Activities of Zdzisław KRASNODĘBSKI 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 (32)
Amendment 238 #
Proposal for a regulation
Recital 19
Recital 19
(19) Consumers and suppliers need effective and efficient forward markets to cover their long-term price exposure and decrease the dependence on short-term prices. To ensure that energy customers all over the EU can fully benefit from the advantages of integrated electricity markets and competition across the Union, the functioning of the Union’s electricity forward market should be improved via the establishment of regional virtual hubs with a view to overcome the existing market fragmentation and the low liquidity experienced in many bidding zones. Regional virtual hubs should cover multiple bidding zones while ensuring an adequate price correlation. Some bidding zones may not be covered by a virtual hub in terms of contributing to the hub reference price. However, market participants from these bidding zones should still be able to hedge through a hub.
Amendment 243 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 247 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 256 #
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 transmission system operator or operators responsible for the need to limit the capacity should, in future, be enabled to compensate the offshore project operator commensurately using congestion income. 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 Regulationmarket based Power-Purchase Agreements or public support scheme such as Contract for Differences should be further facilitated.
Amendment 281 #
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 such as to include, in addition to a revenue guarantee, an upward limitation of the market revenues of the generation assets concerned. 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 ext or other price support schemes having an equivalent effect. Such schemes shall be voluntary for market participants and allocated through a competitive, open, transparent, non-discriminatory, and cost- effective procedure, in accordance with State Aid Rules, prevendting existing power generating facilities or at prolundue distortions to the efficient functionging their lifetimeof electricity markets.
Amendment 288 #
Proposal for a regulation
Recital 34
Recital 34
(34) Thanks to the upward limitation of the market revenues direct price support schemes in the form of two-way contracts for difference should provide an additional source of revenues for Member States in periods of high energy prices. To further mitigate the impact of high electricity prices on the energy bills of consumers, Member States should ensure that the revenues collected from producers subject to direct price support schemes in the form of two-way contracts for difference arcould be passed on to all final electricity customers, including households, SMEs and industrial consumers, based on their consumption. The redistribution of revenues should be done in a way that ensures that consumers are still to some extent exposed to the price signal, so that they reduce their consumption when the prices are high, or shift it to periods of lower prices (which are typically periods with a higher share of RES production). Member States could also choose to use those revenues for compensation of power generating facilities when the market is below the strike price or support for investment in grid development and low- emission power generation sources. Member States should ensure that the level playing-field and competition between the different suppliers is not affected by the redistribution of revenues to the final electricity consumers.
Amendment 302 #
Proposal for a regulation
Recital 38
Recital 38
(38) To achieve the national objective for non-fossil flexibilityincrease the non-fossil flexibility of the electricity system such as demand side response and storage investment needs, Member States can design or redesign capacity mechanisms in order to create a green and flexiblshould promote the participation of non-fossil flexibility in the capacity mechanisms. Member States that aAt the same time, to ensure long-term adequacy and security of supply a, capacity mechanism is should be an line with the existing rules should promote the participation of non-fossil flexibility such as demand side response and storage by introducing additional criteria or features in the designtegral part of electricity market design and, reflecting specificity of each electricity market, involve and provide incentives to invest into different kinds of resources - stable, non-flexible and flexible, with respect to technological neutrality.
Amendment 312 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39a) Security of supply is paramount for the Union and Member States, and must be ensured by properly designing electricity markets. Uninterrupted access to energy to all customers, primary to vulnerable households, is one of the basic rights stemming from the Union legal and political practice, particularly from the European Pillar of Social Rights. Therefore, ensuring energy supply is one of the core task for Member States, which must be executed in a manner that balances the main objectives of this Regulation: security, sustainability, and affordability. If there is a serious risk related to the achievement of one of these principles, the Member States, in cooperation with the Commission, shall do its utmost, acting in good faith, to reach these principles.
Amendment 316 #
Proposal for a regulation
Recital 40
Recital 40
(40) In addition, if Member States do not apply a capacity mechanism or if the additional criteria or features in the design of their capacity mechanism are insufficient to achieve national objective for demand response and storage investment needs theyMember States could apply flexibility support schemes consisting of payments for the available capacity of non- fossil flexibility such as demand side response and storage.
Amendment 437 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a
Article 7a
d e [...] [...] [...] l e t e d
Amendment 506 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Article 7b
paragraph 1
1. “Member States shall allow transmission system operators and distribution system operators to useshall have access to data from dedicated metering devices for the observability and settlement of demand response and flexibility services, including from demand response and storage systems.
Amendment 514 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Article 7b
paragraph 2
2. Member States shall establish requirements for a dedicated metering device data validation process to check and ensure the quality of the respective data taking into account the relevant Union legislation on measurement instruments.;
Amendment 517 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Article 7b
paragraph 3
2a. System operators shall have the right to use data from dedicated metering devices for the purpose of secure and efficient operation of the system.
Amendment 524 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
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 2028,6 all TSOs shall perform a joint impact assessment of the intraday cross- zonal gate closure time shall be at the earliest 30 mortening on national system security, cost efficiency, RES inutes ahead of real timegration and CO2 emissions. Based on such assessment, all TSOs may propose an amendment to the methodology derived from Art. 59 of EC Regulation 2015/1222.
Amendment 536 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 9 Forward markets
d e [...] [...] [...] l e t e d
Amendment 608 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Article 19, paragraph 2 point (c)
Amendment 645 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Article 19a
paragraph 2
2. Member States shall strive to ensure that instruments such as guarantee schemes at market prices, to reduce the financial risks associated to off-taker payment default in the framework of PPAs are in place and accessible to customers that face entry barriers to the PPA market and are not in financial difficulty in line with Articles 107 and 108 TFEU. For this purpose, Member States shall take into account Union-level instruments. Member States shall determine what categories of customers are targeted by these instruments, applying non-discriminatory criteria.
Amendment 909 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d – paragraph 1
Article 19 d – paragraph 1
Based on the report of the regulatory authority pursuant to Article 19c(1), each Member State shallmay define an indicative national objective for demand side response and storage. This indicative national objective shallmay 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 922 #
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 shallmay consider the promotion of the participation of non-fossil flexibility such as demand side response and storage by introducing additional criteria or features in the design of the capacity mechanismin accordance with the expected contribution of those assets to address adequacy challenges .
Amendment 930 #
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 flexibility 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 flexibility such as demand side response and storage.
Amendment 943 #
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
Amendment 964 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – paragraph 1
Article 19 f – paragraph 1
Flexibility support scheme for non-fossil flexibility such as demand response and storage applied by Member States in accordance with Article 19e(2) and (3) shall:
Amendment 977 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – paragraph 1 – subparagraph (b)
Article 19 f – paragraph 1 – subparagraph (b)
(b) be limited topromote primarily new investments in non-fossil flexibility such as demand side response and storage;
Amendment 988 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – paragraph 1 – subparagraph (f)
Article 19 f – paragraph 1 – subparagraph (f)
(f) provide locational incentives for the integration in the electricity market in a market-based and market-responsive way, while avoiding unnecessary distortions of electricity markets as well as taking into account possible system integration costs and grid congestion and stability;
Amendment 991 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – paragraph 1 – subparagraph (g)
Article 19 f – paragraph 1 – subparagraph (g)
(g) set out a minimum level of participation in the market in terms of activated energy, which takes into account the technical specificities of storage and demand responthe asset;
Amendment 1002 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EU) 2019/943
Article 20 – paragraph 3
Article 20 – paragraph 3
(9a) Article 20 is amended as follows: [a] in paragraph 3 the following point is added as a new point (a) (a) introducing a capacity mechanism;
Amendment 1003 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 b (new)
Article 1 – paragraph 1 – point 9 b (new)
Regulation (EU) 2019/943
Article 21
Article 21
(9b) Article 21 is amended as follows: (a) paragraph 1 is replaced by the following: ' To eliminate resource adequacy concerns Member States may introduce capacity mechanisms.' (b) paragraph 3 is replaced by the following: ' Member States may implement different types of capacity mechanisms, such as capacity markets, strategic reserves, reliability options or other types of measures to address resource adequacy concerns.' (c) paragraph 4 is replaced by the following: 'Member States may introduce capacity mechanisms where either the European resource adequacy assessment or the national resource adequacy assessment have identified a resource adequacy concern.' (d) paragraph 5 is replaced by the following: 'Member States may introduce capacity mechanisms before the implementation plan as referred to in Article 20(3) receives an opinion by the Commission as referred to in Article 20(5). (e) paragraphs 7 and 8 are deleted.
Amendment 1006 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 c (new)
Article 1 – paragraph 1 – point 9 c (new)
Regulation (EU) 2019/943
Article 22 – paragraph 1 – subparagraph (a)
Article 22 – paragraph 1 – subparagraph (a)
(9c) Article 22 is amended as follows: [a] in paragraph 1 point (a) is deleted.
Amendment 1007 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 d (new)
Article 1 – paragraph 1 – point 9 d (new)
Regulation (EU) 2019/943
Article 26 – paragraph 1
Article 26 – paragraph 1
(9d) Article 26 is amended as follows: [a] paragraph 1 is replaced by the following: ' Capacity mechanisms other than strategic reserves and where technically feasible, strategic reserves shall be open to direct cross-border participation of capacity providers located in another Member State or of interconnectors, subject to the conditions laid down in this Article.'
Amendment 1008 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 e (new)
Article 1 – paragraph 1 – point 9 e (new)
Regulation (EU) 2019/943
Article 27 a (new)
Article 27 a (new)
(9e) the following Article 27a is inserted: Article 27a Complementary extraordinary procurement process of capacity mechanisms 1. If a Member State identifies, in its national resource adequacy assessment in a manner consistent with European resource adequacy assessment, that resource adequacy for a given period cannot be achieved and national security of supply may be endangered, despite having applied the measures outlined in the implementation plan referred to in Article 20(3) and carried out all primary capacity procurement processes as envisaged in an approved capacity mechanism, Member State applying a capacity mechanism other than strategic reserves may request the Commission approve a complementary extraordinary procurement process. 2. The complementary extraordinary procurement process as prescribed in paragraph 1: (a) shall be open to all capacity providers, including generation capacity, energy storage and demand side management resources which meet the necessary criteria to deliver on capacity obligations, but was not eligible to participate in the primary capacity procurement process, (b) shall not grant capacity providers with contracts longer than one year and shall not overlap with remuneration obtained on the basis of the primary capacity procurement process, (c) shall be organised as a competitive bidding process. 3. The Commission shall assess the request of the Member State based on the condition envisaged in paragraph 1 and adopt its decision within 3 months from the date of submission of the request.
Amendment 1032 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Regulation EU 2019/943
Article 69 – paragraph 1 a (new)
Article 69 – paragraph 1 a (new)
(13a) Article 69 is amended as follows: [a] the following paragraph 1a is added: ' By 1 July 2024, the Commission shall submit a report to the European Parliament and to the Council on how the EU State aid framework could be amended to allow Member States to support European electro-intensive industries that are considered strategic within the meaning of article 3 of [insert reference to Critical Raw Materials Act] with high electricity costs. These support mechanisms should be transitional in nature and could include measures such as transitional industrial electricity price schemes at national level.'
Amendment 1125 #
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 – subparagraph a)
Article 15 a – paragraph 1 – subparagraph a)
(a) Active customers shall be entitled to share renewable energy between themselves based on private agreements or through a legal entity up to capacity limit which shall be defined by the Member States .