46 Amendments of Dan NICA related to 2016/0379(COD)
Amendment 227 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
In order to effectively monitor wholesale market integrity and transparency, the Agency, in close cooperation with thenational regulatory authorities and other national authorities, shall:
Amendment 229 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) monitor wholesale markets, collect data andand share data and establish a European register of market participants in accordance with Article 7 to 912 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 241 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Agency, in close cooperation with the Commission, the Member States and the relevant national authorities including the national regulatory authorities and without prejudice to the competences of competition authorities, shall monitor the wholesale and retail markets in electricity and natural gas, in particular the retail prices of electricity and natural gas, compliance with the consumer rights and protections laid down in [recast Electricity Directive as proposed by COM(2016) 864/2] and Directive 2009/73/EC, the impact of market developments on household customers, access to the networks including access of electricity produced from renewable energy sources, potential barriers to cross- border trade, state interventions preventing prices from reflecting actual scarcity, the performance of the Member States in the area of electricity security of supply based on the results of the European resource adequacy assessment as referred to in Article 19 of [recast Electricity Regulation], in particular taking into account the ex-post evaluation referred to in Article 16 of [Risk Preparedness Regulation as proposed by COM(2016) 862] .
Amendment 250 #
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 2
Article 17 – paragraph 4 – subparagraph 2
The Agency may establish local offices in the Member States, subject to their consent and in accordance with Article 25(j).
Amendment 256 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) actions which prevent price formation on the basis of demand and supply or constitute a disincentive to the development of more flexible generation, low carbon generation, or more flexible demand shall be avoided;
Amendment 259 #
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) the development of more flexible generation, low carbon generation, or more flexible demand shall be promoted;
Amendment 265 #
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) consumers and small businesses shall be enabled to actively participate in the energy market through demand response and self-generation
Amendment 272 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) market rules shall support the decarbonisation of the electricity system and thus the economy by enabling the integration of electricity from renewable energy sources and providing incentives for energy efficiency;
Amendment 280 #
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 interest, without seeking or following any political instructions. 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 281 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) (i) barriers to cross-border electricity flows and cross-border transactions on electricity markets and related services markets shall be avoidremoved ;
Amendment 292 #
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) market rules shall allow for progress in research and development into sustainable, secure and low-carbon energy sources, technologies or systems to be realized and used to the benefit of society;
Amendment 311 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Just transition The European Commission shall support Member States that put in place a national strategy for the progressive reduction of installed coal-fired generating and mining capacity through all available means, including targeted financial support to enable a “just transition” in regions affected by structural change. The Commission shall assist Member States to address the social, skills and industrial impacts of the clean energy transition. The Commission shall work in close partnership with the actors of coal and carbon-intensive regions, provide guidance, in particular for the access to and use of available funds and programmes, and encourage exchange of good practices, including discussions on industrial roadmaps and re-skilling needs, through targeted platforms including through the just transition initiative for workers and communities established in the Governance Regulation.
Amendment 329 #
Proposal for a regulation
Article 23 – paragraph 5 – point a
Article 23 – paragraph 5 – point a
(a) provide opinions to the Director on theall documents containing opinions, recommendations and decisions referred to in Articles 4 to 14, which are considered for adoption. The Board of Regulators may revise and amend the opinions, recommendations and decisions drafted by the Director pursuant to Article 25. In addition, the Board of Regulators, within its field of competence, shall provide guidance to the Director in the execution of his tasks, with the exception of decisiontasks pursuant to Article 16(6) of Regulation 1227/2001138. __________________ 38 Regulation (EU) 1227/2011 of the European Parliament and of the Council of 25 October on wholesale energy market integrity and transparency, OJ L 326, 8.12.2011, p. 1.
Amendment 339 #
Proposal for a regulation
Article 23 – paragraph 5 – point c
Article 23 – paragraph 5 – point c
(c) in accordance with Article 20(1)(e) and Article 25(f) and in line with the preliminary draft budget established in accordance with Article 33(3)(1 (1) to (3), approve the annual work programme of the Agency (which forms part of the programming document of the Agency in accordance with Article 21(1)) for the coming year and present it by 130 September of each year for adoption by the Administrative Board.
Amendment 346 #
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 the second sentence of 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 attend the meetings of the Board of Regulators as an observer.
Amendment 359 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. All market participants, including those providing electricity generated from variable renewable sources and demand side response and storage services shall have full access to the balancing market, be it individually or through aggregation. Balancing market rules and products shall respect the need to accommodate increasing shares of variable generation as well as increased demand responsiveness and the advent of new technologies.
Amendment 400 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Fees shall be due to the Agency for the following: (a) requesting an exemption decision pursuant to Article 11(1) and fortaking decisions on cross border cost allocation provided by the Agency pursuant to Article 12 of Regulation (EU) No 347/201339. __________________ 39; (b) requesting registration as reporting party pursuant to the third subparagraph of Article 11(1) of Commission Implementing Regulation (EU) No 1348/2014 and ongoing supervision of registered reporting parties by the Agency; (c) overseeing the activities and the cooperation of transmission system operators, including through the ENTSO for Electricity. 1 OJ L 115, 25.4.2013, p. 39. 1a Commission Implementing Regulation (EU) No 1348/2014 of 17 December 2014 on data reporting implementing Article 8(2) and Article 8(6) of Regulation (EU) No 1227/2011 of the European Parliament and of the Council (OJ L 363, 18.12.2014, p. 121). __________________ 39 OJ L 115, 25.4.2013, p. 39. OJ L 115, 25.4.2013, p. 39.
Amendment 411 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. Where the Commission considers that the continuation of the Agency is no longer justified with regard to its assigned objectives, mandate and tasks, it shall consult the Board of Regulators. Board of Regulators shall issue an opinion on future roles of the Agency within 12 months of receiving the Commission request. Commission, while taking duly into account the opinion of the Board of Regulators, may propose that this Regulation beis amended accordingly or repealed.
Amendment 426 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Market operators shall be free to develop products and trading opportunities that suit market participants' demand and needs and ensure that all market participants are able to access the market individually or through aggregation. They shall respect the need to accommodate increasing shares of variable generation and storage as well as increased demand responsiveness and the advent of new technologies.
Amendment 544 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Generating installations using renewable energy sources or high- efficiency cogeneration which have been commissioned prior to [OP: entry into force] and have, when commissioned, been subject to priority dispatch under Article 15(5) of Directive 2012/27/EU of the European Parliament and of the Council or Article 16(2) of Directive 2009/28/EC of the European Parliament and of the Council35 shall remain subject to priority dispatch. Priority dispatch shall no longer be applicable from the date where the generating installation is subject to significant modifications, which shall be the case at least where a new connection agreement is required or the generation capacity is increased. _________________ 35 Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, p. 16).
Amendment 572 #
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: (a) the level of development and effectiveness of market-based curtailment or redispatching mechanisms for generation and demand facilities; (b) the reasons, volumes in MWh and type of generation source subject to curtailment or downward redispatching; (c) the measures taken to reduce the need for the curtailment or downward redispatching of generating installations using renewable energy sources or high- efficiency cogeneration and on measures taken to reduce the need for such curtailment or downward redispatching in the futurein the future. Progress on such measures should be assessed via indicators taking into account the percentage of substations remotely monitored and controlled in real-time, the percentage of the length of lines operated under dynamic line ratings; losses in high, medium and low-voltage grids; frequency of outages; duration of outage. The competent regulatory authority should publish these indicators together with recommendations for improvement where necessary. Curtailment or redispatching of generating installations using renewable energy sources or high-efficiency cogeneration shall be subject to compensation pursuant to paragraph 6.
Amendment 741 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Tariffs shall grant appropriate incentives to transmission and distribution system operators, over both the short and long term, to increase efficiencies, including energy efficiency and strengthening digitalisation, foster market integration and security of supply, and support investments and the related research activities.
Amendment 745 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Where appropriate, the level of the tariffs applied to producers and/or consumers shall provide locational signals at Union level, and take into account tinvestment costs for infrastructure. The amount of network losses and congestion caused, and investment costs for infrastructure that exceed the Union average shall not be recognized as eligible costs and shall not be included in the distribution tariffs applied to consumers.
Amendment 767 #
Proposal for a regulation
Article 16 – paragraph 8
Article 16 – paragraph 8
8. Regulatory authorities shall provide incentives to distribution system operators to procure services for the operation and development of their networks and integrate innovative solutions in the distribution systems, including through the procurement of services. For that purpose regulatory authorities shall recognise as eligible and include all relevant costs in distribution tariffs and introduce performance targets in order to incentivise distribution system operators to raise efficiencies, including energy efficiency and the digitalisation of the distribution networks including the deployment of smart grids and intelligent metering systems, in their networks.
Amendment 768 #
Proposal for a regulation
Article 16 – paragraph 8
Article 16 – paragraph 8
8. Regulatory authorities shall provide incentives to distribution system operators to procure services for the operation and development of their networks and integrate innovative solutions in the distribution systems. For that purpose regulatory authorities shall recognise as eligible and include allonly relevant costs in distribution tariffs and introduce performance targets in order to upgrade existing grids and deploy smart grids in a transparent way, to incentivise distribution system operators to raise efficiencies, including energy efficiency and energy storage, in their networks.
Amendment 789 #
Proposal for a regulation
Article 16 – paragraph 9 a (new)
Article 16 – paragraph 9 a (new)
9a. For the purposes of point (b) of paragraph (9), when providing recommendations for the costs to be recovered by tariffs, the losses and congestion caused that exceed the Union average shall not be recognized as eligible costs.
Amendment 790 #
Proposal for a regulation
Article 16 – paragraph 9 b (new)
Article 16 – paragraph 9 b (new)
9b. Regulatory authorities shall adopt a set of indicators for measuring the performance of transmission and distribution system operators, which should at least include all of the following: - volume of curtailed energy in MWh, disaggregated per type of generation source; - percentage of the length of lines operated under dynamic line ratings; - percentage of substations remotely monitored and controlled in real-time; - percentage of the length of lines operated under dynamic line ratings; - losses in high, medium and low-voltage grids; - the frequency and duration of power interruptions on the grid. By [two years after the entry into force of this Regulation], and every two years thereafter, regulatory authorities shall publish a report on the performance of transmission and distribution system operators, together with recommendations for improvement where necessary.
Amendment 1115 #
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, 21 and 23 of this Regulation.
Amendment 1135 #
Proposal for a regulation
Article 27 – paragraph 1 – point j c (new)
Article 27 – paragraph 1 – point j c (new)
(j c) to develop demand response in cooperation with DSOs.
Amendment 1147 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. For the purposes of achieving the goals set in paragraphs 1 and 2 of this Article, the geographical area covered by each regional cooperation structure may be defined by the Commission, taking into account existing regional cooperation structures. Each Member State shall be allowed to promote cooperation in more than one geographical area. The Commission is empowered to adopt delegated acts in accordance with Article 63 concerning the geographical area covered by each regional cooperation structure. For that purpose, the Commission shall consult the regulatory authorities of Member States, the Agency and the ENTSO for Electricity.
Amendment 1158 #
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2 a. Regional coordination centres shall enter into operation by 1 January 2022.Regional coordination centres shall replace the regional security coordinators established in accordance with Regulation ... [The Commission Regulation establishing a guideline on Electricity Transmission System Operation].
Amendment 1161 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Regional opercoordinational centres shall complement the role of transmission system operators by performing functions of regional relevance. They shall establish operational arrangements in order toransmission system operators shall be responsible for ensureing the efficient, secure and reliable operation of the interconnected transmission system. The effective operation of the transmission system shall be the responsibility of each transmission system operator.
Amendment 1163 #
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3 a. In performing its functions under EU law, the regional coordination centres shall act independently 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.
Amendment 1186 #
Proposal for a regulation
Article 34 – paragraph 1 – point a
Article 34 – paragraph 1 – point a
(a) coordinated capacity calculation; in accordance with the methodologies developed pursuant to Regulation (EU) 2015/1222;
Amendment 1187 #
Proposal for a regulation
Article 34 – paragraph 1 – point b
Article 34 – paragraph 1 – point b
(b) coordinated security analysis in accordance with the methodologies developed pursuant to Regulation ... [The Commission Regulation establishing a Guideline on electricity transmission system operation];
Amendment 1225 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Regional opercoordinational centres shall provide transmission system operators of the system operation region with all the information necessary to implement the decisionsensure system stability and rsecommendations proposed by the regional operational centresurity of supply.
Amendment 1233 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The day-to-day operation of regional opercoordinational centres shall be managed through cooperative decision- making amongst transmission system operators. The cooperative-decision making process shall be based on:
Amendment 1236 #
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) a procedure for consulting the transmission system operators and relevant stakeholders of the system operation region in the exercise of its operational duties and tasks, in accordance with Article 37;
Amendment 1255 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
Regional opercoordinational centres shall develop a procedure to organise, in the exercise of their daily operational duties and tasks, the appropriate and regular consultation of transmission system operators and of relevant stakeholders. In order to ensure that regulatory issues can be addressed, regulatory authorities shall be involved when required.
Amendment 1271 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Regional opercoordinational centres shall adopt binding decisions addressed to the transmission system operators only in respect of the functions referred to in points (a), (b), (g) and (q) of Article 34(1). Transmission system operators shall implement the binding decisions issued by the regional opercoordinational centres except in cases when the safety of the system will be negatively affected. Transmission system operators shall justify why the safety of the system is negatively affected.
Amendment 1303 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The management board shall be composed of members representing the transmission system operators and of observers representing the regulatory authorities of the system operation region. The representatives of the regulatory authorities shall have no voting rights.
Amendment 1335 #
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
Amendment 1376 #
Proposal for a regulation
Article 49 a (new)
Article 49 a (new)
Article 49 a Membership in the European Entity for Distribution System Operators (EU DSO Entity) The participation of individual distribution system operators in the EU DSO Entity shall be voluntarily. Distribution system operators who wish to participate in the EU DSO Entity shall become registered members of the EU DSO Entity. The EU DSO Entity shall ensure an equitable treatment of all member distribution system operators regardless of their size. The EU DSO Entity shall ensure that smaller or independent DSOs are adequately represented, including in the decision-making procedures.
Amendment 1389 #
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, and consumer protection organisations shall provide an opinion to the Commission on the draft statutes, the list of members and the draft rules of procedure.
Amendment 1427 #
Proposal for a regulation
Article 51 – paragraph 1 – point e
Article 51 – paragraph 1 – point e
(e) promotion of neutral data management, cyber security and data protection;
Amendment 1441 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. While preparing possiblenew network codes for technical details of existing Union acts that set the political framework pursuant to Article 55, 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 organiszations 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.