24 Amendments of Jolanta Emilia HIBNER related to 2011/0300(COD)
Amendment 151 #
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. 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 relybuild 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 176 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
Amendment 189 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) provides rules for cross-border allocation of costs and risk-related incentives for projects of common interestenabling investments with cross-border impact and incentives for infrastructure projects in the priority corridors;
Amendment 219 #
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 Group.
Amendment 232 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Each Group shall draw up its proposed list of projects of common interest according to the process set out in section 2 of Annex III, according toindicating the contribution of each project to the implementingation of the energy infrastructure priority corridors and areas set out in Annex I and according to their fulfilment of the criteria set out in Article 4. Each individual proposal for a project shall require the approval of the Member State(s), to the territory of which the project relates. The Group decides by consensus.
Amendment 237 #
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
For electricity and gas projects falling under the categories set out in points 1 and 2 of Annex II, each Group shall, at the latest six months before the adoption date of the Union-wide list referred to in paragraph 1, submit its proposed list of projects of common interest to the Agency for the Cooperation of Energy Regulators (‘Agency’)Commission. For oil and carbon dioxide transport projects falling under the categories set out in points 3 and 4 of Annex II, each Group shall, at the latest six months before the adoption date of the Union-wide list referred to in paragraph 1, submit its list of projects of common interest to the Commission.
Amendment 245 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 253 #
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1 (new)
Article 3 – paragraph 5 – subparagraph 1 (new)
The Commission shall compile the regional lists of projects of common interest submitted by the Groups into the Union-wide list of projects of common interest. The Commission may remove individual projects from the list only when the respective project promoter requested this or in case the inclusion of the project in the regional list was based on incorrect information which was a determining factor for the decision. The decision of the Commission shall be duly reasoned and delivered to the respective project promoter and the respective Member State(s).
Amendment 345 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. When rankingestablishing the list of projects contributing to the implementation of the same priority corridor, due consideration shall also be given by the Group to the urgency of each proposed project in order to meet the energy policy targets of market integration and competition, 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 378 #
Proposal for a regulation
Article 5 – paragraph 6 – introductory part
Article 5 – paragraph 6 – introductory part
6. If the commissioningimplementation of a project of common interest is delayed by more than twohree years compared to the implementation plan other than for overriding reasons beyond the control of the project promoter or without sufficient justification:
Amendment 390 #
Proposal for a regulation
Article 5 – paragraph 6 – point a
Article 5 – paragraph 6 – point a
(a) The project promoter of that project shall accept investments by one or several other operators or investors to implement the project. The system operator, in whose area the investment is located, shall provide the implementing operator(s) or investor(s) with all information needed to realise the investment, shall connect new assets to the transmission network and shall generally make its best efforts to facilitate the implementation of the investment and the secure, reliable and efficient operation and maintenance of the project of common interestpresent to the Group a revised plan aiming to implement the project in due time.
Amendment 394 #
Proposal for a regulation
Article 5 – paragraph 6 – point b, c and d (new)
Article 5 – paragraph 6 – point b, c and d (new)
(b) the Commission may launch a call for proposals open to any project promoter to build the project according to an agreed timelineinsofar as measures referred to in Article 22(7)(a), (b) or (c) of Directives 2009/72/EC and 2009/73/EC are applicable according to respective national laws, national regulatory authorities shall ensure that the investment is carried out. c) If the measures of national regulatory authorities according to the previous sentence are not sufficient to ensure that the investment is carried out, or are not applicable, the project promoter of that project shall accept financing or construction by one or several third parties to implement the project. The system operator, in whose area the investment is located, shall provide the implementing operator(s) or investor(s) with all information needed to realize the investment, shall connect new assets to the transmission network and shall generally make its best efforts to facilitate the implementation of the investment and the secure, reliable and efficient operation and maintenance of the project of common interest. d) For the application of the provisions in this article, the involvement of other operators can only be done on contractual basis.
Amendment 453 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) coordinated scheme: The comprehensive decision may encompass multiple individual legally binding decisions issued by the Competent Authority and other authorities concerned. The competent authority shall establish, on a case- by-case basis, a reasonable time limit within which the individual decisions must be issued. The competent authority may take an individual decision on behalf of another national authority concerned, if the decision by that authority is not delivered within the time limit and if the delay cannot be adequately justified. The competent authority may overrule an individual decision of another national authority, if it considers that the decision is not sufficiently substantiated with regard to the underlying evidence presented by the authority concerned. The competent authority shall ensure that the relevant requirements under international and Union legislation are respected and must duly justify its decision. The coordinated scheme may only be used for a transitional period not exceeding 10 years after the entry into force of this Regulation. The integrated scheme only shall be applied after this date.
Amendment 467 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. At least one public consultation shall be carried out by the project promoter, or, where this is laid down by national legislation, by the competent authority, before submission of the application file to the competent authority pursuant to paragraph 1(a) of. The public consultation shall inform stakeholders referred to in point 2(a) of Annex VI about the project at an early stage and identify the most suitable location or trajectory and the relevant issues to be addressed in the application file. The minimum modalities of this public consultation are specified in point 4 of Annex VI. A report summarising the results of activities related to the participation of the public prior to the submission of the application file shall be prepared by the project promoter and submitted together with the application file to tThe project promoter shall submit to the competent authority together with the application file a report summarising the results of activities related to the participation of the public and the project promoter's observations about those results. The competent authority, which shall take due account of these results content of the report when taking the comprehensive decision.
Amendment 476 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. The duration of the permit granting process shall consist of two phases and shall not exceed a period of three years:
Amendment 480 #
Proposal for a regulation
Article 11 – paragraph 1 – point a – introductory part
Article 11 – paragraph 1 – point a – introductory part
(a) the pre-applnotification procedure, covering the period between the start of the permit granting process and the acceptance of the submitted application file by the competent authority, shall not exceed two yearsix months.
Amendment 483 #
Proposal for a regulation
Article 11 – paragraph 1 – point a – paragraph 1
Article 11 – paragraph 1 – point a – paragraph 1
For the purpose of establishing the start of the permit granting process, the project promoter(s) shall notify the project to the competent authority of the Member State(s) concerned in written form, and shall include a reasonably detailed outline of the project. No later than two weeks following the receipt of the notification, the competent authority shall accept or, if it considers the project as not mature enough to enter the permit granting process, refuse the notification in written form. In case of a refusal, the competent authority shall justify its decision specify to the applicant all necessary additional information, detailing the nature, source and attributes of the data requested. The date of signature of the acceptance of the notification by the competent authority shall serve as the start of the permit granting process. Where two or more Member States are concerned, the acceptance of the notification by the last competent authority concerned shall serve as the date of the start of the permit granting process.
Amendment 485 #
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) The statutory permit granting procedure, covering the period from the acceptance of the submitted application file until the competent authority takes a comprehensive decision, shall not exceed one year; in justified cases the competent authority may extend this time-limit to a period not exceeding 2 years. Member States may set an earlier date for the time- limit if considered appropriate.
Amendment 490 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Within one month of the start of the permit granting process, pursuant to paragraph 1(a), the competent authority shall identify, in close cooperation with the other authorities concerned, the scope of material and level of detail of information to be submitted by the project promoter, as part of the application file, to apply for the comprehensive decision. The checklist referred to in point 1(e) of Annex VI shall serve as a basis for this identification. At least one meeting between the competent authority and the project promoter, and, if considered appropriate by the competent authority, other authorities and stakeholders concerned shall take place to this aim. A detailed application outline, which shall include the results of this meeting, shall be transmitted to the project promoter and be made available to the public no later than one month after the meeting.
Amendment 501 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Within ontwelve months of the entry into force of this Regulation, the ENTSO for Electricity and the ENTSO for Gas, after formally consulting the organisations representing all relevant stakeholders, shall submit to the Agency and the Commission their respective methodology, including on network and market modellingies, for a harmonised energy system-wide cost- benefit analysis at Union-wide level foto be applied by ENTSOs through their Union-wide ten year network development plans as well as for project-specific analysis to be applied by project promoters for their projects of common interest falling under the categories set out in points 1(a) to (d) and 2 of Annex II. The methodology shall be elaborated in line with the principles laid down in Annex V and be consistent with the rules and indicators set out in Annex IV.
Amendment 517 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Within two weeks of the approval by the Commission, the ENTSO for Electricity and the ENTSO for Gas shall publish their respective methodologyies on their websites. They shall transmit the corresponding input data sets as defined in point 1 of Annex V and other relevant network, load flow and market data in a sufficiently accurate form according to national legislations and relevant confidentiality agreements to the Commission and the Agency, upon request. The data shall be valid at the date of the request. The Commission and the Agency shall ensure the confidential treatment of the data received, by themselves and by any party carrying out analytical work for them on the basis of those data.
Amendment 519 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The methodologyies shall be updated and improved regulif necessarly by following the procedure laid down in paragraphs 1 to 5. The Agency, after formally consulting the organisations representing all relevant stakeholders and the Commission, may request such updates and improvements with due justification and timescalesin line with the publication of the Ten-Year Network Development Plans by following the procedure laid down in paragraphs 1 to 5.
Amendment 522 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
7. The methodologyies shall be applied to the cost-benefit analysis under all subsequent ten-year network development plans for electricity or gas developed by the ENTSOs for Electricity or Gas pursuant Article 8 of Regulation (EC) 714/2009 and Regulation (EC) 715/2009 regarding the energy system- wide cost-benefit analysis at Union-wide level.
Amendment 728 #
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 6, and any other relevant information for the evaluation of the project. The Commission, as chair of the Regional Groups, shall launch a call for proposals for project of common interest status inviting project promoters to propose their projects to be identified as projects of common interest. Each project promoter shall submit an application for selection as project of common interest to the respective Group as indicated in the call for proposals, including the individual cost-benefit analysis related to the project in accordance with Article 12 paragraph 6.