32 Amendments of Patrizia TOIA related to 2016/0030(COD)
Amendment 195 #
Proposal for a regulation
Recital 11
Recital 11
(11) Responsibility for security of gas supply should be shared by natural gas undertakings, Member States, acting through their competent authorities; and the Commission, within their respective remits. Such shared responsibility requires very close cooperation between these parties. However, customers using gas for electricity generation or industrial purposes may also have an important role to play in security of gasboth gas and electric supply, as they can respond to a crisis by taking demand-side measures such as interruptible contracts and fuel switching, which have an immediate impact on the supply/demand balance.
Amendment 201 #
Proposal for a regulation
Recital 14
Recital 14
(14) Regulation (EU) No 994/2010 requires transmission system operators to enable permanent bi-directional capacity on all cross-border interconnections unless an exemption has been granted from this obligation. It aims to ensure that the possible benefits of permanent bi- directional capacity are always taken into account when a new interconnector is planned. However, bi-directional capacity can be used to supply gas both to the neighbouring Member State and to others along the gas supply corridor. The benefits for security of supply of enabling permanent bi-directional capacity thus need to be seen in a broader perspective, in a spirit of solidarity and enhanced cooperation. A cost-benefit analysis that takes account of the whole transportation corridor should therefore be conducted when considering whether to implement bi- directional capacity. The competent authorities should accordingly be required to re-examine the exemptions granted under Regulation (EU) 994/2010 on the basis of the results of the regional risk assessments.
Amendment 210 #
Proposal for a regulation
Recital 17
Recital 17
(17) A regional approach to assessing risks and defining and adopting preventive and mitigating measures enables efforts to be coordinated, bringing significant benefits in terms of the effectiveness of measures and optimisation of resources. This applies particularly to measures designed to guarantee a continued supply, under very demanding conditions, to protected customers, and to measures to mitigate the impact of an emergency. Assessing correlated risks at regional level, taking both gas and electricity systems into account, which is both more comprehensive and more precise, will ensure that Member States are better prepared for any crises. Moreover, in an emergency, a coordinated and pre-agreed approach to security of supply ensures a consistent response and reduces the risk of negative spill-over effects that purely national measures could have in neighbouring Member States. As preparation for a coordinated and pre- agreed approach, it is important that Member States, have also assessed and implemented the cost-effective demand reduction measures available in their areas, especially for the reduction of heating and cooling demand in buildings, but also by improving industrial processes using gas. The regional approach should not lift the responsibility from individual Member States to comply with their national security of supply standards, and should not prevent inter-regional cooperation outside the regions established in Annex I of this Regulation.
Amendment 213 #
Proposal for a regulation
Recital 17
Recital 17
(17) A flexible regional approach to assessing risks and defining and adopting preventive and mitigating measures enables efforts to be coordinated, bringing significant benefits in terms of the effectiveness of measures and optimisation of resources. This applies particularly to measures designed to guarantee a continued supply, under very demanding conditions, to protected customers, and to measures to mitigate the impact of an emergency. Assessing correlated risks at regional level, which is both more comprehensive and more precise, will ensure that Member States are better prepared for any crises, including where appropriate through membership of more than one region, where such regions are to be established in accordance with specific risks identified in national risks assessments. Moreover, in an emergency, a coordinated and pre-agreed approach to security of supply ensures a consistent response and reduces the risk of negative spill-over effects that purely national measures could have in neighbouring Member States.
Amendment 218 #
Proposal for a regulation
Recital 18
Recital 18
(18) The regions are to be defined, as far as possible, on the basis of existing regional cooperation structures set up by the Member States and the Commission, in particular the regional groups set up under Regulation (EU) 347/2013 on guidelines for trans-European energy infrastructure17 (the TEN-E Regulation). However, since this Regulation and the TEN-E Regulation have different aims, the respective regional groups may differ in size and design, also depending on the entity and the nature of the supply disruption. __________________ 17 Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulation (EC) No 713/2009, (EC) 714/2009 and (EC) No 715/2009 (OJ EU L 115 of 25.4.2013, p. 39).
Amendment 227 #
Proposal for a regulation
Recital 19
Recital 19
(19) For the purpose of this Regulation, the following criteria should therefore be taken into account when defining the regional groups: supply patterns, existing direct and indirect interconnections across a third country, existing and planned interconnections and interconnection capacity between Member States, market development and maturity, existing regional cooperation structures, and the number of Member States in a region, which should be limited to ensure that the group remains of a manageable size.
Amendment 228 #
Proposal for a regulation
Recital 19
Recital 19
(19) For the purpose of this Regulation, the following criteria should therefore be taken into account when defining the regional groups: supply patterns, existing and planned interconnections and, interconnection capacity between Member States, existing interconnections across non-EU States, market development and maturity, existing regional cooperation structures, and the number of Member States in a region, which should be limited to ensure that the group remains of a manageable size.
Amendment 237 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to make the regional cooperation feasible, Member States should establish a cooperation mechanism within each region and in order to consider potential benefits from confining regions. Such mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans at regional level. Member States are free to agree on a cooperation mechanism best suited for a given region. The Commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies. In absence of an agreement on the cooperation mechanism, the Commission may propose a suitable cooperation mechanism for a given region.
Amendment 255 #
Proposal for a regulation
Recital 23
Recital 23
(23) To ensure maximum preparedness, so as to avoid a supply disruption and mitigate its effects should it nevertheless occur, the competent authorities of a given region must draw up preventive action plans and emergency, after consulting stakeholders. Regional plans should take accountbe defined on the basis of the specific characteristics of each Member State. They should also clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities. National measures to be designed should take fully account of the regional measures set out in the preventive action plan and emergency plan. They should be so designed as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation. The plans should be technical and operational in nature, their function being to help prevent the occurrence or escalation of an emergency and to mitigate its effects. The plans should take the security of electricity systems into account and be consistent with the Energy Union's strategic planning and reporting tools.
Amendment 295 #
Proposal for a regulation
Recital 36
Recital 36
(36) As demonstrated by the October 2014 stress test, solidarity is needed to ensure security of supply across the Union and to keep overall costs to a minimum. If an emergency is declared in any Member State, a two-step approach should be applied to strengthen solidarity. Firstly, all Member States which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid. Secondly, if the first step fails to provide the necessary supply, further measures by neighbouring Member States that are interconnected directly, or indirectly through a third country, even if not in an emergency situation, should be triggered to ensure the supply to households, essential social services and district heating installations in the Member State experiencing the emergency. Member States should identify and describe the details of these solidarity measures in their emergency plans, ensuring fair and equitable compensation of the natural gas undertakings.
Amendment 298 #
Proposal for a regulation
Recital 36
Recital 36
(36) As demonstrated by the October 2014 stress test, solidarity is needed to ensure security of supply across the Union and to keep overall costs to a minimum. If an emergency is declared in any Member State, a two-step approach should be applied to strengthen solidarity. Firstly, all Member States which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid. Secondly, if the first step fails to provide the necessary supply, further measures by neighbouring Member States, even those indirectly interconnected through a non EU country and even if not in an emergency situation, should be triggered to ensure the supply to households, essential social services and district heating installations in the Member State experiencing the emergency. Member States should identify and describe the details of these solidarity measures in their emergency plans, ensuring fair and equitable compensation of the natural gas undertakings.
Amendment 314 #
Proposal for a regulation
Recital 39
Recital 39
(39) Completing the internal energy market will create a level playing field, ensuring that all energy supply contracts throughout the Union are based on market prices and competition rules. In March 2015, the European Council concluded that gas supply contracts with suppliers from third countries should be made more transparent and compatible with the Union energy security provisions. In this context an efficient and targeted mechanism for Member States' access to key gas supply contracts should ensure a comprehensive assessment of relevant risks that can lead to a supply disruption or interfere with the necessary mitigating measures should a crisis nevertheless occur. Under that mechanism certain key gas supply contracts should be automatically notified, immediately after their conclusion, to the Member States. However, any obligation to notify a contract automatically needs to be proportionate. Applying this obligation to contracts between a supplier and a buyer covering 40% of the national market strikes the right balance in terms of administrative efficiency and lays down clear obligations for market participants. This does not mean that other gas supply contracts are not relevant to security of supply. Accordingly, Member States should have the right to request other contracts which might negatively affect security of supply of a Member State or region or of the Union as a whole. The Commission should have the same access to the gas supply contracts as Member States, given its role in assessing the consistency and effectiveness of the preventive action plans and emergency plans to address risks to security of supply at national, regional and EU level. The Commission may call on the Member States to amend the plans so as to take account of the information obtained from the contracts. The confidentiality of commercially sensitive information should be ensured. Improved Commission access to information on commercial contracts should not affect the Commission's ongoing efforts to monitor the gas market under Regulation No. 1227/2011 or other regulatory frameworks at European and national level, and the Commission should intervene if violations of the Union law are identified. The provisions of this Regulation should be without prejudice to the right of the Commission to launch infringement proceedings in accordance with Article 258 of the Treaty on the Functioning of the European Union (TFEU) and to enforce competition rules, including swith regard to State aid,.
Amendment 333 #
Proposal for a regulation
Recital 44
Recital 44
(44) The Member States acting on their own cannot satisfactorily achieve the objective of this Regulation, namely to guarantee a secure gas supply within the Union. Given the scale or effects of the action, it is better achieved at Union level. The Union may therefore adopt measures, with respect to national requirements in terms of security of supply and in accordance with the principle of subsidiarity set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective.
Amendment 373 #
Proposal for a regulation
Article 2 – subparagraph 2 – point 2
Article 2 – subparagraph 2 – point 2
(2) ‘essential social service' means a healthcare, emergency or security service, power plants which are essential to national electricity security of supply;
Amendment 395 #
Proposal for a regulation
Article 3 – paragraph 7 – point b
Article 3 – paragraph 7 – point b
(b) existing andinterconnections which directly or indirectly pass through a non- EU Member State, planned interconnections and interconnection capacity between Member States as well as the supply patterns;
Amendment 396 #
Proposal for a regulation
Article 3 – paragraph 7 – point b
Article 3 – paragraph 7 – point b
(b) existing and planned interconnections and, interconnection capacity between Member States, existing interconnections across non-EU States as well as the supply patterns;
Amendment 398 #
Proposal for a regulation
Article 3 – paragraph 7 – point d
Article 3 – paragraph 7 – point d
Amendment 473 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The competent authorities of each region as listed in Annex I shall jointly make an assessment at regional level of all risks affecting the security of gas supply. The assessment shall take into account all relevant risks such as natural disasters, technological, geopolitical, environmental, climate, commercial, social, political and other risks. The risk assessment shall be carried out by:
Amendment 645 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. During an emergency and on reasonable grounds, a Member State may decide to prioritise the gas supply to certain critical gas-fired power plants over the supply to certain categories of protected consumers. The measure shall be based on the risk assessment provided for in Article 6 and shall only apply where the lack of gas supply to such critical gas- fired power plants would significantly deteriorate or impede supply of either the remaining gas or electricity to protected consumers as a result of severe damages in the functioning of the electricity system. Such critical gas-fired plants shall be identified by the transmission system operators of the electricity system in coordination with the transmission system operators of the gas system.
Amendment 650 #
Proposal for a regulation
Article 10 – paragraph 4 – point b
Article 10 – paragraph 4 – point b
(b) no measures are introduced that are likely to endanger seriously the gas or electricity supply situation in another Member State; and
Amendment 673 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where a Member State has declared the emergency crisis level in accordance with Article 10(1), and when such Member States have proved that all measures described in its emergency plan have been used, and that the technical, legal and commercial terms defined in the solidarity agreement in the emergency plan have been met, any increased supply standard or additional obligation imposed on natural gas undertakings in other Member States under Article 5(2) with interconnected systems shall be temporarily reduced to the level established in Article 5(1).
Amendment 682 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
As long as the supply to households, essential social services and district heating installations in the Member State having declared the emergency is not satisfied, despite the application of the measure in paragraph 1, the gas supply to customers other than households, essential social services and district heating installations in any other Member State, directly connectedlinked to one another or indirectly connected via a third country to the Member State which declared the emergency, shall not continue to the extent necessary to supply the households, essential social services and district heating installations in the Member States having declared the emergency.
Amendment 702 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The technical, legal and financial arrangements for the application of paragraph 3 shall be agreed among the Member States which are directly connected to each other and described in the emergency plans of their respective regions, and after consulting natural gas undertakings. Such arrangements mayshall cover, among others, gas prices to be applied, use of interconnectors, including guaranteed bi-directional capacity, gas volumes and the coverage of, gas prices to be applied and the compensation mechanism to be implemented in order to refund the overall costs incurred because of the interruption of gas supplies, with a detrimental effect on the electricity sector. ACER should act as a facilitator in calculating compensation costs. Market- based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3. In case the technical, legal and financial arrangements necessary to apply paragraph 3 are amended, the relevant emergency plan shall be updated accordingly.
Amendment 705 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The technical, legal and financial arrangements for the application of paragraph 3 shall be agreed among the Member States which are, directly or indirectly through a non-EU member states, connected to each other and described in the emergency plans of their respective regions. Such arrangements mayshall cover, among others, gas prices to be applied, use of interconnectors, including bi-directional capacity, gas volumes and the coverage of compensation costs for interrupted customers and gas undertakings. Market-based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3. In case the technical, legal and financial arrangements necessary to apply paragraph 3 are amended, the relevant emergency plan shall be updated accordingly.
Amendment 725 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. In duly justified circumstances irrespective of a declaration of emergency, the competent authority may require natural gas undertakings to provide the information referred to in paragraph 1 or additional information necessary to assess the overall situation of the gas supply in the Member State or other Member States, including contractual information. The Commission may request from the competent authorities the information provided by natural gas undertakings.
Amendment 742 #
Proposal for a regulation
Article 13 – paragraph 6 – point b
Article 13 – paragraph 6 – point b
(b) to the competent authority and to the Commission immediately after their conclusion or modification the gas supply contracts with a duration of more than 1 year concluded or modified after [OP: Please insert the date of entry in force of this Regulation] that individually or cumulatively with other contracts with the same supplier or its affiliates provide more than 40% of yearly natural gas consumption in the Member State concerned. The notification obligation shall not apply to the modifications related only to the gas price. The notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract. The national regulatory authorities shall monitor the market supply structure and inform the relevant natural gas undertakings once the 40% threshold is exceeded.
Amendment 805 #
Proposal for a regulation
Annex I – paragraph 2 – indent 1
Annex I – paragraph 2 – indent 1
- North West: Belgium, France, Luxembourg, The Netherlands, United Kingdom and Ireland;
Amendment 807 #
Proposal for a regulation
Annex I – paragraph 2 – indent 2
Annex I – paragraph 2 – indent 2
- North-South Western Europe: Belgium, France, Luxembourg, Spain, The NetherlandsFrance, Spain and Portugal;
Amendment 809 #
Proposal for a regulation
Annex I – paragraph 2 – indent 2 a (new)
Annex I – paragraph 2 – indent 2 a (new)
- Central-South: France, Italy, Germany, Austria, Slovenia;
Amendment 810 #
Proposal for a regulation
Annex I – paragraph 2 – indent 3
Annex I – paragraph 2 – indent 3
- Southern Gas Corridor East: Bulgaria, Greece, Hungary and Romania;
Amendment 811 #
Proposal for a regulation
Annex I – paragraph 2 – indent 4
Annex I – paragraph 2 – indent 4
- Central-East: Austria, Croatia, Czech Republic, Germany, Poland and Slovakia;
Amendment 813 #
Proposal for a regulation
Annex I – paragraph 2 – indent 5
Annex I – paragraph 2 – indent 5