48 Amendments of Notis MARIAS related to 2016/0030(COD)
Amendment 22 #
Proposal for a regulation
Recital 1
Recital 1
(1) Natural gas (gas) remains an essential component of the energy supply of the Union. A large proportion of such gas is imported into the Union from third countries.
Amendment 23 #
Proposal for a regulation
Recital 2
Recital 2
(2) A major disruption of the gas supply can affect all Member States, and 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 social impact, particularly on vulnerable groups of customers.
Amendment 37 #
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 39 #
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 must be made for solidarity and coordination in the response to supply crises, as regards both preventive action and the reaction to actual disruptions of supply.
Amendment 46 #
Proposal for a regulation
Recital 9
Recital 9
(9) In a spirit of solidarity, regional cooperation, involvingthe involvement of both public authorities and natural gas undertakings, should be the guiding principle of this Regulation, to identify the relevant risks in each region and optimise the benefits of coordinated measures to mitigate them and to implement the most cost-effective measures for Union consumers.
Amendment 49 #
Proposal for a regulation
Recital 10
Recital 10
(10) Certain customers, including households and customers providing essential social services, are particularly vulnerable and may need social protection. A definition of such protected customers should not conflict with the Union solidarity mechanisms.
Amendment 52 #
Proposal for a regulation
Recital 13
Recital 13
(13) The infrastructure standard should obligeencourage certain 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. 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 53 #
Proposal for a regulation
Recital 14
Recital 14
(14) Regulation (EU) No 994/2010 requires transmission system operators to enable permanent bi-directional capacity on all cross-border interconnections unless an exemption has been granted from this obligation. It aims to ensure that the possible benefits of permanent bi- directional capacity are always taken into account when a new interconnector is planned. However, bi-directional capacity can be used to supply gas both to the neighbouring Member State and to others along the gas supply corridor. The benefits for security of supply of enabling permanent bi-directional capacity thus need to be seen in a broader perspective, in a spirit of solidarity and enhanced cooperation. A cost-benefit analysis that takes account of the whole transportation corridor should therefore be conducted when considering whether to implement bi-directional capacity. The competent authorities should accordingly be required to re- examine the exemptions granted under Regulation (EU) 994/2010 on the basis of the results of the regional risk assessments.
Amendment 54 #
Proposal for a regulation
Recital 15
Recital 15
(15) Council Directive 2008/114/EC16 lays down a process with a view to enhancing the security of designated European critical infrastructure, including certain gas infrastructure, in the Union. Directive 2008/114/EC together with this Regulation contributes to creating a comprehensive approach to the energy security of the Union. __________________ 16 Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (OJ L 345, 23.12.2008, p. 75).
Amendment 60 #
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, infrastructural, commercial, financial, social, 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 65 #
Proposal for a regulation
Recital 24
Recital 24
(24) The roles and responsibilities of all natural gas undertakings and competent authorities should therefore be defined precisely in order to keep the internal gas market functioning properly, particularly in the event of supply 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 70 #
Proposal for a regulation
Recital 28
Recital 28
(28) Demand-side measures, such as fuel switching or reducing the gas supply to large industrial consumers in an economically efficient order, may have a valuable role to play in ensuring energy security, if they can be applied quickly and significantly reduce demand in response to a supply 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 be taken into account.
Amendment 82 #
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 should 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. 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 the 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, and the Commission should intervene 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 118 #
Proposal for a regulation
Article 6 – paragraph 1 – point c – point ii
Article 6 – paragraph 1 – point c – point ii
(ii) disruption of supplies from third country suppliers, as well as, where appropriate, geopolitical risk or reduction of supplies because of overconsumption in transit countries;
Amendment 131 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point c
Article 7 – paragraph 5 – subparagraph 2 – point c
Amendment 132 #
Proposal for a regulation
Recital 1
Recital 1
(1) Natural gas (gas) remains an essential component of the energy supply of the Union. A large proportion of such gas is imported into the Union from third countries.
Amendment 138 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
Amendment 142 #
Proposal for a regulation
Recital 2
Recital 2
(2) A major disruption of the gas supply can affect all Member States, and 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 social impact, particularly on vulnerable groups of customers.
Amendment 143 #
Proposal for a regulation
Article 9 – paragraph 1 – point k
Article 9 – paragraph 1 – point k
Amendment 144 #
Proposal for a regulation
Article 9 – paragraph 1 – point n
Article 9 – paragraph 1 – point n
Amendment 155 #
Proposal for a regulation
Article 11 – paragraph 5 – point b
Article 11 – paragraph 5 – point b
(b) no measures are introduced that are likely to endanger seriously the gas supply situation in another Member State; and
Amendment 156 #
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 165 #
Proposal for a regulation
Article 13 – paragraph 6 – point b
Article 13 – paragraph 6 – point b
Amendment 167 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
Amendment 169 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
Amendment 170 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 170 #
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 must be made for solidarity and coordination in the response to supply crises, as regards both preventive action and the reaction to actual disruptions of supply.
Amendment 174 #
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
This Regulation shall not apply to Malta and Cyprus for as long as no gas is supplied on their respective tethe regional group of Member States along the ‘Southern Gas Corritdories’ as defined in Annex I. For Malta and Cyprus the obligations laid down in, and the choices those Member States are entitled to make pursuant to, the following provisions shall be fulfilled and made within the specified time after the date when gas is first supplied on their respective territories:
Amendment 187 #
Proposal for a regulation
Recital 9
Recital 9
(9) In a spirit of solidarity, regional cooperation, involvingthe involvement of both public authorities and natural gas undertakings, should be the guiding principle of this Regulation, to identify the relevant risks in each region and optimise the benefits of coordinated measures to mitigate them and to implement the most cost-effective measures for Union consumers.
Amendment 191 #
Proposal for a regulation
Recital 10
Recital 10
(10) Certain customers, including households and customers providing essential social services, are particularly vulnerable and may need social protection. A definition of such protected customers should not conflict with the Union solidarity mechanisms.
Amendment 199 #
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. 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 202 #
Proposal for a regulation
Recital 14
Recital 14
(14) Regulation (EU) No 994/2010 requires transmission system operators to enable permanent bi-directional capacity on all cross-border interconnections unless an exemption has been granted from this obligation. It aims to ensure that the possible benefits of permanent bi- directional capacity are always taken into account when a new interconnector is planned. However, bi-directional capacity can be used to supply gas both to the neighbouring Member State and to others along the gas supply corridor. The benefits for security of supply of enabling permanent bi-directional capacity thus need to be seen in a broader perspective, in a spirit of solidarity and enhanced cooperation. A cost-benefit analysis that takes account of the whole transportation corridor should therefore be conducted when considering whether to implement bi-directional capacity. The competent authorities should accordingly be required to re- examine the exemptions granted under Regulation (EU) 994/2010 on the basis of the results of the regional risk assessments.
Amendment 205 #
Proposal for a regulation
Recital 15
Recital 15
(15) Council Directive 2008/114/EC16 lays down a process with a view to enhancing the security of designated European critical infrastructure, including certain gas infrastructure, in the Union. Directive 2008/114/EC together with this Regulation contributes to creating a comprehensive approach to the energy security of the Union. __________________ 16 Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (OJ L 345, 23.12.2008, p. 75).
Amendment 246 #
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, infrastructural, commercial, financial, social, 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 258 #
Proposal for a regulation
Recital 24
Recital 24
(24) The roles and responsibilities of all natural gas undertakings and competent authorities should therefore be defined precisely in order to keep the internal gas market functioning properly, particularly in the event of supply 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 274 #
Proposal for a regulation
Recital 28
Recital 28
(28) Demand-side measures, such as fuel switching or reducing the gas supply to large industrial consumers in an economically efficient order, may have a valuable role to play in ensuring energy security, if they can be applied quickly and significantly reduce demand in response to a supply 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 be taken into account.
Amendment 307 #
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 should 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. 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 the 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, and the Commission should intervene 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 485 #
Proposal for a regulation
Article 6 – paragraph 1 – point c – point ii
Article 6 – paragraph 1 – point c – point ii
(ii) disruption of supplies from third country suppliers, as well as, where appropriate, geopolitical risk or reduction of supplies because of overconsumption in transit countries;
Amendment 557 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point c
Article 7 – paragraph 5 – subparagraph 2 – point c
Amendment 624 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
Amendment 639 #
Proposal for a regulation
Article 9 – paragraph 1 – point k
Article 9 – paragraph 1 – point k
Amendment 641 #
Proposal for a regulation
Article 9 – paragraph 1 – point n
Article 9 – paragraph 1 – point n
Amendment 666 #
Proposal for a regulation
Article 11 – paragraph 5 – point b
Article 11 – paragraph 5 – point b
(b) no measures are introduced that are likely to endanger seriously the gas supply situation in another Member State; and
Amendment 736 #
Proposal for a regulation
Article 13 – paragraph 6 – point b
Article 13 – paragraph 6 – point b
Amendment 750 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
Amendment 770 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
Amendment 772 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 790 #
Proposal for a regulation
Article 19 – subparagraph 1 – introductory part
Article 19 – subparagraph 1 – introductory part
This Regulation shall not apply to Malta and Cyprus for as long as no gas is supplied on their respective teto the regional group of Member States of the 'Southern Gas Corritdories', as set out in Annex I. For Malta and Cyprus the obligations laid down in, and the choices those Member States are entitled to make pursuant to, the following provisions shall be fulfilled and made within the specified time after the date when gas is first supplied on their respective territories: