Activities of Valérie HAYER related to 2023/0077(COD)
Shadow opinions (1)
Opinion on the Commission proposal on amending Regulations (EU) No 1227/2011 and (EU) 2019/942 to improve the Union’s protection against market manipulation in the wholesale energy market (2023/0076 (COD)) and 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 (11)
Amendment 188 #
Proposal for a regulation
Recital 1
Recital 1
(1) Very high prices and volatility in electricity markets have been observed since September 2021. As set out by the European Agency for the Cooperation of Energy Regulators (‘ACER’) in its April 2022 assessment of EU wholesale electricity market design17, this is mainly a consequence of the high price of gas, which is used as an input to generate electricity. Additional factors such as, maintenance, corrosion problems or outages experienced in various production plants further amplified the increase in electricity prices. _________________ 17 European Union Agency for the Cooperation of Energy Regulators, ACER’s Final Assessment of the EU Wholesale Electricity Market Design, April 2022.
Amendment 200 #
Proposal for a regulation
Recital 4
Recital 4
(4) On 18 May 2022 the Commission presented the REPowerEU plan20 that introduced additional measures focusing on energy savings, diversification of energy supplies and accelerated roll-out of renewable energy and other fossil-free solutions aiming at ending the Union’s dependency on Russian fossil fuels, including a proposal to increase the Union’s 2030 target for renewables to 45%. Furthermore, the Communication on Short-Term Energy Market Interventions and Long-Term Improvements to the Electricity Market Design21, in addition to setting out additional short-term measures to tackle high energy prices identified potential areas for improving the electricity market design and announced the intention to assess these areas with a view to change the legislative framework. _________________ 20 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions - REPowerEU Plan, COM(2022)230. 21 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Short- Term Energy Market Interventions and Long Term Improvements to the Electricity Market Design – a course for action, COM(2022) 236 final.
Amendment 266 #
Proposal for a regulation
Recital 27
Recital 27
(27) In this framework, Member States should strive to create the right market conditions for long-term market-based instruments, such as power purchase agreements (‘PPAs’). PPAs are bilateral purchase agreements between producers and buyers of electricity. They provide long-term price stability for the customer and the necessary certainty for the producer to take the investment decision. PPAs therefore help to support the competitiveness of the Union’s businesses, including SMEs, who face international competition . Nevertheless, only a handful of Member States have active PPA markets and buyers are typically limited to large companies, not least because PPAs face a set of barriers, in particular the difficulty to cover the risk of payment default from the buyer in these long-term agreements. Member States should take into consideration the need to create a dynamic PPA market when setting the policies to achieve the energy decarbonisation objectives set out in their integrated national energy and climate plans.
Amendment 371 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2019/943
Article 1 – point e
Article 1 – point e
(e) support long-term investments in renewable and fossil-free energy generation and enable consumers’ to make their energy bills less dependent from fluctuations of short-term electricity market prices, in particular fossil fuel prices in the medium to long-term.
Amendment 402 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 77
Article 2 – point 77
(77) ‘power purchase agreement’ or ‘PPA’ means a contract under which a natural or legal person agrees to purchase electricity from an electricity producer on a market basicommercial terms;
Amendment 529 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
(EU) 2019/944
Article 8 paragraph 1
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, the intraday cross-zonal gate closure time shall be at the earliest 30 minutes ahead of real time.
Amendment 534 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
(EU) 2019/944
Article 8 paragraph 3
Article 8 paragraph 3
NEMOs shall provide products for trading in day-ahead and intraday markets which are sufficiently small in size, with minimum bid sizes of 100kW or less, to allow for the effective participation of demand-side response, energy storage and small-scale renewables including direct participation by customers. Derogation may be granted until December 2026.
Amendment 632 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
(EU) 2019/944
Article 19a paragraph 1
Article 19a paragraph 1
1a. 1bis. Member States shall encourage that PPAs contracts reflect the conditions under which the producer generates electricity including its cost of production, while not preventing competition between producers. National regulatory authorities shall provide guidelines on the condition of conclusion of such contracts and may collect relevant information from the producer or the buyer to that extent.
Amendment 992 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Amendment 1117 #
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
Article 15 a – paragraph 1
1. All households, small and medium sized enterprises and public bodies have the right to participate in energy sharing as active customers. Member States shall establish a framework that enables energy sharing. This framework shall include at least the following provisions:
Amendment 1126 #
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 – point a
Article 15 a – paragraph 1 – point a
(a) Active customers shall be entitled to share renewable energy between themselves based on private agreements or through a legal entitythrough a legal entity up to a capacity limit of 3MW.