77 Amendments of Françoise GROSSETÊTE related to 2016/0379(COD)
Amendment 110 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) market rules shall deliver appropriate investment incentives for generation, in particular long-term investments in low-carbon generation, storage, energy efficiency and demand response to meet market needs and thus ensure security of supply;
Amendment 114 #
Proposal for a regulation
Article 3 – paragraph 1 – point n
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 eliminate 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.
Amendment 140 #
Proposal for a regulation
Article 5 – paragraph 9
Article 5 – paragraph 9
9. The procurement of upward balancing capacity and downward balancing capacity shall be carried out separately. The contracting shall be performed for not longer than one day before the provision of the balancing capacity and the contracting period shall have a maximum of one day. Each TSO may submit a proposal to the competent regulatory authority requesting the exemption to the procurement rules according to this paragraph. The request for exemption shall include: (a) specification of the time period during which the exemption would apply; (b) specification of the volume of balancing capacity for which the exemption would apply; (c) analysis of the impact of such an exemption on the participation of balancing resources; (d) and justification for the exemption demonstrating that such an exemption would lead to higher economic efficiency.
Amendment 146 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a Forward instruments hedging generation investments In the framework of the freedom given to the electricity market participants to develop forward hedging products pursuant to Article 8(3), investors in new or refurbished generation, storage or demand response facilities shall be allowed to conclude contracts whose maturity is related to the lifetime of the installations concerned.
Amendment 147 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 150 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. By way of derogation from paragraph 1, until [OP: two years after entry into force] mMarket operators may apply limits on maximum clearing prices for day-ahead and intraday timeframes in accordance with Articles 41 and 54 of Regulation (EU) 2015/1222. In the event that limits are, or are anticipated to be, reached, they shall be raised for the following dallowing an automatic procedure developed by the Nominated Electricity Market Operators and approved by the competent authority.
Amendment 225 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 a (new)
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).
Amendment 254 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point b
Article 17 – paragraph 2 – subparagraph 1 – point b
(b) maintaining or increasing interconnection capacities through network investments, in particular in new interconnectorcoordinated remedial actions and/or network investments.
Amendment 256 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
If the revenues cannot be efficiently used for the purposes set out in points (a) or (b) of the first subparagraph, they shall be placed on a separate internal account line for future use on these purposesas a residual option, they may be used, subject to approval by the regulatory authorities of the Member States concerned, up to a maximum amount to be decided by those regulatory authorities, as income to be taken into account by the regulatory authorities when approving the methodology for calculating network tariffs and/or fixing network tariffs. Regulatory authorities may only approve this option in cases where the transmission system operator takes a commitment decision to undertake all interconnector projects that have a positive net benefit and has a balance sheet that is sufficient to finance these investments. The rest of revenues shall be placed on a separate internal account line until such time as it can be spent on the purposes set out in points (a) and/or (b) of the first subparagraph. The regulatory authority shall inform the Agency of the approval referred to in the second subparagraph.
Amendment 256 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Administrative Board shall be composed of nine members. Each member shall have an alternate. Two members and their alternates shall be appointed by the Commission, two members and their alternates shall be appointed by the European Parliament and five members and their alternates shall be appointed by the Council. No Member of the European Parliament shall be a member of the Administrative Boardmembers from the Board of Regulators.
Amendment 257 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Transmission system operators shall clearly establish beforehand how any congestion income will be used, and report on the actual use of that income. On an annual basis, and by 31 July each year, the national regulatory authorities shall publish a report setting out the amount of revenue collected for the 12-month period ending on 30 June of the same year and how that revenue was used, including the specific projects the income has been used for or the amount placed on a separate account line, or the amount that has been used when calculating network tariffs, together with verification that that use complies with this Regulation and the methodology developed. In such cases where some of the congestion revenues are used when calculating network tariffs, the report may set out the fulfilment by the TSO of the commitment and balance sheet criteria pursuant to paragraph 32.
Amendment 258 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall monitor resource adequacy within their territory based on the European resource adequacy assessment pursuant to Article 19 and on a national and regional assessment where appropriate.
Amendment 262 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where the EuropeanIf the national resource adequacy assessment identifies a resource adequacy concerndiffers from the European assessment, Member States shall identify any regulatory distortions that caused or contributed to the emergence of the concernliver a report explaining the differences stemming from national considerations.
Amendment 267 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Decisions of the Administrative Board shall be adopted on the basis of a simpletwo thirds majority of the members present, unless provided otherwise in this Regulation. Each member of the Administrative Board or alternate shall have one vote.
Amendment 270 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The European resource adequacy assessment shall cover the overall adequacy of the electricity system to supply current and projected demands for electricity for a ten-year period from the date of that assessment, in a yearly resolution.
Amendment 276 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) market rules shall deliver appropriate investment incentives for generation, in particular long-term investments in low-carbon generation, storage, energy efficiency and demand response to meet market needs and thus ensure security of supply;
Amendment 276 #
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
Amendment 279 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. When applying capacity mechanisms Member States shall have a reliability standard in place indicating their desired level of security of supply in a transparent manner.
Amendment 284 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Mechanisms other than strategic reserveCapacity mechanisms shall be open to direct participation of capacity providers located in another Member State provided there is a network connection between that Member State and the bidding zone applying the mechanism.
Amendment 285 #
Proposal for a regulation
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
Amendment 300 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1
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.
Amendment 307 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 a – point (c) (new)
Article 22 – paragraph 1 – subparagraph 1 a – point (c) (new)
(c) one non-voting representative of the European Parliament.
Amendment 308 #
Proposal for a regulation
Article 3 – paragraph 1 – point n
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 eliminate 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.
Amendment 312 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Board of Regulators and sub- committees pursuant to Article 7 shall act by a simpletwo-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 .
Amendment 314 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Where the European resource adequacy assessment has not identified a resource adequacy concern, Member States shall notMember States shall take into consideration the result of the European resource adequacy assessment when deciding to apply capacity mechanisms.
Amendment 318 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. All market participants shall aim for system balance and shall be financially responsible for imbalances they cause in the system. They shall either be balance responsible parties or delegate their responsibility to a balance responsible party of their choice.
Amendment 329 #
Proposal for a regulation
Article 32 – title
Article 32 – title
Establishment and mission of regional opercoordinational centres
Amendment 333 #
Proposal for a regulation
Article 33 – paragraph 1 – point c
Article 33 – paragraph 1 – point c
(c) the size of the region, which shall cover at least one capacity calculation region;
Amendment 336 #
Proposal for a regulation
Article 23 – paragraph 5 – point b
Article 23 – paragraph 5 – point b
Amendment 338 #
Proposal for a regulation
Article 34 – paragraph 1 – point e
Article 34 – paragraph 1 – point e
Amendment 340 #
Amendment 342 #
Proposal for a regulation
Article 34 – paragraph 1 – point g
Article 34 – paragraph 1 – point g
Amendment 342 #
Proposal for a regulation
Article 23 – paragraph 5 – point d a (new)
Article 23 – paragraph 5 – point d a (new)
(da) appoint the Director in accordance with Article 24(2) and where relevant extend their term of office or remove them from office.
Amendment 346 #
Amendment 350 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Director shall be appointed by the Administrative Board following a favourable opinBoard of Regulators, after confirmation ofby the Board of RegulatorsEuropean 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 BoardBoard 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 BoardBoard of Regulators;
Amendment 351 #
Proposal for a regulation
Article 34 – paragraph 1 – point k
Article 34 – paragraph 1 – point k
Amendment 354 #
Proposal for a regulation
Article 34 – paragraph 1 – point l
Article 34 – paragraph 1 – point l
Amendment 355 #
Amendment 357 #
Proposal for a regulation
Article 34 – paragraph 1 – point n
Article 34 – paragraph 1 – point n
Amendment 359 #
Proposal for a regulation
Article 34 – paragraph 1 – point o
Article 34 – paragraph 1 – point o
Amendment 361 #
Proposal for a regulation
Article 34 – paragraph 1 – point p
Article 34 – paragraph 1 – point p
Amendment 363 #
Proposal for a regulation
Article 34 – paragraph 1 – point q
Article 34 – paragraph 1 – point q
Amendment 365 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Commission mayEach regional coordination centre should aim to develop the following functions: (a) coordination and optimisation of regional restoration; (b) post-operation adnd other functions to the regional operational centres, not involving decision making power, pursuant to Chapter VII of this Regulation. post-disturbance analysis and reporting; (c) facilitation of the regional dimension of capacity reserves; (d) facilitation of the regional procurement of balancing capacity; (e) optimisation of compensation mechanisms between transmission system operators; (f) training and certification; (g) identification of regional crisis scenarios according to Article 6(1) of [Regulation on risk preparedness as proposed by COM(2016) 862] if this task is delegated by ENTSO for electricity; (h) tasks related to the identification of regional crisis scenarios if and to the extent they are delegated to the regional coordination centres pursuant to Article 6(1) of [Regulation on risk preparedness as proposed by COM(2016) 862]; (i) tasks related to the seasonal adequacy outlooks if and to the extent they are delegated to the regional operational centres pursuant to Article 9(2) of [Regulation on risk preparedness as proposed by COM(2016) 862];
Amendment 367 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
Amendment 374 #
Proposal for a regulation
Article 39 – title
Article 39 – title
Revision of decisions and recommendations
Amendment 375 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Regional opercoordinational centres shalland transmission system operators shall jointly develop a procedure for the revision of decisions and recommendations.
Amendment 387 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. The sizing of reserve capacity shall be performed at regional level in accordance with point 7 of Annex I. Regional operational centres shall support transmission system operators in determining the amount of balancing capacity that needs to be procuredmay be facilitated, when appropriate and based on national specificities, at regional level in accordance with point 87 of Annex I.
Amendment 389 #
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Regional operational centres shall submit to the Agency and to the regulatory authorities of the system operation region the data resulting from their continuous monitoring at least annually. The regional coordination centres shall publish an annual report explaining how their recommendations have been implemented. The report should provide details of cases where operators have departed from the recommendations and of the justifications they have provided.
Amendment 392 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. The procurement of balancing capacity shallmay be facilitated on a regionalcross- border level ion accordance with point 8 of Annex I voluntary basis and grounded on the Electricity Balancing Guideline provisions. The procurement shall be based on a primary market and organised in such a way as to be non- discriminatory between market participants in the prequalification process individually or through aggregation subject to technical constraints inherent in managing networks.
Amendment 399 #
Proposal for a regulation
Article 5 – paragraph 9
Article 5 – paragraph 9
9. The procurement of upward balancing capacity and downward balancing capacity shall be carried out separately. The contracting shall be performed for not longer than one day before the provision of the balancing capacity and the contracting period shall have a maximum of one day. Each TSO may submit a proposal to the competent regulatory authority requesting the exemption to the procurement rules according to this paragraph. The request for exemption shall include: (a) specification of the time period during which the exemption would apply; (b) specification of the volume of balancing capacity for which the exemption would apply; (c) analysis of the impact of such an exemption on the participation of balancing resources; (d) and justification for the exemption demonstrating that such an exemption would lead to higher economic efficiency.
Amendment 456 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a Forward instruments hedging generation investments In the framework of the freedom given to the electricity market participants to develop forward hedging products pursuant to Article 8(3), investors in new or refurbished generation, storage or demand response facilities shall be allowed to conclude contracts whose maturity is related to the lifetime of the installations concerned.
Amendment 457 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 471 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. By way of derogation from paragraph 1, until [OP: two years after entry into force] mMarket operators may apply limits on maximum clearing prices for day-ahead and intraday timeframes in accordance with Articles 41 and 54 of Regulation (EU) 2015/1222. In the event that limits are, or are anticipated to be, reached, they shall be raised for the following dallowing an automatic procedure developed by the Nominated Electricity Market Operators and approved by the competent authority.
Amendment 521 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) demonstration projects for innovative technologies with an installed electricity capacity of less than 500kW.
Amendment 677 #
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4 a. Where the relevant Member States fail to come to a unanimous decision within the permitted timeframe, or where the Member States become aware of the fact that commitments on which a previous unanimous decision was based were not complied with, they shall immediately notify the Commission, which shall amend or maintain the bidding zone configuration within six months of that notification, after a thorough evaluation of all the issues at stake, together with an assessment of all available solutions on an equal basis .
Amendment 777 #
Proposal for a regulation
Article 16 – paragraph 9 – introductory part
Article 16 – paragraph 9 – introductory part
9. By [OP: please add specific date – three months after entry into force] the Agency shall provide a recommendation addressed to regulatory authorities on the progressive convergence of transmission and distribution tariff methodologies. That recommendation shall address at leastdefine a publication template to favour transparency in the setting and structure of transmission tariffs. The template shall address at least the following minimum publication requirements regarding tariff charges:
Amendment 795 #
Proposal for a regulation
Article 16 – paragraph 10
Article 16 – paragraph 10
10. Without prejudice to further harmonisation by way of delegated acts pursuant to Article 55(1)(k), regulatory authorities shall take the Agency's recommendation duly into consideration when approving or fixing transmission tariffs orBy six months after entry into force, and afterwards every two years, the national regulatory authority or the competent transmission system operators, as decided by the national regulatory authority, shall publish information according to the Minimum Publication Requirements Template, their methodologies in accordance with Article 59(6)(a) of [recast of Directive 2009/72/EC as proposed by COM(2016) 864/2]y and all cost information for calculating the respective network tariffs.
Amendment 797 #
Proposal for a regulation
Article 16 – paragraph 11
Article 16 – paragraph 11
Amendment 804 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point b
Article 17 – paragraph 2 – subparagraph 1 – point b
(b) maintaining or increasing interconnection capacities through network investments, in particular in new interconnectorcoordinated remedial actions and/or network investments.
Amendment 810 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
If the revenues cannot be efficiently used for the purposes set out in points (a) or (b) of the first subparagraph, they shall be placed on a separate internal account line for future use on these purposes. as a residual option, they may be used, subject to approval by the regulatory authorities of the Member States concerned, up to a maximum amount to be decided by those regulatory authorities, as income to be taken into account by the regulatory authorities when approving the methodology for calculating network tariffs and/or fixing network tariffs. Regulatory authorities may only approve this option in cases where the transmission system operator takes a commitment decision to undertake all interconnector projects that have a positive net benefit and has a balance sheet that is sufficient to finance these investments. The rest of revenues shall be placed on a separate internal account line until such time as it can be spent on the purposes set out in points (a) and/or (b) of the first subparagraph. The regulatory authority shall inform the Agency of the approval referred to in the second subparagraph.
Amendment 831 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Transmission system operators shall clearly establish beforehand how any congestion income will be used, and report on the actual use of that income. On an annual basis, and by 31 July each year, the national regulatory authorities shall publish a report setting out the amount of revenue collected for the 12-month period ending on 30 June of the same year and how that revenue was used, including the specific projects the income has been used for or the amount placed on a separate account line, or the amount that has been used when calculating network tariffs, together with verification that that use complies with this Regulation and the methodology developed. In such cases where some of the congestion revenues are used when calculating network tariffs, the report may set out the fulfilment by the TSO of the commitment and balance sheet criteria pursuant to paragraph 32.
Amendment 939 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. When applying capacity mechanisms Member States shall have a reliability standard in place indicating their desired level of security of supply in a transparent manner.
Amendment 962 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Mechanisms other than strategic reserveCapacity mechanisms shall be open to direct participation of capacity providers located in another Member State provided there is a network connection between that Member State and the bidding zone applying the mechanism.
Amendment 1079 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. Generation capacity for which a final investment decision has been made after [OP: entry into force] shall only be eligible to participate in a capacity mechanism if its emissions are below 55600 gr CO2/kWh. Generation capacity emitting 55600 gr CO2/kWh or more shall not be committed in capacity mechanisms 510 years after the entry into force of this Regulation.
Amendment 1097 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Where the European resource adequacy assessment has not identified a resource adequacy concern, Member States shall notMember States shall take into consideration the result of the European resource adequacy assessment when deciding to apply capacity mechanisms.
Amendment 1151 #
Proposal for a regulation
Article 32 – title
Article 32 – title
Establishment and mission of regional operational centrescoordination centres (This amendment applies throughout the text.Adopting it will necessitate corresponding changes throughout.)
Amendment 1198 #
Proposal for a regulation
Article 34 – paragraph 1 – point h
Article 34 – paragraph 1 – point h
Amendment 1207 #
Proposal for a regulation
Article 34 – paragraph 1 – point l
Article 34 – paragraph 1 – point l
(l) training and certification;
Amendment 1220 #
Proposal for a regulation
Article 34 – paragraph 1 – point q
Article 34 – paragraph 1 – point q
Amendment 1265 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 1275 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. Regional operational centres shall adopt recommendations addressed to the transmission system operators for the functions referred to in points (c) to (f) and (h) to (pq) of Article 34(1).
Amendment 1278 #
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
4. The regulatory authorities of a system operation region may jointly decide to grant binding decision-making powers to the regional operational centre for one or more of the functions provided for in points (ca) to (f) and (h) to (l) of Article 34(1)q) of Article 34(1). This decision shall define precisely for such functions the respective responsibilities of regional coordination centres and of transmission system operators, in particular in cases when the safety of the system could be negatively affected.
Amendment 1287 #
Proposal for a regulation
Article 39 – title
Article 39 – title
Revision of decisions and recommendations
Amendment 1289 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Regional opercoordinational centres shalland transmission system operators shall jointly develop a procedure for the revision of decisions and recommendations.
Amendment 1295 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
Amendment 1300 #
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
4. Where the measure subject to revision is a recommendation in accordance with Article 38(3) and following its revision a transmission system operator decides to deviate from the recommendation, the transmission system operator shall submit a detailed justification to the regional opercoordinational centre and to the other transmission system operators of the system operation region. This justification shall be publicly disclosed soon after declining the recommendation.
Amendment 1468 #
Proposal for a regulation
Article 55 – paragraph 1 – point k
Article 55 – paragraph 1 – point k