BETA

Activities of Edward CZESAK related to 2016/0030(COD)

Plenary speeches (1)

2016/11/22
Dossiers: 2016/0030(COD)

Shadow reports (1)

2016/11/22
Committee: ITRE
Dossiers: 2016/0030(COD)
Documents: PDF(1 MB) DOC(230 KB)

Amendments (27)

Proposal for a regulation
Article 2 – subparagraph 2 – point 2

(2) ‘'essential social service' means a healthcare, emergency or, security, education, childcare or defence service;

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 7 a (new)

7a. During an emergency, defined in Article 10 (1) (c) and 11(1), gas flow through bi-directional permanent capacity constructed to enhance the security of gas supply in of a Member State shall have priority over gas flow through other points in the system.

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. The competent authority shall ~~requi~~ensure theat natural gas undertakings, ~~that it identifies,~~ to take measures to ensure the supply of gas to the protected customers of the Member State in each of the following cases:

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

No later than 31 March 2017 Member States shall notify the Commission their definition of protected c~~ustomers, the~~onsumers which shall apply until 31 December 2018, 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 ga, as well as the extent to which the gas supply to its protected customers may influence cross- border flows to other Member States.

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. The competent authorities of each region as listed in Annex I shall jointly make an assessment at regional level of all risks affecting the security of gas supply ("risk assessment"). The assessment shall take into account all relevant risks such as natural disasters, technological, commercial, social, political and other risks. The risk assessment shall, inter alia, be carried out by:

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 1 – point c – point ii

(ii) disruption of gas supplies, inter alia from third country suppliers, as well as, where appropriate, geopolitical risks;

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 1 – point c – point ii a (new)

(iia) ability to satisfy the demand of protected customers in the region during supply disruption at national, regional and union-wide level, from the single largest supplier from a third country;

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)

(da) taking into account risks related to the control of infrastructure relevant for the security of gas supply by natural gas undertakings from a third country, which may also be located outside the European Union, whereas the control, may imply, inter alia, risks of under-investment, undermining diversification, misuse of existing infrastructure or a breach of Union law;

2016/06/20
Committee: ITRE

Proposal for a regulation
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 takeThe competent authorities shall take into account the results of the Union wide simulations carried out by ENTSO for Gas into acco~~unt the results of the simulations~~rdance with art. 10a (1) 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.~~

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. The competent authorities of the Member States of each region ~~as listed in Annex I~~, after consulting the natural gas undertakings, transmission system operators for electricity, the relevant organisations representing the interests of household and industrial gas customers, including electricity producers, ~~and the national regulatory authorities, where they are not the competent authorities,~~ shall establish jointly:

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2

The Commission shall issue an opinion to the competent authorities of the region 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: (a) is not effective to mitigate the risks as identified in the risk assessment; (b) is inconsistent with the risk scenarios assessed or with the plans of another region; (c) may distort competition or hamper the functioning of the internal energy market; (d) does not comply with the provisions of this Regulation or other provisions of Union law; (e) endangers the security of gas supply of other Member States or of the Union as a whole.deleted

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2

In the event of disagreement, the Commission may, within three months of the reply of the competent authorities, take a decision requiring the amendment of the relevant plan. The competent authorities shall adopt and publish the plan within three months of the notification of Commission decision.deleted

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 8 – paragraph 1 – point e

(e) the other preventive measures designed to address the risks identified in the risk assessment, such as those relating to the need to enhance interconnections between neighbouring Member States and the possibility to diversify gas routes and sources of supply, if appropriate, to address the risks identified in order to maintain gas supply to all customers ~~as far~~for as long as possible;

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 8 – paragraph 4

4. The Member States shall carry out an impact assessment on all preventive non-market based measures to be adopted after the entry into force of this Regulation, including the measures to comply with the supply standard set out in Article 5(1) and the measures for the increased supply standard set out in Article 5(2). Such impact assessment shall cover at least the following: (a) impact of the proposed measure on the development of the national gas market and competition at national level; (b) impact of the proposed measures on the internal gas market; (c) potential impact on the security of gas supply of neighbouring Member States, notably for those measures that could reduce the liquidity in regional markets or restrict flows to neighbouring Member States; (d) the costs and benefits of the measures, assessed against alternative market based- measures; (e) assessment of necessity and proportionality of the measure in comparison with possible market based measures; (f) openness of the measure, in order to ensure equal possibilities for all market participants; (g) phase-out strategy, the expected duration of the envisaged measure and an appropriate review calendar. The analysis referred to in points (a) and (b) shall be carried out by the national regulatory authorities.deleted

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 8 – paragraph 5

5. 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. The Commission may take a decision requiring the amendment or withdrawal of a measure where a measure is: (a) likely to distort the Union internal market; (b) likely to distort the development of the national gas market; (c) not necessary or proportionate to ensure security of supply; or (d) likely to jeopardize the security of supply of other Member States. The adopted measure shall only enter into force when it is approved by the Commission or has been amended in accordance with the Commission decision.deleted

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 9 – paragraph 1 – point b

(b) define the role and responsibilities of natural gas undertakings, transmission system operators for electricity 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);

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 9 – paragraph 1 – point h

(h) identify the contribution of market- based measures, for coping with the situation at alert level and mitigating the situation at emergency level;

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 10 a (new)

Article 10a Emergency Supply Corridors 1. By 1 November 2017, ENTSO for Gas shall perform the tasks set out in this paragraph. It shall carry out a Union-wide simulation of supply and infrastructure disruption scenarios. All possible scenarios shall be defined by ENTSO for Gas and agreed 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. It shall establish and asses Emergency Supply Corridors that define key infrastructure that allows for transportation of gas from a gas source and between regions in order to prevent fragmentation of the internal gas market. The results of that assessment and the proposal of the Emergency Supply Corridors shall be agreed with the Gas Coordination Group. That Union-wide simulation and those Emergency Supply Corridors shall be updated every four years unless circumstances warrant more frequent updates. In case of development of new gas supply corridor, the new simulation of disruption and Emergency Supply Corridor shall be added within 6 months from the establishment of the new gas supply corridor. 2. In the event of an emergency declared by one or more competent authorities , the Member States on the Emergency Supply Corridors shall ensure that all essential information is provided as regards the gas supply, in particular, available gas quantities, possible modalities and sources for gas channelling to the Member States having declared the emergency . Member States on the Emergency Supply Corridor shall ensure that no measures prevent the supply of gas to the Member States that have declared the emergency. 3. The Emergency Supply Corridors shall be included in Annex.

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

As long as ~~the~~gas supply to ~~households, essential social services and district heating installation~~protected customers in the Member State tha~~ving declared the emergency is not satisfied, despite~~t have called for the application of ~~the~~solidarity measures i~~n paragraph 1~~s not satisfied, the gas supply to customers other than ~~households, essential social services and district heating installation~~protected customers in any other Member State, directly connected to theat Member State ~~which declared the emergency~~, shall not continue to the extent necessary to supply the ~~households, essential social services and district heating installation~~protected customers in the Member States having declared the emergency.

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 13 – paragraph 6 – point b

(b) to the competent authority and to the Commission immediately after their conclusion or modification the gas supply contracts with suppliers from the same third country or from their affiliates, with a duration of more than 1 year concluded or modified after [OP: Please insert the date of entry in force of this Regulation] that individually or cumulatively with ~~other contracts with the same supplier or its affiliates provide more than 40% of yearly natural gas consumption in~~contracts of other natural gas undertakings on the same national market with suppliers from the same third country or their affiliates provide more than 40% of total annual gas imports from third countries to the Member State concerned. The notification obligation shall not apply to the ~~modifications related only to the~~ gas price. The notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract. To that end, the national regulatory authorities shall monitor the market supply structure and inform the relevant natural gas undertakings once the 40% threshold is exceeded.

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 13 – paragraph 8 a (new)

8a. If the Commission finds the terms of a gas supply contract to infringe the provisions of the European Union law, it may consider launching further procedure, inter alia under Union competition law. The Commission shall inform the natural gas undertaking concerned and respective competent authority about incompatibility of the terms of the gas supply contract with provisions of the European Union law and request that terms of the contract be amended. The natural gas undertaking or the relevant competent authority shall, within three months of the request, notify the amendment to the Commission or shall inform the Commission of the reasons why it the request cannot be satisfied. The Commission shall, within three months of the natural gas undertaking's or competent authority's reply, amend, withdraw or confirm its request. The Commission shall give detailed reasons for its position.

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 15 – paragraph 1 – introductory part

1. TWhere Energy Community Contracting Party fully implemented Directive 2009/73/EC, Regulation (EC) No 715/2009, network codes established according to the procedure as set out in Article 6 of Regulation (EC) No 715/2009 and Regulation (EU) No [xxx/xxxx/xx] [OP: Please insert number of Regulation once adopted] the second sentence of Article 3(2), Article 3(6), Article 4(3), (4) and (6), Article 5(2), point (d) of Article 6(1), points (b) and (e) of Article 7(5), points (e), (g), (i), of Article 8(1), point (b) and (c) of Article 8(4), points (j) and (m) of Article 9(1), Article 9(4), Article 10(4), Article 11(5) and Article 12 shall create obligations for the Members States towards an Energy Community Contracting Party subject to the following procedure:

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2

Following the notification of the Energy Community Secretariat, the Co~~mmission~~uncil takes a decision confirming the applicability of reciprocal obligations between the Member States and the Energy Community Contracting Party in view of application of this paragraph, indicating the date as of which these mutual obligations apply.

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 18 – paragraph 2

2. The power to adopt delegated acts referred to in Article 6(3) and Article 7(3) shall be conferred on the Commission for an undetermined period of time from the [OP: please insert the date of entry into force of ~~the~~ this Regulation].

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 21 – paragraph 1

TWithout prejudice to Article 2 (1), this Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 21 a (new)

Article 21a Article 2(1) shall enter into force on 1 January 2019.

2016/06/20
Committee: ITRE

Proposal for a regulation
Article 21 b (new)

Article 21b Until 31 December 2018, Article 2 point 1 of the Regulation (EU) No 994/2010 shall remain in force.

2016/06/20
Committee: ITRE