24 Amendments of Erik BERGKVIST related to 2023/0077(COD)
Amendment 300 #
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 storage by introducing additional criteria or features in the design. Furthermore, it may be necessary to develop the regulatory framework in order to ensure the deployment of sufficient flexible capacity in the long-term. Therefore, the Commission should prepare a report on the implementation and functioning of the existing framework, especially its suitability for incentivising investments in capacity that can offer capabilities and services essential to integrating additional renewable energy sources in line with the EU’s climate and renewable energy targets. If appropriate, the report should be accompanied with a legislative proposal.
Amendment 329 #
Proposal for a regulation
Recital 44
Recital 44
(44) Consumers should have access to a wide range of offers so that they can choose a contract according to their needs. However, suppliers have reduced their offers, fixed-price contracts have become scarce, and the choice of offers has become limited. Consumers should alwaysfor example have the possibility to opt for an affordable market- based fixed price and fixed term contract to ensure a stable price over a given period and suppliers should not unilaterally modify the terms and conditions before such contract expires.
Amendment 355 #
Proposal for a regulation
Recital 53
Recital 53
(53) Public interventions in price setting for the supply of electricity constitute, in principle, a market-distortive measure. Such interventions may therefore only be carried out as public service obligations and are subject to specific conditions. Under this Directive regulated prices are possible for energy poor and vulnerable households, including below costs, and, as a transition measure, for households and micro-enterprises. In times of crisis, when wholesale and retail electricity prices increase significantly, and this is having a negative impact on the wider economy, Member States should be allowed to extend, temporarily, the application of regulated prices also to SMEs. For both households and SMEs, Member States should be temporarily allowed to set regulated prices below costs as long as this does not create distortion between suppliers and suppliers are compensated for the costs of supplying below cost. However, it needs to be ensured that such price regulation is targeted and does not create incentives to increase consumption. Hence, such price regulation should be limited to 80% of median household consumption for households, and 70% of the previous year’s consumption for SMEs. Congestion revenues should also be available to finance such consumer support measures during an energy price crisis. The Commission should determine when such an electricity price crisis exists and consequently when this possibility becomes applicable. The Commission should also specify the validity of that determination, during which the temporary extension of regulated prices applies, which may be for up to one year. To the extent that any of the measures envisaged by the present Regulation constitute State aid, the provisions concerning such measures are without prejudice to the application of Articles 107 and 108 TFEU.
Amendment 384 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 72
Article 2 – point 72
(72) ‘peak hourmarket time unit’ means an hour with the highest electricity consumption combined with a low level of electricity generated from renewable energy sources, taking cross-zonal exchanges into account;
Amendment 388 #
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 hourmarket time units determined by the transmission system operator;
Amendment 452 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June
Article 7a
Article 7a
1. Without prejudice to Article 40(5) and 40(6), and when the energy crisis is declared in accordance with the article 66a of the Electricity Directive, transmission system operators may procure peak shaving products in order to achieve a reduction of electricity demand during peak hours.
Amendment 466 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June
Article 7a
Article 7a
(aa) The procurement of the peak shaving product shall avoid any impact on the day-ahead, intraday or balancing market.
Amendment 525 #
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 – 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 provided that this does not lead to an increase in CO2 emissions or has negative impacts on security of supply and integration of renewable energy .
Amendment 539 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9 – paragraph –1 (new)
Article 9 – paragraph –1 (new)
Transmission system operators shall issue long-term transmission rights or have equivalent measures in place to allow for market participants, including owners of power-generating facilities using renewable energy sources, to hedge price risks across bidding zone borders, unless an assessment of the forward market on the bidding zone borders performed by the competent regulatory authorities shows that there are sufficient hedging opportunities in the concerned bidding zones.
Amendment 545 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June
Article 9
Article 9
1. By 1 December 2024 the Commission, after having consulted ACER, ENTSO for Electricity and ESMA, shall submit to ACER, after having consulted ESMA, a proposal for the establishment of regional virtual hubs for the forward market. The proposal shallthe European Parliament and the Council an assessment on the impacts of the establishment of regional virtual hubs for the forward market on the functioning of the electricity markets. The Commission may accompany this impact assessment by a legislative proposal, where appropriate. The impact assessment shall focus, inter alia, on:
Amendment 552 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9 – paragraph 1
Article 9 – paragraph 1
(b) includeevaluating a methodology for the calculation of the reference prices for the virtual hubs for the forward market, aiming to maximise the correlations between the reference price and the prices of the bidding zones constituting a virtual hub; such methodology shall be applicable to all virtual hubs and based on predefined objective criteria and specifications on equivalent measures;
Amendment 639 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June
Article 19a
Article 19a
2. Member States shall ensure thamay choose to implement instruments such as guarantee schemes at market prices, to reduce the financial risks associated to off-taker payment default in the framework of PPAs are in place and accessible to customers and companies that face entry barriers to the PPA market and are not in financial difficulty in line with Articles 107 and 108 TFEU. For this purpose, Member States shall take into account Union-level instruments. Member States shall determine what categories of customers are targeted by these instruments, applying non-discriminatory criteria. As the market evolves and the PPA uptake increases, these instruments such as guarantee schemes at market prices shall be re- assessed and potentially phased out.
Amendment 893 #
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
Indicative national objective for demand side response and storagetarget for flexibility
Amendment 899 #
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 pursuant to Article 19c(1), each Member State shall define an indicative national objective fortarget for flexible technologies such as demand side response, firm capacity 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. Each Member State shall also specify the measures employed for incentivizing investments in flexibility in different timeframes (seasonal, weekly, daily, hourly). They shall also specify a roadmap for decarbonising existing flexibility assets.
Amendment 914 #
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 the promotion of the participation of non-fossil flexibility such as demand side response and storage, energy storage and flexible generation by introducing additional criteria or features in the design of the capacity mechanism ensuring that the product design do not impose any undue barriers on demand response and energy storage.
Amendment 947 #
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
3. Member States which do not apply a capacity mechanism may apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibility such as demand side response and, storage and flexible generation.
Amendment 960 #
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
Flexibility support scheme for non-fossil flexibility such as demand response and, storage and flexible generation applied by Member States in accordance with Article 19e(2) and (3) shall:
Amendment 973 #
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
(b) be limited to new investments in non-fossil flexibility such as demand side response and storage, energy storage and flexible generation;
Amendment 1030 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
(13a) in article 69, the following points is added: 3. By 1 July 2025 the Commission shall present a report on the implementation and functioning of Article 21 and Article 22 of this Regulation with a view of the evaluation of markets and system needs to the European Parliament and the Council and accompany it, if appropriate, by a legislative proposal. In this report, the Commission shall consider, inter alia: (a) The suitability of the existing framework for incentivizing investments in flexible capacity that support the further integration of renewables and security of supply. (b) The suitability of the existing framework for compensating operators for offering capabilities and services (fast frequency response, dispatch and operational flexibility, fast ramping resources, inertia, and voltage support) essential to maintaining grid stability. (c) The potential administrative and legal barriers to effectively deploying such mechanisms.
Amendment 1052 #
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
Article 2
(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, including the price of the energy component of the bill over the contract duration, while it may, within a fixed price, include a flexible element with for example peak and off peak price variations;.
Amendment 1077 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive (EU) 2019/944
Article 4
Article 4
Member States shall ensure that all customers are free to purchase electricity from the supplier of their choice. Member States shall ensure that all customers are free to have more than one electricity supply contract at the same time, and that for this purpose customers are entitled to have more than one metering and billing point covered by the single connection point for their premises. Each metering and billing point must be its own separate electrical installation and be clearly separated from other metering and billing points.
Amendment 1082 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive (EU) 2019/944
Article 4
Article 4
2. Metering arrangements shall ensure that all suppliers operating at a single connection point are treated equally: (a) metering arrangements are approved by grid operator which allow the physical connection point to be split into several energy connection points equally reliable, independent from each other, and with same features and functionalities as single connection points (including balancing responsibility)
Amendment 1088 #
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
Article 11
1. Member States shall ensure that the national regulatory framework enables suppliers to offer fixed-term, fixed-price contracts and dynamic electricity pricedifferent contracts. Member States shall ensure that final custoconsumers 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 one year, with at least one supplier and with every supplier that has more than 200 000 final customers.
Amendment 1104 #
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
Article 11
1a. Prior to the conclusion or extension of any contract, final custoconsumers 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 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.