16 Amendments of Markus FERBER related to 2009/0108(COD)
Amendment 16 #
Proposal for a regulation
Article 1
Article 1
This Regulation establishes measures aimed at safeguarding the security of gas supply based on the principle of geographical diversification of gas supply to the European Union, through an efficient gas transportation system composed of a complex network of pipelines, so as to ensure the proper and continuous functioning of the internal market for gas by, and providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of the Member States and the CommunityUnion regarding both preventive action and the reaction to concrete disruptions of supply.
Amendment 20 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) "protected customers" means all household customers already connected to a gas distribution network, and, if the Member State concerned so decides, can alsoafter a risk and impact assessment has been carried out by the Member State in accordance with Article 8, taking into account technical feasibility and a cost- benefit analysis, may include small and medium-sized enterprises, schools and hospitals provided that they are already connected to a gas distribution network;
Amendment 26 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. By [31 March 2011; 12 months from entry into force] at the latest, on the basis of the risk and impact assessment carried out in accordance with Article 8, the Competent Authority, after consultation of the natural gas undertakings, of the relevant organisations representing the interests of household and industrial customers and of the regulatory authority, where it is not the Competent Authority, shall establish:
Amendment 34 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. By [31 March 20147; 36 years after entry into force] at the latest, the Competent Authority shall ensure that in the event of a disruption of flows at the largest gas supply infrastructure, the remaining transmission entry point the available infrastructure (N-1) has the capacity to deliver the necessary volume of gas to satisfy total gas demand of the protected customers in the calculated area during a period of sixty days of exceptionally high gas demand during the coldest period statistically occurring every twenty years.
Amendment 36 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The transmission system operators shall enable permanent physical capacity to transport gas in both directions on all interconnectionsIf necessary according to the risk and impact assessment carried out according to Article 8, taking into account technical feasibility and a cost-benefit analysis, the transmission system operators shall within twohree years from the entry into force of this Regulation, except in cases where at the request of a Competent Authority, the Commission decides thnable permanent physical capacity to transport gas in both directions on those interconnections where at the addition of a bi-directional flow capacity would not enhance the security of supply of any Member State. Such decision may be reviewed if circumstances change. The level of the bi- directional flow capacity shall be reached in a cost efficient way and at least take, in particular during an Emergency. The assessment may be reviewed if circumstances change. Within that three- year period, the gas transmission system operator shall, into account the capacity required to rdance with the risk and impact assessmeent the supply standard set in Article 7. Within that two year period, the gas transmission system operator shallcarried out according to Article 8, taking into account technical feasibility and a cost-benefit analysis, adapt the functioning of the transmission system as a whole so as to enable bi-directional gas flows.
Amendment 37 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Competent Authority shall take the measurerequire supply undertakings to ensure the gas supply to the protected customers of the Member State in the case of:
Amendment 38 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
b) any period of sixthirty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years.
Amendment 40 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Competent Authority shall take the measurerequire supply undertakings to ensure the gas supply to the protected customers for the period of sixthirty days also in the event of an Emergency as defined in Article 9(2). The supply undertakings, in cooperation with the Competent Authority, shall endeavour to maintain the supply for the protected customers as long as necessarpossible on market- based security of gas supply.
Amendment 42 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The obligations imposed on natural gas undertakings for the fulfilment of the supply standard as laid down in paragraph 1 and 2, shall be non-discriminatory and shall not impose an undue burden on market entrants and smallthose undertakings.
Amendment 45 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [30 SeptemberMarch 20101; 612 months after entry into force] each Competent Authority shall fully assess theundertake a risks affecting the security of gas supply in its Member State by: a) usingnd impact assessment that shall be the basis for : a) the estandards specified in Articles 6 and 7; b)blishment of the risk profile of the Member State concerned, taking into account all relevant national and regional circumstances; c)b) the establishment of the Preventive Action Plan of the Member State; c) the establishment of the Emergency Plan of the Member State concerned; The risk and impact assessment shall be based on the standards specified in Articles 6 and 7 and shall include running various scenarios of exceptionally high demand and/or supply disruption, such as failure of main transmission infrastructures, storages, LNG terminals, and disruption of supplies from third- country suppliers; d) identifyingproducers. Account shall be taken of the interaction and correlation of risks with other Member States.
Amendment 47 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
The risk and impact assessment shall take into account technical feasibility and a cost-benefit analysis. This should, in particular, be the case prior to any potential extension at national level of the scope of protected consumers beyond household customers.
Amendment 49 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Following a recommendation of the Commission in accordance with Article 4(3), or where a joint regional plan is established under Article 4(4), the obligations set out in this Article may be fulfilled at the regional level.
Amendment 55 #
Proposal for a regulation
Article 9 – paragraph 2 – point 1
Article 9 – paragraph 2 – point 1
(1)Early warning level (Early Warning): when there is concrete, serious and reliable information, possibly triggered by an Early Warning Mechanism, that an event may occur which will deteriorate the supply conditionssuggests that supply conditions could deteriorate in the short term. The market is expected to solve the problem without the intervention of the Competent Authority;
Amendment 57 #
Proposal for a regulation
Article 9 – paragraph 2 – point 2
Article 9 – paragraph 2 – point 2
(2) Alert level (Alert): when a supply disruption or exceptionally high demand occurs, but tits scale does not warrant a declaration of an Emergency under point (3). The market is still ableexpected to resolve the situation without the intervention of the Competent Authority;
Amendment 59 #
Proposal for a regulation
Article 9 – paragraph 2 – point 3
Article 9 – paragraph 2 – point 3
(3) Emergency level (Emergency): when a supply disruption or an exceptionally high demand occurs or whenand there is a disruption of the supply through or from the largest infrastructure or source and there is a credible risk that the supply standard to the protected customerevidence that market-based mechanisms alone can no longer ensure supplies to protected customers. The Competent Authority is required to intervene within the framework of the Emergency Plan. Market-based mechanisms cand no longer be met with market based instruments alonn- market-based mechanisms may operate alongside each other in this phase.
Amendment 62 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Emergency PlanMember States shall ensure that cross- border access to the storage facilities is maintained also in case of emergency. The Emergency PlanMember States shall not introduce any measure unduly restricting the flow of gas across the borders.