Activities of Philippe LAMBERTS related to 2023/0076(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 1227/2011 and (EU) 2019/942 to improve the Union’s protection against market manipulation in the wholesale energy market
Amendments (9)
Amendment 28 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Regulation (EU) No 1227/2011
Article 2 – point 2 – point c a (new)
Article 2 – point 2 – point c a (new)
(ca) “trading in spot and derivatives energy markets leading to false price signals as well as the build up of asset bubbles”;
Amendment 33 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point j
Article 1 – paragraph 1 – point 2 – point j
Regulation (EU) No 1227/2011
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
(18a) ‘asset bubble’ means the decoupling from the physically available electricity and gas in the market from the trade volumes contracted;
Amendment 34 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point j
Article 1 – paragraph 1 – point 2 – point j
Regulation (EU) No 1227/2011
Article 2 – paragraph 1 – point 18 b (new)
Article 2 – paragraph 1 – point 18 b (new)
(18b) “over the counter (OTC) wholesale energy contract” means a wholesale energy contract the execution of which takes place bilaterally between market participants or via a broker and not on an energy exchange;
Amendment 45 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1227/2011
Article 4a – paragraph 4a (new)
Article 4a – paragraph 4a (new)
4a. Where ACER finds that an IIP has committed an infringement of requirements provided for in paragraphs 1 to 3 of this Article, it shall take one or more of the following actions: (a) adopt a decision requiring the person to bring the infringement to an end; (b) adopt a decision imposing fines with a maximum amount of EUR 200 000 or the corresponding value in the national currency in the Member States whose currency is not the euro; (c) issue public notices.
Amendment 53 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 1227/2011
Article 5b (new)
Article 5b (new)
Amendment 54 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1227/2011
Article 7 – paragraph 1
Article 7 – paragraph 1
1. ACER shall monitor trading activity in wholesale energy products, including OTC transactions, as well as in emission allowances and in oil and coal markets to detect and prevent trading based on inside information and market manipulation or attempts thereof, as well as to analyse links between such trading and the events occuring in the related energy product markets. It shall collect the data for assessing and monitoring wholesale energy markets as provided for in Article 8.;
Amendment 55 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1227/2011
Article 7 – paragraph 1a (new)
Article 7 – paragraph 1a (new)
1a. The Agency shall have access to information on the physical reality of grids, pipelines and storage facilities, in order to allow it to proceed to market design, identify bottlenecks, codify capacities and agree on algorithms for grid availability that would ensure fully transparent market conditions
Amendment 57 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) No 1227/2011
Article 9a – paragraph 3a (new)
Article 9a – paragraph 3a (new)
3a. Where ACER finds that an RRM has committed one of the infringements of requirements provided for in paragraphs 1 to 3 of this Article, it shall take one or more of the following actions:(a) adopt a decision requiring the person to bring the infringement to an end; (b) adopt a decision imposing fines with a maximum amount of EUR 200 000 or the corresponding value in the national currency in the Member States whose currency is not the euro; (c) issue public notices.
Amendment 65 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EU) No 1227/2011
Article 7– paragraph 3 –subparagraph 1
Article 7– paragraph 3 –subparagraph 1
(7 a) In Article 7(3), subparagraph 1 is replaced by the following: “3. The Agency shall at least on an annual basis submit a report to the Commission on its activities under this Regulation and make this report publicly available. In such reports the Agency shall assess the operation and transparency of different categories of market places and ways of trading and may make recommendations to the Commission as regards market rules, standards, and procedures which could improve market integrity and the functioning of the internal market. It shall also assess the potential build up of asset bubbles in wholesale energy markets. It may also evaluate whether any minimum requirements for organised markets could contribute to enhanced market transparency. Reports may be combined with the report referred to in Article 11(2) of Regulation (EC) No 713/2009”.