66 Amendments of Pervenche BERÈS related to 2016/0379(COD)

Proposal for a regulation
Recital 11 a (new)

(11a) Contractual long term hedging offer already exists on the electricity European market, but such offer is practically restricted to mid-term hedging contracts, without exceeding three to four years. This reflects a market failure hindering certain operators which request a long term visibility to ensure the viability of their business model. This is particularly true for the electro-intensive industrial consumers, knowing that they are in the same time able to contribute significantly to balancing the electricity market and to managing efficiently the transportation system, notably through demand side response. Long term supply contracts offer can cope with a market failure.

2017/09/25
Committee: ITRE

Proposal for a regulation
Recital 15

(15) Efficient decarbonisation of the electricity system via market integration requires systematically abolishing barriers to cross-border trade to overcome market fragmentation and to allow Union energy customers to fully benefit from the advantages of integrated electricity markets and competition. It also requires to set up a complementary secure environment for capital intensive long term investment in clean energy.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 a (new)

All opinions and recommendations adopted by the Agency in application of the Regulation 347/2013 on guidelines for trans-European energy infrastructure shall be adopted in accordance with the procedure referred to in Article 23(5).

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 19 – paragraph 1

1. The Administrative Board shall be composed of nine members. Each member shall have an alternate. ~~Two~~One members and ~~their~~its alternates shall be appointed by the Commission, two members and their alternates shall be appointed by the European Parliament and ~~five~~six members and their alternates shall be ~~appointed by the Council. No Member of the European Parliament shall be a member of the Administrative Board~~members from the Board of Regulators.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 19 – paragraph 2

2. The term of office of the members of the Administrative Board and their alternates shall be ~~four~~two years and a half, renewable once~~. For the first mandate, the term of office of half of the members of the Administrative Board and their alternates shall be six years~~.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 19 – paragraph 4

4. The meetings of the Administrative Board shall be convened by its Chairman. The ~~Chairman of the Board of Regulators or the nominee of the Board of Regulators, and the~~ Director shall participate, without the right to vote, in the deliberations unless the Administrative Board decides otherwise as regards the Director. The Administrative Board shall meet at least twice a year in ordinary session. It shall also meet at the initiative of its Chairman, at the request of the Commission or at the request of at least a third of its members. The Administrative Board may invite any person who may have a relevant opinion to attend its meetings in the capacity of an observer. The members of the Administrative Board may, subject to its rules of procedure, be assisted by advisers or experts. The Administrative Board’s secretarial services shall be provided by the Agency.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 19 – paragraph 5

5. Decisions of the Administrative Board shall be adopted on the basis of a two third simple majority of the members present, unless provided otherwise in this Regulation. Each member of the Administrative Board or alternate shall have one vote.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 19 – paragraph 6 – point b

(b) the arrangements governing the rotation applicable to the renewal of the members of the Administrative Board who are appointed by the Board of Regulators and the Council so as to ensure a balanced participation of regulatory authorities and Member States over time.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 19 – paragraph 7

~~7. A member of the Administrative Board shall not be a member of the Board of Regulators.~~deleted

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 3 – paragraph 1 – point f

(f) market rules shall deliver appropriate investment incentives for generation, in particular long-term investments, storage, energy efficiency and demand response to meet market needs and thus ensure security of supply;

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 19 – paragraph 8

8. The members of the Administrative Board shall undertake to act independently and objectively in the public interest without seeking or following any political instruction. For that purpose, each member shall make a written declaration of commitments and a written declaration of interests indicating either the absence of any interest which may be considered prejudicial to his independence or any direct or indirect interest which might be considered prejudicial to his independence. Those declarations shall be made public annually.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 20 – paragraph 1 – point a

(a) after having consulted the Board of Regulators and obtained its favourable opinion in accordance with Article 23(b), appoint the Director in accordance with Article 24(2) and where relevant extend their term of office or remove them from office.deleted

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 20 – paragraph 1 – point b

~~(b) formally appoint the members of the Board of Regulators in accordance with Article 22(1).~~deleted

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 20 – paragraph 1 – point e

(e) adopt, each year the draft programming document referred to in Article 21 before its submission to the Commission for its opinion, and shall, following the opinion of the Commission and after having received approval by the Board of Regulators in accordance with Article 23(5)(c), adopt the programming document of the Agency by a two thirds majority its members and shall transmit it to the European Parliament, the Council and the Commission. The work programme shall be adopted without prejudice to the annual budgetary procedure and shall be made public.deleted

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 20 – paragraph 2

2. The Administrative Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants, delegating relevant appointing authority powers to the Director and defining the conditions under which that delegation of powers can be suspended. The Director shall be authorised to sub-delegate those powers.deleted

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 20 – paragraph 3

3. Where exceptional circumstances so require, the Administrative Board may by way of a decision temporarily suspend the delegation of the appointing authority powers to the Director and those sub- delegated by the latter and in favour of itself or delegate them to one of its members or to a staff member other than the Director.deleted

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1

Each year, the Administrative Board shall adopt a programming document containing multi-annual and annual programming, based on a draft put forward by the Director and approved by the Board of Regulators, taking into account the opinion of the Commission and in relation to multiannual programming after consulting the European Parliament. It shall forward it to the European Parliament, the Council and the Commission no later than 31 January each year.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 3 – paragraph 1 – point m a (new)

(ma) Market rules shall allow the development of long-term instruments and products that enable investments in clean energy.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point b a (new)

(ba) one non-voting representative of the European Parliament.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 3 – paragraph 1 – point n

(n) long-term hedging opportunities, which allow market participants to hedge against price volatility risks on a market basis, and ~~elimin~~mitigate uncertainty on future returns on investment, shall be tradable on exchanges in a transparent manner ~~subject to~~; similarly, long-term supply contracts shall be negotiated over the counter; both shall be compliancet with EU ~~treaty rules on competition.~~rules

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 23 – paragraph 1

1. The Board of Regulators ~~and sub- committees pursuant to Article 7~~ shall act by a ~~simple~~two-thirds majority of the members present, with one vote for each member~~, except for the opinion pursuant to paragraph 5(b) which shall be taken on the basis of a two-thirds majority of its members present~~.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 23 – paragraph 5 – point a

(a) provide opinions to the Director on ~~the~~all documents containing opinions, recommendations and decisions referred to in Articles 43 to 14, 16 and 30, which are considered for adoption. ~~In addition, t~~The Board of Regulators~~, within its field of competence, shall pro~~ may revidse guidance to the Director in the execution of his tasks, with the exception of decisions pursuant to Article 16(6) of Regulation 1227/200138. __________________ 38 Regulation (EU) 1227/2011 of the European Parliament and of the Council of 25 October on wholesale energy market integrity and transparency, OJ L 326, 8.12.2011, p. 1and amend the opinions, recommendations and decisions drafted by the Director pursuant to Article 25. In addition, the Board of Regulators, within its field of competence, shall provide guidance to the Director and the Agency working groups in the execution of their tasks.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 23 – paragraph 5 – point a a (new)

(aa) appoint the Director in accordance with Article 24(2) and where relevant extend their term of office or remove them from office.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 23 – paragraph 5 – point a b (new)

(ab) adopt, each year the draft programming document referred to in Article 21 before its submission to the Commission for its opinion, and shall, following the opinion of the Commission, adopt the programming document of the Agency by a two thirds majority its members and shall transmit it to the European Parliament, the Council and the Commission. The work programme shall be adopted without prejudice to the annual budgetary procedure and shall be made public.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 23 – paragraph 5 – point b

~~(b) deliver an opinion to the Administrative Board on the candidate to be appointed as Director in accordance with Article 20(1)(a) and Article 24(2).~~deleted

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 24 – paragraph 2

2. The Director shall be appointed by the ~~Administrative Board following a favourable opin~~Board of Regulators, after confirmation ofby the ~~Board of Regulators,~~European Parliament on the basis of merit as well as skills and experience relevant to the energy sector, ~~from a list of at least three candidates proposed by the Commission,~~ following an open and transparent selection procedure. Before appointment, the candidate selected by the ~~Administrative Board~~Board of Regulators may be invited to make a statement before the competent committee of the European Parliament and to answer questions put by its members. For the purpose of concluding the contract with the Director, the Agency shall be represented by the Chairman of the ~~Administrative Board~~Board of Regulators

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 24 – paragraph 4

4. The ~~Administrative Board~~Board of Regulators, acting on a proposal from the Commission, after having consulted and ~~given the utmost consideration to the assessment and the opinion of the Board of Regulators on that assessment and~~ only in those cases where it can be justified by the duties and requirements of the Agency, may extend once the term of office of the Director by no more than five years. A Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the extended period.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 24 – paragraph 5

5. The ~~Administrative Board~~Board of Regulators shall inform the European Parliament of its intention to extend the Director’s term of office. Within one month before the extension of his term of office, the Director may be invited to make a statement before the competent committee of the Parliament and to answer questions put by the members of that committee.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 24 – paragraph 7

7. The Director may be removed from office only upon a decision of the ~~Administrative Board, after having obtained a favourable opinion of the Board of Regulators. The Administrative Board~~Board of Regulators. The Board of Regulators shall reach that decision on the basis of a two- thirds majority of its members.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 25 – paragraph 1 – point c

(c) draft , adopt and publish opinions, recommendations and decisions. Opinions, recommendations and decisions referred to in Articles 3 to 114 , 16 and ~~14 ,~~30 shall only be adopted if they have received a favourable opinion of the Board of Regulators;

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 30 – paragraph 1

1. Where justified and in particular to support the regulatory work of the Director and of the Board of Regulators on regulatory issues, the ~~Administrative Board may~~Director shall, following a favourable opinion of the Board of Regulators, establish working groups.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 30 – paragraph 2

2. The working groups shall be composed of experts from the staff of the Agency and, from national regulatory authorities ~~and~~. Experts from the Commission shall, as necessary, participate as observers, as necessary. The Agency shall not be responsible for the costs of the participation of experts from the staff of national regulatory authorities in the Agency working groups.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 30 – paragraph 3

3. The ~~Administrative Board~~Director, following a favourable opinion of the Board of Regulators, shall adopt and publish internal rules of procedure for the functioning of the working groups. The Director, following a favourable opinion of the Board of Regulators, shall appoint working group chairs.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 30 – paragraph 3 a (new)

3a. The Agency Working Groups, under the guidance of the Board of Regulators, shall carry out the activities assigned to them in the programming document adopted pursuant to Article 20(1)(e) and any activities assigned to them by the Board of Regulators and the Director.

2017/09/21
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 4

4. By 1 January 2025, the imbalance settlement period shall be 15 minutes in all control areas, in order to ensure a cost efficient harmonization.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 16 – title

Charges for access to networks, use of networks and reinforcement

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 16 – paragraph 1

1. Charges applied by network operators for access to networks, including charges for connection to the networks, charges for use of networks, and, where applicable, charges for related network reinforcements, shall be transparent, take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non-discriminatory manner. In particular, they shall be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level, either positively or negatively. They shall not discriminate against energy storage and shall not create disincentives for participation in demand response. Without prejudice to paragraph 3, tThose charges shall not be distance- related.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 16 – paragraph 1

1. Charges applied by network operators for access to networks , including charges for connection to the networks, charges for use of networks, and, where applicable, charges for related network reinforcements, shall be transparent, take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non-discriminatory manner. In particular, they shall be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level, either positively or negatively. They shall not discriminate against energy storage and shall not create disincentives for participation in demand response. Without prejudice to paragraph 3, those charges shall not be distance-related.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 16 – paragraph 3

3. Where appropriate, the level of the tariffs applied to producers and/or consumers ~~shall~~may provide locational signal~~s at Union level~~, and take into account the amount of network losses and congestion caused, and investment costs for infrastructure.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 16 – paragraph 6

6. There shall be no specific network charge on individual transactions for ~~cross- border trade~~transits of electricity.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 16 – paragraph 7

7. Distribution tariffs shall reflect the cost of use of the distribution network by system users including active customers, and may be differentiated based on system users’ consumption or generation profiles. Where Member States have implemented the deployment of smart metering systems, regulatory authorities may introduce time differentiated network tariffs, reflecting the use of the network, in a transparent and foreseeable and cost efficient way for the consumer. Regulatory authorities should also assess the need to introduce more capacity-based network tariffs where these can provide for a more efficient system use.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 16 – paragraph 9 – introductory part

9. By [OP: please add specific date – ~~three months~~one year after entry into force] the Agency shall provide a recommendation addressed to regulatory authorities on the progressive convhergence of transmission and distribution tariff methodologies. That recommendation shall address at least:

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 18 – paragraph 1

1. Member States shall ~~monitor~~conduct an assessment of resource adequacy within their territory ~~based on~~taking into account system interconnectivity and the data from the European resource adequacy assessment pursuant to Article 19.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 18 – paragraph 2

2. Where the ~~European~~national resource adequacy assessment ~~identifies a resource adequacy~~(taking into account system interconnectivity and the data from the resource adequacy assessment) reveals a concern, Member States shall identify any regulatory distortions that caused or contributed to the emergence of the concern.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 18 – paragraph 3

3. ~~Member States shall publish a timeline for adopting measures to eliminate any identified regulatory distortions.~~ When addressing resource adequacy concerns Member States shall ~~in particular~~ consider removing regulatory distortions, enabling scarcity pricing, developing interconnection, energy storage, demand side measures and energy efficiency.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 21 – paragraph 1

1. ~~Mechanisms other than strategic reserves shall be open to direct participation of~~Where it is technically possible, capacity mechanisms shall be open to direct cross-border participation with other Member States, provided there is a direct network connection between those Member States and the bidding zone applying the mechanism. In such cases, direct cross-border participation shall be open to capacity providers located in ~~ano~~ther Member State ~~provided t~~s concerned and, where this ~~a network~~ is not possible, to interconnection ~~between~~s with thate Member State ~~and the bidd~~implementing ~~zon~~the cap~~plying the~~acity mechanism.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 21 – paragraph 2

2. Member States shall ensure that eligible foreign capacity capable of providing equivalent technical performance to domestic capacities has the opportunity to participate in the same competitive process as domestic capacity.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 21 – paragraph 4

4. Cross-border participation in ~~market-wide~~ capacity mechanisms shall not change, alter or otherwise impact cross- zonal schedules and physical flows between Member States which shall be determined solely by the outcome of capacity allocation pursuant to Article 14.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 21 – paragraph 5

5. Capacity providers shall be able to participate in more than one mechanism for the same delivery period. They shall be subject to non-availability payments in case of non-availability, ~~and subject to two or more non-availability payments where there is concurrent scarcity in two or more bidding zones where the capacity provider is contracted~~or if they are unable to fulfil their commitments overall.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 21 – paragraph 6

6. ~~Regional operational centres established pursuant to Article 32 shall annually~~Where capacity mechanisms are implemented, transmission system managers shall help the regulatory authorities concerned to calculate the maximum entry capacity available for the participation of foreign capacity taking into account the expected availability of interconnection and the likely concurrence of system stress between the system where the mechanism is applied and the system in which the foreign capacity is located. A calculation is required for each bidding zone border.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 21 – paragraph 8

8. Any difference in the cost of foreign capacity and domestic capacity arising through the allocation referred to in paragraph 7 shall accrue to transmission system operators and be shared between them according to the methodology referred in point (b) of paragraph 10revenue arising for transmission system managers from the allocation referred to in paragraph 7 shall be shared among them according to a methodology approved by the regulatory authority of the Member State in which the capacity mechanism is implemented after it has considered the opinions of the regulatory authorities of the neighbouring Member States. Transmission system operators shall use such revenues for the purposes set out in Article 17(2).

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 21 – paragraph 9 – introductory part

9. T~~he t~~ransmission system operators where the foreign capacity is located shall:

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 21 – paragraph 9 – point a

(a) establish whether interested capacity providers can provide the technical performance as required by the capacity mechanism in which the capacity provider intends to participate and register the capacity provider in the registry as eligible capacity providers.Does not affect the English version.)

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 21 – paragraph 9 – point b

(~~b) carry out availability checks as appropriate.~~Does not affect the English version.)

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 21 – paragraph 10 – subparagraph 1 – point a

(a) ~~a methodology for calculat~~principles for assessing the maximum entry capacity for cross-border participation as referred to in paragraph 6;

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 21 – paragraph 10 – subparagraph 1 – point b

~~(b) a methodology for sharing the revenues referred to in paragraph 8;~~deleted

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 21 – paragraph 10 – subparagraph 1 – point c

(c) common ruprinciples tofor carrying out the availability checks referred to in point (b) of paragraph 9;

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 21 – paragraph 10 – subparagraph 1 – point d

(d) common ruprinciples tofor determineing when a non-availability payment is due;

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 21 – paragraph 10 – subparagraph 1 – point f

(f) common ruprinciples tofor identifying capacity eligible to participate as referred to in point (a) of paragraph 9.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 21 – paragraph 11

11. The Agency shall verify whether the capacities have been calculated in line with the ~~methodology a~~principles referred to in point (a) of paragraph 10.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 23 – paragraph 5

5. Where ~~the European resource adequacy assessment has not identified a resource adequacy concern, Member States shall not apply capacity mechanism~~a Member States wishes to establish a capacity mechanism, it must show that it is consistent with the resource adequacy assessments, especially as regards the justification for this.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 51 – paragraph 1 – point f

(f) participation in the recommendation, the proposal, the elaboration of network codes and guidelines pursuant to Article 55.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 51 – paragraph 2 – point e a (new)

(e a) Cooperate with ENTSO for electricity in the elaboration of the non- binding community-wide ten-year network development plan.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 55 – paragraph 2

2. The Commission shall, after consulting the Agency, the ENTSO for Electricity ~~and~~, the EU DSO entity for electricity as well as the other relevant stakeholders, establish a priority list every three years, identifying the areas set out in paragraph 1 to be included in the development of network codes following a thorough cost-benefit analysis. If the subject-matter of the network code is directly related to the operation of the distribution system and less relevant for the transmission system, the Commission may require the EU DSO entity for electricity instead of the ENTSO for Electricity to convene a drafting committee and submit a proposal for a network code to the agency.

2017/09/25
Committee: ITRE