16 Amendments of Adina VĂLEAN related to 2016/0030(COD)
Amendment 174 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) A truly interconnected internal energy market with multiple entry points and reverse flows can only be created by fully interconnecting its gas grids, by building up LNG hubs in Southern and Eastern Europe, by completing the North- South and Southern Gas corridors and by further developing indigenous production; therefore an accelerated development of interconnectors and projects aimed at diversifying supply sources as already shortlisted in the Energy Security Strategy is necessary.
Amendment 180 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Regional approaches both among Member States and with the Energy Community Contracting Parties will speed up market integration, including through the creation of regional hubs to enhance market liquidity; such cooperation mechanisms could streamline political and energy market co-operation and facilitate joint decisions on essential gas infrastructure investment in the regions; knowledge and information could be developed jointly on issues such as energy storage facilities, and tendering processes for LNG and interconnectors.
Amendment 290 #
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 are directly or indirectly interconnected, and 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 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, provided that such Member States can prove that all the measures described in its emergency plan have been used, and that all the technical and commercial terms defined in the solidarity agreement in the emergency plan have been met. Member States should identify and describe the details of these solidarity measures in solidarity agreements in their emergency plans, ensuring fair and equitablan appropriate compensation of the natural gas undertakings and of the non-protected customers concerned by the solidarity measures, based on the market value of the costs generated by the interruption of supplies consequent to the implementation of Article 12.
Amendment 305 #
Proposal for a regulation
Recital 38
Recital 38
(38) To assess the security of supply situation of a given Member State or region or of the Union, access to the relevant information is essential. In particular, Member States and the Commission need regular access to relevant, non-confidential information from natural gas undertakings regarding the main parameters of the gas supply as a fundamental input in the design of the security of supply policies. Under duly justified circumstances, irrespective of a declaration of emergency, access should also be possible to additional information needed to assess the overall gas supply situation. That additional information would typically be non-price-related gas delivery information, e.g. minimum and maximum gas volumes, delivery points or supply margins. It could, for example, be requested in the event of changes in the pattern of the gas supply to a given buyer or buyers in a Member State which would not be expected if the markets were functioning normally and which could affect the gas supply of the Union or parts of it.
Amendment 313 #
Proposal for a regulation
Recital 39
Recital 39
(39) 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, by guaranteeing at the same time the confidentiality of commercially sensitive information of commercial gas supply contracts. In this context an efficient and targeted mechanism for Member States' access to keyinformation of gas supply contracts relevant for the security of gas supply 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 non- confidential information related to contracts which might negatively affect security of supply of a Member State or region or of the Union as a whole. TIn duly justified circumstances the Commission should havemay request the same access to theinformation of gas supply contracts as Member Statfrom the national competent authorities, 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 a well-defined set of non-confidential information on commercial contracts should not affect nor duplicate the Commission's and ACER's ongoing efforts to monitor the gas market, 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 state aid,.
Amendment 501 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The risk assessment shall be prepared in accordance with the template in Annex IV. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 to amend those templates taking into account Member State implementation timeframes.
Amendment 545 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The preventive action plan and the emergency plan shall be developed in accordance with the templates contained in Annex V. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 to amend those templates taking into account Member State implementation timeframes.
Amendment 574 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2
Article 7 – paragraph 6 – subparagraph 2
In the event of disagreement, the Commission may, within three months of the reply of the competent authorities, take a decision requiring the amendment of the relevant plan. The competent authorities shall adopt and publish the plan within threetaking into account Member State consultation requirements, no later than six months of the notification of Commission decision.
Amendment 672 #
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 has proved that all the measures described in its emergency plan have been used, and that all the technical 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), directly or indirectly interconnected, shall be temporarily reduced to the level established in Article 5(1).
Amendment 684 #
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 connected to the Member State which declared the emergency, shall not continue to the extentbe reduced to the extent reflecting the maximum capability to the affected connected Member State(s) as necessary to supply the households, essential social services and district heating installations in the Member States having declared the emergency.
Amendment 712 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. If the Member States do not agree on the necessary technical, commercial, legal and financial arrangements, the Commission may propose a framework for such measureagreements in its opinion and decision on the plans. In absence of agreed technical, commercial, legal and financial arrangements for appropriate compensation in the solidarity agreements, natural gas undertakings should not bear obligations derived from paragraph 2 and 3.
Amendment 721 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. In duly justified circumstances irrespective of a declaration ofDuring an emergency, the competent authority may require 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 Mwho has declared the ember States, including contractual informationgency. The Commission may request from the competent authorities the information provided by natural gas undertakings. The competent authorities and the European Commission shall guarantee the confidentiality of commercially sensitive information.
Amendment 727 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Where the Commission considers that tha Member State ghas supply in a region or the Union as wholedeclared the emergency crisis level isn affected or is likely to be affected itccordance with Article 10(1), the Commission may require the competent authorities to collect and submit to the Commission information necessaryreferred to in paragraph 1 to assess the situation of the gas supply in the Union. The Commission may share its assessment with the Gas Coordination Group.
Amendment 734 #
Proposal for a regulation
Article 13 – paragraph 6 – point a – subparagraph 1 a (new)
Article 13 – paragraph 6 – point a – subparagraph 1 a (new)
In order to avoid double-reporting or unjustified bureaucratic burden for natural gas undertakings, the Commission should strengthen its coordination with ACER and the relevant national authorities as to take full stock of information already collected under article 8 of Regulation (EU) No 1227/2011.
Amendment 745 #
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 thefollowing the information on 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 Stateregion 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.
Amendment 756 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. IDuring an emergency, and in duly justified circumstances, where the competent authority or the Commission considers that information a gas supply contract not covered by paragraph 6(b) (a) of this Article might affect the security of supply of a Member State, region or of the Union as whole, the competent authority should of the Member State where the natural gas undertaking who has concluded the contract operates or the Commission may request the natural gas undertaking to provide theo the Commission the information covered by paragraph 6 (b) contract for the assessment of its impact on security of supply. The request may cover also any other commercial agreements relevant for the execution of the gas supply contract.