96 Amendments of Marc BOTENGA related to 2023/0077(COD)
Amendment 190 #
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 ofJuly 2021. This is mainly a consequence of the design of the liberalised energy market. Additional factors such as the high price of gas, which is used as an input to generate electricity. _________________ 17 European Union Agency for the Cooperation of Energy Regulators, ACER’s Final Assessment of the EU Wholesale Electricity Market Design, April 2022, and maintenance, corrosion problems and outages experienced in several nuclear reactors further amplified the increase in electricity prices.
Amendment 191 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) As expressed by the President of the European Commission Ursula van der Leyen1a, the skyrocketing electricity prices exposed the limitations of the current market design, and there is a need for a structural reform of the electricity market. The high prices of electricity depend of the expensive fossil-based (gas and coal) electricity production as it is based on an algorithm that rely on a discriminatory marginal pricing system where the actual production cost of electricity is not being taken into account. The reform should prepare the ground for other price formulation system, which should reflect the average production costs to avoid speculation and unjust windfall profit. _________________ 1a European Parliament Plenary session 08/06/202 - Conclusions of the special European Council meeting of 30-31 May 20222
Amendment 201 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 205 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
Amendment 210 #
Proposal for a regulation
Recital 7
Recital 7
(7) The current electricity market design has also helped the emergence of new and innovative products, services and measures on retail electricity markets, supporting energy efficiency and renewable energy uptake and enhancing choice so as to help consumers reduce their energy bills also through small-scale generation installations and emerging services for providing demand response. Building on and seizing the potential of the digitalisation of the energy system, such as active participation by consumers, should be a key element of our future electricity markets and systems. At the same time, there is a need to respect consumer choices and allow consumers to benefit from a variety of contract offers.
Amendment 213 #
(7a) Electricity is a universal service of general economic interest and is vital to maintaining a decent standard of living to protect people’s dignity and integrity as required by Article 3 of the Charter of the Fundamental Rights of the European Union. It provides essential functions such as adequate and clean heating, hot water, cooling, lighting, cooking, and powering appliances. The Union recognises that people have a right to energy as a universal service in line with Article 36 of the Charter of the Fundamental Rights of the European Union and Principle 20 of the European Pillar of Social Rights to fully ensure realisation of the Sustainable Development Goal 7 that the Union committed itself at the United Nations Summit on Sustainable Development on 25 September 2015 to implementing the resolution containing the outcome document entitled ‘Transforming our world: the 2030 Agenda for Sustainable Development’. Therefore Member States shall guarantee planning and financing policies are needed to provide affordable and decarbonised electricity to all consumers. Therefore, electricity should be considered as common good and as such all citizens of the European Union should be entitled an affordable access as a fundamental right.
Amendment 220 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 228 #
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure the efficient integration of electricity generated from variable renewable energy sources and to reduce the need for fossil-fuel based electricity generation in times when there is high demand for electricity combined with low levels of electricity generation from variable renewable energy sources, it should be possible for transmission system operators to design a peak shaving product enabling demand response to contribute to decreasing peaks of consumption in the electricity system at specific hours of the day. The peak shavinghe Commission, together with ACER and ENTSO-E, should assess the impacts on the functioning of the electricity market of the introduction of peak shaving products by the transmission and distribution system operators outside electricity price crisis situations. These products should contribute to maximize the integration of electricity produced from renewable sources into the system by shifting the electricity consumption to moments of the day with higher renewable electricity generation. As the peak shaving product aims to reduce and shift the electricity consumption, the scope of this product should be limited tohelp to reduce the electricity demand and price during peak hours, while ensuring these products do not to distort the functioning of the day- ahead, intraday and balancing markets and do not cause a redirection of demand side response. The procurement of the peak shaving product should take place in such a way that it does not overlap with the activation services towards peak shaving products. The assessment should also evaluate the possibility of balancing products which aim at maintaining the frequency of the electricity system stable. In order to verify volumes of activated demand reduction, the transmission system operator should use a baseline reflecting the expected electricity consumption without the activation of the peak shaving productlowing transmission and distribution system operators to own energy storage facilities, which costs should be supported through grid access tariffs.
Amendment 242 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 254 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The energy transition requires a rapid acceleration in the deployment of renewables, onshore and offshore, and electrified demand promoting sector coupling. Such a prompt ramp-up of installations, together with the inherent complexities of managing an electricity system with variable and distributed resources, is posing substantial challenges to the grids. In general, the transmission grid will incorporate large amounts of onshore and offshore renewable capacities and transmit the electricity to demand areas, further interconnect Member States and enable flows from distributed renewables to other demand areas. The distribution grid will incorporate most new onshore renewable capacities and electrified and smart household demand. National regulatory authorities will play a central role in ensuring that enough investment goes into the necessary grid development, expansion and reinforcement. Surplus revenues should be fairly distributed between the consumers and to support investments. Regulatory authorities should promote the utilisation of anticipatory investments, encouraging the acceleration of grid development to meet the accelerated deployment of renewable generation and smart electrified demand such as electric vehicles and heat pumps. This may be the case in particular for designated renewables acceleration areas where anticipatory investments will be instrumental in ensuring that grids become enablers and not bottlenecks.
Amendment 257 #
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 offshorof those projects 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 Regulasupport schemes could be designed to introduce compensations when these projects have reduced access to interconnected markets due to grid congestion.
Amendment 262 #
Proposal for a regulation
Recital 25
Recital 25
(25) Given the role of the price in the day-ahead market as a reference for the price in other wholesale electricity markets, and the fact that all market participants receive the clearing price, the technologies with significantly lower marginal costs have consistently recorded high revenues. The marginal pricing design per se should be removed onto a fairer model of price setting, based on production costs.
Amendment 275 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) The Commission should evaluate the best fitting implementation instruments to ensure that the Power Purchase Agreements are accessible to all types of customers and market participants, including SMEs. This is necessary to address the risk of preserving the most advantageous contracts to large scale consumers, such as energy intensive industries. Furthermore, Member States should implement measures to ensure that the price settled in a Power Purchase Agreements is representative enough of the production cost to prevent unfair competition.
Amendment 285 #
Proposal for a regulation
Recital 33
Recital 33
(33) In view of the need to provide regulatory certainty of producers, the obligation for Member States to apply direct price support schemes for the production of electricity in the form of two-way contracts for difference should apply only to newto all investments and existing capacity for the generation of electricity from the sources specified in the recital above.
Amendment 289 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 292 #
Proposal for a regulation
Recital 36
Recital 36
Amendment 297 #
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The most needed deployment of variable renewable energy generation will only reach its full potential with the deployment of additional energy storage. The future energy system will need more flexibility, stability and reliability to achieve the objectives of the European Green Deal and the Climate Law. Energy storage should play a crucial role in the current and future energy system. It can help decarbonise the economy and increase the efficiency and security of energy supply by providing flexibility, stability and reliability. Energy storage can also lower electricity prices during peak times, reduce price fluctuations and empower consumers to adapt their energy consumption to prices and their needs. Member States should define separate national quantifiable objectives for demand response and energy storage which should be reflected in their integrated national energy and climate plans. As the single market is not well designed to ensure adequate remuneration to energy storage capacity owners, transmission and distribution system operators should be allowed to own energy storage capacities. To achieve the goal of price stability and the decarbonisation of our electricity production, the development of energy storage should not be on a profit-based model. In the light of those plans, the Commission should assess the coherence between the Member States' national targets and the needs of the Union electricity system and propose, where appropriate, measures at EU level to boost demand response and energy storage.
Amendment 306 #
Proposal for a regulation
Recital 38
Recital 38
(38) To achieve the national objective for non-fossil flexibility such as demand side response and storage investment needs, Member States can design or redesign capacity mechanisms in order to create a green and flexible capacity mechanism. Member States that apply a capacity mechanism in line with the existing rules should promote the participation of non-fossil flexibility such as demand side response and energy storage by introducing additional criteria or features in the design.
Amendment 310 #
Proposal for a regulation
Recital 39
Recital 39
(39) To support environmental protection objectives the CO2 emissions’ limit, set out in Article 22(4) of Regulation (EU) 2019/943 of the European Parliament and of the Council, should be seen as an upper limit. This limit should be reviewed periodically by the Commission and gradually lowered with the objective to reach 250g CO2 of fossil fuel origin per kWh of electricity in 2040. Therefore, Member States could set technical performance standards and CO2 emissions’ limits that restrict participation in capacity mechanisms to flexible, fossil-free technologies in full alignment with the Guidelines on State aid for climate, environmental protection and energy27which encourage Member States to introduce green criteria in capacity mechanisms. _________________ 27 Communication from the Commission – Guidelines on State aid for climate, environmental protection and energy 2022 (OJ C 80, 18.2.2022, p. 1).
Amendment 318 #
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 they could apply flexibility support schemes consisting of payments for the available capacity of non- fossil flexibility such as demand side response and energy storage.
Amendment 327 #
Proposal for a regulation
Recital 43
Recital 43
(43) During the energy crisis, consumers have been exposed to extremely volatile wholesale energy prices and had limited opportunities to engage in the energy market. Consequently, many households, have been facing difficulties when paying their bills. Vulnerable consumers and the energy poor are the hardest hit28, but middle-income households have also been exposed to such difficulties. High energy prices have a negative impact on consumers' health, well-being, social inclusion and quality of life : the energy crisis claimed 68,000 lives in Europe1a. It prevents people from adequately heating or cooling their homes, and forces them to live in such conditions that increase health risks (cardiac and respiratory problems for instance).It is therefore important to update consumer rights and protections, allowing consumers to benefit from the energy transition, decouple their electricity bills from short term price movements on energy markets and rebalance the risk between suppliers and consumers. _________________ 1a Study published in The Economist, May 10th 2023 28 Particular groups are more at risk of being affected by energy poverty or more susceptible to the adverse impacts of energy poverty, such as women, persons with disabilities, older persons, children, and persons with a minority racial or ethnic background.
Amendment 328 #
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) Electricity should be considered as an essential service, a Common that no one should be deprived of to live with dignity. A basic amount of energy, allowing the basic needs of households linked to health and dignity should be considered as a right and must be allowed freely or through an affordable price. This amount should guarantee adequate warmth, cooling, lighting, and energy to power appliances, that are essential services that underpin a decent standard of living and health1a _________________ 1a https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32 020H1563 Commission Recommendation EU 2020/1563 of 14/10/2020 on energy poverty
Amendment 339 #
Proposal for a regulation
Recital 50
Recital 50
(50) Active customers that own, lease or rent a storage or generation facility should have the right to share excess production and empower other consumers to become active, or to share the renewable energy generated or stored by jointly leased, rented or owned facilities, either directly or through a third-party facilitator. The development of energy sharing facilities should take into account the large scale constraints and requirements of the grid system. Energy sharing arrangements are either based on private contractual agreement between active customers or organised through a legal entity. A legal entity that incorporates the criteria of a renewable energy community as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council or a citizen energy community as defined in Directive (EU) 2019/944 of the European Parliament and of the Council can share with their members electricity generated from facilities they have in full ownership. The protection and empowerment framework for energy sharing should pay particular attention to energy poor and vulnerable consumers. The Commission should provide within the two years following the entry in force of this directive an impact assessment on the additional cost generated for the transmission and distribution system operators.
Amendment 342 #
Proposal for a regulation
Recital 51
Recital 51
(51) Energy sharing operationalises the collective consumption of self-generated or stored electricity injected into the grid by more than one jointly acting active customers. Member States should put in place the appropriate IT infrastructure to allow for the administrative matching within a certain timeframe of consumption with self-generated or stored renewable energy for the purpose of calculating the energy component of the energy bill. The output of these facilities should be distributed among the aggregated consumer load profiles based on static, variable or dynamic calculation methods that can be pre-defined or agreed upon by the active customers. Active customers participating in energy sharing should be financially responsible for the imbalances and impact they may cause to the electricity system, either directly or indirectly. All consumer rights and obligations in this Directive will apply to final customers participating in energy sharing schemes. However, households with an installed capacity up to 10.8 kW for single households and up to 50 kW for multi-apartment blocks should not be required to comply with the obligations of suppliers.
Amendment 345 #
Proposal for a regulation
Recital 52
Recital 52
(52) Vulnerable customers should be adequately protected from electricity disconnections and should, as well, not be put in a position that forces them to disconnect. Therefore, Member States should prohibit electricity disconnections of households and SMEs and ensure that household customers receive electricity supply to cover their basic needs, such as lighting, water heating and cooking, space heating and cooling, access to information and communication technologies. Member States should also complement these rights with the adoption of specific measures for the winter season and the summer season, for household customers to help manage their consumption and avoid high settlement bills. The role of suppliers and all relevant national authorities to identify appropriate measures, in both the short and the long- term, which should be made available to vulnerable customers to manage their energy use and costs remain essential, including by means of close cooperation with social security systems. Any disconnection should always result from a judicial decision and should not be the sole decision of an electricity supplier.
Amendment 347 #
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) Electricity disconnections should be banned all year long, to protect households' dignity and take into account future heat waves or meteorologic events. It should also be banned and for all types of customers, not only the “vulnerables”, as not being able to pay an energy bill should be a vulnerability criterion in itself. A consumer who is in default of payment and whose energy is cut off is not a bad payer but is a vulnerable consumer who, before being cut off, has reduced his budget for food, leisure or health.
Amendment 348 #
Proposal for a regulation
Recital 52 b (new)
Recital 52 b (new)
(52b) Power limitation, allowing essential services, should be an alternative to disconnections.
Amendment 350 #
Proposal for a regulation
Recital 53
Recital 53
Amendment 363 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
(b) set fundamentals principles for well-functioning, integrated electricity markets, which allow all resource providers and electricity customers non- discriminatory market access, enable the development of forward electricity markets to allow suppliers and consumers to hedge or protect themselves against the risk of future volatility in electricity prices, empower consumers, ensure competitiveness on the global marketto ensure the establishment of a price of electricity based average production costs and amortization instead of marginal pricing system, enhance flexibility through demand response, energy storage and other non- fossil flexibility solutions, ensure energy efficiency, facilitate aggregation of distributed demand and supply, and enable market and sectoral integration and market-based remuneration of electricity generated from renewable sources ;
Amendment 377 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
(1a) This article is without prejudice to the right of Member States to organise through a public monopoly the production, distribution and supply of electricity, in line with article 3a of the revised 2019/944 directive.
Amendment 389 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 73
Article 2 – point 73
(73) ‘peak shaving’ means the ability of market participants to reduce electricity consumption at peak hours determined by the transmission system operator;
Amendment 391 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 74
Article 2 – point 74
Amendment 399 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
REGULATION (EU) 2019/943
Article 2 – point 76
Article 2 – point 76
(76) ‘two-way contract for difference’ means a contract signed between a power generating facility operator and a counterpart, usually a public entity, that provides both minimum remuneration protection and a limit to excess remuneration; the contract is designed to preserve incentives for the generating facility to operate and participate efficiently in the electricity markets and complies with the principles set out in Article 4(2) and Article 4(3), first and third subparagraphs, of Directive (EU) 2018/2001; which amount is decided by public authorities and based on the assessment of the cost of electricity generation and amortization of the investment of the generating facility.
Amendment 400 #
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 basis;public authority decides a fixed price for the remuneration of a generating facility producer, based on the costs of generation of the electricity and amortization of the infrastructure.
Amendment 407 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 78
Article 2 – point 78
(78) ‘market revenue’ means realised income an electricity producer receives in exchange for the sale and delivery of electricity in the Union, or other services related with the energy system, regardless of the contractual form in which such exchange takes place, including power purchase agreements and other hedging operations against fluctuations in the wholesale electricity market and excluding any support granted by Member States;
Amendment 418 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2
Article 2
(80a) ‘surplus revenues’ means a positive difference between the market revenues of producers per MWh of electricity and the cap on market revenues of 80 EUR per MWh of electricity provided for in Article 10a(2);
Amendment 419 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80b (new)
Article 2 – point 80b (new)
(80b) ‘fair price’ means the price that is established by taking into account the costs of production of electricity, amortization of the infrastructure, impact on climate and environment, planned low carbon investments in electricity generation from renewable sources and investments in the grid and electricity storage technologies.
Amendment 424 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80c (new)
Article 2 – point 80c (new)
(80c) 'Surplus profit' means taxable profit.
Amendment 428 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) 2019/943
Article 3 – point a
Article 3 – point a
(2 a) Article 3 (a) "(a) prices shall be formed on the basis of demand and supply; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02019R0943-20220623)price equalization for all final electricity consumers." Or. en
Amendment 429 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Regulation (EU) 2019/943
Article 3 – point b
Article 3 – point b
(2 b) market rules shall encourage free price formation and shall avoid actions which prevent price formation on the basis of demand and supply; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02019R0943-20220623)Article 3 "(b) when price formation allows high levels of profits and prevent universal access to an affordable and renewable energy, Member States shall take measures to ensure that undue profits are limited and electricity paid by consumers is affordable;" Or. en
Amendment 430 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Regulation (EU) 2019/943
Article 3 – point r and s (new)
Article 3 – point r and s (new)
Amendment 436 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point ii a (new)
Article 1 – paragraph 1 – point 3 – point b – point ii a (new)
Regulation (EU) 2019/943
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
Amendment 440 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a
Article 7a
Amendment 444 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a
Article 7a
Amendment 448 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 457 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 462 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 468 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 471 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 474 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 477 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 480 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 482 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 485 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 492 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
New article 7a
New article 7a
Amendment 519 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
REGULATION (EU) 2019/943
Article 8 (1)
Article 8 (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 tim6, a cost benefit analysis and feasibility evaluation shall be carried out, by the Commission in collaboration with transmission system operators for electricity, on the impacts on national system security, cost efficiency, RES integration and CO2 emissions of moving the cross-border intraday gate closure time 30 minutes ahead of real time. This analysis shall then be approved by the national regulatory authority. Provided that the result of this cost benefit analysis is positive, the transmission system operator shall submit to the national regulatory authority an action plan aiming at shortening the intraday cross- zonal gate closure time to 30 minutes within 5 years. If the outcome of the cost- benefit analysis is negative, it is required that subsequent cost-benefit analyses be conducted every five years, following the procedure described above.
Amendment 537 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
REGULATION (EU) 2019/943
Article 9
Article 9
[...] d e [...] l e t e d
Amendment 585 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
REGULATION (EU) 2019/943
Article 10a
Article 10a
Amendment 587 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 b (new)
Article 1 – paragraph 1 – point 6 b (new)
REGULATION (EU) 2019/943
Article 13
Article 13
Amendment 588 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 c (new)
Article 1 – paragraph 1 – point 6 c (new)
REGULATION (EU) 2019/943
Article 16
Article 16
(6 c) Article 16 (1) is replaced by the following : "1. Network congestion problems shall be addressed with non-discriminatory market- based solutions which give efficient economic signals to the market participants and transmission system operators involvedsolutions. Network congestion problems shall be solved by means of non- transaction-based methods, namely methods that do not involve a selection between the contracts of individual market participants. When taking operational measures to ensure that its transmission system remains in the normal state, the transmission system operator shall take into account the effect of those measures on neighbouring control areas and coordinate such measures with other affected transmission system operators as provided for in Regulation (EU) 2015/1222. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02019R0943-20220623)" Or. en
Amendment 589 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point -a (new)
Article 1 – paragraph 1 – point 7 – point -a (new)
REGULATION (EU) 2019/943
Article 18
Article 18
(-a) Article 18 (1) is replaced by the following "1. Charges applied by network operators for access to networks, including charges for connection to the networks, charges for use of networks, charges for the reinforcement of electricity storage and, where applicable, charges for related network reinforcements, shall be cost- reflective, transparent, take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non-discriminatory manner. Those charges shall not include unrelated costs supporting unrelated policy objectives. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02019R0943-20220623)" Or. en
Amendment 609 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
REGULATION (EU) 2019/943
Article 19
Article 19
Amendment 617 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
REGULATION (EU) 2019/943
Article 19a
Article 19a
Amendment 618 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
REGULATION (EU) 2019/943
Article 19 a
Article 19 a
Amendment 619 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
REGULATION (EU) 2019/943
Article 19a
Article 19a
Amendment 637 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
REGULATION (EU) 2019/943
Article 19a
Article 19a
Amendment 646 #
Amendment 906 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d
Article 19 d
Based on the report of the regulatory authority and the transmission system operator pursuant to Article 19c(1), each Member State shall define an indicative national objective for demand side response and storage. This indicative national objective shall 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 910 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d
Article 19 d
By June 2025, after assessing the national objectives for demand response and energy storage communicated by the Member States through their integrated national energy and climate plans, the Commission shall present a report to the European Parliament and the Council assessing the national plans. In the light of the conclusions of this report, the Commission shall draw up a European strategy on demand response and energy storage consistent with the Union's 2030 targets for energy and climate as defined in point (11) of Article 2 of Regulation (EU) 2018/1999 and the climate- neutrality objective laid down in Article 2 of Regulation (EU) 2021/1119 which shall be accompanied, where appropriate, by a legislative proposal amending this Regulation and introducing minimum demand response and energy storage targets at Union level.
Amendment 920 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e
Article 19 e
1. Member States which apply a capacity mechanism in accordance with Article 21 shall consider theould promotion ofe the participation of non-fossil flexibility such as demand side response and energy storage by introducing additional criteria or features inensuring that the design of the capacity mechanisms do not create entry barriers on demand response and energy storage.
Amendment 956 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e
Article 19 e
3a. 4. This article is without prejudice to the right of Member States to enable transmission and distribution system operators to own all on peak production capacity and storage capacity to ensure the good functioning of the grid.
Amendment 986 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f
Article 19 f
(f) provide 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 stability;
Amendment 1001 #
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 23
Article 23
Amendment 1004 #
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 24
Article 24
Amendment 1005 #
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 4
Article 22 – paragraph 4
Amendment 1022 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Regulation 2019/943
Article 50 – paragraph 4 a a (new)
Article 50 – paragraph 4 a a (new)
Amendment 1033 #
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 64 – paragraph 5 (new)
Article 64 – paragraph 5 (new)
Amendment 1034 #
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 61
Article 61
(13a) Article 61, 4(a) is replaced by the following "(a) details of rules for the trading of electricity implementing Article 6 of Directive (EU) 2019/944 and Articles 5 to 10, 13 to 17, 35, 36 and 37 of this Regulation; (https://eur-lex.europa.eu/legal-content/FR/TXT/PDF/?uri=CELEX:32019R0943&from=DA), as long as such rules reflect costs-related pricing schemes and not marginal pricing schemes; " Or. en
Amendment 1054 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive (EU) 2019/944
Article 2 – point 15 a
Article 2 – point 15 a
(15a) ‘fixed term, fixed price electricity supply contract’ means an electricity supply contract between a supplier and a final customer that guarantees the same contractual conditions, and for the whole duration of the contract, including the price, while it may, within a fixed price, include a flexible element with for example peak and off peak price variations;
Amendment 1065 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive (EU) 2019/944
Article 2 – point 24 a a (new)
Article 2 – point 24 a a (new)
(24aa) "On Peak production” means turbine based electricity generation or any electricity generation that is used less than 1000h a year on average.
Amendment 1068 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Directive (EU) 2019/944
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
(1a) Energy poverty’ means a household’s lack of access to essential energy services that provide for a decent standards of living and health, including adequate heating, hot water, cooling, lighting, and energy to power appliances, in the relevant national context, existing social policy and other relevant policies, caused by a combination of factors, including but not limited to non- affordability, insufficient disposable income, high energy expenditure and poor energy efficiency of homes;
Amendment 1071 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
Directive (EU) 2019/944
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1b) (1 b) The following Article 3a is inserted: Article 3a Possibility for States to derogate from market-based nature of electricity generation, distribution and supply. 1. Considering that electricity is an essential good that impacts all social and economic activities, Member States are free to decide to organise both production and supply of electricity as a public monopoly which action shall follow the following principles : (a) Ensuring the transition to a carbon neutral economy; (b) Limiting the impact of electricity production on the environment; (c) Developing the necessary electricity production to address the increase of electricity usage; (d) Lower prices for consumers to preserve their bargaining power and standards of living; (e) Lower prices for companies to protect their competitiveness; (f) Equalisation of electricity prices for all final consumers with exception of energy intensive industries and energy poor households. 2. The pricing system of electricity of a publicly operated monopoly shall be the same for all final consumers and reflect the average cost of production of electricity on the territory of the concerned Member State, including the net cost of imports and exports of electricity, amortization of new infrastructures, applicable taxes and investments in the grid. 3. The aforementioned national public monopoly shall not operate beyond the limit of the Member States in which it has been established and shall not have any other competences than production, storage and supply of electricity. 4. All the profits made by this public monopoly shall be invested in the generation and storage of electricity from renewable sources and adequate on peak generation capacity. 5. The existence of such a monopoly is without prejudice to the duty of Member States to provide, to the extent of their capacity, to other Member States electricity if they require so; to that effect, Member States shall further develop physical interconnexions between Member States. 6. In the framework of this public monopoly, Member States shall authorise physical persons the right to generate electricity for their own needs.
Amendment 1072 #
Amendment 1073 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive (EU) 2019/944
Article 4
Article 4
Amendment 1083 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Directive (EU) 2019/944
Article 10 – paragraph 11
Article 10 – paragraph 11
(2a) Article 10 paragraph 11 is replaced by the following : Suppliers shall inform the competent authorities and inform residential customers of the existing support measures before any power reduction. These measures may refer to energy audits, energy consultancy services, alternative payment plans, debt management advice, and do not constitute an extra cost to the customers facing a reduction in power.
Amendment 1084 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new) Directive (EU) 2019/944
Article 2 – paragraph 1 – point 2 a (new) Directive (EU) 2019/944
(2a) Article 5 (Market-based supply prices) is deleted.
Amendment 1085 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
Directive (EU) 2019/944
Article 9
Article 9
Amendment 1086 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 c (new)
Article 2 – paragraph 1 – point 2 c (new)
Directive (EU) 2019/944
Article 10
Article 10
(2c) In the Article 10 (Basic contractual rights) the following point 13 is added: 13. This article is without prejudice to the possibility of Member States to create a single national electricity supplier according to article 31b (new) of the revised directive
Amendment 1087 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive (EU) 2019/944
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 1096 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive (EU) 2019/944
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that the national regulatory framework enables suppliers to offer fixed-term, fixed-price contracts and dynamic electricity price contracts. Member States shall ensure that all final customers who have a smart meter installed can request to conclude a dynamic electricity price contract and that all final customers can request to conclude a fixed-term, fixed-price electricity price contract of a duration of at least onetwo year, with at least one supplier and with every supplier that has more than 200 000 final customerss. Suppliers shall not unilaterally modify terms and conditions of fixed-price fixed-term contracts or terminate them before the end of the contract.
Amendment 1101 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
Directive (EU) 2019/944
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Prior to the conclusion or extension of any contract, final customers shall be provided with a summary of the key contractual conditions in a prominent manner and in concise and simple language. This summary shall include at least information on total price, promotions, additional services, discounts, whether the price is fixed or indexed to wholesale prices, contract duration, conditions for termination, payment frequency and accepted means of payment, supplier’s contact details such as customer service’s telephone number and email, and include the rights referred to in points (a), (b), (d), (e) and (f) of Article 10(3). The Commission shall provide guidance in this regard.
Amendment 1109 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
Directive (EU) 2019/944
Article 16
Article 16
" "Article 16 Citizen energy communities 1.Member States shall provide an enabling regulatory framework for citizen energy communities ensuring that: (a) participation in a citizen energy community is open and voluntary; (ab) mMembers or shareholdhip is allowed for physical persons only. (b) members of a citizen energy community are entitled to leave the community, in which case Article 12 applies; (c) members or shareholders of a citizen energy community do not lose their rights and obligations as household customers or active customers; (d) subject to fair compensation as assessed by the regulatory authority, relevant distribution system operators cooperate with citizen energy communities to facilitate electricity transfers within citizen energy communities; (e) citizen energy communities are subject to non-discriminatory, fair, proportionate and transparent procedures and charges, including with respect to registration and licensing, and to transparent, non- discriminatory and cost- reflective network charges in accordance with Article 18 of Regulation (EU) 2019/943, ensuring that they contribute in an adequate and balanced way to the overall cost sharing of the system. 2.(ea) Member States may provide keep the possibility of planning the enabling regulatory framework that citizen energy communities: (a) are open to cross-border participation; deployment of citizen energy communities, including authorisation of the connexion to the grid of such a citizen energy community, according to the capacities of the grid, the social needs, and the consideration of electricity as a common good and public right. (eb) are entitled to own, establish, purchase or lease distribution networks and to autonomously manage them subject to conditions set out in paragraph 4 of this Article; (c) are subject to the exemptions provided for in Article 38(2). 3. Member States shall ensure that citizen energy communities: (a) are able to access all electricity markets, either directly or through aggregation, in a non-discriminatory manner;Member States, especially through transmission and distribution service operators, act as single buyer of the electricity produced by citizen energy communities, at fixed price corresponding to the costs of production and amortization of the investment, 3. Member States shall ensure that citizen energy communities: (b) are treated in a non-discriminatory and proportionate manner with regard to their activities, rights and obligations as final customers, producers, suppliers, distribution system operators or market participants engaged in aggregation; (c) are financially responsible for the imbalances and generally the impact they cause in the electricity system; to that extent they shall be balance responsible parties or shall delegate their balancing responsibility in accordance with Article 5 of Regulation (EU) 2019/943; (d) with regard to consumption of self- generated electricity, citizen energy communities are treated like active customers in accordance with point (e) of Article 15(2); (e) are entitled to arrange within the citizen energy community the sharing of electricity that is produced by the production units owned by the community, subject to other requirements laid down in this Article and subject to the community members retaining their rights and obligations as final customers. (ea) operate on a non-profit basis, according to the legislation of Member States. For the purposes of point (e) of the first subparagraph, where electricity is shared, this shall be without prejudice to applicable network charges, tariffs and levies, in accordance with a transparent cost-benefit analysis of distributed energy resources developed by the competent national authority. 4. citizen energy communities the right to manage distribution networks in their area of operation and establish the relevant procedures, without prejudice to Chapter IV or to other rules and regulations applying to distribution system operators. If such a right is granted, Member States shall ensure that citizen energy communities: (a) are entitled to conclude an agreement on the operation of their network with the relevant distribution system operator or transmission system operator to which their network is connected; (b) charges at the connection points between their network and the"" are entitled to arrange within the Member States may decide to grant are subject to appropriate network do not distcribution network outside the citizen energy community and that such network charges account separately for the electricity fed into the distribution network and the electricity consumed from the distribution network outside the citizen energy community in accordance with Article 59(7); (c) customers who remain connected to the distribution system. minate or harm Or. en (Directive (EU) 2019/944)
Amendment 1110 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
Directive (EU) 2019/944
Article 11 – paragraph 2
Article 11 – paragraph 2
(3a) Article 12 is amended as follows: 2. Member States shall ensure that at least household customers and small enterprises are not charged any switching- related fees and that all final consumers are not charged any switching- related fee if they switch to a regulated price offer.
Amendment 1112 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
Article 2 – paragraph 1 – point 3 b (new)
Directive (EU) 2019/944
Article 14 – paragraph 2
Article 14 – paragraph 2
(3b) Article 14 is amended as follows: 1. Member States shall ensure that at least household customers, and microenterprises with an expected yearly consumption of below 100 000 kWh, have access, free of charge, to at least one tool comparing the offers of suppliers, including offers for dynamic electricity price contracts. The comparison tools shall underline the risk of subscribing to a dynamic electricity price contracts and the existence of regulated price offer if such offer exists in the concerned Member State. Customers shall be informed of the availability of such tools in or together with their bills or by other means. The tools shall meet at least the following requirements:
Amendment 1113 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 c (new)
Article 2 – paragraph 1 – point 3 c (new)
Directive (EU) 2019/944
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(3c) The Article 15 (Active customers) is amended as follows: The paragraph 2, point a) is deleted.
Amendment 1116 #
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 customersroduce electricity for their own needs and sell the surplus to the transmission system operator, upon agreement of the distribution system operator to ensure that the grid can bear a new electricity input.