90 Amendments of Lara COMI related to 2009/0108(COD)
Amendment 51 #
Proposal for a regulation
Recital 8
Recital 8
(8) The failure of the largest single gas infrastructure or gas supply source, the so- called N-1 principle, ismay well be a realistic scenario. Using tThe failure of such infrastructure or supply source as a benchmark of what Member States should be able to compensate is a valid starting point for ensuring theiris one of the scenario analyses that may help in evaluating a Member State’s security of gas supply.
Amendment 56 #
Proposal for a regulation
Recital 9
Recital 9
(9) Sufficient gas infrastructure within a Member State and across the CommunityUnion is essential for tackling supply interruptions. CommonRisk and impact assessments based on a common methodology should ensure effective and efficient implementation of minimum criteria on security of gas supply should ensureand a level playing field for security of gas supply while taking into account national or regional specificities and should create significant incentives to build the necessary infrastructure and to improve the level of preparedness in case of crisis. Demand side measures such as fuel switching may have a valuable role to play in ensuring energy security where they can be applied quickly and reduce gas demand appreciably to react to a supply disruption.
Amendment 67 #
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation should enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with disruptions. It should also provide for emergency mechanisms to be used when markets alone are no longer able to deal adequately with a gas supply disruption. Even in an Emergency, market based instruments should be given priority to mitigate the effects of the supply disruption.
Amendment 68 #
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation should enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with disruptions. It should also provide for emergency mechanisms to be used when markets alone are no longer able to deal adequately with a gas supply disruption. Even in an Emergency, market based instruments should be given priority to mitigate the effects of the supply disruption.
Amendment 74 #
Proposal for a regulation
Recital 14
Recital 14
(14) The completion of the internal gas market and effective competition within that market offers the CommunityUnion the highest level of security of supply for all Member States, provided that the market is allowed to work fully in case of disruption of supply affecting a part of the CommunityUnion, whatever the cause of the disruption. To this end, a comprehensive and effective common approach to security of supply is required, particularly through transparent and non-discriminatory policies compatible with the requirements of thefunctioning of the internal market, avoiding market distortions and the undermining of market responses to disruptions.
Amendment 77 #
Proposal for a regulation
Recital 15
Recital 15
(15) The precise definition of the roles and responsibilities of all natural gas undertakings and Competent Authorities is therefore crucial in maintto avoid conflicting competences and to maintaing the well- functioning of the internal market, particularly in supply disruptions and crisis situations.
Amendment 81 #
Proposal for a regulation
Recital 18
Recital 18
(18) It is important that gas supply is maintained, particularly as regards household customers, as well as other protected customers such as schools and hospitalsto protected customers is maintained, in cases in which the market alone cannot continue to supply them. It is essential that the measures to be taken during a crisis are defined in advance of any crisis.
Amendment 84 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure the highest level of preparedness in case of supply disruption, Emergency Plans should be established by all natural gas undertakings together with the Competent Authoritiethe Competent Authorities, after consultation of the natural gas undertakings. Such plans should be mutually consistent. Their content should follow best practices among existing plans and should define clear roles and responsibilities for all concerned natural gas undertakings and Competent Authorities. Joint emergency plans at regional level, should be established where possible and necessary.
Amendment 88 #
Proposal for a regulation
Recital 23
Recital 23
(23) To strengthen the solidarity between Member States in the case of a CommunityUnion Emergency and in particular to support Member States which are exposed to less favourable geographical or geological conditions, Member States should devise specific measures to exercise solidarity, including measures such as commercial agreements between natural gas undertakings, compensation mechanisms, inc. Natural gas undertakings should devise measures such as commercial agreements, which may comprise increased gas exports or increased releases from storages. It is important to encourage the conclusion of prior arrangements between natural gas undertakings. Natural gas undertakings should always be compensated in a fair and equitable manner for any measures they are asked gas exportto take in preparation for an emergency situation. Obligations for increased releases from storagesolidarity measures should be limited to the supply of household customers. Solidarity measures may be particularly appropriate between Member States for which the Commission recommends the establishment of joint preventive actions plans or emergency plans at regional level.
Amendment 90 #
Proposal for a regulation
Recital 23
Recital 23
(23) To strengthen the solidarity between Member States in the case of a CommunityUnion Emergency and in particular to support Member States which are exposed to less favourable geographical or geological conditions, Member States should devise specific measures to exercise solidarity, including measures such as commercial agreements between natural gas undertakings, compensation mechanisms, increased gas exports or increased releases from storages. Natural gas undertakings should devise measures such as commercial agreements, which may comprise increased gas exports or increased releases from storages. It is important to encourage the conclusion of prior arrangements between natural gas undertakings. Natural gas undertakings should always be compensated in a fair and equitable manner for any measures they are asked to take in preparation for an emergency situation. Solidarity measures may be particularly appropriate between Member States for which the Commission recommends the establishment of joint preventive actions plans or emergency plans at regional level.
Amendment 94 #
Proposal for a regulation
Recital 29
Recital 29
(29) This Regulation aims at empowering natural gas undertakings and Competent Authorities of the Member States to ensure that the internal gas market works effectively for as long as possible in the case of a supply disruption, prior to measures being taken by Competent Authorities to address the situation in which the market alone can no longer deliver the required gas supplies. Such exceptional measures should be fully compliant with CommunityUnion rules and should be notified to the Commission and to the Gas Coordination Group.
Amendment 101 #
Proposal for a regulation
Recital 30
Recital 30
(30) Since gas supplies from third countries are central to the security of gas supply of the Community, the CommissionUnion, in the event of a Union Emergency, the Commission, after consultation of the Gas Coordination Group, should coordinate the actions with regard to third countries, working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the CommunityUnion. The Commission, after consultation of the Gas Coordination Group, should be entitled to deploy a task force to monitor gas flows in crisis situations within and, in consultation with the third countries involved, outside the CommunityUnion and, where a crisis arises due to difficulties in a third country, to assume a mediation and facilitation role.
Amendment 102 #
Proposal for a regulation
Recital 30
Recital 30
(30) Since gas supplies from third countries are central to the security of gas supply of the Community, the CommissionUnion, in the event of a Union Emergency, the Commission, after consultation of the Gas Coordination Group, should coordinate the actions with regard to third countries, working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the CommunityUnion. The Commission, after consultation of the Gas Coordination Group, should be entitled to deploy a task force to monitor gas flows in crisis situations within and, in consultation with the third countries involved, outside the CommunityUnion and, where a crisis arises due to difficulties in a third country, to assume a mediation and facilitation role.
Amendment 113 #
Proposal for a regulation
Article 1
Article 1
This Regulation establishes measures aimed at safeguarding the security of gas supply so as to ensure the proper and continuous functioning of the internal market for gas by providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of natural gas undertakings, the Member States and the CommunityUnion regarding both preventive action and the reaction to concrete disruptions of supply.
Amendment 114 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
The measures indicated in paragraph 1 shall apply only in the event of acute crisis situations for which Member States shall design an appropriate national framework to secure gas supply.
Amendment 124 #
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
(1) "protected customers" means all household customers already connected to a gas distribution network, and, if the Member State concerned so decides, can also include small and medium-sized enterprises, schools and hospitals provided that they are already connected to a gas distribution network; , and gas-fired thermal power plants if they are strictly necessary for the supply of electricity to such customers;
Amendment 127 #
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
(1) "protected customers" means all household customers already connected to a gas distribution network, and, if the Member State concerned so decides, can also include : a) small and medium-sized enterprises, schools and hospitals provided that they are already connected to a gas distribution network, and b) electrical power plants for the limited quantity - established by the Competent Authority on a national needs basis - necessary to avoid interruption of electricity to customers in the event of gas supply disruption;
Amendment 138 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Each Member State shall designate a Competent Authority responsible for the implementation of the security of gas supply measures provided inin line with the provisions of this Regulation. The measures shall include the biennial risk and impact assessment, the establishment of the Preventive Action Plans, the establishment of the Emergency Plan, and the continuous monitoring of security of gas supply at national level. Competent Authorities shall cooperate with each other to prevent a supply disruption and to limit damages in case it occurs.
Amendment 142 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission shall ensure coordinate theion among Competent Authorities at the CommunityUnion level through the Gas Coordination Group in particular in the case of a CommunityUnion Emergency.
Amendment 148 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The measures to ensure the security of supply shall be based on the risk and impact assessment carried out according to Article 8, clearly defined, transparent, proportionate, non-discriminatory, verifiable, and shall not unduly distort competition and the effective functioning of the internal market.
Amendment 159 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. By [31 March 2011; 12 months from entry into force] at the latest, on the basis of the risk and impact assessment carried out according to Article 8, the Competent Authority, after consultation of the natural gas undertakings, of gas-powered generators, of the relevant organisations representing the interests of household and industrial customers and of the regulatory authority, where it is not the Competent Authority, shall establish:
Amendment 162 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. By [31 March 2011; 12 months from entry into force] at the latest, on the basis of the risk and impact assessment carried out according to Article 8, the Competent Authority, after consultation of the natural gas undertakings, of the relevant organisations representing the interests of household and industrial customers and of the regulatory authority, where it is not the Competent Authority, shall establish:
Amendment 172 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Before adopting those Plans the Competent Authorities shall exchange information and consult each other and the Commission, the Commission and the Gas Coordination Group to ensure that their Plans and measures are mutually consistent at the appropriate regional level. These consultations shall cover, as a minimum, interconnections, cross-border supplies, storage across borders and the physical capacity to transport gas in both directions.
Amendment 173 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Before adopting those Plans the Competent Authorities shall exchange information and consult each other and, the Commission and the Gas Coordination Group to ensure that their Plans and measures are mutually consistent at the appropriate regional level. These consultations shall cover, as a minimum, interconnections, cross-border supplies, storage across borders and the physical capacity to transport gas in both directions.
Amendment 179 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. During the process mentioned in paragraph 2 the Commission may recommend at which regional level the exchange of information and consultations shall take place. The Commission, after consultation of the European Network of Transmission System Operators for Gas ("ENTSO-G") and the Agency for the Cooperation of Energy Regulators ("ACER")) and the Gas Coordination Group, may also recommend the establishment of a joint Plan at regional level, giving specific indications concerning the allocation of the costs and concerning any grants.
Amendment 182 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. During the process mentioned in paragraph 2 the Commission after consultation with the Gas Coordination Group may recommend at which regional level the exchange of information and consultations shall take place. The Commission, after consultation of the European Network of Transmission System Operators for Gas ("ENTSO-G") and the Agency for the Cooperation of Energy Regulators ("ACER"),Gas Coordination Group may also recommend the establishment of a joint Plan at regional level.
Amendment 187 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
Amendment 191 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Competent Authority shall publish a non confidential version of its Plans, including amended versions according to paragraph 6, and notify them to the Commission and the Gas Coordination Group without delay. .
Amendment 193 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Competent Authority shall publish its Plans, including amended versions according to paragraph 6, and notify them to the Commission and the Gas Coordination Group without delay.
Amendment 196 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Within six months after the notification of the Plans by the Competent Authorities, the Commission shall assess the Plans of all Member States. The Commission shall consult ENTSO-G, ACER, the Gas Coordination Group and other concerned stakeholders on those plans. Where the Commission considers that a Plan is not effective to mitigate the risks as identified in the risk assessment or inconsistent with the risk scenarios or the Plans of other Member States, or that it does not comply with the provisions of this Regulation or other provisions of CommunityUnion law, it shall requirecommend the revision of the Plan. Within 2 months from notification of the Commission's request, the Competent Authority concerned shallmay amend its Plan and notify the amended Plan to the Commission or shall set out to the Commission why it does not agree with the request. In that case, the Commission may amend or withdraw its request. If within 2 months the Commission decides not to amend or withdraw its request, the Competent Authority shall comply with the Commission's request within 3 months after notification of the Commission's decision.
Amendment 200 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Within six months after the notification of the Plans by the Competent Authorities, the Commission shall assess the Plans of all Member States. The Commission shall consult ENTSO-G, ACER, the Gas Coordination Group and other concerned stakeholders on those plans. Where the Commission considers that a Plan is not effective to mitigate the risks as identified in the risk and impact assessment or inconsistent with the risk scenarios or the Plans of other Member States, or that it does not comply with the provisions of this Regulation or other provisions of CommunityUnion law, it shall require the revision of the Plan. Within 2 months from notification of the Commission's request, the Competent Authority concerned shall amend its Plan and notify the amended Plan to the Commission and the Gas Coordination Group or shall set out to the Commission why it does not agree with the request. In that case, the Commission may amend or withdraw its request. If within 2 months, after consultation of the Gas Coordination Group, the Commission decides not to amend or withdraw its request, the Competent Authority shall comply with the Commission's request within 3 months after notification of the Commission's decision.
Amendment 205 #
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. The Competent Authority shall review the preventive action plan and the emergency plan every two years on the basis of altered assessments of the risks affecting the security of gas supply referred to in Article 8.
Amendment 207 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a The joint Plan at regional level established according to paragraph 3 or 4 may be developed by the Competent Authorities concerned after consultation of the regional interests within the Gas Coordination Group.
Amendment 208 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The Preventive Action Plan shall contain: (a) the measures to fulfil the infrastructure and supply standards, as laid down in Articles 6 and 7;ensure security of gas supply, these measures shall include at least information on the plannings to meet the N-1 standard, volumesvolumes and capacities that according to the risk and caimpacitiest assessment are needed to supply the protected customers in the defined high demand periods, the demand side measures and obligations imposed on natural gas undertakings and other relevant bodies; (b) the risk assessment as laid down in Article 8; (c) the preventive measures to address the risks identified; (d) information on the relevant Public Servesults of the risk and impact assessment as laid down in Article Obligations.8;
Amendment 211 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the measures to fulfil the infrastructure and supply standards, as laid down in Articles 6 and 7; these measures shall include at least the planning to meet the N- 1 standard, volumes and capacities needed to supply the protected customers in the defined high demand periods, the demand side measures and diversification of sources of supply, obligations imposed on natural gas undertakings and other relevant bodies;
Amendment 218 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Preventive Action Plan shall be based primarily on market measures to achieve internal security and shall take into account the economic effectiveness, and efficiency of the measures adopted, their effects on the functioning of the internal energy market and the environmental impact.
Amendment 230 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. A derogation from the application of the N-1 standard which is requested by a Competent Authority may be granted if the Commission decides that the standard is not economically sustainable for the individual Member State.
Amendment 233 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Following the recommendation of the Commission referred to in Article 4(3) or in the situation referred to in Article 4(4), the obligcalculation set out in paragraph 1 may be fulfilledcarried out at the regional level. The N-1 standard shall also be considered to be fulfilled whereIn its calculation of the N-1 indicator, the Competent Authority shall be allowed to demonstrates in the Preventive Action Plan referred to in Article 5 that a supply disruption may be sufficiently and timely compensated for by specific measures, including demand side measures.
Amendment 235 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Following the recommendation of the Commission referred to in Article 4(3) or in the situation referred to in Article 4(4), the obligcalculation set out in paragraph 1 may be fulfilledcarried out at the regional level. The N-1 standard shall also be considered to be fulfilled whereIn its calculation of the N-1 indicator, the Competent Authority shall be allowed to demonstrates in the Preventive Action Plan referred to in Article 5 that a supply disruption may be sufficiently and timely compensated for by specific measures, including demand side measures.
Amendment 243 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The methodology for calculating the N-1 standardindicator as provided in Annex I shall be used. It should take into consideration the network configuration and actual gas flows as well as the presence of production and storage capacities. The calculated area as referred to in Annex IThe calculated area as referred to in Annex I shall be defined by the Competent Authority after consultation with the relevant natural gas undertakings and shall be extended to the appropriate regional level, where necessary.
Amendment 249 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Each Competent Authority shall report to the Commission without delay any non- compliance with the N-1 standard, after consultation of the relevant natural gas undertakings, report to the Commission the results of its calculation of the N-1 indicator in accordance with Article 13.
Amendment 255 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The transmission system operators shall enable permanent physical capacity to transport gas in both directions on all interconnectionsIf necessary according to the risk and impact assessment carried out according to Article 8, taking into account technical feasibility and an economic assessment of the costs and benefits to the market, the transmission system operators shall, within twohree years from the entry into force of this Regulation, except in cases where at the request of a Competent Authority, the Commission decides thatnable necessary physical capacity to transport gas in both directions on those interconnections where the addition of a bi-directional flow capacity would not enhance the security of supply of any Member State. Such decision may be reviewed if circumstances change. The level of the bi- directional flow capacity shall be reached in a cost efficient way and at least, in particular during an Emergency. Within that three year period, the gas transmission system operator shall, in accordance with the risk and impact assessment carried out according to Article 8, takeing into account the capacity required to meet the supply standard set in Article 7. Within thatechnical feasibility and an economic assessment of the costs and benefits two year period, the gas transmission system operator shallthe market, adapt the functioning of the transmission system as a whole so as to enable bi-directional gas flows.
Amendment 261 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The transmission system operators shall enable permanent physical capacity to transport gas in both directions on all interconnectionthe interconnections considered as essential to ensuring security of supply and following the outcome of an impact assessment study on possible risks for infrastructures importing gas from third countries within two years from the entry into force of this Regulation, except in cases where at the request of a Competent Authority, the Commission decides that the addition of a bi-directional flow capacity would not enhance the security of supply of any Member State. Such decision may be reviewed if circumstances change. The level of the bi- directional flow capacity shall be reached in a cost efficient way and at least take into account the capacity required to meet the supply standard set in Article 7. Within that two year period, the gas transmission system operator shall adapt the functioning of the transmission system as a whole so as to enable bi- directional gas flows.
Amendment 281 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. National Regulatory Authorities shall duly take into account the costs of fulfilling the N-1 standard and the costs of enabling the permanent physical capacity to transport gas in both directions in their approval of tariffs in a transparent and detailed manner, reflecting costs incurred in a clear and identifiable manner and in line with Article 41(8) of Directive […/…2009/73/EC]. In the case of costs incurred in more than one Member State, the Agency for the Cooperation of Energy Regulators with the national regulatory authorities of all Member States concerned shall jointly decide on cost allocation. Article 8(1) of Regulation (EC) No …/…715/2009 shall apply.
Amendment 285 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Competent Authority shall take the measures to ensure the gas supplyIn carrying out the risk and impact assessment defined in Article 8, the Competent Authority shall use a common methodology, which shall include the following indicators for the supply of gas to the protected customers of the Member State in the: a) supplies in case of: a) extremely cold average temperatures during a seven days peak period statistically occurring once every twenty years; and b) supplies in case of any period of sixthirty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years.
Amendment 288 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Competent Authority shall take the measures to ensureIn carrying out the risk and impact assessment defined in Article 8, the Competent Authority shall use a common methodology, which shall include the following indicators for the gas supply of gas to the protected customers of the Member State in the: a) supplies in case of: a) extremely cold average temperatures during a seven days peak period statistically occurring once every twenty years; and b) supplies in case of any period of sixthirty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years.
Amendment 301 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 304 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Competent Authorityies shall be allow the natural gas undertakings to meet these criteriaed to calculate these indicators on a regional or CommunityUnion level and they shall not be required tho calculate these standards are met based on infrastructure locatedindicators only within itstheir territory.
Amendment 312 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [30 SeptemberMarch 20101; 612 months after entry into force] each Competent Authority shall fully assess the risks affecting the security of gas supply in its Member State by: a) using the standards specified in Articles 6 and 7; b) taking into account all relevant national and regional circumstances; c)undertake a risk and impact assessment that shall be the basis for: a) the establishment of the risk profile of its Member State, taking into account all relevant national and regional circumstances, b) the establishment of the Preventive Action Plan of its Member State. c) the establishment of the Emergency Plan of its Member State. The Risk and Impact Assessment shall include running various scenarios of exceptionally high demand and/or supply disruption, such as failure of main transmission infrastructures, storages, LNG terminals, and disruption of supplies from third country suppliers; d) identifyingproducers. Account shall be taken of the interaction and correlation of risks with other Member States. The risk and impact assessment shall, amongst other things, be based upon the indicators as laid down in Articles 6(1) and 7(1) of this Regulation. The risk and impact assessment shall take into account technical feasibility and an economic assessment of the costs and benefits to the market. This shall in particular be the case prior to any potential extension at national level of the scope of protected consumers, beyond households.
Amendment 313 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [30 SeptemberMarch 20101; 612 months after entry into force] each Competent Authority shall fully assess the risks affecting the security of gas supply in its Member State by: a) usingundertake a risk and impact assessment that shall be the basis for a) the estandards specified in Articles 6 and 7; b)blishment of the risk profile of its Member State, taking into account all relevant national and regional circumstances; c)b) the establishment of the Preventive Action Plan of its Member State; c) the establishment of the Emergency Plan of its Member State. The Risk and Impact Assessment shall include running various scenarios of exceptionally high demand and/or supply disruption, such as failure of main transmission infrastructures, storages, LNG terminals, and disruption of supplies from third country suppliers; d) identifyingproducers. Account shall be taken of the interaction and correlation of risks with other Member States. The risk and impact assessment shall, amongst other things, be based upon the indicators as laid down in Articles 6(1) and 7(1) of this Regulation. The risk and impact assessment shall take into account technical feasibility and an economic assessment of the costs and benefits to the market. This shall in particular be the case prior to any potential extension at national level of the scope of protected consumers, beyond households.
Amendment 325 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Following the recommendation of the Commission as referred to in Article 4(3) or in the situation referred to in Article 4(4), the obligations set out in this article may be fulfilled at the regional level.
Amendment 327 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Following the recommendation of the Commission as referred to in Article 4(3) or in the situation referred to in Article 4(4), the obligations set out in this article may be fulfilled at the regional level.
Amendment 332 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The natural gas undertakings, gas- powered generators, the relevant organisations representing the interests of household and industrial customers and the regulatory authority, where it is not the Competent Authority, shall cooperate and provide all necessary information for the risk and impact assessment.
Amendment 333 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The natural gas undertakings, the relevant organisations representing the interests of household and industrial customers and the regulatory authority, where it is not the Competent Authority, shall cooperate and provide all necessary information for the risk and impact assessment.
Amendment 335 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The risk and impact assessment shall be repeated every two years before 30 September of that year.
Amendment 337 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The risk and impact assessment shall be repeated every two years before 30 September of that year.
Amendment 352 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The three main crisis levels shall be as follows: (1) Early warning level (Early Warning): when there is concrete, serious and reliable information, possibly triggered by an Early Warning Mechanism, that an event may occur which will deteriorate the supply conditions suggesting that supply conditions could deteriorate in the near term. The market is expected to solve the problem without the intervention of the Competent Authority; (2) Alert level (Alert): when a supply disruption or exceptionally high demand occurs but t, the scale of which does not yet warrant the declaration of an Emergency under point (3). The market is still ableexpected to resolve the situationproblem without the intervention of the Competent Authority; (3) Emergency level (Emergency): whena supply disruption or an exceptionally high demand occurs or when there is a disruption of the supply through or from the largest infrastructure or source and there is a credible risk that the supply standard to the protected customerand there is evidence that market-based mechanisms alone can no longer ensure supplies to protected customers. The Competent Authority is required to intervene within the framework of the Emergency Plan. Market-based mechanisms cand no longer be met with market based instruments alonn- market-based mechanisms may operate alongside each other in this phase.
Amendment 362 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Competent Authority shall immediately inform the Commission and the Gas Coordination Group and provide ithem with all the necessary information when it declares any of the crisis levels. In the event of an eEmergency which may result in a call for assistance from the EU and its Member States the Competent Authority of the Member State concerned shall without delay notify the Commission’s Civil Protection Monitoring and Information Centre.
Amendment 365 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Competent Authority shall immediately inform the Commission and the Gas Coordination Group and provide ithem with all the necessary information when it declares any of the crisis levels. In the event of an emergency which may result in a call for assistance from the EU and its Member States the Competent Authority of the Member State concerned shall without delay notify the Commission’s Civil Protection Monitoring and Information Centre.
Amendment 374 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The Commission shall verify within one weekfour days whether the declaration of an Emergency is justified and whether it does not impose an undue burden on the natural gas undertakings and on the functioning of the internal market. The Commission may seek the advice of the Gas Coordination Group in this matter. The Commission may, in particular, ask the Competent Authority to modify measures imposing an undue burden on natural gas undertakings and to lift its declaration of Emergency if the Commission considers it not or no longer justified.
Amendment 378 #
Proposal for a regulation
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6a. Measures imposed in case of Emergency, including at the regional or Union level, shall ensure fair and equitable compensation in favour of the natural gas undertakings affected by the measures.
Amendment 381 #
Proposal for a regulation
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6a. Measures imposed in case of Emergency, including at the regional or Union level, shall ensure fair and equitable compensation in favour of the natural gas undertakings affected by the measures.
Amendment 382 #
Proposal for a regulation
Article 9 – paragraph 6 b (new)
Article 9 – paragraph 6 b (new)
6b. The Emergency Plan shall be updated every two years on the basis of the results of the risk assessment referred to in Article 8.
Amendment 388 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission, after consulting the Gas Coordination Group, may declare a CommunityUnion Emergency at the request of oneat least two Competent Authorityies in the affected region or when the CommunityUnion loses more than 120% of its daily gas import from third countries as calculated by ENTSO-G. Iompared to planned import volumes as estimated by ENTSO-G. After consulting the Gas Coordination Group, it shall declare a CommunityUnion Emergency where more than onetwo Competent Authorityies hasve declared Emergency following the verification in accordance with Article 9(6). It may declare a CommunityUnion Emergency for specifically affected geographical regions comprising more than one Member State.
Amendment 399 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Commission shall convene the Gas Coordination Group as soon as it declares Communitya Union Emergency.
Amendment 404 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. In a CommunityUnion Emergency, the Commission shall ensure coordinate theion of the emergency actions of the Competent Authorities. In particular the Commission shall ensure the exchange of information, ensure the consistency and effectiveness of the actions at Member State and regional level in relation to the CommunityUnion level, and shallmay ensure coordinateion of the actions with regard to third countries. The Commission may convene a crisis management group composed in particular of representatives of the industry and the Member States concerned by the Emergency.
Amendment 406 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. In a CommunityUnion Emergency, the Commission shall coordinate the actions of the Competent Authorities after consultation with the Gas Coordination Group. In particular the Commission shall ensure the exchange of information, ensure the consistency and effectiveness of the actions at Member State and regional level in relation to the CommunityUnion level, and shall coordinate the actions with regard to third countries. The Commission may convene a crisis management group composed in particular of representatives of the industry and the Member States concerned by the Emergency.
Amendment 410 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. When the Commission considers that in a CommunityUnion Emergency, an action taken by a Competent Authority or natural gas undertakings is inappropriate to deal with the Emergency, or that it seriously endangers the situation in another Member State, the Commission shall require the Competent Authority or natural gas undertaking to change its action. Within three days from notification of the Commission's request, the Competent Authority concerned shall change its action and notify the Commission or shall set out to the Commission why it does not agree with the request. In that case, the Commission may amend or withdraw its request. If, within three days, the Commission decides not to amend or withdraw its request, the Competent Authority shall comply with the Commission's request without delamay issue an opinion to the Competent Authority.
Amendment 411 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. When the Commission considers that in a CommunityUnion Emergency, an action taken by a Competent Authority or natural gas undertakings is inappropriate to deal with the Emergency, or that it seriously endangers the situation in another Member State, the Commission shall requiremay recommend the Competent Authority or natural gas undertaking to change its action. Within three days from notification of the Commission's request, the Competent Authority concerned shall change its action and notify the Commission or shall set out to the Commission why it does not agree with the request. In that case, the Commission may amend or withdraw its request. If, within three days, the Commission decides not to amend or withdraw its request, the Competent Authority shall comply with the Commission's request without delay.
Amendment 414 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
4. When the Commission considers that in a CommunityUnion Emergency, an action taken by a Competent Authority or natural gas undertakings is inappropriate to deal with the Emergency, or that it seriously endangers the situation in another Member State, the Commission, after duly taking into account the opinion of the Gas Coordination Group, shall require the Competent Authority or natural gas undertaking to change its action.
Amendment 427 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. The Commission, after duly taking into account the opinion of the Gas Coordination Group, shall establish a permanent reserve list for a monitoring task force consisting of industry experts and representatives of the Commission. This monitoring task force may be deployed when necessary and shall monitor and report on the gas flows within and outside the CommunityUnion, in cooperation with the supplyproducing and transiting countries.
Amendment 429 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. The Commission, after duly taking into account the opinion of the Gas Coordination Group, shall establish a permanent reserve list for a monitoring task force consisting of industry experts and representatives of the Commission. This monitoring task force may be deployed when necessary and shall monitor and report on the gas flows within and outside the CommunityUnion, in cooperation with the supplyproducing and transiting countries.
Amendment 434 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A Gas Coordination Group is established to facilitate the coordination of measures concerning the security of supply. The Group shall be composed of representatives of the Competent Authorities, ACER, ENTSO-G and representative bodies of the industry concerned and relevant customers, and representatives of the power generation industry. The Commission shall decide on the composition of the Group ensuring its representativity and shall chair the Group. The Group shall establish its rules of procedure.
Amendment 436 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. The Group shall ensure that all the parties concerned are represented on the basis of the specificity of the safety issues or, in the event of an emergency, in relation to the regions involved in the emergency procedure.
Amendment 437 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. TIn accordance with the provisions of this Regulation, the Gas Coordination Group shall assistclosely cooperate with the Commission in particular on issues related to:
Amendment 439 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. TIn accordance with the provisions of this Regulation, the Gas Coordination Group shall assistclosely cooperate with the Commission in particular on issues related to:
Amendment 442 #
Proposal for a regulation
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
(d) the level of security of supply, benchmarks and risk and impact assessment methodologies;
Amendment 444 #
Proposal for a regulation
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
(d) the level of security of supply, benchmarks and risk and impact assessment methodologies;
Amendment 448 #
Proposal for a regulation
Article 11 – paragraph 2 – point g
Article 11 – paragraph 2 – point g
(g) review and implementation of the Plans;
Amendment 450 #
Proposal for a regulation
Article 11 – paragraph 2 – point g
Article 11 – paragraph 2 – point g
(g) review and implementation of the Plans;
Amendment 455 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. Only non-confidential versions of information shall be submitted to the Gas Coordination Group in the application of this Regulation.
Amendment 457 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) hourly flow of gas at all cross-border entry and exit points as well as all points connecting a production facility to the network, storage, LNG in mcm/dthe transmission network to a production facility, storage facility or LNG terminal;
Amendment 460 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) hourly flow of gas at all cross-border entry and exit points as well as all points connecting a production facility to the network, storage, LNG in mcm/dthe transmission network to a production facility, storage facility or LNG terminal;
Amendment 462 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) period, expressed in days, during which it is possible to ensureexpected that gas supply to the protected customers can be ensured.
Amendment 465 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) period, expressed in days, during which it is possible to ensureexpected that gas supply to the protected customers can be ensured.
Amendment 467 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. After an Emergency, the Competent Authority shall without delay provide to the Commission a detailed assessment of the Emergency and the effectiveness of the implemented measures, including the assessment of economic impact of the Emergency, the impact of the fuel switching on the levels of the emissions, the impact on the electricity sector and the assistance provided to and/or received from the Community and its Member StatesUnion and its Member States. The Commission shall analyse the assessments of the Member States and present its results, in aggregated form, to the Gas Coordination Group.
Amendment 472 #
Proposal for a regulation
Article 12 – paragraph 6 – point a
Article 12 – paragraph 6 – point a
a) Member States shall submit to the Commission the existing inter- governmental agreements concluded with third countries which have an impact on the development of gas infrastructures and supplies; before concluding new inter- governmental agreements, the Member States shall inform the Commission to assess their compliance with the internal market legislation;
Amendment 478 #
Proposal for a regulation
Article 12 – paragraph 6 – point b
Article 12 – paragraph 6 – point b
b) Natural gas undertakingCompetent authorities shall notify the Commission of the following details of the contracts of the natural gas undertakings within their territory concluded with suppliproducers from third countries in aggregated form: - Contract duration and extension provisions; - Contracted volumes in totalavailable, on an annual and monthly basis and the average volume per month; - Flexibility of contracted volumes, including provisions related to take-or- pay obligations. - Contracted delivery points.
Amendment 484 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In addition to the monitoring and reporting obligations provided for in Article 5 of the Gas Directive the Competent Authority shall publish and forward to the Commission a report by 31 July each year containing the following data: (a) calculation of N-1 indicator and data necessary for such calculation, progress made in investments needed to cope with N-1, country specific difficulties encountered in the implementation new alternative solutions; (b); (b) on an aggregated basis, annual amounts, durations and supply country covered by gas supply import contracts; (c) maximal interconnection capacity of each entry and exit points to and from the gas systems; (d) the main elements of the relevant intergovernmental agreements concluded with third countries.
Amendment 487 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Competent Authorities and the Commission shall at all times ensure the confidentiality of commercially sensitive information submitted to them in application of this Regulation.