23 Amendments of Thomas ULMER related to 2009/0108(COD)
Amendment 23 #
Proposal for a regulation
Citation 1
Citation 1
Having regards to the Treaty establishon the Functioning of the European CommunityUnion, and in particular Article 95122 thereof,
Amendment 24 #
Proposal for a regulation
Recital 8
Recital 8
(8) The failure of the largest single gas infrastructure or gas supply source, the so- called N-1 principle, is a realistic scenario. Using the failure of such infrastructure or supply source as a benchmark of what Member States should be able to compensate is a valid starting point for ensuring their security of gas supply.
Amendment 25 #
Proposal for a regulation
Recital 10
Recital 10
(10) Investments in new gas infrastructure should be strongly promoted. They should enhance the security of gas supply while ensuring the proper functioning of the internal market in natural gas. Investments should as a matter of fundamental principle be made by undertakings and be based on economic incentives. Where an infrastructure investment is of cross-border nature the Agency for the Cooperation of Energy Regulators established by Regulation (EC) No .../… of the European Parliament and of the Council ("ACER") and the European Network of Transmission System Operators for Gas ("ENTSO-G") should be closely involved in order to take better account of the cross-border implications.
Amendment 28 #
Proposal for a regulation
Recital 17
Recital 17
(17) It is essential for the well-functioning of the market that the necessary investments in indigenous production and infrastructures, such as interconnections, or equipment allowing physical bidirectional flows on pipelines, storage, and LNG re- gasification facilities, are made by the natural gas undertakings in time, bearing in mind possible supply disruptions such as the one that occurred in January 2009.
Amendment 30 #
Proposal for a regulation
Recital 23
Recital 23
(23) To strengthen the solidarity between Member States in the case of a Community Emergency and in particular to support Member States which are exposed to less favourable geographical or geological conditions, Member States should devise specific measures to exercise solidarity, including measures such as commercial agreements between natural gas undertakings, compensation mechanisms, or increased gas exports or increased releases from storages. Solidarity measures may be particularly appropriate between Member States for which the Commission recommends the establishment of joint preventive actions plans or emergency plans at regional level. Commercial agreements between undertakings based on the establishment of joint preventive action plans and emergency plans should be promoted.
Amendment 34 #
Proposal for a regulation
Article 2 – paragraph 2 – point 1
Article 2 – paragraph 2 – point 1
(1) "protected customers" means all household customers already connected to a gas distribution network, 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 36 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Security of gas supply is a task of the natural gas undertakings, Competent Authorities of the Member States, the industrial gas customers, and the Commission within their respective areas of responsibility. It requires a high degree of cooperation between them. Regarding the handling of a major gas supply disruption, this Regulation provides for a system based on a three-stage approach. During the first stage, it is individual undertakings or groups of undertakings that respond to the disruption of supply; if that proves insufficient, Member States should take measures to remedy the supply disruption. Only if the measures taken at stages one and two seem unlikely to succeed should appropriate measures be taken at Community level. Preferential consideration should be given to regional cross-border solutions.
Amendment 37 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission shall coordinate the Competent Authorities at the Community level through the Gas Coordination Group in particular in the case of a Community EmergencyGas Coordination Group shall take charge of cooperation at Community level pursuant to Article 11, in particular in a Community Emergency. In the event of a Community Emergency, the Gas Coordination Group shall convene a crisis management group pursuant to Article 10(3). The Member States concerned shall appoint the participants.
Amendment 39 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Before adopting those Plans the Competent Authorities shall exchange information and consult each other and the Commission to ensure that their Plans and measures are mutually consistent at the appropriate regional level. These consultations shall cover, as a minimum, interconnections, cross-border supplies, storage across borders and the physical capacity to transport gas in both directions. In the course of them, the confidentiality of commercially sensitive information shall be safeguarded.
Amendment 41 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. During the process mentioned in paragraph 2 the CommissionGas Coordination Group may recommend at which regional level the exchange of information and consultations shall take place. The CommissionGas Coordination Group, 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.
Amendment 43 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Competent Authority shall publish its Plans, including amended versions according to paragraph 6, and notify them to the CommissionGas Coordination Group without delay.
Amendment 44 #
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 assessreview the Plans of all Member States. The Commission shall consult in consultation with ACER, ENTSO-G, ACER, the Gas Coordination Group and other parties concerned stakeholders on those plans. Where the Commission. Where the Commission and the Gas Coordination Group 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, ithey shall jointly require the revision of the Plan. Within six months after notification of the Commission's request, the Competent Authority concerned shall amend its Plan and notify the amended Plan to the Commission or shall set out to the Commission why it does not agree with the request. In this case the Commission may amend or withdraw its request. If within two months the Commission decides not to amend or withdraw its request, the Competent Authority shall comply with the Commission's request within three months after notification of the Commission's decision.
Amendment 45 #
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 twohree years from the entry into force of this Regulation, except in cases where at the request of a Competent Authority, the Commissionies decides that the addition of al bi- directional flow capacity would not enhance the security of supply of any Member Statein the Member States concerned would not enhance compliance with the n-1 standard. Such decision may be reviewed if circumstances change. 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 twohree 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 48 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. By [30 September 2010; 6 months after entry into force] each Competent Authority shall fully assess the risks affecting the security of gas supply in its Member State by:
Amendment 50 #
Proposal for a regulation
Article 9 - paragraph 3
Article 9 - paragraph 3
3. The national Emergency Plan shall ensure that cross-border access to the storage facilities is maintained also in case of emergency. The Emergency Plan shall not introduce any measure unduly restricting the flow of gas across the borders.
Amendment 51 #
Proposal for a regulation
Article 9 - paragraph 4
Article 9 - paragraph 4
4. The Competent Authority shall immediately inform the Commission and provide it with all the necessary information when it declares any of the crisisthe alert or emergency levels. In the event of an emergency 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 52 #
Proposal for a regulation
Article 9 - paragraph 5
Article 9 - paragraph 5
5. When the Competent Authority declares an Emergency it shall follow the pre- defined actions as defined in its Emergency Plan and shall immediately inform the Commission in particular of the actions it intends to take according to Article 9(1). The Commission mayshall convene the Gas Coordination Group.
Amendment 54 #
Proposal for a regulation
Article 10 - paragraph 1
Article 10 - paragraph 1
1. The Commission may declare a Community Emergency at theupon 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 declare a Community Emergency for specifically affected geographical regions comprising more than one Member State.
Amendment 58 #
Proposal for a regulation
Article 10 - paragraph 6
Article 10 - paragraph 6
6. In a Community Emergency, the Member States shall ensure that cross- border access to the storage facilities is maintained in accordance with commercial agreements and shall not introduce any legal provisions which unduly restrict the flows of gas to the affected markets.
Amendment 59 #
Proposal for a regulation
Article 10 - paragraph 7
Article 10 - paragraph 7
Amendment 60 #
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, ACER, ENTSO-G and representative bodies of the industry concerned and relevant customers. The CommissionMember States 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 61 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. The Gas Coordination Group shall assdviste the Commission in particular on issues related to:
Amendment 63 #
Proposal for a regulation
Annex III – paragraph 1 – introductory part
Annex III – paragraph 1 – introductory part
In developing the Preventive and Emergency Plans the Competent Authority shall consider the contribution of the following measures only in the case of an Emergency, taking into account the following non-exhaustive list of measures: