41 Amendments of Aldo PATRICIELLO related to 2016/0379(COD)
Amendment 161 #
Proposal for a regulation
Recital 27
Recital 27
(27) The medium to long-term resource adequacy assessment (from 10 year-ahead to year-ahead) set out in this regulation has a different purpose than the seasonal outlooks (six months ahead) as set out in Article 9 [Regulation on risk preparedness as proposed by COM(2016) 862]. Medium- to long-term assessments are mainly used to assess the need for capacity mechanismresource adequacy at EU level based on national assessments whereas seasonal outlooks are used to alert to risks that might occur in the following six months that are likely to result in a significant deterioration of the electricity supply situation. In addition, Regional OperCoordinational Centres also carry out regional adequacy assessments as defined in European legislation on electricity transmission system operation. These are very short-term adequacy assessments (from weak-ahead to day- ahead) used in the context of system operation.
Amendment 165 #
Proposal for a regulation
Recital 28
Recital 28
(28) Prior to introducing capacity mechanisms, Member States should assess regulatory and market distortions contributing to the related resource adequacy concern. They should be required to adopt measures to eliminate the identified distortions including a timeline for their implementation. Capacity mechanisms should only be introduced for the residual concerns that cannot be addressed through removing such distortionsdraw up an implementation plan with concrete measures to address the effects of the identified distortions. The implementation plan should be made public and should be regularly reviewed by the Commission and the Agency.
Amendment 168 #
Proposal for a regulation
Recital 30
Recital 30
(30) Main principles of capacity mechanisms should bare laid down, building on the environmental and energy State aid principles and the findings of DG Competition's Sector Inquiry on capacity mechanisms. Capacity mechanisms already in place should be reviewed in light of these principles. In case the European resource adequacy assessment reveals the absence of any adequacy concern, no new capacity mechanism should be established and no new capacity commitments under mechanisms already in place should be madewere approved in light of these principles. The application of the State aid control rules pursuant to Articles 107 to 109 TFUE must be complied with at all times.
Amendment 220 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the proposals for methodologies and calculations related to the European resource adequacy assessment pursuant to Article 19(2), (3) and (5) of [recast Electricity Regulation as proposed by COM(2016) 861/2].
Amendment 230 #
Proposal for a regulation
Article 2 – paragraph 2 – point u
Article 2 – paragraph 2 – point u
(u) 'capacity mechanism' means an administrative market-based measure to ensure the achievement of the desireda Member State’s necessary level of security of supply by remunerating resources for their availability not including measures relating to ancillary services;
Amendment 253 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Administrative Board shall be composed of nineeleven members. Each member shall have an alternate. Two members and their alternates shall be appointed by the Commission, two members and their alternates shall be appointed by the European Parliament, two members and their alternates shall be appointed by the Board of Regulators and five members and their alternates shall be appointed by the Council. No Member of the European Parliament shall be a member of the Administrative Board.
Amendment 254 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Administrative Board shall be composed of nineeleven members. Each member shall have an alternate. Two members and their alternates shall be appointed by the Commission, two members and their alternates shall be appointed by the European Parliament, two members and their alternates shall be appointed by the Board of Regulators and five members and their alternates shall be appointed by the Council. No Member of the European Parliament shall be a member of the Administrative Board.
Amendment 259 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The meetings of the Administrative Board shall be convened by its Chairman. The Chairman of the Board of Regulators or the nominee of the Board of Regulators, and the Director shall participate, without the right to vote, in the deliberations unless the Administrative Board decides otherwise as regards the Director. The Administrative Board shall meet at least twice a year in ordinary session. It shall also meet at the initiative of its Chairman, at the request of the Commission or at the request of at least a third of its members. The Administrative Board may invite any person who may have a relevant opinion to attend its meetings in the capacity of an observer. The members of the Administrative Board may, subject to its rules of procedure, be assisted by advisers or experts. The Administrative Board’s secretarial services shall be provided by the Agency.
Amendment 260 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The meetings of the Administrative Board shall be convened by its Chairman. The Chairman of the Board of Regulators or the nominee of the Board of Regulators, and the Director shall participate, without the right to vote, in the deliberations unless the Administrative Board decides otherwise as regards the Director. The Administrative Board shall meet at least twice a year in ordinary session. It shall also meet at the initiative of its Chairman, at the request of the Commission or at the request of at least a third of its members. The Administrative Board may invite any person who may have a relevant opinion to attend its meetings in the capacity of an observer. The members of the Administrative Board may, subject to its rules of procedure, be assisted by advisers or experts. The Administrative Board’s secretarial services shall be provided by the Agency.
Amendment 272 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Decisions of the Administrative Board shall be adopted on the basis of a simpletwo-thirds majority of the members present, unless provided otherwise in this Regulation. Each member of the Administrative Board or alternate shall have one vote.
Amendment 273 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Decisions of the Administrative Board shall be adopted on the basis of a simpletwo thirds majority of the members present, unless provided otherwise in this Regulation. Each member of the Administrative Board or alternate shall have one vote.
Amendment 283 #
Proposal for a regulation
Article 19 – paragraph 8
Article 19 – paragraph 8
8. The members of the Administrative Board shall undertake to act independently and objectively in the public interest without seeking or following any political instruction. For that purpose, each member shall make a written declaration of commitments and a written declaration of interests indicating either the absence of any interest which may be considered prejudicial to his independence or any direct or indirect interest which might be considered prejudicial to his independence. Those declarations shall be made public annually.
Amendment 298 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
Each year, the Administrative Board shall adopt a programming document containing multi-annual and annual programming, based on a draft put forward by the Director and approved by the Board of Regulators, taking into account the opinion of the Commission and in relation to multiannual programming after consulting the European Parliament. It shall forward it to the European Parliament, the Council and the Commission no later than 31 January each year.
Amendment 302 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
Each year, the Administrative Board shall adopt a programming document containing multi-annual and annual programming, based on a draft put forward by the Director and approved by the Board of Regulators, taking into account the opinion of the Commission and in relation to multi- annual programming after consulting the European Parliament. It shall forward it to the European Parliament, the Council and the Commission no later than 31 January each year.
Amendment 317 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Board of Regulators and sub- committees pursuant to Article 7 shall act by a simpletwo-thirds majority of the members present, with one vote for each member, except for the opinion pursuant to paragraph 5(b) which shall be taken on the basis of a two-thirds majority of its members present.
Amendment 326 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. If markets are not fit for RES, Member States may provide for derogation from balance responsibility in respect of:
Amendment 326 #
Proposal for a regulation
Article 23 – paragraph 5 – point a
Article 23 – paragraph 5 – point a
(a) provide opinions to the Director on the all documents containing opinions, recommendations and decisions referred to in Articles 43 to 141 and 14, 16 and 30, which are considered for adoption. The Board of Regulators may amend the opinions, recommendations and decisions drafted by the Director pursuant to Article 25. In addition, the Board of Regulators, within its field of competence, shall provide guidance to the Director and the Agency working groups in the execution of his their tasks, with the exception of decisiontasks pursuant to Article 16(6) of Regulation 1227/2001138. __________________ 38 Regulation (EU) 1227/2011 of the European Parliament and of the Council of 25 October on wholesale energy market integrity and transparency, OJ L 326, 8.12.2011, p. 1.
Amendment 328 #
Proposal for a regulation
Article 23 – paragraph 5 – point a
Article 23 – paragraph 5 – point a
(a) provide opinions to the Director on the all documents containing opinions, recommendations and decisions referred to in Articles 43 to 14, 16 and 30, which are considered for adoption. In addition, tThe Board of Regulators, within its field of competence, shall provide guidance to the Director may have the right of initiative on the basis of a two-thirds majority of the members present in drafting the execution of his tasks, with the exception of decisions pursuant to Article 16(6) of Regulation 1227/200138. __________________ 38 Regulation (EU) 1227/2011 of the European Parliament and of the Council of 25 October on wholesale energy market integrity and transparency, OJ L 326, 8.12.2011, p. 1mentioned opinions, recommendations and decisions. In addition, the Board of Regulators, within its field of competence, shall provide guidance to the Director and the Agency working groups in the execution of his their tasks.
Amendment 339 #
(b) generating installations using renewable energy sources or high- efficiency cogeneration with an installed electricity capacity of less than 5010 kW;
Amendment 347 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 360 #
Proposal for a regulation
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
(c) draft, adopt and publish the opinions, recommendations and decisions. ODocuments containing opinions, recommendations and decisions referred to in Articles 3 to 114, 16 and 14 ,30 shall only be adopted if they have received a favourable opinion of the Board of Regulators;.
Amendment 361 #
Proposal for a regulation
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
(c) draft , adopt and publish opinions, recommendations and decisions. Opinions, recommendations and decisions referred to in Articles 3 to 11 and 14 , 16 and 30 shall only be adopted if they have received a favourable opinion of the Board of Regulators;
Amendment 375 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where justified and in particular to support the regulatory work of the Director and of the Board of Regulators on regulatory issues, the Administrative Board mayDirector shall, following a favourable opinion of the Board of Regulators, establish working groups.
Amendment 376 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where justified and in particular to support the regulatory work of the Director and of the Board of Regulators on regulatory issues, the Administrative Board mayDirector shall, following a favourable opinion of the Board of Regulators, establish working groups.
Amendment 383 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The working groups shall be composed of experts from the staff of the Agency and, from national regulatory authorities and. Experts from the Commission shall, participate as observers, as necessary. The Agency shall not be responsible for the costs of the participation of experts from the staff of national regulatory authorities in the Agency working groups.
Amendment 384 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The working groups shall be composed of experts from the staff of the Agency, and from national regulatory authorities and. Experts from the Commission shall, participate as observers, as necessary. The Agency shall not be responsible for the costs of the participation of experts from the staff of national regulatory authorities in the Agency working groups.
Amendment 386 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The Administrative BoardDirector, following a favourable opinion of the Board of Regulators, shall adopt and publish internal rules of procedure for the functioning of the working groups. The Director, following a favourable opinion of the Board of Regulators, shall appoint working group chairs.
Amendment 388 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The Administrative BoardDirector, following a favourable opinion of the Board of Regulators, shall adopt and publish internal rules of procedure for the functioning of the working groups. The Director, following a favourable opinion of the Board of Regulators, shall appoint working group chairs.
Amendment 393 #
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. The Agency Working Groups, under the guidance of the Board of Regulators, shall carry out the activities assigned to them in the programming document adopted pursuant to Article 20(1) (e) and any activities assigned to them by the Board of Regulators and the Director.
Amendment 396 #
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. The Agency Working Groups, under the guidance of the Board of Regulators, shall carry out the activities assigned to them in the programming document adopted pursuant to Article 20(1)(e) and any activities assigned to them by the Board of Regulators and the Director.
Amendment 452 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Subject to compliance with treaty rules on competition, market operators shall be free to develop forward hedging products including for the long-term to provide market participants, in particular owners of generation facilities using renewable energy sources, with appropriate possibilities to hedge financial risks from price fluctuations. Member States shall not restrict such hedging activity to trades within a Member State or bidding zone. In case of scarce liquidity in forward markets, in order to achieve decarbonisation and security of supply, Member State may introduce specific measures for developing long-term contracts.
Amendment 661 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Each bidding zone should be equal to an imbalance price areaThe imbalance price area shall be equal or smaller of the bidding zone.
Amendment 670 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The transmission system operators participating in the bidding zone review shall submit a proposal to the Commissionconcerned national regulatory authorities regarding whether to amend or maintain the bidding zone configuration. Based on that proposal, the Commissionnational regulatory authorities of the concerned member states shall adopt a decision whether to amend or maintain the bidding zone configuration, [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. Where the national regulatory authorities have not been able to reach agreement within 6months following the receipt of the proposal regarding the bidding zone review, or upon their joint request, the Agency shall adopt a decision concerning the submitted proposal within six months, in accordance with Article xx of [ACER Regulation]
Amendment 688 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Where further bidding zone reviews are launched under Article 32(1)(a), (b) or (c) of Regulation (EU) 2015/1222, the Commissionconcerned national regulation authorities may adopt a decision within six months of the conclusion of that bidding zone review according to the adoption terms referred to in paragraph 4.
Amendment 692 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The CommissionNational regulatory authorities shall consult relevant stakeholders on its decisions under this Article before they are adopted.
Amendment 695 #
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. The Commission decisiondecision of the national regulatory authorities shall specify the date of implementation of a change. That implementation date shall balance the need for expediency with practical considerations, including forward trade of electricity. The Commissionnational regulatory authorities may define appropriate transitional arrangements as part of its decision.
Amendment 803 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point b
Article 17 – paragraph 2 – subparagraph 1 – point b
(b) maintaining or increasing interconnection capacities through network investments, in particular in new interconnectorscoordinated remedial actions and/or network investments up to the target value for transfer capacity at each cross- border boundary.
Amendment 811 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
If the revenues cannot be efficiently used for the purposes set out in points (a) or (b) of the first subparagraph, they shall be placed on a separate internal account line for future use on these purposes. Alternatively, they may be used, subject to approval by the regulatory authorities of the Member States concerned, up to a maximum amount to be decided by those regulatory authorities, as income to be taken into account by the regulatory authorities when approving the methodology for calculating network tariffs and/or fixing network tariffs. The rest of revenues shall be placed on a separate internal account line until such time as it can be spent on the purposes set out in points (a) and/or (b) of the first subparagraph. The regulatory authority shall inform the Agency of the approval referred to in the second subparagraph.
Amendment 841 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall monitor resource adequacy within their territory based on the Europeannational resource adequacy assessment. Member States may refer to the European resource adequacy methodology pursuant to Article 19.
Amendment 851 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where the Europeannational resource adequacy assessment identifies a resource adequacy concern Member States shall identify any market and regulatory distortions that caused or contributed to the emergence and endurance of the concern.
Amendment 873 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall publish awith identified adequacy concerns shall publish an implementation plan with a coherent timeline for adopting measures to eliminate any identified regulatory and market distortions. When addressing resource adequacy concerns Member States shall in particular consider removing regulatory distortions, enabling scarcity pricing, developing interconnection, energy storage, demand side measures and energy efficiency.comply with Article 3,and shall, in particular: