BETA

48 Amendments of Paul RÜBIG related to 2016/0379(COD)

Proposal for a regulation
Recital 9

(9) The decarbonisation of the electricity sector, with renewable energy becoming a major part of the market, is a core objective of the Energy Union. As the Union moves towards the decarbonisation of the electricity sector and increasing penetration of renewable energy sources, it is crucial that the market removes existing barriers to cross-border trade and encourages investments into supporting infrastructure, for example, more flexible generation, interconnection, demand response and storage. In order to facilitate the roll-out of energy storage solutions, the Member States should take steps to remove out-dated taxation provisions that lead to double-taxation. To support this shift to variable and distributed generation, and to ensure that energy market principles are the basis for the Union's electricity markets of the future, a renewed focus on short- term markets and scarcity pricing is essential.

2017/09/25
Committee: ITRE

Proposal for a regulation
Recital 10

(10) Short-term markets will improve liquidity and competition by enabling more resources to participate fully in the market, especially those that are more flexible. Effective scarcity pricing will encourage market participants to be available when the market most needs it and ensures that they can recover their costs in the wholesale market. It is therefore critical to ensure that, as far as possible, administrative and implicit price caps are removed to allow scarcity prices to increase up to the value of lost load. When fully embedded in the market structure, short-term markets and scarcity pricing will contribute to the removal of other measures, such as capacity mechanisms, to ensure security of supply. At the same time, scarcity pricing without price caps on the wholesale market should not jeopardize the possibility for reliable and stable prices for final customers, in particular households ~~and SMEs~~, SMEs and industry.

2017/09/25
Committee: ITRE

Proposal for a regulation
Recital 14

(14) To efficiently steer necessary investments, prices also need to provide signals where electricity is most needed. In a zonal electricity system, correct locational signals require a coherent, objective and reliable determination of bidding zones via a transparent process. In order to ensure efficient operation and planning of the Union electricity network and to provide effective price signals for new generation capacity, demand response, energy storage or transmission infrastructure, bidding zones should reflect structural congestion. In particular, cross- zonal capacity should not be reduced in order to resolve internal congestion.

2017/09/25
Committee: ITRE

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

(b) setting fundamental principles for well-functioning, integrated electricity markets, which allow non-discriminatory market access for all resource providers and electricity customers, empower consumers, enable demand response and energy efficiency, facilitate aggregation of distributed demand and supply, ~~and contribute to the decarbonisation of the~~recognizing energy storage as a separate asset class besides generation, distribution/ transmission and consumption as well as contribute to the achievement of a cost-efficient low- carbon economy by enabling market integration and market-based remuneration of electricity generated from renewable sources;

2017/09/25
Committee: ITRE

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

(d) market participation of consumers and small businesses shall be enabled by aggregation of generation or energy storage from multiple generation and energy storage facilities or load from multiple demand facilities, energy storage capacity from multiple facilities, to provide joint offers on ~~the~~organised electricity markets and be jointly operated in the electricity system, subject to compliance with EU treaty rules on competition;

2017/09/25
Committee: ITRE

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

(e) market rules shall support the decarbonisation of the economy by enabling the integration of electricity from renewable energy sources including energy storage and providing incentives for energy efficiency;

2017/09/25
Committee: ITRE

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

(i) all generation, storage and demand resources shall participate on equal footing in the market, while being allowed to bid towards different services;

2017/09/25
Committee: ITRE

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

(l) market rules shall enable the efficient dispatch of generation assets, energy storage and demand response;

2017/09/25
Committee: ITRE

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

(m) market rules shall allow for entry and exit of electricity generation, energy storage and electricity supply undertakings based on their assessment of the economic and financial viability of their operations;

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 2

2. Balancing markets shall be organised in such a way as to ensure effective non-discrimination between market participants taking account of the different technical capability of generation from variable renewable sources and demand side response and storage. All generation, storage and demand resources shall participate on equal footing in the market.

2017/09/25
Committee: ITRE

Proposal for a regulation
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 including energy storage that needs to be procured in accordance with point 8 of Annex I.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 8

8. The procurement of balancing capacity including energy storage shall be facilitated on a regional level in accordance with point 8 of Annex I. 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.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 3

3. Market operators shall be free to develop products and trading opportunities that suit market participants' demand and needs and ensure that all market participants are able to access the market individually or through aggregation. They shall respect the need to accommodate increasing shares of variable generation including energy storage as well as increased demand and energy storage responsiveness and the advent of new technologies.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 9 – paragraph 1

1. There shall be no maximum limit of the wholesale electricity price unless it is set at the value of lost load as determined in accordance with Article 10. ~~There shall be no minimum limit of the wholesale electricity price unless it is set at a value of minus 2000 € or less and, in the event that i~~In case of markets being strongly interconnected, the level of technical price limits should be the same across all markets and bidding zones in order to avoid market dis tor ~~anticipated to be reached, set at a lower value for the following day~~tions. There shall be no minimum limit of the wholesale electricity price. This provision shall apply, inter alia, to bidding and clearing in all timeframes and include balancing energy and imbalance prices.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 11 – paragraph 1

1. Dispatching of power generation facilities, energy storage facilities and demand response shall be non- discriminatory and market based unless otherwise provided under paragraphs 2 to 4.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 11 – paragraph 2 – introductory part

2. When dispatching electricity generating or energy storage installations, transmission system operators shall give priority to generating or energy storage installations using renewable energy sources or high-efficiency cogeneration from small generating installations or generating installations using emerging technologies to the following extent:

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 11 – paragraph 2 – point a

(a) generating or energy storage installations using renewable energy sources or high- efficiency cogeneration with an installed electricity capacity of less than 500 kW; or

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1

Where the total capacity of generating or energy storage installations subject to priority dispatch under paragraph 2 is higher than 15 % of the total installed generating capacity in a Member State, point (a) of paragraph 2 shall apply only to additional generating installations using renewable energy sources or high- efficiency cogeneration with an installed electricity capacity of less than 250 kW.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1

Where the total capacity of generating or energy storage installations subject to priority dispatch under paragraph 2 is higher than 15 % of the total installed generating capacity in a Member State, point (a) of paragraph 2 shall apply only to additional generating installations using renewable energy sources or high- efficiency cogeneration with an installed electricity capacity of less than 250 kW.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 11 – paragraph 4

4. Generating or energy storage installations using renewable energy sources or high- efficiency cogeneration which have been commissioned prior to [OP: entry into force] and have, when commissioned, been subject to priority dispatch under Article 15(5) of Directive 2012/27/EU of the European Parliament and of the Council or Article 16(2) of Directive 2009/28/EC of the European Parliament and of the Council35 shall remain subject to priority dispatch. Priority dispatch shall no longer be applicable from the date where the generating or energy storage installation is subject to significant modifications, which shall be the case at least where a new connection agreement is required or the generation or storage capacity is increased. _________________ 35 Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, p. 16).

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 12 – paragraph 2

2. The resources curtailed or redispatched shall be selected amongst generation , energy storage, and/or demand response facilities submitting offers for curtailment or redispatching using market- based mechanisms and be financially compensated. Non-market- based curtailment or redispatching of generation or redispatching of energy storage and/or demand response shall only be used where no market-based alternative is available, where all available market-based resources have been used, or where the number of generation, energy storage or demand facilities available in the area where suitable generation, energy storage or demand facilities for the provision of the service are located is too low to ensure effective competition. The provision of market-based resources shall be open to all generation technologies, storage and demand response, including operators located in other Member States unless technically not feasible.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 12 – paragraph 3

3. The responsible system operators shall report at least once per year to the competent regulatory authority on curtailment or downward redispatching of generating, energy storage or demand- response installations using renewable energy sources or high-efficiency cogeneration and on measures taken to reduce the need for such curtailment or downward redispatching in the future. Curtailment or redispatching of generating installations using renewable energy sources, energy storage, demand- response or high-efficiency cogeneration shall be subject to compensation pursuant to paragraph 6.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 12 – paragraph 4 – point a

(a) guarantee the capability of transmission and distribution networks to transmit electricity produced from renewable energy sources, energy storage, demand-response or high- efficiency cogeneration with minimum possible curtailment or redispatching. That shall not prevent network planning from taking into account limited curtailment or redispatching where this is shown to be more economically efficient and does not exceed 5 % of installed capacities using renewable energy sources, energy storage, demand-response or high- efficiency cogeneration in their area;

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 12 – paragraph 4 – point b

(b) take appropriate grid and market- related operational measures in order to minimise the curtailment or downward redispatching of electricity produced from renewable energy sources, energy storage, demand-response or high- efficiency cogeneration.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 12 – paragraph 5 – point a

(a) generating installations using renewable energy sources as well as energy storage facilities shall only be subject to downward redispatching or curtailment if no other alternative exists or if other solutions would result in disproportionate costs or risks to network security;

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 12 – paragraph 5 – point b

(b) generating installations using high- efficiency cogeneration as well as energy storage facilities shall only be subject to downward redispatching or curtailment if, other than curtailment or downward redispatching of generating installations using renewable energy sources, no other alternative exists or if other solutions would result in disproportionate costs or risks to network security;

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 12 – paragraph 5 – point c

(c) self-generated electricity from generating installations using renewable energy sources, energy storage, demand- response or high-efficiency cogeneration which is not fed into the transmission or distribution network shall not be curtailed unless no other solution would resolve network security issues;

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 12 – paragraph 6 – introductory part

6. Where non-market based curtailment or redispatching is used, it shall be subject to financial compensation by the system operator requesting the curtailment or redispatching to the owner of the curtailed or redispatched generation, energy storage or demand facility. Financial compensation shall at least be equal to the highest of the following elements:

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 12 – paragraph 6 – point b

(b) 90 % of the net revenues from the sale of electricity on the day-ahead market that the generating, energy storage or demand facility would have generated without the curtailment or redispatching request. Where financial support is granted to generating or demand facilities based on the electricity volume generated, stored or consumed, lost financial support shall be deemed part of the net revenues.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 13 – paragraph 4

4. The transmission system operators participating in the bidding zone review shall submit a proposal to the Commission and Member States of the capacity calculation region regarding whether to amend or maintain the bidding zone configuration. Based on that proposal, in case there is no agreement between Member States in the capacity calculation region, the Commission shall adopt a decision whether to amend or maintain the bidding zone configuration, by clearly highlighting the issue at stake combined with an assessment of all available solutions on an equal basis, [no later than 6 months after entry into force of this Regulation, specific date to be inserted by OP] or by six months after the conclusion of the bidding zone configuration launched in accordance with points (a), (b) or (c) of Article 32(1) of Regulation (EU) 2015/1222, whichever comes later.

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~~Grid tariffs should not include unrelated costs supporting other policy objectives, such as taxes and levies, ats th~~e distribution level and~~is would cause distortions in decision on production, con~~nected at the transmission level, either positively or negatively. They shall not discriminate against~~sumption and investment. They shall not discriminate against energy storage, particularly not double charging 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 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, energy storage 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 way for the consumer.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 16 – paragraph 9

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 least: (a) the ratio of tariffs applied to producers and to consumers; (b) the costs to be recovered by tariffs; (c) time differentiated network tariffs; (d) locational signals; (e) the relationship between transmission and distribution tariffs, including principles relating to non-discrimination; (f) methods to ensure transparency in the setting and structure of tariffs; (g) groups of network users subject to tariffs, including tariff exemptions.deleted

2017/09/25
Committee: ITRE

Proposal for a regulation
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 or their methodologies in accordance with Article 59(6)(a) of [recast of Directive 2009/72/EC as proposed by COM(2016) 864/2].

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 16 – paragraph 11

11. The Agency shall monitor the implementation of its recommendation and provide a report to the Commission by 31st January each year. It shall update the recommendation at least once every two years.deleted

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 18 – paragraph 2

2. Where the European resource adequacy assessment identifies a resource adequacy concern Member States shall identify any market failures and/or regulatory distortions that caused or contributed to the emergence of the concern.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 21 – paragraph 1

1. MAll capacity mechanisms other than strategic reserves 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.

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. Capacity providers are allowed to participate with no more than their available maximum capacity.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 23 – paragraph 3

3. Capacity mechanisms shall not create un~~necessary~~due market distortions and not limit cross-border trade. The amount of capacity committed in the mechanism shall not go beyond what is necessary to address the concern.

2017/09/25
Committee: ITRE

Proposal for a regulation
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 550 gr CO2/kWh. If combined heat and power is used, both, the heat and power output have to be considered in the calculation of the specific emissions. Generation capacity emitting 550 gr CO2/kWh or more shall not be committed in capacity mechanisms 5 years after the entry into force of this Regulation.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 25 – paragraph 2

2. In performing its functions under EU law, the ENTSO for Electricity shall act for the European good and independent from individual national interests or the national interests of transmission system operators, and shall contribute to the efficient and sustainable achievement of the objectives set out in the policy framework for climate and energy covering the period from 2020 to 2030, in particular by contributing to the efficient integration of electricity generated from renewable energy sources combined with demand response and energy storage and to increases in energy efficiency.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 31 – paragraph 3

3. For the purposes of achieving the goals set in paragraphs 1 and 2 of this Article, the geographical area covered by each regional cooperation structure may be defined by the Commission, taking into account existing regional cooperation structures. Each Member State shall be allowed to promote cooperation in more than one geographical area. The Commission is empowered to adopt delegated acts in accordance with Article 63 concerning the geographical area covered by each regional cooperation structure. For that purpose, the Commission shall consult the Agency and the ENTSO for Electricity.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 38 – paragraph 2

2. Regional ~~oper~~coordinational centres shall ~~adopt binding~~have the competence to adopt decisions addressed to the transmission system operators in respect of the functions referred to in points (a)~~, (b), (g)~~ and (qb) of Article 34(1). ~~Transmission system operators shall implement the binding decisions issued by the regional operational centres except in cases when the safety of the system will be negatively affected.~~

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 47 – paragraph 5

~~5. The market participants concerned shall provide the transmission system operators with the relevant data.~~deleted

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 47 – paragraph 6

6. Generation undertakings which own or operate generation assets, where at least one generation asset has an installed capacity of at least 250 MW, or which have a portfolio comprising at least 400 MW of generation assets, shall keep at the disposal of the national regulatory authority, the national competition authority and the Commission, for five years all hourly data per plant that is necessary to verify all operational dispatching decisions and the bidding behaviour at power exchanges, interconnection auctions, reserve markets and over-the-counter-markets. The per- plant and per hour information to be stored shall include, but shall not be limited to, data on available generation capacity and committed reserves, including allocation of those committed reserves on a per-plant level, at the times the bidding is carried out and when production takes place.deleted

2017/09/25
Committee: ITRE

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

(c) development of demand response and energy storage;

2017/09/25
Committee: ITRE

(p a) Energy storage

2017/09/25
Committee: ITRE