Activities of Dario TAMBURRANO related to 2016/0030(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010 PDF (1 MB) DOC (230 KB)
Amendments (77)
Amendment 143 #
Proposal for a regulation
Recital 2
Recital 2
(2) A major disruption of the gas supply can affect allny Member States, the Union as a whole and or a group of them or the Union as a whole. It can also touch the Contracting Parties to the Treaty establishing the Energy Community, signed in Athens on 25 October 2005. ItSuch a disruption can also severely damage the Union economy and can have a major social impact, particularly on vulnerable groups of customers.
Amendment 146 #
Proposal for a regulation
Recital 3
Recital 3
(3) This Regulation aims to ensure that all the necessary measures are taken to safeguard an uninterrupted sufficient supply of gas throughout the Union, in particular toguaranteeing the respect of minimum standards, in particular to essential public services and protected customers, in the event of difficult climatic conditions or disruptions of the gas supply. These objectives should be achieved through the most cost-effective measures and in such a way thatmeasures intending to preserve an equilibrium of major societal needs, and in such a way that the daily normal functioning of energy markets are notis minimally distorted.
Amendment 151 #
Proposal for a regulation
Recital 5
Recital 5
(5) The Commission's Communication on the short-term resilience of the European gas system from October 201413 analysed the effects of a partial or complete disruption of gas supplies from Russiathe Ukrainian gas transit route as well as all Russian gas flows to Europe, including the combination with a cold weather spell, and concluded that purely national approaches are not very effective in the event of severe disruption, given their scope, which is by definition limitedlimited national scope. This stress test showed how a more cooperative approach among Member States could significantly reduce the impact of very severe disruption scenarios in the most vulnerable Member States. __________________ 13 COM(2014) 654 final COM(2014) 654 final
Amendment 158 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Commission Communication 'Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy'14 from February 2015, highlights the fact that the Energy Union rests on solidarity and trust, which are necessary features of all aspects of common life and accordingly also of energy security. This regulation should aim to boost solidarity and trust between the Member States and should put in place the measures needed to achieve these aims, thus paving the way for implementing the Energy Union. __________________ 14 Communication from the Commission to the European Parliament and the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank, COM(2015) 80 final.
Amendment 167 #
Proposal for a regulation
Recital 7
Recital 7
(7) An internal gas market that operates smoothly is, together with an energy system strongly oriented towards continuous improvement of efficiency and reduction of demand, are the best guarantees of security of energy supply across the Union and to reduce the exposure of individual Member States to the harmful effects of supply disruptions, both source- determined and transit-determined. Where a Member State's security of 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 States. 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, as regards both preventive action and the reaction to actual disruptions of supply.
Amendment 177 #
Proposal for a regulation
Recital 8
Recital 8
(8) So far, the potential for more efficient and less costlybetter balanced preventive measures through regional cooperation has not been fully exploited. This has to do not only with better coordination of national mitigation actions in emergency situations, but also of national preventive measures, such as national storageespecially with a more coordinated, systemic design of national preventive measures, such as energy efficiency and demand reduction plans, national storage, alternative connections and transit routes, plans for covering with electricity part of the energy demand usually met with gas, or policies related to liquefied natural gas (LNG), which can be strategically important in certain regions.
Amendment 184 #
Proposal for a regulation
Recital 9
Recital 9
(9) In a spirit of solidarity, enhanced regional cooperation, involving both public authorities and natural gas undertakings, should be the guiding principle of this Regulation, to identify the relevant risks in each region and optimise the benefits of coordinated measures to mitigate them and to implement the most cost-effectivebalanced measures for Union consumers.
Amendment 190 #
Proposal for a regulation
Recital 10
Recital 10
(10) Certain customers, including households and customerinstitutions or agencies providing essential social services, are particularly vulnerable to crises and may need social protection. A definition of such protected customers should not conflict with the Union solidarity mechanisms; on the contrary, it is essential in order to implement the principles of solidarity and trust in a meaningful way.
Amendment 204 #
Proposal for a regulation
Recital 14
Recital 14
(14) Regulation (EU) No 994/2010 requires transmission system operators to enable permanent bi-directional capacity on all cross-border interconnections unless an exemption has been granted from this obligation. It aims to ensure that the possible benefits of permanent bi- directional capacity are always taken into account when a new interconnector is planned. However, bi-directional capacity can be used to supply gas both to the neighbouring Member State and to others along the gas supply corridor. The benefits for security of supply of enabling permanent bi-directional capacity thus need to be seen in a broader perspective, in a spirit of solidarity and enhanced cooperation. A comprehensive cost-benefit analysis, duly encompassing major externalities, that takes account of the whole transportation corridor should therefore be conducted when considering whether to implement bi- directional capacity. The competent authorities should accordingly be required to re-examine the exemptions granted under Regulation (EU) 994/2010 on the basis of the results of the regional risk assessments.
Amendment 207 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Regulation lays down security of supply standards that are sufficiently harmonised and cover at least the situation that occurred in January 2009 when, gas supply from Russia was disrupteda consequence of the unpaid accumulated debt for previous gas supplies of the national Ukrainian gas and oil company, and after a series of failed negotiations, Russia cut off supplies to Ukraine. These standards take account of the difference between Member States, public service obligations and customer protection measures, as referred to in Article 3 of Directive 2009/73/EC. Security of supply standards, combining analysis of source- based and transit-based dimensions, should be stable, so as to provide the necessary legal certainty, should be clearly defined, and should not impose unreasonable and disproportionate burdens on natural gas undertakings. They should also guarantee equal access for the Union natural gas undertakings to national customers.
Amendment 217 #
Proposal for a regulation
Recital 18
Recital 18
(18) The regions are to be defined, as far as possible, on the basis ofshould be inspired in existing regional cooperation structures set up by the Member States and the Commission, in particular the regional groups set up under Regulation (EU) 347/2013 on guidelines for trans-European energy infrastructure17 (the TEN-E Regulation). However, since this Regulation and the TEN-E Regulation have different aims, the respective regional groups may differ in size and design. __________________ 17 , allowing for justified differences in group size or design, and for a pragmatic evolution of the definition of regions. The elasticity of the cooperation structures must be able to accommodate the needs of both Member States not sharing a border but included in the same region, and Member States sharing a border but not included in the same region. __________________ 17 Regulation (EU) No 347/2013 of the Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulation (EC) No 713/2009, (EC) 714/2009 and (EC) No 715/2009 (OJ EU L 115 of 25.4.2013, p. 39).
Amendment 229 #
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 defining the regional groups: supply patterns, existing and planned interconnections and interconnection capacity between Member States in the same interconnected system, market development and maturity, existing regional cooperation structures, and the number of Member States in a region, which should be limited to ensure that the group remains of a manageable size.
Amendment 234 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to make the regional cooperation feasible, Member States shouldbelonging to every defined region should take prompt initiatives aimed to establishing a cooperation mechanism within each region. Such mechanism or mechanisms should be developed with sufficiently in lead-time to allow for conducting the risk assessment and drawing up meaningful plans at regional level. Member States are free to agree on athe kind of cooperation mechanism best suited for atheir given region. The Commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies. In absence of an agreement on the cooperation mechanism, the Commission may propose a suitable cooperation mechanism for a given region.
Amendment 244 #
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 under a coordinated analysis model all main natural, technological, commercial, financial, social, politicalenvironmental, political, community-related and market- related risks, and any other relevant ones, including. The analysis model should include, where appropriate, the disruption of the supplies from the single largest supplier, or the disruption of the most important transit ways. All risks should be addressed by effective, proportionate and non- discriminatory measures to be developed in the preventive action plan and the emergency plan. The results of the risk assessments should also contribute to the all hazard risk assessments foreseen under article 6 of Decision No 1313/2013/EU18 . __________________ 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 250 #
Proposal for a regulation
Recital 22
Recital 22
(22) To provide input to the risk assessments, the European Network of Transmission System Operators for Gas ('ENTSO for gas'), in consultation with the Gas Coordination Group and with the European Network of Transmission System Operators for Electricity (ENTSO- E), should carry out Union-wide simulations similar to the stress test conducted in 2014. Furthermore, the Commission should ensure that such risk assessments cover at least the risks highlighted in the Special Report 2015/16 "Improving the security of energy supply by developing the internal energy market: more efforts needed", of the European Court of Auditors.
Amendment 261 #
Proposal for a regulation
Recital 24
Recital 24
(24) The roles and responsibilities of all natural gas undertakings and competent authorities should therefore be defined precisely in order to keep the internal gas market functioning properly, particularly in the event of supply or transit disruptions and crises. Such roles and responsibilities should be established in such a way as to ensure that a three-level approach is respected which would involve first the relevant natural gas undertakings and industry, then Member States at national or regional level, and then the Union. This Regulation should enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with the less severe disruptions. However, it should also provide for emergency security mechanisms that can be deployed when markets alone are no longer able to deal adequately with a severe gas supply disruption.
Amendment 264 #
Proposal for a regulation
Recital 25
Recital 25
(25) In the event of a supply or transit crisis, market players should be given sufficient opportunity to respond to the situation with market-based measures. Where marketthese measures have been exhausted and they are still insufficientalone cannot cope with the crisis, Member States and their competent authorities should take additional measures to remove or mitigate the effects of the supply crisisdisruption.
Amendment 267 #
Proposal for a regulation
Recital 26
Recital 26
(26) Whenever Member States plan to introduce non-market-based measures, such measures should be accompanied by a complete description of their impact, including but not limited to the economic impactone. This ensures customers have the information they need about the costs of such measures and ensures that the measures are transparent, especially as regards their overall burden on society and their share in the gas price.
Amendment 269 #
Proposal for a regulation
Recital 27
Recital 27
(27) In March 2015, the European Council called for options for voluntary demand aggregation mechanisms to be assessed in full compliance with World Trade Organisation ('WTO') law and Union competition rules. This would enable Member States and natural gas undertakings to explore the potential benefits of collective purchasing of natural gas as a way of addressing supply shortage situations in line with those rules. This said, it must be considered that a severe disruption crisis, qualified by a Member State as an emergency in accordance with the plans developed in accordance with this Regulation, should override Union competition rules and WTO rules.
Amendment 272 #
Proposal for a regulation
Recital 28
Recital 28
(28) Demand-side measures, such as fuel switching or reducing the gas supply to large industrial consumers in an economically efficient order, may have a valuable role to play in ensuring energy security, if they can be applied quickly and significantly reduce demand in response to a supply or transit disruption. More should be done toIn this context, the promoteion of efficient energy use, particularly where demand-side measures are needed. The environmental and of demand reduction must be considered as a security priority. The environmental, social and competitiveness impact of any demand and supply-side measures proposed must be assessed in an integrated way and taken into account, with preference being given, as far as possible, to to the set of measures that have least impact on the environment. At the same time, security of supply and competitiveness aspects must be taken into accouncomprehensive impact.
Amendment 275 #
Proposal for a regulation
Recital 30
Recital 30
(30) Low calorific gas, which is supplied in certain regions in the Union. Given its characteristics, it, cannot be used in appliances designed for high calorific gas. It is, however, possible to useconvert high calorific gas for use in appliances designed for low calorific gas, provided that it has been converted into low calorific gas, for instance by adding nitrogen. The specific characteristics of low calorific gas should be considered at national and regional levels and should be taken into account in the risk assessment and the preventive action and emergency plans.
Amendment 276 #
Proposal for a regulation
Recital 31
Recital 31
(31) It is necessary to ensure the predictability ofmake previously known the action tohat shall be taken in the event of an emergency, allowing all market participants sufficient opportunity to react and also prepare for such circumstances. As a rule, the competent authorities should therefore abide by their emergency plan. In duly justified exceptional circumstances, they should be allowed to take action which deviates from those plans. It is also important to make the way in which emergencies are announced more transparent and predictablen any event, authorities must ensure that exhaustive records are maintained of the circumstances and steps taken in the declaration, announcement and management of emergencies, to make them available, if necessary, for public and judicial ex-post scrutiny, in order to preserve the rights of all parties affected. Information on the system balancing position (the overall status of the transmission network), the framework for which is set out in Commission Regulation (EU) No 312/201419 , may play an important role in this regard. That information should be available to competent authorities and the national regulatory authorities, if the latter are not the competent authority on a real time basis. __________________ 19 Commission Regulation (EU) No 312/2014 of 26 March 2014 establishing a Network Code on Gas Balancing of Transmission Networks (OJ L 91, 27.3.2014, p.15).
Amendment 281 #
Proposal for a regulation
Recital 32
Recital 32
(32) The preventive action plans and emergency plans should be updated regularly and published. They should be subject to peer review, under rules established and monitored by the Commission. The peer review process allows for early identification of inconsistencies and measures that could endanger other Member States' security of supply, thereby ensuring that plans from different regions are consistent with one another. It also enables Member States to share best practice.
Amendment 283 #
Proposal for a regulation
Recital 33
Recital 33
(33) To ensure that the emergency plans are always up-to-date and effective, Member States should carry out tests between the updates of the plans by simulating high and medium-impact scenarios and responses in real time. Observers of other Member States of the Group and of other regions should be invited to these exercises. The competent authorities should present the test results at the Gas Coordination Group.
Amendment 287 #
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 emergency plans are needed to facilitate the risk assessment and preparation of the plans, their peer review and their assessment by the Commission. Where appropriate, templates should be updated taking into account the results of the ex-post reviews.
Amendment 289 #
Proposal for a regulation
Recital 35
Recital 35
(35) To facilitate communication between Member States and the Commission, the risk assessments, the preventive action plans, the emergency plans and all other documents and information exchanges covered by this Regulation must be notified using a secure and standardised electronic notification system.
Amendment 296 #
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, all Member States in the same interconnected system and which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid. Secondly, if the first step fails to provide the necessary supply, further measures by neighbouring Member States in the same interconnected system, even if not in an emergency situation, should be triggered 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 ofa minimum impact on the interrupted customers and the natural gas undertakings.
Amendment 301 #
Proposal for a regulation
Recital 37
Recital 37
(37) European solidarity should also, where and as promptly as needed, take the form of urgent and thorough civil protection assistance provided by the Union and its Member States. Such assistance should be facilitated and coordinated by the Union Civil Protection Mechanism established by Decision No 1313/2013/EU of the European Parliament and of the Council20 aiming to strengthen the cooperation between the Union and the Member States and to facilitate coordination in the field of civil protection in order to improve the effectiveness of systems for preventing, preparing for, and responding to natural and man-made disasters. __________________ 20 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 303 #
Proposal for a regulation
Recital 38
Recital 38
(38) To assess the security of supply situation of a given Member State or region or of the Union, access to the relevant information is essential. In particular, Member States and the Commission need regular access to information from natural gas undertakings regarding the main parameters of the gas supply, including accurate measures of the available stored reserves, as a fundamental input in the design of the security of supply policies. Under duly justified circumstances, irrespective of a declaration of emergency, access should also be possible to additional information needed to assess the overall gas supply situation. That additional information would typically be non-price- related gas delivery information, e.g. minimum and maximum gas volumes, delivery points or supply margins. It could, for example, be requested in the event of changes in the pattern of the gas supply to a given buyer or buyers in a Member State which would not be expected if the markets were functioning normally and which could affect the gas supply of the Union or parts of it. In an event of emergency, management of natural gas undertakings should be under legal obligation to obey the instructions of the authorities.
Amendment 317 #
Proposal for a regulation
Recital 40
Recital 40
(40) The Gas Coordination Group should act as an adviser to the Commission to help coordinate and monitor security of supply measures in the event of a Union emergency. It should also monitorWhen requested to do so, it should also issue opinions about the adequacy and appropriateness of measures to be taken under this Regulation, including the consistency of preventive action plans and emergency plans drawn up by different regions and reviewed by teams of peers.
Amendment 321 #
Proposal for a regulation
Recital 41
Recital 41
(41) One of the Union goals is to strengthen the Energy Community that would ensure effective implementation of the Union energy acquis, energy market reforms, enforceable agreements which enhance the security of supply and transit through these countries, and incentivising investments in the energy sector by closergradual integration of the Union and Energy Community energy markets. This entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the Energy Community Contracting Parties. Furthermore, the Commission Communication 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 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 327 #
Proposal for a regulation
Recital 42
Recital 42
(42) Since gas supplies from third countries or gas transit through them are central to the security of the Union gas supply, the Commission should coordinate action with regard to third countries, work with supplying and transit countries on arrangements to handle crisis situations and ensure a stable gas flow to the Union. The Commission should be entitledconclude agreements allowing it to deploy a task force to monitor gas flows into the Union in crisis situations, in consultation with the third countries involved, and, where a crisis arises from difficulties in a third country, to act as mediator and facilitator.
Amendment 332 #
Proposal for a regulation
Recital 44
Recital 44
(44) The Member States acting on their own cannot satisfactorily achieve the objective of this Regulation, namely to guarantee a secure gas supply within the Union. Given the scale or effects of the action, it is better achieved at Union level. The Union may therefore adopt measures, in accordance with the principle of subsidiarity set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective. Taking into account the competences of the Member States in the field of energy, the continued respect of the principles of subsidiarity and proportionality, in view of changing circumstances and taking into account the actual implementing actions, should be attentively assessed when periodically evaluating the Regulation.
Amendment 343 #
Proposal for a regulation
Article 1
Article 1
This Regulation establishes provisions aimed at safeguarding the security of gas supply by ensuring the proper and continuous functioning of the internal market in natural gas ("gas"), by allowing for exceptional measures to be implemented when the market can no longer deliver the required gas supplies and by providing for a clear definition and attribution of responsibilities among natural gas undertakings, the Member States and the Union regarding both preventive action and the reaction to concrete disruptions of supply, either at the source or on transit. This Regulation also provides transparent mechanisms, in a spirit of solidarity, for the coordination of planning for, and response to, an emergency at Member State, regional and Union levels.
Amendment 357 #
Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – point a
Article 2 – subparagraph 2 – point 1 – point a
(a) a small or medium-sized enterprise, provided that it is connected to a gas distribution network, or an essential social service, provided that it is connected to a gas distribution or transmission network, and provided that such enterprises or services do not represent jointly more than 20 % of the total annual final gas consumption in that Member State;
Amendment 366 #
Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – point b
Article 2 – subparagraph 2 – point 1 – point b
(b) a district heating installation to the extent that it delivers heating to household customers or to the enterprises or services referred to in point (a) and provided that such installation is not able to switch to other fuels and is connected to a gas distribution or transmission network;
Amendment 367 #
Proposal for a regulation
Article 2 – subparagraph 2 – point 1 – point b a (new)
Article 2 – subparagraph 2 – point 1 – point b a (new)
(ba) a small or medium-sized enterprise, provided that it is connected to a gas distribution network, and provided that such enterprises do not represent jointly more than 20 % of the total annual final gas consumption in that Member State;
Amendment 379 #
Proposal for a regulation
Article 2 – subparagraph 2 – point 3 a (new)
Article 2 – subparagraph 2 – point 3 a (new)
(3a) 'competent authority' means a national governmental authority or a national regulatory authority designated by a Member State in accordance with Article 3(2);
Amendment 389 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. The measures to ensure the security of supply contained in the preventive action plans and in the emergency plans shall be clearly defined, transparent, proportionate, non-discriminatory and verifiable, shall be designed with the highest consideration of the principle of solidarity, shall not unduly distort competition and the effective functioning of the internal market in gas and shall not endanger the security of gas supply of other Member States or of the Union as a whole.
Amendment 397 #
Proposal for a regulation
Article 3 – paragraph 7 – point b
Article 3 – paragraph 7 – point b
(b) existing and planned interconnections and interconnection capacity between Member States in the same interconnected system as well as the supply patterns;
Amendment 399 #
Proposal for a regulation
Article 3 – paragraph 7 – point f a (new)
Article 3 – paragraph 7 – point f a (new)
(fa) natural gas sources and transit routes currently used to cover a major share of their demand;
Amendment 408 #
Proposal for a regulation
Article 3 – paragraph 7 a (new)
Article 3 – paragraph 7 a (new)
7a. The composition of regions shall be assessed by the Commission when the evaluation of the regulation is conducted, after 6 years, taking into account the effective results reached in the enhancement of its solidarity and security goals, their overall impact, and the efficiency in the use of resources.
Amendment 414 #
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
where an exemption from that obligation has been granted, after detailed assessment and consultation with other Member States of the region and with the Commission.
Amendment 426 #
Proposal for a regulation
Article 4 – paragraph 8 – subparagraph 2
Article 4 – paragraph 8 – subparagraph 2
Luxembourg, Slovenia and Sweden shall ensure, in a transparent, detailed and non- discriminatory manner, regular marketcomprehensive testing for investments in infrastructure, including environmental, social and market considerations, and make public the results of those tests. They shall inform the Commission of any change in respect of the conditions set out in that subparagraph. The exception laid down in the first subparagraph shall cease to apply where at least one of those conditions is no longer fulfilled.
Amendment 427 #
Proposal for a regulation
Article 4 – paragraph 8 – subparagraph 3
Article 4 – paragraph 8 – subparagraph 3
By 3 December 2018, Luxembourg, Slovenia and Sweden shall transmit a report to the Commission describing the situation with respect to the respective conditions set out in that subparagraph and the prospects for the compliance with the obligation in paragraph 1, taking into account the overall environmental, social and economic impact of meeting the infrastructure standard, the results of the marketcomprehensive testing and the gas market development and gas infrastructure projects in the region. On the basis of the report and if the respective conditions set out in the first subparagraph are still met, the Commission may decide that the exception can continue to apply for four more years. In the event of a positive decision, the procedure set out in this subparagraph shall be repeated after four years.
Amendment 471 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The competent authorities of each region as listed in Annex I shall jointly make an assessment at regional level of all risks affecting the security of gas supply. The assessment shall take into account all relevant risks such as natural disasters, environmental, technological, commercial, social, political and other risks. The risk assessment shall be carried out by:
Amendment 484 #
Proposal for a regulation
Article 6 – paragraph 1 – point c – point ii
Article 6 – paragraph 1 – point c – point ii
(ii) disruption of supplies from third country supplierources or in transit through third countries, as well as, where appropriate, geopolitical risks, with special emphasis on preserving peace within the immediate neighbours of the Union;
Amendment 497 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The competent authorities within each region shall agree on a cooperation mechanism to conduct the risk assessment within the deadline provided for in paragraph 5 of this Article. Competent authorities shall report todecide whether to consult with the Gas Coordination Group on the agreed cooperation mechanism for conducting the risk assessment 18 months before the deadline for the adoption of the risk assessment and the updates of the risk assessment. The Commission may have a facilitating role overall in the preparation of the risk assessment, in particular for the establishment of the cooperation mechanism. If competent authorities within a region do not agree on a cooperation mechanism, the Commission may propose a cooperation mechanism for that region.
Amendment 514 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. By 1 November 2017 ENTSO for Gas shall carry out a Union wide simulation of supply and infrastructure disruption scenarios. The scenarios shall be defined by ENTSO for Gas in consultation with the Gas Coordination Group. The competent authorities shall provide ENTSO for Gas with the necessary data for the simulations such as peak demand valuhistoric demand values, and justified estimates for the peak values to be expected, expected evolution of demand reduction and efficiency measures, production capacity and demand side measures. The competent authorities shall take into account the results of the simulations for the preparation of the risk assessments, preventive action plans and emergency plans. The Union-wide simulation of supply, transit and infrastructure disruption scenarios shall be updated every four years unless circumstances warrant more frequent updates.
Amendment 531 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) an emergency plan containing the measures to be taken to remove or mitigate the impact of a source-caused or transit- caused gas supply disruption in the region, including events of purely national dimension, in accordance with Article 9.
Amendment 543 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Competent authorities shall regularly report to the Gas Coordination GroupCommission on the progress achieved on the preparation and adoption of the preventive action plans and the emergency plans. In particular competent authorities shall report to the Gas Coordination Group on the agreed cooperation mechanism 18 months before the deadline for the adoption of the plans and the updates of the plans. The Commission may have a facilitating role overallconsult the Gas Coordination Group in the preparation of the plans, in particular for the establishment of the cooperation mechanism. If competent authorities within a region do not agree on a cooperation mechanism, the Commission may propose a cooperation mechanism for that region. They shall ensure the regular monitoring of the implementation of such plans.
Amendment 549 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The preventive action plans and emergency plans shall be adopted by all Member States in the region, made public and notified to the Commission no later than on 1 March 2019. Such notification shall take place once the plans have been adopted by all Member States in the region. The Commission shall informmay consult with the Gas Coordination Group about the notificationcharacteristics of the plans and publish them on the Commission website.
Amendment 551 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
Within four months of the notification by the competent authorities, the Commission shall assess those plans duly taking into account the peer review and the views expressed inby the Gas Coordination Group. Annex VI shall apply for the procedure to carry out peer reviews.
Amendment 560 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point c
Article 7 – paragraph 5 – subparagraph 2 – point c
(c) may distort competition or hamper the functioning of the internal energy marketreflect insufficiently the solidarity principle or hamper the achievement of the comprehensive objectives of the Energy Union;
Amendment 572 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2
Article 7 – paragraph 6 – subparagraph 2
In the event of disagreement, the Commission may, within three months of the reply of the competent authorities, take a decision requiring the amendrefer the disagreement tof the relevant plan. The competent authorities shall adopt and publish the plan within three months of the notification of Commission deciscoordination mechanism established for the region.
Amendment 582 #
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the measures, volumes and capacities needed to fulfil the infrastructure and supply standards in each Member State of the region, as laid down in Articles 4 and 5, including where applicable, the extent to which demand-efficiency and demand- reduction measures, plus other demand- side measures can sufficiently compensate, in a timely manner, for a supply disruption as referred to in Article 4(2), the identification of the single largest gas infrastructure of common interest in the case of application of Article 4(3), the necessary gas volumes per category of protected customers and per scenario as referred to in Article 5(1) and any increased supply standard under Article 5(2), including a justification of the compliance with the conditions set in Article 5(2) and a description of a mechanism to temporarily reduce any increased supply standard or additional obligation in accordance with Article 12;
Amendment 590 #
Proposal for a regulation
Article 8 – paragraph 1 – point f
Article 8 – paragraph 1 – point f
(f) information on the economic impact,comprehensive impact of the plan from the environmental, social and economic perspectives, and on the effectiveness and efficiency of the measures contained in the plan, including the obligations referred to in point (k);
Amendment 594 #
Proposal for a regulation
Article 8 – paragraph 1 – point h
Article 8 – paragraph 1 – point h
Amendment 603 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The preventive action plan shall be based primarily on market measures, as long as they are capable to deal with the risks to be mitigated, and shall not put an undue burden on natural gas undertakings, or have an unjustified negatively impact on the functioning of the internal market in gas.
Amendment 616 #
Proposal for a regulation
Article 8 – paragraph 4 – point g
Article 8 – paragraph 4 – point g
(g) phase-out strategy, including a precise description of the conditions to be met for phasing the preventive measure out, the expected duration of the envisaged measure and an appropriate review calendar.
Amendment 619 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
The analysis referred to in points (a) and (b)impact assessment shall be carried out by the national regulatory authorities. for points (c) to (g), they will take into account the views expressed by the regional coordination mechanism and by the Commission.
Amendment 625 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2 – introductory part
Article 8 – paragraph 5 – subparagraph 2 – introductory part
The Commission may take a decision requiringjustified decision asking the Member State to consider the amendment or withdrawal of a measure where a measure is:
Amendment 637 #
Proposal for a regulation
Article 9 – paragraph 1 – point f
Article 9 – paragraph 1 – point f
(f) establish detailed procedures and measures to be followed for each crisis level, including the corresponding schemes on information flows, which must foresee secured records to be kept of all decisions and actions adopted during the emergency period;
Amendment 643 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The measures, actions and procedures contained in the emergency plan shall be tested at least twice between its regular four-year updates referred to in paragraph 3. In order to test the emergency plan, Member States shall simulate high and medium impact scenarios and responses in real time in accordance with their emergency plan. The results of the tests shall be presented ato the Gas Coordination GroupCommission by the competent authorities.
Amendment 655 #
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 2
Article 10 – paragraph 5 – subparagraph 2
Within three days of the notification of the Commission request, the competent authority shall modify the measures and notify the Commission thereof, or shall inform the Commission of the reasons for which it does not agree with the request. In that case, the Commission may within three days amend or withdraw its request or, in order to consider the issue, convenealert the competent authority or, where appropriate, the competent authorities concerned, and convene, where the Commission deems it necessary, the Gas Coordination Group. The Commission shall set out its detailed reasoning for requesting any changes to the action. The competent authority shall take full account of the position of the Commission. Where the final decision of the competent authority diverges from the Commission position, the competent authority shall provide the reasoning underlying such decision.
Amendment 661 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shallmay convene the Gas Coordination Group as soon as it declares a regional or Union emergency. During the regional or Union emergency, at the request of at least three Member States, the Commission may restrict participation in the Gas Coordination Group, for an entire meeting or part thereof, to the representatives of the Member States and the competent authorities.
Amendment 663 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The Commission may convene a crisis management group composed of the crisis managers referred to in point (g) of Article 9(1), of the Member States concerned by the emergency. The Commission, in agreement with the crisis managers, may invite other relevant stakeholders to participate. The Commission shall ensure thatmay inform the Gas Coordination Group is regularly informed about the work undertaken by the crisis management group.
Amendment 667 #
Proposal for a regulation
Article 11 – paragraph 6 – subparagraph 2
Article 11 – paragraph 6 – subparagraph 2
Within three days of notification of the Commission request, the Member State or the competent authority shall change itsshall take action and notify the Commission or shall set out to the Commission the reasons for which it does not agree with the request. In that case, the Commission may within three days amend or withdraw its request or convene the Member State or the competent authority and, where the Commission deems it necessary, the Gas Coordination Group in order to consider the issue. The Commission shall set out its detailed reasoning for requesting any changes to the action. The Member State or the competent authority shall take full account of the position of the Commission. Where the final decision of the competent authority or the Member State diverges from the Commission position, the competent authority or the Member State shall provide the reasoning underlying such decision.
Amendment 688 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
As long as the supply to households, essential social services and district heating installations in the Member State having declared the emergency is not satisfied, despite the application of the measure in paragraph 1, the gas supply to customers other than households, essential social services and district heating installations in any other Member State, directly connected to the Member State in the same interconnected system which declared the emergency, shall not continue to the extent necessary to supply the households, essential social services and district heating installations in the Member States having declared the emergency.
Amendment 707 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The technical, legal and financial arrangements for the application of paragraph 3 shall be agreed among the Member States which are directly connected to each otherin the same interconnected system and described in the emergency plans of their respective regions. Such arrangements may cover, among others, gas prices to be applied, use of interconnectors, including bi-directional capacity, gas volumes and the coverage of compensation costs. MAs long as they are able to cope with the crisis, market-based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3. In case the technical, legal and financial arrangements necessary to apply paragraph 3 are amended, the relevant emergency plan shall be updated accordingly.
Amendment 718 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
After an emergency, the competent authority shall, as soon as possible and at the latest six weeks after the lifting of the emergency, provide to the Commission a detailed assessment of the emergency and the effectiveness of the implemented measures, including an assessment of the economic impact of the emergency, the impact on the electricity sector and the assistance provided to or received from, the Union and its Member States. Such assessment shallmay be made available by the Commission to the Gas Coordination Group and shall be reflected in the updates of the preventive action plans and the emergency plans.
Amendment 719 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 2
Article 13 – paragraph 3 – subparagraph 2
The Commission shall analyse the assessments of the competent authorities and shall inform the Member States, and the European Parliament and the Gas Coordination Group of the results of its analysis in an aggregated form.
Amendment 767 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. A Gas Coordination Group is established to facilitate the coordinatadvise the Commission of n measures concerning security of gas supply. The Group shall be composed of representatives of the Member States, in particular of their competent authorities, as well as the Agency for the Cooperation of Energy Regulators (the "Agency"), the ENTSO for Gas and representative bodies of the industry concerned and those of relevant customers. The Commission shall, in consultation with the Member States, decide on the composition of the Group, ensuring it is fully representative. The Commission shall chair the Group. The Group shall adopt its rules of procedure.
Amendment 777 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Following the notification of the Energy Community Secretariat, the Commission takes a decision confirmingshall assess the effective implementation of the Act notified and, taking into account of the comprehensive compliance demonstrated by the Energy Community Contracting Party, decides on the applicability of reciprocal obligations between the Member States and the Energy Community Contracting Party in view of application of this paragraph,. In case of a positive decision, the Commission shall indicatinge the date as of which these mutual obligations apply. In case of a negative decision, the Commission shall provide a detailed justification concerning the non- compliances motivating it.
Amendment 779 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2 a (new)
Article 15 – paragraph 1 – subparagraph 2 a (new)
The Commission shall develop specific rules of procedure to ensure that the notifications of Energy Community Contracting parties that have the status of candidates for accession shall be treated appropriately in coherence with the development of the accession dossier.
Amendment 780 #
Proposal for a regulation
Article 16 – subparagraph 1
Article 16 – subparagraph 1
The Commission shall carry out continuous monitoring of the security of gas supply measures and report regularly tomay share the corresponding information with the Gas Coordination Group.
Amendment 844 #
Proposal for a regulation
Annex IV – point 3 – indent 1
Annex IV – point 3 – indent 1
- Gas disruption from third countries because of different reasons, distinguishing source-based reasons from transit-based reasons