Activities of Angel DZHAMBAZKI related to 2016/0030(COD)
Legal basis opinions (0)
Amendments (61)
Amendment 26 #
Proposal for a regulation
Recital 2
Recital 2
(2) A major disruption of the gas supply can affect all Member States, the Union as a whole and Contracting Parties to the Treaty establishing the Energy Community, signed in Athens on 25 October 2005. It can also severely damage the Union economy and can have a major societal impact, particularly on vulnerable groups of customers.
Amendment 27 #
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 supply of gas throughout the Union, in particular to 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 that energy markets are not distorted. Also, when achieving those objectives, it is important that regional specificities are taken into account in terms of targeted application of this Regulation.
Amendment 31 #
Proposal for a regulation
Recital 4
Recital 4
(4) Regulation (EU) No 994/2010 of the European Parliament and of the Council of 20 October 2010 concerning measures to safeguard security of gas supply has already had a significant positive impact on the Union situation as regards the security of the gas supply, both in terms of preparation and mitigation. Some Member States are better prepared to face a supply crisis now that they are required to draw up plans including preventive and emergency measures, and they are better protected now that they have to meet a number of obligations regarding infrastructure capacity and gas supply. However, the implementation report of Regulation (EU) No 994/2010 of October 2014 highlighted areas in which improvements to that Regulation could further bolster the Union supply security.
Amendment 33 #
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 Russia and concluded that purely national approaches are not very effective in the event of severe disruption, given their scope, which is by definition limited. 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
Amendment 36 #
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 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 40 #
Proposal for a regulation
Recital 7
Recital 7
(7) An internal gas market that operates smoothly is the best guarantee of security of energy supply across the Union and to reduce the exposure of individual Member States to the harmful effects of supply disruptions. 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 musts should be made for solidarity andopted to ensure enhanced solidarity, exchange of best practices and better coordination in the response to supply crises, as regards both preventive action and the reaction to actual disruptions of supply.
Amendment 45 #
Proposal for a regulation
Recital 9
Recital 9
(9) In a spirit of solidarity, 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 themregion- specific security issues and to implement the most cost-effective measures for Union consumers.
Amendment 51 #
Proposal for a regulation
Recital 13
Recital 13
(13) The infrastructure standard should obliencourage Member States to maintain a minimum level of infrastructure such as to ensure a degree of redundancy in the system in the event of a disruption of the single largest infrastructure. However, more supportive action is required in some specific regions, so that Member States are able to achieve the goal of improved infrastructure, which requires more than just the willingness to cooperate. As an analysis by reference to the N-1 indicator constitutes a purely capacity-based- approach, the results of N-1 should be complemented with a detailed analysis that also captures gas flows.
Amendment 59 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to make the regional cooperation feasible, Member States should establish a cooperation mechanism within each region. Such mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans at regional level. Member States are free to agree on a cooperation mechanism best suited for a given region. The Commission should have a facilitating role in the overall process and sharein the sharing of 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 62 #
Proposal for a regulation
Recital 21
Recital 21
(21) When conducting a comprehensive risk assessment to be prepared at regional level, competent authorities should assess natural, technological, commercial, financial, social, geo-strategic, political and market- related risks, and any other relevant ones, including, where appropriate, the disruption of the supplies from the single largest supplier. 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 64 #
Proposal for a regulation
Recital 23
Recital 23
(23) To ensure maximum preparedness, so as to avoid a supply disruption and mitigate its effects should it nevertheless occur, the competent authorities of a given region must draw up preventive action plans and emergency, after consulting stakeholders. Regional plans should take account of the specific characteristics of each Member State. They should also clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities. National measures to be designed should take fully account of the regional measures set out in the preventive action plan and emergency plan. They should be so designed as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation. The plans should be technical and operational in nature, their function being to help prevent the occurrence or escalation of an emergency and to mitigate its effects. The plans should take the security of electricity systems into account and be consistent with the Energy Union’s strategic planning and reporting tools.
Amendment 66 #
Proposal for a regulation
Recital 24
Recital 24
(24) The roles and responsibilities of all natural gas undertakings and the roles of the competent authorities should therefore be defined preciselyclearly defined in order to keep the internal gas market functioning properly, particularly in the event of supply 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 disruptions. However, it should also provide for mechanisms that can be deployed when markets alone are no longer able to deal adequately with a gas supply disruption.
Amendment 67 #
Proposal for a regulation
Recital 25
Recital 25
(25) In the event of a supply crisis, market players should be given sufficientthe opportunity to respond to the situation with market-based measures. Where market measures have been exhausted and they are still insufficient, Member States and their competent authorities should take measures to remove or mitigate the effects of the supply crisis.
Amendment 68 #
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 description of their economic impact. This ensures customers have the information they needthe proper application of the duty to inform customers about the costs of such measures and ensures that the measures ares well as the principle of transparentcy, especially as regards their share in the gas price.
Amendment 69 #
Proposal for a regulation
Recital 28
Recital 28
(28) Demand-side measures, such as fuel switching or a reduction ing 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 disruption. More should be done to promote efficient energy use, particularly where demand-side measures are needed. The environmental impact of any demand and supply-side measures proposed must be taken into account, with preference being given, as far as possible, to measures that have least impact on the environment. At the same time, security of supply and competitiveness aspects must also be taken into account.
Amendment 71 #
Proposal for a regulation
Recital 29
Recital 29
(29) When drawing up and implementing the preventive action plan and the emergency plan, the competent authorities should, at all times, take account of the safe operation of the gas system at regional and national levels. They must address and set out in those plans the technical constraints affecting the operation of the network, including any technical and safety reasons for reducinged flows in the event of an emergency.
Amendment 72 #
Proposal for a regulation
Recital 31
Recital 31
(31) It is necessary to ensure the predictability of theprovide clear analysis and impact assessments of action to be taken in the event of an emergency, allowing all market participants sufficient opportunity to react and also prepare for such potential circumstances. As a rule, the competent authorities should therefore abide by their emergency contingency plans. InOnly under duly justified exceptionaltraordinary circumstances and after the exhaustion or rendering impossible of enacting and pursuing prior agreed contingency plans, they should be allowed to take action which deviates from those plans. It is also important to make the way in which emergencies are announcidentified more transparent and predictableclear. 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 73 #
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 reviewed. 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 practices.
Amendment 74 #
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 be given the opportunity to carry out tests between the update-phases of the plans byand should be encouraged to do so through comprehensive support mechanisms, simulating high and medium-impact scenarios and responses in real time. The competent authorities should present the test results at the Gas Coordination Group.
Amendment 75 #
Proposal for a regulation
Recital 34
Recital 34
(34) Mandatory cComprehensive 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.
Amendment 78 #
Proposal for a regulation
Recital 36
Recital 36
(36) As demonstrated by the October 2014 stress test, solidaritymore efficient cooperation 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 solidaritycooperation. Firstly, all Member States 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, even if not in an emergency situation, should be triggercoordinated 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 of the natural gas undertakingfor cooperative support-actions.
Amendment 79 #
Proposal for a regulation
Recital 37
Recital 37
(37) European solidarity should also, where needed, take the form of 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 andor 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 80 #
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 fromshould be duly informed, in accordance with their significant roles and power, concerning natural gas undertakings regarding the main parameters of the gas supply as, thereby providing for 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, should also be facilitated where possible. 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.
Amendment 83 #
Proposal for a regulation
Recital 39
Recital 39
(39) In March 2015, the European Council concluded that gas supply contracts with suppliers from third countries shouldmust be made more transparent and compatible with the Union energy security provisions. In this context, an efficient and targeted mechanism for Member States’ access to key gas supply contracts should ensure a comprehensive assessment of relevant risks that can lead to a supply disruption or interfere with the necessary mitigating measures should a crisis nevertheless occur. Under that mechanism certain key gas supply contracts should be automatically notified, immediately after their conclusion, to the Member States. However, any obligation to notify a contract automatically needs to be proportionate and subject to specific conditions. Applying this obligation to contracts between a supplier and a buyer covering 40% of the national market strikes the right balance in terms of administrative efficiency and lays down clear obligations for market participants. This does not mean that other gas supply contracts are not relevant to security of supply. Accordingly, Member States should have the right to request other contracts which might negatively affect security of supply of a Member State or region or of the Union as a whole. The Commission should have the same access to the gas supply contracts as Member States, given its role in assessing the consistency and effectiveness of the preventive action plans and emergency plans to address risks to security of supply at national, regional and EU level. The Commission may call on the Member States to amend the plans so as to take account of the information obtained from theadditional contracts. The confidentiality of commercially sensitive information should be ensured. Improved Commission access to information on commercial contracts should not affect the Commission’s ongoing efforts to monitor the gas market overall, and the Commission should intervene only if violations of the Union law are identified. The provisions of this Regulation should be without prejudice to the right of the Commission to launch infringement proceedings in accordance with Article 258 of the Treaty on the Functioning of the European Union (TFEU) and to enforce competition rules, including state aid,.
Amendment 85 #
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 and incentivising investments in the energy sector by closer integcooperation 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 90 #
Proposal for a regulation
Recital 44
Recital 44
(44) The Member States acting on their own cannot satisfactorily achieve the objective of this Regulation regarding Union-wide efforts, 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.
Amendment 91 #
Proposal for a regulation
Recital 45
Recital 45
(45) To allow for a swift Union response to changing circumstances as regards threats to the security of gas supply, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendment of regions and templates for risk assessment and plans. It is particularly important that the Commission carry out appropriate consultations during its preparatory work, including at expert level. When preparing and drawing up delegated acts, it should ensure that relevant documents are simultaneously sent to the European Parliament and the Council, in good time and in the appropriate manner.
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 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. This Regulation also provides for 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 98 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Each Member State shall designate a national governmental authority or a national regulatory authority delegate as its competent authority that ensures the proper and efficient implementation of the measures provided for in this Regulation. Competent authorities shall cooperate with each other ion the implementation of this Regulation. Member States may allow the competent authority to delegate specific tasks set out in this Regulation, to other bodies. Delegated tasks shall be performed under the supervision of the competent authority and shall be, specified in the plans referred to in Article 7 and duly reported to the national governmental authority. The declaration of any of the crisis levels referred to in Article 10(1) may be only delegated to a public authority.
Amendment 100 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Each Member State shall, without delay, notify to the Commission without delay the name of the competent authority and any changes thereto. Each Member State shall make the name of the competent authority public.
Amendment 103 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Each Member State or, where a Member State so provides, the competent authority shall strive to ensure that the necessary measures at the Member State’s disposal are taken so that in the event of a disruption of the single largest gas infrastructure, the technical capacity of the remaining infrastructure, determined according to the N – 1 formula as provided in point 2 of Annex II, is able, without prejudice to paragraph 2 of this Article, tomay satisfy total gas demand of the calculated area during a day of exceptionally high gas demand occurring with a statistical probability of once in 20 years. This is without prejudice to the responsibility of system operators to make the corresponding investments and to the obligations of transmission system operators as laid down in Directive 2009/73/EC and Regulation (EC) No 715/2009.
Amendment 105 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Where appropriate, according to the risk assessment referred to in Article 6, the competent authorities of neighbouring Member States may, within their scope of competence, agree to jointly fulfil the obligation set out in paragraph 1 of this Article. In such case the competent authorities shall provide in the preventive action plan the calculation of the N-1 formula together with an explanation how the agreed arrangements fulfil this obligation. Point 5 of Annex II shall apply.
Amendment 106 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. In so far as an investment for enabling or enhancing permanent bi- directional capacity is not required by the market and where that investment incurs costs in more than one Member State or in one Member State for the benefit of another Member State, the national regulatory authorities of all Member States concerned shall jointly decide on cost allocation before any investment decision is taken. The cost allocation shall in particular take into account the proportion of the benefits of the infrastructure investments for the increase of security of supply of the Member States concerned, geo-strategical and political challenges, which may amount to additional investiture costs to the Member States concerned, as well as investments already made in the infrastructure in question.
Amendment 108 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The competent authority shall ensure that any new transmission infrastructure contributes to the security of supply through the development of a well- connected network, including, where appropriate, by means of a sufficient number of cross-border entry and exit points according to market demand and the risks identified. The competent authorities shall assess in the risk assessment whether internal bottlenecks exist and whether national entry capacity and infrastructures, in particular transmission networks, are capable of adapting the national and cross border gas flows to the scenario of the disruption tof the single largest gas infrastructure at national level and the single largest gas infrastructure of common interest to the region previously identified in the risk assessment.
Amendment 109 #
Proposal for a regulation
Article 4 – paragraph 8 – introductory part
Article 4 – paragraph 8 – introductory part
8. Luxembourg, Slovenia and Sweden shall, by way of exception, not be bound by, but shall endeavour to meet, the obligation set out in paragraph 1 of this Article, while ensuring theundisrupted gas supplies to protected customers in accordance with Article 5. That exception shall apply for as long as:
Amendment 110 #
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 market testing for investments in infrastructure and make public the results of those tests. They shall inform the Commission, which shall in turn inform the Member States, 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 112 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
No later than 31 March 2017 Member States shall notify the Commission of their definition of protected customers, the annual gas consumption volumes of the protected customers and the percentage they represent of the total annual final gas consumption in that Member State. Where a Member State includes in its definition of protected customers the categories referred to in point (a) or (b) of Article 2 (1) it shall specify in the notification to the Commission the gas consumption volumes corresponding to consumers belonging to those categories and the percentage that each of those groups of consumers represents in terms of the annual final use of gas.
Amendment 113 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 4
Article 5 – paragraph 1 – subparagraph 4
Member States may comply with the obligation laid down in the first subparagraph by replacing the gas with different sources of energy to the extent that the same level of protection is achieved.
Amendment 122 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The risk assessment once agreed by all Member States in the region shall be notifisubmitted to the Commission for the first time no later than on 1 September 2018. The risk assessment shall be updated every four years unless circumstances warrant more frequent updates. The risk assessment shall take account of progress made in investments needed to cope with the infrastructure standard defined in Article 4 and of country-specific difficulties encountered in the implementation of new alternative solutions. It shall also build on the experience acquired through the simulation of the emergency plans contained in Article 9 (2).
Amendment 123 #
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 values, 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 and infrastructure disruption scenarios shall be updated every four years unless circumstances warrant more frequent updates.
Amendment 126 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The preventive action plan and the emergency plan shall be developed in accordance with the templates contained in Annex V. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 to amend those templates.
Amendment 127 #
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 inform the Gas Coordination Group about the notification of the plans and then publish them on the Commission website without delay.
Amendment 128 #
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 duly assess those plans duly taking into account the peer review and the views expressed in the Gas Coordination Group. Annex VI shall apply for the procedure to carry out peer reviews.
Amendment 130 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – introductory part
Article 7 – paragraph 5 – subparagraph 2 – introductory part
The Commission shall issue an opinion to the competent authorities of the regions with the recommendation to review the relevant preventive action plan or emergency plan if the plan is considered to contain one of the following elements:
Amendment 132 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 1
Article 7 – paragraph 6 – subparagraph 1
Within three months of notification of the Commission’'s opinion referred to in paragraph 4, the competent authorities concerned shall review the opinion and notify the amended plan to the Commission, or shall inform the Commission of the reasons for which they do not agree with the recommendations.
Amendment 133 #
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 theconsult the relevant actors concerned in order to facilitate an agreement and subsequent amendment of the relevant plan. The competent authorities shall adopt and publish the plan within three months of the notification of Commission decision.
Amendment 134 #
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. The preventive action plans and emergency plans developed under Regulation (EU) No 994/2010, updated as appropriate, shall remain in force until the preventive action plans and emergency plans referred to in paragraph 1 are established for the first time.
Amendment 136 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The preventive action plan shall be based primarily on market measures and shall not put an undue burden on natural gas undertakings, or negatively impact on the functioning of the internal market in gas.
Amendment 137 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
The impact assessment and the adopted measures shall be published by the competent authority and shall be notified to the Commission. Within four months of the notification the Commission shall take a decision and may require the Member States to amend the adopted measures. That period shall begin on the day following the receipt of a complete notification. The period may also be extended with the consent of both the Commission and the Member State.
Amendment 139 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2 – point a
Article 8 – paragraph 5 – subparagraph 2 – point a
(a) likely to distort the Union internal market negatively;
Amendment 141 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) clearly define the role and responsibilities of natural gas undertakings and of industrial gas customers including relevant electricity producers, taking account of the different extent to which they are affected in the event of gas supply disruptions, and their interaction with the competent authorities and where appropriate with the national regulatory authorities at each of the crisis levels defined in Article 10(1);
Amendment 142 #
Proposal for a regulation
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) identify, if appropriate, the measures and actions to be taken to mitigate the potential impact of a gas supply disruption on district heating and the supply of electricity generated from gas, taking into account regional specificities;
Amendment 145 #
Proposal for a regulation
Article 9 – paragraph 1 – point n
Article 9 – paragraph 1 – point n
(n) establish a list of possible predefined actions to make gas made available in the event of an emergency, including commercial agreements between the parties involved in such actions and the compensation mechanisms for natural gas undertakings where appropriate, taking due account of the confidentiality of sensitive data. Such actions may involve cross- border agreements between Member States and/or natural gas undertakings.
Amendment 147 #
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) alert level (alert): when a supply disruption or exceptionally high gas demand occurs which, resultsing in a significant deterioration of the supply situation, buyet the market is still able to manage thate level of disruption or demand without the need to resort to non-market measures;
Amendment 149 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. When the competent authority declares an emergency, it shall follow the pre-defined action as set out in its emergency plan and shall immediately inform the Commission and the competent authorities in the region in particular of the action it intends to take. In duly justified exceptional circumstances, the competent authority may take action deviating from the emergency plan. The competent authority shall immediately inform the Commission and the competent authorities in the region of any such action and shall provide a substantive justification therefore.
Amendment 150 #
Proposal for a regulation
Article 10 – paragraph 4 – point b
Article 10 – paragraph 4 – point b
(b) no measures are introduced that are likely to endanger seriously the gas supply situation in another Member State seriously; and
Amendment 153 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. At the request of a competent authority that has declared an emergency and following the verification in accordance with Article 10(5), the Commission may declare a regional or Union-wide emergency. At the request of at least two competent authorities that have declared an state of emergency and following the verification mechanism in accordance with Article 10(5), and where the reasons for these emergencies are linked, the Commission shall declare, as appropriate, a regional or Union emergency. In all cases, the Commission and all actors directly affected, using the means of communication most appropriate to the situation, shall gather the views of, and take due account of all the relevant information provided by the other competent authorities. When it assesses that the underlying basis for the regional or Union emergency no longer justifies a declaration of emergency, the Commission shall declare an end to the regional or Union emergency. In all cases, the Commission shall give its reasons and inform the Council of its decision.
Amendment 156 #
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 its 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 157 #
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. The Commission, after consulting the Gas Coordination Group, shall support the establishment of a permanent reserve list for a monitoring task force consisting of industry experts and representatives of the Commission. This monitoring task force may be deployed outside the Union when necessary and shall monitor and report on the gas flows into the Union, in cooperation with the supplying and transiting third countries.
Amendment 161 #
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 other and described in the emergency plans of their respective regions and a supporting role of the Commission. 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. 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 173 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
The risk assessment, the preventive action plans, the emergency plans and all other documents shall be notified to the Commission electronically through the CIRCABC platform.