13 Amendments of Gaston FRANCO related to 2009/0108(COD)
Amendment 54 #
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, is a realistic scenario. Using the 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 ensuringan analysis of their security of gas supply of each Member State.
Amendment 82 #
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 87 #
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 137 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Each Member State shall designate a Competent Authorityon transparent terms a Competent Authority independent from the market players and responsible for the implementation of the security of gas supply measures provided in this Regulation. The measures shall include the biennial risk 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 181 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. During the process mentioned in paragraph 2 the Commission, after consultation of the European Network of Transmission System Operators ("ENTSO-G"), the regulators and the gas undertakings 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"),ENTSO- G, the regulators and the gas undertakings may also recommend the establishment of a joint Plan at regional level.
Amendment 190 #
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 198 #
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, after duly taking into account the opinion of the Gas Coordination Group 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 require the revision of the Plan. Within 24 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 24 months the Commission, after consultation of the Gas Coordination Group, 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 343 #
Proposal for a regulation
Article 9 – paragraph 1 – point 2
Article 9 – paragraph 1 – point 2
(2) Define the role and responsibilities of the natural gas undertakings and of the industrial customerall market participants, and their interaction with the Competent Authority and where appropriate with the regulatory authority;
Amendment 375 #
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 377 #
Proposal for a regulation
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6a. Measures imposed in case of an 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 392 #
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 onetwo Competent Authorityies in the affected region or when the CommunityUnion loses more than 10% 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 452 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Only non-confidential versions of information shall be submitted to the Gas Coordination Group in the application of this Regulation.
Amendment 476 #
Proposal for a regulation
Article 12 – paragraph 6 – point b
Article 12 – paragraph 6 – point b
b) Natural gas undertakings shallThe Commission shall determine, in consultation with the Members States and the Gas Coordination Group, the information effectively relevant to assess the security of gas supply. On that basis, the Competent Authorities may notify the Commission of the following details of the contracts concluded by the natural gas undertakings of their respective Member States with suppliers from third countries on an aggregated basis: - Contract duration and extension provisions; - Contracted volumes in total, on an annual basis and the average volume per month; - Flexibility of contracted volumes, including provisions related to take-or- pay obligations. - Contracted delivery points.