42 Amendments of Pilar AYUSO related to 2016/0380(COD)
Amendment 131 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Directive also sets out means of cooperation among Member States, regulatory authorities and transmission system operators towards the creation of a fully interconnected internal market that increases the integration of renewable electricity, the mechanisms of solidarity among Member States, the free competition and the security of supply.
Amendment 150 #
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. 'local energy community' means: an association, a cooperative, a partnership, a non-profit organisation or other legal entity which i legal entity, in the terms and conditions deffectively controlled by local shareholders or members, generally value rather than profit-drivenined by each Member State, involved in distributed generation and in performing activities of a distribution system operator, supplier or aggregator at local level, including across borders;
Amendment 193 #
Proposal for a directive
Article 2 – paragraph 1 – point 33
Article 2 – paragraph 1 – point 33
33. 'interconnector' means a transmission line which crosses or spans a border between bidding zones, between Member States or, up to the border of EU jurisdiction, between Member States and third countries the equipment used to link electricity systems;
Amendment 238 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. In application of the provisions of paragraph 2, Member States may adopt a transparent, objective and non- discriminatory authorization procedure for the closure of generation plants. The authorization for the closure of generation plants may be denied if the closure of the plant can endanger: a) the security of supply at national level; b) compliance with national contributions set out in national energy and climate plans; or c) effective competition and price formation in the market. Under any of these circumstances, Member States may require the owner of the installation to launch a competitive tendering procedure for the transfer of the plant.
Amendment 278 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, Member States which apply public interventions in price setting for the supply of electricity for energy poor or vulnerable household customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions until [OP: insert the date – five years from the entry into force of this Directive]. Such public interventions shall pursue a general economic interest, be clearly defined, transparent, non- discriminatory, verifiable and, result in a dynamic price linked to the wholesale market incorporating a reasonable maximum margin component and shall guarantee equal access for Union electricity companies to customers. The interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue, be limited in time and proportionate as regards their beneficiaries.
Amendment 294 #
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 1
Article 5 – paragraph 4 – subparagraph 1
After[OP – insert the date – five years from the entry into force of this Directive], Member States may still apply public interventions in the price-setting for the supply of electricity for vulnerable household customers in so far as it is strictly necessary for reasons of extreme urgencyaccording to market conditions. Such interventions shall comply with the conditions set out in paragraph 3.
Amendment 299 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The transmission or distribution system operator may refuse access where it lacks the necessary capacity. Duly substantiated reasons shall be given for such refusal, in particular having regard to Article 9, and based on objective and technically and economically justified criteria. Member States or, where Member States have so provided, the regulatory authorities shall ensure that those criteria are consistently applied and that the system user who has been refused access can make use of a dispute settlement procedure. TMember States, or where Member States have so provided, the regulatory authorities shall also ensure, where appropriate and when refusal of access takes place, that the transmission or distribution system operator provides relevant information on measures that would be necessary to reinforce the network. Such information shall be provided in all cases when access for recharging points was denied. The party requesting such information may be charged a reasonable fee reflecting the cost of providing such information.
Amendment 347 #
Proposal for a directive
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) are given adequate notice of any intention to modify contractual conditions and are informed about their right to dissolve at no cost the contract when the notice is given. Suppliers shall notify their customers directly of any adjustment in the supply price as well as of the reasons and preconditions for the adjustment and its scope, at an appropriate time no later than one normal billing period before the adjustment comes into effect in a transparent and comprehensible manner. Member States shall ensure that customers are free to withdraw from contracts if they do not accept the new contractual conditions or adjustments in the supply price notified to them by their electricity supplier ;
Amendment 444 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. By way of derogation from paragraph 2, Member States may choose to permit suppliers to charge contract termination fees to customers willingly terminating fixed term supply contracts before their maturity. Such fees may only be charged if customers receive a demonstrable advantage from these contracts. In addition, such fees shall not exceed the direct economic loss to the supplier of the customer terminating the contract, including the cost of any bundled investments or services already provided to the customer as part of the contract.
Amendment 481 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure that a final customer wishing to terminate the contract with an aggregator or switch of aggregator, while respecting contractual conditions, is entitled to such termination or switch within three weeks.
Amendment 486 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that final customers terminating a fixed term contract with an aggregator before its maturity are not charged any termination fee that exceeds the direct economic loss to the aggregator, including the cost of any bundled investments or services already provided to the final customer as part of the contractare not charged any fees related to the termination of the contract or switching to a different aggregator.
Amendment 489 #
Proposal for a directive
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. By way of derogation from paragraph 3, Member States may choose to permit aggregators to charge termination fees to customers willingly terminating fixed term contracts before their maturity.
Amendment 530 #
Proposal for a directive
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. Member States shall ensure that final customers, in the terms and conditions defined by each Member State:
Amendment 563 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The energy installation required for the activities of the active customer may be managed by a third party for installation, operation, including metering and maintenance.
Amendment 572 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Member States shall ensure thatmay decide with national provisions if local energy communities:
Amendment 578 #
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) are entitled to ownproduce, consume, establish, or lease community networks and to autonomously manage themore and sell energy using their own networks, in the terms and conditions defined by each Member State;
Amendment 593 #
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) benefit from a non-discriminatory treatment with regard to their activities, rights and obligations as final customers, generators, distribution system operators or aggregators;
Amendment 608 #
Proposal for a directive
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. Member States shallmay provide an enabling regulatory framework that ensures thaton the following aspects of local energy communities:
Amendment 647 #
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. Member States may limit the size of local energy communities for technical and economic reasons.
Amendment 650 #
Proposal for a directive
Article 16 – paragraph 2 b (new)
Article 16 – paragraph 2 b (new)
2b. Member States that decide to apply this article: a) may regulate the access to the community network for consumers and generators that are not members of the local energy community; b) may regulate the technical and economic conditions for the supply of energy from outside the local energy community and the electricity that it feeds into the grid.
Amendment 663 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that transmission system operators and distribution system operators when procuring ancillary services, treat demand response providers, including independent aggregators, in a non-discriminatory manner, on the basis of their technical capabilities and at minimum cost.
Amendment 679 #
Proposal for a directive
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
(c) transparent rules and procedures for data exchange between market participants that ensure easy access to data on equal and non-discriminatory terms while fully protecting commercial and personal data;
Amendment 710 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Member States shall ensure access to demand response, which complies with the technical conditions legally required by the national competent authority, and foster participation of demand response, including through independent aggregators in all organised markets. Member States shall ensure that national regulatorythe competent national authoritiesy or, where their national legal system so requires, transmission system operators and distribution system operators in close cooperation with demand service providers and final customers define technical modalities for participation of demand response in these markets on the basis of the technical requirements of these markets and the capabilities of demand response. Such specifications shall include the participation of aggregators.
Amendment 902 #
Proposal for a directive
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Each distribution system operator shall procure the energy it uses to cover energy losses and the non-frequency ancillary services in its system according to transparent, non-discriminatory and market based procedures, whenever it has such a function. The attribution to distribution system operators of the management of non-frequency ancillary services shall be subject to a previous cost benefit analysis. Unless justified by a cost-benefit analysis, the procurement of non-frequency ancillary services by a distribution system operator shall be transparent, non- discriminatory and market-based ensuring effective participation of all market participants including renewable energy sources, demand response, energy storage facilities and aggregators, in particular by requiring regulatory authorities or. The national competent authority, in close cooperation with the transmission and distribution system operators in close cooperation with alland market participants, to shall define technical modalities for participation in these markets on the basis of the technical requirements of these markets and the capabilities of all market participants . Technical modalities and requirements shall be homogeneous across the national market.
Amendment 910 #
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
Member States shallmay provide the necessary regulatory framework to allow and incentivise distribution system operators to procure services in order to improve efficiencies in the operation and development of the distribution system, including local congestion management. In particular, regulatory frameworks shallmay enable distribution system operators to procure services from resources such as distributed generation, demand response or storage and consider energy efficiency measures, which may supplant the need to upgrade or replace electricity capacity and which support the efficient and secure operation of the distribution system. Distribution system operators shall procure these services according to transparent, non-discriminatory and market based procedures. Transmission system operators will continue to manage these services in the transmission network and in cases where, after a cost benefit analysis for a service or in a distribution area, the management by the transmission system operator is deemed as more efficient.
Amendment 919 #
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 2
Article 32 – paragraph 1 – subparagraph 2
Amendment 967 #
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall ensure that all eligible parties have non-discriminatory access to data under clear and equal terms, and are in compliance with data and information protection legislation. In Member States where smart metering systems have been implemented according to Article 19 and distribution system operators are involved in data management, compliance programmes as set in Article 35(2)(d) shall include specific measures in order to exclude discriminatory access to data from eligible parties as provided for in Article 23. Where distribution system operators are not subject to Article 35(1), (2) and (3), Member States shall take all necessary measures to ensure that the vertically integrated undertaking do not have privileged access to data for the conduct of its supply activity.
Amendment 1007 #
Proposal for a directive
Article 38 – paragraph 5
Article 38 – paragraph 5
5. CIn any case, closed distribution systems shall be considered as distribution systems for the purpose of the Directivewill not obtain any remuneration stemming from the electricity system with regard to the construction, operation and maintenance of their networks.
Amendment 1018 #
Proposal for a directive
Article 40 – paragraph 1 – point j
Article 40 – paragraph 1 – point j
Amendment 1023 #
Proposal for a directive
Article 40 – paragraph 1 – point j a (new)
Article 40 – paragraph 1 – point j a (new)
(ja) ensuring the efficient and secure integration of renewable energy, through central monitoring of at least all renewable energy power plants with installed capacity higher than 1 MW and control of those with installed capacity higher than 5 MW, including facilities connected to distribution networks within the transport system operator control area.
Amendment 1039 #
Proposal for a directive
Article 40 – paragraph 3
Article 40 – paragraph 3
3. In performing the tasks listed in paragraph 1, the transmission system operator shall take into account the functions performed by the regional operational centres and cooperate as necessary with neighbouring transmission system operators.
Amendment 1043 #
Proposal for a directive
Article 40 – paragraph 4 – introductory part
Article 40 – paragraph 4 – introductory part
4. In performing the task described in point (i) of paragraph 1, the transmission system operator shall ensure that the procurement of balancing services and, unless justified by a cost-benefit or technical viability analysis, non-frequency ancillary services, is:
Amendment 1046 #
Proposal for a directive
Article 40 – paragraph 4 – point b
Article 40 – paragraph 4 – point b
(b) ensures effective participation of all market participants including renewable energy sources, demand response, energy storage facilities and aggregators, in particular by requiring regulatory authorities or transmission system operators. The national competent authority, in close cooperation with all market participants, toshall define technical modalities for participation in these markets on the basis of the technical requirements of these markets and the capabilities of all market participants. The technical modalities and requirements shall be uniform throughout the territory of a Member State.
Amendment 1144 #
Proposal for a directive
Article 59 – paragraph 1 – point a
Article 59 – paragraph 1 – point a
(a) fixing or approving, in accordance with transparent criteria, transmission or distribution tariffs andor their methodologies;
Amendment 1149 #
Proposal for a directive
Article 59 – paragraph 1 – point c
Article 59 – paragraph 1 – point c
Amendment 1150 #
Proposal for a directive
Article 59 – paragraph 1 – point d
Article 59 – paragraph 1 – point d
Amendment 1191 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2 a (new)
Article 59 – paragraph 2 – subparagraph 2 a (new)
The duties set in paragraph 1. a) are without prejudice of the competence of Member States to set energy policies, orientations and targets, as well as the remuneration methodology of the different activities and to verify the compliance of network tariffs with the established policy objectives and regulations.
Amendment 1208 #
Proposal for a directive
Article 62 – title
Article 62 – title
Duties and powers of regulatorycompetent authorities with respect to regional opercoordinational centres
Amendment 1211 #
Proposal for a directive
Article 62 – paragraph 1 – introductory part
Article 62 – paragraph 1 – introductory part
1. The regional regulatory authorities of the geographical area whereCompetent authorities of Member States affected by the operation of a regional opercoordinational centre is established shall, in close coordination with each othershall by agreement:
Amendment 1231 #
Proposal for a directive
Article 62 – paragraph 2 – introductory part
Article 62 – paragraph 2 – introductory part
2. Member States shall ensure that regulatorycompetent authorities are granted the powers enabling them to carry out the duties referred to in paragraph 1 in an efficient and expeditious manner. For this purpose, the regulatorycompetent authorities shall have at least the following powers:
Amendment 1245 #
Proposal for a directive
Article 66 – paragraph 1
Article 66 – paragraph 1
1. Member States which can demonstrate that there are substantial problems for the operation of their small isolated systems or systems whose interconnection follows a single undersea path, may apply for derogations from the relevant provisions of Chapters IV, V and VI as well as articles 4, 6, 7 and 8. . The Commission shall inform the Member States of those applications before taking a decision, taking into account respect for confidentiality. That decision shall be published in the Official Journal of the European Union.
Amendment 1342 #
Proposal for a directive
Annex III – point 2
Annex III – point 2
2. Such assessment shall take into consideration the situation of the set of meters, the methodology for a cost- benefit analysis and the minimum functionalities for smart metering defined in the Commission Recommendation 2012/148/EU as well as best available techniques for ensuring the highest level of cyber security and data protection.