2023/0077(COD) Union’s electricity market design
Lead committee dossier:
Progress: Awaiting Parliament's position in 1st reading
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | ITRE |
GONZÁLEZ CASARES Nicolás ( S&D)
|
CARVALHO Maria da Graça ( EPP),
PETERSEN Morten ( Renew),
BLOSS Michael ( Verts/ALE),
BORCHIA Paolo ( ID),
KRASNODĘBSKI Zdzisław ( ECR),
MESURE Marina ( GUE/NGL)
|
| Committee Opinion | BUDG |
VAN OVERTVELDT Johan ( ECR)
|
Niclas HERBST ( PPE)
|
| Committee Opinion | ECON |
SILVA PEREIRA Pedro ( S&D)
|
Philippe LAMBERTS ( Verts/ALE),
Stefan BERGER ( PPE),
Michiel HOOGEVEEN ( ECR)
|
| Committee Opinion | ENVI | ||
| Committee Opinion | IMCO |
CAVAZZINI Anna ( Verts/ALE)
|
Lead committee dossier:
Legal Basis:
TFEU 194-p2
Legal Basis:
TFEU 194-p2Subjects
Events
2024/04/10
Indicative plenary sitting date
2024/01/15
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2023/12/22
CSL - Coreper letter confirming interinstitutional agreement
Documents
2023/09/14
EP - Results of vote in Parliament
Documents
2023/09/14
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71 - vote)
2023/09/11
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2023/07/27
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Industry, Research and Energy adopted the report by Nicolás GONZÁLEZ CASARES (S&D, ES) on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) 2019/943 and (EU) 2019/942 as well as Directives (EU) 2018/2001 and (EU) 2019/944 to improve the Union’s electricity market design.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
The amended text stressed that a well-integrated market should enable the Union to reap the economic benefits of a single energy market in all circumstances, including in the event of an electricity price crisis, guaranteeing security of supply and supporting the decarbonisation process to achieve the objective of climate neutrality.
The Commission should consider strengthening the obligation to make 70% of interconnection capacity available for cross-border trade in order to make the electricity market fit for an energy system primarily based on renewable energy, which requires more and better interconnection to sustain a high security of supply.
Modernising the electricity network
Strengthening the internal energy market and achieving the climate and energy transition objectives require a substantial upgrade of the Union’s electricity network to be able to host substantial increases of renewable capacity, variability on generation amounts, changing electricity flow patterns across Europe and new demand such as electric vehicles and heat pumps.
Any reform of the EU electricity market should contribute to a more integrated European electricity network . Therefore, the Union and Member States should strengthen their cooperation to remove barriers, facilitate financing and accelerate all procedures to ensure that the minimum 15 % electricity interconnection target for 2030 is met.
Anticipatory investment
Regulatory authorities should promote the use of anticipatory investments, encouraging the acceleration of grid development to meet the accelerated deployment of renewable generation and smart electrified demand, such as electric vehicles , charging infrastructure and heat pumps deployment , where applicable, while taking careful consideration of the electricity network needs reflected in national or local development plans for energy, electric transport and heating sectors.
Transmission and distribution system operators should offer the possibility of establishing flexible connection agreements in those areas where there is limited or no network capacity availability for new connections.
Power purchase agreements
Members highlighted the importance of Power Purchase Agreements (PPAs) in providing consumers with stable prices and renewable energy providers with reliable revenues.
Member States should remove barriers and facilitate power purchase agreements (PPAs), in particular renewables power purchase agreements with a view to reaching the objectives set out in their integrated national energy and climate plan with respect to the dimension decarbonisation and to ensure more predictable electricity prices while preserving competitive and liquid electricity markets. In order to ensure the removal of barriers to PPAs, the Commission may draw up specific guidance on how to alleviate administrative obligations and accounting complexities related to PPAs.
By 31 December 2024, the Commission, in cooperation with Nominated Electricity Market Operators should establish a market platform for PPAs, to be used on a voluntary basis, including the optional standardised PPAs while avoiding that such trade lowers liquidity in existing electricity markets. It is necessary to establish an EU database facilitating the collection of relevant information on the PPAs concluded in the Union.
Members backed wider use of so-called ‘ Contracts for Difference ’ (CFDs) to encourage energy investments and suggested leaving the door open for equivalent support schemes after approval by the Commission. They also advocated in favour of ‘non-fossil flexibility’ (the ability of the power grid to adjust to changes in supply and demand without relying on fossil fuels) and flexibility on the demand side.
Better consumer protection
The reform of the organisation of the electricity market should aim to achieve affordable and competitive prices for all consumers. The amended text stressed the need to respect consumer choice, protect domestic consumers from high prices, manipulation and abuse, and to allow consumers to benefit from a variety of contractual offers. Consumers should have the right to fixed price contracts, dynamic price contracts, as well as more information on the options they subscribe to, prohibiting suppliers from unilaterally changing the terms of a contract.
Adequate protection from disconnections
The amended text stated that Member States should prohibit electricity disconnections of vulnerable household customers and customers affected by or at risk of energy poverty, while also ensuring that disconnections are prohibited during ongoing judicial or out-of-court disputes between supplier and customers for a period of eight weeks. Member States should complement those rights with the adoption of specific measures for the winter and summer seasons, to enable household customers to help manage their consumption and avoid high settlement bills.
Moreover, Member States shall also ensure:
- that electricity suppliers regularly invite household customers without smart meters to send self-readings to help them manage their consumption and avoid high settlement bills;
- suppliers do not require household customers unable to pay their energy bills, vulnerable customers and customers affected by or at risk of energy poverty, to use prepayment systems;
- identify appropriate means to guarantee compensation for losses incurred by the relevant suppliers.
Documents
2023/07/19
EP - Vote in committee, 1st reading
2023/07/19
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2023/07/05
CofR - Committee of the Regions: opinion
Documents
2023/06/30
EP - Committee opinion
Documents
2023/06/14
ESC - Economic and Social Committee: opinion, report
Documents
2023/06/12
EP - Specific opinion
Documents
2023/06/08
FR_SENATE - Contribution
Documents
2023/06/05
CZ_SENATE - Contribution
Documents
2023/05/25
EP - Amendments tabled in committee
Documents
2023/05/25
EP - Amendments tabled in committee
Documents
2023/05/25
EP - Amendments tabled in committee
Documents
2023/05/25
EP - Amendments tabled in committee
Documents
2023/05/25
EP - Amendments tabled in committee
Documents
2023/05/23
EP - Specific opinion
Documents
2023/05/15
EP - Committee draft report
Documents
2023/04/20
EP - SILVA PEREIRA Pedro (S&D) appointed as rapporteur in ECON
2023/04/11
EP - GONZÁLEZ CASARES Nicolás (S&D) appointed as rapporteur in ITRE
2023/03/29
EP - Committee referral announced in Parliament, 1st reading
2023/03/28
EP - VAN OVERTVELDT Johan (ECR) appointed as rapporteur in BUDG
2023/03/28
EP - CAVAZZINI Anna (Verts/ALE) appointed as rapporteur in IMCO
2023/03/14
EC - Document attached to the procedure
Documents
2023/03/14
EC - Legislative proposal published
Details
PURPOSE: to revise the Union’s electricity market design to boost renewables, better protect consumers and enhance industrial competitiveness.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: very high prices and volatility in electricity markets have been observed since September 2021. This is mainly a consequence of the high price of gas, which is used as an input to generate electricity. The Russian invasion of Ukraine has also caused uncertainty on the supply of other commodities, such as hard coal and crude oil, used by power-generating installations. This has resulted in substantial additional increases in the volatility of price levels of electricity.
The EU reacted swiftly by introducing a wide range of measures to mitigate the impact of high and volatile wholesale energy prices on households and businesses. However, the European Council has called on the Commission to work on a structural reform of the electricity market, with the dual objective of securing European energy sovereignty and achieving climate neutrality. The proposed reform forms part of the Green Deal Industrial Plan aimed to enhance the competitiveness of Europe's net-zero industry and accelerate the transition to climate neutrality.
CONTENT: the Commission proposal foresees significant revisions to several pieces of EU legislation , notably the Electricity Regulation, the Electricity Directive and the REMIT Regulation. It includes a set of measures aimed to make electricity bills less dependent on fossil fuel prices by creating a buffer between short-term markets and the electricity bills paid by consumers.
Proposal’s objectives
Protecting and empowering consumers
High and volatile prices, such as those seen in 2022 provoked by Russia's energy war against the EU, have put an excessive burden on consumers. To protect them from volatile prices, the proposal will provide for the right to fixed price contacts as well as dynamic price contracts , the right to multiple contracts and to better and clearer contract information. Consumers will be offered variety of contracts that best fits their circumstances. In this way, consumers, including small businesses, can lock in secure, long-term prices to mitigate the impact of sudden price shocks, and/or they may choose to have dynamic pricing contracts with suppliers if they wish to take advantage of price variability to use electricity when it is cheaper (e.g., to charge electric cars or use heat pumps). Such a combination of both dynamic and fixed pricing allows to keep market incentives for consumers to adjust their electricity demand, while providing more certainty also for those who wish to invest in renewable energy sources (rooftop solar panels for instance) and stability of costs.
The protection of vulnerable consumers is also significantly enhanced. Under the proposed reform, Member States will protect vulnerable consumers in arrears from being disconnected. Also, it allows Member States to extend regulated retail prices to households and SMEs in case of a crisis.
The proposal will empower consumers by creating the right to share renewable energy directly , without the need to create energy communities. Greater energy sharing (e.g., sharing surplus roof top solar power with a neighbour) can improve the use made of low cost renewable energy and provide greater access to direct use of renewable energy for consumers who might not otherwise have such access.
Improve competitiveness of EU industry
Over the past year, many companies have struggled with excessively volatile energy price. To enhance the competitiveness of EU industry, the reformed electricity market design would improve access to more stable longer-term contracts and markets. Power purchase agreements ( PPAs ) - long-term private contracts between a generator (typically renewable or low carbon) and a consumer - can protect against price volatility, but they are currently mostly available only to large energy consumers in very few Member States. A barrier to the growth of this market is the credit risk that a consumer will not always be able to buy the electricity over the whole period. To address this, Member States should ensure that instruments to reduce the financial risks associated to off-taker payment default in the framework of PPAs, including guarantee schemes at market prices, are accessible to companies that face entry barriers to the PPA market and are not in financial difficulty.
To stabilise prices , investment support should be structured as “two-way” ( two-way contract for difference ), which set a minimum price but also a maximum price, so any revenues above the ceiling are paid back. The proposal will apply to new investments for the generation of electricity, which include investments in new power-generating facilities.
A further means of guarding against volatile prices is to use long term contracts that lock in future prices (“ forward contracts ”). This market shows low liquidity in many Member States but could be boosted across the EU, so that more suppliers or consumers can guard against excessively volatile prices over longer periods of time. The proposal will create regional reference prices via a hub to increase price transparency and oblige system operators to allow transmission rights longer than a year, so that if a forward contract is between parties across regions or borders, they can ensure transmission of the electricity.
In addition, to ensure markets that behave competitively and prices are set transparently, regulators’ ability to monitor energy market integrity and transparency will be enhanced.
Boost renewables and low carbon investment
The proposal seeks to boost renewable energy investment, in order to ensure that deployment triples, in line with European Green Deal goals. This will be achieved partly by improving the markets for long term contracts. Power purchase agreements and contracts for difference not only provide consumers with stable prices, they also give renewable energy suppliers reliable revenues. This lowers their financial risk and greatly reduces their cost of capital. This creates a virtuous circle where stable revenues lower costs and boost demand for renewable energy.
Renewable energy is also a better investment when its ability to produce power is not curtailed due to technical constraints in the system. The more flexible the system is (generation that can rapidly turn on or off, storage that can absorb or put power onto the system, or responsive consumers who can increase or decrease their demand for power) the more stable prices can be and the more renewable energy the system can integrate. For this reason, the proposal requires Member States to assess their needs for power system flexibility, establish objectives to deliver on these needs. Member States can design or redesign capacity mechanisms in order to promote low-carbon flexibility. Moreover, the proposal opens the possibility for Member States to introduce new support schemes for non-fossil flexibility such as demand side response and storage.
Documents
Documents
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000028
- Results of vote in Parliament: Results of vote in Parliament
- Committee report tabled for plenary, 1st reading: A9-0255/2023
- Committee of the Regions: opinion: CDR2118/2023
- Committee opinion: PE749.215
- Economic and Social Committee: opinion, report: CES1739/2023
- Specific opinion: PE748.960
- Contribution: COM(2023)0148
- Contribution: COM(2023)0148
- Amendments tabled in committee: PE749.126
- Amendments tabled in committee: PE749.127
- Amendments tabled in committee: PE749.128
- Amendments tabled in committee: PE749.130
- Amendments tabled in committee: PE749.133
- Specific opinion: PE747.029
- Committee draft report: PE747.032
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2023)0058
- Legislative proposal published: EUR-Lex
- Legislative proposal published: COM(2023)0148
- Document attached to the procedure: EUR-Lex SWD(2023)0058
- Committee draft report: PE747.032
- Specific opinion: PE747.029
- Amendments tabled in committee: PE749.126
- Amendments tabled in committee: PE749.127
- Amendments tabled in committee: PE749.128
- Amendments tabled in committee: PE749.130
- Amendments tabled in committee: PE749.133
- Specific opinion: PE748.960
- Economic and Social Committee: opinion, report: CES1739/2023
- Committee opinion: PE749.215
- Committee of the Regions: opinion: CDR2118/2023
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000028
- Contribution: COM(2023)0148
- Contribution: COM(2023)0148
Votes
Modification des règlements (UE) 2019/943 et (UE) 2019/942 ainsi que des directives (UE) 2018/2001 et (UE) 2019/944 pour améliorer l'organisation du marché de l'électricité de l'Union - A9-0255/2023 - Nicolás González Casares - Décision d'engager des négociations interinstitutionnelles #
2023/09/14 Outcome: +: 366, -: 186, 0: 18
NI
The LeftA9-0255/2023 – Nicolás González Casares – Rejection – Am 9 #
2024/04/11 Outcome: -: 500, +: 75, 0: 10
A9-0255/2023 – Nicolás González Casares – Provisional agreement – Am 2 #
2024/04/11 Outcome: +: 433, -: 140, 0: 15
| Amendments | Dossier |
| 784 |
2023/0077(COD)
2023/05/25
ITRE
700 amendments...
Amendment 1000 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 a (new) Regulation (EU) 2019/943 Article 21 – paragraph 8 (9a) in Article 21, paragraph 8 is replaced by the following: ‘Capacity mechanisms shall be temporary. They shall be approved by the Commission for no longer than twenty years. They shall be phased out or the amount of the committed capacities shall be reduced on the basis of the implementation plans referred to in Article 20. Member States shall continue to apply the implementation plan after the introduction of the capacity mechanism
Amendment 1001 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 a (new) Regulation (EU) 2019/943 Article 23 Amendment 1002 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 a (new) Regulation (EU) 2019/943 Article 20 – paragraph 3 (9a) Article 20 is amended as follows: [a] in paragraph 3 the following point is added as a new point (a) (a) introducing a capacity mechanism;
Amendment 1003 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 b (new) Regulation (EU) 2019/943 Article 21 (9b) Article 21 is amended as follows: (a) paragraph 1 is replaced by the following: ' To eliminate resource adequacy concerns Member States may introduce capacity mechanisms.' (b) paragraph 3 is replaced by the following: ' Member States may implement different types of capacity mechanisms, such as capacity markets, strategic reserves, reliability options or other types of measures to address resource adequacy concerns.' (c) paragraph 4 is replaced by the following: 'Member States may introduce capacity mechanisms where either the European resource adequacy assessment or the national resource adequacy assessment have identified a resource adequacy concern.' (d) paragraph 5 is replaced by the following: 'Member States may introduce capacity mechanisms before the implementation plan as referred to in Article 20(3) receives an opinion by the Commission as referred to in Article 20(5). (e) paragraphs 7 and 8 are deleted.
Amendment 1004 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 b (new) Regulation (EU) 2019/943 Article 24 Amendment 1005 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 c (new) Regulation (EU) 2019/943 Article 22 – paragraph 4 Amendment 1006 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 c (new) Regulation (EU) 2019/943 Article 22 – paragraph 1 – subparagraph (a) (9c) Article 22 is amended as follows: [a] in paragraph 1 point (a) is deleted.
Amendment 1007 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 d (new) Regulation (EU) 2019/943 Article 26 – paragraph 1 (9d) Article 26 is amended as follows: [a] paragraph 1 is replaced by the following: ' Capacity mechanisms other than strategic reserves and where technically feasible, strategic reserves shall be open to direct cross-border participation of capacity providers located in another Member State or of interconnectors, subject to the conditions laid down in this Article.'
Amendment 1008 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 e (new) Regulation (EU) 2019/943 Article 27 a (new) (9e) the following Article 27a is inserted: Article 27a Complementary extraordinary procurement process of capacity mechanisms 1. If a Member State identifies, in its national resource adequacy assessment in a manner consistent with European resource adequacy assessment, that resource adequacy for a given period cannot be achieved and national security of supply may be endangered, despite having applied the measures outlined in the implementation plan referred to in Article 20(3) and carried out all primary capacity procurement processes as envisaged in an approved capacity mechanism, Member State applying a capacity mechanism other than strategic reserves may request the Commission approve a complementary extraordinary procurement process. 2. The complementary extraordinary procurement process as prescribed in paragraph 1: (a) shall be open to all capacity providers, including generation capacity, energy storage and demand side management resources which meet the necessary criteria to deliver on capacity obligations, but was not eligible to participate in the primary capacity procurement process, (b) shall not grant capacity providers with contracts longer than one year and shall not overlap with remuneration obtained on the basis of the primary capacity procurement process, (c) shall be organised as a competitive bidding process. 3. The Commission shall assess the request of the Member State based on the condition envisaged in paragraph 1 and adopt its decision within 3 months from the date of submission of the request.
Amendment 1009 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a Regulation (EU) 2019/943 Article 50 – paragraph 4 a Transmission system operators shall publish in a clear and transparent manner, information on the capacity available for new connections in their respective areas of operation, including in congested areas
Amendment 1010 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a Regulation (EU) 2019/943 Article 1 – paragraph 1 – point 9 Transmission system operators shall: - publish in a clear and transparent manner
Amendment 1011 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a Regulation (EU) 2019/943 Article 50 Transmission and distribution system operators shall publish in a clear and transparent manner, information on the capacity available for new connections in their respective areas of operation providing information with high resolution and grid granularity, while respecting security classified information and data confidentiality, including in congested areas if flexible energy storage connections can be accommodated, and update that information regularly as close to real time as possible, at least quarterly.
Amendment 1012 #
Transmission system operators shall publish in a clear and transparent manner, information on the capacity available for new connections in their respective areas of operation, including the detailed criteria used to calculate such available capacity such as curtailment assumptions, topological and electrical characteristics of the grid, demand, generation and in congested areas if flexible energy storage connections can be accommodated, and update that information regularly, at least quarterly.
Amendment 1013 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a Regulation (EU) 2019/943 Article 50 – 4 a – Electricity regulation Transmission and distribution system operators shall publish in a clear and transparent manner, information on the capacity available for new connections in their respective areas of operation, including
Amendment 1014 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a Regulation (EU) 2019/943 Article 50 – paragraph 4 a Transmission system operators and distribution system operators shall publish in a clear and transparent manner, information on the capacity available for new connections in their respective areas of operation, including in congested areas if flexible energy storage connections can be accommodated, and update that information regularly, at least quarterly.
Amendment 1015 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a Regulation (EU) 2019/943 Article 50 – paragraph 4 a Transmission system operators shall publish in a clear and transparent manner, information on the capacity available for new connections in their respective areas of operation, including in congested areas if flexible energy storage connections can be accommodated, and update that information regularly, at least
Amendment 1016 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a Regulation (EU) 2019/943 Article 1 – paragraph 1 – point 9 Amendment 1017 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a Regulation (EU) 2019/943 Article 50 – 4 a – Electricity Regulation Transmission and distribution system operators shall also provide clear and transparent information to system users about the status and treatment of their connection requests. They shall provide such information within a period of
Amendment 1018 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a Regulation (EU) 2019/943 Article 50 – paragraph 4 a Transmission system operators and distribution system operators shall also provide clear and transparent information to system users about the status and treatment of their connection requests. They shall provide such information within a period of t
Amendment 1019 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a Regulation (EU) 2019/943 Article 50 – paragraph 4 a Transmission system operators shall also provide clear and transparent information to system users about the status and treatment of their connection requests including renewable generation and storage temporarily connected with a flexible connection. They shall provide such information within a period of three months from the submission of the request
Amendment 1020 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a Regulation (EU) 2019/943 Article 50 Transmission and distribution system operators shall also provide clear and transparent information to system users about the status and treatment of their connection requests. They shall provide such information within a period of three months from the submission of the request
Amendment 1021 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a Regulation (EU) 2019/943 Article 50 – paragraph 4 b (new) 4aa. Member States shall ensure that transmission system operators and distribution system operators develop procedures to guarantee that available grid connection capacity is made accessible to satisfy local interest in the uptake of community-owned generation and energy storage systems, particularly when the production is intended for self- consumption and energy sharing by, or between, the members or shareholders.
Amendment 1022 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a Regulation 2019/943 Article 50 – paragraph 4 a a (new) Amendment 1023 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) 2019/943 Article 1 – paragraph 1 – point 9 3. Distribution
Amendment 1024 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2019/943 (b) b), capacity-allocation and congestion
Amendment 1025 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2019/943 Article 59 – paragraph 1 – point b (b)
Amendment 1026 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2019/943 Article 59 – paragraph 1 – point b (b) , capacity-allocation and congestion- management rules pursuant to Article 6 of Directive (EU) 2019/944 and Articles 7 to 10, 13 to 17, 19 and 35 to 37 of this Regulation, including rules on day- ahead, intraday and forward capacity calculation methodologies and processes, grid models, bidding zone configuration, redispatching and countertrading, trading algorithms, single day-ahead and intraday coupling
Amendment 1027 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2019/943 Article 59(1) – point b (b) , capacity-allocation and congestion- management rules pursuant to Article 6 of Directive (EU) 2019/944 and Articles 7 to 10, 13 to 17, 19 and 35 to 37 of this Regulation, including rules on day- ahead, intraday and forward capacity calculation methodologies and processes, grid models, bidding zone configuration, redispatching and countertrading, trading algorithms, single day-ahead and intraday coupling
Amendment 1028 #
(b) , capacity-allocation and congestion- management rules pursuant to Article 6 of Directive (EU) 2019/944 and Articles 7 to 10, 13 to 17, 19 and 35 to 37 of this Regulation, including rules on day- ahead, intraday and forward capacity calculation methodologies and processes, grid models, bidding zone configuration, redispatching and countertrading, trading algorithms, single day-ahead and intraday coupling
Amendment 1029 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2019/943 Article 59 – paragraph 2 – point a (new) (ba) in Article 59 (2), the following point (a) is added: (a) network connection rules including rules on the connection of transmission- connected demand facilities, transmission-connected distribution facilities and distribution systems, connection of demand units used to provide demand response, requirements for grid connection of system users, requirements for high-voltage direct current grid connection, requirements for direct current-connected power park modules and remote-end high-voltage direct current converter stations, and operational notification procedures for grid connection;
Amendment 1030 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 a (new) (13a) in article 69, the following points is added: 3. By 1 July 2025 the Commission shall present a report on the implementation and functioning of Article 21 and Article 22 of this Regulation with a view of the evaluation of markets and system needs to the European Parliament and the Council and accompany it, if appropriate, by a legislative proposal. In this report, the Commission shall consider, inter alia: (a) The suitability of the existing framework for incentivizing investments in flexible capacity that support the further integration of renewables and security of supply. (b) The suitability of the existing framework for compensating operators for offering capabilities and services (fast frequency response, dispatch and operational flexibility, fast ramping resources, inertia, and voltage support) essential to maintaining grid stability. (c) The potential administrative and legal barriers to effectively deploying such mechanisms.
Amendment 1031 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 a (new) (13a) in Article 69, the following paragraph 3 (new) is added: The Commission shall, in close collaboration with ACER, prepare a comprehensive report to assess the effectiveness and impact of this Regulation. In particular, the Commission shall assess: (a) the extent to which this Regulation has affected electricity retail prices for end customers, (b) the impact of passing on lower generation costs of renewable energy, and (c) the necessity of further amending the electricity market design, specifically the Merit-Order Principle. The Commission shall submit the report on its findings to the European Parliament and to the Council, by 30 June 2025. On the basis of this report, the Commission shall, where appropriate, submit to the European Parliament and to the Council a legislative proposal by 31 March 2026.
Amendment 1032 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 a (new) Regulation EU 2019/943 Article 69 – paragraph 1 a (new) (13a) Article 69 is amended as follows: [a] the following paragraph 1a is added: ' By 1 July 2024, the Commission shall submit a report to the European Parliament and to the Council on how the EU State aid framework could be amended to allow Member States to support European electro-intensive industries that are considered strategic within the meaning of article 3 of [insert reference to Critical Raw Materials Act] with high electricity costs. These support mechanisms should be transitional in nature and could include measures such as transitional industrial electricity price schemes at national level.'
Amendment 1033 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 a (new) Regulation (EU) 2019/943 Article 64 – paragraph 5 (new) Amendment 1034 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 a (new) Regulation (EU) 2019/943 Article 61 (13a) Article 61, 4(a) is replaced by the following "(a) details of rules for the trading of electricity implementing Article 6 of Directive (EU) 2019/944 and Articles 5 to 10, 13 to 17, 35, 36 and 37 of this Regulation
Amendment 1035 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 a (new) Regulation (EU) 2019/943 Article 69 – 1 – Electricity Regulation "Article 69 Commission reviews and reports 1. By 1 July 2025, the Commission shall review the existing network codes and guidelines in order to assess which of their provisions could be appropriately incorporated into legislative acts of the Union concerning the internal electricity market and how the empowerments for network codes and guidelines laid down in Articles 59 and 61 could be revised. The Commission shall assess the provisions of Chapter IV and notably Article 20 to 22 on capacity mechanisms. The Commission shall submit a detailed report of its assessment to the European Parliament and to the Council by the same date. By 31 December 2026, the Commission shall, where appropriate, submit legislative proposals on the basis of its assessment. 2. By 31 December 2030 the Commission shall review this Regulation and shall submit a report to the European Parliament and to the Council on the basis of that review, accompanied by a legislative proposal where appropriate.
Amendment 1036 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 a (new) Regulation (EU) 2019/943 Article 71 – Electricity Regulation "Article 71 Entry into force 1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. 2. It shall apply from 1 January 2020. Notwithstanding the first subparagraph, Articles 14, 15, 22(4), 23(3) and (6), 35, 36 and 62 shall apply from the date of entry into force of this Regulation. For the purpose of implementing Article 14(7) and Article 15(2), Article 16 shall apply from that date. This Regulation shall be binding in its entirety and directly
Amendment 1037 #
Proposal for a regulation Article 1 – paragraph 1 a (new) Regulation (EU) 2019/943 Article 3 ‘Article 3 Principles regarding the operation of electricity markets Member States, regulatory authorities, transmission system operators, distribution system operators, market operators and delegated operators shall ensure that electricity markets are operated in accordance with the following principles: (a)
Amendment 1038 #
Proposal for a regulation Article 1 a (new) Amendment 1039 #
Proposal for a regulation Article 2 – paragraph 1 – point -1 (new) Directive (EU) 2019/944 Recital 10 (-1) Recital 10 is replaced by the following "(10) Consumers have an essential role to play in achieving the flexibility necessary to adapt the electricity system to variable and distributed renewable electricity generation. Technological progress in grid management and the generation of renewable electricity has unlocked many opportunities for consumers. Healthy competition in retail markets is essential to ensuring the market-driven deployment of innovative new services and products that address consumers' changing needs and abilities, while increasing system flexibility. However, the lack of real-time or near real-
Amendment 1040 #
Proposal for a regulation Article 2 – paragraph 1 – point -1 a (new) Directive (EU) 2019/944 Recital 10 (-1 a) Recital 10 is replaced by the following: "(10). Consumers have an essential role to play in achieving the flexibility necessary to adapt the electricity system to variable and distributed renewable electricity generation and storage. Technological progress in grid management and the generation and storage of renewable electricity has unlocked many opportunities for consumers. Healthy competition in retail markets is essential to ensuring the market-driven deployment of innovative new services that address consumers' changing needs and abilities, while increasing system flexibility. However, the lack of real-time or near real- time information provided to consumers about their energy consumption has prevented them from being active participants in the energy market and the energy transition. By empowering consumers and providing them with the tools to participate more in the energy market, including participating in new ways, it is intended that citizens in the Union benefit from the internal market for electricity and that the Union's renewable energy targets are attained.
Amendment 1041 #
Proposal for a regulation Article 2 – paragraph 1 – point -1 b (new) Directive (EU) 2019/944 Recital 23 (-1b) Recital 23 is replaced by: "(23) Public service obligations in the form of price setting for the supply of electricity should be used without overriding the principle of open markets in clearly defined circumstances and beneficiaries and should be limited in duration. Such circumstances might occur for example where supply is severely constrained, causing significantly higher electricity prices than normal, or in the event of a market failure where interventions by regulatory authorities and competition authorities have proven to be ineffective. This would disproportionately affect households and, in particular, vulnerable and energy poor customers who typically expend a higher share of their disposable income on energy bills compared to high-income consumers. In order to mitigate the distortive effects of public service obligations in price setting for the supply of electricity, Member States applying such interventions should put in place additional measures, including measures to prevent distortions of price setting in the wholesale market. Member States should ensure that all beneficiaries of regulated prices are able to benefit fully from the offers available on the competitive market when they choose to do so. To that end, those beneficiaries need to be equipped with smart metering systems and have access to dynamic electricity price contracts. In addition, they should be directly and regularly informed of the offers and savings available on the competitive market, in particular relating to
Amendment 1042 #
Proposal for a regulation Article 2 – paragraph 1 – point -1 c (new) Directive (EU) 2019/944 Recital 43 (-1c) Recital 43 is replaced by the following: "(43) Distributed energy technologies and consumer empowerment have made community energy an effective and cost- efficient way to meet citizens' needs and expectations regarding energy sources, services and local participation. Community energy offers an inclusive option for all consumers to have a direct stake in producing, consuming or sharing energy. Community energy initiatives focus primarily on providing affordable energy of a specific kind, such as renewable energy, for their members or shareholders rather than on prioritising profit-making like a traditional electricity undertaking. By directly engaging with consumers, community energy initiatives demonstrate their potential to facilitate the uptake of new technologies and
Amendment 1043 #
Proposal for a regulation Article 2 – paragraph 1 – point -1 d (new) Directive (EU) 2019/944 Recital 61 (-1d) Recital 61 is replaced by the following: "(61)Distribution system operators have to cost-efficiently integrate new electricity generation, especially installations generating and storing electricity from renewable sources, and new loads such as loads that result from heat pumps and electric vehicles. For that purpose, distribution system operators should be enabled, and provided with incentives, to use services from distributed energy resources such as demand response and energy storage, based on market procedures, in order to efficiently operate their networks and to avoid costly network expansions. Member States should put in place appropriate measures such as national network codes and market rules, and should provide incentives to distribution system operators through network tariffs which do not create obstacles to flexibility or to the improvement of energy efficiency in the grid. Member States should also introduce network development plans for distribution systems in order to support the integration of installations generating and storing electricity from renewable energy sources, facilitate the development of energy storage facilities and the electrification of the transport sector, and provide to system users
Amendment 1044 #
Proposal for a regulation Article 2 – paragraph 1 – point -1 e (new) Directive (EU) 2019/944 Recital 86 (-1e) Recital 86 is replaced by the following: "(86) Regulatory authorities should also be granted the power to contribute to ensuring high standards of universal and public service obligations in accordance with market opening, to the protection of vulnerable and energy poor customers, and to the full effectiveness of consumer protection measures. Those provisions should be without prejudice to both the Commission's powers concerning the application of competition rules, including the examination of mergers with a Union dimension, and the rules on the internal market, such as the rules on the free movement of capital. The independent body to which a party affected by the decision of a regulatory authority has a
Amendment 1045 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point a – introductory part (a) points (8), (23) and (49) is replaced by the following:
Amendment 1046 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point a Directive (EU) 2019/944 Article 2 – paragraph 1 – point 8 (8) ‘active customer’ means a final customer, or a group of jointly acting final customers, who participates in flexibility or energy efficiency schemes or sells self- generated electricity or who consumes or stores electricity generated within its premises located within confined boundaries or self-
Amendment 1047 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point a Directive (EU) 2019/944 Article 2 – a – Electricity Directive (8) ‘active customer’ means a final customer,
Amendment 1048 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point a Directive (EU) 2019/944 Article 2 – point 23 (8a) (23) ‘smart metering system’ means an electronic system that is capable of measuring electricity fed into the grid or electricity consumed from the grid within a time interval no longer than the imbalance settlement period, providing more information than a conventional meter, and that is capable of transmitting and receiving data for information, monitoring and control purposes, using a form of electronic communication;
Amendment 1049 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point a Directive (EU) 2019/944 Article 2 – point 49 (49) 'non-frequency ancillary service' means a service used by a transmission system operator or distribution system operator for steady state voltage control, fast reactive current injections, inertia for local grid stability, short-circuit current, black start capability, island operation capability
Amendment 1050 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point a Directive (EU) 2019/944 Article 2 – point 49 (49) 'non-frequency ancillary service' means a service used by a transmission system operator or distribution system operator for steady state voltage control, fast reactive current injections, inertia for local grid stability, short-circuit current, black start capability, island operation capability
Amendment 1051 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point b Directive (EU) 2019/944 Article 2 – paragraph 15 a (15a) ‘fixed term, fixed price electricity supply contract’ means an electricity supply contract between a supplier and a final customer that guarantees the same contractual conditions
Amendment 1052 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point b Directive (EU) 2019/944 Article 2 (15a) ‘fixed term, fixed price electricity supply contract’ means an electricity supply contract between a supplier and a final customer that guarantees the same contractual conditions, including the price of the energy component of the bill over the contract duration, while it may, within a fixed price, include a flexible element with for example peak and off peak price variations
Amendment 1053 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point b Directive (EU) 2019/944 Article 2 – 15 a – Electricity Directive (15a) ‘fixed term, fixed price electricity supply contract’ means an electricity supply contract between a supplier and a
Amendment 1054 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point b Directive (EU) 2019/944 Article 2 – point 15 a (15a) ‘fixed term, fixed price electricity supply contract’ means an electricity supply contract between a supplier and a final customer that guarantees the same contractual conditions, and for the whole duration of the contract, including the price, while it may, within a fixed price, include a flexible element with for example peak and off peak price variations;
Amendment 1055 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point b Directive (EU) 2019/944 Article 2 – paragraph 1 – point 10 a (10a) ‘energy sharing’ means the self- consumption by active customers, including members of energy communities, of renewable energy either:
Amendment 1056 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point b Directive (EU) 2019/944 Article 2 – 10 a – Electricity Directive (a) generated or stored offsite or on sites between them
Amendment 1057 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point b Directive (EU) 2019/944 Article 2 – paragraph 1 – point 10 a – point a (a) generated or stored offsite or on sites between them by
Amendment 1058 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point b Directive (EU) 2019/944 Article 2 – paragraph 1 – point 10 a – point b (new) (aa) own, lease, rent in whole or in part, or have requested a third party to build, or maintain, and directly manage on their behalf, to the purpose of enabling and facilitating the energy sharing within the same distribution network area or, where permitted by a Member State, within a neighbouring distribution network area; or
Amendment 1059 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point b Directive (EU) 2019/944 Article 2 – paragraph 1 – point 10 a – point b (b) the right to which has been
Amendment 1060 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point b Directive (EU) 2019/944 Article 2 – 10 b – Electricity Directive Amendment 1061 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point b Directive (EU) 2019/944 Article 2 – paragraph 1 – point 10 b (10b) ‘peer-to-peer trading’ of renewable
Amendment 1062 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point b (COM(2023)0148 – C9–0049/2023 – 2023/0077(COD)) Article 2 – paragraph 24 a (24a) ‘supplier of last resort’ means a supplier who is designated
Amendment 1063 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point b Directive (EU) 2019/944 Article 2 – 58 a (new) (24aa) ‘energy smart products’ means all products and appliances, including those subject to the article 16 point (3) paragraph ‘d’ of EU regulation 2017/1369, which can be activated by users to interact with other products, appliances and systems, including the energy grid itself and electricity market price signals. Energy smart products are able to self-regulate or switch their power consumption patterns, in order to maximize the uptake and self- consumption of renewable energy, lowering the consumers bills and further enabling the active customers to participate to flexibility mechanisms and services.
Amendment 1064 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point b Directive (EU) 2019/944 Annex I – paragraph 5 – section 6 (24aa) Annex I, paragraph 5, section 6 is amended as follows: The disclosure of electricity shall be done by for all energy sources using guarantees of origin, except in the cases referred to in points (a) and (b) of Article 19(8) of Directive (EU) 2018/2001.
Amendment 1065 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point b Directive (EU) 2019/944 Article 2 – point 24 a a (new) (24aa) "On Peak production” means turbine based electricity generation or any electricity generation that is used less than 1000h a year on average.
Amendment 1066 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point b Directive (EU) 2019/944 Article 2 – 60 a (new) Amendment 1067 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 – point b Directive (EU) 2019/944 Article 2 – 60 b (new) (24ac) 'energy poor customers’ means final customer of electricity who is in energy poverty, including energy poor households.
Amendment 1068 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 a (new) Directive (EU) 2019/944 Article 2 – paragraph 1 a (new) (1a) Energy poverty’ means a household’s lack of access to essential energy services that provide for a decent standards of living and health, including adequate heating, hot water, cooling, lighting, and energy to power appliances, in the relevant national context, existing social policy and other relevant policies, caused by a combination of factors, including but not limited to non- affordability, insufficient disposable income, high energy expenditure and poor energy efficiency of homes;
Amendment 1069 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 a (new) Directive (EU) 2019/944 Article 3 – paragraph 2 (1a) Paragraph 2 is replaced by: When developing new interconnectors, Member States shall take into account the minimum 15% electricity interconnection targets set out in point (1) of Article 4(d) of Regulation (EU) 2018/1999. Neighbouring Member States shall collaborate to ensure that electricity interconnections targets are met.
Amendment 1070 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 a (new) Directive (EU) 2019/944 Recital 86 (1a) Recital 86 is replaced by "(86)Regulatory authorities should also be granted the power to contribute to ensuring high standards of universal and public service obligations in accordance with market opening, to the protection of vulnerable customers, and to the full effectiveness of consumer protection measures. Those provisions should be without prejudice to both the Commission's powers concerning the application of competition rules, including the examination of mergers with a Union dimension, and the rules on the internal market, such as the rules on the free movement of capital. The independent body to which a party affected by the decision of a regulatory authority has a right to appeal could be a court or another tribunal that is empowered to conduct a judicial review.
Amendment 1071 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 b (new) Directive (EU) 2019/944 Article 2 – paragraph 1 – point 1 b (new) (1b) (1 b) The following Article 3a is inserted: Article 3a Possibility for States to derogate from market-based nature of electricity generation, distribution and supply. 1. Considering that electricity is an essential good that impacts all social and economic activities, Member States are free to decide to organise both production and supply of electricity as a public monopoly which action shall follow the following principles : (a) Ensuring the transition to a carbon neutral economy; (b) Limiting the impact of electricity production on the environment; (c) Developing the necessary electricity production to address the increase of electricity usage; (d) Lower prices for consumers to preserve their bargaining power and standards of living; (e) Lower prices for companies to protect their competitiveness; (f) Equalisation of electricity prices for all final consumers with exception of energy intensive industries and energy poor households. 2. The pricing system of electricity of a publicly operated monopoly shall be the same for all final consumers and reflect the average cost of production of electricity on the territory of the concerned Member State, including the net cost of imports and exports of electricity, amortization of new infrastructures, applicable taxes and investments in the grid. 3. The aforementioned national public monopoly shall not operate beyond the limit of the Member States in which it has been established and shall not have any other competences than production, storage and supply of electricity. 4. All the profits made by this public monopoly shall be invested in the generation and storage of electricity from renewable sources and adequate on peak generation capacity. 5. The existence of such a monopoly is without prejudice to the duty of Member States to provide, to the extent of their capacity, to other Member States electricity if they require so; to that effect, Member States shall further develop physical interconnexions between Member States. 6. In the framework of this public monopoly, Member States shall authorise physical persons the right to generate electricity for their own needs.
Amendment 1072 #
Amendment 1073 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Directive (EU) 2019/944 Article 4 Amendment 1074 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Directive (EU) 2019/944 Article 4 – paragraph 1 Member States shall ensure that all customers are free to purchase electricity
Amendment 1075 #
Member States shall ensure that all customers are free to purchase electricity from the supplier of their choice. Member States shall ensure that all customers are free to have more than one electricity supply contract or energy sharing agreement at the same time, and that for this purpose customers are entitled to have more than one metering and billing point covered by the single connection point for their premises. Member States shall ensure that active customers engaged in energy sharing are free to choose a third party facilitator, regardless of their supply contract. The development of fixed-term, fixed-price contracts should not exclude or otherwise undermine the possibility of consumers participating in demand response and energy sharing.
Amendment 1076 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Directive (EU) 2019/944 Article 4 – paragraph 1 Member States shall ensure that all customers are free to purchase electricity from the supplier of their choice. Member States shall ensure that all customers are free to have more than one electricity supply contract at the same time, and that for this purpose customers are entitled to have more than one metering and billing point covered by the single connection
Amendment 1077 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Directive (EU) 2019/944 Article 4 Member States shall ensure that all customers are free to purchase electricity from the supplier of their choice. Member States shall ensure that all customers are free to have more than one electricity supply contract at the same time, and that for this purpose customers are entitled to have more than one metering and billing point covered by the single connection point for their premises. Each metering and billing point must be its own separate electrical installation and be clearly separated from other metering and billing points.
Amendment 1078 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Directive (EU) 2019/944 Article 4 – paragraph 1 Member States shall ensure that all customers are free to purchase electricity from the supplier of their choice. Member States shall ensure that all customers are free to have more than one electricity supply contract or an energy sharing agreement at the same time, and that for this purpose customers are entitled to have more than one metering and billing point covered by the single connection point for their premises.
Amendment 1079 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Directive (EU) 2019/944 Article 4 Member States shall ensure that all customers are free to purchase electricity from the supplier of their choice. Member States shall ensure that all customers are free to have more than one electricity supply contract or energy sharing agreement at the same time, and that for this purpose customers are entitled to have more than one metering and billing point covered by the single connection
Amendment 1080 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Directive (EU) 2019/944 Article 4 – paragraph 1 Member States shall ensure that all customers are free to purchase electricity from the supplier of their choice. Member States shall ensure that all customers are free to have more than one electricity supply contract or energy sharing agreement at the same time, and that for this purpose customers are entitled to have more than one metering and billing point covered by the single connection point for their premises.
Amendment 1081 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Directive (EU) 2019/944 Article 4 – paragraph 1 (new) Amendment 1082 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Directive (EU) 2019/944 Article 4 2. Metering arrangements shall ensure that all suppliers operating at a single connection point are treated equally: (a) metering arrangements are approved by grid operator which allow the physical connection point to be split into several energy connection points equally reliable, independent from each other, and with same features and functionalities as single connection points (including balancing responsibility)
Amendment 1083 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 a (new) Directive (EU) 2019/944 Article 10 – paragraph 11 (2a) Article 10 paragraph 11 is replaced by the following : Suppliers shall inform the competent authorities and inform residential customers of the existing support measures before any power reduction. These measures may refer to energy audits, energy consultancy services, alternative payment plans, debt management advice, and do not constitute an extra cost to the customers facing a reduction in power.
Amendment 1084 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 a (new) Directive (EU) 2019/944 (2a) Article 5 (Market-based supply prices) is deleted.
Amendment 1085 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 b (new) Directive (EU) 2019/944 Article 9 Amendment 1086 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 c (new) Directive (EU) 2019/944 Article 10 (2c) In the Article 10 (Basic contractual rights) the following point 13 is added: 13. This article is without prejudice to the possibility of Member States to create a single national electricity supplier according to article 31b (new) of the revised directive
Amendment 1087 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point b Directive (EU) 2019/944 Article 11 – paragraph 1 Amendment 1088 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point b Directive (EU) 2019/944 Article 11 1. Member States shall ensure that the national regulatory framework enables suppliers to offer
Amendment 1089 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point b Directive (EU) 2019/944 Article 11 – paragraph 1 1. Member States shall ensure that the national regulatory framework enables suppliers to offer
Amendment 1090 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point b Directive (EU) 2019/944 Article 11 – paragraph 1 1. Member States shall ensure that the national regulatory framework enables suppliers to offer fixed-term, fixed-price contracts and dynamic electricity price contracts. Member States shall ensure that final customers who have a smart meter installed can request to conclude a dynamic electricity price contract
Amendment 1091 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point b Directive (EU) 2019/944 Article 11 – paragraph 1 1. Member States shall ensure that the national regulatory framework enables suppliers to offer fixed-term, fixed-price contracts and dynamic electricity price contracts. Member States shall ensure that by [date of the entry into force of this Directive] final customers who have a smart meter installed can request to conclude a dynamic electricity price contract and that all final customers can request to conclude a fixed-
Amendment 1092 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point b Directive (EU) 2019/944 Article 11 – 1 – Electricity Directive 1. Member States shall ensure that the national regulatory framework enables suppliers to offer fixed-term, fixed-price contracts and dynamic electricity price contracts. Member States shall ensure that final customers who have a smart meter or a dedicated metering device installed can request to conclude a dynamic electricity price contract and that all final customers can request to conclude a fixed-
Amendment 1093 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point b Directive (EU) 2019/944 Article 11 – paragraph 1 1. Member States shall ensure that the national regulatory framework enables suppliers to offer
Amendment 1094 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point b Directive (EU) 2019/944 Article 11 – paragraph 1 1. Member States shall ensure that the national regulatory framework enables suppliers to offer fixed-term, fixed-price contracts and dynamic electricity price contracts. Member States shall ensure that final customers who have a smart meter installed can request to conclude a dynamic
Amendment 1095 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point b Art. 2 – paragraph 1 – point 3 Article 11b(1) – Regulation (EU) 2019/943 1. Member States shall ensure that the national regulatory
Amendment 1096 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point b Directive (EU) 2019/944 Article 11 – paragraph 1 1. Member States shall ensure that the national regulatory framework enables suppliers to offer fixed-term, fixed-price contracts and dynamic electricity price contracts. Member States shall ensure that all final customers
Amendment 1097 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point b Directive (EU) 2019/944 Article 11 – paragraph 1 a (new) 1a. All final customers can request to conclude a fixed-term, fixed-price electricity price contract of a duration of at least one year, with at least one supplier and with every supplier that has more than 200 000 final customers.
Amendment 1098 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point b Directive (EU) 2019/944 Article 11 – paragraph 1 b (new) 1b. The development of fixed-term, fixed-price contracts should not exclude or otherwise undermine the possibility of consumers to participate in demand response and energy sharing and actively contribute to the achievement of the national system flexibility needs.
Amendment 1099 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point c Directive (EU) 2019/944 Article 11 – paragraph 1 a 1a. Prior to the conclusion or extension of any contract, final customers shall be provided with a summary of the key contractual conditions in a prominent manner and in concise and simple language. This summary shall include at least information on total price, promotions, additional services, discounts contract duration and conditions for termination, including notice period and fees and penalties where relevant; whether the price is fixed or variable, indexed to wholesale prices; one-time payments where relevant, including activation fees and costs for the connection to the network (if applicable); payment frequency and method options; supplier’s contact details such as customer service’s address, telephone number and email, including, where relevant, identification of any intermediary; and include the rights referred to in points (a), (b), (d), (e) and (f) of Article 10(3). The Commission shall provide guidance in this regard.
Amendment 1100 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point c Directive (EU) 2019/944 Article 11 – 1 a – Electricity directive 1a. Prior to the conclusion or extension of any contract, final customers shall be provided with a summary of the key contractual conditions in a prominent manner and in concise and simple language. This summary shall include at least information on total price,
Amendment 1101 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point c Directive (EU) 2019/944 Article 11 – paragraph 1 a (new) 1a. Prior to the conclusion or extension of any contract, final customers shall be provided with a summary of the key contractual conditions in a prominent manner and in concise and simple language. This summary shall include at least information on total price, promotions, additional services, discounts, whether the price is fixed or indexed to wholesale prices, contract duration, conditions for termination, payment frequency and accepted means of payment, supplier’s contact details such as customer service’s telephone number and email, and include the rights referred to in points (a), (b), (d), (e) and (f) of Article 10(3). The Commission shall provide guidance in this regard.
Amendment 1102 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point c Directive (EU) 2019/944 Article 11 – paragraph 1 1a. Prior to the conclusion or extension of any contract, final customers shall be provided with a summary of the key contractual conditions in a prominent manner and in concise and simple language. This summary shall include at least information on total price, promotions, additional services, discounts, whether the price is fixed or indexed to wholesale prices, contract duration, conditions for termination, payment frequency and accepted means of payment, supplier’s contact details such as customer service’s telephone number and email, and include the rights referred to in points (a), (b), (d), (e) and (f) of Article 10(3). The Commission shall provide guidance in this regard.
Amendment 1103 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point c Directive (EU) 2019/944 Article 11 – paragraph 1 a 1a. Prior to the conclusion or extension of any contract or to the agreement to access an energy communities, final customers shall be provided with a summary of the key contractual conditions in a prominent manner and in concise and simple language. This summary shall include at
Amendment 1104 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point c Directive (EU) 2019/944 Article 11 1a. Prior to the conclusion or extension of any contract,
Amendment 1105 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point c Directive (EU) 2019/944 Article 11 – paragraph 1 a 1a. Prior to the conclusion or extension of any contract,
Amendment 1106 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point c Directive (EU) 2019/944 Article 11 – paragraph 1 a Amendment 1107 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point d Directive (EU) 2019/944 Article 11 – 2 – Electricity Directive 2. Member States shall ensure that final customers are fully informed by the suppliers of the opportunities, costs and risks of dynamic electricity price contracts, and shall ensure that suppliers are required to provide information to the final customers accordingly, including with regard to the need to have an adequate electricity meter installed. Regulatory authorities shall monitor the market developments and assess the risks that the new products and services may entail, while including observations from consumer organisations, and deal with abusive practices.
Amendment 1108 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point d Directive (EU) 2019/944 Article 12 – paragraph 3 2a. Article 12(3) By way of derogation from paragraph 2, Member States shall grant suppliers or market participants engaged in aggregation the right to charge customers contract termination fees where those customers voluntarily terminate fixed-term, fixed-price electricity supply contracts before their maturity, provided that such fees are a part of a contract that the customer has voluntarily entered into and that such fees are clearly communicated to the customer before the contract is entered into. Such fees shall be proportionate and shall not exceed the direct economic loss to the supplier or the market participant engaged in aggregation resulting from the customer's termination of the contract, including the costs of any bundled investments or services that have already been provided to the customer as part of the contract. The burden of proving the direct economic loss shall be on the supplier or market participant engaged in aggregation, and the permissibility of contract termination fees shall be monitored by the regulatory authority, or by another competent national authority.
Amendment 1109 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 a (new) Directive (EU) 2019/944 Article 16 " "Article 16 Citizen energy communities 1.Member States shall provide an enabling regulatory framework for citizen energy communities ensuring that: (a) participation in a citizen energy community is open and voluntary; (ab)
Amendment 1110 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 a (new) Directive (EU) 2019/944 Article 11 – paragraph 2 (3a) Article 12 is amended as follows: 2. Member States shall ensure that at least household customers and small enterprises are not charged any switching- related fees and that all final consumers are not charged any switching- related fee if they switch to a regulated price offer.
Amendment 1111 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 a (new) Directive (EU) 2019/944 Article 15 – paragraph 2 b "(b) entitled to sell self-generated
Amendment 1112 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 b (new) Directive (EU) 2019/944 Article 14 – paragraph 2 (3b) Article 14 is amended as follows: 1. Member States shall ensure that at least household customers, and microenterprises with an expected yearly consumption of below 100 000 kWh, have access, free of charge, to at least one tool comparing the offers of suppliers, including offers for dynamic electricity price contracts. The comparison tools shall underline the risk of subscribing to a dynamic electricity price contracts and the existence of regulated price offer if such offer exists in the concerned Member State. Customers shall be informed of the availability of such tools in or together with their bills or by other means. The tools shall meet at least the following requirements:
Amendment 1113 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 c (new) Directive (EU) 2019/944 Article 15 – paragraph 2 – point a (3c) The Article 15 (Active customers) is amended as follows: The paragraph 2, point a) is deleted.
Amendment 1114 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Directive (EU) 2019/944 Article 15 a b – Electricity Directive Public action for the local energy transition 1. local and regional authorities may invest in energy production facilities. 2. local and regional authorities shall develop "one stop shops” to facilitate the energy transition. 3. One-stop shops: (a) shall offer citizens advisory services in respect to energy sharing, energy communities, renewable investments, local energy markets; (b) shall facilitate the bundling of demand for PPAs; (c) shall facilitate integrated network planning for electricity, heat and gases; (d) may offer platforms for energy sharing; (e) may offer platforms for registering renewable energy systems; (f) shall facilitate citizen involvement during the planning and building of network and generation infrastructure. (This Article comes after Article 15a.)
Amendment 1115 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Directive (EU) 2019/944 Article 15 a – 1 – Electricity Directive 1. All households, small and medium sized enterprises, energy communities and public bodies have the right to participate in energy sharing as active customers
Amendment 1116 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Directive (EU) 2019/944 Article 15 a – paragraph 1 1. All households, small and medium sized enterprises and public bodies have the right to p
Amendment 1117 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Directive (EU) 2019/944 Article 15 a – paragraph 1 1. All households, small and medium sized enterprises and public bodies have the right to participate in energy sharing as active customers. Member States shall establish a framework that enables energy sharing. This framework shall include at least the following provisions:
Amendment 1118 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Directive (EU) 2019/944 Article 15 a – paragraph 1 1. All households, small and medium sized enterprises and public bodies have the right to participate in energy sharing as active customers or through energy communities.
Amendment 1119 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Directive (EU) 2019/944 Article 15 a – paragraph 1 1. All
Amendment 1120 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Directive (EU) 2019/944 Article 15 a 1. All households, small and medium sized enterprises, industrial sites and public bodies have the right to participate in energy sharing as active customers.
Amendment 1121 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation (EU) 2019/943 Article 15 a – paragraph 1 1. All households, small and medium sized enterprises, industrial sites and public bodies have the right to participate in energy sharing as active customers.
Amendment 1122 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Directive (EU) 2019/944 Article 15 a – paragraph 1 1. All households
Amendment 1123 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Directive (EU) 2019/944 Article 15 a – paragraph 1– point a (new) (-a) This right shall not apply to large enterprises or private undertakings if energy production constitutes part of their primary or professional activity.
Amendment 1124 #
(a) Active customers and self- consumers, acting individually or jointly, as well as energy communities members, shall be entitled to share renewable energy between themselves based on private agreements or through a legal entity.
Amendment 1125 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Directive (EU) 2019/944 Article 15 a – paragraph 1 – subparagraph a) (a) Active customers shall be entitled to share renewable energy between themselves based on private agreements or through a legal entity up to capacity limit which shall be defined by the Member States .
Amendment 1126 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Directive (EU) 2019/944 Article 15 a – paragraph 1 – point a (a) Active customers shall be entitled to share renewable energy between themselves based
Amendment 187 #
Proposal for a regulation Citation 1 a (new) Having regard to the Treaty establishing the European Atomic Energy Community (EURATOM), and in particular Article 2 c thereof,
Amendment 188 #
Proposal for a regulation Recital 1 (1) Very high prices and volatility in electricity markets have been observed
Amendment 189 #
Proposal for a regulation Recital 1 (1) Very high prices and volatility in electricity markets have been observed since September 2021. As set out by the European Agency for the Cooperation of Energy Regulators (‘ACER’) in its April 2022 assessment of EU wholesale electricity market design17, this is mainly a consequence of the
Amendment 190 #
Proposal for a regulation Recital 1 (1) Very high prices and volatility in electricity markets have been observed since
Amendment 191 #
Proposal for a regulation Recital 1 a (new) (1a) As expressed by the President of the European Commission Ursula van der Leyen1a, the skyrocketing electricity prices exposed the limitations of the current market design, and there is a need for a structural reform of the electricity market. The high prices of electricity depend of the expensive fossil-based (gas and coal) electricity production as it is based on an algorithm that rely on a discriminatory marginal pricing system where the actual production cost of electricity is not being taken into account. The reform should prepare the ground for other price formulation system, which should reflect the average production costs to avoid speculation and unjust windfall profit. _________________ 1a European Parliament Plenary session 08/06/202 - Conclusions of the special European Council meeting of 30-31 May 20222
Amendment 192 #
Proposal for a regulation Recital 1 a (new) Amendment 193 #
Proposal for a regulation Recital 1 b (new) (1b) There is an urgent need to protect consumers in the face of rising energy prices and to combat volatility and lack of transparency in the price formation process.
Amendment 194 #
Proposal for a regulation Recital 1 c (new) (1c) The scale of the energy and socio- economic crisis, of which there were already clear signs in the post-pandemic period, demonstrates the urgent need for intervention and measures such as price containment through regulation based inter alia on public and common interest criteria.
Amendment 195 #
Proposal for a regulation Recital 1 d (new) (1d) Energy price increases have escalated on the wholesale electricity market since 2021, with extremely adverse social and economic consequences.
Amendment 196 #
Proposal for a regulation Recital 1 e (new) (1e) Much of the problem of rising energy prices stems from the liberalised market and its speculative nature.
Amendment 197 #
Proposal for a regulation Recital 1 f (new) Amendment 198 #
Proposal for a regulation Recital 2 (2) The escalation of the Russian military aggression against Ukraine, a Contracting Party of the Energy Community, and related international sanctions since February 2022 have disrupted global energy markets, exacerbated the problem of high gas prices, and have had significant knock-on impacts on electricity prices. The
Amendment 199 #
Proposal for a regulation Recital 3 (3) In response to this situation, the Communication on Energy Prices presented by the Commission in October 2021 contained a toolbox of measures that
Amendment 200 #
Proposal for a regulation Recital 4 (4) On 18 May 2022 the Commission presented the REPowerEU plan20 that introduced additional measures focusing on
Amendment 201 #
Proposal for a regulation Recital 6 Amendment 202 #
Proposal for a regulation Recital 6 (6) A well-integrated market which builds on the Clean Energy for all Europeans Package adopted in 2018 and 201926 should allow the Union to reap the economic benefits of a single energy market in normal market circumstances, ensuring security of supply and sustaining the decarbonisation process. Cross-border interconnectivity also ensures safer, more reliable and efficient operation of the power system. To this end, the Commission should consider how to improve monitoring and enforcement of the 2019 Electricity Market Regulations, including the obligation to make 70% of interconnector capacity available for cross-border trade. Furthermore, the Commission should consider to increase the 70% obligation, and limit possible derogations, to make the electricity market fit for an energy system primarily based on renewable energy, which merits a need for better interconnection to sustain a high security of supply. _________________ 26 Regulation (EU) 2018/1999 of the
Amendment 203 #
Proposal for a regulation Recital 6 (6) A well-integrated market which builds on the Clean Energy for all Europeans Package adopted in 2018 and 201926 should allow the Union to reap the economic benefits of a single energy market in normal market circumstances, ensuring security of supply and
Amendment 204 #
Proposal for a regulation Recital 6 a (new) (6a) Strengthening the energy internal market and achieving the climate and energy transition objectives require a substantial upgrade of the EU’s electricity network to be able to host substantial increases of renewable capacity, variability on generation amounts, changing electricity flow patterns across Europe and new demand such as electric vehicles and heat pumps. Investments in grids are crucial to the well-functioning of the internal market, to the integration of renewable energy, to support security of supply and to effectively connect energy supply and demand in a context where those locate further apart, and the deliverance and EU climate and energy targets require efficient resource use within and across borders. Already by 2030, the EU requires EUR 584 billion investments to cover the needs in electricity grids alone, both transmission and distribution. The challenge is particularly notable at distribution level, given the growing amount of renewable generation capacity connected to distribution grids, which will connect most new renewable projects, and the developments towards the electrification and smartening of energy demand. A failure to expand, upgrade and smarten the distribution grids accordingly could put at risk delivering on the EU’s renewable targets, delaying the connection to the network of new renewable capacities; could hamper the possibility for consumers to become active players of the energy transition; and ultimately delay the completion of the internal energy market.
Amendment 205 #
Proposal for a regulation Recital 6 a (new) Amendment 206 #
Proposal for a regulation Recital 6 b (new) (6b) An inter-connected European electricity network is essential for European security of supply and competitiveness, as well as for better achieving the decarbonisation targets to which the Union has committed to facilitate affordable, safe and sustainable energy. Therefore, any reform of the EU’s electricity market should be an evaluation and contribution towards a more integrated European electricity network. It is particularly important to make sure that each country has in place electricity cables that allow at least 15% of the electricity produced on its territory to be transported across its borders to neighbouring countries. This is particularly important for Iberian Peninsula and for other European regions which need to extend their grid interconnections, but whose progresses are still slow and challenged by several aspects. To this end, the Union and Member States should cooperate in view of removing barriers, facilitate financing and accelerating all procedures to ensure that the minimum 15% electricity interconnection target set out in Article 4, point (d)(1), of Regulation (EU) 2018/1999 is met.
Amendment 207 #
Proposal for a regulation Recital 6 c (new) (6c) The increase and prioritization of Union funding for energy infrastructure should be a core element of the upcoming MFF mid-term review, where options for boosting and aligning relevant instruments, including the energy envelope of the Connection Europe Facility, should be a matter of priority. In this regard, special attention should be put on making ample room for financing of infrastructure projects that have wider EU benefits.
Amendment 208 #
Proposal for a regulation Recital 6 d (new) (6d) Building and upgrading the Union’s electricity network and connectivity infrastructure, such as the projects of common European interest (PCIs) as established by the framework concerning the Trans-European Networks for Energy, including through submarine cables, can contribute to connect remote areas and islands, thus providing adequate connectivity to all EU citizens. An appropriate investment in revitalising isolated territories, such as islands and rural areas, can bring major opportunities to citizens and enterprises to participate in the energy transition and the digital transformation of the Union. Special consideration should be made to the European outermost regions, in accordance with Article 349 of the Treaty on the Functioning of the Union, which recognises their specific constraints and provides for the adoption of specific measures in their regard.
Amendment 209 #
Proposal for a regulation Recital 7 (7) The current electricity market design has also helped the emergence of new and innovative products, services and measures on retail electricity markets, supporting energy efficiency and renewable energy uptake and enhancing choice so as to help consumers reduce their energy bills also through small-scale generation installations and emerging services for providing demand response. Building on and seizing the potential of the digitalisation of the energy system, such as active participation by consumers, should be a key element of our future electricity markets and systems. At the same time, there is a need to respect consumer choices and allow consumers to benefit from a variety of contract offers. Energy system integration should be intended as the planning and operation of the energy system as a whole, across multiple energy carriers, infrastructures, and consumption sectors, by creating stronger links between them and utilising multi- fuel, multi-generation, including cogeneration or trigeneration, hybrid solutions, as well as all types of storage, aggregation and controls, in synergy with each other and supported by digitalisation with the objective of delivering affordable, reliable and resource-efficient energy services, at the least possible cost for society.
Amendment 210 #
Proposal for a regulation Recital 7 (7) The current electricity market design has also helped the emergence of new and innovative products, services and measures on retail electricity markets, supporting energy efficiency and renewable energy uptake and enhancing choice so as to help consumers reduce their energy bills also through small-scale generation installations and emerging services for providing demand response. Building on and seizing the potential of the digitalisation of the energy system, such as active participation by consumers, should be a key element of our future electricity markets and systems.
Amendment 211 #
Proposal for a regulation Recital 7 (7) The current electricity market design has also helped the emergence of new and innovative products, services and measures on retail electricity markets, supporting energy efficiency and renewable energy uptake and enhancing choice so as to help consumers reduce their energy bills also through small-scale generation installations and emerging services for providing demand response. Building on and seizing the potential of the digitalisation of the energy system, such as active participation by consumers, should be a key element of our future electricity markets and systems. At the same time, there is a need to respect consumer choices, shield household consumers from high prices, disconnections, manipulation and abuse and allow consumers to benefit from a variety of contract offers.
Amendment 212 #
Proposal for a regulation Recital 7 a (new) (7a) On 25 February 2015 the Commission presented a Framework Strategy for a Resilient Energy Union with a Forward- Looking Climate Change Policy that proposed to put citizens at its core, where citizens take ownership of the energy transition, benefit from new technologies to reduce their bills, participate actively in the market, and where vulnerable consumers are protected. As the price crisis has demonstrated, local ownership of production of renewable energy has the potential to contribute to long-term security of supply at the local level, and to provide citizens with the ability to control the cost of the renewable energy they consume. It is thus essential to ensure that citizens are able to take ownership of local potential for production and storage of renewable energy as well as access local infrastructure and obtain a grid connection. Citizens may do so individually or collectively, particularly through municipalities and locally controlled renewable energy communities and citizen energy communities. Supporting such initiatives will help to end dependency on imported fossil fuels, lower consumers energy bills, achieve a decentralised, flexible and decarbonised power system, alleviate energy poverty and empower citizens and communities in the energy transition.
Amendment 213 #
(7a) Electricity is a universal service of general economic interest and is vital to maintaining a decent standard of living to protect people’s dignity and integrity as required by Article 3 of the Charter of the Fundamental Rights of the European Union. It provides essential functions such as adequate and clean heating, hot water, cooling, lighting, cooking, and powering appliances. The Union recognises that people have a right to energy as a universal service in line with Article 36 of the Charter of the Fundamental Rights of the European Union and Principle 20 of the European Pillar of Social Rights to fully ensure realisation of the Sustainable Development Goal 7 that the Union committed itself at the United Nations Summit on Sustainable Development on 25 September 2015 to implementing the resolution containing the outcome document entitled ‘Transforming our world: the 2030 Agenda for Sustainable Development’. Therefore Member States shall guarantee planning and financing policies are needed to provide affordable and decarbonised electricity to all consumers. Therefore, electricity should be considered as common good and as such all citizens of the European Union should be entitled an affordable access as a fundamental right.
Amendment 214 #
Proposal for a regulation Recital 9 (9) A faster deployment of renewable energy and clean flexible technologies constitutes the most sustainable and cost- effective way of structurally reducing the demand for fossil fuels for electricity generation and for direct consumption through electrification and energy system integration. Thanks to their low operational costs, renewable sources can positively impact electricity prices across the Union and reduce
Amendment 215 #
Proposal for a regulation Recital 10 (10) The changes to the electricity market design should ensure that the benefits from rising renewable power deployment, and the energy transition as a whole, are brought to consumers, including the most vulnerable ones, and ultimately, shield them from energy crises and avoid more households falling into energy poverty trap. These should mitigate the impact of high
Amendment 216 #
Proposal for a regulation Recital 10 (10) The changes to the electricity market design should ensure that the benefits from rising renewable power deployment, and the energy transition as a whole, are brought to consumers, including the most vulnerable ones, and ultimately, shield them from energy crises and avoid more households falling into energy poverty trap. These should mitigate the impact of high fossil fuel prices, notably that of gas, on electricity prices, aiming to allow households and companies to reap the benefits of affordable and secure energy from sustainable renewable
Amendment 217 #
Proposal for a regulation Recital 11 (11) The reform of the electricity market design should benefit not just household consumers but also the competitiveness of the Union’s industries by facilitating their possibilities to make the clean tech investments they require to meet their net zero transition paths. The energy transition in the Union needs to be supported by a strong clean technology manufacturing basis. These reforms will support
Amendment 218 #
Proposal for a regulation Recital 11 a (new) (11a) High electricity prices have a particularly negative impact on the competitiveness of energy-intensive sectors that operate internationally, face significant global competition, and face, thus, a risk of carbon leakage. At the same time, the European Union has to ensure affordable electricity prices for energy-intensive sectors to secure jobs in these sectors and facilitate their green transition and decarbonisation. Therefore, the European Commission is asked to introduce a mechanism guaranteeing a price ceiling for energy- intensive industries in order to compete globally. Alternatively, Member States should be allowed to apply public interventions in price setting for a limited transitional period, such as five years, until sufficient supply of renewable power capacity is available, leading to affordable electricity prices. For this purpose, energy-intensive sectors should be those listed in the Guidelines on State aid for Climate, Environmental protection and Energy.
Amendment 219 #
Proposal for a regulation Recital 11 a (new) (11a) In a transitional period, the electricity market will not be able to deliver the price levels required for the affordable electrification of the Union’s industry, which is indispensable for the achievement of the Union’s decarbonisation targets. Member States should, therefore, be allowed to apply public interventions in the price setting for the supply of energy-intensive industry sectors under competitive pressure on the international markets requiring electricity to decarbonise their production. Such targeted interventions can also take the form of direct support measures in line with the Guidelines on State aid for climate, environmental protection ensuring internationally competitive price levels on electricity.
Amendment 220 #
Proposal for a regulation Recital 12 Amendment 221 #
Proposal for a regulation Recital 12 (12) Well-functioning and efficient short- term markets are a
Amendment 222 #
Proposal for a regulation Recital 14 (14) It is
Amendment 223 #
Proposal for a regulation Recital 14 (14) It is therefore important for the
Amendment 224 #
Proposal for a regulation Recital 14 (14) It is therefore important for the intraday markets to adapt to the participation of variable renewable energy technologies such as solar and wind as well as to the participation of demand
Amendment 225 #
Proposal for a regulation Recital 14 a (new) (14a) Member States should design their bidding zones to reflect the physical reality of the transmission grid. This is important as the electricity demand of the EU is expected to double en route to climate neutrality. Moreover, if green hydrogen is to develop into industrial scale, the need for well-designed bidding zones increases further. If green hydrogen production is placed nearby renewable energy facilities, it could ease the pressure on transmission grids. Conversely, if operators place green hydrogen production nearby consumption centres, which they are incentivized to do, if bidding zones do not reflect the physical reality, it could double the pressure on transmissions grids.
Amendment 226 #
Proposal for a regulation Recital 16 Amendment 227 #
Proposal for a regulation Recital 16 Amendment 228 #
Proposal for a regulation Recital 16 (16) T
Amendment 229 #
Proposal for a regulation Recital 16 (16) To ensure the efficient integration of electricity generated from variable renewable energy sources and to reduce the need for fossil-fuel based electricity generation in times when there is high demand for electricity combined with low levels of electricity generation from variable renewable energy sources, it should be possible for transmission system operators to design a peak shaving product enabling demand response to contribute to decreasing peaks of consumption in the electricity system at specific hours of the day. The peak shaving product should contribute to maximize the integration of electricity produced from renewable sources into the system by shifting the electricity consumption to moments of the day with higher renewable electricity generation. As the peak shaving product aims to reduce and shift the electricity consumption, the scope of this product should be limited to demand side response. As such the peak shaving product should specifically address small-scale assets which otherwise would stay inactive. In order to avoid simply substituting existing market products (balancing or wholesale markets), the peak shaving product must be more easily accessible to small-scale assets than in existing market products. The procurement of the peak shaving product should take place in such a way that it does not overlap with the activation of balancing products which aim at maintaining the frequency of the electricity system stable. In order to verify volumes of activated demand reduction, the transmission system operator should use a baseline reflecting the expected electricity consumption without the activation of the peak shaving product.
Amendment 230 #
Proposal for a regulation Recital 16 (16) To ensure the efficient integration of electricity generated from variable renewable energy sources and to reduce the need for fossil-fuel based electricity generation
Amendment 231 #
Proposal for a regulation Recital 17 (17) In order to be able to actively participate in the electricity markets and to provide their flexibility, consumers are progressively equipped with smart metering systems.
Amendment 232 #
Proposal for a regulation Recital 17 (17) In order to be able to actively participate in the electricity markets and to provide their flexibility, consumers are progressively equipped with smart metering systems. However, in a number of Member States the roll-out of smart metering systems is still slow and it is imperative to make sure that Member States improve the conditions for the installation of smart metring systems, with the objective of reaching a full coverage as soon as possible. In those instances where smart metering systems are not yet installed and in instances where smart metering systems do not provide for the sufficient level of data granularity, transmission and distribution system operators should be able to use data from dedicated metering devices for the observability and settlement of flexibility services such as demand response and energy storage. Enabling the use of data from dedicated metering devices for observability and settlement should facilitate the active participation of the consumers in the market and the development of their demand response. The use of data from these dedicated metering devices should be accompanied by quality requirements relating to the data.
Amendment 233 #
Proposal for a regulation Recital 17 (17) In order to be able to actively participate in the electricity markets and to provide their flexibility, consumers are progressively equipped with smart metering systems.
Amendment 234 #
Proposal for a regulation Recital 17 (17) In order to be able to actively participate in the electricity markets and to provide their flexibility, consumers are progressively equipped with smart metering systems. However, in a number of Member States the roll-out of smart metering systems is still slow
Amendment 235 #
Proposal for a regulation Recital 17 (17) In order to be able to actively participate in the electricity markets and to provide their flexibility, consumers are progressively equipped with smart metering systems. However, in a number of Member States the roll-out of smart metering systems is still slow. In those instances where smart metering systems are not yet installed and in instances where smart metering systems do not provide for the sufficient level of data granularity, transmission and distribution system operators, upon customer consent, should be able to use data from dedicated metering devices for the observability and settlement of flexibility services such as demand response and energy storage. Enabling the use of data from dedicated metering devices for observability and settlement should facilitate the active participation of the consumers in the market and the development of their demand response. The use of data from these dedicated metering devices should be accompanied by quality requirements relating to the data.
Amendment 236 #
Proposal for a regulation Recital 19 Amendment 237 #
Proposal for a regulation Recital 19 Amendment 238 #
Proposal for a regulation Recital 19 (19) Consumers and suppliers need effective and efficient forward markets to cover their long-term price exposure and decrease the dependence on short-term prices. To ensure that energy customers all over the EU can fully benefit from the advantages of integrated electricity markets and competition across the Union, the functioning of the Union’s electricity forward market should be improved
Amendment 239 #
Proposal for a regulation Recital 19 (19) Consumers and suppliers need effective and efficient forward markets to cover their long-term price exposure and decrease the dependence on short-term prices. To ensure that energy customers all over the EU can fully benefit from the advantages of integrated electricity markets and competition across the Union, the functioning of the Union’s electricity forward market should be improved via the
Amendment 240 #
Proposal for a regulation Recital 19 (19) Consumers and suppliers need effective and efficient forward markets to
Amendment 241 #
Proposal for a regulation Recital 20 Amendment 242 #
Proposal for a regulation Recital 20 Amendment 243 #
Proposal for a regulation Recital 20 Amendment 244 #
Proposal for a regulation Recital 20 Amendment 245 #
Proposal for a regulation Recital 20 (20) Virtual hubs
Amendment 246 #
Proposal for a regulation Recital 21 Amendment 247 #
Proposal for a regulation Recital 21 Amendment 248 #
Proposal for a regulation Recital 21 (21) To enhance the possibilities of market participants for hedging, the role of the single allocation platform established in accordance with Commission Regulation (EU) 2016/1719 should be expanded. Financial transmission rights should be issued by TSOs and allocated through the single allocation platform. The single allocation platform should offer trading of financial long-term transmission rights between the different bidding zones and the regional virtual hubs if established based on the conclusions of a detailed impact assessment. The orders submitted by market participants for financial transmission rights shall be matched by a simultaneous allocation of long term cross zonal capacity. Such matching and allocation should be performed on a regular basis, to ensure enough liquidity and, hence, efficient hedging possibilities to market participants. The long-term transmission rights should be issued on behalf of the transmission system operators with frequent maturities (ranging from month ahead to at least
Amendment 249 #
Proposal for a regulation Recital 21 (21) To enhance the possibilities of market participants for hedging, the role of the single allocation platform established in accordance with Commission Regulation (EU) 2016/1719 should be expanded. Financial transmission rights should be issued by TSOs and allocated through the single allocation platform. The single allocation platform should offer trading of financial long-term transmission rights between the different bidding zones
Amendment 250 #
Proposal for a regulation Recital 21 (21) To enhance the possibilities of market participants for hedging, the role of the single allocation platform established in accordance with Commission Regulation (EU) 2016/1719 should be expanded. The single allocation platform should offer trading of financial long-term transmission rights between the different bidding zones and the regional virtual hubs. The orders submitted by market participants for financial transmission rights shall be matched by a simultaneous allocation of long term cross zonal capacity. Such matching and allocation should be performed on a fre
Amendment 251 #
Proposal for a regulation Recital 22 (22) Network tariffs should incentivise transmission and distribution system operators to use flexibility services through further developing innovative solutions to optimise the existing grid and to procure flexibility services, in particular demand response or storage. For this purpose, network tariffs should be designed so as to take into account the operational and capital expenditures of system operators or an efficient combination of both so that they can operate the electricity system cost-efficiently. Furthermore, they should be designed to provide the right incentives to system operators by combining a timely recognition of traditional investments in physical networks and adequate returns, with a flexible reflection of operational cost. Any obstacle in national regulation to the necessary efficient investments must be abolished. This would further contribute to integrating renewables at the least cost for the electricity system and enable final customers to value their flexibility solutions.
Amendment 252 #
Proposal for a regulation Recital 22 (22) Network tariffs should incentivise transmission and distribution system
Amendment 253 #
Proposal for a regulation Recital 22 (22) Network tariffs should incentivise transmission and distribution system operators to use flexibility services through further developing innovative solutions to optimise the existing grid and to procure flexibility services, in particular demand response or storage under regulatory oversight. For this purpose, network tariffs should be designed so as to take into account grid services provided for or by active customers and the operational and capital expenditures of system operators or an efficient combination of both so that they can operate the electricity system cost-efficiently. This would further contribute to integrating renewables at the least cost for the electricity system and enable final customers to value their
Amendment 254 #
Proposal for a regulation Recital 22 a (new) (22a) The energy transition requires a rapid acceleration in the deployment of renewables, onshore and offshore, and electrified demand promoting sector coupling. Such a prompt ramp-up of installations, together with the inherent complexities of managing an electricity system with variable and distributed resources, is posing substantial challenges to the grids. In general, the transmission grid will incorporate large amounts of onshore and offshore renewable capacities and transmit the electricity to demand areas, further interconnect Member States and enable flows from distributed renewables to other demand areas. The distribution grid will incorporate most new onshore renewable capacities and electrified and smart household demand. National regulatory authorities will play a central role in ensuring that enough investment goes into the necessary grid development, expansion and reinforcement. Surplus revenues should be fairly distributed between the consumers and to support investments. Regulatory authorities should promote the utilisation of anticipatory investments, encouraging the acceleration of grid development to meet the accelerated deployment of renewable generation and smart electrified demand such as electric vehicles and heat pumps. This may be the case in particular for designated renewables acceleration areas where anticipatory investments will be instrumental in ensuring that grids become enablers and not bottlenecks.
Amendment 255 #
Proposal for a regulation Recital 22 a (new) (22a) Network tariff structures must be designed in a way that guarantees that the economic regulation of grid operators is dependable, stable and with sufficient economic return (WACC) that ensures enough investments and sector investability. Any provisions in the existing national regulatory regimes in the tariff design that hamper the necessary network expansion and digitalization must be removed.
Amendment 256 #
Proposal for a regulation Recital 23 (23) Offshore renewable energy sources,
Amendment 257 #
Proposal for a regulation Recital 23 (23) Offshore renewable energy sources, such as offshore wind, ocean energy and floating photovoltaic, will play an instrumental role in building a power system largely based on renewables and in ensuring climate neutrality by 2050. There are, however, substantial obstacles to their wider and efficient deployment preventing the massive scale up needed to achieve those objectives. Similar obstacles could arise for other offshore technologies in the future. These obstacles include investment risks associated with the unique topographical situation of offshore hybrid projects connected to more than one market. In order to reduce investment risk
Amendment 258 #
Proposal for a regulation Recital 23 (23) Offshore renewable energy sources, such as offshore wind, ocean energy and floating photovoltaic, will play an instrumental role in building a power system largely based on renewables and in ensuring climate neutrality by 2050. There are, however, substantial obstacles to their wider and efficient deployment preventing the massive scale up needed to achieve those objectives. Similar obstacles could arise for other offshore technologies in the future. These obstacles include investment risks associated with the unique topographical situation of offshore hybrid projects connected to more than one market. In order to reduce investment risk for these offshore project developers
Amendment 259 #
Proposal for a regulation Recital 23 (23) Offshore renewable energy sources, such as offshore wind, ocean energy and floating photovoltaic, will play an instrumental role in building a power system largely based on renewables and in
Amendment 260 #
Proposal for a regulation Recital 23 (23) Offshore renewable energy sources, such as offshore wind, ocean energy and floating photovoltaic, will play an instrumental role in building a power system largely based on renewables and in ensuring climate neutrality by 2050. There are, however, substantial obstacles to their wider and efficient deployment preventing the massive scale up needed to achieve those objectives. Similar obstacles could arise for other offshore technologies in the future. These obstacles include investment risks associated with the unique topographical situation of offshore hybrid projects connected to more than one market. In order to reduce investment risk for these offshore project developers and to ensure that the projects in an offshore bidding zone have full market access to the surrounding markets, transmission system operators should guarantee access of the offshore project to the capacity of the respective hybrid interconnector for all market time units. If the available transmission capacities are reduced to the extent that the full amount of electricity generation that the offshore project would have otherwise been able to export cannot be delivered to the market, the offshore generator should be compensated for the commensurate revenue loss. To that end the transmission system operator or operators responsible for the need to limit the capacity sh
Amendment 261 #
Proposal for a regulation Recital 23 (23) Offshore renewable energy sources, such as offshore wind, ocean energy and floating photovoltaic, will play an instrumental role in building a power system largely based on renewables and in ensuring climate neutrality by 2050. There are, however, substantial obstacles to their wider and efficient deployment preventing the massive scale up needed to achieve those objectives. Similar obstacles could arise for other offshore technologies in the future. These obstacles include investment risks associated with the unique topographical situation of offshore hybrid projects connected to more than one market. In order to reduce investment risk for these offshore project developers and to ensure that the projects in an offshore bidding zone have full market access to the surrounding markets, transmission system operators should guarantee access of the offshore project to the capacity of the respective hybrid interconnector for all market time units. If the available transmission capacities are reduced to the extent that the full amount of electricity generation that the offshore project would have otherwise been able to export cannot be delivered to the market, the transmission system operator or operators responsible
Amendment 262 #
Proposal for a regulation Recital 25 (25) Given the role of the price in the day-ahead market as a reference for the price in other wholesale electricity markets, and the fact that all market participants receive the clearing price, the technologies with significantly lower marginal costs have consistently recorded high revenues. The marginal pricing design per se should be removed onto a fairer model of price setting, based on production costs.
Amendment 263 #
Proposal for a regulation Recital 26 (26) To reach the Union’s decarbonisation targets and the objectives set out in REPowerEU to become more energy independent, the Union needs to accelerate the deployment of renewables at a much faster pace. In view of the investment needs required to achieve these goals, the market should ensure that a long- term price signal is established. The benefit of renewables and flexibility from consumers can be harvested only to the extent the grid deployment keeps up with more anticipatory and least regret investments. All obstacles to the necessary and efficient growth of the infrastructure that might be existing in the national regulatory regimes today must be abolished.
Amendment 264 #
Proposal for a regulation Recital 27 (27) In this framework, Member States should strive to create the right market conditions for long-term market-based instruments, such as renewable energy purchase agreements and power purchase agreements (‘PPAs’). PPAs are bilateral purchase agreements between producers and buyers of electricity. They provide long-term price stability for the customer and the necessary certainty for the producer to take the investment decision. Nevertheless, only a handful of Member
Amendment 265 #
Proposal for a regulation Recital 27 (27) In this framework, Member States should strive to create the right market conditions for long-term market-based instruments, such as power purchase agreements (‘PPAs’). PPAs are bilateral purchase agreements between producers and buyers of electricity. They provide long-term price stability for the customer and the necessary certainty for the producer to take the investment decision. Nevertheless, only a handful of Member
Amendment 266 #
Proposal for a regulation Recital 27 (27) In this framework, Member States should strive to create the right market conditions for long-term market-based instruments, such as power purchase agreements (‘PPAs’). PPAs are bilateral purchase agreements between producers and buyers of electricity. They provide long-term price stability for the customer and the necessary certainty for the producer to take the investment decision. PPAs therefore help to support the competitiveness of the Union’s businesses, including SMEs, who face international competition . Nevertheless, only a handful of Member States have active PPA markets and buyers are typically limited to large companies, not least because PPAs face a set of barriers, in particular the difficulty to cover the risk of payment default from the buyer in these long-term agreements. Member States should take into consideration the need to create a dynamic PPA market when setting the policies to achieve the energy
Amendment 267 #
Proposal for a regulation Recital 27 a (new) (27a) The need to provide regulatory stability and a predictable investment climate for the necessary investment in the European power sector is also the reason why the inframarginal revenue cap, temporarily introduced via Art. 10 of Council Regulation 2022/0289(NLE), is not integrated in a structural manner in this Regulation.
Amendment 268 #
Proposal for a regulation Recital 28 (28) According to Article 15(8) of Directive (EU) 2018/2001 of the European Parliament and of the Council, Member States are to assess the regulatory and administrative barriers to long-term renewables PPAs, and shall remove unjustified barriers to, and promote the
Amendment 269 #
Proposal for a regulation Recital 28 (28) According to Article 15(8) of Directive (EU) 2018/2001 of the European Parliament and of the Council, Member States are to assess the regulatory and administrative barriers to long-term renewable energy purchase agreements and renewables PPAs, and shall remove unjustified barriers to, and promote the uptake of, such agreements. In addition, Member States are to describe policies and measures facilitating the uptake of renewable energy purchase agreements and renewables PPAs in their integrated national energy and climate plans. Without prejudice to that obligation to report on the regulatory context affecting the PPA market, Member States should ensure that instruments to reduce the financial risks associated to the buyer defaulting on its long-term payment obligations in the framework of renewable energy purchase agreements and PPAs are accessible to companies that face entry barriers to the renewable energy purchase agreement and PPA market and are not in financial difficulty in line with Articles 107 and 108 TFEU. Member States could decide to set up a guarantee scheme at market prices. Member States should include provisions to avoid lowering the liquidity in the electricity markets, such as by using financial PPAs. Member States should not provide support to PPAs that purchase generation from fossil fuels. While the default approach should be non- discrimination between consumers, Member States could decide to target these instruments to specific categories of consumers, applying objective and non- discriminatory criteria. In this framework, Member States should take into account the potential role of instruments provided at Union level, for instance by the European Investment Bank (‘EIB’).
Amendment 270 #
Proposal for a regulation Recital 28 (28) According to Article 15(8) of Directive (EU) 2018/2001 of the European Parliament and of the Council, Member States are to assess the regulatory and administrative barriers to long-term renewables PPAs, and shall remove unjustified barriers to, and promote the uptake of, such agreements. In addition, Member States are to describe policies and measures facilitating the uptake of renewables PPAs in their integrated national energy and climate plans. Without prejudice to that obligation to report on the regulatory context affecting the PPA market, Member States should ensure that instruments to reduce the financial risks associated to the buyer defaulting on its long-term payment obligations in the framework of PPAs are accessible to companies that face entry barriers to the PPA market and are not in financial difficulty in line with Articles 107 and 108 TFEU
Amendment 271 #
Proposal for a regulation Recital 28 (28) According to Article 15(8) of Directive (EU) 2018/2001 of the European Parliament and of the Council, Member States are to assess the regulatory and administrative barriers to long-term renewables PPAs, and shall remove unjustified barriers to, and promote the uptake of, such agreements. In addition, Member States are to describe policies and measures facilitating the uptake of renewables PPAs in their integrated national energy and climate plans. Without prejudice to that obligation to report on the regulatory context affecting the PPA market, Member States should ensure that instruments to reduce the financial risks associated to the buyer defaulting on its long-term payment obligations in the framework of PPAs are accessible to companies that face entry barriers to the PPA market and are not in financial
Amendment 272 #
Proposal for a regulation Recital 29 (29) Member States have at their disposal several instruments to support the development of renewable energy purchase agreement and PPA markets when designing and allocating public support. Allowing renewable energy project developers participating in a public support tender to reserve a share of the generation for sale through a renewable energy purchase agreement or PPA would contribute to nurture and grow renewable energy purchase agreement and PPA markets. In addition, as part of these tender evaluation Member States should endeavour to apply criteria to incentivise the access to the renewable energy purchase agreement and PPA market for actors that face entry barriers, such as small and medium-sized enterprises (‘SMEs’) or energy-intensive large companies that face tremendous challenges to decarbonise their production , giving preference to bidders presenting a commitment to sign a renewable energy purchase agreement or PPA for part of the project’s generation
Amendment 273 #
Proposal for a regulation Recital 29 (29) Member States have at their disposal several instruments to support the development of PPA markets when designing and allocating public support.
Amendment 274 #
Proposal for a regulation Recital 29 (29) Member States have at their disposal several instruments to support the development of PPA markets when designing and allocating public support. Allowing renewable energy project developers participating in a public support tender to reserve a share of the generation for sale through a PPA would contribute to nurture and grow PPA markets. In addition, as part of these tender evaluation Member States should endeavour to apply criteria to incentivise the access to the PPA market for actors that face entry barriers, such as
Amendment 275 #
Proposal for a regulation Recital 29 a (new) (29a) The Commission should evaluate the best fitting implementation instruments to ensure that the Power Purchase Agreements are accessible to all types of customers and market participants, including SMEs. This is necessary to address the risk of preserving the most advantageous contracts to large scale consumers, such as energy intensive industries. Furthermore, Member States should implement measures to ensure that the price settled in a Power Purchase Agreements is representative enough of the production cost to prevent unfair competition.
Amendment 276 #
Proposal for a regulation Recital 30 (30) Where Member States decide to support publicly financed new investments (“direct price support schemes”) in low carbon, non-fossil fuel electricity generation to achieve the Union’s decarbonisation objectives, those schemes should be structured by way of two-way contracts for difference
Amendment 277 #
Proposal for a regulation Recital 30 (30) Where Member States decide to support publicly financed new investments (“direct price support schemes”) in low carbon, non-fossil fuel electricity generation to achieve the Union’s decarbonisation objectives, those schemes should be structured by way of two-way contracts for difference, or other similar arrangements, such as to include, in addition to a revenue guarantee, an upward limitation of the market revenues of the generation assets concerned. Such schemes shall be allocated through a voluntary, competitive, open, transparent, non- discriminatory, and cost- effective procedure, in accordance with State Aid Rules, preventing undue distortions to the efficient functioning of electricity markets. New investments for the generation of electricity should include investments in new power generating facilities, investments aimed at repowering existing power generating facilities, investments aimed at extending existing power generating facilities or at
Amendment 278 #
Proposal for a regulation Recital 30 (30) Where Member States decide to support publicly financed new investments (“direct price support schemes”) in low carbon, non-fossil fuel electricity generation to achieve the Union’s decarbonisation objectives, those schemes should be structured by way of two-way contracts for difference [or other similar arrangements] such as to include, in addition to a revenue guarantee, an upward limitation of the market revenues of the generation assets concerned. Such schemes shall be allocated through a competitive, open, transparent, non-discriminatory, and cost-effective procedure, in accordance with State Aid Rules, preventing undue distortions to the efficient functioning of electricity markets. New investments for the generation of electricity should include investments in new power generating facilities, investments aimed at repowering existing power generating facilities, investments aimed at extending existing power generating facilities or at prolonging their lifetime.
Amendment 279 #
Proposal for a regulation Recital 30 (30) Where Member States decide to support publicly financed new investments (“direct price support schemes”) in low carbon, non-fossil fuel electricity generation to achieve the Union’s decarbonisation objectives, those schemes should be structured by way of two-way contracts for difference such as to include, in addition to a revenue guarantee, an upward limitation of the market revenues of the generation assets concerned. New investments for the generation of electricity should include investments in new power generating facilities, investments aimed at repowering existing power generating facilities, investments aimed at extending existing power generating facilities or at prolonging their lifetime. Member States could consider using the capacity expansion as an opportunity to sign two- way contracts for difference also on some existing capacity as long as such schemes do not distort remuneration and price signals.
Amendment 280 #
Proposal for a regulation Recital 30 (30) Where Member States decide to support publicly financed new investments
Amendment 281 #
Proposal for a regulation Recital 30 (30) Where Member States decide to
Amendment 282 #
Proposal for a regulation Recital 30 (30)
Amendment 283 #
Proposal for a regulation Recital 32 (32) However, to the extent that the limitation to set out direct price support schemes in the form of two-way contracts for difference narrows down the types of direct price support schemes that Member States can adopt as regards renewable energy sources, it should be limited to
Amendment 284 #
Proposal for a regulation Recital 33 (33) In view of the need to provide regulatory certainty of producers, the obligation for Member States to apply direct price support schemes for the production of electricity in the form of two-way contracts for difference should apply only to new investments for the generation of electricity from the sources specified in the recital above. Member States should support the integration of the European electricity market by realizing the benefits of long-term hedging for investors and consumers at European scale with joint tenders for CfDs by groups of countries backed by allocation of long-term (financial) transmission rights to ensure these CfDs translate to effective hedging for electricity consumers in participating countries.
Amendment 285 #
Proposal for a regulation Recital 33 (33) In view of the need to provide regulatory certainty of producers, the obligation for Member States to apply direct price support schemes for the production of electricity in the form of two-way contracts for difference should apply
Amendment 286 #
Proposal for a regulation Recital 33 (33) In view of the need to provide regulatory certainty of producers, the obligation for Member States to apply direct price support schemes for the production of electricity in the form of two-way contracts for difference should apply only to those new investments
Amendment 287 #
Proposal for a regulation Recital 34 (34) Thanks to the upward limitation of the market revenues direct price support schemes in the form of two-way contracts for difference should provide an additional source of revenues for Member States in periods of high energy prices. To further mitigate the impact of high electricity prices on the energy bills of consumers, Member States should ensure that the revenues collected from producers subject to direct price support schemes in the form of two-way contracts for difference are passed on
Amendment 288 #
Proposal for a regulation Recital 34 (34) Thanks to the upward limitation of the market revenues direct price support schemes in the form of two-way contracts for difference should provide an additional source of revenues for Member States in periods of high energy prices. To further mitigate the impact of high electricity prices on the energy bills of consumers, Member States should ensure that the revenues collected from producers subject to direct price support schemes in the form of two-way contracts for difference
Amendment 289 #
Proposal for a regulation Recital 35 Amendment 290 #
Proposal for a regulation Recital 35 (35) Furthermore, Member States should ensure that the direct price support schemes, irrespective of their form, do not undermine the efficient, competitive and liquid functioning of the electricity markets, preserving the incentives of producers to react to market signals, including stop generating when electricity prices are below their operational costs, and of final customers to reduce consumption when electricity prices are high. Member States sh
Amendment 291 #
Proposal for a regulation Recital 35 (35) Furthermore, Member States should ensure that the direct price support schemes, irrespective of their form, do not undermine the efficient, competitive and liquid functioning of the electricity markets, preserving the incentives of producers to react to market signals, including stop generating when electricity prices are below their operational costs, and of final customers to reduce consumption when electricity prices are high. Member States should ensure that support schemes do not hamper forward market liquidity and retail competition, as well as constitute a barrier for the development of commercial contracts such as PPAs.
Amendment 292 #
Proposal for a regulation Recital 36 Amendment 293 #
Proposal for a regulation Recital 36 a (new) (36a) High electricity prices have impacted particularly energy-intensive industries and SMEs with high trade and electricity intensity at a significant risk of carbon leakage. This is due to increased production and manufacturing costs stemming from the surges in wholesale prices. The Union has to ensure reliable electricity prices to affordable cost for the European energy-intensive sectors under competitive pressure on the international markets in order to prevent job losses, to enable the industrial transition towards climate-neutrality and to protect European sovereignty. Complementary to two-way contracts for difference and PPAs, Member States may support those sectors by the introduction of public interventions in price setting in a transitional phase where not enough non- fossil fuel electricity generation is deployed yet. The support should end in 2035 at the latest. Those financial support measures shall enable the decarbonisation of electro-intensive production processes. Companies that receive financial support have to comply with a transformation plan and minimum social commitments. The support shall be in proportion to the dependency on international markets and the electro- intensity of the production as well as incentivise energy efficient energy use by companies, for example through a limitation of the intervention to a share of the total electricity consumption.
Amendment 294 #
Proposal for a regulation Recital 37 (37) The accelerated deployment of renewables necessitates a growing availability of flexibility solutions to ensure their integration to the grid and to enable the electricity system and grid to adjust to the variability of electricity generation and consumption across different time horizons.
Amendment 295 #
Proposal for a regulation Recital 37 (37) The accelerated deployment of renewables necessitates a growing availability of flexibility solutions to ensure their integration to the grid and to enable the electricity system and grid to adjust to the variability of electricity generation and consumption across different time horizons. Regulatory authorities should periodically assess the need for flexibility in the electricity system based on the input of transmission and distribution system operators. The assessment of the flexibility needs of the electricity system should take into account all existing and planned investments (including existing assets that are not yet connected to the grid) on sources of flexibility such as flexible electricity generation, interconnectors, demand side response, energy storage or the production of renewable fuels,
Amendment 296 #
Proposal for a regulation Recital 37 (37) The accelerated deployment of renewables necessitates a growing availability of flexibility solutions to ensure their integration to the grid and to enable the electricity system and grid to adjust to the variability of electricity generation and consumption across different time horizons. Regulatory authorities should periodically assess the need for flexibility in the electricity system based on the input of transmission and distribution system operators. The assessment of the flexibility needs of the electricity system should take into account all existing and planned investments (including existing assets that are not yet connected to the grid) on sources of flexibility such as flexible electricity generation, interconnectors, demand side response, energy storage or the production of renewable fuels, in view of the need to decarbonise the energy system. On this basis, Member States should define a national objective for
Amendment 297 #
Proposal for a regulation Recital 37 a (new) (37a) The most needed deployment of variable renewable energy generation will only reach its full potential with the deployment of additional energy storage. The future energy system will need more flexibility, stability and reliability to achieve the objectives of the European Green Deal and the Climate Law. Energy storage should play a crucial role in the current and future energy system. It can help decarbonise the economy and increase the efficiency and security of energy supply by providing flexibility, stability and reliability. Energy storage can also lower electricity prices during peak times, reduce price fluctuations and empower consumers to adapt their energy consumption to prices and their needs. Member States should define separate national quantifiable objectives for demand response and energy storage which should be reflected in their integrated national energy and climate plans. As the single market is not well designed to ensure adequate remuneration to energy storage capacity owners, transmission and distribution system operators should be allowed to own energy storage capacities. To achieve the goal of price stability and the decarbonisation of our electricity production, the development of energy storage should not be on a profit-based model. In the light of those plans, the Commission should assess the coherence between the Member States' national targets and the needs of the Union electricity system and propose, where appropriate, measures at EU level to boost demand response and energy storage.
Amendment 298 #
(37a) Member States shall take into account the double role (generator- consumer) of energy storage when defining the applicable regulatory framework and procedures, in particular when implementing the Union legislation concerning the electricity market, in order to remove existing barriers. This includes preventing double taxation and facilitating permit-granting procedures. National regulatory authorities shall also consider such a role when establishing network charges and tariff schemes, in compliance with Union legislation.
Amendment 299 #
Proposal for a regulation Recital 38 (38) To achieve the national objective for non-fossil flexibility such as demand
Amendment 300 #
Proposal for a regulation Recital 38 (38) To achieve the national objective for non-fossil flexibility such as demand side response and storage investment needs, Member States can design or redesign capacity mechanisms in order to create a green and flexible capacity mechanism. Member States that apply a capacity mechanism in line with the existing rules should promote the participation of non-fossil flexibility such as demand side response and storage by introducing additional criteria or features in the design. Furthermore, it may be necessary to develop the regulatory framework in order to ensure the deployment of sufficient flexible capacity in the long-term. Therefore, the Commission should prepare a report on the implementation and functioning of the existing framework, especially its suitability for incentivising investments in capacity that can offer capabilities and services essential to integrating additional renewable energy sources in line with the EU’s climate and renewable energy targets. If appropriate, the report should be accompanied with a legislative proposal.
Amendment 301 #
Proposal for a regulation Recital 38 (38) To achieve the national objective for
Amendment 302 #
Proposal for a regulation Recital 38 (38) To
Amendment 303 #
Proposal for a regulation Recital 38 (38) To achieve the national objective for
Amendment 304 #
Proposal for a regulation Recital 38 (38) To achieve the national objective for non-fossil flexibility such as demand side response and storage investment needs, Member States can design or redesign capacity mechanisms in order to create a green, voluntary and flexible capacity mechanism. Member States that apply a capacity mechanism in line with the existing rules should promote the participation of non-fossil flexibility such as demand side response and storage by introducing additional criteria or features in the design.
Amendment 305 #
Proposal for a regulation Recital 38 (38) To
Amendment 306 #
Proposal for a regulation Recital 38 (38) To achieve the national objective for non-fossil flexibility such as demand side response and storage investment needs, Member States can design or redesign capacity mechanisms in order to create a green and flexible capacity mechanism. Member States that apply a capacity mechanism in line with the existing rules should promote the participation of non-fossil flexibility such as demand
Amendment 307 #
Proposal for a regulation Recital 38 a (new) (38a) Moreover, there is a need to enhance the regulatory framework to guarantee long-term deployment of sufficient flexible capacity. Therefore the Commission should conduct a comprehensive assessment of the current framework, focusing on its effectiveness in incentivising investments in flexible capacity necessary for reaching the Union’s climate and renewable energy targets. If appropriate, the Commission should accompany the report with a legislative proposal.
Amendment 308 #
Proposal for a regulation Recital 39 Amendment 309 #
Proposal for a regulation Recital 39 Amendment 310 #
Proposal for a regulation Recital 39 (39) To support environmental protection objectives the CO2 emissions’ limit, set out in Article 22(4) of Regulation (EU) 2019/943 of the European Parliament and of the Council, should be seen as an upper limit. This limit should be reviewed periodically by the Commission and gradually lowered with the objective to reach 250g CO2 of fossil fuel origin per kWh of electricity in 2040. Therefore, Member States could set technical performance standards and CO2 emissions’ limits that restrict participation in capacity mechanisms to flexible, fossil-free technologies in full alignment with the Guidelines on State aid for climate, environmental protection and energy27which encourage Member States to introduce green criteria in capacity mechanisms.
Amendment 311 #
Proposal for a regulation Recital 39 (39) To support environmental protection objectives the CO2 emissions’ limit, set out in Article 22(4) of this Regulation
Amendment 312 #
Proposal for a regulation Recital 39 a (new) (39a) Security of supply is paramount for the Union and Member States, and must be ensured by properly designing electricity markets. Uninterrupted access to energy to all customers, primary to vulnerable households, is one of the basic rights stemming from the Union legal and political practice, particularly from the European Pillar of Social Rights. Therefore, ensuring energy supply is one of the core task for Member States, which must be executed in a manner that balances the main objectives of this Regulation: security, sustainability, and affordability. If there is a serious risk related to the achievement of one of these principles, the Member States, in cooperation with the Commission, shall do its utmost, acting in good faith, to reach these principles.
Amendment 313 #
Proposal for a regulation Recital 40 Amendment 314 #
Proposal for a regulation Recital 40 (40) In addition,
Amendment 315 #
Proposal for a regulation Recital 40 (40) In addition,
Amendment 316 #
Proposal for a regulation Recital 40 (40) In addition,
Amendment 317 #
Proposal for a regulation Recital 40 (40) In addition, if Member States do not apply a capacity mechanism or if the additional criteria or features in the design of their capacity mechanism are insufficient to achieve national objective for demand response and storage investment needs they could apply voluntary flexibility support schemes consisting of payments for the available capacity of non-
Amendment 318 #
Proposal for a regulation Recital 40 (40) In addition, if Member States do not apply a capacity mechanism or if the additional criteria or features in the design
Amendment 319 #
Proposal for a regulation Recital 40 (40) In addition, if Member States do not apply a capacity mechanism or if the additional criteria or features in the design of their capacity mechanism are insufficient to achieve national objective for demand response and storage investment needs they could apply flexibility support schemes consisting of payments for the available capacity of
Amendment 320 #
Proposal for a regulation Recital 40 (40) In addition, if Member States do not apply a capacity mechanism or if the additional criteria or features in the design of their capacity mechanism are
Amendment 321 #
Proposal for a regulation Recital 40 a (new) (40a) The energy crisis has shown the need for flexible back-up capacity mechanisms in Member States. These mechanisms will become even more important as the share of renewables in the electricity mix increases to achieve the goals of the green transition. Therefore, if an assessment of resource adequacy suggests the need to flexible back-up generation, the introduction of capacity mechanisms as a possible structural element of national markets should be facilitated.
Amendment 322 #
Proposal for a regulation Recital 41 (41) The connection of new generation and demand installations, in particular renewable energy plants, often faces delays in grid connection procedures. One of the reasons for such delays is the lack of available grid capacity at the location chosen by the investor, which implies the need for grid extensions or reinforcements to connect the installations to the system in a safe manner. A new requirement for electricity system operators, both at transmission and distribution levels, to publish and update information on the grid capacity available in their areas of operation would contribute to decision- making by investors on the basis of information of grid capacity availability within the system and thus to the required acceleration in the deployment of renewable energy. Such information requirement shall also support the decisions of local actors interested in the uptake of self-consumption from community-owned energy production as well as help Member States and Local Authorities to better allocate investments to finance necessary network reinforcements, especially in distribution network, to allow local production and supply of energy. Overall, supporting such investments will also ensure a more successful and democratic energy transition, increasing public acceptance ensuring that the EU can meet its climate and energy targets.
Amendment 323 #
Proposal for a regulation Recital 41 (41) The connection of new generation and demand installations, in particular renewable energy plants, often faces delays in grid connection procedures. One of the reasons for such delays is the lack of available grid capacity at the location chosen by the investor, which implies the need for grid extensions or reinforcements to connect the installations to the system in a safe manner. A new requirement for electricity system operators, both at transmission and distribution levels, to publish and update information on the grid capacity available in their areas of operation would contribute to decision- making by investors on the basis of information of grid capacity availability within the system and thus to the required acceleration in the deployment of renewable energy. Moreover, member states should take action to guarantee sufficient prioritization and fast-tracking of planning and permitting for grid infrastructure projects by all relevant authorities, by using, but not limited to, the relevant provisions from Council Regulation 2022/2577.
Amendment 324 #
(42) Furthermore, to tackle the problem of lengthy reply times on requests for connection to the grid, transmission and distribution system operators should provide clear and transparent information to system users about the status and treatment of their connection requests, including estimated grid connection costs where relevant, as well as publicly available timelines and procedures. Transmission and distribution system operators should
Amendment 325 #
Proposal for a regulation Recital 42 a (new) Amendment 326 #
Proposal for a regulation Recital 43 (43) During the energy crisis, consumers have been exposed to extremely volatile wholesale energy prices and had limited opportunities to engage in the energy market. Consequently, many households, have been facing difficulties when paying their bills. Vulnerable consumers and the energy poor are the hardest hit28, but middle-income households have also been exposed to such difficulties. It is therefore important to update consumer rights and protections, allowing consumers to benefit from the energy transition, take ownership of renewable energy production, decouple their electricity bills from short term price movements on energy markets and rebalance the risk between suppliers and consumers. It is also important to ensure that local communities, including final households, public authorities, renewable energy communities and locally- controlled citizen energy communities, as well as SMEs that are not already active in the energy sector, are able to utilise nearby grid infrastructure and sites for production in order to meet their collective consumption needs. _________________ 28 Particular groups are more at risk of
Amendment 327 #
Proposal for a regulation Recital 43 (43) During the energy crisis, consumers have been exposed to extremely volatile wholesale energy prices and had limited opportunities to engage in the energy market. Consequently, many households, have been facing difficulties when paying their bills. Vulnerable consumers and the energy poor are the hardest hit28, but middle-income households have also been exposed to such difficulties. High energy prices have a negative impact on consumers' health, well-being, social inclusion and quality of life : the energy crisis claimed 68,000 lives in Europe1a. It prevents people from adequately heating or cooling their homes, and forces them to live in such conditions that increase health risks (cardiac and respiratory problems for instance).It is therefore important to update consumer rights and protections, allowing consumers to benefit from the energy transition, decouple their electricity bills from short term price movements on energy markets and rebalance the risk between suppliers and consumers. _________________
Amendment 328 #
Proposal for a regulation Recital 43 a (new) (43a) Electricity should be considered as an essential service, a Common that no one should be deprived of to live with dignity. A basic amount of energy, allowing the basic needs of households linked to health and dignity should be considered as a right and must be allowed freely or through an affordable price. This amount should guarantee adequate warmth, cooling, lighting, and energy to power appliances, that are essential services that underpin a decent standard of living and health1a _________________ 1a https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32 020H1563 Commission Recommendation EU 2020/1563 of 14/10/2020 on energy poverty
Amendment 329 #
Proposal for a regulation Recital 44 (44) Consumers should have access to a wide range of offers so that they can choose a contract according to their needs. However, suppliers have reduced their offers, fixed-price contracts have become scarce, and the choice of offers has become limited. Consumers should
Amendment 330 #
Proposal for a regulation Recital 44 (44) Consumers should have access to a wide range of offers so that they can choose a contract according to their needs. However, suppliers have reduced their offers, fixed-price contracts have become scarce, and the choice of offers has become limited. Consumers should
Amendment 331 #
Proposal for a regulation Recital 44 (44) Consumers should have access to a wide range of offers so that they can choose a contract according to their needs. However, suppliers have reduced their offers, fixed-price contracts have become scarce, and the choice of offers has become limited. Consumers should always have the possibility to opt for a
Amendment 332 #
Proposal for a regulation Recital 45 (45) When suppliers’ do not ensure that their electricity portfolio is sufficiently hedged changes in wholesale electricity prices can leave them financially at risk and, result in their failure, passing on costs to consumers and other network users. Hence, it should be ensured that suppliers are appropriately hedged when offering fixed price contracts. An appropriate hedging strategy should take into account the suppliers' access to its own generation and its capitalisation as well as its exposure to changes in wholesale market prices. The specificities of SME suppliers, such as cooperatives having smaller supply volumes and aiming at serving collective or general interest rather than generating profits, should be accounted for when considering potential hedging requirements for suppliers. This shall ensure that such requirements do not constitute a disproportionate barrier to SME suppliers entering and operating in the energy market.
Amendment 333 #
Proposal for a regulation Recital 45 (45) When suppliers’ do not ensure that their electricity portfolio is sufficiently hedged changes in wholesale electricity prices can leave them financially at risk and, result in their failure, passing on costs to consumers and other network users. Hence, it should be ensured that suppliers are appropriately hedged when offering fixed price contracts. An appropriate hedging strategy should take into account the suppliers' access to its own generation and its capitalisation as well as its exposure to changes in wholesale market prices. Regulatory supervision of hedging strategies should not trigger a shift of legal responsibility from suppliers to the supervising authority.
Amendment 334 #
Proposal for a regulation Recital 45 (45) When suppliers’ do not ensure that their electricity portfolio is sufficiently hedged changes in wholesale electricity
Amendment 335 #
Proposal for a regulation Recital 46 (46) Consumers should be able to choose the supplier which offers them the price and service which best suits their needs. Advances in metering and sub- metering technology combined with information and communication technology mean that it is now technically possible to have multiple suppliers for a single premises. Consumers should be entitled to request additional meters for this purpose, while bearing the associated costs for their installation or, where applicable, upgrade, under fair, reasonable and cost-effective conditions. If they so wish, customers should be able to use these possibilities to choose a separate supplier notably for electricity to power appliances such as heat pumps or electric vehicles which have a particularly high consumption or which also have the capability to shift their electricity consumption automatically in response to price signals. Moreover, with fast- responding dedicated metering devices which are attached to or embedded in appliances with flexible, controllable loads, final customers can participate in other incentive-based demand response schemes
Amendment 336 #
Proposal for a regulation Recital 46 (46) Consumers should be able to choose the supplier and third party service provider that can facilitate energy sharing which offers them the price and service which best suits their needs. Advances in metering and sub-
Amendment 337 #
Proposal for a regulation Recital 49 (49) Energy sharing can create resilience against the effects of high and volatile wholesale market prices on consumers’ energy bills, empowers a wider group of consumers that do not otherwise have the option of becoming an active customer due to financial or spatial constraints, such as energy poor and vulnerable consumers, and leads to increased uptake of renewable energy by mobilising additional private capital investments and diversifying remuneration pathways. With the integration of appropriate price signals and storage facilities, electricity sharing can help lay the foundation to help tap into the flexibility potential of smaller consumers, making sure that the ownership of the shared production from renewable installations and energy storage facilities, regardless of whether a third party owns the production installation, always stay with the local actors that participate in the energy sharing projects. Furthermore, the third party should remain subject to the instructions of the active customers participating in the energy sharing initiative. To ensure that third parties attached to integrated undertakings do not utilize energy sharing to lock consumers into using their or their other integrated enterprises’ services, active customers should be able to exercise the right to switch service providers or supplier, regardless of which party owns the production installation used for energy sharing.
Amendment 338 #
Proposal for a regulation Recital 50 (50) Active customers that own, lease or rent a storage or generation facility should have the right to share excess production and empower other consumers to become active, or to share the renewable energy generated or stored by jointly leased, rented or owned facilities, either directly or through a third-party facilitator. Active customers should receive a remuneration reflecting the market value of the self- generated renewable energy they feed into the grid. Member states should guarantee a fair level of remuneration, ensuring that in the power purchase agreements the difference between the purchase and selling price remains limited. Energy
Amendment 339 #
Proposal for a regulation Recital 50 (50) Active customers that own, lease or rent a storage or generation facility should have the right to share excess production and empower other consumers to become active, or to share the renewable energy generated or stored
Amendment 340 #
Proposal for a regulation Recital 50 (50) Active customers that own, lease or rent a storage or generation facility should have the right to share excess production and empower other consumers to become active, or to share the renewable energy generated or stored by jointly leased, rented or owned facilities, either directly or through a third-party facilitator. Any payment for sharing of excess production for a price can either be settled directly between active customers or automated through a trading platform. Energy sharing arrangement are either based on private contractual agreement between
Amendment 341 #
Proposal for a regulation Recital 50 a (new) (50a) There is a need to make it easier for non-professional and non-commercial market actors to successfully navigate obtaining relevant licenses and approvals or authorisations. This should be facilitated by allocating local space so that energy communities can install renewable energy production, obtain a grid connection, and maintain access to the grid to share energy locally. In easing the ability of energy communities to share energy with each other, public authorities and relevant transmission and distribution system operators should streamline the administrative process for energy community sharing projects, provide a dedicated window or contact point, so that they can access information and register their projects, and receive technical assistance.
Amendment 342 #
Proposal for a regulation Recital 51 (51) Energy sharing operationalises the collective consumption of self-generated or stored electricity injected into the grid by more than one jointly acting active customers. Member States should put in place the appropriate IT infrastructure to allow for the administrative matching within a certain timeframe of consumption with self-generated or stored renewable energy for the purpose of calculating the energy component of the energy bill. The output of these facilities should be distributed among the aggregated consumer load profiles based on static, variable or dynamic calculation methods that can be pre-defined or agreed upon by the active customers. Active customers participating in energy sharing should be financially responsible for the imbalances and impact they may cause to the electricity system, either directly or indirectly. All consumer rights and obligations in this Directive will apply to final customers participating in energy sharing schemes. However, households with an installed capacity up to 10.8 kW for single households and up to 50 kW for multi-apartment blocks should not be required to comply with the obligations of suppliers.
Amendment 343 #
Proposal for a regulation Recital 51 (51) Energy sharing operationalises the collective consumption of self-generated or stored electricity injected into the grid by more than one jointly acting active customers. Member States should put in place the appropriate IT infrastructure to allow for the administrative matching within a certain timeframe of consumption with self-generated or stored renewable energy for the purpose of calculating the energy component of the energy bill
Amendment 344 #
Proposal for a regulation Recital 51 (51) Energy sharing operationalises the collective consumption of self-generated or stored electricity injected into the grid by more than one jointly acting active customers. Member States should put in place the appropriate IT infrastructure to allow for the administrative matching within a certain timeframe of consumption with self-generated or stored renewable energy for the purpose of calculating the energy component of the energy bill and netted energy that will not be accounted for. The output of these facilities should be distributed among the aggregated consumer load profiles based on static, variable or dynamic calculation methods that can be pre-defined or agreed upon by the active customers.
Amendment 345 #
Proposal for a regulation Recital 52 (52) Vulnerable customers should be adequately protected from electricity disconnections and should, as well, not be put in a position that forces them to disconnect. Therefore, Member States should prohibit electricity disconnections of households and SMEs and ensure that household customers receive electricity supply to cover their basic needs, such as lighting, water heating and cooking, space heating and cooling, access to information and communication technologies. Member States should also complement these rights with the adoption of specific measures for the winter season and the summer season, for household customers to help manage their consumption and avoid high settlement bills. The role of suppliers and all relevant national authorities to identify appropriate measures, in both the short and the long- term, which should be made available to vulnerable customers to manage their energy use and costs remain essential, including by means of close cooperation with social security systems. Any disconnection should always result from a judicial decision and should not be the sole decision of an electricity supplier.
Amendment 346 #
(52a) Whereas the effectiveness of changes made to the electricity market design should be comprehensively assessed in relation to their objectives, including whether lower generation costs of renewable energies are being passed on to end customers to a greater extent than previously. By 30 June 2025, the Commission should evaluate the effects of the regulation and based on the results of this evaluation, propose further legislative changes by 31 March 2026. These changes should focus on reducing retail prices for end customers and may include more far-reaching changes to the electricity market design, specifically changes to the Merit-Order Principle, to ensure that the targets are achieved.
Amendment 347 #
Proposal for a regulation Recital 52 a (new) (52a) Electricity disconnections should be banned all year long, to protect households' dignity and take into account future heat waves or meteorologic events. It should also be banned and for all types of customers, not only the “vulnerables”, as not being able to pay an energy bill should be a vulnerability criterion in itself. A consumer who is in default of payment and whose energy is cut off is not a bad payer but is a vulnerable consumer who, before being cut off, has reduced his budget for food, leisure or health.
Amendment 348 #
Proposal for a regulation Recital 52 b (new) (52b) Power limitation, allowing essential services, should be an alternative to disconnections.
Amendment 349 #
Proposal for a regulation Recital 52 c (new) (52c) Disconnection could only be decided by a judge, and all consumers should be entitled to an explanation before they are deprived of a service essential to their dignity.
Amendment 350 #
Proposal for a regulation Recital 53 Amendment 351 #
Proposal for a regulation Recital 53 (53) Public interventions in price setting
Amendment 352 #
Proposal for a regulation Recital 53 (53) Public interventions in price setting for the supply of electricity constitute, in principle, a market-distortive measure. Such interventions may therefore only be carried out as public service obligations and are subject to specific conditions. Under this Directive regulated prices are possible for energy poor and vulnerable households, including below costs, and, as a transition measure, for households and micro-enterprises. In times of crisis, when wholesale and retail electricity prices increase significantly, and this is having a negative impact on the wider economy, Member States should be allowed to extend, temporarily, the application of regulated prices also to SMEs. For both households and SMEs, Member States should be temporarily allowed to set regulated prices below costs as long as this does not create distortion between suppliers and suppliers are compensated for the costs of supplying below cost. However, it needs to be ensured that such price regulation is targeted and does not create incentives to increase consumption. Hence, such price regulation should be 100% for vulnerable households, while should be limited to 80% of median household consumption for the other households, and 70% of
Amendment 353 #
Proposal for a regulation Recital 53 (53) Public interventions in price setting for the supply of electricity constitute, in principle, a market-distortive measure. Such interventions may therefore only be carried out as public service obligations and are subject to specific conditions. Under this Directive regulated prices are possible for energy poor and vulnerable households, including below costs, and, as
Amendment 354 #
Proposal for a regulation Recital 53 (53) Public interventions in price setting for the supply of electricity constitute, in principle, a market-distortive measure. Such interventions may therefore only be carried out as public service obligations and are subject to specific conditions. Under this Directive regulated prices are possible for energy poor and vulnerable households, including below costs, and, as a transition measure, for households and micro-enterprises. In times of crisis, when wholesale and retail electricity prices increase significantly, and this is having a negative impact on the wider economy, Member States should be allowed to extend, temporarily, the application of regulated prices also to SMEs. For both households and SMEs, Member States should be temporarily allowed to set regulated prices below costs as long as this does not create distortion between suppliers and suppliers are compensated for the costs of supplying below cost. However, it needs to be ensured that such price regulation is targeted and does not create incentives to increase consumption. Hence, such price regulation should be limited to 80% of median household consumption for households, and 70% of the previous year’s consumption for SMEs. T
Amendment 355 #
Proposal for a regulation Recital 53 (53) Public interventions in price setting for the supply of electricity constitute, in principle, a market-distortive measure. Such interventions may therefore only be carried out as public service obligations and are subject to specific conditions. Under this Directive regulated prices are possible for energy poor and vulnerable households, including below costs, and, as a transition measure, for households and micro-enterprises. In times of crisis, when wholesale and retail electricity prices increase significantly, and this is having a negative impact on the wider economy, Member States should be allowed to extend, temporarily, the application of regulated prices also to SMEs. For both households and SMEs, Member States should be temporarily allowed to set regulated prices below costs as long as this does not create distortion between suppliers and suppliers are compensated for the costs of supplying below cost. However, it needs to be ensured that such price regulation is targeted and does not create incentives to increase consumption. Hence, such price regulation should be limited to 80% of median household consumption for households, and 70% of the previous year’s consumption for SMEs. Congestion revenues should also be available to finance such consumer support measures during an energy price crisis. The Commission should determine when such an electricity price crisis exists and consequently when this possibility
Amendment 356 #
Proposal for a regulation Recital 53 a (new) (53a) Electricity markets experienced high and highly volatile prices since September 2021 with peak wholesale electricity prices in August 2022. The high electricity prices resulted from the dependency on the wholesale prices for natural gas, which was necessary for the production of the amount of electricity needed to cover the final electricity demand. To be prepared for future energy price shocks, a mechanism should be developed and implemented to absorb the impact of high price shocks of energy resources on electricity prices. Within [XX] months after entry into force of this Regulation and after consultation with ACER and relevant stakeholders, the commission shall design and propose such a "temporary emergency electricity price shock absorber mechanism", accompanied by a thorough report assessing the mechanisms impact on the functioning of electricity markets, the liquidity of short term markets and bidding behaviour. The impact assessment shall be accompanied by specific guidance on the implementation details of such mechanism.
Amendment 357 #
Proposal for a regulation Recital 53 a (new) (53a) The European electricity market should be equipped with temporary measures, such as a price shock absorber mechanism, addressing high electricity prices in a harmonized manner, preserving the level playing field and market integrity, without affecting investment signals in new generation capacity. Stable, predictable and globally- competitive electricity prices preserve existing electro-intensive industrial production capacities while encouraging long-term investments and also sending the right investment signals to other sectors to electrify.
Amendment 358 #
Proposal for a regulation Recital 53 b (new) (53b) A price shock absorber mechanism would act as a temporary and voluntary relief valve designed to limit the ability of gas-fired generation to set wholesale electricity market clearing prices in case of high electricity prices, where the accumulated inframarginal rents reach a level that is no longer contributing to the EU electricity market’s objective to ensure electricity prices at globally competitive levels. While keeping the merit order curve, fundamental to the EU electricity market, a price shock absorber mechanism could combine ‘pay-as-bid’ and ‘pay-as-clear’ models. The final price would be set uniformly for all market participants and the lower power prices will be equally spread to all consumers.
Amendment 359 #
Proposal for a regulation Recital 53 c (new) Amendment 360 #
Proposal for a regulation Article 1 – paragraph 1 – point -1 (new) Regulation (EU) 2019/943 Recital 4 (-1) Recital 4 is amended as follow: "(4) This Regulation establishes rules to ensure the functioning of the internal market for electricity and includes requirements related to the development of renewable forms of energy and environmental policy, in particular specific rules for certain types of renewable power- generating and energy storage facilities, concerning balancing responsibility, dispatch and redispatching, as well as a threshold for CO2 emissions of new generation capacity where such
Amendment 361 #
Proposal for a regulation Article 1 – paragraph 1 – point -1 a (new) Regulation (EU) 2019/943 Recital 18 (-1 a) Recital 18 is amended as follow: "(18) Commission Regulation (EU) 2016/631 (9) sets out the requirements for grid connection of power-generating facilities to the interconnected system, in particular with respect to synchronous power-generating modules, power park modules and offshore power park modules. Those requirements help to ensure fair conditions of competition in the internal electricity market, to ensure system security and the integration of electricity from renewable sources and energy storage, and to facilitate Union-wide trade in electricity. Articles 66 and 67 of Regulation (EU) 2016/631 set out rules for emerging technologies in electricity generation
Amendment 362 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – introductory part (1) Energy is not a commodity like any other, but an essential basis of our economic and social system. Therefore, energy supply is classified as a service of general interest. The main task of the energy sector is a secure, affordable, and sustainable supply of energy. Consumer prices for electricity must reflect actual production costs (plus an appropriate profit mark-up). This means that the wholesale price must correspond to the average costs of all types of electricity production and not the maximum price, as is currently the case. In order to ensure an appropriate remuneration for electricity producers, investment security and the expansion of renewable energy, technology-dependent prices are necessary. Article 1 is amended as follows:
Amendment 363 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point a (b) set fundamentals principles
Amendment 364 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point a Article 1 – point b Electricity regulation (b) set fundamental principles for well- functioning, integrated electricity markets, which allow all resource providers and
Amendment 365 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point a Regulation (EU) 2019/943 Article 1– point b (b) set fundamental principles for well- functioning, integrated electricity markets, which allow all resource providers and electricity customers non-discriminatory market access, enable the development of forward electricity markets to allow suppliers and consumers to hedge or protect themselves against the risk of future volatility in electricity prices, empower consumers, promoting energy sharing and local ownership of production and supply from renewable energy sources and storing facilities, ensure competitiveness on the global market, enhance flexibility through demand response, energy storage and other non-
Amendment 366 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point a Regulation (EU) 2019/943 Article 1 – point b (b) set fundamental principles for well- functioning, integrated electricity markets, which allow all resource providers and electricity customers non-discriminatory market access, enable the development of forward electricity markets to allow suppliers and consumers to hedge or protect themselves against the risk of future volatility in electricity prices, empower consumers, ensure competitiveness on the global market, enhance flexibility through voluntary demand response, energy storage and other non-
Amendment 367 #
Proposal for a regulation Artic |