37 Amendments of Takis HADJIGEORGIOU related to 2009/0108(COD)
Amendment 24 #
Proposal for a regulation
Recital 4
Recital 4
(4) However, under the current measures regarding the security of gas supply that have been taken at Community level, Member States still enjoy a large margin of discretion as to the choice of measures. Where the security of supply of a Member State is threatened, there is a clear risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the internal gas market. Recent experience has demonstrated the reality of that risk. To To allow the internal gas market to function even in the face of a shortage of supply, it is therefore necessary to provide for a more coordinated response to supply crises, both concerning preventive action and the reaction to concrete disruptions of supply. However, it is critically important that Member States should retain responsibility for their security of supply and should continue to be able to develop measures according to their special characteristics.
Amendment 25 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Recognising the central role played by international cooperation in ensuring security of gas supply for the citizens of the EU Member States, all relevant EU policies and Action Plans must be based on the principle of mutual respect with the third countries involved; a resolution of any problems that may arise should be sought through political dialogue and negotiations.
Amendment 28 #
Proposal for a regulation
Recital 16
Recital 16
(16) Sufficiently harmonised security of supply standards covering at least the situation that occurred in the January 2009, taking into account the difference between Members States, should be defined, without imposing unreasonable and disproportionate burdens on natural gas undertaking including new entrants and small undertakingstaking into account also the fact that Member States are primarily responsible for supervision of the internal gas market.
Amendment 35 #
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 Commission 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 Community. The Commission should be entitled to deploy a task forcebe able to deploy an advisory body to monitor gas flows in crisis situations within and, in consultation with the third countries involved, outside the Community and, where a crisis arises due to difficulMember States concerned, and to participate in meetings with the competent authorities in aof third country, to assume a mediation and facilitation roleies involved when this is deemed necessary.
Amendment 38 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Security of gas supply is a task of the natural gaprimarily of the Member States uandertakings, the Competent Authorities of the Member States, the industrial gas customers, and the Commission. Security of gas supply is also a task of the natural gas undertakings and the industrial gas customers within their respective areas of responsibility. It requires a high degree of cooperation between them.
Amendment 45 #
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 risk 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 Community law, it shall requiremay recommend the revision of the Plan. Within 2 months from notification of the Commission request, the Competent Authority concerned shall 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 Authoritycommendation. However, the final decision shall complylie with the Commission's request within 3 months after notification of the Commission's decisionMember States.
Amendment 45 #
Proposal for a regulation
Recital 4
Recital 4
(4) However, under the current measures regarding the security of gas supply that have been taken at CommunityUnion level, Member States still enjoy a large margin of discretion as to the choice of measures. Where the security of supply of a Member State is threatened, there is a clear risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the internal gas market. Recent experience has demonstrated the reality of that risk. To allow the internal gas market to function even in the face of a shortage of supply, it is therefore necessary to provide for a more coordinated response to supply crises, both concerning preventive action and the reaction to concrete disruptions of supply. However it is critical not to jeopardise the ability of Member States to develop measures according to their specific characteristics.
Amendment 48 #
Proposal for a regulation
Article 9 – paragraph 1 – point 3
Article 9 – paragraph 1 – point 3
Amendment 48 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
Amendment 50 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
Amendment 53 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. In a Community Emergency, the Commission shall coordinate the actions of the Competent Authorities, without undermining the right of Member States to be responsible for their security of supply. In particular the Commission shall ensurcourage the exchange of information, ensure and the consistency and effectiveness of the actions at Member State and regional level in relation to the Community 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, in consultation with them.
Amendment 56 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. When the Commission considers that in a Community 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 propose to the Competent Authority or natural gas undertaking tohat it change its action. Within three daysa reasonable period of time 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 57 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. The Commission shall establish a permanent reserve list for a monitoring task force consisting of industry experts and representatives of the Commission. all Member States. This monitoring task force may be deployed when necessary and shall monitor and report on the gas flows within and outside the Community, in each case in cooperation with the supplying and transiting countries.
Amendment 62 #
Proposal for a regulation
Article 12 – paragraph 6 – point a
Article 12 – paragraph 6 – point a
a) Member States shall submit toould inform the Commission about the existing inter- governmental agreements concluded with third countries which have an impact on the development of gas infrastructures and supplies; beforeafter concluding new inter- governmental agreements, the Member States shall inform the Commission to assess their compliance with the internal market legislation;
Amendment 66 #
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 totake into consideration the national characteristics of each Member State in the field of gas and provide instruments which would be ubased when markets 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 disruptionon safeguarding consumer protection and would give priority to mitigating the effects of the supply disruption. However the Member States will continue to be responsible for their security and will enjoy considerable flexibility in the choice of arrangements and instruments to ensure security of supply.
Amendment 73 #
Proposal for a regulation
Recital 14
Recital 14
(14) The completion of the internal gas market and effective competition within that market offers the Community the highest level of security of supply for all Member States, provided that the market is allowed to work fully, and safeguards consumers’ interests in case of disruption of supply affecting a part of the Community, 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 the market, avoiding market distortions and undermining of market responses to disruptionsneeds and the protection of consumers through controls on prices which, in periods of crisis, tend to increase very sharply owing to reduced supply and increased demand (law of supply and demand).
Amendment 83 #
Proposal for a regulation
Recital 19
Recital 19
(19) A large choice of instruments is available to comply with security of supply obligations. These instruments should be used in a national, regional and Community context, as appropriate, so as to provide security primarily for consumers and to ensure that they deliver a consistent and cost-effective result.
Amendment 93 #
Proposal for a regulation
Recital 29
Recital 29
Amendment 98 #
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 CommunityUnion, the Commission shcould 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 Community. The Commission should be entitled to deploy a taskundertake to deploy an advisory force to monitor gas flows in crisis situations within and,the Union in consultation with the third countries involved, outside the Communand after the permission of the Member State concerned and, outside the Union in consultation wityh and, where a crisis arises due to difficulties in a third country, to assume a mediation and facilitation role after the permission of the third countries involved.
Amendment 107 #
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30α) Calls on the Commission to draw up a proposal to protect consumers effectively as a preventive measure from any price agreements between the economic bodies involved.
Amendment 111 #
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 always taking the benefit of consumers as a criterion and providing for a clear definition and attribution of responsibilities and for a coordination of the response with transparent procedures at the level of the Member States and the Community regarding both preventive action and the reaction to concrete disruptions of supply.
Amendment 125 #
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
(1) "protected customers" means all household customers, small and medium- sized enterprises, schools and hospitals 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 hospitalsany other customers in the public interest provided that they are already connected to a gas distribution network;
Amendment 130 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Security of gas supply is a task of the natural gaprimarily of the Member States uandertakings, the Competent Authorities of the Member States, the industrial gas customers, and the Commission. Security of gas supply is also a task of the natural gas undertakings and the industrial gas customers within their respective areas of responsibility. It requires a high degree of cooperation between them.
Amendment 147 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The measures to ensure the security of supply shall be clearly defined, transparent, proportionate, non-discriminatory, verifiable, and shall not unduly distort competition and the effective functioning of the internal markettake into account the economic interests of consumers.
Amendment 203 #
Proposal for a regulation
Article 4 – paragraph 6 – subparagraph 1
Article 4 – paragraph 6 – subparagraph 1
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 Community law, it shall require the revision of the Plan. However, Member States must have the final say.
Amendment 217 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Preventive Action Plan shall take into account economic effectiveness, effects on the functioning of the internal energy market andthe special characteristics of Members States, the impact on consumers and the environmental impact.
Amendment 309 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The Competent Authority shall ensure that conditions for supplies to protected customers are established without prejudice to the proper functioning of the internal gas market, without decreasing the protection of the economic interests of consumers and at a price respecting the marketreal commercial value of the commodity.
Amendment 345 #
Proposal for a regulation
Article 9 – paragraph 1 – point 3
Article 9 – paragraph 1 – point 3
(3) DefineSuggest a definition of the role and responsibilities of the Competent Authority. However Member States will continue to supervise their security of supply and will continue to have the right to choose arrangements and instruments to ensure their security of supply;
Amendment 348 #
Proposal for a regulation
Article 9 – paragraph 1 – point 5
Article 9 – paragraph 1 – point 5
Amendment 370 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
Amendment 401 #
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, without undermining the right of Member States to be responsible for their security of supply. In particular the Commission shall ensurcourage 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, in consultation with them.
Amendment 418 #
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 shall requiremay propose that the Competent Authority or natural gas undertaking to change its action.
Amendment 419 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
Within three days froma reasonable period of time after 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.
Amendment 420 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 3
Article 10 – paragraph 4 – subparagraph 3
Amendment 432 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. The Commission shall establish a permanent reserve list for a monitoring task force consisting of industry experts and representatives of the Commissionall Member States. This monitoring task force may be deployed when necessary and shall monitor and report on the gas flows within and outside the Community,Union, always in cooperation with the supplying and transiting countries.
Amendment 435 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A Ggas 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 Authoritiall the Member States, ACER, ENTSO-G and representative bodies of the industry concerned and relevant customers. 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 procedureIt shall be ensured that all Member States are represented.
Amendment 475 #
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; beforeafter concluding new inter- governmental agreements, the Member States shall inform the Commission to assess their compliance with the internal market legislation;