Activities of Michael BLOSS related to 2023/0077(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) 2019/943 and (EU) 2019/942 as well as Directives (EU) 2018/2001 and (EU) 2019/944 to improve the Union’s electricity market design
Amendments (70)
Amendment 187 #
Proposal for a regulation
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Treaty establishing the European Atomic Energy Community (EURATOM), and in particular Article 2 c thereof,
Amendment 189 #
Proposal for a regulation
Recital 1
Recital 1
(1) Very high prices and volatility in electricity markets have been observed since September 2021. As set out by the European Agency for the Cooperation of Energy Regulators (‘ACER’) in its April 2022 assessment of EU wholesale electricity market design17, this is mainly a consequence of the high price of gasgas supply crisis, the high price of gas, the unreliability of nuclear power and low hydropower availability during summer, 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.
Amendment 198 #
Proposal for a regulation
Recital 2
Recital 2
(2) The escalation of the Russian military aggression against Ukraine, a Contracting Party of the Energy Community, and related international sanctions since February 2022 have disrupted global energy markets, exacerbated the problem of high gas prices, and have had significant knock-on impacts on electricity prices. The Russianunjustified Russian full-scale invasion of Ukraine has also caused uncertainty on the supply of other fossil energy commodities, such as hard coal and crude oil, used by power- generating installations. This has resulted in substantial additional increases in the volatility of price levels of electricity.
Amendment 199 #
Proposal for a regulation
Recital 3
Recital 3
(3) In response to this situation, the Communication on Energy Prices presented by the Commission in October 2021 contained a toolbox of measures that the EU and its Member States may use to address the immediate impact of high energy prices on households and businesses (including income support, tax breaks, gas savings, and energy savings and storage measures) and to strengthen resilience against future price shocks. In its Communication of 8 March 2022 entitled ‘REPowerEU: Joint European Action for more affordable, secure and sustainable energy’18 the Commission outlined a series of additional measures to strengthen the toolbox and to respond to rising energy prices. On 23 March 2022, the Commission also established a temporary State Aid regime to allow certain subsidies to soften the impact of high energy prices.19 _________________ 18 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions - REPowerEU: Joint European Action for more affordable, secure and sustainable energy, COM/2022/108 final 19 Communication from the Commission Temporary Crisis Framework for State Aid measures to support the economy following the aggression against Ukraine by Russia C 131 I/01, C/2022/1890.
Amendment 203 #
Proposal for a regulation
Recital 6
Recital 6
(6) A well-integrated market which builds on the Clean Energy for all Europeans Package adopted in 2018 and 201926 should allow the Union to reap the economic benefits of a single energy market in normal market circumstances, ensuring security of supply and sustainachieving the decarbonisation processclimate neutrality target. Cross-border interconnectivity also ensures safer, more reliable and efficient operation of the power system. _________________ 26 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, OJ L 328, 21.12.2018, p. 1; Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (recast), OJ L 328, 21.12.2018, p. 82; Directive (EU) 2018/2002 of the European Parliament and of the Council of 11 December 2018 amending Directive 2012/27/EU on energy efficiency, OJ L 328, 21.12.2018, p. 210; Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 2019 establishing a European Union Agency for the Cooperation of Energy Regulators (recast), OJ L 158, 14.6.2019, p. 22; Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast), OJ L 158, 14.6.2019, p. 54; Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity (recast), OJ L 158, 14.6.2019, p. 125.
Amendment 211 #
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, shield household consumers from high prices, disconnections, manipulation and abuse and allow consumers to benefit from a variety of contract offers.
Amendment 214 #
Proposal for a regulation
Recital 9
Recital 9
(9) A faster deployment of renewable energy and clean flexible technologies constitutes the most sustainable and cost- effective way of structurally reducing the demand for fossil fuels for electricity generation and for direct consumption through electrification and energy system integration. Thanks to their low operational costs, renewable sources can positively impact electricity prices across the Union and reduce direct consumption of fossil fuels.
Amendment 216 #
Proposal for a regulation
Recital 10
Recital 10
(10) The changes to the electricity market design should ensure that the benefits from rising renewable power deployment, and the energy transition as a whole, are brought to consumers, including the most vulnerable ones, and ultimately, shield them from energy crises and avoid more households falling into energy poverty trap. These should mitigate the impact of high fossil fuel prices, notably that of gas, on electricity prices, aiming to allow households and companies to reap the benefits of affordable and secure energy from sustainable renewable and low carbon sources in the longer termsources.
Amendment 223 #
Proposal for a regulation
Recital 14
Recital 14
(14) It is therefore important for the intraday markets to adapt to the participation of variable renewable energy technologies such as solar and wind as well as to the participation of demand side response and storage. The liquidity of the intraday markets should be improved with the sharing of the order books between market operators within a bidding zone, also when the cross-zonal capacities are set to zero or after the gate closure time of the intraday market. Furthermore, the gate closure time of the intraday market should be set as closer as possible to the time of delivery to maximize the opportunities for market participants to trade shortages and surplus of electricity and contribute to better integrating variable renewables in the electricity system.
Amendment 224 #
Proposal for a regulation
Recital 14
Recital 14
(14) It is therefore important for the intraday markets to adapt to the participation of variable renewable energy technologies such as solar and wind as well as to the participation of demand side response and storage. The liquidity of the intraday markets should be improved with the sharing of the order books between market operators within a bidding zone, also when the cross-zonal capacities are set to zero or after the gate closure time of the intraday market. Furthermore, the gate closure time of the intraday market should be set closer to the time of delivery to maximize the opportunities for market participants to trade shortages and surplus of electricity and contribute to better integrating variable renewables in the electricity system. (This amendment applies throughout the text.)
Amendment 230 #
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 inand especially starting with 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 and distribution 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 shaving product 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 to 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 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 and distribution system operator should use a baseline reflecting the expected electricity consumption without the activation of the peak shaving product. The introduction of peak shaving products is without prejudice to the legal obligation to open all markets to demand response on a non-discriminatory basis.
Amendment 235 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to be able to actively participate in the electricity markets and to provide their flexibility, consumers are progressively equipped with smart metering systems. However, in a number of Member States the roll-out of smart metering systems is still slow. In those instances where smart metering systems are not yet installed and in instances where smart metering systems do not provide for the sufficient level of data granularity, transmission and distribution system operators, upon customer consent, should be able to use data from dedicated metering devices for the observability and settlement of flexibility services such as demand response and energy storage. Enabling the use of data from dedicated metering devices for observability and settlement should facilitate the active participation of the consumers in the market and the development of their demand response. The use of data from these dedicated metering devices should be accompanied by quality requirements relating to the data.
Amendment 253 #
Proposal for a regulation
Recital 22
Recital 22
(22) Network tariffs should incentivise transmission and distribution system operators to use flexibility services through further developing innovative solutions to optimise the existing grid and to procure flexibility services, in particular demand response or storage under regulatory oversight. For this purpose, network tariffs should be designed so as to take into account grid services provided for or by active customers and the operational and capital expenditures of system operators or an efficient combination of both so that they can operate the electricity system cost-efficiently. This would further contribute to integrating renewables at the least cost for the electricity system and enable final customers to value their flexibility solutions.
Amendment 261 #
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 offshore project 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 torequired to partly compensate the offshore project operator commensurately using excess 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 Regulation.
Amendment 274 #
Proposal for a regulation
Recital 29
Recital 29
(29) Member States have at their disposal several instruments to support the development of PPA markets when designing and allocating public support. Allowing renewable energy project developers participating in a public support tender to reserve a share of the generation for sale through a PPA would contribute to nurture and grow PPA markets. In addition, as part of these tender evaluation Member States should endeavour to apply criteria to incentivise the access to the PPA market for actors that face entry barriers, such as small and mediummicro and small-sized enterprises (‘SMEs’),. giving preference to bidders presenting a commitment to sign a PPA for part of the project’s generation from one or several potential buyers that face difficulties to access the PPA market.
Amendment 295 #
Proposal for a regulation
Recital 37
Recital 37
(37) The accelerated deployment of renewables necessitates a growing availability of flexibility solutions to ensure their integration to the grid and to enable the electricity system and grid to adjust to the variability of electricity generation and consumption across different time horizons. Regulatory authorities should periodically assess the need for flexibility in the electricity system based on the input of transmission and distribution system operators. The assessment of the flexibility needs of the electricity system should take into account all existing and planned investments (including existing assets that are not yet connected to the grid) on sources of flexibility such as flexible electricity generation, interconnectors, demand side response, energy storage or the production of renewable fuels, in view of the need to decarbonise the energy systemwith the objective of accelerating progress towards a renewables based power system by 2035. On this basis, Member States should define a national objective for non-fossil flexibility such as demand side response and storage which should also be reflect. This national objective should support Member States' pathway to a renewables based power system by 2035, and be included in their integrated national energy and climate plans.
Amendment 333 #
Proposal for a regulation
Recital 45
Recital 45
(45) When suppliers’ do not ensure that their electricity portfolio is sufficiently hedged changes in wholesale electricity prices can leave them financially at risk and, result in their failure, passing on costs to consumers and other network users. Hence, it should be ensured that suppliers are appropriately hedged when offering fixed price contracts. An appropriate hedging strategy should take into account the suppliers' access to its own generation and its capitalisation as well as its exposure to changes in wholesale market prices. Regulatory supervision of hedging strategies should not trigger a shift of legal responsibility from suppliers to the supervising authority.
Amendment 364 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Article 1 – point b Electricity regulation
(b) set fundamental 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 and protect consumers, ensure a level playing field for distributed renewable energy installations owned by citizens and energy communities, ensure competitiveness on the global market, enhance flexibility through demand response, energy storage and other non- fossil flexibility solutions, ensure energy efficiency and savings, facilitate aggregation of distributed demand and supply, and enable market and sectoral integration and market- based remuneration of electricity generated from renewable sources;
Amendment 369 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2019/943
Article 1 – point e
Article 1 – point e
(e) support long-term investments in renewable energy generation and non- fossil flexibility to enable consumers’ to make their energy bills affordable and less dependent from fluctuations of short-term electricity market prices, in particular fossil fuel prices in the medium to long-term.
Amendment 378 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) 2019/943
Article 1– point a
Article 1– point a
"(a) set the basis for an efficient achievement of the objectives of the Energy Union and the goal to achieve climate neutrality by 2050 at the latest, in particular the climate and energy framework for 2030 by enabling market signals to be delivered for increased efficiency, higher share of renewable energy sources, security of supply, flexibility, sustainability, decarbonisation and innovation ; " Or. en (Regulation (EU) 2019/943)
Amendment 382 #
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 hour’ means an hour with the highest electricity consumption combined with a low level of electricity generated from renewable energy sources, with the highest prices, or where the grid is not able to accommodate the forecasted generation or consumption, taking cross- zonal exchanges into account;
Amendment 387 #
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 or distribution system operator;
Amendment 393 #
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
(74) ‘peak shaving product’ means a market-based product through which market participants can provide peak shaving to the transmission or distribution system operators;
Amendment 408 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 78a (new)
Article 2 – point 78a (new)
(78a) 'surplus revenue' means any positive difference between the market revenue per MWh of electricity and the cap on market revenue of 180 EUR indexed to inflation rate per MWh of electricity provided for in Article 65a.
Amendment 409 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 78b (new)
Article 2 – point 78b (new)
(78b) 'solidarity contribution' means a contribution by Union companies and permanent establishment in the energy sectors, including those part of a consolidated group, applied at national level.
Amendment 410 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 79
Article 2 – point 79
(79) ‘dedicated metering device’ means a device attached to or embedded in an asset that sellsprovides quantification of demand response or flexibility services on the electricity market or to transmission and distribution system operators;
Amendment 426 #
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 4
Article 4
"Article 4 Just transition -1. As demonstrated by the energy crisis, Member States shall ensure access to affordable energy for all, fair markets and the right framework for a just transition. Member States shall implement EU energy and climate policies, together with policies, measures and funding allowing support to disadvantaged groups, undertakings and regions, in line with EU state aid rules. Member States shall put in place national strategies for the progressive reduction of existing coal and other solid fossil fuel generation and mining capacity, organise fair energy markets, including through the present regulation and with a dedicated framework for crisis times, and levy a solidarity contribution to enable a just transition. 1. The Commission shall support Member States that put in place a national strategy for the progressive reduction of existing coal and other solid fossil fuel generation and mining capacity through all available means to enable a just transition in regions affected by structural change. The Commission shall assist Member States in addressing the social and economic impacts of the cleanrenewable energy transition. 2. The Commission shall work in close partnership with the stakeholders in coal and carbon-intensive regions, shall facilitate the access to and use of available funds and programmes, and shall encourage the exchange of good practices, including discussions on industrial roadmaps and reskilling needs. 2a (new). Member States shall put in place a solidary contribution. The solidarity contribution shall be collected from Union companies and permanent establishments with for profit activities in the energy sectors, including those that are part of a consolidated group merely for tax purposes, and shall be calculated on the taxable profits, as determined under national tax rules, which are above a 20 % increase of the average of the taxable profits, as determined under national tax rules, in the four fiscal years starting on or after 1 January 2018. If the average of the taxable profits in those four fiscal years is negative, the average taxable profits shall be zero for the purpose of calculating the solidarity contribution. The fiscal year is determined by reference to the rules in place under Member States’ national laws. 2ab (new). The rate applicable for calculating the temporary solidarity contribution shall be at least 33 % of the base referred to in paragraph 2a (new). The solidarity contribution shall apply in addition to the regular taxes and levies applicable according to the national law of a Member State. The setting of the minimum rate shall ensure that the solidarity contribution is both fair and proportionate. Member States shall remain free to apply a rate higher than 33 % for their solidarity contribution. This shall enable such Member States to set their preferred rate they deem acceptable and appropriate under their national legal systems." (Paragraphs 1 and 2 remain unchanged, but one paragraph is inserted above original paragraph 1 and 2 paragraphs are inserted below original paragraph 2.) Or. en (Regulation (EU) 2019/943)
Amendment 451 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Article 7a – 1 Electricity Regulation
1. Without prejudice to Article 40(5) and 40(6) of the Electricity Directive, transmission or distribution system operators may procure peak shaving products in order to achieve a reduction of electricity demand during peak hours without harming the functioning of spot and balancing markets.
Amendment 461 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
2. Transmission or distribution system operators seeking to procure a peak shaving product shall submit a proposal setting out the dimensioning and conditions for the procurement or activation of the peak shaving product to the regulatory authority of the Member State concerned. The proposal of the transmission or distribution system operator shall comply with the following requirements:
Amendment 464 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Article 7a – 2a Electricity Regulation
(a) the dimensioning of the peak shaving product shall be based on an analysis of the need for an additional service to ensure security of supply. The analysis shall take into account the market impact of the peak shaving products, a reliability standard or objective, as applicable, and transparent grid stability criteria approved by the regulatory authority. The dimensioning shall take into account the forecast of demand, the forecast of electricity generated from renewable energy sources and the forecast of other sources of flexibility in the system. The dimensioning of the peak shaving product shall be limited to ensure that the forecasted costs do not exceed the expected benefits of the product and do not exceed the forecasted costsincrease the greenhouse gas emissions of the energy system at the moment of its activation;
Amendment 470 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
(b) the procurement of a peak shaving product shall be based on objective, transparent, non-discriminatory criteria and be limited to demand response, market- based criteria. It shall not exclude participating assets from accessing other markets;
Amendment 473 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Article 7a –2ca Electricity Regulation
(ca) the minimum bid size shall be 100 kW including through aggregation;
Amendment 476 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Article 7a – 2d Electricity Regulation
(d) contracts for a peak shaving product shall not be concluded more than two days before itsas close as possible to activation and the contracting period shall be no longer than one day; in order to avoid diluting price signals.
Amendment 490 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Article 7a– 3 Electricity Regulation
3. The actual reduction of consumption resulting from the activation of a peak shaving product shall be measured against a baseline, reflecting the expected electricity consumption without the activation of the peak shaving product. Transmission and distribution system operators shall develop a baseline methodology in consultation with market participants and submit it to the regulatory authority.
Amendment 495 #
4. Regulatory authorities shall approve the proposal of the transmission system operators seeking to procure a peak shaving product and the baseline methodology submitted in accordance with paragraphs 2 and 3 or shall request the transmission system operatorsand distribution system operators, as applicable, to amend the proposal where it does not meet the requirements set out in these paragraphs.
Amendment 497 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Article 7a –4a Electricity regulation
4a. The regulatory authorities shall approve or request to amend the baseline methodology submitted in accordance with paragraph 3 and may request the Agency for an opinion.
Amendment 498 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Article 7a – 4b Electricity Regulation
4b. By 2026, the Commission, also based on input from the Agency and national regulatory authorities, shall assess the impacts of peak shaving products under this Article. The assessment shall include impacts on electricity prices, capacity and grid extensions, as well as on the functioning of the day-ahead, intraday and balancing markets.
Amendment 501 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Article 7b – 1 Electricity Regulation
1. “Member States shall allow customers, and market participants, including aggregators, transmission system operators and distribution system operators to use data from dedicated metering devices for the observability and settlement of demand response and flexibility services, including from storage systemshave access and to use data, upon explicit consent from owners and users, from dedicated metering devices, including those referred to in article 19 of Directive 2019/944, for the observability and settlement of flexibility services and energy sharing.
Amendment 512 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Article 7b – 2 Electricity Regulation
2. Member States shall establishThe requirements for a dedicated metering device data validation process to check and ensure the quality and interoperability of the respective data. shall be in compliance with Regulation (EU) 2016/679, Article 23 of Directive (EU) 2019/944 and Network Code for Demand Response, as applicable;
Amendment 520 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Article 8 – 1 Electricity Regulation
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 306, the intraday cross-zonal gate closure time shall be at the earliest 15 minutes ahead of real time. By 1 January 2028, the intraday cross-zonal gate closure time shall be at the earliest 5 minutes ahead of real time. The Agency may grant a temporary derogation maximum 6 months from complying with this requirement if NEMOs demonstrate that shortening of gate closure times would lead to an overall increase in greenhouse gas emissions from the internal electricity market. Until the 31 December 2025, the Commission shall provide a report that evaluates barriers and solutions towards further decreasing the cross-zonal gate closure time to 5 minutes ahead of real time.
Amendment 547 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 9 – 1 Electricity Regulation
1. Liquid forward markets allow market participants to hedge against price fluctuations and improve investors' certainty and price stability for consumers. All market participants shall have access to liquid trading hubs in their region. By 1 December 2024 the ENTSO for Electricity shall submit to ACER, after having consulted ESMA, a proposal for the establishment of regional virtual hubs for the forward market. The proposal shall:
Amendment 586 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Article 10a Electricity Regulation
(6a) By December 2025, the Commission shall submit a report to the European Parliament and to the Council assessing different options for the introduction of a temporary relief valve mechanism in view of the experience with those mechanisms at international level and of the evolution and new developments in the Union electricity market. That report shall, where appropriate, be accompanied by a legislative proposal.
Amendment 591 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Article 18 – 2 Electricity Regulation
2. Tariff methodologies shall reflect the fixed costs of transmission system operators and distribution system operators and shall consider both capital and operational expenditure to provide appropriate incentives to transmission system operators and distribution system operators over both the short and long run, including anticipatory investments, in order to increase efficiencies, including energy efficiency, to foster market integration and security of supply, to support the use of flexibility services, efficient investments including solutions to optimise the existing grid and facilitate demand response and related research activities, and to facilitate innovation in the interest of consumers in areas such as digitalisation, flexibility services and interconnection;, including the required infrastructure to reach at least the 15% target by 2030 set out in point (1) of Article 4(d) of Regulation (EU) 2018/1999. Tariff methodologies shall be appropriate and cost-reflective with regard to future network investments if charges are time- varying.
Amendment 597 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Article 18 – 8 Electricity regulation
8. Transmission and distribution tariff methodologies shall provide incentives to transmission and distribution system operators for the most cost-efficient operation and development of their networks including through the procurement of services. For that purpose, regulatory authorities shall recognise relevant costs as eligible, including those related to anticipatory investments, shall include those costs in transmission and distribution tariffs, and shall introduce performance targets in order to provide incentives to transmission and distribution system operators to keep grid permitting and connection periods for renewable generation, electric vehicle recharging infrastructure and grid-facing storage to a maximum of six months when no grid reinforcement is needed, and one year in cases a reinforcement is needed, and to increase efficiencies in their networks, including through energy efficiency, the use of flexibility services and the development of smart grids and intelligent metering systems.
Amendment 614 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
Article 19 –2d Electricity Regulation
(8a) With respect to excess revenues resulting from the allocation of cross- zonal capacity, the objective to compensate offshore renewable generators in an offshore bidding zone, at least in part, shall have priority, if: a) access to interconnected markets has been reduced in such a way that one or more transmission system operators have not made enough capacity available on the interconnector or the critical network elements affecting the capacity of the interconnector; b) the offshore plant operator not being able to export its electricity generation capability to the market; c) there is a simultaneous loss of revenue of the offshore renewable generator and a higher revenue on the interconnector; and d) any consumption in the bidding zone is not a co-driver of the price formation. By 31 December 2024, the European Commission is empowered to adopt a delegated act to supplement this Regulation, outlining a methodology for calculation of the partial compensation, including the conditions under which the measure may expire.
Amendment 615 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 b (new)
Article 1 – paragraph 1 – point 8 b (new)
Article 19 – 2e Electricity Regulation
(8b) The Commission shall biannually assess cross border capacity allocation in interconnectors, in particular compliance with Article 16 § 8 and, if appropriate, take legislative action.
Amendment 616 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Chapter IIIa Electricity regulation
Specific investment incentives to achieve the Union’s decarbonisationclimate objectives
Amendment 625 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Article 19a –1 Electricity Regulation
1. Member States shall facilitate and remove barriers for small market participants to power purchase agreements (‘PPAs’) with a view to at least reaching the objectives set out in their integrated national energy and climate plan with respect to the dimension decarbonisation referred to in point (a) of Article 4 of Regulation (EU) 2018/1999, and to contribute to more predictable electricity prices while preserving competitive and liquid electricity markets.
Amendment 634 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Article 19a– 1a Electricity Regulation
1a. By 31 December 2024, the Commission, in cooperation with all NEMOs, shall establish a platform that allows all market participants to trade power purchase agreements, including optional standardised power purchase agreements. The platform shall ensure instruments to facilitate the participation of market participants through aggregation.
Amendment 641 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Article 19a –2 Electricity Regulation
2. Member States shall ensure that instruments such asWithout prejudice to Articles 107 and 108 TFEU, Member States shall provide for public 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. Such instruments shall facilitate the pooling of demand for PPAs. Member States shall determine what categories of customers are targeted by these instruments applying non- discriminatory criteria among each category of customers that: a) face entry barriers to the PPA market and; b) 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, and; c) are local authorities, micro and shmall dentermine what categoprises of customers are targeted by these instruments, applying non-discriminatory criteria.r are organised in renewable energy communities or citizen energy communities;
Amendment 894 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Article 19 d Electricity Regulation
Amendment 896 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Article 19 d – 1 Electricity Regulation
By January 2026, the Commission shall draw up a Union strategy on demand response and storage, 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 902 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Article 19 d –1 Electricity Regulation
Based on the report of the regulatory authority pursuant to Article 19c(1), each Member State shall define an indicativseparate quantifiable national objectives for demand side response and storage. This indicativIn addition, Member States shall set out by 31 December 2035 national pathways with timelines and objectives to achieve a renewables based power system by 2035. These national objectives 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 913 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Article 19 e – 1 Electricity Regulation
1. Member States which apply a capacity mechanism in accordance with Article 21 shall consider the promotion ofensure the participation of non-fossil flexibility, such as demand side response and storage by introducing additional criteria or features in the design of the capacity mechanismrequiring that the product design, including all participation requirements, are market-based and do not pose any undue barriers on demand response and storage and by reserving a significant share of the auctioned capacity to demand side response and storage.
Amendment 946 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Article 19 e – paragraph 3 Electricity Regulation
3. Member States which do not apply a capacity mechanism with the participation of non-fossil flexibility may apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibility such as demand side response and storage.
Amendment 982 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Article 19 f – 1 (ba) Electricity Regulation
(ba) take into consideration locational criteria to ensure that investments in new capacity take place in optimal locations;
Amendment 1013 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Regulation (EU) 2019/943
Article 50 – 4 a – Electricity regulation
Article 50 – 4 a – Electricity regulation
Transmission and distribution system operators shall publish in a clear and transparent manner, information on the capacity available for new connections in their respective areas of operation, including in congested areas if flexible energy storage connections can be accommodthe criteria used to calculate such available capacity in congested areas to ensure that flexibility assets can be optimally located, and update that information regularly, at least quartermonthly.
Amendment 1017 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Regulation (EU) 2019/943
Article 50 – 4 a – Electricity Regulation
Article 50 – 4 a – Electricity Regulation
Transmission and distribution system operators shall also provide clear and transparent information to system users about the status and treatment of their connection requests. They shall provide such information within a period of three months from the submission of the requestone month from the submission of the request. Member States shall ensure that transmission system operators and distribution system operators develop procedures to guarantee access to available grid connection in particular to capacity satisfying local interest in the uptake of community-owned generation facilities. Transmission system operator or distribution system operator shall take into account energy communities’ ability to finance network reinforcements ;
Amendment 1035 #
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 69 – 1 – Electricity Regulation
Article 69 – 1 – Electricity Regulation
"Article 69 Commission reviews and reports 1. By 1 July 2025, the Commission shall review the existing network codes and guidelines in order to assess which of their provisions could be appropriately incorporated into legislative acts of the Union concerning the internal electricity market and how the empowerments for network codes and guidelines laid down in Articles 59 and 61 could be revised. The Commission shall assess the provisions of Chapter IV and notably Article 20 to 22 on capacity mechanisms. The Commission shall submit a detailed report of its assessment to the European Parliament and to the Council by the same date. By 31 December 2026, the Commission shall, where appropriate, submit legislative proposals on the basis of its assessment. 2. By 31 December 2030 the Commission shall review this Regulation and shall submit a report to the European Parliament and to the Council on the basis of that review, accompanied by a legislative proposal where appropriate. " Or. en (Regulation (EU) 2019/943)
Amendment 1036 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EU) 2019/943
Article 71 – Electricity Regulation
Article 71 – Electricity Regulation
"Article 71 Entry into force 1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. 2. It shall apply from 1 January 2020. Notwithstanding the first subparagraph, Articles 14, 15, 22(4), 23(3) and (6), 35, 36 and 62 shall apply from the date of entry into force of this Regulation. For the purpose of implementing Article 14(7) and Article 15(2), Article 16 shall apply from that date. This Regulation shall be binding in its entirety and directly applicable in all Member States. It shall not take effect on any ongoing existing arrangements including PPAs, CfDs or other direct support schemes concluded before the entry into force of this Regulation." Or. en (Regulation (EU) 2019/943)
Amendment 1047 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
Directive (EU) 2019/944
Article 2 – a – Electricity Directive
Article 2 – a – Electricity Directive
(8) ‘active customer’ means a final customer, or a group of jointly acting final customers, who consumes or stores electricity generated within its premises located within confined boundaries or self- generated or shared electricity within other premises located within the same bidding zone, or who sells self-generated electricity or participates in flexibility or energy efficiency schemes, provided that those activities do not constitute its primary commercial or professional activity.”;
Amendment 1053 #
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 – 15 a – Electricity Directive
Article 2 – 15 a – Electricity Directive
(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, while it may, within a fixed price, include a flexible element with for example peak and off peak price variations for the duration of the contract, including the price;
Amendment 1056 #
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 – 10 a – Electricity Directive
Article 2 – 10 a – Electricity Directive
(a) generated or stored offsite or on sites between them by a facility they own, lease, rent in whole or in partas long as the activity is conducted within the same and surrounding local or regional administrative units, as determined under applicable national law; or
Amendment 1060 #
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 – 10 b – Electricity Directive
Article 2 – 10 b – Electricity Directive
Amendment 1075 #
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 or energy sharing agreement 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. Member States shall ensure that active customers engaged in energy sharing are free to choose a third party facilitator, regardless of their supply contract. The development of fixed-term, fixed-price contracts should not exclude or otherwise undermine the possibility of consumers participating in demand response and energy sharing.
Amendment 1092 #
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 – 1 – Electricity Directive
Article 11 – 1 – Electricity Directive
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 final customers who have a smart meter or a dedicated metering device 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. Suppliers shall not unilaterally modify terms and conditions of fixed-price fixed- term contracts or terminate them before the end of the contract.
Amendment 1100 #
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 – 1 a – Electricity directive
Article 11 – 1 a – Electricity directive
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, discountsits breakdown, the average price per month over the duration of the contract for fixed- price tariffs, promotions, additional services, discounts, whether the price is fixed or indexed, 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 1107 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point d
Article 2 – paragraph 1 – point 3 – point d
Directive (EU) 2019/944
Article 11 – 2 – Electricity Directive
Article 11 – 2 – Electricity Directive
2. Member States shall ensure that final customers are fully informed by the suppliers of the opportunities, costs and risks of dynamic electricity price contracts, and shall ensure that suppliers are required to provide information to the final customers accordingly, including with regard to the need to have an adequate electricity meter installed. Regulatory authorities shall monitor the market developments and assess the risks that the new products and services may entail, while including observations from consumer organisations, and deal with abusive practices.
Amendment 1114 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive (EU) 2019/944
Article 15 a b – Electricity Directive
Article 15 a b – Electricity Directive
Public action for the local energy transition 1. local and regional authorities may invest in energy production facilities. 2. local and regional authorities shall develop "one stop shops” to facilitate the energy transition. 3. One-stop shops: (a) shall offer citizens advisory services in respect to energy sharing, energy communities, renewable investments, local energy markets; (b) shall facilitate the bundling of demand for PPAs; (c) shall facilitate integrated network planning for electricity, heat and gases; (d) may offer platforms for energy sharing; (e) may offer platforms for registering renewable energy systems; (f) shall facilitate citizen involvement during the planning and building of network and generation infrastructure. (This Article comes after Article 15a.)
Amendment 1115 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive (EU) 2019/944
Article 15 a – 1 – Electricity Directive
Article 15 a – 1 – Electricity Directive
1. All households, small and medium sized enterprises, energy communities and public bodies have the right to participate in energy sharing as active customers. , within the same and surrounding local or regional administrative units, as determined under applicable national law. That right shall not apply to private enterprises or undertakings whose participation in energy sharing constitutes part of their primary or professional activity