28 Amendments of Paul RÜBIG related to 2009/0108(COD)
Amendment 72 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) In order to increase security of natural gas supply, it is also necessary to make provision for strategic supplies of natural gas to be maintained in the Member States. On account of the priority assigned to market-based instruments, these supplies should be maintained using public-private partnerships.
Amendment 86 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure the highest level of preparedness in case of supply disruption, Emergency Plans should be established by all natural gas undertakings together with the Competent Authoritiethe Competent Authorities, after consultation of the natural gas undertakings. Such plans should be mutually consistent. Their content should follow best practices among existing plans and should define clear roles and responsibilities for all concerned natural gas undertakings and Competent Authorities. Joint emergency plans at regional level, should be established where possible and necessary.
Amendment 92 #
Proposal for a regulation
Recital 28
Recital 28
(28) The Gas Coordination Group, established by Directive 2004/67/EC of 26 April 2004 concerning the measures to safeguard security of natural gas supply, should act as adviser to the Commission when it is considering whether a Community emergency exists and to facilitate the coordination of security of supply measures in the case of a Community emergency. It should also monitor the adequacy and appropriateness of measures to be taken according to this Regulation.
Amendment 95 #
Proposal for a regulation
Recital 29
Recital 29
(29) This Regulation aims at empowering natural gas undertakings and Competent Authorities of the Member States to ensure that the internal gas market works effectively for as long as possible in the case of a supply disruption, prior to measures being taken by Competent Authorities to address the situation in which the market alone can no longer deliver the required gas supplies. Such exceptional measures should be fully compliant with CommunityUnion rules and should be notified to the Commission and to the Gas Coordination Group.
Amendment 104 #
Proposal for a regulation
Recital 30
Recital 30
(30) Since gas supplies from third countries are central to the security of gas supply of the Community, the CommissionUnion, in the event of a Union Emergency the Commission, after consultation of the Gas Coordination Group, should coordinate the actions with regard to third countries, working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the CommunityUnion. The Commission, after consultation of the Gas Coordination Group, should be entitled to deploy a task force to monitor gas flows in crisis situations within and, in consultation with the third countries involved, outside the CommunityUnion and, where a crisis arises due to difficulties in a third country, to assume a mediation and facilitation role.
Amendment 123 #
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
(1) "protected customers" means all household customers already connected to a gas distribution network and the power stations, cogeneration plants and district heating plants relevant to guaranteed supply, and, if the Member State concerned so decides, can also include small and medium-sized enterprises, schools and hospitals provided that they are already connected to a gas distribution network;
Amendment 129 #
Proposal for a regulation
Article 2 – point 2
Article 2 – point 2
(2) “Competent Authority” means the national regulatory authority or national governmental authority designated by the Member States to be responsible for security of gas supply and/or the national regulatory authority. This is without prejudice to the choice of Member States to allocate certain tasks in this Regulation to other authorities than the Competent Authority. These tasks shall be performed under the supervision of the Competent Authority and shall be specified in the plans referred to in Article 4. The national governmental authority shall retain the lead role.
Amendment 131 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Security of gas supply is a shared task of the natural gas undertakings, Competent Authorities of the, Member States, the industrial gas customers, and the CommissionCommission and, where appropriate, customers other than protected customers, within their respective areas of responsibility. It requires a high degree of cooperation between them.
Amendment 156 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a 1. Member States shall be required to establish a strategic natural gas supply covered by public-private partnerships for a 60-day period by (12 months after the entry into force of this Regulation). 2. The costs of maintaining the stocks shall be borne by the respective natural gas importers and producers and passed on to the final consumer.
Amendment 164 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. By [31 March 2011; 12 months from entry into force] at the latest, the Competent Authority, after consultation of the natural gas undertakings, of the relevant organisations representing the interests of household and industrial customers and of the regulatory authority, where it is not the Competent Authority, shall establish:
Amendment 167 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
Where the regulatory authority is not the Competent Authority, the regulatory authority shall be formally involved in the processes of establishing the Preventive Action Plan and the Emergency Plan. The Competent Authority shall take utmost account of the assessments made by the regulatory authority insofar as they refer to network-related regulatory issues in particular concerning the development of the impact assessment regarding the fulfilment of infrastructure standards according to Article 6 with regards to future approval of tariffs and the consistency with network development plans.
Amendment 180 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. During the process mentioned in paragraph 2 the Commission may recommend at which regional level the exchange of information and consultations shall take place. The Commission, after consultation of the European Network of Transmission System Operators for Gas ("ENTSO-G") and the Agency for the Cooperation of Energy Regulators ("ACER"), may also recommend the establishment of a joint Plan at regional level, establishing the regions in the light of the infrastructure relevant to the security of natural gas supply.
Amendment 201 #
Proposal for a regulation
Article 4 – paragraph 6 – subparagraph 1
Article 4 – paragraph 6 – subparagraph 1
6. Within six months after the notification of the Plans by the Competent Authorities, the Commission shall assess the Plans of all Member States. The Commission shall consult ENTSO-G, ACER, the Gas Coordination Group and other concerned stakeholders on those plans. Where the Commission considers that a Plan is not effective to mitigate the risks as identified in the risk assessment or inconsistent with the risk scenarios or the Plans of other Member States, or that it does not comply with the provisions of this Regulation or other provisions of Community law, it shall require the revision of the Pinconsistent with the risk scenarios or the Plans of other Member States, it may call upon the Member States concerned to coordinate their plans.
Amendment 266 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The transmission system operators shall enable permanent physical capacity to transport gas in both directions on all interconnections within two years from the entry into force of this Regulation, except in cases where at the request of a Competent Authority, the Commission decides thatwhere the addition of a bi-directional flow capacity would not enhance thes security of supply of anyin the Member State. Such decision mays in an economically viable manner. A Commission decision to this effect taken at the request of the Competent Authority shall be previewed if circumstances changeceded by a technical feasibility study and a cost- benefit analysis. The level of the bi- directional flow capacity shall be reached in a cost efficient way and at least take into account the capacity required to meet the supply standard set in Article 7. Within that two year period, the gas transmission system operator shall adapt the functioning of the transmission system as a whole so as to enable bi-directional gas flows.
Amendment 275 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. National Regulatory Authorities shall take into accountintroduce appropriate incentives and include all the costs of efficiently fulfilling the N-1infrastructure standard and the costs of enabling the economic permanent physical capacity to transport gas in both directions in their approval of tariffs or methodologies, and exempt these costs from efficiency benchmarks, in line with Article 41 (8) of Directive […/…2009/73/EC]. In the case of costs incurred in more than one Member State, or in one Member State for the exclusive benefit of other Member States the national regulatory authorities of all Member States concerned shall jointly decide on the cost allocation. Article 8(1) of Rregulation (EC) No …/…715/2009 shall apply.
Amendment 311 #
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. Consumers not benefiting from the supply standard of this Article shall, within the framework of the liberalised market, be appropriately remunerated, for any incurred losses caused by gas supply disruptions.
Amendment 320 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
b) taking into account all relevant national and regional circumstances, including the use of gas to supply electricity and district heating to protected customers;
Amendment 329 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The natural gas undertakings, the relevant organisations representing the interests of household and industrial customers including relevant power generators, Member States and the regulatory authority, where it is not the Competent Authority, shall cooperate with the Competent Authority and provide all necessary information for the risk assessmentnd impact assessment. Such provision of information shall respect confidentiality requirements for commercially sensitive data.
Amendment 339 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The risk and impact assessment shall be repeated every two years before 30 September of that year.
Amendment 342 #
Proposal for a regulation
Article 9 – paragraph 1 – point 2
Article 9 – paragraph 1 – point 2
(2) Define the role and responsibilities of the natural gas undertakings and of the industrial customers, andtaking account of the different extents to which they are affected in the event of gas supply disruptions and after performing a transparent cost-benefit analysis, and define their interaction with the Competent Authority and where appropriate with the regulatory authority;
Amendment 358 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. The Emergency Plan shall also identify the necessary measures and actions to be taken in case of an Emergency to mitigate the impact of a gas supply disruption on the supply of electricity and district heat to protected customers.
Amendment 361 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Competent Authority shall immediately inform the Commission and the Gas Coordination Group and provide ithem with all the necessary information when it declares any of the crisis levels. In the event of an eEmergency which may result in a call for assistance from the EU and its Member States the Competent Authority of the Member State concerned shall without delay notify the Commission’s Civil Protection Monitoring and Information Centre.
Amendment 385 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission, after consulting the Gas Coordination Group, may declare a Community Emergency at the request of one Competent Authority or when the Community loses more than 120% of its daily gas import from third countries as calculated by ENTSO-G. It shall declare a Community Emergency where more than one Competent Authority has declared Emergency following the verification in accordance with Article 9(6). It may, in so far as the lost gas imports cannot already be compensated for by market mechanisms. It may, at the request of a Competent Authority and after consulting the Gas Coordination Group, declare a Community Emergency for specifically affected geographical regions comprising more than one Member State.
Amendment 415 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
4. When the Commission considers that in a CommunityUnion Emergency, an action taken by a Competent Authority or natural gas undertakings is inappropriate to deal with the Emergency, or that it seriously endangers the situation in another Member State, the Commission, after duly taking into account the opinion of the Gas Coordination Group, shall require the Competent Authority or natural gas undertaking to change its action.
Amendment 433 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A Gas Coordination Group is established to facilitate the coordination of measures concerning the security of supply. The Group shall be composed of representatives of the Competent Authorities, the national regulatory authorities where they are not part of the Competent Authorities, ACER, ENTSO-G and representative bodies of the industry concernedgas and electricity industry and relevant customers. The Commission shall decide on the composition of the Group ensuring its representativity and shall chair the Group. The Group shall establish its rules of procedure.
Amendment 441 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. The Gas Coordination Group shall assistcooperate with the Commission in particular on issues related to:
Amendment 453 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Commission shall convene the Gas Coordination Group on ashall hold regular basimeetings.
Amendment 490 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a The production facilities required to maintain supplies (power stations, refineries, gas storage facilities, etc.) must be enabled to operate with as little hindrance as possible in order to guarantee supplies of natural gas, electricity and heat. The prescribed limit values may be exceeded to an extent to be defined. Modification of the conditions imposed by water legislation shall be permitted to an extent yet to be determined. In this context, dangers to the environment shall be avoided.