23 Amendments of Angelika NIEBLER related to 2023/0077(COD)
Amendment 218 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) High electricity prices have a particularly negative impact on the competitiveness of energy-intensive sectors that operate internationally, face significant global competition, and face, thus, a risk of carbon leakage. At the same time, the European Union has to ensure affordable electricity prices for energy-intensive sectors to secure jobs in these sectors and facilitate their green transition and decarbonisation. Therefore, the European Commission is asked to introduce a mechanism guaranteeing a price ceiling for energy- intensive industries in order to compete globally. Alternatively, Member States should be allowed to apply public interventions in price setting for a limited transitional period, such as five years, until sufficient supply of renewable power capacity is available, leading to affordable electricity prices. For this purpose, energy-intensive sectors should be those listed in the Guidelines on State aid for Climate, Environmental protection and Energy.
Amendment 227 #
Proposal for a regulation
Recital 16
Recital 16
Amendment 237 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 313 #
Proposal for a regulation
Recital 40
Recital 40
Amendment 321 #
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40a) The energy crisis has shown the need for flexible back-up capacity mechanisms in Member States. These mechanisms will become even more important as the share of renewables in the electricity mix increases to achieve the goals of the green transition. Therefore, if an assessment of resource adequacy suggests the need to flexible back-up generation, the introduction of capacity mechanisms as a possible structural element of national markets should be facilitated.
Amendment 449 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a, paragraph 1
Article 7a, paragraph 1
1. Without prejudice to Article 40(5) and 40(6) of the Electricity Directive, transmissionBy 31 December 2024, the Commission, in cooperation with ENTSO for Electricity, the EU DSO Entity and ACER, shall perform an assessment about the possibility for system operators mayto procure peak shaving products in order to achieve a reduction of electricity demand during peak hours, analysing at least, but not limited to, that their activation does not negatively affect the functioning of the electricity market, and in particular the intraday and balancing markets and over-the-counter trading. The assessment shall take into consideration specific national developments at and consider the possibility of procuring these products under normal circumstances and during an electricity price crisis situation, declared in accordance with Article 66a.
Amendment 456 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a, paragraph 2
Article 7a, paragraph 2
Amendment 486 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a, paragraph 3
Article 7a, paragraph 3
Amendment 493 #
Amendment 540 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation 2019/943
Article 9
Article 9
Amendment 560 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation 2019/943
Article 9 – paragraph 1
Article 9 – paragraph 1
1a. In accordance with Regulation (EU) 2016/1719, transmission system operators shall issue long-term transmission rights or have equivalent measures in place to allow for market participants, including owners of power- generating facilities using renewable energy sources, to hedge price risks across bidding zone borders, unless an assessment of the forward market on the bidding zone borders performed by the competent regulatory authorities shows that there are sufficient hedging opportunities in the concerned bidding zones.
Amendment 564 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation 2019/943
Article 9
Article 9
Amendment 567 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation 2019/943
Article 9 – Paragraph 2
Article 9 – Paragraph 2
2a. Long-term transmission rights shall be allocated with a range of maturities of up to three years ahead in a transparent, market based and nondiscriminatory manner through a single allocation platform. The frequency of allocation of the long-term cross-zonal capacity shall support the efficient functioning of the forward market. Transmission system operators should in each capacity calculation region develop a duly assessed approach that is aiming to increase the volume of cross-zonal capacities in forward markets and an increase in liquidity.
Amendment 573 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation 2019/943
Article 9
Article 9
Amendment 621 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a, paragraph 1
Article 19a, paragraph 1
1. Member States shall facilitate power purchase agreements (‘PPAs’)lift all unjustified barriers to the conclusion of power purchase agreements (‘PPAs’), including for the retail market (e.g. households, renewable energy communities, SMEs), with a view to reaching the objectives set out in their integrated national energy and climate plan with respect to the dimension decarbonisation referred to in point (a) of Article 4 of Regulation (EU) 2018/1999, while preserving competitive and liquid electricity markets. In order to ensure the removal of barriers to PPAs, the Commission may draw up specific guidance on how to alleviate administrative obligations and accounting complexities related to PPAs.
Amendment 630 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a, paragraph 1a new
Article 19a, paragraph 1a new
1a. To facilitate the conclusion of PPAs, Member States shall ensure that all possibilities offered under Article 19 of Directive EU 2018/2001 regarding guarantees of origin are used. It shall be ensured that guarantees of origin are issued to all producers of energy from renewable sources, even those that receive financial support from a Member State support scheme, to enable renewable power to be tracked and traded across borders and to remove this existing barrier to long term PPAs.
Amendment 638 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a, paragraph 2
Article 19a, paragraph 2
2. Member States shall ensure that instruments such as guarantee schemes at market prices,, in a coordinated way and where appropriate with the support of the European Investment Bank (‘EIB’), may put in place instruments to reduce the financial risks associated to off- taker payment default in the framework of PPAs are in place andnd make them accessible to customers that face entry barriers to the PPA market and are not in financial difficulty in line with Articles 107 and 108 TFEU. Such instruments may include guarantee schemes at market prices. For this purpose, Member States shall take into account Union-level instruments and tools such as standardised template contracts, to be developed jointly with the EIB. Member States shall determine what categories of customers are targeted by these instruments, applying non- discriminatory criteria, and considering at least, but not limited to, SMEs, households, including via aggregators, renewable energy communities and suppliers with no generation assets. As the market evolves and the PPA uptake increases, the use of instruments such as guarantee schemes at market prices shall be reassessed.
Amendment 924 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 1
Article 19 e – paragraph 1
1. Member States which apply a capacity mechanism in accordance with Article 21 shall consider the promotion of the participation of non-fossil flexibility such as demand side response and energy storage by introducing additional criteria or features in the design of the capacity mechanism.
Amendment 940 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 2
Article 19 e – paragraph 2
2. Where the measures introduced in accordance with paragraph 1 to promote the participation of non-fossil flexibility such as demand response and energy storage in capacity mechanisms are insufficient to achieve the flexibility needs identified in accordance with 19d, Member States may apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibility such as demand side response and energy storage.
Amendment 952 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 3
Article 19 e – paragraph 3
3. Member States which do not apply a capacity mechanism may apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibility such as demand side response and energy storage.
Amendment 958 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 21 – paragraph 1
Article 21 – paragraph 1
Article 21 is amended as follows: (a) Paragraph 1 is replaced by the following: "1. To eliminate residual resource adequacy concerns, Member States may, while implementing the measures referred to in Article 20(3) of this Regulation in accordance with Article 107, 108 and 109 of the TFEU, introduce capacity mechanisms. If an assessment of resource adequacy suggests the need to flexible back-up generation, the introduction of capacity mechanisms as a possible structural element of national markets should be facilitated.
Amendment 975 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – paragraph 1 – point b
Article 19 f – paragraph 1 – point b
(b) be limited to new investments in non-fossil flexibility not using unabated fossil fuels such as demand side response and energy storage;
Amendment 996 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – paragraph 1 – point i
Article 19 f – paragraph 1 – point i
(i) where technically feasible, be open to cross-border participation.’;