32 Amendments of András GYÜRK related to 2011/0300(COD)
Amendment 127 #
Proposal for a regulation
Recital 7
Recital 7
(7) Despite its legal existence as defined in Directives 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas , the internal market in energy remains fragmented due to the insufficient interconnections between national energy networks. Union-wide integrated networks however are vital for and to the sub- optimal utilisation of the existing energy infrastructure as a result of inadequate implementation of these policies by Member States. Strict national implementation of the rules and the existence of well functioning, Union-wide integrated networks however are vital for achieving the optimal utilisation of infrastructure assets and ensuring a competitive and well functioning integrated market for promoting growth, employment and sustainable development.
Amendment 146 #
Proposal for a regulation
Recital 15
Recital 15
(15) The identification of projects of common interest should be based on common, transparent and objective criteria in view of their contribution to the energy policy objectives. For electricity and gas, proposed projects should be part of the latest available ten-year network development plan. This plan should notably take account of the conclusions of the 4 February European Council with regard to the need to integrate peripheral energy markets.
Amendment 156 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Union-wide list of projects of common interest should be limited to projects which contribute the most to the implementation of the strategic energy infrastructure priority corridors and areas. This requires the decision on the list to be taken by the Commission considering the results of the cost-benefit analyses, while respecting the right of the Member States to approve projects of common interest related to their territory. According to analysis carried out in the accompanying impact assessment, the number of such projects is estimated at some 100 in the field of electricity and 50 in the field of gas.
Amendment 172 #
Proposal for a regulation
Recital 26
Recital 26
(26) The assessment of the costs and benefits of an infrastructure project on the basis of a harmonised methodology for energy system-wide analysis, in the framework of the ten-year network development plans prepared by the European Networks of Transmission System Operators according to Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks , and reviewed by the Agency on the Cooperation of Energy Regulators according to Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators , should be the basis for the discussion on the appropriate allocation of costs.
Amendment 185 #
Proposal for a regulation
Recital 30
Recital 30
(30) Projects of common interest in the fields of electricity, gas, oil and carbon dioxide should be eligible to receive Union financial assistance for studies and, under certain conditions, for works under the proposed Regulation for a Connecting Europe Facility (CEF Regulation), either in the form of grants or in the form of innovative financial instruments. This will ensure tailor-made support can be provided to those projects of common interest which are not viable under the existing regulatory framework and market conditions. Such financial assistance should ensure the necessary synergies with funding from instruments under other Union policies. In particular, the Connecting Europe Facility will finance energy infrastructure of European relevance, while Structural Funds will finance smart energy distribution networks of local or regional importance. The two sources of funding will thereby complement each other.
Amendment 251 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. For electricity and gas projects falling under the categories set out in points 1 and 2 of Annex II, the Agency shall submit, within two months from the date of receipt of the proposed lists of projects of common interest set out in the first subparagraph of paragraph 4, an opinion to the Commission on the proposed lists of projects of common interest, in particular taking into account the consistent application of the criteria set out in Article 4 across the Groups, and the results of the analysis carried out by the ENTSOs for Electriccost-benefity and Gas in accordance with point 2.6 of Annex IIIalysis.
Amendment 261 #
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Following the Commission decision for adoption referred to in paragraph 1, projects of common interest shall become an integral part of the relevant Union-wide ten-year network development plan developed by the ENTSOs for Electricity and Gas pursuant Article 8 of Regulations (EC) 714/2009 and (EC) 715/2009, of the relevant regional investment plans pursuant Article 12 of Regulations (EC) No 714/2009 and (EC) No 715/2009 and of the relevant national ten-year network development plans pursuant Article 22 of Directives 72/2009/EC and 73/2009/EC and other national infrastructure plans concerned, as appropriate. The projects of common interests shall be accompanied by cost-benefit analyses and shall be conferred the highest possible priority within each of these plans.
Amendment 291 #
Proposal for a regulation
Article 4 – paragraph 2 – point a – indent 1
Article 4 – paragraph 2 – point a – indent 1
– market integration, competition and, system flexibility and liquidity of the market;
Amendment 303 #
Proposal for a regulation
Article 4 – paragraph 2 – point b – indent 1
Article 4 – paragraph 2 – point b – indent 1
– market integration, interoperability and, system flexibility and liquidity of the market;
Amendment 308 #
Proposal for a regulation
Article 4 – paragraph 2 – point b – indent 2
Article 4 – paragraph 2 – point b – indent 2
– security of supply, inter alia through diversification of supply sources, supplying counterparts and routes, reverse flows;
Amendment 311 #
Proposal for a regulation
Article 4 – paragraph 2 – point b – indent 3
Article 4 – paragraph 2 – point b – indent 3
– competition, inter alia through diversification of supply sources, supplying counterparts and routes, reverse flows;
Amendment 366 #
Proposal for a regulation
Article 5 – paragraph 3 – point a a (new)
Article 5 – paragraph 3 – point a a (new)
(aa) the actual capital expenditure compared to the planned investment costs;
Amendment 371 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Within three months of the receipt of the annual reports, the Agency shall submit to the Groups a consolidated report for the projects of common interest falling under the categories set out in points 1 and 2 of Annex II, evaluating the aggregated capital expenditure, the progress achieved and proposing, where appropriate, measures to overcome the delays and difficulties encountered. The evaluation shall also include, in accordance with the provisions of Article 6(8) and (9) of Regulation (EC) No 713/2009, the consistent implementation of the Union- wide network development plans with regard to the energy infrastructure priority corridors and areas set out in Annex I.
Amendment 373 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Each year, the concerned competent authorities referred to in shall, at the meeting following receipt of the annual reports referred to in paragraph 3, report to the respective Group on the status and, where relevant, significant increases in investment costs or delays in the implementation of projects of common interest located on their respective territory.
Amendment 382 #
Proposal for a regulation
Article 5 – paragraph 6 – introductory part
Article 5 – paragraph 6 – introductory part
6. If the commissioning of a project of common interest is delayed by more than two years compared to the implementation plan without sufficient justificationand the delay is attributable to the project promoter:
Amendment 496 #
Proposal for a regulation
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. The competent authorities concerned shall report at the meetings of the Group on the progress of the permit granting procedures concerning projects of common interest.
Amendment 497 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. In the event of an expiry of the time- limit for the comprehensive decision, the competent authority shall present to the competent Group the additional measures taken or to be taken to conclude the permit granting process with the least possible delay. The Group may request the competent authority to report regularly on progress achieved in this regard.
Amendment 518 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Within two weeks of the approval by the Commission, the ENTSO for Electricity and the ENTSO for Gas shall publish the methodology on their websites. They shall transmit the corresponding input data sets as defined in point 1 of Annex V and other relevant network, load flow and market data in a sufficiently accurate form according to national legislations and relevant confidentiality agreements to the Commission and the Agency, upon request. For verification purposes, the Commission or the Agency may request the underlying calculation of the data set to be sent by the ENTSOs for Electricity and Gas. The data shall be valid at the date of the request. The Commission and the Agency shall ensure the confidential treatment of the data received, by themselves and by any party carrying out analytical work for them on the basis of those data.
Amendment 520 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
7. The methodology shall be applied to the cost-benefit analysis under the selection procedure of projects of common interests pursuant to Article 3, under the cross- border allocation of corresponding costs of projects of common interests pursuant to Article 13 and under all subsequent ten- year network development plans for electricity or gas developed by the ENTSOs for Electricity or Gas pursuant to Article 8 of Regulation (EC) 714/2009 and Regulation (EC) 715/2009.
Amendment 542 #
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 1 – point a
Article 13 – paragraph 4 – subparagraph 1 – point a
(a) adetailed cost-benefit analysis concluded by the project promoter or by an accredited independent party appointed by project promoter on the basis of the methodology elaborated pursuant to Article 12; and
Amendment 544 #
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 5 a (new)
Article 13 – paragraph 4 – subparagraph 5 a (new)
The project promoter or the appointed accredited independent party completing the detailed cost-benefit analysis shall submit all data used to calculate the cost- benefit analysis to the Agency, which shall review, evaluate and confirm that the submitted cost-benefit analyses are concluded in objective and neutral way, on the basis of the methodology elaborated pursuant to Article 12.
Amendment 545 #
Proposal for a regulation
Article 13 – paragraph 5 – subparagraph 1
Article 13 – paragraph 5 – subparagraph 1
Within six months of the date on which the last request was received by the last of the national regulatory authorities concerned, the national regulatory authorities shall, after the approval by the Agency of the cost-benefit analysis concluded by the project promoter or the appointed accredited independent party and after consultation of the project promoter(s) concerned, take a joint decision on the allocation of investment costs to be borne by each system operator for that project, as well as their inclusion in network tariffs. The national regulatory authorities may decide to allocate only part of the costs or to allocate costs among a package of several projects of common interest.
Amendment 546 #
Proposal for a regulation
Article 13 – paragraph 5 – subparagraph 2
Article 13 – paragraph 5 – subparagraph 2
In deciding to allocate costs across borders, the results of the cost-benefit analysis on the basis of the methodology elaborated pursuant to Article 12 (e.g. the economic, social and environmental costs and benefits of the project(s) in the Member States concerned) and the possible need for financial support shall be taken into account.
Amendment 618 #
Proposal for a regulation
Article 16 – paragraph 1 – point b a (new)
Article 16 – paragraph 1 – point b a (new)
(ba) the actual costs and the Union-wide impact of projects of common interest;
Amendment 626 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) the main results of the ex-ante cost- benefit analysis on the basis of the methodology elaborated pursuant for the projects of common interest concerned, except for any commercially sensitive information.
Amendment 629 #
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(ca) the ex-post impact assessment which describes the Union-wide impacts of the projects of common interest materialised.
Amendment 736 #
Proposal for a regulation
Annex III – part 2 – point 3
Annex III – part 2 – point 3
Amendment 742 #
Proposal for a regulation
Annex III – part 2 – point 4
Annex III – part 2 – point 4
Amendment 754 #
Proposal for a regulation
Annex III – part 2 – point 6
Annex III – part 2 – point 6
(6) When evaluating proposed electricity and gas projects falling under the categories set out in points 1(a) to (d) and 2 of Annex II, each Group shall, without prejudice to the provisions of point 4, take account of the analysis made, in accordance with the provisions in paragraph 7 of Article 12, for proposed electricity and gas projects falling under the categories set out in points 1(a) to (d) and 2 of Annex II in the latest available ten-year network development plan for gas and electricity, developed by the ENTSOs for Electricity and Gas pursuant Article 8 of Regulations (EC) 714/2009 and (EC) 715/2009results of the concluded cost- benefit analyses.
Amendment 795 #
Proposal for a regulation
Annex V – point 1 – point a
Annex V – point 1 – point a
(a) In electricity: scenarios for demand, generation capacities by fuel type (biomass, geothermal, hydro, gas, nuclear, oil, solid fuels, wind, solar photovoltaic, concentrated solar, other renewable technologies)and their geographical location, fuel prices and calorific values (including biomass, coal, gas and oil), carbon dioxidelignite, gas, oil and relevant oil products), carbon dioxide prices, base and peak load electricity prices, the composition of the transmission and, if relevant, the distribution network, and its evolution, taking into account all new significant generation (including capacity equipped for capturing carbon dioxide), storage and transmission projects for which a final investment decision has been taken and that are due to be commissioned by the end of year n+5;
Amendment 797 #
Proposal for a regulation
Annex V – point 1 – point b
Annex V – point 1 – point b
(b) In gas: scenarios for demand, imports, fuel prices (including coal, gas and oil), carbon dioxideand calorific values (including coal, lignite, gas, oil and relevant oil products), carbon dioxide prices, base and peak-load electricity prices, the composition of the transmission network and its evolution, taking into account the possibility of shale gas development in Europe and all new projects for which a final investment decision has been taken and that are due to be commissioned by the end of year n+5;
Amendment 808 #
Proposal for a regulation
Annex V – point 5
Annex V – point 5
(5) The cost-benefit analysis shall at least take into account the following costs: capital expenditure, operational and maintenance expenditure over the technical lifecycle of the project, personal costs and decommissioning and waste management costs, where relevant. The methodology shall give guidance on discount rates to be used for the calculations.