Activities of Ondřej KOVAŘÍK related to 2023/0076(COD)
Plenary speeches (1)
Improving the Union’s protection against market manipulation on the wholesale energy market (debate)
Opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 1227/2011 and (EU) 2019/942 to improve the Union’s protection against market manipulation in the wholesale energy market
Amendments (9)
Amendment 23 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EU) No 1227/2011
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation applies to trading in wholesale energy products. Articles 3, 5, 5a and 9(1), second subparagraph of this Regulation shall not apply in relation to wholesale energy products which are financial instruments and to which Article 2 of Regulation (EU) No 596/2014 applies. This Regulation is without prejudice to the application of Directive (EU) 2014/65, Regulation (EU) No 596/2014, Regulation (EU) 600/2014 and Regulation (EU) 648/2012 as regards activities involving financial instruments as defined underin Article 4(1), point (15), of Directive (EU) 2014/65 as well as to the application of European competition law to the practices covered by this Regulation.
Amendment 25 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EU) No 1227/2011
Article 2 – point 2 – point (a) – introductory part
Article 2 – point 2 – point (a) – introductory part
(a) entering into any transaction, issuplacing any order to trade or engaging in any other behaviour relating to wholesale energy products which:
Amendment 26 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EU) No 1227/2011
Article 2 – point 2 – point a – point ii
Article 2 – point 2 – point a – point ii
(ii) secures, or is likely to secure , by a person, or persons acting in collaboration, the price of one or several wholesale energy products at an artificial level, unless the person who entered into the transaction or issued the order to trade establishes that his reasons for doing so are legitimate and that that transaction or order to trade conforms to accepted market practices on the wholesale energy market concerned; or
Amendment 27 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EU) No 1227/2011
Article 2 – point 2 – point a – subparagraph ii – second subparagraph (new)
Article 2 – point 2 – point a – subparagraph ii – second subparagraph (new)
(iia) unless the person who entered into the transaction or placed the order to trade establishes that his reasons for doing so are legitimate and that that transaction or order to trade conforms to accepted market practices on the wholesale energy market concerned; or (This text should come as a separatae subparagraph after points (i) and (ii) as it applies to both points.)
Amendment 29 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point j
Article 1 – paragraph 1 – point 2 – point j
Regulation (EU) No 1227/2011
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘inside information platform’ or ‘IIP’ means a person registered under this Regulation to provide the service of operating a platform for the disclosure of inside information and for the reporting of disclosed inside information to the Agency on behalf of market participants.;
Amendment 37 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point j
Article 1 – paragraph 1 – point 2 – point j
Regulation (EU) No 1227/2011
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘organised market place’ (‘OMP’) means an energy exchange, an energy broker, an energy capacity platform or any other person professionally arranging or executing transactions, including shared order book providers but excluding trading venues as defined in Article 4(1), point (24), of Directive 2014/65/EU and purely bilateral trading where two natural persons enter into each trade on their own account.
Amendment 39 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point j
Article 1 – paragraph 1 – point 2 – point j
Regulation (EU) No 1227/2011
Article 2 – paragraph 1– point 24a (new)
Article 2 – paragraph 1– point 24a (new)
(24a) ‘benchmark’ means any index that is not a benchmark as defined in Article 3(1), point (29), of Regulation (EU) 596/2014 and that is periodically or regularly determined by the application of a formula to, or on the basis of, the underlying wholesale energy products, including estimated prices, by reference to which the amount payable under a wholesale energy product or a contract relating to a wholesale energy product, or the value of a wholesale energy product, is determined;
Amendment 44 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Regulation (EU) No 1227/2011
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Market participants shall disclose the inside information through IIPs. The IIPs shall ensure that the inside information is made public in a manner which enables fast access, including access through a clear application programming interface. and complete, correct and timely assessment of the information by the public.; Liability for the provision of inside information received by the IIPs to the Agency is therefore attributed to the IIPs.
Amendment 56 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 1227/2011
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Market participants entering into transactions which are required to be reported to ACER in accordance with Article 8(1) shall register with the national regulatory authority in the Member State in which they are established or resident. Market participants resident or established in a third country shall declare an office , in a Member State in which they are active and register with the national regulatory authority of thatin a Member State in which they are active.;