Activities of Davor ŠKRLEC related to 2016/0379(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the internal market for electricity (recast)
Amendments (103)
Amendment 59 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The 'energy efficiency first' principle plays an important role in designing the electricity market. By fostering a level playing field for demand side solutions, including demand response and energy efficiency improvements, it makes sure that the market can be effective in delivering the objectives of the Energy Union and the climate and energy framework 2030.
Amendment 75 #
Proposal for a regulation
Recital 15
Recital 15
(15) Efficient decarbonisation of the electricity system via market integration requires systematically abolishing barriers to cross-border trade to overcome market fragmentation and to allow Union energy customers to fully benefit from the advantages of integrated electricity markets and competition. It also needs to provide for a just transition for coal mining regions and for those parts of the electricity market that are still largely based on electricity production from coal, as their decommission necessary in the framework of the transition to a flexible and sustainable energy system enabling the EU meeting the Paris Agreement will have to address the numerous economical and social challenges.
Amendment 87 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) setting the basis for an efficient achievement of the objectives of the European Energy Union and in particular the climate and energy framework for 203030 by enabling market signals to be delivered for increased flexibility, decarbonisation and innovationenergy efficiency and innovation, taking also account of the role of interconnectors and the growing share of renewables for the transition to a sustainable energy system; _________________ 30 COM/2014/015 final.
Amendment 97 #
Proposal for a regulation
Article 2 – paragraph 2 – point u
Article 2 – paragraph 2 – point u
(u) 'capacity mechanism' means an administrative measure to ensure the achievement of the desired level of security of supplresource adequacy by remunerating resources for their availability not including measures relating to ancillary services;
Amendment 98 #
Proposal for a regulation
Article 2 – paragraph 2 – point v
Article 2 – paragraph 2 – point v
(v) 'strategic reserve' means a capacity mechanism in which resources are held and definitively remain outside the day ahead, intraday, balancing and any other ancillary services market, and are only dispatched in case day-ahead and intraday markets have failed to clear, transmission system operators have exhausted their balancing resources to establish an equilibrium between demand and supply, and imbalances in the market during periods where the reserves were dispatched are settled at technical price limits or at the value of lost load;
Amendment 101 #
Proposal for a regulation
Article 2 – paragraph 2 – point w
Article 2 – paragraph 2 – point w
(w) ‘high-efficiency cogeneration’ means renewable cogeneration meeting the criteria laid down in Annex II of Directive 2012/27/EU of the European Parliament and of the Council33 ; _________________ 33Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1)of achieving a conversion efficiency of at least 85 %.
Amendment 152 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Dispatching of power generation facilities and demand response shall be non-discriminatory and market based unless otherwise provided under paragraphs 2 to 4Member States shall ensure that when dispatching electricity-generating installations, transmission system operators shall give priority to generating installations using variable renewable energy sources in so far as the secure operation of the national electricity system permits and based on transparent and non-discriminatory criteria.
Amendment 155 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. When dispatching electricity generating installations, transmission system operators shall also give priority to renewables based high efficiency cogeneration achieving a conversion efficiency of at least 85 %.
Amendment 157 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 163 #
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 164 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 169 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 170 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Amendment 172 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 174 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 181 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 184 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The resources curtailed or redispatched shall maybe selected amongst generation, storage or demand facilities submitting offers for curtailment or redispatching using market-based mechanisms and be financially compensatedfully paid. Payment shall amount to the value of the income that the operator would have got from the market and from support mechanism, where applicable, pursuant to paragraph 6(b). Submission of an offer for curtailment or redispatch shall be voluntary. Non-market- based curtailment or redispatching of generation or redispatching of demand response shall only be usedmay be used for operational security reasons where no market-based alternative is available, where all available market-based resources have been used, or where the number of generation or demand facilities available in the area where suitable generation or demand facilities for the provision of the service are located is too low to ensure effective competition. Market-based redispatch may not be used when it could lead to significant curtailment of electricity generated in installations using renewable sources. Regulators shall assess market interest at least every five years. The provision of market-based resources shall be open to all generation technologies, storage and demand response, including operators located in other Member States unless technically not feasible.
Amendment 187 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The responsible system operators shall report at least once per year to the competent regulatory authority on curtailment or downward reensure that they efficiently accommodate renewable electricity to deliver Union-wide targets, including on greenhouse gas emissions, at least cost as set out in Article 51 (2) of the [Electricity Directive]. They must report at least once per year to the competent regulatory authority and ACER: - on the level of development and effectiveness of market-based curtailment or redispatching mechanisms for generation and demand-side management; - on the reasons, volumes and types of technologies subject to curtailment or downward redispatching; - on measures taken to reduce the need of curtailment or downwards dispatching of generating installations using renewable energy sources or high-efficiency cogeneration; and - on requests and contractual arrangements made with generating units for them to operate at a certain level of electricity infeed. System operators shall justify the necessity of such arrangements, and in what extent these services could not be provided by other resources; setting out whether this was in line with the least cost delivery of Union- wide targets. Where this was not the case, they must set out measures taken to reduce the need for such curtailment or downward redispatching in the future. Curtailment or redispatching of generating installations using renewable energy sources or high- efficiency cogeneration shall be subject to compensationpayment pursuant to paragraph 6.
Amendment 193 #
Proposal for a regulation
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) guarantee the capability of transmission and distribution networks to transmit electricity produced from renewable energy sources or high- efficiency cogeneration in line with the least cost delivery of Union wide targets, including climate targets, with minimum possible curtailment or redispatching. That shall not prevent network planning from taking into account limited curtailment or redispatching where this is shown to beey can demonstrate in a transparent way that this is more economically efficient and does not exceed 51 % of installed capacities of installations using renewable energy sources or high- efficiency cogeneration inat their area connection point;
Amendment 194 #
Proposal for a regulation
Article 12 – paragraph 4 – point b
Article 12 – paragraph 4 – point b
(b) take appropriate grid and market- related operational measures in order to minimise the curtailment or downward redispatching ofefficiently accommodate all electricity produced from renewable energy sources or high- efficiency cogeneration and minimise their curtailment or downward redispacthing.
Amendment 195 #
Proposal for a regulation
Article 12 – paragraph 4 – point b a (new)
Article 12 – paragraph 4 – point b a (new)
(ba) ensure that their networks are sufficiently flexible such that they are in a position to manage their networks as set out in Article 51 of the [Electricity Directive].
Amendment 200 #
Proposal for a regulation
Article 12 – paragraph 5 – point a
Article 12 – paragraph 5 – point a
(a) generating installations using renewable energy sources shall only be subject to downward redispatching or curtailment if no other alternative exists or if other solutions would result in disproportionate costs or risks to network security;
Amendment 201 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Agency, in close cooperation with the national regulatory authorities and the ENTSO for Electricity, shall monitor and analyse the performance of regional operational centres, taking into account the reports provided for in [Article 43 paragraph 4 recast Electricity Regulation as proposed by COM(2016) 861/2]. The Agency or the subset of the Board of Regulators as referred to in Article 7 shall issue recommendations or, where appropriate, decisions to ensure that the regional operational centres comply with their obligations under this Regulation and other relevant Union legislation, notably as regards their effect on the market integration as well as on non-discrimination, effective competition and the efficient functioning of the market.
Amendment 205 #
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
(b) generating installations usingelectricity generated in a high- efficiency cogeneration process shall only be subject to downward redispatching or curtailment if, no other thanalternative exists except curtailment or downward redispatching of generating installations using renewable energy sources, no other alternative exists or if other solutions would result in highly disproportionate costs or severe risks to network security;
Amendment 205 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The Agency shall report annually to the Commission the results of the monitoring provided in paragraph 1.
Amendment 206 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. To carrhe Agency outr the tasks referred to in paragraph 1 in an efficient and expeditious manner, the Agencysubset of the Board of Regulators as referred to in Article 7 shall in particular:
Amendment 207 #
Proposal for a regulation
Article 12 – paragraph 5 – point c
Article 12 – paragraph 5 – point c
Amendment 210 #
Proposal for a regulation
Article 8 – paragraph 2 – point a a (new)
Article 8 – paragraph 2 – point a a (new)
(aa) issue guidelines and recommendations for the elaboration of the statutes and rules of procedure referred to in [Article 32(2) of recast Electricity Regulation as proposed by COM(2016) 861/2] with a view to promoting their soundness and convergence;
Amendment 211 #
Proposal for a regulation
Article 8 – paragraph 2 – point a b (new)
Article 8 – paragraph 2 – point a b (new)
(ab) approve the statutes and rules of procedure referred to in Article 32(2) of recast Electricity Regulation as proposed by COM(2016) 861/2;
Amendment 212 #
Proposal for a regulation
Article 8 – paragraph 2 – point a c (new)
Article 8 – paragraph 2 – point a c (new)
(ac) approve the cooperative decision- making procedure referred to in Article 35 of recast Electricity Regulation as proposed by COM(2016) 861/2;
Amendment 213 #
Proposal for a regulation
Article 8 – paragraph 2 – point a d (new)
Article 8 – paragraph 2 – point a d (new)
(ad) approve the framework for the cooperation and coordination between regional operational centres pursuant to Article 35a NEW of [recast Electricity Regulation as proposed by COM(2016) 861/2;
Amendment 214 #
Proposal for a regulation
Article 12 – paragraph 5 – point d
Article 12 – paragraph 5 – point d
(d) downward redispatching or curtailment under letters a to c shall be duly and transparently justified. The justification shall be included in the report under paragraph 3.
Amendment 216 #
Proposal for a regulation
Article 12 – paragraph 6 – introductory part
Article 12 – paragraph 6 – introductory part
6. Where non-market based curtailment or redispatching is used, it shall be subject to financial compensationpayment by the system operator requesting the curtailment or redispatching to the owner of the curtailed or redispatched generation or demand facility. Financial compensationPayment shall at least be equal to the highest of the following elements:
Amendment 217 #
Proposal for a regulation
Article 12 – paragraph 6 – point b
Article 12 – paragraph 6 – point b
(b) 9100 % of the net revenues from the sale of electricity on the day-ahead market that the generating or demand facility would have generated without the curtailment or redispatching request. Where financial support is granted to generating or demand facilities based on the electricity volume generated or consumed, lost financial support shall be deemed part of the net revenues and compensated at 100%. The full compensation shall be settled within a reasonable timeframe after the curtailment has occurred. This paragraph shall apply to installations using a high- efficiency cogeneration process within the limit of the share of renewable energy sources in the fuel they use.
Amendment 219 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the proposals for methodologies and calculations related to the European resource adequacy assessment pursuant to Article 19(2), (3) and (5) of [recast Electricity Regulation as proposed by COM(2016) 861/2] as well as the results of the European resource adequacy assessment pursuant to Article19(6) of [recast Electricity Regulation.
Amendment 223 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Taking into account the results of the European resource adequacy assessment as well as other relevant regulations, the Agency shall draft the EU-wide guidelines for the solutions on how to prevent and handle crises situations, identifying both market and non-market measures as well as the principles of compensation schemes and principles for identifying protected customers. Competent authorities of Member States shall take full account of these guidelines when drafting their risk- preparedness plans. The Agency shall review and, if necessary, update these solutions every three years, unless circumstances warrant more frequent updates.
Amendment 224 #
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. Member States shall ensure that the information reported under paragraph 3 is reflected through the national reporting process on the internal energy market, as provided for in Article 21 of the [Governance Regulation].
Amendment 225 #
Proposal for a regulation
Article 12 – paragraph 6 b (new)
Article 12 – paragraph 6 b (new)
6b. Where applicable, transmission system operators of different Member States shall agree on a fair repartition of the costs of cross-border redispatching and counter-trading.
Amendment 226 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Network congestion problems shall be addressed with non-discriminatory market-based solutions including energy efficiency/demand-side management solutions which give efficient economic signals to the market participants and transmission system operators involved. Network congestion problems shall be solved with non- transaction based methods, i.e. methods that do not involve a selection between the contracts of individual market participants. When taking operational measures to ensure that its transmission system remains in the normal state, the transmission system operator shall take into account the effect of those measures on neighbouring control areas and coordinate such measures with other affected transmission system operators as provided for in Regulation (EU) 1222/2015.
Amendment 227 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The maximum capacity of the interconnections and/or the transmission networks affecting cross-border flows shall be made available to market participants, complying with safety standards of secure network operation. Counter-trading and redispatch, including cross-border redispatch, shall be used to maximise available capacities unless it is demonstrated that it is not beneficial to economic efficiency at Union levelguarantee the firmness of the exchange scheduled in case of reductions of the available net transfer capacity due to system security reasons.
Amendment 228 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) monitor wholesale markets, including regional markets in real time, collect data and register market participants in accordance with Article 7 to 9 of Regulation (EU) 1227/201137 ; __________________ 37 Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency OJ L 326, 8.12.2011, p. 1–16.
Amendment 229 #
Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 2
Article 14 – paragraph 7 – subparagraph 2
Amendment 235 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. In carrying out its tasks, in particular in the process of developing framework guidelines in accordance with Article 55 of [recast Electricity Regulation as proposed by COM(2016) 861/2] or Article 6 of Regulation (EC) No 715/2009, and in the process of proposing amendments of network codes under Article 56 of [recast Electricity Regulation as proposed by COM(2016) 861/2] or Article 7 of Regulation (EC) No 715/2009 the Agency shall consult extensively and at an early stage with market participants, transmission system operators, consumers, end-users and, where relevant, competition authorities, without prejudice to their respective competence, in an open and transparent manner, in particular when its tasks concern transmission system operators. The Agency shall ensure that small market actors have an equal footing with other stakeholders in the development – and scrutiny over implementation – of rules that impact their ability to participate in the market.
Amendment 240 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 241 #
Proposal for a regulation
Article 16 – paragraph 7
Article 16 – paragraph 7
7. Distribution tariffs shall reflect the cost ofand benefits related to the use of the distribution network by system users and the benefits of those users including lower transmission losses and load reduction including active customers, and may be differentiated based on system users' consumption or generation profiles and grid connection capacities, whilst avoiding disincentives for energy efficiency. Where Member States have implemented the deployment of smart metering systems, regulatory authorities may introduce time differentiated network tariffs, reflecting the use of the network, in a transparent and foreseeable way for the consumer. The tariffs shall be set in a manner that incentivises investment in demand response flexibility systems and energy savings; subsequently they shall not include additional capacity-based elements. Member states shall ensure that tariffs are not discriminatory, and that there are no subsidies to specific groups of users, including exemptions to pay. Member States may allow subsidies and exemptions for measures aiming at preventing fuel poverty as set in Article 28 and Article 29 of the [Electricity Directive].
Amendment 243 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. When publishing its annual report, the Agency may submit to the European Parliament and to the Commission an opinion on the possible measures to remove the barriers referred to in paragraph 2. The Parliament and the Commission may request the Agency to provide a follow-up to this opinion and to focus on specific issues in the next annual report. A hearing of the Director may be requested by the competent committee of the European Parliament on the issues raised in the opinion.
Amendment 245 #
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. The Agency may request national regulatory authorities, the ENTSO for Electricity, the ENTSO for Gas, the regional operational centres, the EU entity of Distribution System Operators (EU DSO) and the Nominated Electricity Market Operators to provide any information necessary for the purpose of carrying out of monitoring pursuant to this Article. For that purpose the Agency shall have the power to issue decisions. The Agency may use confidential information received pursuant to this Article only for the purposes of carrying out the tasks assigned to it in this Regulation.
Amendment 246 #
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1
Article 17 – paragraph 4 – subparagraph 1
The seat of the Agency shall beis in Ljubljana, Slovenia.
Amendment 249 #
Proposal for a regulation
Article 16 – paragraph 9 – point d a (new)
Article 16 – paragraph 9 – point d a (new)
(da) the removal of incentives which are detrimental to energy efficiency/ demand-side management
Amendment 260 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall monitor, report on and publish resource adequacy within their territory based on the European resource adequacy assessment pursuant to Article 19.
Amendment 261 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where the European resource adequacy assessment identifies a resource adequacy concern Member States shall identify any regulatory distortions and market failures that caused or contributed to the emergence of the concern.
Amendment 263 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall publish a timeline and an implementation plan for adopting measures to eliminate any identified regulatory distortions and market failures. When addressing resource adequacy concerns Member States shall in particular consider removing regulatory distortions, enabling scarcity pricing, developing interconnection, energy storage, demand side measufirst remove those regulatory distortions, enabling scarcity pricing, developing interconnection and distributed energy resources. Member States shall consider cost-effective alternatives to building additional generation by carrying out a cost-benefit analysis of alternative options, including energy efficiency/demand side management, developing interconnection and energy storage. Member States shall notify the timelines to the European Commission for approval. The Commission shall assess whether these measures are sufficient to eliminate the market distortion and issue a decision as to the compatibility of the notified actions in Member States’ timelines with the overall objectives of the Energy Union, in particular their contribution to the EU 2030 climate and energy targets and 2050 decarbonisation objectives. Member States shall regularly report on progress towards implementing the actions set out in their timelines. Actions may include: (a) removal of regulatory distortions and market failures, notably hurdles to increased energy efficiency, flexibility and the deployment of renewable energy; (b) elimination of the potential oversupply of capacity in the market by first taking the most polluting and least flexible resources off the grid. (c) removal of price caps; (d) introduction of an administrative shortage pricing function as referred to in Article 44 of [The Commission regulation establishing a guideline on electricity balancing]; (e) increasing interconnection capacity where necessary according to the adequacy assessment and interconnection target and reinforce and optimise internal grid to address and energy efficiency. congestion; (f) increasing energy efficiency, development of demand-side response and storage capacity;
Amendment 266 #
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. In case a new capacity mechanism is introduced, the implementation plan shall also entail a comprehensive phase- out strategy including a time frame for this capacity mechanism according to the provisions of Article 23 [and Article 18 a].
Amendment 269 #
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Amendment 271 #
Proposal for a regulation
Article 19 – paragraph 4 – point a a (new)
Article 19 – paragraph 4 – point a a (new)
(aa) is based on appropriate scenarios that are consistent with the objectives and targets agreed in the policy framework for climate and energy covering the period from 2020 to 2030 and consistent with reaching the long-term objectives as expressed in the Paris Agreement;
Amendment 272 #
Proposal for a regulation
Article 19 – paragraph 4 – point b
Article 19 – paragraph 4 – point b
(b) is based on appropriate scenarios of projected demand and supply including an economic assessment of the likelihood of retirement, moth- balling, new-build of generation assets and measures to reach energy efficiency and electricity interconnection targets and appropriate sensitivities on wholesale prices and carbon price developments and appropriately takes account of the contribution of all resources and their potential for technological advancement i.e. via monitoring flexibility available in the system, including existing and potential flexibility from generation, demand-side, interconnections and storage;
Amendment 273 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The proposals under paragraphs 2 and 5, the scenarios and assumptions on which they are based and the results of the European resource adequacy assessment under paragraph 3 shall be subject to prior consultation of all interested stakeholders and approval by the Agency under the procedure set out in Article 22.
Amendment 276 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. When applying capacity mechanisms Member States shall have a reliability standard in place. A reliability standard shall indicatinge their desired necessary level of security of supply of the Member State in a transparent manner, and shall be set at an independently defined level of technical feasibility and cost-effectivity.
Amendment 278 #
Proposal for a regulation
Article 19 – paragraph 8
Article 19 – paragraph 8
8. The members of the Administrative Board shall undertake to act independently and objectively in the public interestsole interest of the Union as a whole and shall neither seek nor take instructions from the Union institutions or bodies, from any government of a Member State or from any other public or private body. For that purpose, each member shall make a written declaration of commitments and a written declaration of interests indicating either the absence of any interest which may be considered prejudicial to his independence or any direct or indirect interest which might be considered prejudicial to his independence. Those declarations shall be made public annually.
Amendment 280 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The reliability standard shall be set by the national regulatory authority based on the methodology pursuant to Article 19 (5), taking into account the principles of necessity and proportionality; the standard shall include a trajectory for the phasing out of environmentally harmful subsidies to fossil fuel and nuclear generation and shall not cause further market distortions, including overcapacity.
Amendment 286 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. To address residual concerns that cannot be eliminated by the measures pursuant to Article 18(3), Member States may temporarily introduce capacity mechanisms, subject to the provisions of this Article and to the Union State aid rules as a last resort. The Commission may adopt a decision allowing for the requested capacity mechanism to be granted, subject to the provisions of this Article and to the Union State aid rules. The Commission shall inform all Member States of those applications before taking a decision, taking into account confidentiality. That decision shall be published in the Official Journal of the European Union. The Commission may include in its decision conditions to the implementation of the capacity mechanism. Remedies that build on the curtailment of renewable energy generation, forced disconnections of household customers, limited feed- in/dispatch of small-scale self-generators or direct or indirect support to electricity generation from form fossil fuels or nuclear energy shall be excluded. The decision shall be limited in time and contain a detailed timeline with measures to phase out the capacity mechanism as well as the foreseen date of expiration of the capacity mechanism.
Amendment 291 #
2. Where a Member State wishes to implement a capacity mechanism, it shall consult on the proposed mechanism at least with its electrically connected neighbouring Member States, the Agency as well as with all relevant stakeholders, including with consumer organisations. Prior to submitting a proposal for a capacity mechanism to public consultation, the national regulatory authority shall assess the impact of the capacity mechanism on energy prices in particular to energy prices for household customers. The impact assessment shall be published.
Amendment 292 #
Proposal for a regulation
Article 20 – paragraph 1 – point s a (new)
Article 20 – paragraph 1 – point s a (new)
(sa) appoint the members of the Stakeholder Group referred to in Article 2a.
Amendment 293 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Capacity mechanisms shall not create unnecessarynon-proportionate market distortions and not limit cross-border trade. The amount of capacity committed in the mechanism shall not go beyond what is necessary to address the concerMember States shall introduce appropriate rules to enable all resources to participate in capacity mechanisms, including end-use energy efficiency and demand response. The amount of capacity committed in the mechanism shall not go beyond what is necessary to address the concern. Where the European adequacy assessment has not identified a resource adequacy concern, Member State shall not apply capacity mechanisms. Capacity mechanisms shall be applied for a maximum period of four years. Every four years, Member States shall assess their capacity mechanism and in particular: (a) the level of support received by capacity providers (b) the amount of capacity committed in the mechanism (c) the design criteria of the mechanism, including the sustainability criterion.
Amendment 295 #
Proposal for a regulation
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. Decentralised resources and demand response must have non- discriminatory access to capacity mechanisms and their structural advantages shall be reflected in any mechanism;
Amendment 296 #
Proposal for a regulation
Article 23 – paragraph 3 b (new)
Article 23 – paragraph 3 b (new)
3b. When certifying capacities, the specific characteristics of demand-side flexibility and energy storage shall be taken into account, including in product definitions and prequalification requirements.
Amendment 302 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. Generation capacity for which a final investment decision has been made after [OP: entry into force] shall only be eligible to participate in a capacity mechanism if its emissions are below 5350 gr CO2/kWh. Generation capacity emitting 550 gr CO2/kWh or more shall not be committed in capacity mechanisms 5 years after the entry into force of this Regulation and if it is capable of ramping up and down on-load at least at the level of 5% of their capacity per minute.
Amendment 304 #
Proposal for a regulation
Article 23 – paragraph 4 a (new)
Article 23 – paragraph 4 a (new)
4a. Where a Member State wishes to implement a capacity mechanism, it shall organize a competitive bidding process for capacity providers. This competitive bidding process shall include set of clear and transparent environmental criteria in order to prioritise the most sustainable and energy efficient capacity sources including demand side response. The competitive bidding process criteria must also include flexibility criteria. Eligible capacities should be capable of ramping up and down on-load at least at the level 5% of their capacity per minute. Capacity providers must comply with any EU environmental quality standards and in particular emissions shall not exceed the stricter levels associated with BAT and higher range of BAT-associated energy efficiency levels of all relevant BAT conclusions set for new plants to participate in capacity mechanisms in order to be eligible to bid.
Amendment 305 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point a a (new)
Article 22 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) the Director of the Agency without the right to vote;
Amendment 308 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 2
Article 22 – paragraph 1 – subparagraph 2
Only one representative per Member State from the national regulatory authority may be admitted to the Board of Regulators. Members of board or executive structures of organisations representing the interests of national regulatory authorities shall not be admitted to the Board of Regulators.
Amendment 309 #
Proposal for a regulation
Article 23 – paragraph 4 b (new)
Article 23 – paragraph 4 b (new)
4b. Capacity mechanisms shall reward the contribution of all resources in the same manner, including demand-side flexibility and aggregated resources. They shall establish clear provisions on non- discriminatory product definitions and include prequalification requirements. Capacity mechanisms shall reflect the structural advantage provided by distributed and demand-side resources.
Amendment 309 #
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. The Board of Regulators shall be chaired by the Director of the Agency.
Amendment 310 #
Proposal for a regulation
Article 23 – paragraph 4 c (new)
Article 23 – paragraph 4 c (new)
4c. Capacity products should be defined with a time-horizon of no more than 4 years. The same contract lengths should be available to all resources.
Amendment 310 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Board of Regulators shall elect a Chairman and a Vice-Chairman from among its members. The Vice-Chairman shall replace the Chairman if the latter is not in a position to perform his duties. The term of office of the Chairman and of the Vice-Chairman shall be two-and-a-half years and shall be renewable. In any event, however, the term of office of the Chairman and that of the Vice-Chairman shall expire when they cease to be members of the Board of Regulators.
Amendment 311 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Where the European resource adequacy assessment has not identified a resource adequacy concern, Member States shall not apply capacity mechanisms. Member States shall also not apply capacity mechanisms in markets with regulated prices or price caps, in case they have not reached their interconnection targets or where network codes and guidelines are not fully implemented and applied.
Amendment 319 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Member States applying capacity mechanisms on [OP: entry into force of this Regulation] shall adapt their mechanisms to comply with Articles 18, [18a,] 21 and 23 of this Regulation. Without prejudice to the immediate application of the flexibility requirements set out in Article 23, by [two years from the entry into force of this Regulation], Member States shall complete the review of existing capacity mechanisms, and of the related contractual or administrative arrangement, and bring them in compliance with the provisions of this Regulation. They shall submit to the Commission a detailed report on the results of the review and of the measures taken.
Amendment 322 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
Member States and regions that decide - independently from or as a consequence of harmonised rules of capacity mechanisms - to actively phase-out coal fired electricity generation, shall be provided with a long-term enabling framework for a just transition towards a sustainable and flexible electricity system. The managed and planned retirement of coal-fired capacity would help to improve the functioning of the electricity system in addition to reaching EU climate and environmental objectives, for example on CO2 emissions and clean air.
Amendment 323 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. In performing its functions under EU law, the ENTSO for Electricity shall act for the European good and independent from individual national interests or the national interests of transmission system operators, and shall contribute to the efficient and sustainable achievement of the objectives set out in the policy framework for climate and energy covering the period from 2020 to 2030, in particular by contributing to the efficient integration of electricity generated from renewable energy sources and to increases in energy efficiency. In particular, it shall ensure that the mobilisation of human resources from national transmission system operators does not trigger situations of conflict of interest. The Agency shall be responsible to monitor the compliance of the ENTSO for Electricity with the principles outlined in this Article.
Amendment 347 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Agency shall be managed by its Director, who shall act in accordance with the guidance referred to in Article 23(5)(a) (1) and, where provided for in this Regulation, the opinions of the Board of Regulators. Without prejudice to the respective roles of the Administrative Board and the Board of Regulators in relation to the tasks of the Director, the Director shall neither seek nor follow any instruction from any government, from the Union institutions, or from any other public or private entity or person. The Director shall be accountable to the Administrative Board. The Director may attendshall chair the meetings of the Board of Regulators as an observer.
Amendment 349 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Director shall be appointed by the Administrative Board following a favourable opinion of the Board of Regulators and after confirmation by the European Parliament, on the basis of merit as well as skills and experience relevant to the energy sector, from a list of at least three candidates proposed by the Commission, following an open and transparent selection procedure. Before appointment, the candidate selected by the Administrative Board mayshall be invited to make a statement before the competent committee of the European Parliament and to answer questions put by its members. For the purpose of concluding the contract with the Director, the Agency shall be represented by the Chairman of the Administrative Board
Amendment 356 #
Proposal for a regulation
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
(c) draft , adopt and publish opinions, recommendations and decisions. Opinions, recommendations and decisions referred to in Articles 3 to 11 and 14 , shall only be adopted if they have received a favourable opinion of the Board of Regulators or, where relevant, its subset of the Board of Regulators pursuant to Article 7;
Amendment 372 #
Article 37a Transparency 1. Regional operational centres shall organise a process for stakeholder involvement and organise regular meetings with stakeholders to discuss matters relating to the efficient, secure and reliable operation of the interconnected system as well as to identify shortcomings and propose improvements; 2. ENTSO for electricity and regional operational centres shall operate in full transparency towards stakeholders and the general public. All relevant documentation shall be published on the website of the respective regional operation centre. This paragraph shall apply to the proposals, justifications and decisions adopted pursuant to Articles 32, 33 and 35(a) 38 of this Regulation.
Amendment 380 #
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. Regional operational centres shall set up and manage their organisation according to a structure that supports the safety of their functions and that they exercise their powers independent from any market players. Regional operational centres shall ensure that their staff and the persons responsible for their management act independently from any market interest and do not seek or take direct instructions from any government or other public or private entity when carrying out their tasks. Their organisational structure shall specify:
Amendment 383 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
Regional operational centres shall be equipped with all the human, technical, physical and financial resources necessary for fulfilling their obligations under this Regulation and carrying out their functions independently and impartially.
Amendment 395 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
Distribution system operators which are not part of a vertically integrated undertaking or which are unbundled according to the provisions of Article 35 [recast of Directive 2009/72/EC as proposed by COM(2016) 864/2], or which are financially unbundled and fully independent from energy related entities shall cooperate at Union level through a European Entity for Distribution system operators ("EU DSO entity"), in order to promote the completion and functioning of the internal market in electricity, and to promote optimal management and a coordinated operation of distribution and transmission systems. Distribution system operators who wish to participate in the EU DSO entity shall become registered members of the entity.
Amendment 398 #
Proposal for a regulation
Article 31 – paragraph 1 – point c a (new)
Article 31 – paragraph 1 – point c a (new)
(ca) charges for publications, training and any other services provided by the Agency;
Amendment 399 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. By [OP: twelve months after entry into force], the distribution system operators, with the administrative support of the Agency, shall submit to the Commission and to the Agency the draft statutes, a list of registered members, the draft rules of procedure, including the rules of procedures on the consultation with ENTSO for EDistribution system operators shall cooperate at Union level to contribute to the achievement of the EU climate and energy objectives including the integration of high levels of electricity generated by variable renewable energy sources, to promote the completion and functioning of the internal market in electricity, and other stakeholders and the financing rules, of the EU DSO entity to be establishedto promote optimal management and a coordinated operation of distribution and transmission systems.
Amendment 399 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The expenditure of the Agency shall include staff, administrative, infrastructure, and operational expenses including expenses referred to in Article 2a.
Amendment 401 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Fees shall be due to the Agency forlevied for: (a) requesting an exemption decision pursuant to Article 119(1) and for decisions on cross border cost allocation provided by the Agency pursuant to Article 12 of Regulation (EU) No 347/201339 of the European Parliament and of the Council of 17April 2013 on guidelines for trans-European energy infrastructure[1]; (b) registering market participants in accordance with Article 8 of Regulation (EU) 1227/2011; (c) the provision of other services provided by the Agency, including the publications, and training provided by the Agency and the supervision of the cooperation of transmission system operators and distribution system operators through the ENTSO for Electricity and the EU DSO entity; (d) the processing of appeals. __________________ 39 OJ L 115, 25.4.2013, p. 39.
Amendment 402 #
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. Within two months of receipt, the Agency, after formally consulting the organisations representing all stakeholders, in particular distribution system users, consumer organisations and demand response aggregators, shall provide an opinion to the Commission on the draft statutes, the list of members and the draft rules of procedure.
Amendment 405 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The fees referred to in paragraph 1 shall be set by the Commission in consultation with the Administrative Board. The Commission shall determine in particular the matters for which fees and charges are due, the amount of the fees and charges and the way in which they are to be paid. The amount of the fees and charges shall be fixed at such a level as to ensure that the revenue in respect thereof is in principle sufficient to cover the full cost of the services delivered. The Commission shall re- examine when necessary the level of the fees and charges on the basis of an evaluation of needs and the level of fees.
Amendment 406 #
Proposal for a regulation
Article 51 – paragraph 1 – introductory part
Article 51 – paragraph 1 – introductory part
1. The tasks ofdiscussions within the EU DSO entity shall bencompass the following:
Amendment 413 #
Proposal for a regulation
Article 51 – paragraph 2 – introductory part
Article 51 – paragraph 2 – introductory part
2. In addition the EU DSO entity shall deliberate on the following:
Amendment 421 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. While preparing possible network codes pursuant to Article 55, the an inclusive drafting committee also comprising the EU DSO entity shall conduct an extensive consultation process, at an early stage and in an open and transparent manner, involving all relevant stakeholders, and, in particular, the organisations representing all stakeholders, in accordance with the rules of procedure referred to in Article 50. That consultation shall also involve national regulatory authorities and other national authorities, supply and generation undertakings, system users including customers, distribution system operators, including relevant industry associations, technical bodies and stakeholder platforms. It shall aim at identifying the views and proposals of all relevant parties during the decision- making process.
Amendment 424 #
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The EU DSO entitydrafting committee shall take into consideration the views provided during the consultations. Before adopting proposals for network codes referred to in Article 55 the EU DSO entity shall indicate how the observations received during the consultation have been taken into consideration. It shall provide reasons where observations have not been taken into account.
Amendment 482 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Dispatching of power generation facilities and demand response shall be non-discriminatory and market based unless otherwise provided under paragraphs 2 to 4Member States shall ensure that when dispatching electricity-generating installations, transmission system operators shall give priority to generating installations using variable renewable energy sources in so far as the secure operation of the national electricity system permits and based on transparent and non-discriminatory criteria.
Amendment 495 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 508 #
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 518 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 532 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Amendment 541 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 543 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 558 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5