40 Amendments of Alejo VIDAL-QUADRAS related to 2011/0300(COD)
Amendment 128 #
Proposal for a regulation
Recital 7
Recital 7
(7) Despite its legal existence as defined in Directives 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas , the internal market in energy remains fragmented due to insufficient interconnections between national energy networks, the target for Member States to achieve at least 10% of electricity and gas interconnection capacity agreed by the European Council in 2002 and 2007 not having been achieved. Union-wide integrated networks however are vital for ensuring a competitive and well functioning integrated market for promoting growth, employment and sustainable development.
Amendment 132 #
Proposal for a regulation
Recital 9
Recital 9
(9) The importance of smart grids in achieving the Union’s energy policy objectives has been acknowledged in Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘Smart grids: from innovation to deployment’ . The Commission should present a specific proposal for the development of Smart grids, in order to fully seize the benefits of existing synergies between Energy and Telecommunications infrastructures.
Amendment 152 #
Proposal for a regulation
Recital 16
Recital 16
(16) In view of complying with Article 172 of the Treaty on the Functioning of the European Union, regional groups should be established for the purpose of proposing projects of common interest that will be approved by Member States, without undermining the existing Regional Initiatives. In order to ensure broad consensus, these regional groups should ensure close cooperation between Member States, national regulatory authorities, project promoters and relevant stakeholders. The cooperation should rely as much as possible on existing regional cooperation structures of national regulatory authorities and transmission system operators and other structures established by the Member States and the Commission.
Amendment 167 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) In addition, Member States are encouraged to apply the provisions of the permit granting process for projects of common interest also to projects of national interest.
Amendment 173 #
Proposal for a regulation
Recital 27
Recital 27
(27) In an increasingly integrated internal energy market, clear and transparent rules for cost allocation across borders are necessary in order to accelerate investment in cross-border infrastructure. The European Council of 4 February 2011 recalled the importance to promote a regulatory framework attractive to investment in networks, with tariffs set at levels consistent with financing needs and the appropriate cost allocation for cross- border investments, while enhancing competition and competitiveness, notably of European industry, and taking account of the impact on consumers. In this regard, if deemed necessary, a benchmarking of investment costs between project promoters across Member States should be carried out to ascertain if costs are efficiently incurred.
Amendment 180 #
Proposal for a regulation
Recital 29
Recital 29
(29) The European Energy Programme for Recovery (EEPR) has demonstrated the added value of leveraging private funding through significant Union financial aid to allow implementation of projects of European significance. The European Council of 4 February 2011 recognised that some energy infrastructure projects may require limited public finance to leverage private funding. In the light of the economic and financial crisis and budgetary constraints, targeted support, through grants and financial instruments together with a stable and predictable regulatory framework, should be developed under the next multi- annual financial framework, which will attract new investors into the energy infrastructure priority corridors and areas, while keeping the budgetary contribution of the Union to a minimum.
Amendment 187 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. The guidelines as established by this Regulation and, in particular, the projects of common interest therein identified, shall obey one or more of the following energy policy objectives: (a) Competitiveness by promoting the further integration of the internal energy market and the interoperability of energy networks across borders; (b) Enhancing Union security of energy supply and its system resilience and security of system operations; (c) A sustainable development and protection of the environment.
Amendment 199 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
4a. ´bottleneck´ means lack of capacity of interconnection due either to absence of infrastructure or to limited physical flow or faltering system management;
Amendment 200 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
(a) transmission system operator, except for hydro-pumped electricity storage projects, or distribution system operator or other operator or investor developing a project of common interest; or
Amendment 214 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission shall establish a Union-wide list of projects of common interest. The list shall be reviewed and updated as necessary every two years. The first list shall be adopted in line with the Union-wide ten-year network development plan. The objective is to adopt a first list by 31 July 2013 at the latest.
Amendment 215 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. For the purpose of identifying projects of common interest, the Commission shall establish a Regional Group (‘Group’) as defined in section 1 of Annex III based on each priority corridor and area and their respective geographical coverage as set out in Annex I. The Commission shall, taking into account the complexity of managing interconnections within an intricate geographical structure, consider, when appropriate, subdividing Regional Groups (Sub-regional Groups).
Amendment 221 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. For the purpose of identifying projects of common interest, the Commission shall establish a Regional Group (‘Group’) as defined in section 1 of Annex III based on each priority corridor and area and their respective geographical coverage as set out in Annex I. The Commission shall chair the Groups.
Amendment 273 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) the project displaysotential economic, social and environmental viabilitybenefits of the project outweigh its costs; and
Amendment 298 #
Proposal for a regulation
Article 4 – paragraph 2 – point a – indent 3 a (new)
Article 4 – paragraph 2 – point a – indent 3 a (new)
- elimination of bottlenecks;
Amendment 315 #
Proposal for a regulation
Article 4 – paragraph 2 – point b – indent 4 a (new)
Article 4 – paragraph 2 – point b – indent 4 a (new)
- elimination of bottlenecks;
Amendment 319 #
Proposal for a regulation
Article 4 – paragraph 2 – point c – indent 2 a (new)
Article 4 – paragraph 2 – point c – indent 2 a (new)
- full system operational procedures assigning the different responsibilities to transmission and distribution networks operators in the scenario of large renewable distributed generation;
Amendment 350 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. When ranking projects contributing to the implementation of the same priority, due consideration shall also be given to the urgency of each proposed project in order to meet the energy policy targets of market integration and competition, interoperability with the existing infrastructure, local area-based system stability, sustainability and security of supply, the number of Member States affected by each project, and its complementarity with regard to other proposed projects. For projects falling under the category set out in point 1(e) of Annex II, due consideration shall also be given to the number of users affected by the project, the annual energy consumption and the share of generation from non dispatchable resources in the area covered by these users.
Amendment 376 #
Proposal for a regulation
Article 5 – paragraph 6 – introductory part
Article 5 – paragraph 6 – introductory part
6. If the commissioning of a project of common interest is delayed by more than two years compared to the implementation plan without sufficient justificationfor reasons clearly attributable to the improper management of the project by the project promoter:
Amendment 434 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. For the purpose of accelerating permit granting procedures and enhancing public participation, the provisions of this Chapter shall be applicable to all projects of common interest. and to all projects deemed necessary for the technical viability of projects of common interest.
Amendment 435 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Projects of common interest shall be allocated the status of the highest national significance possible and be treated as such in permit granting procedures, where and in the manner such treatment is provided for in national legislation applicable to the corresponding type of energy infrastructure.
Amendment 472 #
Proposal for a regulation
Article 10 – paragraph 7 – subparagraph 1
Article 10 – paragraph 7 – subparagraph 1
The project promoter, or, where national legislation so provides, with the support of the competent authority, shall establish and regularly update a project website to publish relevant information about the project, which shall be linked to the Commission website and which shall satisfy the requirements specified in point 5 of Annex VI. Commercially sensitive information shall be kept confidential.
Amendment 505 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Within one month of the entry into force of this Regulation, the ENTSO for Electricity and the ENTSO for Gas shall submit to the Agency and the Commission their respective methodology, as well as standard costs for different categories of projects, including on network and market modelling, for a harmonised energy system-wide cost- benefit analysis at Union-wide level for projects of common interest falling under the categories set out in points 1(a) to (d) and 2 of Annex II, except for hydro-pumped electricity storage projects. The methodology shall be elaborated in line with the principles laid down in Annex V.
Amendment 513 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Within three months of the day of receipt of the methodology, the Agency, after formally consulting the organisations representing all relevant stakeholders, shall provide an opinion to the Commission on the methodology.
Amendment 525 #
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
8. By 31 December 2016, the ENTSO for Electricity and the ENTSO for Gas shall jointly submit to the Commission and the Agency commonnsistent and interactive electricity and gas market and network models including both electricity and gas transmission and storage, covering the priority corridors and areas designated in Annex I and elaborated in line with the principles laid down in Annex V. After approval of thisese models by the Commission according to the procedure set out in paragraphs 2 to 4, ithey shall be included in the methodology.
Amendment 531 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
The investment costscosts set out in point (5) of Annex V relateding to a projects of common interest falling under the categories set out in points 1(a) to (d) and 2 of Annex II, except for hydro-pumped electricity storage projects, shall be borne by the transmission system operator(s) of the Member State(s) to which the project provides a net positive impact, and be paid for by network users through tariffs for network access.
Amendment 538 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Significant increases in investment costs shall be notified by the national regulatory authorities and the Agency to the Commission. If no sufficient justification is provided by the project promoter, the Commission may launch a call for proposals open to any project promoter to build the project.
Amendment 582 #
Proposal for a regulation
Article 15 – title
Article 15 – title
Eligibility of projects and conditionality for Union financial assistance
Amendment 599 #
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) the project is commercially not viable according to the business plan and other assessments carried out, notably by possible investors or creditors. The decision on incentives and its justification referred to in paragraph 3 of shall be taken into account when assessing the project's commercial viability; In any case, Union financial assistance for construction works shall only support projects of common interest providing economic, environmental and social benefits which cannot be achieved by any competing commercial projects; and
Amendment 612 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
Amendment 625 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) the maincomplete results of the cost-benefit analysis on the basis of the methodology elaborated pursuant for the projects of common interest concerned, except for any commercially sensitive information.
Amendment 632 #
Proposal for a regulation
Annex I – part 1 – point 2 – paragraph 1
Annex I – part 1 – point 2 – paragraph 1
(2) North-South electricity interconnections in Western Europe (‘NSI West Electricity’): interconnections between Member States of the region and with Mediterranean third countries, notably to integrate electricity from renewable energy sourc, namely between the Iberian Peninsula and France, to complete the internal market and integrate generation from renewable energy sources, and with Mediterranean third countries.
Amendment 659 #
Proposal for a regulation
Annex I – part 2 – point 6 – paragraph 1
Annex I – part 2 – point 6 – paragraph 1
(6) North-South gas interconnections in Central Eastern and South Eastern Europe (‘NSI East Gas’): regional gas connections infrastructure between the Baltic Sea region, the Adriatic and Aegean Seas and the Black Sea, notably to enhance diversification and security of gas supply;
Amendment 662 #
Proposal for a regulation
Annex I – part 2 – point 7 – paragraph 1
Annex I – part 2 – point 7 – paragraph 1
(7) Southern Gas Corridor (‘SGC’): transmissgas infrastructure to enhance diversification of gas supply from the Caspian Basin, Central Asia, the Middle East and the Eastern Mediterranean Basin to the Union to enhance diversification of gas supply.
Amendment 717 #
Proposal for a regulation
Annex III – part 1 – point 2
Annex III – part 1 – point 2
(2) Each Group shall organise its workload in line with regional cooperation efforts pursuant Article 6 of Directive 2009/72/EC, Article 7 of Directive 2009/73/EC, Article 12 of Regulation (EC) No 714/2009, and Article 12 of Regulation (EC) No 715/2009 and other existing regional cooperation structures such as the current electricity and gas Regional Initiatives.
Amendment 730 #
Proposal for a regulation
Annex III – part 2 – point 1
Annex III – part 2 – point 1
(1) Each project promoter shall submit an application for selection as project of common interest to the members of the respective Group, including an assessment of its project(s) with regard to the contribution to implementing the priorities set out in Annex I, the fulfilment of the relevant criteria defined in Article 64, and any other relevant information for the evaluation of the project. Project promoters shall submit a project-specific cost-benefit analysis in accordance with the methodology in Article 12.
Amendment 768 #
Proposal for a regulation
Annex IV – point 1 – point e
Annex IV – point 1 – point e
(e) for smart grids, the project is designed for equipments and installations at high- voltage and medium-voltage level designed for a voltage of 10kV or moreand low- voltage level as defined by relevant European standards. It involves transmission and distribution system operators from at least two Member States, which cover at least 100,000 users that generate or consume electricity or do both in a consumption area of at least 300 Gigawatthours/year, of which at least 20% originate from non dispatchable resources.
Amendment 771 #
Proposal for a regulation
Annex IV – point 2 – paragraph 1 – point a – indent 1
Annex IV – point 2 – paragraph 1 – point a – indent 1
– calculating, for cross-border projects, the impact on the grid transfer capability in both power flow directions, measured in terms of amount of power (in megawatt), and their contribution to reach the minimum capacity of 10% approved by the European Council or, for projects with significant cross- border impact, the impact on grid transfer capability at borders between relevant Member States, between relevant Member States and third countries or within relevant Member States and on demand- supply balancing and network operations in relevant Member States;
Amendment 804 #
Proposal for a regulation
Annex V – point 2
Annex V – point 2
(2) The data set shall reflect Union and national legislations in force at the date of analysis. The data sets used for electricity and gas respectively shall be compatible, notably with regard to assumptions on prices and volumes in each market. The data set shall be elaborated after formally consulting Member States and the organisations representing all relevant stakeholders. The Commission and the Agency shall ensure access to the required commercial data from third parties when applicable.
Amendment 805 #
Proposal for a regulation
Annex V – point 5
Annex V – point 5
(5) The cost-benefit analysis shall at least take into account the following costs: capital expenditure, operational and maintenance expenditure over the technical lifecycle of the project and decommissioning and waste management costs, where relevant. The methodology shall give guidance on discount rates to be used for the calculations. Costs should be validated against a benchmark to assess whether they are incurred efficiently. Whenever a project promoter presents costs significantly diverging from the benchmark, it shall justify them to the responsible national regulatory authority and the Agency.
Amendment 820 #
Proposal for a regulation
Annex V – point 9
Annex V – point 9
(9) The detailed method used to take into account the indicators referred to in points 6 to 8 shall be elaborated after formally consulting the organisations representing all relevant stakeholders, as foreseen in Article 12.