65 Amendments of David BORRELLI related to 2016/0379(COD)
Amendment 192 #
Proposal for a regulation
Recital 38
Recital 38
Amendment 229 #
Proposal for a regulation
Article 2 – paragraph 2 – point u
Article 2 – paragraph 2 – point u
(u) 'capacity mechanism' means an exceptional and temporary administrative measure to ensure the achievement of the desirednecessary level of security of supply by remunerating resources for their availability not including measures relating to ancillary services;
Amendment 243 #
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 outside the market, remain outside the 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 the value of lost load;
Amendment 255 #
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 while Member States ensure that energy poor or vulnerable consumers are sufficiently protected;
Amendment 260 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) customers shall be enabled to benefit from market opportunities and increased competition on retail markets; Market operators shall be required to assess the risk that new products and services present to household customers and to tailor their offers accordingly; National Regulatory Authorities shall monitor the market developments and modify customers protections where necessary;
Amendment 268 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) market participation of consumers and small businesses shall be enabled, but not unduly encouraged or mandated, individually or by aggregation of generation from multiple generation facilities or load from multiple demand facilities to provide joint offers on the electricity market and be jointly operated in the electricity system, subject to compliance with EU treaty rules on competition;
Amendment 270 #
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 economy by enabling the integration of electricity from renewable energy sources and, providing incentives for energy efficiency and incentivising demand side response at times when there is overreliance on carbon intensive generation ;
Amendment 287 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) all generation, storage and demand resources shall participate on equal footing in the market in a way that accounts for the benefits and costs each provide to the environment and the system, their sustainability, and their contributions to the decarbonisation objectives set in the 2015 Paris Agreement and Directive [Renewable Energy Directive]; ;
Amendment 293 #
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) market rules shall enable the efficient dispatch of generation assets and demand response, whilst accounting for the ability of individual assets to participate in dispatch mechanisms ;
Amendment 298 #
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) market rules, including those applying to ancillary services, shall allow for entry and exit of electricity generation, demand side response providers, storage facilities, and electricity supply undertakings based on their assessment of the economic and financial viability of their operations;
Amendment 313 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. All market participants shall aim for system balance and shall be financially responsible for imbalances they cause in the system. TheyBalancing responsibility shall be preconditioned on the ability of all market participants to have full access to the balancing market, be it individually or through an aggregator, in line with paragraph 1 of Article 5. No later than one year after this Regulation enters into force, the Commission shall assess the level of market access in the balancing market. After a positive assessment for the Member State concerned, each market participant shall either be balance responsible parties or delegate their responsibility to a balance responsible party of their choice.
Amendment 340 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) generating installations using renewable energy sources or high- efficiency cogeneration with an installed electricity capacity of less than 500 k1 MW;
Amendment 348 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 368 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Balancing markets shall be organised in such a way as to ensure effective non-discrimination between market participants taking account of the different technical capability of generation from variable renewable sources and demand side response and storage, including small decentralised or distributed generation and generation from active customers and renewable energy communities, and demand side response and storage. Market operators shall ensure that energy communities have a proportionate and simple access to the market.
Amendment 397 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. The procurement of balancing capacity shall be facilitated on a regional level in accordance with point 8 of Annex I. The procurement shall be based on a primary market and organised in such a way as to be non-discriminatory between market participants in the prequalification process to ensure participation can take place individually or through aggregation.
Amendment 415 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) be organised in such a way as to be non-discriminatory;
Amendment 430 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Market operators shall provide products for trading in day-ahead and intraday markets which are sufficiently small in size, with minimum bid sizes of 1 Megawatt or less, to allow for the effective participation of demand-side response, energy storage and small-scale renewables. Market operators shall ensure that energy communities have a proportionate and simple access to the market.
Amendment 497 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. When dispatching electricity generating installations, transmission system operators shall give priority to generating installations using renewable energy sources or high-efficiency cogeneration from small generating installations or generating installations using emerging technologies to the following extent: Subject to requirements relating to the maintenance of the reliability and safety of the grid, based on transparent and non-discriminatory criteria defined by the competent national authorities: (a) Member States shall ensure that transmission system operators and distribution system operators in their territory guarantee the transmission and distribution of electricity produced from renewable energy sources; (b) Member States shall also provide for either priority access or guaranteed access to the grid-system of electricity produced from renewable energy sources; (c) Member States shall ensure that when dispatching electricity generating installations, transmission system operators shall give priority to generating installations using renewable energy sources in so far as the secure operation of the national electricity system permits and based on transparent and non- discriminatory criteria. 3. Member States shall require transmission system operators and distribution system operators to set up and make public their standard rules relating to the bearing and sharing of costs of technical adaptations, such as grid connections and grid reinforcements, improved operation of the grid and rules on the non-discriminatory implementation of the grid codes, which are necessary in order to integrate new producers feeding electricity produced from renewable energy sources into the interconnected grid. Those rules shall be based on objective, transparent and non- discriminatory criteria taking particular account of all the costs and benefits associated with the connection of those producers to the grid and of the particular circumstances of producers located in peripheral regions and in regions of low population density. Those rules may provide for different types of connection.
Amendment 524 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 549 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. GIn order to maintain a stable regulatory framework for investors, 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 555 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4 a. Member States shall comply with the provisions of this article through the reporting process on the internal energy market as provided in the Regulation on the Governance of the Energy Union(Art. 21). They shall notably ensure that dispatching rules are fully transparent and market-based, and that the removal of priority dispatch for generating installations using renewable energy sources would not undermine their contribution to: (a) the EU target for 2030 as provided in the Directive on the promotion of the use of energy from renewable sources; (b) the reduction of the overall greenhouse gas emissions of the Union .
Amendment 563 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The resources curtailed or redispatched shall be selected amongst generation or demand facilities submitting offers for curtailment or redispatching using market-based mechanisms and be financially compensated. Non-market- based curtailment or redispatching of generation or redispatching of demand response shall only be used 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. 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. Self-generated electricity from generating installations using renewable energy sources by active customers, and electricity generated from installations using renewable sources by local energy communities, which is primarily intended the supply of its members, shall be entitled to elect whether to participate in market-based or non- market based mechanisms. To this effect, they shall not be required to submit of an offer for curtailment or redispatch. The decision not to participate in market- based mechanisms shall not preclude the active customer or local energy community from electing to participate in the future.
Amendment 573 #
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 onand ACER: (a) on the level of development and effectiveness of market-based curtailment or redispatching mechanisms for generation and demand facilities, (b) on the reasons, volumes and types of energy covered by curtailment or downward redispatching of generating installations using renewable energy sources or high-efficiency cogeneration (c) and on measures taken to reduce the need for such curtailment or downward redispatching in the future. (d) 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 units. Curtailment or redispatching of generating installations using renewable energy sources or high-efficiency cogeneration shall be subject to compensation pursuant to paragraph 6.
Amendment 581 #
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 with minimum possible curtailment or redispatching. That shall not prevent network planning by distribution system operator from taking into account limited curtailment or redispatching where this is shown to beit can demonstrate in a transparent way that it is more economically efficient and does not exceed 5 % of installed capacities using renewable energy sources or high- efficiency cogeneration in their areaat the connection point. Such decision should result from a voluntary agreement between the distribution system operator and the generator;
Amendment 601 #
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 highly disproportionate costs or severe risks to network security;
Amendment 609 #
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
(b) generating installations using high- efficiency cogeneration 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 617 #
Proposal for a regulation
Article 12 – paragraph 5 – point c
Article 12 – paragraph 5 – point c
(c) self-generated electricity from generating installations using renewable energy sourcies or high-efficiency cogeneration, for the amount which is not fed into the transmission or distribution network shall not be curtailed unless, based on conditions pre-determined by the national energy regulator through a consultation, no other solution would resolve network security issues;
Amendment 621 #
Proposal for a regulation
Article 12 – paragraph 5 – point c a (new)
Article 12 – paragraph 5 – point c a (new)
(c a) electricity generated from installations using renewable energy sources by renewable energy communities, which is intended for the consumption of its members, shall not be subject to downward redispatching or curtailment unless, based on conditions pre-determined by the national energy regulator through a consultation, no other solution would resolve network security issues;
Amendment 640 #
Proposal for a regulation
Article 12 – paragraph 6 – point b
Article 12 – paragraph 6 – point b
(b) 90 % 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 should be settled within a reasonable time after the curtailment has occurred
Amendment 648 #
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6 a. Member States shall ensure that the information reported under paragraph3 is reflected through the national reporting process on the internal energy market, as provided in the Governance Regulation (art.21).
Amendment 726 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Charges applied by network operators for access to networks , including charges for connection to the networks, charges for use of networks, and, where applicable, charges for related network reinforcements, shall be transparent, take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non-discriminatory manner. In particular, they shall be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level, either positively or negatiThey shall not be set at a level that hinders the development of production connected at the distribution levely. They shall not discriminate against energy storage and shall not create disincentives for participation in demand response or renewables self-consumption. Without prejudice to paragraph 3, those charges shall not be distance- related.
Amendment 740 #
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, foster market integration, including from renewable sources, and security of supply, and support investments and the related research activities.
Amendment 744 #
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 the amount of network losses and congestion caused, and investment costs and benefits for infrastructure and the system. It is not appropriate to apply locational signals for active consumers who cannot vary the location of their households.
Amendment 758 #
Proposal for a regulation
Article 16 – paragraph 7
Article 16 – paragraph 7
7. Distribution tariffs shall reflect the cost and benefits of use of the distribution network by system users including active customers, and may be differentiated based on system users’ consumption or generation profiles. Where Member States have implemented the deployment of smart metering systems, regulatory authorities shall endeavour to may introduce time differentiated network tariffs, reflecting the use of the network, in a transparent and foreseeable way for the consumer.
Amendment 769 #
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 all relevant costs in distribution tariffs and introduce performance targets in order to incentivise distribution system operators to raise efficiencies, including energy efficiency and flexibility, in their networks and promote the integration of energy from renewable sources.
Amendment 788 #
Proposal for a regulation
Article 16 – paragraph 9 – point g a (new)
Article 16 – paragraph 9 – point g a (new)
(ga) cost benefit analysis for distributed energy resources.
Amendment 855 #
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 905 #
Proposal for a regulation
Article 19 – paragraph 4 – point c
Article 19 – paragraph 4 – point c
(c) appropriately takes account of the contribution of all resources and their potential for technological advancement, including existing and future generation, energy storage, demand response, and import and export possibilities and their contribution to flexible system operation;
Amendment 925 #
6. The proposals under paragraphs 2 and 5, the scenario 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 relevant stakeholders and approval by the Agency under the procedure set out in Article 22.
Amendment 937 #
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 indicatto determinge their desired necessary level of security of supply in a transparent manner.
Amendment 941 #
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 and the need to avoid the negative impacts of environmentally harmful subsidies and market distortions via the creation of overcapacity.
Amendment 1019 #
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 introduce capacity mechanisms, subject to the provisions of this Article and to the Union State aid ruleshall prepare a plan providing for appropriate measures to address these concerns, to be implemented within a maximum period of five years.
Amendment 1025 #
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. The plan under paragraph 1 shall aim at structurally and permanently addressing a resource adequacy concern, in particular by planning support for, and investments in: a) additional renewable energy generation capacity; b) Energy efficiency; c) Demand side response; d) Storage; e) Interconnection.
Amendment 1027 #
Proposal for a regulation
Article 23 – paragraph 1 b (new)
Article 23 – paragraph 1 b (new)
1b. Pending the implementation of the plan under paragraph 1, Member States may introduce capacity mechanisms, subject to the provisions of this Article and to the Union State aid rules.
Amendment 1032 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Where a Member State wishes to implement a capacity mechanism, it shall consult on the proposed mechanism at least with all interested parties, including consumer organisations, and its electrically connected neighbouring Member States.
Amendment 1066 #
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 550 gr CO2/kWh. Generation capacity emitting 550 gr CO2/kWh or mshall only be eligible to participate in a capacity mechanism if: (a) its total greenhouse gas emissions per kilowatt hour of electricity produced in the installation do not exceed 350gof CO2 equivalent from [OP: date of entry into force shall not be committed in capacity mechanisms 5 years after the entry into force of this Regulationof this Regulation]; and (b) it is capable of ramping up and down on-load at least at the level 5% of their capacity per minute. Capacity providers must comply with EU Environmental Quality Standards and Best Available Techniques (BATs) to participate in capacity mechanisms.
Amendment 1104 #
Proposal for a regulation
Article 23 – paragraph 5 a (new)
Article 23 – paragraph 5 a (new)
5a. When designing capacity mechanisms, Member States shall have regard to the environmental objective of phasing out environmentally or economically harmful subsidies.
Amendment 1124 #
Proposal for a regulation
Article 27 – paragraph 1 – point c a (new)
Article 27 – paragraph 1 – point c a (new)
(c a) define the methodology for calculating future system flexibility requirements;
Amendment 1127 #
Proposal for a regulation
Article 27 – paragraph 1 – point c b (new)
Article 27 – paragraph 1 – point c b (new)
(c b) define guidance for establishing targets and trajectories for the development of demand response;
Amendment 1349 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2 – point c a (new)
Article 45 – paragraph 1 – subparagraph 2 – point c a (new)
(c a) identify any inconsistencies in the TSOs’ approach to calculating future system flexibility requirements and demand response capacity.It should also identify any cross-border implications created from potential deficiencies in system flexibility and provide advice to National Regulatory Authorities on best practices to develop additional flexibility resources.
Amendment 1361 #
Proposal for a regulation
Article 49
Article 49
Amendment 1378 #
Proposal for a regulation
Article 50
Article 50
Amendment 1403 #
Proposal for a regulation
Article 51
Article 51
Amendment 1439 #
Proposal for a regulation
Article 52
Article 52
Amendment 1447 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Transmission and distribution system operators shall cooperate in order to achieve coordinated access to resources such as distributed generation, energy storage or demand response that may support particular needs of both the distribution system and the transmission system. They must not sign contracts with providers of these resources that prevent them from selling their services in other markets.
Amendment 1455 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. The Commission may, subject to the empowerments in Articles 55 and 57, adopt delegated acts. Such delegated acts can either be adopted as network codes on the basis of text proposals developed by the ENTSO for Electricity, or, where so decided in the priority list pursuant to Article 55 paragraph 2, by the EU DSO entity and the Agency pursuant to the procedure in Article 55 or as guidelines pursuant to the procedure in Article 57.
Amendment 1493 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The Commission shall, after consulting the Agency, the ENTSO for Electricity and the other relevant stakeholders, establish a priority list every three years, identifying the areas set out in paragraph 1 to be included in the development of network codes. If the subject-matter of the network code is directly related to the operation of the distribution system and less relevant for the transmission system, the Commission may require the EU DSO entity for electricitAgency instead of the ENTSO for Electricity to convene a draftingstakeholder committee and submit a proposal for a network code to the agency.
Amendment 1497 #
Proposal for a regulation
Article 55 – paragraph 4
Article 55 – paragraph 4
4. The Agency shall formally consult the ENTSO for Electricity , the EU DSO entity, and the other relevant stakeholders in regard to the framework guideline, during a period of no less than two months, in an open and transparent manner.
Amendment 1500 #
Proposal for a regulation
Article 55 – paragraph 8
Article 55 – paragraph 8
8. The Commission shall request the ENTSO for Electricity or, where so decided in the priority list pursuant to paragraph 2, the EU DSO entity for Electricity , to submit a proposal for a network code which is in line with the relevant framework guideline, to the Agency within a reasonable period of time not exceeding 12 months.
Amendment 1504 #
Proposal for a regulation
Article 55 – paragraph 9
Article 55 – paragraph 9
9. The ENTSO for Electricity, or where so decided in the priority list pursuant to paragraph 2, the EU DSO entity, shall convene a draftingstakeholder committee to support it in the network code development process. The draftingstakeholder committee shall consist of representatives of the ENTSO for Electricity, the Agency, the EU DSO entity, where appropriaand of other affected stakeholders who are likely to have an interest in the network code, including distribution system ofperators, nominated electricity market operators and a limited number of the main affected stakeholders. The ENTSO for Electricity or where so decided in the priority list pursuant to paragraph 2 the EU DSO entsystem users, relevant industry associations, technical bodies and consumer associations. The ENTSO for Electricity, shall elaborate proposals for network codes in the areas referred to in paragraph 1 upon a request addressed to it by the Commission in accordance with paragraph 8.
Amendment 1507 #
Proposal for a regulation
Article 55 – paragraph 10
Article 55 – paragraph 10
10. The Agency shall revise the network code and ensure that the network code elaborated by the ENTSO for Electricity is in line with the relevant framework guideline and contributes to market integration, non-discrimination, effective competition, and the efficient functioning of the market and , submit the revised network code to the Commission within six months of the day of the receipt of the proposal . In the proposal submitted to the Commission, the Agency shall take into account the views provided by all involved parties during the drafting of the proposal led by the ENTSO for Electricity or the EU DSO entity and shall formally consult the relevant stakeholders on the version to be submitted to the Commission.
Amendment 1512 #
Proposal for a regulation
Article 55 – paragraph 11
Article 55 – paragraph 11
11. Where the ENTSO for Electricity or the EU DSO entity havehas failed to develop a network code within the period of time set by the Commission under paragraph 8, the Commission may request the Agency to prepare a draft network code on the basis of the relevant framework guideline. The Agency may launch a further consultation in the course of preparing a draft network code under this paragraph. The Agency shall submit a draft network code prepared under this paragraph to the Commission and may recommend that it be adopted.
Amendment 1515 #
Proposal for a regulation
Article 55 – paragraph 12
Article 55 – paragraph 12
12. The Commission may adopt, on its own initiative, where the ENTSO for Electricity or the EU DSO entitAgency have failed to develop a network code, or the Agency has failed to develop a draft network code as referred to in paragraph 11 of this Article, or upon recommendation of the Agency under paragraph 10 of this Article, one or more network codes in the areas listed in paragraph 1.
Amendment 1518 #
Proposal for a regulation
Article 55 – paragraph 13 a (new)
Article 55 – paragraph 13 a (new)
13 a. Where the subject-matter of the network code is directly related to the operation of the distribution system and less relevant for the transmission system, and where so decided in the priority list pursuant to paragraph 2, the Agency shall submit a proposal for a network code to the Commission within a reasonable period of time not exceeding 12 months. The Agency shall convene a stakeholder committee to support it in the network code development process. The stakeholder committee shall consist of representatives of the Agency, the ENTSO for Electricity, and other affected stakeholders who are likely to have an interest in the network code, including distribution system operators, nominated electricity market operators, system users, relevant industry associations, technical bodies and consumer platforms. The Agency shall ensure that the network code is in line with the relevant framework guideline and contributes to market integration, non-discrimination, effective competition, and the efficient functioning of the market and, submit the network code to the Commission. In the proposal submitted to the Commission, the Agency shall take into account the views provided by all involved parties during the drafting of the proposal and shall formally consult the relevant stakeholders on the version to be submitted to the Commission.
Amendment 1528 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. Draft amendments to any network code adopted under Article 55 may be proposed to the Agency by persons who are likely to have an interest in that network code, including the ENTSO for Electricity, the EU DSO entity, transmissransmission system operators, distribution system operators, system users and consumers. The Agency may also propose amendments on its own initiative.