

Proposal for a regulation
Article 13 – paragraph 6 – point a – introductory part

(a) to the competent authorities concerned and to the Commission the following details of gas supply contracts with a duration of more than 1 year:

Amendment 733 #

Proposal for a regulation
Article 13 – paragraph 6 – point a – point v a (new)

(va) price;

Amendment 734 #

Proposal for a regulation
Article 13 – paragraph 6 – point a – subparagraph 1 a (new)

In order to avoid double-reporting or unjustified bureaucratic burden for natural gas undertakings, the Commission should strengthen its coordination with ACER and the relevant national authorities as to take full stock of information already collected under article 8 of Regulation (EU) No 1227/2011.

Amendment 735 #

Proposal for a regulation
Article 13 – paragraph 6 – point a – subparagraph 1 a (new)

The Commission shall avoid the double reporting for natural gas undertakings, strengthening its coordination with ACER in order to take full account of information already provided under existing regulation.

Amendment 736 #

Proposal for a regulation
Article 13 – paragraph 6 – point b

Amendment 737 #

Proposal for a regulation
Article 13 – paragraph 6 – point b

Amendment 738 #

Proposal for a regulation
Article 13 – paragraph 6 – point b

(b) to the competent authority and to the Commission immediately after their conclusion or modification the gas supply contracts with the same supplier from a third country or from its affiliates, with a duration of more than 1 year concluded or modified after [OP: Please insert the date of entry in force of this Regulation] that individually or cumulatively with ~~other~~ contracts with the same supplier or its affiliates provide more than 460% of yearly natural gas consumption in the Member State concerned. The notification obligation shall not apply to the ~~modifications related only to the gas price~~gas price and other clauses which do not ensure a comprehensive assessment of relevant risks to security of supply. The notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract. To that end, the national regulatory authorities shall monitor the market supply structure and inform the relevant natural gas undertakings once the 40% threshold is exceeded.

Amendment 739 #

Proposal for a regulation
Article 13 – paragraph 6 – point b

(b) to the competent authority and to the Commission immediately after their conclusion or modification the gas supply contracts with suppliers from the same third country or from their affiliates, with a duration of more than 1 year concluded or modified after [OP: Please insert the date of entry in force of this Regulation] that individually or cumulatively with ~~other contracts with the same supplier or its affiliates provide more than 40% of yearly natural gas consumption in~~contracts of other natural gas undertakings on the same national market with suppliers from the same third country or their affiliates provide more than 40% of total annual gas imports from third countries to the Member State concerned. The notification obligation shall not apply to the ~~modifications related only to the~~ gas price. The notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract. To that end, the national regulatory authorities shall monitor the market supply structure and inform the relevant natural gas undertakings once the 40% threshold is exceeded.

Amendment 740 #

Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 13 – paragraph 6 – point b

(b) to the competent authority and to the Commission immediately after their conclusion or modification the gas supply contracts with the same supplier from a third country or from its affiliates, with a duration of more than 1 year concluded or modified after [OP: Please insert the date of entry in force of this Regulation] that individually or cumulatively with ~~other~~ contracts with the same supplier or its affiliates provide more than 40% of yearly natural gas consumption in the Member State concerned. The notification obligation shall not apply to the ~~modifications related only to the gas price~~gas price or other clauses not relevant for a comprehensive risk assessment of the security of supply. The notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract. To that end, the national regulatory authorities shall monitor the market supply structure and inform the relevant natural gas undertakings once the 40% threshold is exceeded

Amendment 741 #

Proposal for a regulation
Article 13 – paragraph 6 – point b

Amendment 742 #

Proposal for a regulation
Article 13 – paragraph 6 – point b

Amendment 743 #

Proposal for a regulation
Article 13 – paragraph 6 – point b

(b) to the competent authority ~~and to the Commission~~ immediately after their conclusion or modification the gas supply contracts with a duration of more than 1 year concluded or modified after [OP: Please insert the date of entry in force of this Regulation] that individually or cumulatively with other contracts with the same supplier or its affiliates provide more than 40% of yearly natural gas consumption in the Member State concerned. The notification obligation shall not apply to the modifications related only to the gas price. The notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract. The Commission may request from the competent authorities the information provided by natural gas undertakings on an aggregate level.

Amendment 744 #

Proposal for a regulation
Article 13 – paragraph 6 – point b

(b) to the competent authorityies and to the Commission immediately after their conclusion or modification the gas supply contracts with a duration of more than 1 year concluded or modified after ~~[OP: Please insert the date of entry in force of this Regulation]~~20 March 2015 that individually or cumulatively with other contracts with the same supplier or its affiliates provide more than 4025% of yearly natural gas consumption in the Member State concerned. The notification obligation shall not apply to the modifications related only to the gas price. The notification obligation shall also apply to all existing and new commercial agreements relevant for the execution of the gas supply contract.

Amendment 745 #

Proposal for a regulation
Article 13 – paragraph 6 – point b

(b) to the competent authority ~~and to the Commission~~ immediately after their conclusion or modification ~~the~~following the information on gas supply contracts with a duration of more than 1 year concluded or modified after [OP: Please insert the date of entry in force of this Regulation] that individually or cumulatively with other contracts with the same supplier or its affiliates provide more than 40% of yearly natural gas consumption in the ~~Member State~~region concerned. The notification obligation shall not apply to the modifications related only to the gas price. The notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract.

Amendment 746 #

Proposal for a regulation
Article 13 – paragraph 6 – point b

(b) to the competent authority and to the Commission immediately after their conclusion or modification the gas supply contracts with a duration of more than 1 year concluded or modified after [OP: Please insert the date of entry in force of this Regulation] that individually or cumulatively with other contracts with the same supplier or its affiliates provide more than 40% of yearly natural gas consumption in the Member State concerned. The notification obligation shall ~~not~~also apply to the modifications related ~~only~~ to the gas price. The notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract.

Amendment 747 #

Proposal for a regulation
Article 13 – paragraph 6 – point b

Amendment 748 #

Proposal for a regulation
Article 13 – paragraph 6 – point b – subparagraph 2

~~The competent authority shall notify the data listed in point (a) of the first subparagraph to the Commission by the end of September each year.~~deleted

Amendment 749 #

Proposal for a regulation
Article 13 – paragraph 6 a (new)

6a. The Commission shall use the data collected to calculate average gas price paid by natural gas undertakings in each region as defined in this Regulation and in the EU as a whole. The results obtained shall be made public biannually.

Amendment 750 #

Proposal for a regulation
Article 13 – paragraph 7

Amendment 751 #

Proposal for a regulation
Article 13 – paragraph 7

Amendment 752 #

Pavel TELIČKA

Proposal for a regulation
Article 13 – paragraph 7

Amendment 753 #

Proposal for a regulation
Article 13 – paragraph 7

Amendment 754 #

Proposal for a regulation
Article 13 – paragraph 7

7. In duly justified circumstances, where the competent authority or the Commission considers that a gas supply contract not covered by paragraph 6(b) of this Article might affect the security of supply of a Member State, region or of the Union as whole, the competent authority of the Member State where the natural gas undertaking who has concluded the contract operates or the Commission ~~may~~shall request the natural gas undertaking to provide the contract for the assessment of its impact on security of supply. ~~The request may cover also any other commercial agreements relevant for the execution of the gas supply contract.~~

Amendment 755 #

Proposal for a regulation
Article 13 – paragraph 7

7. In duly justified circumstances, where the competent authority ~~or the Commission~~ considers that a gas supply contract not covered by paragraph 6(b) of this Article might affect the security of gas supply of a Member State, ~~region or of the Union as whole,~~ the competent authority of the Member State where the natural gas undertaking who has concluded the contract operates ~~or the Commission~~ may request the natural gas undertaking to provide thnon sensitive contractual info for the assessment of its impact on security of supply. The ~~request may cover also any o~~gas undertakings should not reveal ther co~~mmercial agreem~~ntracts ents irel~~evant for the exec~~y (all its clauses), buti on ~~of the gas supply contract~~ly provide the contractual information estimated necessary.

Amendment 756 #

Proposal for a regulation
Article 13 – paragraph 7

7. IDuring an emergency, and in duly justified circumstances, where the competent authority or the Commission considers that information a gas supply contract not covered by paragraph 6(b) (a) of this Article might affect the security of supply of a Member State, region or of the Union as whole, the competent authority should of the Member State where the natural gas undertaking who has concluded the contract operates or the Commission may request the natural gas undertaking to provide theo the Commission the information covered by paragraph 6 (b) contract for the assessment of its impact on security of supply. The request may cover also any other commercial agreements relevant for the execution of the gas supply contract.

Amendment 757 #

Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 13 – paragraph 7

7. In duly justified circumstances, where the competent authority or the Commission considers that a gas supply contract not covered by paragraph 6(b) of this Article might affect the security of gas supply of a Member State, region or of the Union as whole, the competent authority of the Member State where the natural gas undertaking who has concluded the contract operates or the Commission may request the natural gas undertaking to provide the ~~contract~~necessary contractual information for the assessment of its impact on security of supply. The request may cover also any other commercial agreements relevant for the execution of the gas supply contract.

Amendment 758 #

Proposal for a regulation
Article 13 – paragraph 7

7. In duly justified circumstances, where the competent authority ~~or the Commission~~ considers that a gas supply contract not covered by paragraph 6(b) of this Article might affect the security of supply of a Member State, region or of the Union as whole, the competent authority of the Member State where the natural gas undertaking who has concluded the contract operates ~~or the Commission~~ may request the natural gas undertaking to provide the contract for the assessment of its impact on security of supply. The request may cover also any other commercial agreements relevant for the execution of the gas supply contract.

Amendment 759 #

Proposal for a regulation
Article 13 – paragraph 8

8. The competent authority shall take into account the information received under this article in the preparation of the risk assessment, preventive action plan and emergency plan or their respective updates. ~~The Commission may adopt a decision requesting the competent authority to amend the plans on the basis of the information received under this article.~~

Amendment 760 #

Proposal for a regulation
Article 13 – paragraph 8

8. The competent authority shall take into account the information received under this article in the preparation of the risk assessment, preventive action plan and emergency plan or their respective updates. The Commission may adopt a ~~decis~~non-binding opinion requesting the competent authority to amend the plans on the basis of the information received under this article.

Amendment 761 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE

Proposal for a regulation
Article 13 – paragraph 8 a (new)

8a. If the Commission finds the terms of a gas supply contract to infringe the provisions of the European Union law, it may consider launching further procedure, inter alia under Union competition law. The Commission shall inform the natural gas undertaking concerned and respective competent authority about incompatibility of the terms of the gas supply contract with provisions of the European Union law and request that terms of the contract be amended. The natural gas undertaking or the relevant competent authority shall, within three months of the request, notify the amendment to the Commission or shall inform the Commission of the reasons why it the request cannot be satisfied. The Commission shall, within three months of the natural gas undertaking's or competent authority's reply, amend, withdraw or confirm its request. The Commission shall give detailed reasons for its position.

Amendment 762 #

Proposal for a regulation
Article 13 – paragraph 9

9. The competent authorities and the Commission shall preserve the strict confidentiality of commercially sensitive information made available through Article 13.

Amendment 763 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO

Proposal for a regulation
Article 14 – paragraph 1

1. A Gas Coordination Group is established to facilitate the coordination of measures concerning security of gas supply. The Group shall be composed of representatives of the Member States, in particular of their competent authorities, as well as the Agency for the Cooperation of Energy Regulators (the "Agency"), the ENTSO for Gas and representative bodies of the industry concerned and those of relevant customers, environmental protection and energy management authorities and electricity operators. The Commission shall, in consultation with the Member States, decide on the composition of the Group, ensuring it is fully representative. The Commission shall chair the Group. The Group shall adopt its rules of procedure.

Amendment 764 #

Proposal for a regulation
Article 14 – paragraph 1

1. A Gas Coordination Group is established to facilitate the coordination of measures concerning security of gas supply. The Group shall be composed of representatives of the Member States, in particular of their competent authorities, as well as the Agency for the Cooperation of Energy Regulators (the "Agency"), the ENTSO for Gas, groups of Transport System Operators which collaborate on a trans-national level, and representative bodies of the industry concerned and those of relevant customers. The Commission shall, in consultation with the Member States, decide on the composition of the Group, ensuring it is fully representative. The Commission shall chair the Group. The Group shall adopt its rules of procedure.

Amendment 765 #

Proposal for a regulation
Article 14 – paragraph 1

1. A Gas Coordination Group is established to facilitate the coordination of measures concerning security of gas supply. The Group shall be composed of representatives of the Member States, in particular of their competent authorities, as well as the Agency for the Cooperation of Energy Regulators (the "Agency"), the ENTSO for Gas and Electricity and representative bodies of the industry concerned, and those of relevant customers and environmental protection authorities. The Commission shall, in consultation with the Member States, decide on the composition of the Group, ensuring it is fully representative. The Commission shall chair the Group. The Group shall adopt its rules of procedure.

Amendment 766 #

Proposal for a regulation
Article 14 – paragraph 1

1. A Gas Coordination Group is established to facilitate the coordination of measures concerning security of gas supply. The Group shall be composed of representatives of the Member States, in particular of their competent authorities and their national regulatory authorities, as well as the Agency for the Cooperation of Energy Regulators (the "Agency"), the ENTSO for Gas and representative bodies of the industry concerned and those of relevant customers. The Commission shall, in consultation with the Member States, decide on the composition of the Group, ensuring it is fully representative. The Commission shall chair the Group. The Group shall adopt its rules of procedure.

Amendment 767 #

Proposal for a regulation
Article 14 – paragraph 1

1. A Gas Coordination Group is established to ~~facilitate the coordinat~~advise the Commission of n measures concerning security of gas supply. The Group shall be composed of representatives of the Member States, in particular of their competent authorities, as well as the Agency for the Cooperation of Energy Regulators (the "Agency"), the ENTSO for Gas and representative bodies of the industry concerned and those of relevant customers. The Commission shall, in consultation with the Member States, decide on the composition of the Group, ensuring it is fully representative. The Commission shall chair the Group. The Group shall adopt its rules of procedure.

Amendment 768 #

Proposal for a regulation
Article 14 – paragraph 1

1. A Gas Coordination Group is established to facilitate the coordination of measures concerning security of gas supply. The Group shall be composed of representatives of the Member States, in particular of their competent authorities, as well as the Agency for the Cooperation of Energy Regulators (the "Agency"), the ENTSO for Gas and representative bodies of the industry concerned and those of relevant customers. The Co~~mmission~~uncil shall, in consultation with the ~~Member States~~Commission, decide on the composition of the Group, ensuring it is fully representative. The Commission shall chair the Group. The Group shall adopt its rules of procedure.

Amendment 769 #

Proposal for a regulation
Article 14 – paragraph 2 – introductory part

2. The Gas Coordination Group shall be consulted and shall assist the Commission and the Council in particular on the following issues:

Amendment 770 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO

Proposal for a regulation
Article 14 – paragraph 2 – point b

~~(b) all information relevant for security of gas supply at national, regional and Union levels;~~deleted

Amendment 771 #

Proposal for a regulation
Article 14 – paragraph 2 – point b

(b) all information relevant for security of gas supply at national, regional and Union levels, including information and data on implemented and planned demand-side policies and measures;

Amendment 772 #

Proposal for a regulation
Article 15 – paragraph 1

1. The second sentence of Article 3(2), Article 3(6), Article 4(3), (4) and (6), Article 5(2), point (d) of Article 6(1), points (b) and (e) of Article 7(5), points (e), (g), (i), of Article 8(1), point (b) and (c) of Article 8(4), points (j) and (m) of Article 9(1), Article 9(4), Article 10(4), Article 11(5) and Article 12 shall create obligations for the Members States towards an Energy Community Contracting Party subject to the following procedure: (a) the Ministerial Council of the Energy Community adopts and integrates this Regulation in the Energy Community by means of a Joint Act on security of supply introducing reciprocal obligations on the side of Energy Community Contracting Parties in the relations with the Member States, (b) the Energy Community Contracting Party implements the Joint Act and duly notifies the full implementation to the Energy Community Secretariat, including a request for the application of this paragraph for its part and (c) the Energy Community Secretariat notifies the implementation and a request to the Commission to confirm the applicability of reciprocal obligations between the requesting Energy Community Contracting Party and the Member States. Following the notification of the Energy Community Secretariat, the Commission takes a decision confirming the applicability of reciprocal obligations between the Member States and the Energy Community Contracting Party in view of application of this paragraph, indicating the date as of which these mutual obligations apply.deleted

Amendment 773 #

Proposal for a regulation
Article 15 – paragraph 1 – introductory part

1. TWhere Energy Community Contracting Party fully implemented Directive 2009/73/EC, Regulation (EC) No 715/2009, network codes established according to the procedure as set out in Article 6 of Regulation (EC) No 715/2009 and Regulation (EU) No [xxx/xxxx/xx] [OP: Please insert number of Regulation once adopted] the second sentence of Article 3(2), Article 3(6), Article 4(3), (4) and (6), Article 5(2), point (d) of Article 6(1), points (b) and (e) of Article 7(5), points (e), (g), (i), of Article 8(1), point (b) and (c) of Article 8(4), points (j) and (m) of Article 9(1), Article 9(4), Article 10(4), Article 11(5) and Article 12 shall create obligations for the Members States towards an Energy Community Contracting Party subject to the following procedure:

Amendment 774 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, José BLANCO LÓPEZ, Carlos ZORRINHO, Monika SMOLKOVÁ

Proposal for a regulation
Article 15 – paragraph 1 – introductory part

Amendment 775 #

Proposal for a regulation
Article 15 – paragraph 1 – introductory part

Amendment 776 #

Proposal for a regulation
Article 15 – paragraph 1 – point a

(a) the Ministerial Council of the Energy Community adopts and integrates this ~~Regulation~~Directive in the Energy Community by means of a Joint Act on security of supply introducing reciprocal obligations on the side of Energy Community Contracting Parties in the relations with the Member States,

Amendment 777 #

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2

Following the notification of the Energy Community Secretariat, the Commission ~~takes a decision confirming~~shall assess the effective implementation of the Act notified and, taking into account of the comprehensive compliance demonstrated by the Energy Community Contracting Party, decides on the applicability of reciprocal obligations between the Member States and the Energy Community Contracting Party in view of application of this paragraph,. In case of a positive decision, the Commission shall indicat~~ing~~e the date as of which these mutual obligations apply. In case of a negative decision, the Commission shall provide a detailed justification concerning the non- compliances motivating it.

Amendment 778 #

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2

Following the notification of the Energy Community Secretariat, the Co~~mmission~~uncil takes a decision confirming the applicability of reciprocal obligations between the Member States and the Energy Community Contracting Party in view of application of this paragraph, indicating the date as of which these mutual obligations apply.

Amendment 779 #

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2 a (new)

The Commission shall develop specific rules of procedure to ensure that the notifications of Energy Community Contracting parties that have the status of candidates for accession shall be treated appropriately in coherence with the development of the accession dossier.

Amendment 780 #

Proposal for a regulation
Article 16 – subparagraph 1

The Commission shall carry out continuous monitoring of the security of gas supply measures and ~~report regularly to~~may share the corresponding information with the Gas Coordination Group.

Amendment 781 #

Proposal for a regulation
Article 16 – subparagraph 1

The Commission shall carry out continuous monitoring of the security of gas supply measures and report regularly to the Council and the Gas Coordination Group.

Amendment 782 #

Proposal for a regulation
Article 17 – subparagraph 2

All correspondence in connection with a notification and information exchange shall be transmitted electronically.

Amendment 783 #

Proposal for a regulation
Article 18 – title

~~Exercise of the delegation~~Transposition measures

Amendment 784 #

Proposal for a regulation
Article 18 – paragraph 1

1. ~~The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Articl~~Member States shall adopt and publish, not later than four years after the entry into force of this Directive, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. They shall apply those provisions not later than four years after the entry into force of this Directive. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Amendment 785 #

Proposal for a regulation
Article 18 – paragraph 2

2. The power to adopt delegated acts referred to in Article 6(3) and Article 7(3) shall be conferred on the Commission for an undetermined period of time from the [OP: please insert the date of entry into force of the this Regulation]Member States shall form regions and conclude an agreement as provided for in Article 3 (7) within three years of the publication of this Directive.

Amendment 786 #

Proposal for a regulation
Article 18 – paragraph 2

Amendment 787 #

Proposal for a regulation
Article 18 – paragraph 3

3. The delegation of power referred to in Article 6(3) and Article 7(3) 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 the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in forcMember States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Amendment 788 #

Proposal for a regulation
Article 18 – paragraph 4

~~4. As soon as it adopts a~~ delegated ~~act, the Commission shall notify it simultaneously to the European Parliament and to the Council.~~

Amendment 789 #

Proposal for a regulation
Article 18 – paragraph 5

~~5. A~~ delegated act adopted pursuant to Article 6(3) and Article 7(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment 790 #

Proposal for a regulation
Article 19 – subparagraph 1 – introductory part

This Regulation shall not apply to Malta and Cyprus for ~~as long as no gas is supplied on their respective te~~to the regional group of Member States of the 'Southern Gas Corritdor~~ies~~', as set out in Annex I. For Malta and Cyprus the obligations laid down in, and the choices those Member States are entitled to make pursuant to, the following provisions shall be fulfilled and made within the specified time after the date when gas is first supplied on their respective territories:

Amendment 791 #

Proposal for a regulation
Article 19 – subparagraph 1 – introductory part

This ~~Regulation~~Directive shall not apply to Malta and Cyprus for as long as no gas is supplied on their respective territories. For Malta and Cyprus the obligations laid down in, and the choices those Member States are entitled to make pursuant to, the following provisions shall be fulfilled and made within the specified time after the date when gas is first supplied on their respective territories:

Amendment 792 #

Miriam DALLI

Proposal for a regulation
Article 19 – subparagraph 1 a (new)

In the case of Malta, where less than 5% of households are connected to a gas distribution network, it shall be able to consider local power generating plants fuelled by natural gas as a protected customer for the purposes of Article 2 (1).

Amendment 793 #

Proposal for a regulation
Article 20 – paragraph 2

References made to the repealed Regulation shall be construed as references to this ~~Regulation~~Directive and read in accordance with the correlation table in Annex VIII.

Amendment 794 #

Proposal for a regulation
Article 21 – paragraph 1

TWithout prejudice to Article 2 (1), this Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Amendment 795 #

Proposal for a regulation
Article 21 – paragraph 1

This ~~Regulation~~Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Amendment 796 #

Proposal for a regulation
Article 21 – paragraph 2

This ~~Regulation shall be binding in its entirety and directly applicable in all~~Directive is addressed to the Member States.

Amendment 797 #

Proposal for a regulation
Article 21 a (new)

Article 21a Article 2(1) shall enter into force on 1 January 2019.

Amendment 798 #

Proposal for a regulation
Article 21 b (new)

Article 21b Until 31 December 2018, Article 2 point 1 of the Regulation (EU) No 994/2010 shall remain in force.

Amendment 799 #

Herbert REUL, Françoise GROSSETÊTE, Paul RÜBIG, Massimiliano SALINI

Proposal for a regulation
Annex I

Regional cooperation The regions referred to in Article 3(7) are the following: - North West: United Kingdom and Ireland; - North-South Western Europe: Belgium, France, Luxembourg, Spain, The Netherlands and Portugal; - Southern Gas Corridor: Bulgaria, Greece and Romania; - Central-East: Czech Republic, Germany, Poland and Slovakia; - South East: Austria, Croatia, Hungary, Italy and Slovenia; - Baltic Energy Market I (BEMIP I): Estonia, Finland, Latvia and Lithuania; - Baltic Energy Market II (BEMIP II): Denmark and Sweden; - Cyprus; - Malta as long as it is not connected to another Member State. In case Malta is interconnected to another Member State it shall be considered as part of the region of that Member State.deleted

Amendment 800 #

Proposal for a regulation
Annex I

Amendment 801 #

Proposal for a regulation
Annex I

Amendment 802 #

Proposal for a regulation
Annex I

Amendment 803 #

Proposal for a regulation
Annex I

Amendment 804 #

Proposal for a regulation
Annex I

Amendment 805 #

Proposal for a regulation
Annex I – paragraph 2 – indent 1

- North West: Belgium, France, Luxembourg, The Netherlands, United Kingdom and Ireland;

Amendment 806 #

Proposal for a regulation
Annex I – paragraph 2 – indent 2

- ~~North-~~South Western Europe: ~~Belgium, France, Luxembourg, Spain, The Netherlands~~France, Spain and Portugal;

Amendment 807 #

Proposal for a regulation
Annex I – paragraph 2 – indent 2

- ~~North-~~South Western Europe: ~~Belgium, France, Luxembourg, Spain, The Netherlands~~France, Spain and Portugal;

Amendment 808 #

Proposal for a regulation
Annex I – paragraph 2 – indent 2 a (new)

- Pentalateral: Belgium, France, Germany, Luxembourg and The Netherlands;

Amendment 809 #

Proposal for a regulation
Annex I – paragraph 2 – indent 2 a (new)

- Central-South: France, Italy, Germany, Austria, Slovenia;

Amendment 810 #

Proposal for a regulation
Annex I – paragraph 2 – indent 3

- South~~ern Gas Corridor~~ East: Bulgaria, Greece, Hungary and Romania;

Amendment 811 #

Proposal for a regulation
Annex I – paragraph 2 – indent 4

- Central-East: Austria, Croatia, Czech Republic, Germany, Poland and Slovakia;

Amendment 812 #

Proposal for a regulation
Annex I – paragraph 2 – indent 4

- Central-East: Austria, Czech Republic, Germany, Poland and Slovakia;

Amendment 813 #

Proposal for a regulation
Annex I – paragraph 2 – indent 5

~~- South East: Austria, Croatia, Hungary, Italy and Slovenia;~~deleted

Amendment 814 #

Proposal for a regulation
Annex I – paragraph 2 – indent 5

- South East: Austria, Croatia, Germany, Hungary, Italy and Slovenia;

Amendment 815 #

Proposal for a regulation
Annex II – point 5 – subparagraph 1

The calculated area referred to in point 3 shall be extended to the appropriate regional level~~. The regions listed in Annex I shall apply~~ for connected Member States. For the calculation of the N – 1 formula at regional level, the single largest gas infrastructure of common interest shall be used. The single largest gas infrastructure of common interest ~~to a region~~ shall be the largest gas infrastructure ~~in the region~~ that directly or indirectly contributes to the supply of gas to the connected Member States ~~of that region~~ and shall be defined in the risk assessment.

Amendment 816 #

Proposal for a regulation
Annex II – point 5 – subparagraph 1

The calculated area referred to in point 3 shall be extended to the appropriate regional level for connected Member States. The regions listed in Annex I shall apply. For the calculation of the N – 1 formula at regional level, the single largest gas infrastructure of common interest shall be used. The single largest gas infrastructure of common interest ~~to a region~~ shall be the largest gas infrastructure ~~in the region~~ that directly or indirectly contributes to the supply of gas to ~~the~~connected Member States ~~of that region~~ and shall be defined in the risk assessment.

Amendment 817 #

Proposal for a regulation
Annex II – point 5 – subparagraph 3

For the calculations referred to in Article 6(1), the single largest gas infrastructure of common interest ~~to the regions as listed in Annex I~~of connected Member States shall be used.

Amendment 818 #

Proposal for a regulation
Annex II – point 5 – subparagraph 3

For the calculations referred to in Article 6(1), the single largest gas infrastructure of common interest ~~to the regions as listed in Annex I~~of connected Member States shall be used.

Amendment 819 #

Proposal for a regulation
Annex III – point 1 – introductory part

1. To enable or enhance bi-directional capacity on an interconnector or to obtain or prolong an exemption from that obligation, transmission system operators on both sides of the interconnector shall submit to their competent authorities ~~(competent~~ or, where Member States so provide, their competent authorities or their regulatory authorities (referred to in this Article as the "authorities concerned") after consulting with all transmission system operators along the gas supply corridor:

Amendment 820 #

Proposal for a regulation
Annex III – point 3

3. ~~Upon~~The authority concerned recei~~pt of~~ving the proposal or ~~the~~ exemption request ~~the competent~~shall notify the authorities concerned ~~shall without delay consult the competent authorities along the gas supply corridor, the Agenc~~of the other Member States that could, according to the risk assessment, benefit from reverse flow capacity and the Commission onf the proposal or the exemption request~~. The consulted authorities may issue an opinion within four months of the receipt of the consultation request~~ without delay. That authority concerned shall give those authorities concerned and the Commission the possibility to issue an opinion within a period of 4 months following receipt of that notification.

Amendment 821 #

Proposal for a regulation
Annex III – point 4

4. Within two months of the expiry of the period referred to in point 3, the competent authorities concerned shall on the basis of the risk assessment, the information listed in point 2, the opinions received following the consultation according to point 3 and taking into account security of gas supply and the contribution to the internal gas market take a joint decision, which shall be one of the following: (a) to accept the proposal for reverse flow capacity; such decision shall contain a cost benefit analysis, a cross-border cost allocation, a timeline for implementation and the arrangements for its subsequent use; (b) to grant or prolong a temporary exemption for a period of maximum four years, if the cost-benefit analysis included in the decision shows that the reverse flow capacity would not enhance the security of supply of any Member State along the gas supply corridor or if the investment costs would significantly outweigh the prospective benefits for security of supply; (c) to require the transmission system operators to amend and resubmit their proposal or exemption request.deleted

Amendment 822 #

Proposal for a regulation
Annex III – point 4 a (new)

4a. Within 2 months of the expiry of the period referred to in paragraph 3, the authority concerned, on the basis of the criteria referred to in paragraph 2 and of the risk assessment carried out in accordance with Article 9, and taking utmost account of the opinions received in accordance with paragraph 3 of this Article, and taking into account aspects that are not strictly economic, such as security of gas supply and the contribution to the internal gas market, shall: (a) grant an exemption if reverse flow capacity would not significantly enhance the security of supply of any Member State or region or if the investment costs would significantly outweigh the prospective benefits for security of supply; or (b) accept the proposal for reverse flow capacity; or (c) require the transmission system operator to amend its proposal. The authority concerned shall notify its decision without delay to the Commission, together with all relevant information showing the reasons for the decision, including the opinions received in accordance with paragraph 3 of this Article. The authorities concerned shall endeavour to ensure that mutually dependent decisions which concern the same interconnection or interconnected pipelines do not contradict each other.

Amendment 823 #

Proposal for a regulation
Annex III – point 5

5. The competent authorities concerned shall submit the joint decision without delay to the competent authorities along the gas supply corridor, the Agency and the Commission including the opinions received following the consultation according to point 4.deleted

Amendment 824 #

Proposal for a regulation
Annex III – point 6

6. Within two months of receipt of the joint decision, the competent authorities of the Member States along the gas supply corridor may present their objections to the joint decision and submit them to the competent authorities that adopted it, the Agency and the Commission. The objections shall be limited to facts and assessment, in particular cross-border cost allocation that was not subject of consultation according to point 4.deleted

Amendment 825 #

Proposal for a regulation
Annex III – point 7

7. Within three months of receipt of the joint decision according to point 5, the Agency shall issue an opinion on all elements of the joint decision taking into account any possible objection and submit the opinion to all competent authorities along the gas supply corridor and to the Commission.deleted

Amendment 826 #

Proposal for a regulation
Annex III – point 8

~~8. Within four months of the receipt of the opinion issued by the Agency pursuant to point 7 the Commission may adopt a decision requesting modifications of the joint decision.~~deleted

Amendment 827 #

Proposal for a regulation
Annex III – point 9

9. If the competent authorities concerned were not able to adopt a joint decision within the deadline indicated in point 4, the competent authorities concerned shall inform the Agency and the Commission on the day of the expiry of the deadline. Within two months of receipt of this information, the Agency shall adopt an opinion with a proposal covering all elements of a joint decision listed in point 4 and submit this opinion to the competent authorities concerned and the Commission.deleted

Amendment 828 #

Proposal for a regulation
Annex III – point 10

10. Within ~~four~~2 months of receipt of the opinion issued by the Agency pursuant to point 9, the Commission shall adopt a decision covering all elements of a joint decision listed in point 4 taking into account that opinion. If the Commission requests additional information, the four at notification, and where there are discrepancies between the decision of the authority concerned and the opinions of other authorities concerned, the Commission may require that the authority concerned amend its decision. That period may be extended by 1 month where additional information is sought by the Commission. Any proposal by the Commission requiring amendment to the decision of the authority concerned shall be made on the basis of the elements and criteria set out in paragraph 2 and point (a) of paragraph 4, taking into account the reasons for the decision of the authority concerned. The authority concerned shall comply with the request by amending its decision within a period of 4 weeks. In the event that the Commission does not act within that 2-months period ~~starts running on the day of the receipt of the complete requested information. That period may be extended by additional~~, it shall be deemed not to have raised objections to the decision of the authority concerned. Where additional reverse flow capacity is needed according to the results of the risk assessment carried out in accordance with Article 9, the procedure set out in paragraphs 1 two ~~mon~~5 of this ~~with agreement of all competent~~Article shall be repeated upon the request of a transmission system operator, an authorit~~ies~~y concerned or the Commission.

Amendment 829 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex III – point 12

12. ~~Exemption from the obligation to enable bi-directional capacity granted under Regulation (EU) No 994/2010 shall remain valid until 1 December 2018 unless their duration expires before~~Where additional reverse flow capacity is needed according to the results of the risk assessment carried out in accordance with Article 6, the procedure set out in this Annex shall be repeated upon the request of a transmission system operator, an authority concerned or the Commission.

Amendment 830 #

Proposal for a regulation
Annex IV – introductory part

~~The following template shall be completed in English.~~deleted

Amendment 831 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex IV – indent 1

~~- Member States in the region~~deleted

Amendment 832 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex IV – point 1 – point 1.1

1.1. Please provide a brief description of the regional gas system, covering: (a) Main gas consumption figures25 : annual final gas consumption (bcm) and breakdown per type of consumers26 , peak demand (total and breakdown per category of consumer in mcm/d) (b) Describe the functioning of the gas system in the region: main flows (entry/exit/transit), entry/exit point's infrastructure capacity to and out of the region and per Member State, including utilisation rate, LNG facilities (maximal daily capacity, utilization rate and access regime), etc. Include, to the extent relevant for the Member States in the region, L-gas system (c) Breakdown of gas import sources per country of origin27 (d) Describe the role of storage facilities relevant for the region, including cross- border access: (1) Storage capacity (total and working gas) compared to heating season demand (2) Maximal daily withdrawal capacity at different filling levels (ideally with full storages and end-of-season levels) (e) Describe the role of domestic production in the region: (1) Value of production with regard to the annual final gas consumption (2) Maximal daily production capacity (f) Describe the role of gas in the electricity production (e.g. importance, role as a back-up for renewables), including gas-fired generating capacity (total (MWe) and as percentage of the total generating capacity) and cogeneration (total (MWe) and as percentage of the total generating capacity) __________________ 25For the first assessment, include data from the last two years. For updates, include data from the last 4 years. 26Including industrial consumers, electricity generation, district heating, residential and services and other (please specify the type of consumers included here). Indicate as well the volume of consumption of protected customers. 27deleted Describe the methodology applied.

Amendment 833 #

Theresa GRIFFIN, Eugen FREUND, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE, Jude KIRTON-DARLING, Zigmantas BALČYTIS

Proposal for a regulation
Annex IV – point 1 – point 1.1 – point a

(a) Main gas consumption figures25 : annual final gas consumption (bcm) and breakdown per type of consumers26 , peak demand (total and breakdown per category of consumer in mcm/d), including different scenarios of gas demand __________________ 25 For the first assessment, include data from the last two years. For updates, include data from the last 4 years. 26 Including industrial consumers, electricity generation, district heating, residential and services and other (please specify the type of consumers included here). Indicate as well the volume of consumption of protected customers.

Amendment 834 #

Proposal for a regulation
Annex IV – point 1 – point 1.1 – point f a (new)

(fa) Describe the role of additional energy efficiency measures and their effect on annual final gas consumption.

Amendment 835 #

Proposal for a regulation
Annex IV – point 1 – point 1.1 – point f a (new)

(fa) Describe the role of additional energy efficiency measures and their effect on annual final gas consumption

Amendment 836 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE

Proposal for a regulation
Annex IV – point 1 – point 1.1 – point f b (new)

(fb) Describe the contribution to security of supply of further penetration of biogas

Amendment 837 #

Proposal for a regulation
Annex IV – point 1 – point 1.2 – point g a (new)

(ga) Describe the role of additional energy efficiency measures and their effect on annual final gas consumption.

Amendment 838 #

Proposal for a regulation
Annex IV – point 1 – point 1.2 – point g a (new)

(ga) Describe the role of additional energy efficiency measures and their effect on annual final gas consumption

Amendment 839 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex IV – point 1 – point 1.2 – point g b (new)

(gb) Describe the contribution to security of supply of further penetration of biogas

Amendment 840 #

Proposal for a regulation
Annex IV – point 1 – point 1.2 a (new)

1.2a. Findings of the different risk analyse in which the Member State has been involved.

Amendment 841 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex IV – point 2 – point 2.1

2.1. Regional level N-1 formula (a) Identification of the single largest gas infrastructure of common interest for the region (b) Calculation of the N-1 formula at regional level (c) Description of the values used for all elements in the formula, including intermediate figures used for its calculation (e.g. for EPm indicate the capacity of all entry points considered under this parameter) (d) Indicate the methodologies and assumptions used, if any, for the calculation of parameters in the formula (e.g. Dmax) (use annexes for detailed explanations)deleted

Amendment 842 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex IV – point 2 – point 2.2 – title

2.2. National level ~~(to be described per Member State in the region)~~

Amendment 843 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex IV – point 2 – point 2.2 – point b – point 3

(3) Indicate interconnection points where an exemption has been granted in accordance with Article 4(4)~~, the duration of the exemption and the grounds on which it was granted~~

Amendment 844 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex IV – point 3 – indent 1

- Gas disruption from third countries because of different reasons, distinguishing source-based reasons from transit-based reasons

Amendment 845 #

Proposal for a regulation
Annex IV – point 3 – point 3.1

3.1. Regional level (a) Identify the relevant sources of risk for the region, including their likelihood and impact as well as the interaction and correlation of risks among Member States, as appropriate (b) Describe the criteria used to determine whether a system is exposed to high/unacceptable risks (c) Set a list of relevant risk scenarios in accordance with the sources of risks and describe how the selection was made (d) Indicate the extent to which scenarios prepared by ENTSO for Gas have been considerdeleted

Amendment 846 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex IV – point 3 – point 3.2 – title

3.2. National level ~~(to the extent relevant)~~

Amendment 847 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex IV – point 3 – point 3.2 a (new)

3.2a. Findings of joint risk analysis.

Amendment 848 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – introductory part

~~The following templates shall be completed in English.~~deleted

Amendment 849 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – indent 1

~~- Member States in the region~~deleted

Amendment 850 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – point 1 – point 1.1

1.1. Please provide a brief description of the regional gas system, covering: (a) Main gas consumption figures29 : annual final gas consumption (bcm) and breakdown per type of consumers30 , peak demand (total and breakdown per category of consumer in mcm/d) (b) Describe the functioning of the gas system in the region: main flows (entry/exit/transit), entry/exit point's infrastructure capacity to and out of the region and per Member State, including utilisation rate, LNG facilities (maximal daily capacity, utilization rate and access regime), etc. Include, to the extent relevant for the Member States in the region, L-gas system (c) Breakdown of gas import sources per country of origin31 (d) Describe the role of storage facilities relevant for the region, including cross- border access: (1) Storage capacity (total and working gas) compared to heating season demand (2) Maximal daily withdrawal capacity at different filling levels (ideally with full storages and end-of-season levels) (e) Describe the role of domestic production in the region: (1) Value of production with regard to the annual final gas consumption (2) Maximal daily production capacity (f) Describe the role of gas in the electricity production (e.g. importance, role as a back-up for renewables), including gas-fired generating capacity (total (MWe) and as percentage of the total generating capacity) and cogeneration (total (MWe) and as percentage of the total generating capacity) __________________ 29For the first plan, include data from the last two years. For updates, include data from the last 4 years. 30Including industrial consumers, electricity generation, district heating, residential and services and other (please specify the type of consumers included here). 31deleted Describe the methodology applied.

Amendment 851 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE

Proposal for a regulation
Annex V – point 1 – point 1.1 – point f a (new)

(fa) Describe the role of additional energy efficiency measures and their effect on annual final gas consumption

Amendment 852 #

Proposal for a regulation
Annex V – point 1 – point 1.1 – point f a (new)

(fa) Describe the role of additional energy efficiency measures and their effect on annual final gas consumption.

Amendment 853 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE

Proposal for a regulation
Annex V – point 1 – point 1.1 – point f b (new)

(fb) Describe the contribution to security of supply of further penetration of biogas

Amendment 854 #

Proposal for a regulation
Annex V – point 1 – point 1.2 – point g a (new)

(ga) Describe the role of additional energy efficiency measures and their effect on annual final gas consumption.

Amendment 855 #

Proposal for a regulation
Annex V – point 1 – point 1.2 – point g a (new)

(ga) Describe the role of additional energy efficiency measures and their effect on annual final gas consumption.

Amendment 856 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – point 1 – point 1.2 – point g b (new)

(gb) Describe the contribution to security of supply of further penetration of biogas

Amendment 857 #

Proposal for a regulation
Annex V – point 3 – point 3.1

3.1. Regional level N-1 formula (a) Identification of the single largest gas infrastructure of common interest for the region (b) Calculation of the N-1 formula at regional level (c) Description of the values used for all elements in the formula, including intermediate figures used for its calculation (e.g. for EPm indicate the capacity of all entry points considered under this parameter) (d) Indicate the methodologies and assumptions used, if any, for the calculation of parameters in the formula (e.g. Dmax) (use annexes for detailed explanations)deleted

Amendment 858 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – point 4 – introductory part

Please describe here~~, per Member State,~~ the measures adopted in order to comply with the supply standard as well as with any increased supply standard or additional obligation imposed for reasons of security of gas supply:

Amendment 859 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – point 4 – point d – point 5

~~(5) Describe, per measure: - the economic impact, effectiveness and efficiency of the measure - the impact of the measure on the environment - impact of the measures on consumer~~deleted

Amendment 860 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – point 4 – point d – point 6

(6) In case non-market based measures are applied (per measure): - Justify why the measure is necessary (i.e., why security of supply cannot be achieved via market-based measures only); - Justify why the measure is proportionate (i.e., why the non-market based measure is the least restrictive means to achieve the intended effect) - Provide an analysis of the impacts of such measure: (a) on other Member State's security of supply (b) on the national market (c) on the internal marketdeleted

Amendment 861 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – point 4 – point d – point 7

(7) In case of measures introduced after [OP: Please insert the date of the entry into force of this Regulation], please provide a link to the public impact assessment of the measure(s) carried out in accordance with Article 8(4)deleted

Amendment 862 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – point 4 – point e – point 2

(2) Justify why the measure is necessary (i.e., why the supply standard needs to be increased and, in case non- market based measures are applied, why security of supply cannot be achieved via market-based measures only)deleted

Amendment 863 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – point 4 – point e – point 3

(3) Justify why the measure is proportionate (i.e., why an increased supply standard or additional obligation is the least restrictive means to achieve the intended effect and, in case non-market based measures are applied, the non- market based measure is the least restrictive means to achieve the intended effect)deleted

Amendment 864 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE

Proposal for a regulation
Annex V – point 5 – introductory part

Please describe the preventive measures in place or to be adopted, including measures to reduce gas demand and favour the penetration of biogas and those regarding L-gas:

Amendment 865 #

Proposal for a regulation
Annex V – point 5 – introductory part

Please describe the preventive measures in place or to be adopted, including measures to reduce gas demand and those regarding L-gas:

Amendment 866 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – point 5 – point a – point 1

~~(1) their national or regional dimension~~deleted

Amendment 867 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Eugen FREUND, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE

Proposal for a regulation
Annex V – point 5 – point b

(b) Describe other measures, including energy efficiency measures, adopted for reasons other than the risk assessment but with a positive impact for the security of supply of the region/Member State

Amendment 868 #

Proposal for a regulation
Annex V – point 5 – point b

(b) Describe other measures, including energy efficiency measures, adopted for reasons other than the risk assessment but with a positive impact for the security of supply of the region/Member State

Amendment 869 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE

Proposal for a regulation
Annex V – point 5 – point b a (new)

(ba) Explain the extent to which efficiency measures, including on the demand side, have been considered to increase security of supply

Amendment 870 #

Proposal for a regulation
Annex V – point 5 – point b a (new)

(ba) Explain the extent to which energy efficiency measures have been considered to increase security of supply

Amendment 871 #

Theresa GRIFFIN, Jude KIRTON-DARLING, Zigmantas BALČYTIS, Soledad CABEZÓN RUIZ, José BLANCO LÓPEZ, Flavio ZANONATO, Carlos ZORRINHO, Miroslav POCHE

Proposal for a regulation
Annex V – point 5 – point b b (new)

(bb) Explain the extent to which renewable energy sources, including the development of biogas, have been considered to increase security of supply

Amendment 872 #

Proposal for a regulation
Annex V – point 5 – point b b (new)

(bb) Explain the extent to which renewable energy sources have been considered to increase security of supply

Amendment 873 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – point 5 –point c

(c) In case non-market based measures are applied (per measure): (1) Justify why the measure is necessary (i.e., why security of supply cannot be achieved via market-based measures only) (2) Justify why the measure is proportionate (i.e., why the non-market based measure is the least restrictive means to achieve the intended effect) (3) Provide an analysis of the impacts of such measure: - Justify why the measure is necessary (i.e., why security of supply cannot be achieved via market-based measures only) - Justify why the measure is proportionate (i.e., why the non-market based measure is the least restrictive means to achieve the intended effect) - Provide an analysis of the impacts of such measure: (a) on other Member State's security of supply (b) on the national market (c) on the internal marketdeleted

Amendment 874 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – point 9 – point a

(a) Describe the mechanisms used for the cooperation among the Member States ~~in the region~~, including for ~~preparing and implementing this preventive action plan and the emergency plan and~~ Article 12

Amendment 875 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – point 9 – point b

~~(b) Describe the mechanisms used for the cooperation with other Member States out of the region in the design and adoption of the provisions necessary for the application of Article 12~~deleted

Amendment 876 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – point 11

National specificities Indicate any national circumstances and measures relevant for security of supply and not covered in the previous sections of this plan, including for the supply of L- gas in case L- gas is not relevant at regional level.deleted

Amendment 877 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – template – indent 1

~~- Member States in the region~~deleted

Amendment 878 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – template– point 1 – point a

(a) ~~Per Member State, i~~Indicate the body responsible for the declaration of each crisis level and the procedures to follow in each case for such declarations.

Amendment 879 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – template – point 2 – title

2. Measures to be adopted per crisis level ~~33 __________________ 33~~Include regional and national measures

Amendment 880 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – template – point 6 – point a

(a) Describe the mechanisms in place to cooperate within the region and to ensure appropriate coordination for each crisis level. Describe, to the extent they exist and have not been covered in point 2, the decision-making procedures for appropriate reaction at regional level at each crisis leveldeleted

Amendment 881 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – template – point 6 – point b

(b) Describe the mechanisms in place to cooperate with other Member States ~~out of the region~~ and to coordinate actions for each crisis level

Amendment 882 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – template – point 7 – point a

(a) Describe the agreed arrangements among Member States ~~within the region~~ to ensure the application of the solidarity principle referred to in Article 12

Amendment 883 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex V – template – point 7 – point b

~~(b) Describe the agreed arrangements between Member States in the region and Member States belonging to other regions to ensure the application of the solidarity principle referred to in Article 12~~deleted

Amendment 884 #

Proposal for a regulation
Annex VI – point 1

1. Each notified preventive action plan and the emergency plan shall be subject to a peer review by a peer review team, either by selection of the European Commission or at the request of a concerned Member State along the gas supply corridor.

Amendment 885 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex VI – point 2

2. One peer review team per region shall be established. Each peer review team shall be composed of ~~maximum five~~ competent authorities and ENTSO for Gas, each represented by ~~one~~two persons, and, as an observer, the Commission. The Commission shall select the representatives of competent authorities and ENTSO for Gas in the peer review teams, taking into account geographical balance and including ~~at least on~~the competent authorityies from athe neighbouring Member States. The competent authorities may nominate a representative of their NRA. Members of the peer review team shall not belong to any competent authority or other bodies or associations having participated in the preparation of the plans subject to the peer review.

Amendment 886 #

Proposal for a regulation
Annex VI – point 2

2. ~~One p~~Peer review team ~~per region~~s shall be established. Each peer review team shall be composed of ~~maximum five~~ competent authorities and ENTSO for Gas, each represented by one person, and, as an observer, the Commission. The Commission shall select the representatives of competent authorities and ENTSO for Gas in the peer review teams, taking into account geographical balance ~~and including at least one~~. All competent authorityies from a neighbouring Member States have the possibility to be presented by one person in the peer review team. Members of the peer review team shall not belong to any competent authority or other bodies or associations having participated in the preparation of the plans subject to the peer review.

Amendment 887 #

Herbert REUL, Françoise GROSSETÊTE, Massimiliano SALINI

Proposal for a regulation
Annex VI – point 3

3. The Commission shall inform the peer review team of the notification of the plans. Within ~~two~~four months of the date of the information the respective peer review team shall prepare and submit a report to the Commission. Before the submission of the report the peer review team shall discuss the preventive action plan and the emergency plan~~, at least once,~~ in depth with the competent authorities that prepared the plans. The Commission shall publish the report.

Amendment 888 #

Proposal for a regulation
Annex VI – point 4

4. Taking into account the peer review report, the Gas Coordination Group shall discuss the preventive action plans and emergency plans with a view to ensure the coherence ~~among the different regions and~~in the Union as a whole.

source: 584.139

2016/06/23 REGI 141 amendments...

Amendment 100 #

Victor BOŞTINARU, Viorica DĂNCILĂ

Proposal for a regulation
Recital 25

(25) In the event of a supply crisis, market players should be given sufficient opportunity to respond to the situation with market-based measures. Where market measures have not been timely, or have been exhausted and they are still insufficient, Member States and their competent authorities should take measures to remove or mitigate the effects of the supply crisis.

Amendment 101 #

Proposal for a regulation
Recital 28

(28) DThought should be given to taking demand-side measures, such as fuel switching orand even reducing the gas supply to large industrial consumers in an economically efficient order, may have a valuable role to play in ensuring energy security, if they can be applied quickly and significantly reduce demand in response to a supply disruption. More should be done to promote efficient energy use, particularly where demand- side measures are needed. The environmental impact of any demand and supply-side measures proposed must be taken into account, with preference being given, as far as possible, to measures that have least impact on the environment. At the same time, security of supply and competitiveness aspects must be taken into accountin the event of a supply disruption. Member States have sole responsibility for establishing that order and determining their gas supply priorities.

Amendment 102 #

Daniel BUDA, Viorica DĂNCILĂ, Iuliu WINKLER

Proposal for a regulation
Recital 28

Amendment 103 #

Proposal for a regulation
Recital 28

(28) Demand-side measures, such as fuel switching or reducing the gas supply to large industrial consumers in an economically efficient order, may have a valuable role to play in ensuring energy security, if they can be applied quickly and significantly reduce demand in response to a supply disruption. More should be done to promote efficient energy use, particularly where demand-side measures are needed. Priority should be given to investments aimed at exploiting the sustainable energy potential at local level. The environmental impact of any demand and supply-side measures proposed must be taken into account, with preference being given, as far as possible, to measures that have least impact on the environment. At the same time, security of supply and competitiveness aspects must be taken into account.

Amendment 104 #

Proposal for a regulation
Recital 28

(28) Demand-side measures, such as fuel switching or reducing the gas supply to large industrial consumers in an economically efficient order, may have a valuable role to play in ensuring energy security, if they can be applied quickly and significantly reduce demand in response to a supply disruption. More should be done to promote efficient energy use, particularly where demand-side measures are needed. The environmental impact of any demand and supply-side measures proposed must be taken into account, with preference being given~~, as far as possible,~~ to measures that have least impact on the environment. At the same time, security of supply and competitiveness aspects must be taken into account.

Amendment 105 #

Proposal for a regulation
Recital 32

(32) The preventive action plans and emergency plans should be updated regularly and published. They should be subject to peer review. The peer review process allows for early identification of inconsistencies and measures that could endanger other Member States’ security of supply, thereby ensuring that plans from different regions are consistent with one another. It also enables Member States to share best practice. The plans should be coherent with the EU energy and climate targets on greenhouse gas emissions, energy efficiency and renewable energy. The plans should be regularly updated in order to ensure their coherence with those objectives.

Amendment 106 #

Proposal for a regulation
Recital 32

(32) The regional preventive action plans and emergency plans ~~should~~, correlated with those at national level, must be updated regularly and published. They should be subject to peer review. The peer review process allows for early identification of inconsistencies and measures that could endanger other Member States’ security of supply, thereby ensuring that plans from different regions are consistent with one another. It also enables Member States to share best practice.

Amendment 107 #

Viorica DĂNCILĂ, Daniel BUDA, Norica NICOLAI

Proposal for a regulation
Recital 36

Amendment 108 #

Proposal for a regulation
Recital 36

(36) As demonstrated by the October 2014 stress test, solidarity based on regional cooperation is needed to ensure security of supply across the Union and to keep overall costs to a minimum. This solidarity should/could be defined on three levels of action – bilateral or regional, interregional and European – and it should not be left to an individual regional group alone if a consistent and uniform approach at EU level is needed. If an emergency is declared in any Member State, a two-step approach should be applied to strengthen solidarity. Firstly, all Member States which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid. Secondly, if the first step fails to provide the necessary supply, further measures by neighbouring Member States, even if not in an emergency situation, should be triggered to ensure the supply to households, essential social services and district heating installations in the Member State experiencing the emergency. Member States should identify and describe the details of these solidarity measures in their emergency plans, ensuring fair and equitable compensation of the natural gas undertakings.

Amendment 109 #

Daniel BUDA, Viorica DĂNCILĂ, Iuliu WINKLER

Proposal for a regulation
Recital 36 a (new)

(36a) Solidarity mechanisms of this kind make it possible to respond swiftly to a partial or complete disruption of gas supplies. They are not, however, a sustainable means of addressing the difficulties caused by Member States’ heavy dependence on outside energy suppliers. The opportunities provided by alternative fossil fuels, such as coal gas, which does not require the use of hydraulic fracturing, should therefore be explored.

Amendment 110 #

Proposal for a regulation
Recital 41

(41) One of the Union goals is to strengthen the Energy Community that would ensure effective implementation of the Union energy acquis, energy market reforms and incentivising investments in the energy sector by closer integration of the Union and Energy Community energy markets. This entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the Energy Community Contracting Parties. To this end, forecasts should be drawn up of consumption at regional level and the available reserves, which would make it possible to strengthen the ability to respond in the event of a crisis. Furthermore, the Commission Communication on the short term resilience of the European gas system from October 2014 refers to the need to apply internal energy market rules on the flow of energy between the Union Member States and the Energy Community Contracting Parties. In this regard, in order to ensure an efficient crisis management on borders between the Union Member States and the Contracting Parties, the necessary arrangements following the adoption of a Joint Act should be set so that specific cooperation with any individual Energy Community Contracting Party can take place once the required mutual provisions have been duly put into place.

Amendment 111 #

Daniel BUDA, Viorica DĂNCILĂ, Iuliu WINKLER

Proposal for a regulation
Recital 41

(41) One of the Union goals is to strengthen ~~the~~a climate-friendly Energy Community that would ensure effective implementation of the Union energy acquis, energy market reforms and incentivising investments in the renewable energy sector, including investments on the energy demand-side in the form of energy efficiency improvements, by closer integration of the Union and Energy Community energy markets. This entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the Energy Community Contracting Parties. Furthermore, the Commission Communication on the short term resilience of the European gas system from October 2014 refers to the need to apply internal energy market rules on the flow of energy between the Union Member States and the Energy Community Contracting Parties. In this regard, in order to ensure an efficient crisis management on borders between the Union Member States and the Contracting Parties, the necessary arrangements following the adoption of a Joint Act should be set so that specific cooperation with any individual Energy Community Contracting Party can take place once the required mutual provisions have been duly put into place..

Amendment 112 #

Proposal for a regulation
Recital 43

(43) Where there is reliable information on a situation outside the Union that threatens the security of supply of one or several Member States and that may trigger an early warning mechanism involving the Union and a third country, the Commission should inform the Gas Coordination Group without delay and the Union should take appropriate action to try to defuse the situation. Where the situation allows and adequate infrastructure exists, the Commission and Member States could grant temporary aid to third countries in crisis.

Amendment 113 #

Proposal for a regulation
Article 1 – paragraph 1

This Regulation establishes provisions aimed at safeguarding the security of gas supply by ensuring the proper and continuous functioning of the internal market in natural gas (“gas”), by allowing for exceptional measures to be implemented when the market can no longer deliver the required gas supplies and by providing for a clear definition and attribution of responsibilities among natural gas undertakings, the Member States and the Union, in close cooperation with local and regional authorities, regarding both preventive action and the reaction to concrete disruptions of supply. This Regulation also provides transparent mechanisms, in a spirit of solidarity, for the coordination of planning for, and response to, an emergency at Member State, regional and Union levels. Whenever possible, sustainable measures will be preferred over the construction of new gas infrastructures.

Amendment 114 #

Proposal for a regulation
Article 1 – paragraph 1

This Regulation establishes provisions aimed at safeguarding the security of gas supply in the transition phase towards an ever increasing share of energy generated by renewable sources by ensuring the proper and continuous functioning of the internal market in natural gas (“gas”), by allowing for exceptional measures to be implemented when the market can no longer deliver the required gas supplies and by providing for a clear definition and attribution of responsibilities among natural gas undertakings, the Member States and the Union regarding both preventive action and the reaction to concrete disruptions of supply. This Regulation also provides transparent mechanisms, in a spirit of solidarity, for the coordination of planning for, and response to, an emergency at Member State, regional and Union levels.

Amendment 115 #

Proposal for a regulation
Article 2 – paragraph 2 – point 1 – introductory part

(1) ‘protected customer’ means a household customer connected to a gas distribution network and, in addition, ~~where the Member State concerned~~in the event that the competent authorities within each region so decides, may also mean one or more of the following:

Amendment 116 #

Proposal for a regulation
Article 2 – paragraph 2 – point 1 – point a

(a) a micro, small or medium-sized enterprise, provided that it is connected to a gas distribution network, or an essential social service, provided that it is connected to a gas distribution or transmission network, and provided that such enterprises or services do not represent jointly more than 20 % of the total annual final gas consumption in that Member State;

Amendment 117 #

Proposal for a regulation
Article 2 – paragraph 2 – point 2

(2) ‘essential social service’ ~~means a health~~for the purpose of this regulation means a healthcare, social care, social housing, education, child care, emergency or security service;

Amendment 118 #

Proposal for a regulation
Article 2 – paragraph 2 – point 2

(2) ‘essential social service’ means a healthcare, emergency or security service, or an education or public administration service’;

Amendment 119 #

Proposal for a regulation
Article 2 – paragraph 2 – point 2

(2) ‘essential social service’ means a healthcare, education, childcare, emergency or security service;

Amendment 120 #

Proposal for a regulation
Article 2 – paragraph 2 – point 2 a (new)

(2a) “Emergency Supply Corridors” is a concept which is complimentary to and reinforces the regional approach as referred to in Annex I, and which means EU gas supply routes identified to help Member States to better mitigate the effects of potential supply and/or infrastructure disruption.

Amendment 121 #

Proposal for a regulation
Article 2 – paragraph 2a (new)

Member States may, in close cooperation with local and regional authorities, further specify and in duly justified cases broaden or tighten these definitions.

Amendment 122 #

Proposal for a regulation
Article 3 – paragraph 1 a (new)

1a. The Commission shall actively support the diversification of supplies from third countries, in terms of both energy resources, gas suppliers and gas routes. For this purpose the Commission shall create conditions for improving energy infrastructure interconnections between Member States and for completion of the gas transmission routes defined by the priority corridors of Regulation (EU) No 347/20131a (TEN-E Regulation) _________________ 1a Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (OJ L 115, 25.4.2013, p. 39).

Amendment 123 #

Proposal for a regulation
Article 3 – paragraph 6

6. The measures to ensure the security of supply contained in the preventive action plans and in the emergency plans shall be clearly defined, transparent, proportionate, non-discriminatory ~~and verifiable~~, verifiable, sustainable and consistent with the Union’s climate and energy objectives, shall be demand-based on not exclusively supply-based, shall consider renewable energy sources and energy efficiency as priority solution to improve energy security, shall not unduly distort competition and the effective functioning of the internal market in gas and shall not endanger the security of gas supply of other Member States or of the Union as a whole.

Amendment 124 #

Proposal for a regulation
Article 3 – paragraph 6

6. Preventive action plans and emergency plans shall be based on national standards for security of gas supply. The measures to ensure the security of supply contained in the preventive action plans and in the emergency plans shall be clearly defined, transparent, proportionate, non-discriminatory and verifiable, shall not unduly distort competition and the effective functioning of the internal market in gas and shall not endanger the security of gas supply of other Member States or of the Union as a whole.

Amendment 125 #

Proposal for a regulation
Article 3 – paragraph 6

6. The measures to ensure the security of supply contained in the regional preventive action plans and in the emergency plans, correlated with those at national level, shall be clearly defined, transparent, proportionate, non- discriminatory and verifiable, shall not unduly distort competition and the effective functioning of the internal market in gas ~~and~~, shall not endanger the security of gas supply of other Member States or of the Union as a whole and shall not give rise to unfair costs for consumers.

Amendment 126 #

Proposal for a regulation
Article 3 – paragraph 6

6. The measures to ensure the security of supply contained in the preventive action plans and in the emergency plans shall be clearly defined, transparent, proportionate, non-discriminatory and verifiable, shall not unduly distort competition and the effective functioning of the internal market in gas and shall not endanger the security of gas supply of other Member States or, regions ofr the Union as a whole.

Amendment 127 #

Viorica DĂNCILĂ, Daniel BUDA, Victor BOŞTINARU, Norica NICOLAI

Proposal for a regulation
Article 3 – paragraph 7 – subparagraph 2

The list of the regions and their composition is set out in Annex I. The regions and their composition set out in that Annex shall be used solely for the purposes of this Regulation and shall not create an obstacle for Member States to establish other inter-regional and bilateral forms of cooperation.

Amendment 128 #

Proposal for a regulation
Article 4 – paragraph 7 a (new)

7a. The competent authorities shall study the possibility of using the opportunities offered by the CEF ‘Energy’ and ESI funds in general to develop energy infrastructure in the regions and adequate interconnections for those regions.

Amendment 129 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

Amendment 130 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

No later than 31 March 2017 ~~Member States~~the competent authorities within each region shall notify the Commission their definition of protected c~~ustomers, the annual~~onsumers in that region, the annual and daily peak gas consumption volumes of the protected customers and the percentage they represent of the total annual final gas consumption in ~~that~~respective Member States as well as how it could influence cross-border flows in the region. Where a Member State includes in its definition of protected customers the categories referred to in point (a) or (b) of Article 2 (1) it shall specify in the notification to the Commission the gas consumption volumes corresponding to consumers belonging to those categories and the percentage that each of those groups of consumers represents in terms of the annual final use of gas.

Amendment 131 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 4

Member States may comply with the obligation laid down in the first subparagraph by replacing the gas with different source of energy, in particular from renewable sources, to the extent that the same level of protection is achieved.

Amendment 132 #

Proposal for a regulation
Article 5 – paragraph 2 – point b

Amendment 133 #

Proposal for a regulation
Article 5 – paragraph 6

Amendment 134 #

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. The competent authorities of each region as listed in Annex I shall, on the basis of an assessment of the risks for individual Member States in each region, jointly make an assessment at regional level of all risks affecting the security of gas supply. The assessment shall take into account all relevant risks such as natural disasters, technological, commercial, social, political and other risks. The risk assessment shall be carried out by:

Amendment 135 #

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1

Amendment 136 #

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1

The competent authorities within each region shall agree on a cooperation mechanism to conduct the risk assessment within the deadline provided for in paragraph 5 of this Article. Competent authorities shall report to the Gas Coordination Group on the agreed cooperation mechanism for conducting the risk assessment 18 months before the deadline for the adoption of the risk assessment and the updates of the risk assessment. The Commission may have a facilitating role overall in the preparation of the risk assessment, in particular for the establishment of the cooperation mechanism at bilateral, interregional and cross-border level and through cooperation with third countries. If competent authorities within a region do not agree on a cooperation mechanism, the Commission may propose a cooperation mechanism for that region.

Amendment 137 #

Andor DELI

Proposal for a regulation
Article 6 – paragraph 4

4. Natural gas undertakings, industrial gas customers, the relevant organisations representing the interests of household, protected and industrial gas customers as well as Member States and the national regulatory authority, where it is not the competent authority, shall cooperate with the competent authorities and provide it upon request with all necessary information for the risk assessment.

Amendment 138 #

Proposal for a regulation
Article 6 – paragraph 5

5. The risk assessment once agreed by all Member States in the region shall be notified to the Commission for the first time no later than on 1 September 2018. The risk assessment shall be updated every four years unless circumstances warrant more frequent updates. The risk assessment shall take account of progress made in investments needed to cope with the infrastructure standard defined in Article 4 and of country-specific difficulties encountered in the implementation of new alternative solutions. It shall also build on the experience acquired through the simulation of the emergency plans contained in Article 9 (2).If the competent authorities within a region do not agree on the risk assessment, the Commission shall present a risk assessment for that region in cooperation with the competent authorities.

Amendment 139 #

Martina MICHELS

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. The competent authorities of the Member States of each region as listed in Annex I, after consulting the natural gas and electricity undertakings, the relevant organisations representing the interests of household and industrial gas customers, including electricity producers, the national environmental agencies, and the national regulatory authorities, where they are not the competent authorities, shall establish jointly:

Amendment 140 #

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. The competent authorities of the Member States of each region as listed in Annex I, after consulting the natural gas undertakings, the relevant organisations representing the interests of household and industrial gas customers, including electricity producers, and the national regulatory authorities, where they are not the competent authorities, shall establish jointly a coherent framework at EU level:

Amendment 141 #

Andor DELI

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. The competent authorities of the Member States of each region as listed in Annex I, after consulting the natural gas undertakings, the relevant organisations representing the interests of household, protected and industrial gas customers, including electricity producers, and the national regulatory authorities, where they are not the competent authorities, shall establish jointly:

Amendment 142 #

Viorica DĂNCILĂ, Victor BOŞTINARU, Norica NICOLAI

Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)

(ba) a mechanism, where possible, to stabilise prices in an emergency situation similar to the CBCA (Cross Border Cost Allocation) mechanism.

Amendment 143 #

Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)

(ba) arrangements for sharing costs between Member States where a customer in one Member State is adversely affected by a disruption in gas consumption and is forced to move to other fuels (from gas to oil in the case of power plants), owing to protected supplies to customers in the other Member State.

Amendment 144 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The competent authorities within each region shall agree on a cooperation mechanism, bearing in mind the principle of European territorial cooperation, sufficiently in time to establish the plans and allow for their notification and for the notification of the updated plans.

Amendment 145 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3

Competent authorities shall regularly report to the Gas Coordination Group on the progress achieved on the preparation and adoption of the preventive action plans and the emergency plans. In particular competent authorities shall report to the Gas Coordination Group on the agreed cooperation mechanism 18 months before the deadline for the adoption of the plans and the updates of the plans. The Commission may have a facilitating role overall in the preparation of the plans, in particular for the establishment of the cooperation mechanism. If competent authorities within a region do not agree on a cooperation mechanism, the Commission may propose a cooperation mechanism for that region. They shall ensure the regular monitoring of the implementation of such plans.

Amendment 146 #

Proposal for a regulation
Article 7 – paragraph 3

Amendment 147 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 a (new)

At the request of a competent authority, specific parts of the preventive action plan and the emergency plan may be excluded from publication. In that case, the competent authority concerned shall provide the Commission with a comprehensive summary of the plans to make them publicly available. The comprehensive summary shall contain at least all main elements of the plans in accordance with Annex V, in order to provide market players with sufficient information to comply with the requirements of this Regulation. The complete versions of the plans shall be available to competent authorities of other regions, the Commission and the Agency for Cooperation of Energy Regulators (ACER).

Amendment 148 #

Proposal for a regulation
Article 7 – paragraph 5

5. Within four months of the notification by the competent authorities, the Commission shall assess those plans duly taking into account the peer review and the views expressed in the Gas Coordination Group. Annex VI shall apply for the procedure to carry out peer reviews. The Commission shall issue an opinion to the competent authorities of the region with the recommendation to review the relevant preventive action plan or emergency plan if the plan is considered to contain one of the following elements: (a) as identified in the risk assessment; (b) scenarios assessed or with the plans of another region; (c) the functioning of the internal energy market; (d) provisions of this Regulation or other provisions of Union law; (e) supply of other Member States or of the Union as a whole.deleted is not effective to mitigate the risks is inconsistent with the risk may distort competition or hamper does not comply with the endangers the security of gas

Amendment 149 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point e a (new)

(ea) is contradictory to the Union’s energy and climate objectives and strategies for 2020, 2030 and beyond taking into account the COP21 Paris Agreement on climate change.

Amendment 150 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point e a (new)

(ea) is not in line with the EU climate and energy targets.

Amendment 151 #

Proposal for a regulation
Article 7 – paragraph 6

6. Within three months of notification of the Commission’s opinion referred to in paragraph 4, the competent authorities concerned shall notify the amended plan to the Commission, or shall inform the Commission of the reasons for which they do not agree with the recommendations. In the event of disagreement, the Commission may, within three months of the reply of the competent authorities, take a decision requiring the amendment of the relevant plan. The competent authorities shall adopt and publish the plan within three months of the notification of Commission decision.deleted

Amendment 152 #

Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)

(da) information on demand-side investments to reduce energy demand through energy efficiency measures and on increasing the share of energy generated by renewable sources;

Amendment 153 #

Proposal for a regulation
Article 8 – paragraph 1 – point h

(h) description of the impact of the measures on the environment, on climate and on consumers;

Amendment 154 #

Proposal for a regulation
Article 8 – paragraph 3

3. The preventive action plan shall be based primarily on market measures and shall not put an undue burden on natural gas undertakings~~, or negatively impact on the functioning of the internal market in gas~~.

Amendment 155 #

Proposal for a regulation
Article 8 – paragraph 5

Amendment 156 #

Proposal for a regulation
Article 8 – paragraph 6

6. The preventive action plan shall be updated every ~~four~~two years after 1 March 2019, unless circumstances warrant more frequent updates or at the Commission’s request. The updated plan shall reflect the updated risk assessment and the results of the tests carried out in accordance with Article 9 (2). Article 7(3) to (7) shall apply to the updated plan.

Amendment 157 #

Proposal for a regulation
Article 9 – paragraph 1 – point j a (new)

(ja) set out the procedures to be applied in the event of a failure of the gas supply in several Member States at the same time, and the procedures in the event of a reduction in the stockpiles in a Member State caused by their use as compensation under the solidarity principle;

Amendment 158 #

Andor DELI

Proposal for a regulation
Article 10 – paragraph 2

2. When the competent authority declares any of the crisis levels referred to in paragraph 1, it shall immediately inform the Commission and the competent authorities in the region and provide ithem with all the necessary information, in particular with information on the action it intends to take. In the event of an emergency which may result in a call for assistance from the Union and its Member States, the competent authority of the Member State concerned shall without delay notify the Commission’s Emergency Response Coordination Centre.

Amendment 159 #

Proposal for a regulation
Article 10 – paragraph 5

5. The Commission shall verify, as soon as possible, but in any case within five days of receiving the information of the competent authority referred to in paragraph 2, whether the declaration of an emergency is justified in accordance with point (c) of paragraph 1 and whether the measures taken follow as closely as possible the actions listed in the emergency plan and are not imposing an undue burden on natural gas undertakings and are in accordance with paragraph 4. The Commission may, at the request of a competent authority, natural gas undertakings or on its own initiative, request the competent authority to modify the measures where they are contrary to the conditions referred to in the first sentence of this paragraph. The Commission may also request the competent authority to lift the declaration of emergency where it considers that such declaration is not or no longer justified according to point (c) of paragraph 1. Within three days of the notification of the Commission request, the competent authority shall modify the measures and notify the Commission thereof, or shall inform the Commission of the reasons for which it does not agree with the request. In that case, the Commission may within three days amend or withdraw its request or, in order to consider the issue, convene the competent authority or, where appropriate, the competent authorities concerned, and, where the Commission deems it necessary, the Gas Coordination Group. The Commission shall set out its detailed reasoning for requesting any changes to the action. The competent authority shall take full account of the position of the Commission. Where the final decision of the competent authority diverges from the Commission position, the competent authority shall provide the reasoning underlying such decision.deleted

Amendment 160 #

Proposal for a regulation
Article 10 – paragraph 5 a (new)

5a. Where there is concrete, serious and reliable information that an event may occur which is likely to result in a significant deterioration of the supply situation (early warning) in a third country, the Commission shall pursue external action in line with the set of priorities outlined by the Council Conclusions on Energy Diplomacy of 20 July 2015 in cooperation with the third countries by, inter alia, engaging in consultations, providing mediation services and deploying task forces, where necessary.

Amendment 161 #

Proposal for a regulation
Article 10 a (new)

Article 10 a Emergency Supply Corridors By 1 November 2017, ENTSO for Gas shall perform the tasks set out in this paragraph. 1. It shall carry out a Union-wide simulation of supply and infrastructure disruption scenarios. The scenarios shall be defined by ENTSO for Gas in consultation with the Gas Coordination Group. The competent authorities shall provide ENTSO for Gas with the necessary data for the simulations such as daily peak demand values, domestic production capacity and demand side measures. It shall identify and asses Emergency Supply Corridors, complementary to the regional approach as referred to in Annex I, along which gas can flow between regions in order to prevent fragmentation of the internal gas market. The results of that assessment and the proposal of the Emergency Supply Corridors shall be discussed in the Gas Coordination Group. That Union-wide simulation and those Emergency Supply Corridors shall be updated every three years, unless circumstances warrant more frequent updates. 2. In the event of an emergency declared by one or more competent authorities, the Member States on the Emergency Supply Corridors shall ensure that all essential information is provided as regards the gas supply, in particular, available gas quantities, possible modalities and sources for gas channelling to the Member States having declared the emergency. Member States on the Emergency Supply Corridor shall ensure that no measures prevent the supply of gas to the Member States that have declared the emergency. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 to establish the Emergency Supply Corridors.

Amendment 162 #

Proposal for a regulation
Article 11 – paragraph 5 – point a

~~(a) no measures are introduced which unduly restrict the flow of gas within the internal market at any time, notably the flow of gas to the affected markets;~~deleted

Amendment 163 #

Proposal for a regulation
Article 11 – paragraph 6

6. Where, at the request of a competent authority or a natural gas undertaking or on its own initiative, the Commission considers that, in a regional or Union emergency, an action taken by a Member State or a competent authority or the behaviour of a natural gas undertaking is contrary to paragraph 5, the Commission shall request that Member State or competent authority to change its action or to take action in order to ensure compliance with paragraph 5, informing it of the reasons therefor. Due account shall be taken of the need to operate the gas system safely at all times. Within three days of notification of the Commission request, the Member State or the competent authority shall change its action and notify the Commission or shall set out to the Commission the reasons for which it does not agree with the request. In that case, the Commission may within three days amend or withdraw its request or convene the Member State or the competent authority and, where the Commission deems it necessary, the Gas Coordination Group in order to consider the issue. The Commission shall set out its detailed reasoning for requesting any changes to the action. The Member State or the competent authority shall take full account of the position of the Commission. Where the final decision of the competent authority or the Member State diverges from the Commission position, the competent authority or the Member State shall provide the reasoning underlying such decision.deleted

Amendment 164 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

As long as the supply to households, essential social services and district heating installations in the Member State having declared the emergency is not satisfied, despite the application of the measure in paragraph 1, the gas supply to customers other than households, essential social services and district heating installations in any other Member State, directly connected to the Member State which declared the emergency, shall not continue to the extent necessary to supply the households, essential social services and district heating installations in the Member States having declared the emergency.deleted

Amendment 165 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2

Amendment 166 #

Proposal for a regulation
Article 12 – paragraph 2 a (new)

2a. If the Member States concerned are unable to agree on the circumstances warranting the resumption of supply to customers other than households, essential social services and district heating installations, the Commission shall, after consulting the Gas Coordination Group, and in accordance with Article 10(1), present the assessment of the supply standard in the Member States which declared the emergency crisis level.

Amendment 167 #

Proposal for a regulation
Article 12 – paragraph 4

4. The technical, legal and financial arrangements for the application of paragraph 3 shall be agreed among the Member States which are directly connected to each other and described in the emergency plans of their respective regions. ~~Such arrangements may~~For each of the regional groupings, the Commission shall prepare a minimum framework for the proposed mechanisms, which will cover, among others, gas prices to be applied, use of interconnectors, including bi-directional capacity, gas volumes and the coverage of compensation costs. Market-based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3. In case the technical, legal and financial arrangements necessary to apply paragraph 3 are amended, the relevant emergency plan shall be updated accordingly.

Amendment 168 #

Proposal for a regulation
Article 12 – paragraph 6

~~6. If the Member States do not agree on the necessary technical, legal and financial arrangements, the Commission may propose a framework for such measures in its opinion and decision on the plans.~~deleted

Amendment 169 #

Tomasz Piotr PORĘBA

Proposal for a regulation
Article 13 – paragraph 6 – point b

(b) to the competent authority and to the Commission immediately after their conclusion or modification the gas supply contracts with the same supplier from a third country or from its affiliates, with a duration of more than 1 year concluded or modified after [OP: Please insert the date of entry in force of this Regulation] that individually or cumulatively with ~~other contracts with the same supplier or its affiliates provide more than 40% of yearly natural gas consumption in~~contracts of other natural gas undertakings on the same market with the same supplier or its affiliates exceed the threshold of 8 billion cubic metres or provide more than 40% of total annual gas imports from third countries to the Member State concerned. The notification obligation shall not apply to the modifications related only to the gas price. The notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract.

Amendment 170 #

Proposal for a regulation
Article 13 – paragraph 6 – point b

(b) to the competent authority and to the Commission immediately after their conclusion or modification the gas supply contracts with the same supplier from a third country or from its affiliates, with a duration of more than 1 year concluded or modified after [OP: Please insert the date of entry in force of this Regulation] that individually or cumulatively with ~~other contracts with the same supplier or its affiliates provide more than 40% of yearly natural gas consumption in~~contracts of other natural gas undertakings on the same market with the same supplier or its affiliates exceed the threshold of 8 billion cubic meters or provide more than 40% of total annual gas imports from third countries to the Member State concerned. The notification obligation shall not apply to the ~~modifications related only to the~~ gas price. The notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract. To that end, the national regulatory authorities shall monitor on a yearly basis the market supply structure and inform the relevant natural gas undertakings once the 40% threshold is exceeded. This information shall be communicated no later than the 1st June each year for the year proceeding the year for which the threshold was calculated.

Amendment 171 #

Tomasz Piotr PORĘBA

Proposal for a regulation
Article 13 – paragraph 8 a (new)

8a. In case of identification of any provisions contradictory to EU law while assessing the gas supply contracts provided in accordance with point b of paragraph 6 and paragraph 7, the Commission shall inform the entity and respective Competent Authority and request changes therein by eliminating the provisions contrary to EU law. The entity or the Competent Authority may invite the Commission to participate in the talks aimed at eliminating the incompatibilities with EU law.

Amendment 172 #

Proposal for a regulation
Article 13 – paragraph 9 a (new)

9a. The Commission shall take into account the information received under this article in the preparation of a list of good practices as well as abusive clauses for reference of competent authorities and national undertakings.

Amendment 173 #

Proposal for a regulation
Article 14 – paragraph 1

1. A Gas Coordination Group is established to facilitate the coordination of measures concerning security of gas supply. The Group shall be composed of representatives of the Member States, in particular of their competent authorities, as well as the Agency for the Cooperation of Energy Regulators (the “Agency”), the ENTSO for Gas and representative bodies of the industry concerned and those of relevant customers. ~~The Commission shall, in consultation with the Member States, decide on the composition of the Group, ensuring it is fully representative. The Commission shall chair the Group.~~ The Group shall adopt its rules of procedure.

Amendment 174 #

Proposal for a regulation
Article 14 – paragraph 1

1. A Gas Coordination Group is established to facilitate the coordination of measures concerning security of gas supply. The Group shall be composed of representatives of the Member States, in particular of their competent authorities, local and regional authorities, as well as the Agency for the Cooperation of Energy Regulators (the “Agency”), the ENTSO for Gas and representative bodies of the industry concerned and those of relevant customers. The Commission shall, in consultation with the Member States, decide on the composition of the Group, ensuring it is fully representative. The Commission shall chair the Group. The Group shall adopt its rules of procedure.

Amendment 175 #

Proposal for a regulation
Article 15 – paragraph 1 – introductory part

Amendment 176 #

Proposal for a regulation
Article 15 – paragraph 1 a (new)

1a. In the event of the application of the solidarity principle referred to in Article 12, the Energy Community Contracting Parties shall provide the authorities of neighbouring Member States with sufficient information in accordance with Article 13.

Amendment 36 #

Proposal for a regulation
Citation 5 a (new)

– having regards to the UNFCCC 2015 Paris Agreement.

Amendment 37 #

Proposal for a regulation
Recital 1

(1) Natural gas (gas) ~~remains an essential component of the energy supply of the Union. A~~can continue to play an important role in the Union energy system, but it is necessary to take into account the continuing trend towards reduction of demand for gas, especially in industrial production and as a source of heat in buildings, while the Union proceeds towards its ambitious targets on greenhouse gas emissions, energy efficiency and renewables and makes the transition to a low-carbon economy. Nevertheless, a large proportion of ~~such~~ gas is imported into the Union from third countries.

Amendment 38 #

Stanislav POLČÁK

Proposal for a regulation
Recital 1

(1) Natural gas (gas) remains an essential component of the energy supply of the Union. A large proportion of such gas is imported into the Union from third countries. The current form of the political relations with some of those countries, however, provides no guarantee for the reliability and continuity of supplies nor for the energy security of the EU and its Member States.

Amendment 39 #

Proposal for a regulation
Recital 1

(1) Natural gas (gas) remains an essential component of the energy supply of the Union in the transition phase towards an ever increasing share of energy generated by renewable sources. A large proportion of such gas is imported into the Union from third countries.

Amendment 40 #

Proposal for a regulation
Recital 1

(1) Natural gas (gas) remains an essential component of the energy supply of the Union’s Member States. A large proportion of such gas is imported into the Union’s Member States from third countries.

Amendment 41 #

Proposal for a regulation
Recital 1 a (new)

(1a) The European Union is committed to reduce greenhouse gas emissions to 80- 95% below 1990 levels by 2050 and to holding the increase in the global average temperature to well below 2 ºC above preindustrial levels and pursuing efforts to limit the temperature increase to 1,5 ºC. To reach these objectives, 80% of the world’s known fossil fuels reserves need to stay in the ground. Therefore these objectives will require to organise an important phase-out of oil, coal and gas during the next 35 years.

Amendment 42 #

Proposal for a regulation
Recital 1 a (new)

(1a) The European gas demand has declined by 14% since 2000 and by 23% since 2010. Higher targets and additional efforts on energy efficiency - in line with the ‘energy efficiency first’ principle - will reduce Europe’s reliance on gas imports, increase Europe’s energy security and achieve Europe’s climate objectives. Hence, energy efficiency measures should be prioritised and be given primary consideration in security of gas supply plans.

Amendment 43 #

Proposal for a regulation
Recital 1 b (new)

(1b) Gas highly contributes to climate change due to the significant amount of methane leaked all along its lifecycle. Therefore, it does not represent a low- carbon energy source.

Amendment 44 #

Proposal for a regulation
Recital 1 c (new)

(1c) Access to affordable energy is a basic social right and energy poverty must be tackled.

Amendment 45 #

Proposal for a regulation
Recital 1 d (new)

(1d) As gas accounts for almost 50% of the EU´s primary energy consumption for heating and cooling, of which 80% is used in buildings, Member States should primarily focus on energy efficiency measures, particularly in buildings, in order to reduce gas demand and thus EU dependence on foreign suppliers.

Amendment 46 #

Proposal for a regulation
Recital 2

Amendment 47 #

Victor BOŞTINARU

Proposal for a regulation
Recital 2

(2) A major disruption of the gas supply can affect all Member States, the Union as a whole and Contracting Parties to the Treaty establishing the Energy Community, signed in Athens on 25 October 2005. It can also severely damage the Union economy and security and can have a major social impact, particularly on vulnerable groups of customers. It is therefore fundamental to diversify energy sources, suppliers and routes to prevent such situations in the first place, and to minimize the effects of unavoidable disruptions.

Amendment 48 #

Proposal for a regulation
Recital 2

(2) A major disruption of the gas supply can affect all Member States, the Union as a whole and Contracting Parties to the Treaty establishing the Energy Community, signed in Athens on 25 October 2005. It can also severely damage the Union economy and can have a major social impact, particularly on vulnerable groups of customers, in particular in countries dependent on a single gas supplier.

Amendment 49 #

Proposal for a regulation
Recital 2

(2) A major disruption of the gas supply can affect all Member States, the Union as a whole and Contracting Parties to the Treaty establishing the Energy Community, signed in Athens on 25 October 2005. It can also severely damage the Union economy and can have a major social impact, particularly on vulnerable groups of customers, such as installations with a continuous operating flow.

Amendment 50 #

Proposal for a regulation
Recital 3

(3) This Regulation aims to ensure that all the necessary measures are taken to safeguard an uninterrupted supply of gas throughout the Union, in particular to protected customers in the event of difficult climatic conditions or disruptions of the gas supply. These objectives should be achieved through the most cost-effective measures and in such a way that energy markets are not distorted, taking into account solid demand projections the introduction of which was recommended by the Court of Auditors in its Special Report No 16/2015 entitled “Improving the security of energy supply by developing the internal energy market: more efforts needed”.

Amendment 51 #

Proposal for a regulation
Recital 3

(3) This Regulation aims to ensure that all the necessary measures are taken to safeguard an uninterrupted supply of gas throughout the Union, in particular to protected customers in the event of difficult climatic conditions or disruptions of the gas supply. These objectives should be achieved through the most cost-effective measures and in such a way that energy markets are not distorted. Account should also be taken in the broader context of the security of gas supply, which should also be achieved through better diversification of supplies from third countries and the use of alternative energy sources.

Amendment 52 #

Proposal for a regulation
Recital 3

(3) This Regulation aims to ensure that all the necessary non-discriminatory measures are taken to safeguard an uninterrupted supply of gas throughout the Union, in particular to protected customers in the event of difficult climatic conditions or disruptions of the gas supply. These objectives should be achieved through the most cost-effective intra- and interregional measures ~~and~~, in such a way that energy markets are not distorted. and the minimum damage level in the case of installations with a continuous operating flow is not affected.

Amendment 53 #

Proposal for a regulation
Recital 3

(3) This Regulation aims to ensure that all the necessary measures are taken to safeguard an uninterrupted supply of gas throughout the Union, in particular to protected customers in the event of difficult climatic conditions or disruptions of the gas supply. These objectives should be achieved through the most cost-effective measures and in such a way that energy markets are not distorted. It complements Union action including financial support aimed at increasing energy efficiency.

Amendment 54 #

Proposal for a regulation
Recital 4

(4) Regulation (EU) No 994/2010 of the European Parliament and of the Council of 20 October 2010 concerning measures to safeguard security of gas supply has ~~already had a significant positive impact on the Union situation as regards the security of the gas supply, both in terms of preparation and mitigation.~~ensured that Member States are better prepared ~~to face a~~for a possible break in supply cr. This is ~~now that they~~because the Member States are required to draw up plans including preventive and emergency measures, and they are better protected now that they have to meet a number of obligations regarding infrastructure capacity and gas supply. However, the implementation report of Regulation (EU) No 994/2010 of October 2014 highlighted areas in which improvements to that Regulation could further bolster the Union supply security. However, implementation of that regulation has considerably reduced national authorities’ room for manoeuvre in what is a strategic area while yielding only very limited benefits, as the Member States are no better protected against this type of risk than they were before.

Amendment 55 #

Proposal for a regulation
Recital 4

(4) ~~Regulation (EU) No 994/2010 of the European Parliament and of the Council of 20 October 2010 concerning measures to safeguard security of gas supply~~Existing Union law, in particular the relevant elements of the Third Energy Package and Regulation (EU) No 994/2010 of the European Parliament and of the Council has already had a significant positive impact on the Union situation as regards the security of the gas supply, both in terms of preparation and mitigation. Member States are better prepared to face a supply crisis now that they are required to draw up plans including preventive and emergency measures, and they are better protected now that they have to meet a number of obligations regarding infrastructure capacity and gas supply. However, the implementation report of Regulation (EU) No 994/2010 of October 2014 highlighted areas in which improvements to that Regulation could further bolster the Union supply security.

Amendment 56 #

Proposal for a regulation
Recital 5

(5) The Commission’s Communication on the short-term resilience of the European gas system from October 201413 analysed the effects of a partial or complete disruption of gas supplies from Russia and concluded that purely national approacheAlthough a purely national approach would not allow an appropriate response to a partial or complete disruption of gas supplies from one of the Union’s main suppliers, full integration of the European gas mare not very effective in the event of severe disruption, given their scope, which is by definition limited. This stress test showed how a more cooperative approach among Member States could significantly reduce the impact of very seket would not mitigate the effects of a major disruption in the most vulnerable Member States. A more cooperative approach that respects the sovereignty of each Member State is the only way of ensuring that there is an effective re ~~disruption scenarios in the most vulnerable Member States. __________________ 13 COM(2014) 654 final~~sponse to a crisis of this kind.

Amendment 57 #

Proposal for a regulation
Recital 5 a (new)

(5a) Diversification of Member States’ sources of supply is essential if we are to reduce Member States’ dependence on their energy suppliers. However, this Regulation must not be instrumental in marginalising Russia in trade relations with the Union.

Amendment 58 #

Urmas PAET

Proposal for a regulation
Recital 5 a (new)

(5a) In order to safeguard the European Union’s energy supply, it is necessary to diversify energy sources and build new energy interconnections between Member States; at the same time, it is essential to increase energy-security cooperation with the European Union’s neighbouring countries, with strategic partners and also among the European institutions.

Amendment 59 #

Proposal for a regulation
Recital 6

(6) The Commission Communication ‘Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy’14 from February 2015, highlights the fact that the Energy Union rests on solidarity and trust, which are necessary features of energy security. This regulation should aim to boost solidarity and trust between the Member States and should put in place the measures needed to achieve these aims, thus paving the way for implementing the Energy Union. __________________ 14 Communication from the Commission to the European Parliament and the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank, COM(2015) 80 final.deleted

Amendment 60 #

Victor BOŞTINARU, Viorica DĂNCILĂ

Proposal for a regulation
Recital 6

(6) The Commission Communication ‘Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy’14 from February 2015, highlights the fact that the Energy Union rests on solidarity and trust, which are necessary features of energy security. This rRegulation should aim to boost cooperation, solidarity, and trust between the Member States and should put in place the measures needed to achieve these aims, thus paving the way for rapidly establishing and implementing the Energy Union. __________________ 14 Communication from the Commission to the European Parliament and the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank, COM(2015) 80 final.

Amendment 61 #

Proposal for a regulation
Recital 6

(6) The Commission Communication ‘Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy’14 from February 2015, highlights the fact that the Energy Union rests on solidarity and trust, which are necessary features of energy security. This regulation should aim to boost solidarity ~~and trust~~, trust and interconnections between the Member States and should put in place the measures needed to achieve these aims, thus paving the way for implementing the Energy Union. __________________ 14 Communication from the Commission to the European Parliament and the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank, COM(2015) 80 final.

Amendment 62 #

Proposal for a regulation
Recital 7

(7) ~~An internal gas market that operates smoothly is the best guarantee of security of energy~~The Union’s Member States’ reaction to a supply across the Union and to reduce the exposure of individual Member States to the harmful effects of supply disruptions. Where a Member State’s security of supply is threatened, there is a risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other Member States. To allow the internal gas market to function even in the face of a shortage of supply, provision must be made for solidarity and coordination in the response to supply crises, as regards both preventive action and the reaction to actualisis needs to be coordinated as regards both preventive action and the reaction to actual disruptions of supply. However, it would be extremely inappropriate to forbid a Member State to take unilateral action to protect itself against disruptions of its gas supplyies.

Amendment 63 #

Proposal for a regulation
Recital 7

(7) An internal gas market ~~that operates smoothly~~supervised by public regulatory authorities is the best guarantee of security of energy supply across the Union and to reduce the exposure of individual Member States to the harmful effects of supply disruptions. Where a Member State’s security of supply is threatened, there is a risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other Member States. To allow the ~~internal gas market to function even in the face of~~Members States to cope with a shortage of supply, provision must be made for solidarity and coordination in the response to supply crises, as regards both preventive action and the reaction to actual disruptions of supply.

Amendment 64 #

Proposal for a regulation
Recital 7

(7) An internal gas market that operates smoothly is the best guarantee of security of energy supply across the Union and to reduce the exposure of individual Member States to the harmful effects of supply disruptions. Where a Member State’s security of supply is threatened, there is a risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other Member States. To allow the internal gas market to function even in the face of a shortage of supply, provision must be made for solidarity and coordination in the response to supply crises in a Member State which risk sparking a domino effect on the EU market, as regards both preventive action and the reaction to actual disruptions of supply.

Amendment 65 #

Proposal for a regulation
Recital 7

(7) An internal gas market that operates smoothly is the best guarantee of security of energy supply across the Union and to reduce the exposure of individual Member States to the harmful effects of supply disruptions. Where a Member State’s security of supply is threatened, there is a risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other Member States. To allow the internal gas market to function even in the face of a shortage of supply, provision must be made for solidarity and coordination in the response to supply crises, as regards both preventive action and the reaction to actual disruptions of supply, leading to integration of regions’ energy markets.

Amendment 66 #

Viorica DĂNCILĂ, Daniel BUDA, Victor BOŞTINARU, Norica NICOLAI

Proposal for a regulation
Recital 7 a (new)

(7a) The Union should further diversify energy sources, suppliers and supply routes, as a precondition of energy security. However, the Union shall support, including through funding, only those diversification-oriented projects that are fully in line with Union law and principles as well as with the Union’s long-term policy objectives and priorities, as is the case with any other category of infrastructural projects.

Amendment 67 #

Proposal for a regulation
Recital 8

(8) So far, the potential for more efficient and less costly measures through regional cooperation has not been fully exploited~~. This has to do not only with b~~, and an open concept of regional cooperation is needed, with the possibility of reconfiguring cooperation formats on the basis of consultations with the Member States, taking account of the energy dynamic. Better coordination of national mitigation actions in emergency situations~~, but also~~ is recommended, as well as of national preventive measures, such as national storage or policies related to liquefied natural gas (LNG), which can be strategically important in certain regions.

Amendment 68 #

Proposal for a regulation
Recital 8

(8) So far, the potential for more efficient and less costly measures through regional cooperation has not been fully exploited. This has to do not only with better coordination of national mitigation actions in emergency situations, but also of national preventive measures, such as ~~national storage or policies related to liquefied natural gas (LNG), which can be strategically important in certain regions~~policies related to an efficient use of existing infrastructure, which in many cases remains underutilised.

Amendment 69 #

Proposal for a regulation
Recital 9

(9) In a spirit of solidarity, regional cooperation, involving both public authorities and natural gas undertakings, should be the guiding principle of this Regulation, to identify the relevant risks in each region and optimise the benefits of coordinated measures to mitigate them and to implement the most cost-effective measures for Union consumers. Regional cooperation should gradually be complemented with a stronger Union perspective, allowing recourse to all available supplies and tools in the entire internal gas market. This could be facilitated by providing in-depth analysis at Union level on the relevant Emergency Supply Corridors, based on gas supply sources common for a group of Member States.

Amendment 70 #

Viorica DĂNCILĂ, Daniel BUDA, Norica NICOLAI

Proposal for a regulation
Recital 9

(9) In a spirit of solidarity, regional cooperation, involving both public authorities and natural gas undertakings, should be the guiding principle of this Regulation, to identify the relevant risks in each region and optimise the benefits of coordinated measures to mitigate them and to implement the most cost-effective measures for Union consumers. Regional cooperation should provide scope for improving the existing and developing new infrastructure projects so that cross- border interconnections enhance security of gas supply.

Amendment 71 #

Proposal for a regulation
Recital 9

(9) In a spirit of solidarity, regional cooperation, involving both public authorities and natural gas undertakings, ~~should~~must be the guiding principle of this Regulation, to identify the relevant risks in each region, based on relevant analyses, and to optimise the benefits of coordinated measures ~~to mitigate them~~at local, regional and cross- border level, in order to mitigate them and consolidate the security of the gas supply, and to implement the most cost-effective measures for Union consumers, defined by common accord with the Member States.

Amendment 72 #

Proposal for a regulation
Recital 10

Amendment 73 #

Proposal for a regulation
Recital 10

(10) Certain customers, including households and customers providing essential social services, are particularly vulnerable and ~~may need social~~should be protect~~ion~~ed. A definition of such protected customers should not conflict with the Union solidarity mechanisms.

Amendment 74 #

Proposal for a regulation
Recital 11

(11) Responsibility for security of gas supply should be shared by natural gas undertakings, and Member States, acting through their competent authorities~~; and the Commission~~, within their respective remits. Such shared responsibility requires very close cooperation between these parties. However, customers using gas for electricity generation or industrial purposes may also have an important role to play in security of gas supply, as they can respond to a crisis by taking demand-side measures such as interruptible contracts and fuel switching, which have an immediate impact on the supply/demand balance.

Amendment 75 #

Martina MICHELS

Proposal for a regulation
Recital 11

(11) Responsibility for security of gas supply should be shared by natural gas undertakings, Member States, acting through their competent national, regional and local authorities; and the Commission, within their respective remits. Such shared responsibility requires very close cooperation between these parties. However, customers using gas for electricity generation or industrial purposes may also have an important role to play in security of gas supply, as they can respond to a crisis by taking demand-side measures such as interruptible contracts and fuel switching, which have an immediate impact on the supply/demand balance.

Amendment 76 #

Proposal for a regulation
Recital 11

Amendment 77 #

Proposal for a regulation
Recital 13

(13) The infrastructure standard should ~~obli~~encourage Member States to maintain a minimum level of infrastructure such as to ensure a degree of redundancy in the system in the event of a disruption of the single largest infrastructure. As an analysis by reference to the N-1 indicator constitutes a purely capacity-based- approach, the results of N-1 should be complemented with a detailed analysis that also captures gas flows.

Amendment 78 #

Proposal for a regulation
Recital 13 a (new)

(13a) Any international trade flows of energy should be subject to considerations regarding their compatibility with major goals, in particular with the fight against climate change and pollution as well as with the achievement of peace and stability.

Amendment 79 #

Proposal for a regulation
Recital 14

(14) Regulation (EU) No 994/2010 requires transmission system operators to enable permanent bi-directional capacity on all cross-border interconnections unless an exemption has been granted from this obligation. It aims to ensure that the possible benefits of permanent bi- directional capacity are always taken into account when a new interconnector is planned. However, bi-directional capacity can be used to supply gas both to the neighbouring Member State and to others along the gas supply corridor. The benefits for security of supply of enabling permanent bi-directional capacity thus need to be seen in a broader perspective, in a spirit of solidarity and enhanced cooperation. A cost-benefit analysis that takes account of the whole transportation corridor should therefore be conducted when considering whether to implement bi-directional capacity. The competent authorities should accordingly be required to re-examine the exemptions granted under Regulation (EU) 994/2010 on the basis of the results of the regional risk assessments.

Amendment 80 #

Proposal for a regulation
Recital 15 a (new)

(15a) Any investment in fossil fuel infrastructure perpetuates the situation that such an investment is intended to fight against, that is to say the structural geopolitical dependency of the Union, and entails the continued emission of greenhouse gases into the atmosphere. That worrying lack of coherence should be urgently addressed by the Union in order to deserve trust of its citizens.

Amendment 81 #

Proposal for a regulation
Recital 15 a (new)

(15a) Energy efficiency measures have a fundamental role to play towards a secure energy system. Reduced gas consumption should be a priority to ensure Europe’s energy sovereignty and secure gas supply.

Amendment 82 #

Proposal for a regulation
Recital 15 b (new)

(15b) Any investment in fossil fuel infrastructure deviates resources from efficiency and renewables initiatives, and accordingly it delays the complete energy transition towards carbon-free and nuclear-free energy sources, which is already technologically feasible and is lacking only political vision and will, and the necessary allocation of resources.

Amendment 83 #

Proposal for a regulation
Recital 17

(17) A regional approach to assessing risks and defining and adopting preventive and mitigating measures enables efforts to be coordinated, bringing significant benefits in terms of the effectiveness of measures and optimisation of resources. This applies particularly to measures designed to guarantee a continued supply, under very demanding conditions, to protected customers, and to measures to mitigate the impact of an emergency. Assessing correlated risks at regional level, which is both more comprehensive and more precise, will ensure that Member States are better prepared for any crises. Moreover, in an emergency, a coordinated and pre-agreed approach to security of supply ensures a consistent response and reduces the risk of negative spill-over effects that purely national measures could have in neighbouring Member States. This regional approach does not, however, relieve the Member States of responsibility for the management of their national security of supply standards, nor does it create obstacles to inter-regional or bilateral cooperation beyond the scope of Annex I to this Regulation.

Amendment 84 #

Proposal for a regulation
Recital 17

Amendment 85 #

Proposal for a regulation
Recital 18 a (new)

(18a) This Regulation should be taken into account both when operational plans are to be adopted for the use of ESI funding and in the financing criteria for EFSI projects.

Amendment 86 #

Proposal for a regulation
Recital 19

(19) For the purposes of this Regulation, the following criteria should therefore be taken into account when defining the regional groups: supply patterns, existing and planned interconnections and interconnection capacity between Member States, market development and maturity, existing regional cooperation structures, and the number of Member States in a region, which should be limited to ensure that the group remains of a manageable size. A further possibility to take into account when defining the regional groups should be the inclusion of future Member States involved in an enlargement process.

Amendment 87 #

Proposal for a regulation
Recital 19

(19) For the purpose of this Regulation, the following criteria should therefore be taken into account when defining the regional groups: supply ~~patterns~~and demand patterns, potentials for reducing this demand regionally through energy efficiency measures, in particular in buildings and industry, existing and planned interconnections and interconnection capacity between Member States, market development and maturity, existing regional cooperation structures, and the number of Member States in a region, which should be limited to ensure that the group remains of a manageable size.

Amendment 88 #

Proposal for a regulation
Recital 20

Amendment 89 #

Proposal for a regulation
Recital 20

(20) In order to make the regional cooperation feasible, Member States should establish ~~a cooperation mechanism within each region~~clear administrative mechanisms, at intra- and interregional level, that would apply in emergency situations and on the basis of which the competent authorities could act. Such mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment ~~and~~, drawing up meaningful plans at regional level and avoiding unfair costs for consumers. Member States are free to agree on a cooperation mechanism best suited for a given region, and this mechanism may be reconfigured in line with the energy dynamic. The Commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies. In absence of an agreement on the cooperation mechanism, the Commission may propose a suitable cooperation mechanism for a given region.

Amendment 90 #

Proposal for a regulation
Recital 20

(20) In order to make the regional cooperation feasible, Member States should establish a cooperation mechanism within each region. Such mechanism or mechanisms should be developed sufficiently in time and ensure a high degree of transparency to allow for conducting the risk assessment and drawing up meaningful plans at regional level. Member States are free to agree on a cooperation mechanism best suited for a given region. The Commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies. In absence of an agreement on the cooperation mechanism, the Commission may propose a suitable cooperation mechanism for a given region.

Amendment 91 #

Proposal for a regulation
Recital 20

(20) In order to make the regional cooperation feasible, Member States should establish a cooperation mechanism within each region. Such a mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans at regional level. Member States are free to agree on a cooperation mechanism best suited for a given region. The Commission should have a standard-setting and facilitating role in the overall process and share best practisces for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies. In absence of an agreement on the cooperation mechanism, the Commission may propose a suitable cooperation mechanism for a given region.

Amendment 92 #

Proposal for a regulation
Recital 22 a (new)

Amendment 93 #

Proposal for a regulation
Recital 23

(23) To ensure maximum preparedness, so as to avoid a supply disruption and mitigate its effects should it nevertheless occur, the competent authorities of a given region must draw up preventive action plans and emergency, after consulting stakeholders. Regional plans should take account of the specific characteristics of each Member State. They should also clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities. National measures to be designed should take fully account of the regional measures set out in the preventive action plan and emergency plan. They should be so designed as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation. The plans should be technical and operational in nature, their function being to help prevent the occurrence or escalation of an emergency and to mitigate its effects. The plans should take the security of electricity systems into account ~~and be consistent with the Energy Union’s strategic planning and reporting tools~~.

Amendment 94 #

Viorica DĂNCILĂ, Victor BOŞTINARU, Norica NICOLAI

Proposal for a regulation
Recital 23

(23) To ensure maximum preparedness, so as to avoid a supply disruption and mitigate its effects should it nevertheless occur, the competent authorities of a given region must draw up preventive action plans and emergency, after consulting stakeholders. Regional plans should take account of the specific characteristics of each Member State and identify the potential for alleviating pressure on gas supply through energy efficiency measures and for increasing the share of energy generated by renewable sources. They should also clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities. National measures to be designed should take fully account of the regional measures set out in the preventive action plan and emergency plan. They should be so designed as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation. The plans should be technical and operational in nature, their function being to help prevent the occurrence or escalation of an emergency and to mitigate its effects. The plans should take the security of electricity systems into account and be consistent with the Energy Union’s strategic planning and reporting tools.

Amendment 95 #

Proposal for a regulation
Recital 23

(23) To ensure maximum preparedness, so as to avoid a supply disruption and mitigate its effects should it nevertheless occur, the competent authorities of a given region must draw up preventive action plans and emergency, after consulting stakeholders. Regional plans should take account of the specific characteristics of each Member State. They should also clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities. National measures to be designed should take fully account of the regional measures set out in the preventive action plan and emergency plan. They should be so designed as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation. The plans should be technical and operational in nature, their function being to help prevent the occurrence or escalation of an emergency ~~and~~, to mitigate its effects and to avoid the emergence of unfair costs for consumers. The plans should take the security of electricity systems into account and be consistent with the Energy Union’s strategic planning and reporting tools.

Amendment 96 #

Proposal for a regulation
Recital 24

(24) The roles and responsibilities of all natural gas undertakings and competent authorities should therefore be defined precisely in order to keep the internal gas market functioning ~~properly~~under the supervision of public regulatory authorities, particularly in the event of supply disruptions and crises. Such roles and responsibilities should be established in such a way as to ensure that a three-level approach is respected which would involve first the relevant natural gas undertakings and industry, then Member States at national or regional level, and then the Union. This Regulation should enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with disruptions. However, it should also provide for mechanisms that can be deployed when markets alone are no longer able to deal adequately with a gas supply disruption.

Amendment 97 #

Proposal for a regulation
Recital 25

(25) In the event of a supply crisis, market players ~~should be given sufficient opportunity to respond to the situation with market-based measures. Where market measures have been exhausted and they are still~~under the supervision of public regulatory authorities should be obliged to respond to the situation. Where market measures are insufficient, Member States and their competent authorities should take measures to remove or mitigate the effects of the supply crisis.

Amendment 98 #

Proposal for a regulation
Recital 25

(25) In the event of a supply crisis, market players should be given sufficient opportunity to respond to the situation with market-based measures. Where market measures have been exhausted and they are still insufficient, Member States and their competent authorities should take measures to remove or mitigate the effects of the supply crisis, with the aim of making it possible to maintain a minimum damage level of supply in order to ensure that installations, in particular those with a continuous operating flow, are not affected.

Amendment 99 #