Activities of Morten PETERSEN related to 2023/0077(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) 2019/943 and (EU) 2019/942 as well as Directives (EU) 2018/2001 and (EU) 2019/944 to improve the Union’s electricity market design
Amendments (72)
Amendment 202 #
Proposal for a regulation
Recital 6
Recital 6
(6) A well-integrated market which builds on the Clean Energy for all Europeans Package adopted in 2018 and 201926 should allow the Union to reap the economic benefits of a single energy market in normal market circumstances, ensuring security of supply and sustaining the decarbonisation process. Cross-border interconnectivity also ensures safer, more reliable and efficient operation of the power system. To this end, the Commission should consider how to improve monitoring and enforcement of the 2019 Electricity Market Regulations, including the obligation to make 70% of interconnector capacity available for cross-border trade. Furthermore, the Commission should consider to increase the 70% obligation, and limit possible derogations, to make the electricity market fit for an energy system primarily based on renewable energy, which merits a need for better interconnection to sustain a high security of supply. _________________ 26 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, OJ L 328, 21.12.2018, p. 1; Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (recast), OJ L 328, 21.12.2018, p. 82; Directive (EU) 2018/2002 of the European Parliament and of the Council of 11 December 2018 amending Directive 2012/27/EU on energy efficiency, OJ L 328, 21.12.2018, p. 210; Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 2019 establishing a European Union Agency for the Cooperation of Energy Regulators (recast), OJ L 158, 14.6.2019, p. 22; Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast), OJ L 158, 14.6.2019, p. 54; Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity (recast), OJ L 158, 14.6.2019, p. 125.
Amendment 225 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Member States should design their bidding zones to reflect the physical reality of the transmission grid. This is important as the electricity demand of the EU is expected to double en route to climate neutrality. Moreover, if green hydrogen is to develop into industrial scale, the need for well-designed bidding zones increases further. If green hydrogen production is placed nearby renewable energy facilities, it could ease the pressure on transmission grids. Conversely, if operators place green hydrogen production nearby consumption centres, which they are incentivized to do, if bidding zones do not reflect the physical reality, it could double the pressure on transmissions grids.
Amendment 226 #
Proposal for a regulation
Recital 16
Recital 16
Amendment 231 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to be able to actively participate in the electricity markets and to provide their flexibility, consumers are progressively equipped with smart metering systems. However, iConsumers shall also have the right to receive a dedicated metering device so that they can engage with their flexible loads in demand response, independently from being already equipped with a smart metering system. In a number of Member States the roll-out of smart metering systems is still slow. In those instances where smart metering systems are not yet installed and in instances where smart metering systems do not provide for the sufficient level of data granularity, transmission and distribution system operators should be able to use data from dedicated metering devices for the observability and settlement of flexibility services such as demand response and energy storage. Enabling the use of data from dedicated metering devices for observability and settlement should facilitate the active participation of the consumers in the market and the development of their demand response. The use of data from these dedicated metering devices should be accompanied by quality requirements relating to the data.
Amendment 250 #
Proposal for a regulation
Recital 21
Recital 21
(21) To enhance the possibilities of market participants for hedging, the role of the single allocation platform established in accordance with Commission Regulation (EU) 2016/1719 should be expanded. The single allocation platform should offer trading of financial long-term transmission rights between the different bidding zones and the regional virtual hubs. The orders submitted by market participants for financial transmission rights shall be matched by a simultaneous allocation of long term cross zonal capacity. Such matching and allocation should be performed on a fregularquent basis, to ensure enough liquidity and, hence, efficient hedging possibilities to market participants. The long-term transmission rights should be issued with frequdifferent maturities (ranging from month ahead to at least three years ahead), in order to be aligned with the typical hedging time horizon of market participants. The single allocation platform should be subject to monitoring and enforcement to ensure that it performs its tasks properly.
Amendment 255 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Network tariff structures must be designed in a way that guarantees that the economic regulation of grid operators is dependable, stable and with sufficient economic return (WACC) that ensures enough investments and sector investability. Any provisions in the existing national regulatory regimes in the tariff design that hamper the necessary network expansion and digitalization must be removed.
Amendment 260 #
Proposal for a regulation
Recital 23
Recital 23
(23) Offshore renewable energy sources, such as offshore wind, ocean energy and floating photovoltaic, will play an instrumental role in building a power system largely based on renewables and in ensuring climate neutrality by 2050. There are, however, substantial obstacles to their wider and efficient deployment preventing the massive scale up needed to achieve those objectives. Similar obstacles could arise for other offshore technologies in the future. These obstacles include investment risks associated with the unique topographical situation of offshore hybrid projects connected to more than one market. In order to reduce investment risk for these offshore project developers and to ensure that the projects in an offshore bidding zone have full market access to the surrounding markets, transmission system operators should guarantee access of the offshore project to the capacity of the respective hybrid interconnector for all market time units. If the available transmission capacities are reduced to the extent that the full amount of electricity generation that the offshore project would have otherwise been able to export cannot be delivered to the market, the offshore generator should be compensated for the commensurate revenue loss. To that end the transmission system operator or operators responsible for the need to limit the capacity shouldall, in future, be enabled to contribute to the compensateion of the offshore project operator commensurately using congestion income, which is earned additionally on the interconnector due to the capacity restriction. This compensation should only be related to the production capability available to the market, which may be weather dependent and excludes the outage and maintenance operations of the offshore project. The details, including the conditions under which the measure may expire, are intended to be defined in an implementing Regulation.
Amendment 263 #
Proposal for a regulation
Recital 26
Recital 26
(26) To reach the Union’s decarbonisation targets and the objectives set out in REPowerEU to become more energy independent, the Union needs to accelerate the deployment of renewables at a much faster pace. In view of the investment needs required to achieve these goals, the market should ensure that a long- term price signal is established. The benefit of renewables and flexibility from consumers can be harvested only to the extent the grid deployment keeps up with more anticipatory and least regret investments. All obstacles to the necessary and efficient growth of the infrastructure that might be existing in the national regulatory regimes today must be abolished.
Amendment 265 #
Proposal for a regulation
Recital 27
Recital 27
(27) In this framework, Member States should strive to create the right market conditions for long-term market-based instruments, such as power purchase agreements (‘PPAs’). PPAs are bilateral purchase agreements between producers and buyers of electricity. They provide long-term price stability for the customer and the necessary certainty for the producer to take the investment decision. Nevertheless, only a handful of Member States have active PPA markets and buyers are typically limited to large companies, not least because PPAs face a set of barriers, in particular the difficulty to cover the risk of payment default from the buyer in these long-term agreements. Member States should take into consideration the need to create a dynamic PPA market when setting the policies to achieve the energy decarbonisation objectives set out in their integrated national energy and climate plans. Regulatory unpredictability, instability and retroactivity would undermine the ability of PPAs to contribute to the clean energy transition and energy independence.
Amendment 267 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) The need to provide regulatory stability and a predictable investment climate for the necessary investment in the European power sector is also the reason why the inframarginal revenue cap, temporarily introduced via Art. 10 of Council Regulation 2022/0289(NLE), is not integrated in a structural manner in this Regulation.
Amendment 268 #
Proposal for a regulation
Recital 28
Recital 28
(28) According to Article 15(8) of Directive (EU) 2018/2001 of the European Parliament and of the Council, Member States are to assess the regulatory and administrative barriers to long-term renewables PPAs, and shall remove unjustified barriers to, and promote the uptake of, such agreements. In addition, Member States are to describe policies and measures facilitating the uptake of renewables PPAs in their integrated national energy and climate plans. Without prejudice to that obligation to report on the regulatory context affecting the PPA market, Member States shouldmay ensure that instruments to reduce the financial risks associated to the buyer defaulting on its long-term payment obligations in the framework of PPAs are accessible to companies that face entry barriers to the PPA market and are not in financial difficulty in line with Articles 107 and 108 TFEU. Member States could decide to set up a guarantee scheme at market prices. Alternatively, Member States may put in place such instruments to make hedging products in the forward market accessible to customers that face entry barriers to the forward market. Member States should include provisions to avoid lowering the liquidity in the electricity markets, in particular the forward market, such as by using financial PPAs. Member States should not provide support to PPAs that purchase generation from fossil fuels. While the default approach should be non- discrimination between consumers, Member States could decide to target these instruments to specific categories of consumers, applying objective and non- discriminatory criteria. In this framework, Member States should take into account the potential role of instruments provided at Union level, for instance by the European Investment Bank (‘EIB’).
Amendment 277 #
Proposal for a regulation
Recital 30
Recital 30
(30) Where Member States decide to support publicly financed new investments (“direct price support schemes”) in low carbon, non-fossil fuel electricity generation to achieve the Union’s decarbonisation objectives, those schemes should be structured by way of two-way contracts for difference, or other similar arrangements, such as to include, in addition to a revenue guarantee, an upward limitation of the market revenues of the generation assets concerned. Such schemes shall be allocated through a voluntary, competitive, open, transparent, non- discriminatory, and cost- effective procedure, in accordance with State Aid Rules, preventing undue distortions to the efficient functioning of electricity markets. New investments for the generation of electricity should include investments in new power generating facilities, investments aimed at repowering existing power generating facilities, investments aimed at extending existing power generating facilities or at prolonging their lifetime.
Amendment 291 #
Proposal for a regulation
Recital 35
Recital 35
(35) Furthermore, Member States should ensure that the direct price support schemes, irrespective of their form, do not undermine the efficient, competitive and liquid functioning of the electricity markets, preserving the incentives of producers to react to market signals, including stop generating when electricity prices are below their operational costs, and of final customers to reduce consumption when electricity prices are high. Member States should ensure that support schemes do not hamper forward market liquidity and retail competition, as well as constitute a barrier for the development of commercial contracts such as PPAs.
Amendment 331 #
Proposal for a regulation
Recital 44
Recital 44
(44) Consumers should have access to a wide range of offers so that they can choose a contract according to their needs. However, suppliers have reduced their offers, fixed-price contracts have become scarce, and the choice of offers has become limited. Consumers should always have the possibility to opt for an afford reasonable fixed price and fixed term contract to ensure a stable price over a given period and suppliers should not unilaterally modify the terms and conditions before such contract expires.
Amendment 335 #
Proposal for a regulation
Recital 46
Recital 46
(46) Consumers should be able to choose the supplier which offers them the price and service which best suits their needs. Advances in metering and sub- metering technology combined with information and communication technology mean that it is now technically possible to have multiple suppliers for a single premises. Consumers should be entitled to request additional meters for this purpose, while bearing the associated costs for their installation or, where applicable, upgrade, under fair, reasonable and cost-effective conditions. If they so wish, customers should be able to use these possibilities to choose a separate supplier notably for electricity to power appliances such as heat pumps or electric vehicles which have a particularly high consumption or which also have the capability to shift their electricity consumption automatically in response to price signals. Moreover, with fast- responding dedicated metering devices which are attached to or embedded in appliances with flexible, controllable loads, final customers can participate in other incentive-based demand response schemes that provide flexibility services on the electricity market and to transmission and distribution system operators. Overall, such arrangements should contribute to the increased uptake of demand response and to consumer empowerment allowing them to have more control over their energy use and bills, while providing to the electricity system additional flexibility in order to cope with demand and supply fluctuations.
Amendment 381 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 72
Article 2 – point 72
Amendment 385 #
Amendment 390 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 74
Article 2 – point 74
Amendment 404 #
(77) ‘power purchase agreement’ or ‘PPA’ means a contract under which a natural or legal person agrees to purchase electricity from an electricity producer on a market basis;
Amendment 413 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80
Article 2 – point 80
(80) ‘flexibility’ means the ability of an electricity system to adjust to the variability ofthe interconnected system to manage with all its connected resources the variability and uncertaintly of electricity generation and consumption patterns and grid availability, across relevant market timeframes.;
Amendment 416 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80a (new)
Article 2 – point 80a (new)
(80a) ‘power control system (PCS)’ means systems or devices, such as electric energy management systems, smart inverters or hybrid inverters for storage and V2X, which electronically limit or control the steady state AC currents, DC currents or AC power at a reference point to a programmable limit or level;
Amendment 420 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80b (new)
Article 2 – point 80b (new)
(80b) ‘intraday market timeframe’ means the timeframe of the electricity market from single intraday coupling gate opening time until the latest point in time when intraday trading is allowed in a given bidding zone including time periods after the intraday cross-zonal gate closure time;
Amendment 422 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80c (new)
Article 2 – point 80c (new)
(80c) ‘day-ahead market timeframe’ means the timeframe of the electricity market from the single day-ahead coupling gate opening time until the time when the single day-ahead coupling results are published;
Amendment 425 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80d (new)
Article 2 – point 80d (new)
(80d) ‘distributed energy resource system’ means distributed renewable generation resources, including energy storage.
Amendment 438 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a
Article 7a
Amendment 441 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a
Article 7a
Amendment 446 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a, paragraph 1
Article 7a, paragraph 1
Amendment 459 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 Regulation (EU) 2019/943
Article 1 – paragraph 1 – point 4 Regulation (EU) 2019/943
Amendment 488 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a, paragraph 3
Article 7a, paragraph 3
Amendment 491 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 Regulation (EU) 2019/943
Article 1 – paragraph 1 – point 4 Regulation (EU) 2019/943
Amendment 503 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7b, paragraph 1
Article 7b, paragraph 1
1. “Without prejudice to article 19 of Directive 2019/944, Member States shall allow transmission system operators and distribution system operators to use data from dedicated metering devices for the observability and, settlement and billing of demand response and, flexibility services and energy sharing, including from storage systems.
Amendment 509 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7b, paragraph 2
Article 7b, paragraph 2
2. Member States shall establish uniform fit-for-purpose requirements for a dedicated metering device data validation process to check and ensure the quality of the respective data.;consistency and interoperability of the respective data all harmonised under the network code for demand response. National regulatory authorities shall identify the costs for the roll-out of dedicated metering devices to define thresholds for the fees for the roll-out of these devices allocated to consumers. These requirements must be in line with the following set of principles: a) Any dedicated metering device that is used for other purposes than information or transparency, must meet technical requirements and be certified as stated in the EU Measurement Instruments Directive (2014/32/EU); b) Data from dedicated metering devices must be available to the system operator in the appropriate timing and must be integrated into the prevailing market communication architecture; c) If flexibility interventions are planned by the usage of such dedicated metering devices, system operators must be informed to ensure system stability.
Amendment 521 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EU) 2019/943
Article 8, paragraph 1
Article 8, paragraph 1
NEMOs shall allow market participants to trade energy as close to real time as possible and at least up to the intraday cross-zonal gate closure time. By 1 January 2028, the intraday cross-zonal gate closure time shall be at the earliest 30 minutes ahead of real time. National regulatory authorities may, at the request of the relevant TSO, grant a derogation from this requirement, until 1 January 2030 at the latest. The derogation request shall include: a) an impact assessment, done in cooperation with NEMOs and taking into account feedback from market participants, that demonstrates the need for the derogation, and b) an action plan aiming at shortening the intraday cross-zonal gate closure time to 30 minutes by no later than 1 January 2030.’
Amendment 532 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 1 – paragraph 1 – point 5 – point a a (new)
Regulation (EU) 2019/943
Article 8, paragraph 1a (new)
Article 8, paragraph 1a (new)
(aa) During the day-ahead and intraday market timeframe, each NEMOs shall submit all orders for day-ahead and intraday products received from market participants to single day-ahead and intraday coupling and shall not organise themselves, or through an entity affiliated or associated with them, the trading with day-ahead and intraday products, or products with similar characteristics, outside the single day-ahead and intraday coupling.
Amendment 535 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EU) 2019/943
Article 8, paragraph 3
Article 8, paragraph 3
NEMOs shall provide products for trading NEMOs shall provide products for trading in day-ahead and intraday markets which in day-ahead and intraday markets which are sufficiently small in size, with are sufficiently small in size, with minimum bid sizes of 100kW or less, to minimum bid sizes of 100kW or less, to allow for the effective participation of allow for the effective participation of demand-side response, energy storage and demand response, energy storage and small-scale renewables including direct small-scale renewables including direct participation by customers. participation by customers.
Amendment 543 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1
Article 9, paragraph 1
1. By 1 December 2024 the ENTSO for Electricity shall submit to ACER, after having consulted ESMA, a proposal for the establishment of regional virtual hubs for the forward market. The proposal shall: 8 months after the adoption of this Regulation, the European Commission in consultation with relevant market stakeholders, shall submit to ACER: i. An assessment of the possible implementation of practical solutions addressing market parties’ hedging needs which shall consider but not be limited to the following: a) frequent auctions for at least monthly and yearly products; b) auctions with product maturities extended up to three years; c) development of a secondary market; d) adoption of products such as financial transmission rights obligations; e) process on full cost-recovery to handle any financial risks and losses arising from these additional measures ensured by the regulatory authority; f) timeline for implementation; g) the appropriateness of regional coordination and decision making for alternative measures or exemptions to transmission system operators on borders where no long-term transmission rights are provided at the adoption time of this proposal; h) auctions for long-term transmission rights.
Amendment 549 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1, point ii
Article 9, paragraph 1, point ii
(a) ii. An assessment for the establishment of regional virtual hubs for the forward market which shall consider but not be limited to the following: (aa) impact of a virtual hub on at least the forward market, transmission system operators, market participants and end- consumers as well as relevant benefits and drawbacks; (a) define the geographical scope of the virtual hubs for the forward market, including the bidding zones constituting these hubs, aiming to maximise thend specific situations of bidding zones belonging to two or more virtual hubs, aiming to achieve high price correlation between the reference prices and the prices of the bidding zones constituting virtual hubs;
Amendment 554 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1, point ii (b)
Article 9, paragraph 1, point ii (b)
(b) include a methodology for the calculation of the reference prices for the virtual hubs for the forward market, aiming to maximise theachieve high correlations between the reference price and the prices of the bidding zones constituting a virtual hub; such methodology shall be applicable to all virtual hubs and based on predefined objective criteria;
Amendment 555 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
(c) include a definition of financial long-term transmission rights from bidding zones to the virtual hubs for the forward market as financial obligations to enable market participants to hedge their exposure to positive and negative price spreads, including as regards to volumes and maturities;
Amendment 558 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1, point ii (da)
Article 9, paragraph 1, point ii (da)
(da) specify how the single allocation platform referred to in paragraph 3 shall offer allocation and facilitate trading of long-term transmission rights. Based on the conclusions of the assessments, the European Commission shall propose amendments to existing Commission Regulation (EU) 2016/1719 establishing a guideline on forward capacity allocation, where relevant.
Amendment 559 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1b (new)
Article 9, paragraph 1b (new)
1a. Subject to compliance with Union competition law and with Directive (EU) 2014/65 and Regulations (EU) 648/2012 and 600/2014, market operators shall be free to offer trading of financial hedging products to provide market participants, including owners of power-generating facilities using renewable energy sources, with appropriate possibilities for hedging financial risks against price fluctuations. Member States shall not require that such hedging activity be limited to trades within a Member State or bidding zone. All market operators shall be free to offer trading of financial hedging products linked to regional virtual hubs.
Amendment 561 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1c (new)
Article 9, paragraph 1c (new)
1b. Transmission system operators or single allocation platform on their behalf, shall issue long-term transmission rights and may have additional measures in place to allow for market participants, including owners of power-generating facilities using renewable energy sources, to hedge price risks across bidding zones.
Amendment 565 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 2
Article 9, paragraph 2
2. Within six months of receipt of the proposal on the establishment of the regional virtual hubs for the forward market, ACER shall evaluate it and eiThe results of the assessments following the first and second subparagraphs of Article 9(1) shall be reflected by ACER and EC in any amendment, proposal for amendments, or non-binding framework guideline related to Commission Regulation (EU) 2016/1719 establishing a guideline on forward capacity allocation, in accordance with the procedures defined in Articles 59(1)(b), 60 and 61. After receiving ther approve or amend it. In the latter case, ACER shall consult the ENTSO for Electricityssessment for the establishment of regional virtual hubs for the forward market, ACER shall consult ESMA and stakeholders before adoptproposing theany amendments. The adopted proposal shall be published on ACER's websit or non-binding framework guideline.
Amendment 577 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 4, subparagraph a
Article 9, paragraph 4, subparagraph a
(a) offer, on behalf of TSOs, trading of long-term transmission rights between each bidding zone and virtual hubs; where aor between bidding zone is not part of a virtual hub it may issus of the same capacity calculation region; alternatively, where similar hedging products are already offered and well established by market operators, the fsinancial long-tgle allocation platform may offerm transmission rights to a virtual hub or to other bidding zones that are part of the same capacity calculation regionhat are fully equivalent to such products as a supporting mechanism to increase hedging opportunities;
Amendment 581 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 5
Article 9, paragraph 5
5. WIn addition to the provisions above, where a regulatory authority considers that there are still insufficient hedging opportunities available for market participants, and after consultation of relevant financial market competent authorities in case the forward markets concern financial instruments as defined under Article 4(1)(15), it may require power exchanges or transmission system operators to implement additional supporting measures, such as market- making activities, to improve the liquidity of the forward market. Subject to compliance with Union competition law and with Directive (EU) 2014/65 and Regulations (EU) 648/2012 and 600/2014, market operators shall be free to develop forward hedging products, including long-term forward hedging products, to provide market participants, including owners of power-generating facilities using renewable energy sources, with appropriate possibilities for hedging financial risks against price fluctuations. Member States shall not require that such hedging activity may be limited to trades within a Member State or bidding zone and hedging possibilities of market participants.
Amendment 590 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) 2019/943
Article 18, paragraph 2
Article 18, paragraph 2
2. Tariff methodologies shall reflect the fixed costs of transmission system operators and distribution system operators and shall consider both capital and operational expenditure, or an efficient combination of both, to provide appropriate incentives to transmission system operators and distribution system operators over both the short and long run, including anticipatory investments, in order to increase efficiencies, including energy efficiency, to foster market integration and security of supply, to support the use of flexibility services, efficient investmentsand cost-effective investments and network infrastructure reinforcement to facilitate the energy transition including solutions to optimise the existing grid and ensure the development of a smart grid and facilitate demand response and related research activities, and to facilitate innovation in the interest of consumers in areas such as digitalisation, flexibility services and interconnection; , more specifically to develop the required infrastructure to reach the minimum 15% electricity interconnection targets set out in point (1) of Article 4(d) of Regulation (EU) 2018/1999. In setting anticipatory investments, regulatory authorities shall take careful consideration of the electricity network needs reflected in national or local development plans for energy, electric transport and heating sectors, including renewable acceleration areas, plans for electric vehicle charging infrastructure and for heat pump deployment, where applicable. The regulatory authorities in collaboration with transmission and distribution system operators shall develop a framework to assess whether transmission and distribution system operators adequately consider in their network development plans all types of anticipatory investments described above and adequate cost-benefit analysis methodology for assessing the impact of such investments; Network tariffs should be designed to provide the right incentives to system operators by combining a timely recognition of traditional investments in physical networks and adequate returns, with a flexible reflection of operational cost. Any obstacle in national regulation to the necessary and efficient investments must be abolished.
Amendment 596 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) 2019/943
Article 18, paragraph 2b
Article 18, paragraph 2b
2a. Tariff methodologies shall not allow for double network charges and taxation.
Amendment 600 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) 2019/943
Article 18, paragraph 8
Article 18, paragraph 8
8. Transmission and distribution tariff methodologies shall provide incentives to transmission and distribution system operators for the most cost-efficient operation and development of their networks including through the procurement of services. For that purpose, regulatory authorities shall recognise relevant costs as eligible, including those related to anticipatory investments, shall include those costs in transmission and distribution tariffs, and shall introduce performance targets in order to provide incentives to transmission and distribution system operators to increase efficiencies in their networks, including through energy efficiency, the use of flexibility services and the development of smart grids and intelligent metering systems.
Amendment 603 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point d Regulation (EU) 2019/943
Article 1 – paragraph 1 – point 7 – point d Regulation (EU) 2019/943
(i) incentives for efficient investments in networks, including on flexibilityle resources and flexible connection agreements.
Amendment 610 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Regulation (EU) 2019/943
Article 19, paragraph 2, point (c)
Article 19, paragraph 2, point (c)
Amendment 613 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Regulation (EU) 2019/943
Article 19, paragraph 2, point ca (new)
Article 19, paragraph 2, point ca (new)
Amendment 628 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Chapter IIIa, Article 19a, paragraph 1
Chapter IIIa, Article 19a, paragraph 1
1. Member States shall facilitaremove barriers for all consumers to enter power purchase agreements (‘PPAs’) with a view to reaching the objectives set out in their integrated national energy and climate plan with respect to the dimension decarbonisation referred to in point (a) of Article 4 of Regulation (EU) 2018/1999, while preserving competitive and liquid electricity markets.
Amendment 903 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d
Article 19 d
Based on the report of the regulatory authority pursuant to Article 19c(1), each Member State shall define an indicative national objective for demand side response and storageall non-fossil flexibility sources which considers the most cost-efficient solutions, all time frames (hourly, daily, and seasonal), and the availability of cross-border capacity. Thisese indicative national objectives shall also be reflected in Member States’ integrated national energy and climate plans as regards the dimension ‘Internal Energy Market’ in accordance with Articles 3, 4 and 7 of Regulation (EU) 2018/1999 and in their integrated biennial progress reports in accordance with Article 17 of Regulation (EU) 2018/1999.
Amendment 912 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 1
Article 19 e – paragraph 1
1. Member States which apply a capacity mechanism in accordance with Article 21 shall consider the promotion ofpromote the participation of non-fossil flexibilityle resources such as demand side response and storage by introducing additional criteria or features in the design of the capacity mechanism, including contracts of at least fifteen years for newly built capacity; Participation in other markets shall also be allowed while receiving capacity payments, with safeguards to guarantee the capacity is provided in times of need. Member States that already introduced flexibility support schemes on [entry into force] shall adapt their mechanisms to comply with Article 19(f) without prejudice to commitments or contracts concluded by 31 December 2025.
Amendment 938 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 2
Article 19 e – paragraph 2
2. Where the measures introduced in accordance with paragraph 1 to promote the participation of non-fossil flexibilityle resources such as demand response and storage in capacity mechanisms are insufficient to achieve the flexibility needs identified in accordance with19d, Member States may apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibilityle resources such as demand side response and storage.
Amendment 950 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 3
Article 19 e – paragraph 3
3. Member States which do not apply a capacity mechanism may apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibilityle resources such as demand side response and storage.
Amendment 963 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f
Article 19 f
Flexibility support scheme for non-fossil flexibilityle resources such as demand response and storage applied by Member States in accordance with Article 19e(2) and (3) shall:
Amendment 978 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – point (b)
Article 19 f – point (b)
(b) be limited to new investments in non-fossil flexibilityle resources such as demand side response and storage;
Amendment 997 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 27 (new)
Article 27 (new)
(ia) Proposed Article 27 1. Where reference is made to this Article, the procedure set out in paragraphs 2, 3 and 4 shall apply to the approval of proposals submitted by the ENTSO for Electricity and/or the EU DSO entity. Joint proposals have to be submitted by both entities. 2. Before submitting a proposal, the ENTSO for Electricity and/or the EU DSO entity shall carry out a consultation involving all relevant stakeholders, including regulatory authorities and other national authorities. It shall duly take the results of that consultation into consideration in its proposal. 3. Within three months of the date of receipt of the proposal referred to in paragraph 1, ACER shall either approve or amend it. In the latter case, ACER shall consult the ENTSO for Electricity and/or the EU DSO entity before approving the amended proposal. ACER shall publish the approved proposal on its website within three months of the date of receipt of the proposed documents. 4. ACER may request changes to the approved proposal at any time. Within six months of the date of receipt of such a request, the ENTSO for Electricity and/or the EU DSO entity shall submit a draft of the proposed changes to ACER. Within three months of the date of receipt of the draft, ACER shall amend or approve the changes and publish those changes on its website.
Amendment 1009 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Regulation (EU) 2019/943
Article 50 – paragraph 4 a
Article 50 – paragraph 4 a
Transmission system operators shall publish in a clear and transparent manner, information on the capacity available for new connections in their respective areas of operation, including in congested areas if flexible energy storage connections can be accommodated, and update that information regularly, at least quarterlyand update that information regularly, at least quarterly. The regulatory authorities in collaboration with transmission system operators shall establish a framework for identifying areas in which transmission system operators may refuse or postpone granting access to new generation and storage because of congestion or lack of the necessary network capacity in line with Art.6(2) of the Electricity Directive. Transmission and distribution system operators shall publish in a clear and transparent manner the identified areas and update that information regularly, at least quarterly. The regulatory authority shall ensure that flexible connections are not used as a permanent alternative and thus do not delay approved network reinforcement in the identified areas. After the end of the agreed period for a flexible connection that cannot exceed two years, if the transmission system operator is still not capable of granting connection to the entire requested firm capacity for an asset, the asset owner should be compensated for the respective revenue loss based on actual day-ahead market prices.
Amendment 1019 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Regulation (EU) 2019/943
Article 50 – paragraph 4 a
Article 50 – paragraph 4 a
Transmission system operators shall also provide clear and transparent information to system users about the status and treatment of their connection requests including renewable generation and storage temporarily connected with a flexible connection. They shall provide such information within a period of three months from the submission of the request ;
Amendment 1029 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2019/943
Article 59 – paragraph 2 – point a (new)
Article 59 – paragraph 2 – point a (new)
(ba) in Article 59 (2), the following point (a) is added: (a) network connection rules including rules on the connection of transmission- connected demand facilities, transmission-connected distribution facilities and distribution systems, connection of demand units used to provide demand response, requirements for grid connection of system users, requirements for high-voltage direct current grid connection, requirements for direct current-connected power park modules and remote-end high-voltage direct current converter stations, and operational notification procedures for grid connection;
Amendment 1045 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a – introductory part
Article 2 – paragraph 1 – point 1 – point a – introductory part
(a) points (8), (23) and (49) is replaced by the following:
Amendment 1048 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
Directive (EU) 2019/944
Article 2 – point 23
Article 2 – point 23
(8a) (23) ‘smart metering system’ means an electronic system that is capable of measuring electricity fed into the grid or electricity consumed from the grid within a time interval no longer than the imbalance settlement period, providing more information than a conventional meter, and that is capable of transmitting and receiving data for information, monitoring and control purposes, using a form of electronic communication;
Amendment 1050 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
Directive (EU) 2019/944
Article 2 – point 49
Article 2 – point 49
(49) 'non-frequency ancillary service' means a service used by a transmission system operator or distribution system operator for steady state voltage control, fast reactive current injections, inertia for local grid stability, short-circuit current, black start capability, island operation capability and peak shaving;”
Amendment 1051 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive (EU) 2019/944
Article 2 – paragraph 15 a
Article 2 – paragraph 15 a
(15a) ‘fixed term, fixed price electricity supply contract’ means an electricity supply contract between a supplier and a final customer that guarantees the same contractual conditions, including the price, while it may, within a fixed price, include a flexible element with for example for the duration of the contract, including the price, which may include different pre-determined prices for different pre-defined time frames, such as peak and off -peak price variation, weekday/weekend, or seasonal variations, and where changes in the final bill can only result from elements that are not determined by suppliers, such as taxes and levies;
Amendment 1064 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive (EU) 2019/944
Annex I – paragraph 5 – section 6
Annex I – paragraph 5 – section 6
(24aa) Annex I, paragraph 5, section 6 is amended as follows: The disclosure of electricity shall be done by for all energy sources using guarantees of origin, except in the cases referred to in points (a) and (b) of Article 19(8) of Directive (EU) 2018/2001.
Amendment 1081 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive (EU) 2019/944
Article 4 – paragraph 1 (new)
Article 4 – paragraph 1 (new)
Amendment 1089 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive (EU) 2019/944
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that the national regulatory framework enables suppliers to offer fixed-term, fixed-price contracts and dynamic electricity price contracts. Member States shall ensure that final custocontracts which are adapted to the variety of needs and risk profiles of consumers. Member States shall ensure that six months after the entry into force of this Regulation, consumers who have a smart meter installed can request to conclude a dynamic electricity price contract and that all final customers can request to conclude a; where fixed-term, fixed- price electricity price contract of a duration of at least one year, with at least one supplier and with every supplier that has more than 200 000 final customercontracts are applied, Member States shall permit suppliers or market participants engaged in aggregation to charge customers contract termination fees in line with the conditions in Article 12(3). By way of derogation of article 10(4), suppliers shall not unilaterally modify the terms of conditions of fixed price contracts before such contract expires.
Amendment 1099 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
Directive (EU) 2019/944
Article 11 – paragraph 1 a
Article 11 – paragraph 1 a
1a. Prior to the conclusion or extension of any contract, final customers shall be provided with a summary of the key contractual conditions in a prominent manner and in concise and simple language. This summary shall include at least information on total price, promotions, additional services, discounts contract duration and conditions for termination, including notice period and fees and penalties where relevant; whether the price is fixed or variable, indexed to wholesale prices; one-time payments where relevant, including activation fees and costs for the connection to the network (if applicable); payment frequency and method options; supplier’s contact details such as customer service’s address, telephone number and email, including, where relevant, identification of any intermediary; and include the rights referred to in points (a), (b), (d), (e) and (f) of Article 10(3). The Commission shall provide guidance in this regard.
Amendment 1108 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point d
Article 2 – paragraph 1 – point 3 – point d
Directive (EU) 2019/944
Article 12 – paragraph 3
Article 12 – paragraph 3
2a. Article 12(3) By way of derogation from paragraph 2, Member States shall grant suppliers or market participants engaged in aggregation the right to charge customers contract termination fees where those customers voluntarily terminate fixed-term, fixed-price electricity supply contracts before their maturity, provided that such fees are a part of a contract that the customer has voluntarily entered into and that such fees are clearly communicated to the customer before the contract is entered into. Such fees shall be proportionate and shall not exceed the direct economic loss to the supplier or the market participant engaged in aggregation resulting from the customer's termination of the contract, including the costs of any bundled investments or services that have already been provided to the customer as part of the contract. The burden of proving the direct economic loss shall be on the supplier or market participant engaged in aggregation, and the permissibility of contract termination fees shall be monitored by the regulatory authority, or by another competent national authority.
Amendment 1122 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive (EU) 2019/944
Article 15 a – paragraph 1
Article 15 a – paragraph 1
1. All households, small and medium size and enterprises and public bodies have the right to participate in energy sharing as active customers.