26 Amendments of Werner LANGEN related to 2011/0300(COD)
Amendment 34 #
Proposal for a regulation
Recital 11
Recital 11
(11) The investment needs up to 2020 in electricity and gas transmission infrastructures of European relevance have been estimated at about EUR 200 billion. The significant increase in investment volumes compared to past trends, as a result of the faster and more comprehensive development of renewable energy sources and the efforts to achieve the Union objectives of reducing greenhouse gas emissions by 20 %, improving energy efficiency by 20 % and increasing the share of energy consumption accounted for by renewable energy sources by 20 %, all by 2020, and the urgency to implement the energy infrastructure priorities requires a new approach in the way energy infrastructures, and notably those of cross-border nature, are regulated and financed.
Amendment 35 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) As part of a trans-European energy infrastructure system, energy storage facilities and liquid natural gas (LNG) and compressed natural gas (CNG) plants will play an important role in guaranteeing supply through the distribution of stored energy. Accordingly, the rapid development of energy storage plants is an important component of a functioning network infrastructure. Competition in respect of the construction and operation of hydro-pumped electricity storage projects or energy storage plants should not be hampered by the charging of network tariffs which treat these plants as final consumers.
Amendment 38 #
Proposal for a regulation
Recital 20
Recital 20
(20) Projects of common interest should be given "priority status" at national level to ensure rapid administrative treatment. Regional or national projects may also be given priority status if this serves to guarantee the integration of renewable energy sources and safeguard competition. This also includes projects involving third countries (e.g. Switzerland). Projects of common interest shall be considered by competent authorities as being in public interest. Authorisation should be given to projects which have an adverse impact on the environment, for reasons of overriding public interest, when all the conditions provided for under Directives 92/43/EC and 2000/60/EC are met.
Amendment 41 #
Proposal for a regulation
Recital 29
Recital 29
(29) The European Energy Programme for Recovery (EEPR) has demonstrated the added value of leveraging private funding through significant Union financial aid to allow implementation of projects of European significance. The European Council of 4 February 2011 recognised that some energy infrastructure projects may require limited public finance to leverage private funding. In the light of the economic and financial crisis and budgetary constraints, targeted support, through grants and financial instruments, should be developed under the next multi- annual financial framework, which will attract new investors into the energy infrastructure priority corridors and areas, while keeping the budgetary contribution of the Union to a minimum. The relevant measures should draw on the experience gained during the pilot phase following the introduction of project bonds to finance infrastructure projects.
Amendment 66 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
4. With the objective of meeting the time limits set out in Article 11 and reducing the administrative burden for the completion of projects of common interest, Member States shall, within nine months from the entry into force of this Regulation, take binding measures to streamline the environmental assessment procedures. These measures shall be without prejudice to obligations resulting from Union legislation.
Amendment 67 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
The Commission shall, within three months of the entry into force of this Regulation, issue guidance to support Member States in defining adequate binding measures and to ensure the coherent application of environmental assessment procedures required under EU legislation for projects of common interest.
Amendment 69 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
The investment costs related to a project of common interest falling under the categories set out in points 1(a) to, (b) and (d) and 2(a) and (d) of Annex II shall be borne by the transmission system operator(s) of the Member State(s) to which the project provides a net positive impact, and be paid for by network users through tariffs for network access.
Amendment 70 #
Proposal for a regulation
Article 13 – paragraph 5 – subparagraph 2
Article 13 – paragraph 5 – subparagraph 2
In deciding to allocate costs across borders, the economic, social and environmental costs and benefits of the project(s) in the Member States concerned and the possible need for financial support shall be taken into account.
Amendment 72 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Where a project promoter incurs higher risks for the development, construction, operation or maintenance of a project of common interest falling under the categories set out in points 1 and 2 of Annex II, except for hydro-pumped electricity storage projects, gas storage facilities and LNG plants, compared to the risks normally incurred by a comparable infrastructure project, and where such risks are not covered under an exemption pursuant to Article 36 of Directive 2009/73/EC or Article 17 of Regulation (EC) No 714/2009, national regulatory authorities shall ensure that appropriate incentives are granted to that project when applying Article 37(8) of Directive 2009/72/EC, Article 41(8) of Directive 2009/73/EC, Article 14 of Regulation (EC) No 714/2009, and Article 13 of Regulation (EC) No 715/2009. In connection with the payment of network charges, hydro-pumped electricity storage projects, gas storage facilities and LNG plants shall not be treated as final consumers, in order not to jeopardise their competitiveness.
Amendment 77 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Commission mayshall issue guidelines regarding the incentives laid down in this Article in accordance with Article 18(1) to (3) of Regulation (EC) No 714/2009 and Article 23 (1) of Regulation (EC) No 715/2009. In that connection, particular account shall be taken of the rules governing additional return on capital laid down in paragraph 3(c) of this Article.
Amendment 78 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Projects of common interest falling under the categories set out in points 1, 2 and 4 of Annex II are eligible for Union financial support in the form of grants for studies and financial instruments in accordance with the provisions of [Regulation of the European Parliament and the Council establishing the Connecting Europe Facility].
Amendment 79 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Projects of common interest falling under the categories set out in points 1, 2 and 4 of Annex II are eligible for Union financial support in the form of grants for studies and financial instruments in accordance with the provisions of [Regulation of the European Parliament and the Council establishing the Connecting Europe Facility]. The choice of financial instruments shall be determined by the nature of the projects. Not every form of financing shall necessarily be applicable to every project.
Amendment 82 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Projects of common interest falling within the categories set out in points 1 and 2 of Annex II are eligible for Union financial support in the form of financial instruments in accordance with the provisions of Regulation (EU) No …/... of the European Parliament and the Council establishing the Connecting Europe Facility, if the project is not commercially viable according to the business plan and other assessments carried out, notably by possible investors or creditors.
Amendment 135 #
Proposal for a regulation
Recital 11
Recital 11
(11) The investment needs up to 2020 in electricity and gas transmission infrastructures of European relevance have been estimated at about EUR 200 billion. The significant increase in investment volumes compared to past trends, as a result of the faster and more comprehensive development of renewable energy sources and the efforts to achieve the Union objectives of reducing greenhouse gas emissions by 20 %, improving energy efficiency by 20 % and increasing the share of energy consumption accounted for by renewable energy sources by 20 %, all by 2020, and the urgency to implement the energy infrastructure priorities requires a new approach in the way energy infrastructures, and notably those of cross-border nature, are regulated and financed.
Amendment 144 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Energy storage facilities and LNG and CNG plants will play an important role in a trans-European energy infrastructure in guaranteeing the supply and distribution of stored energy. The rapid expansion of such energy storage facilities is thus an important component of a functioning network infrastructure. Competition in the construction and operation of pumped storage power plants or energy storage facilities should not be hampered by the charging of network tariffs which treat these plants as final consumers.
Amendment 161 #
Proposal for a regulation
Recital 20
Recital 20
(20) Projects of common interest should be given "priority status" at national level to ensure rapid administrative treatment. Regional or national projects may also be given priority status if this serves to guarantee the integration of renewable energy sources and safeguard competition. This also includes projects involving third countries (e.g. Switzerland). Projects of common interest shall be considered by competent authorities as being in public interest. Authorisation should be given to projects which have an adverse impact on the environment, for reasons of overriding public interest, when all the conditions provided for under Directives 92/43/EC and 2000/60/EC are met.
Amendment 178 #
Proposal for a regulation
Recital 29
Recital 29
(29) The European Energy Programme for Recovery (EEPR) has demonstrated the added value of leveraging private funding through significant Union financial aid to allow implementation of projects of European significance. The European Council of 4 February 2011 recognised that some energy infrastructure projects may require limited public finance to leverage private funding. In the light of the economic and financial crisis and budgetary constraints, targeted support, through grants and financial instruments, should be developed under the next multi- annual financial framework, which will attract new investors into the energy infrastructure priority corridors and areas, while keeping the budgetary contribution of the Union to a minimum. The relevant measures should draw on the experience gained during the pilot phase following the introduction of project bonds to finance infrastructure projects.
Amendment 443 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
With the objective of meeting the time limits set out in Article 11 and reducing the administrative burden for the completion of projects of common interest, Member States shall, within nine months from the entry into force of this Regulation, take binding measures to streamline the environmental assessment procedures. These measures shall be without prejudice to obligations resulting from Union legislation.
Amendment 445 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
The Commission shall, within three months of the entry into force of this Regulation, issue guidance to support Member States in defining adequate binding measures and to ensure the coherent application of environmental assessment procedures required under EU legislation for projects of common interest.
Amendment 534 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
The investment costs related to a project of common interest falling under the categories set out in points 1(a) to, (b) and (d) and 2(a) and (d) of Annex II shall be borne by the transmission system operator(s) of the Member State(s) to which the project provides a net positive impact, and be paid for by network users through tariffs for network access.
Amendment 547 #
Proposal for a regulation
Article 13 – paragraph 5 – subparagraph 2
Article 13 – paragraph 5 – subparagraph 2
In deciding to allocate costs across borders, the economic, social and environmental costs and benefits of the project(s) in the Member States concerned and the possible need for financial support shall be taken into account.
Amendment 554 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Where a project promoter incurs higher risks for the development, construction, operation or maintenance of a project of common interest falling under the categories set out in points 1 and 2 of Annex II, except for hydro-pumped electricity storage projects, gas storage facilities and LNG plants, compared to the risks normally incurred by a comparable infrastructure project, and where such risks are not covered under an exemption pursuant to Article 36 of Directive 2009/73/EC or Article 17 of Regulation (EC) No 714/2009, national regulatory authorities shall ensure that appropriate incentives are granted to that project when applying Article 37(8) of Directive 2009/72/EC, Article 41(8) of Directive 2009/73/EC, Article 14 of Regulation (EC) No 714/2009, and Article 13 of Regulation (EC) No 715/2009. In connection with the payment of network charges, hydro-pumped electricity storage plants, gas storage facilities and LNG plants shall not be treated as final consumers, in order not to jeopardise their competitiveness.
Amendment 574 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Commission mayshall issue guidelines regarding the incentives laid down in this Article in accordance with Article 18(1) to (3) of Regulation (EC) No 714/2009 and Article 23 (1) of Regulation (EC) No 715/2009. In that connection, particular account shall be taken of the rules governing additional return on capital laid down in paragraph 3(c) of this Article.
Amendment 585 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Projects of common interest falling under the categories set out in points 1, 2 and 4 of Annex II are eligible for Union financial support in the form of grants for studies and financial instruments in accordance with the provisions of [Regulation of the European Parliament and the Council establishing the Connecting Europe Facility].
Amendment 586 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Projects of common interest falling under the categories set out in points 1, 2 and 4 of Annex II are eligible for Union financial support in the form of grants for studies and financial instruments in accordance with the provisions of [Regulation of the European Parliament and the Council establishing the Connecting Europe Facility]. The choice of financial instruments shall be determined by the nature of the projects. Not every form of financing shall necessarily be applicable to every project.
Amendment 590 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1 a. Projects of common interest falling under the categories set out in points 1 and 2 of Annex II are eligible for Union financial support in the form of financial instruments in accordance with the provisions of [regulation of the European Parliament and the Council establishing the Connecting Europe Facility], if the project is commercially not viable according to the business plan and other assessments carried out, notably by possible investors or creditors.