27 Amendments of Manon AUBRY related to 2023/0077(COD)
Amendment 22 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The skyrocketing electricity prices exposed the inadequacy of the current electricity market design, specifically the shortcomings of the merit order system and of the liberalisation and financialisation of the electricity market in general. The new electricity framework should pave the way for the provision of electricity as a public good based on renewable energy sources with the objective of guaranteeing access and affordability to households, ensuring security of supply and preventing speculation, inflationary pressures and unjust windfall profits.
Amendment 23 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 25 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 31 #
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. 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. Electricity should be considered an essential service, a common, necessary to ensure a life with dignity that no one should be deprived of. Access to a basic amount of energy, covering the basic needs of households in terms of health and dignity, should be considered a basic right and must be provided for free or an affordable price. This amount of energy should guarantee adequate heating, cooling, light and energy for power appliances that are essential services ensuring a decent standard of living and health. 1a _________________ 1a https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32 020H1563 Commission Recommendation EU 2020/1563 of 14/10/2020 on energy poverty
Amendment 39 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EU) 2019/943
Article 1 – point b
Article 1 – point b
(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 forwardthe provision of electricity as a public good based on renewable sources of energy in order to ensure affordability and accessibility of electricity, markets to allow suppliers and consumers to hedge or protect themselves against the risk of future volatility in electricity prices, empower consumers, ensure competitiveness on the global market, enhance flexibility through demand response, energy storage and other non- fossil flexibility solutions, ensure energy efficiency, facilitate aggregation of distributed demand and supply, and enable market and sectoral integration and market-based remuneration of electricity generated from renewable sourceintain security of supply, prevent inflationary pressures, avoid harmful speculative activities and windfall profits and prevent environmental damages and risks;
Amendment 42 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9
Article 9
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Amendment 55 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a
Article 19a
Amendment 56 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a – Title
Article 19a – Title
Amendment 57 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a – paragraph 1
Article 19a – paragraph 1
Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a – paragraph 2
Article 19a – paragraph 2
Amendment 60 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a – paragraph 3
Article 19a – paragraph 3
Amendment 65 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a – paragraph 4
Article 19a – paragraph 4
Amendment 66 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a – paragraph 5
Article 19a – paragraph 5
Amendment 67 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a – paragraph 6
Article 19a – paragraph 6
Amendment 69 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19b – Title
Article 19b – Title
Direct price support schemes for new investments inelectricity generation.
Amendment 70 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19b – paragraph 1
Article 19b – paragraph 1
1. Direct price support schemes for new investments for the generation of electricity from the sources listed in paragraph 2 shall take the form of a two- way contract for differences. New investments for the generation of electricity shall include investments in new power-generating facilities, investments aimed at repowering existing power-generating facilities, investments aimed at extending existing power- generating facilities or at prolonging their lifetimeSuch contracts shall be compulsory for electricity generation from sources listed in paragraph 2 .
Amendment 73 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19b – paragraph 2
Article 19b – paragraph 2
2. Paragraph 1 shall apply to new investments inthe generation of electricity from the following sources:
Amendment 78 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19b – paragraph 3 – point a
Article 19b – paragraph 3 – point a
(a) be designed so that the revenues collected when the market price is above the strike price are distributed to all finalthe following electricity customers based on their share of consumption (same cost / refund per MWh consumed);: i) households; ii) SMEs; iii) undertakings operating in electricity intensive economic activities; iv) charitable organisations.
Amendment 191 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) As expressed by the President of the European Commission Ursula van der Leyen1a, the skyrocketing electricity prices exposed the limitations of the current market design, and there is a need for a structural reform of the electricity market. The high prices of electricity depend of the expensive fossil-based (gas and coal) electricity production as it is based on an algorithm that rely on a discriminatory marginal pricing system where the actual production cost of electricity is not being taken into account. The reform should prepare the ground for other price formulation system, which should reflect the average production costs to avoid speculation and unjust windfall profit. _________________ 1a European Parliament Plenary session 08/06/202 - Conclusions of the special European Council meeting of 30-31 May 20222
Amendment 213 #
(7a) Electricity is a universal service of general economic interest and is vital to maintaining a decent standard of living to protect people’s dignity and integrity as required by Article 3 of the Charter of the Fundamental Rights of the European Union. It provides essential functions such as adequate and clean heating, hot water, cooling, lighting, cooking, and powering appliances. The Union recognises that people have a right to energy as a universal service in line with Article 36 of the Charter of the Fundamental Rights of the European Union and Principle 20 of the European Pillar of Social Rights to fully ensure realisation of the Sustainable Development Goal 7 that the Union committed itself at the United Nations Summit on Sustainable Development on 25 September 2015 to implementing the resolution containing the outcome document entitled ‘Transforming our world: the 2030 Agenda for Sustainable Development’. Therefore Member States shall guarantee planning and financing policies are needed to provide affordable and decarbonised electricity to all consumers. Therefore, electricity should be considered as common good and as such all citizens of the European Union should be entitled an affordable access as a fundamental right.
Amendment 328 #
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) Electricity should be considered as an essential service, a Common that no one should be deprived of to live with dignity. A basic amount of energy, allowing the basic needs of households linked to health and dignity should be considered as a right and must be allowed freely or through an affordable price. This amount should guarantee adequate warmth, cooling, lighting, and energy to power appliances, that are essential services that underpin a decent standard of living and health1a _________________ 1a https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32 020H1563 Commission Recommendation EU 2020/1563 of 14/10/2020 on energy poverty
Amendment 347 #
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) Electricity disconnections should be banned all year long, to protect households' dignity and take into account future heat waves or meteorologic events. It should also be banned and for all types of customers, not only the “vulnerables”, as not being able to pay an energy bill should be a vulnerability criterion in itself. A consumer who is in default of payment and whose energy is cut off is not a bad payer but is a vulnerable consumer who, before being cut off, has reduced his budget for food, leisure or health.
Amendment 348 #
Proposal for a regulation
Recital 52 b (new)
Recital 52 b (new)
(52b) Power limitation, allowing essential services, should be an alternative to disconnections.
Amendment 363 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
(b) set fundamentals principles for well-functioning, integrated electricity markets, which allow all resource providers and electricity customers non- discriminatory market access, enable the development of forward electricity markets to allow suppliers and consumers to hedge or protect themselves against the risk of future volatility in electricity prices, empower consumers, ensure competitiveness on the global marketto ensure the establishment of a price of electricity based average production costs and amortization instead of marginal pricing system, enhance flexibility through demand response, energy storage and other non- fossil flexibility solutions, ensure energy efficiency, facilitate aggregation of distributed demand and supply, and enable market and sectoral integration and market-based remuneration of electricity generated from renewable sources ;
Amendment 585 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
REGULATION (EU) 2019/943
Article 10a
Article 10a
Amendment 1071 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
Directive (EU) 2019/944
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1b) (1 b) The following Article 3a is inserted: Article 3a Possibility for States to derogate from market-based nature of electricity generation, distribution and supply. 1. Considering that electricity is an essential good that impacts all social and economic activities, Member States are free to decide to organise both production and supply of electricity as a public monopoly which action shall follow the following principles : (a) Ensuring the transition to a carbon neutral economy; (b) Limiting the impact of electricity production on the environment; (c) Developing the necessary electricity production to address the increase of electricity usage; (d) Lower prices for consumers to preserve their bargaining power and standards of living; (e) Lower prices for companies to protect their competitiveness; (f) Equalisation of electricity prices for all final consumers with exception of energy intensive industries and energy poor households. 2. The pricing system of electricity of a publicly operated monopoly shall be the same for all final consumers and reflect the average cost of production of electricity on the territory of the concerned Member State, including the net cost of imports and exports of electricity, amortization of new infrastructures, applicable taxes and investments in the grid. 3. The aforementioned national public monopoly shall not operate beyond the limit of the Member States in which it has been established and shall not have any other competences than production, storage and supply of electricity. 4. All the profits made by this public monopoly shall be invested in the generation and storage of electricity from renewable sources and adequate on peak generation capacity. 5. The existence of such a monopoly is without prejudice to the duty of Member States to provide, to the extent of their capacity, to other Member States electricity if they require so; to that effect, Member States shall further develop physical interconnexions between Member States. 6. In the framework of this public monopoly, Member States shall authorise physical persons the right to generate electricity for their own needs.
Amendment 1083 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Directive (EU) 2019/944
Article 10 – paragraph 11
Article 10 – paragraph 11
(2a) Article 10 paragraph 11 is replaced by the following : Suppliers shall inform the competent authorities and inform residential customers of the existing support measures before any power reduction. These measures may refer to energy audits, energy consultancy services, alternative payment plans, debt management advice, and do not constitute an extra cost to the customers facing a reduction in power.