Activities of Xabier BENITO ZILUAGA related to 2016/0377(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on risk-preparedness in the electricity sector and repealing Directive 2005/89/EC PDF (819 KB) DOC (113 KB)
Amendments (30)
Amendment 27 #
Proposal for a regulation
Recital 1
Recital 1
(1) The electricity sector in the Union is undergoing a profound transformation, characterised by more decentralised markets with more players, better interlinked systems and a higher proportion of renewable energy. In response, Directive xxx/ Regulation xxx [Reference to the proposed Electricity Directive and Electricity Regulation] aim to upgrade the legal framework governing the Union's internal electricity market, so as to ensure that markets and networks function in an optimal manner, to the benefit of businesses and consumerEU citizens.
Amendment 38 #
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation sets out a common framework of rules on how to prevent, prepare for and manage electricity crisis situations, bringing more transparency in the preparation phase and during an electricity crisis and ensuring that, even in a crisis, electricity is delivered where it is needed most. It requires Member States to cooperate at regional level, in a spirit of solidarity. It also sets out a framework for an effective monitoring of security of supply in Europe via the Electricity Coordination Group. This should result in better risk preparedness at a lower cost. It should also strengthen the internal energy market by enhancing trust and confidence across Member States and ruling out inappropriate state interventions in crisis situations, in particular avoiding undue curtailment of cross-border flows.
Amendment 44 #
Proposal for a regulation
Recital 12
Recital 12
(12) To ensure the coherence of risk assessments that builds trust between Member States in a crisis situation a common approach to identifying risk scenarios is needed. Therefore, ENTSO-Ethe Agency should develop a common methodology for risk identification in cooperation with the Agency, with ENTSO-E proposing the methodology and the Agency approving itENTSO-E.
Amendment 51 #
Proposal for a regulation
Recital 13
Recital 13
(13) On the basis of this common methodology, ENTSO-Ethe Agency should regularly draw up and update regional crisis scenarios and identify the most relevant risks for each region such as extreme weather conditions, natural disasters, fuel shortages or malicious attacks. When considering the crisis scenario of gas fuel shortage, the risk of gas supply disruption should be assessed based on the gas supply and infrastructure disruption scenarios developed by the European Network of Transmission System Operators for Gas pursuant to Article 6.6 of the Gas Security of Supply Regulation [proposed Gas Security of Supply Regulation]. Member States should establish and update their national crisis scenarios on this basis, in principle every three years. The scenarios should provide the basis for the risk- preparedness plans. When identifying risks on national level the Member States should also describe possible risks they see in relation to the ownership of infrastructure relevant for security of supply, and possible measures taken, if any, to address such risks (such as general or sector- specific investment screening laws, special rights for certain shareholders, etc.), with an indication why in their view such measures are justified.
Amendment 57 #
Proposal for a regulation
Recital 16
Recital 16
(16) The [proposed Electricity Regulation] prescribes the use of a common methodology for the medium to long-term European resource adequacy assessment (from 10 year-ahead to year ahead), with a view to ensuring that Member States' decisions as to possible investment needs are made on a transparent and commonly agreed basis. This assessment has a different purpose than the short-term adequacy assessments which are used to detect possible adequacy related problems in short time-frames, namely seasonal outlooks (six months ahead) and week-ahead to intraday adequacy assessments. Regarding short-term assessments, there is a need for a common approach to the way possible adequacy- related problems are detected. The ENTSO-E, under the supervision of the Agency, is to issue, winter and summer outlooks to alert Member States and transmission system operators to security of supply related risks that might occur in the following six months. To improve these outlooks, they should be based on a common probabilistic methodology proposed by ENTSO-E and approved by the Agency. In order to reinforce the regional approach to assessing risks, ENTSO-E should be able to delegate tasks related to seasonal outlooks to regional operational centres.
Amendment 66 #
Proposal for a regulation
Recital 25
Recital 25
(25) This Regulation should enable electricity undertakings and customers to rely on market mechanisms as laid down in [proposed Electricity Directive and Electricity Regulation] for as long as possible when coping with electricity crisis situations. Rules governing the internal market and system operation rules shcould be resuspected evennded in crisis situations. This means that non-market measures, such as forced demand disconnection, or the provision of extra supplies outside normal market functioning should be taken only as a last resort, when all possibilities offered by the market have been exhaustedwhen the continuation of market activities could lead to the further deterioration of a crisis situation. Therefore forced demand disconnection can be introduced only after all possibilities for voluntary demand disconnection have been exhausted. In addition, any non-market measures should be necessary, proportionate, non- discriminatory and temporary.
Amendment 69 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 75 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down rules for the cooperation between Member States in view of preventing, preparing for and handling electricity crises in a spirit of solidarity and transparency and in full regard for the requirements of a competitive internal market for electricity.
Amendment 88 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall notify the Commission without delay of the name and the contact details of the competent authority, once designated and make it public.
Amendment 98 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. By [OPOCE to insert exact date: two months after entry into force of this Regulation], ENTSO-E shall submit to the Agency a proposal forthe Agency shall establish a methodology for identifying the most relevant electricity crisis scenarios in a regional context.
Amendment 106 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
When considering the risks of gas disruption in the context of identifying the risks pursuant paragraph 2(c), ENTSO-Ethe Agency shall use the gas supply and infrastructure disruption scenarios developed by the European Network of Transmission System Operators for Gas pursuant to Art. 6.6 of the Gas Security of Supply Regulation [proposed Gas Security of Supply Regulation].
Amendment 109 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Before submitting the proposed methodology, ENTSO-Ethe Agency shall conduct a consultation exercise involving at least the industry and consumer organisations, environmental organisations, trade- unions, distribution system operators, national regulatory authorities and other national authorities. ENTSO-EThe Agency shall duly take into account the results of the consultation.
Amendment 112 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 113 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. ENTSO-EThe Agency shall update and improve the methodology regularly in accordance with paragraphs 1 to 5. The Agency or the Commission may request such updates and improvements with due justification. Within six months from the request, ENTSO-Ethe Agency shall submit to the Agency a draft of the proposed changes. Within a period of two months of receiving the draft, the Agency shall amend or approve the changes and publish it, the Agency shall publish the changes on its website.
Amendment 123 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. By [OPOCE to insert exact date: ten months after entry into force of this Regulation] and on the basis of the methodology adopted pursuant to Article 5, ENTSO-Ethe Agency shall identify the most relevant electricity crisis scenarios for each region. It may delegate tasks relating to the identification of regional crisis scenarios to the regional operational centres.
Amendment 126 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. ENTSO-EThe Agency shall submit the regional electricity crisis scenarios identified to the Electricity Coordination Group for consultation.
Amendment 128 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. ENTSO-EThe Agency shall update the scenarios every three years, unless circumstances warrant more frequent updates.
Amendment 143 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – introductory part
Article 8 – paragraph 1 – subparagraph 1 – introductory part
By [OPOCE to insert exact date: two months after entry into force of this Regulation], ENTSO-E shall submit to the Agency a proposal forthe Agency shall establish a methodology for assessing short-term adequacy, namely seasonal adequacy as well as week-ahead to intraday adequacy, which shall cover at least the following:
Amendment 152 #
2. Before submitting the proposedestablishing a methodology, ENTSO-Ethe Agency shall conduct a consultation involving at least the industry and consumer, environmental organisations, trade-unions, distribution system operators, national regulatory authorities and other national authorities. ENTSO-EThe Agency shall duly take into account the results of the consultation.
Amendment 153 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 154 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. ENTSO-EThe Agency shall update and improve the methodology regularly in accordance with paragraphs 1 to 3. The Agency or the Commission may request such updates and improvements with due justification. Within six months from the request, ENTSO-Ethe Agency shall submit to the Agency a draft of the proposed changes. Within a period of two months of receiving the draft, the Agency shall amend or approve the changes and publish it, the Agency shall publish the changes on its website.
Amendment 158 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. ENTSO-EThe Agency shall carry out seasonal adequacy outlooks according to the methodology developed pursuant to Article 8. It shall publish the results at the latest by 1 December each year for the winter outlook and by 1 June for the summer outlook. It may delegate tasks relating to the outlooks to regional operational centres. It shall present the outlooks to the Electricity Coordination Group, which may give recommendations on the results, where appropriate.
Amendment 164 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. On the basis of the regional and national electricity crisis scenarios identified pursuant to Articles 6 and 7, the competent authority of each Member State shall establish a risk-preparedness plan, after consulting the electricity and gas undertakings, the relevant environmental organisations, trade-unions, organisations representing the interests of household and industrial electricity customers and the national regulatory authority (where it is not the competent authority).
Amendment 176 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. The Member States shall make the plans publicensure that all relevant information is made public and easily accessible, while ensuring that the confidentiality of sensitive information is preserved, notably information on measures relating to the prevention and mitigation of malicious attacks.
Amendment 182 #
Proposal for a regulation
Article 11 – paragraph 1 – point g
Article 11 – paragraph 1 – point g
(g) identify possiblethe contribution of non- market measures to be implemented in electricity crisis situations, specifying the trigger, conditions and procedures for their implementation, and indicating how they comply with the requirements set out in Article 15;
Amendment 184 #
Proposal for a regulation
Article 11 – paragraph 1 – point h
Article 11 – paragraph 1 – point h
(h) provide a detailed load shedding plan, stipulating when loads are to be shed, in what circumstances and what values of load are to be shed. The plan shall specify which categories of electricity users are to receive special protection against disconnection, and justify the need for such protection, notably with regard to public safety and, personal security and the continuity of essential public services;
Amendment 187 #
Proposal for a regulation
Article 11 – paragraph 1 – point i a (new)
Article 11 – paragraph 1 – point i a (new)
(ia) Take into account the environmental impacts of the defined measures;
Amendment 188 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. As far as possible, priority should be given to measures based on renewable energy sources.
Amendment 205 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where necessary and possible Member States shall offer each other assistance to prevent or mitigate an electricity crisis. Such assistance shall be subject to fair compensation, taking into account the financial capacities of the Member States.
Amendment 210 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Non-market measures may be activated in a crisis situation and only if all options provided by the market have been exhausWhen the functioning of the market can jeopardize the resolution of the crisis, non-market measures shall be activated. They shall not unduly distort competition and the effective functioning of the electricity market. They shall be necessary, proportionate, non- discriminatory and temporary.