24 Amendments of Dan NICA related to 2016/0030(COD)
Amendment 165 #
Proposal for a regulation
Recital 7
Recital 7
(7) An 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 energygas supply across the Union and towhile 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 Statedamage 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 182 #
Proposal for a regulation
Recital 9
Recital 9
(9) In a spirit of solidarity, regional cooperation, which involvinges 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 ent the most cost-effective measures for Union consumersuring 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 188 #
Proposal for a regulation
Recital 9 a (new)
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 210 #
Proposal for a regulation
Recital 17
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 225 #
Proposal for a regulation
Recital 19
Recital 19
(19) For the purpose of this Regulation, the following criteria should therefore be taken into account when definestablishing 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 241 #
Proposal for a regulation
Recital 21
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 onerisks, including, where appropriate, the disruption of the supplies from the single largesdominant 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 aprovided 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 285 #
Proposal for a regulation
Recital 34
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 297 #
Proposal for a regulation
Recital 36
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, aAll Member States which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid. Secondly, iIf 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 triggeredaken 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 319 #
Proposal for a regulation
Recital 41
Recital 41
(41) One of the Union goals is to strengthen the Energy Community that wouldin 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 entails also 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 383 #
Proposal for a regulation
Article 3 – paragraph 4
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 411 #
Proposal for a regulation
Article 4 – paragraph 1
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
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 415 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
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 500 #
Proposal for a regulation
Article 6 – paragraph 3
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 529 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
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 546 #
Proposal for a regulation
Article 7 – paragraph 3
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 634 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
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 636 #
Proposal for a regulation
Article 9 – paragraph 1 – point e
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, notably through an integrated view of energy systems operations across electricity and gas;
Amendment 640 #
Proposal for a regulation
Article 9 – paragraph 1 – point k
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 659 #
Proposal for a regulation
Article 10 a (new)
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 681 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
Amendment 715 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
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 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
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 #
Proposal for a regulation
Article 13 – paragraph 2 – point b
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;