36 Amendments of Evžen TOŠENOVSKÝ related to 2021/0425(COD)
Amendment 204 #
Proposal for a directive
Recital 55
Recital 55
Amendment 211 #
(67) The operation of hydrogen networks should be separated from activities of energy production and supply in order to avoid the risk of conflicts of interest on behalf of the network operators. The structural separation of ownership of hydrogen networks and participations in energy production and supply guarantees the absence of such conflicts of interest. Member States should be able to rely on the alternative unbundling model of “"integrated hydrogen network operator” until 2030" to provide a transitional period for existinglevel playing field for vertically integrated hydrogen networks. Member States should also be able to allow the use of the “"independent hydrogen network operator”" model to allow vertically integrated owners of hydrogen networks to retain ownership of their networks while ensuring the non- discriminatory operation of such networks after 2030.
Amendment 216 #
Proposal for a directive
Recital 69
Recital 69
Amendment 277 #
Proposal for a directive
Recital 119
Recital 119
(119) It is necessary to progress towards interconnected hydrogen markets in the Union and thereby facilitate investments in cross-border hydrogen infrastructure. Under the regulated third-party access regime, in the absence of cross-border transportation tariffs after 31 December 2030 a system of financial compensation should provide financial incentives for market participants to develop cross-border interconnectors.
Amendment 301 #
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Directive establishes rules for the progressive establishment of a Union- wide interconnected hydrogen system contributing to the reduction of net greenhouse gas emissions of difficult to decarbonise sectors and therebysectors with the highest greenhouse gases abatement potential per tonne of hydrogen consumed supporting to the decarbonisation of the EU energy system.
Amendment 343 #
Proposal for a directive
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
(11 a) ‘waste gas’ means a gas containing incompletely oxidised carbon in a gaseous state under standard conditions which is a result of any of the processes listed in point (10), where ‘standard conditions’ means temperature of 273,15 K and pressure conditions of 101 325 Pa defining normal cubic meters (Nm3) according to Article 3(52) of Commission Implementing Regulation (EU) 2018/2066.
Amendment 347 #
Proposal for a directive
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
(12) ‘low-carbon fuels’ means recycled carbon fuels as defined in Article 2 of Directive (EU) 2018/2001, low-carbon hydrogen and synthetic gaseous and liquid fuels the energy content of which is derived from low-carbon hydrogen, which meet the greenhouse gas emission reduction threshold of 70% and waste gases as defined in Article 2(11) of Delegated Regulation of the Commission XX/XX on Transitional Union-wide rules for harmonised free allocation of emission allowances.
Amendment 357 #
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘hydrogen network’ means a network of pipelines used for the transport of hydrogen of a high grade of purity with a view to its delivery to customers irrespective of transmission or distribution, but not including supply;
Amendment 360 #
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘hydrogen transport’ means the transport of hydrogen through a hydrogen network with a view to its delivery to customers, but not including supply, irrespective of the pressureransmission or distribution, the geographic coverage or the connected customer group of the network;
Amendment 482 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Member States shall ensure that existing contractual land-use rights for the construction and operation of natural gas pipelines and other network assets shall be understood as encompassing also pipelines and other network assets for the transport of hydrogen.
Amendment 489 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Renewable gases shall be certified in accordance with Article 29 and 30 of Directive (EU) 2018/2001. To this end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of renewable gases and contains the minimum information provided in paragraph 7 of Article 19 of Directive (EU) 2018/2001.
Amendment 492 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In order to ensure that the greenhouse gas emissions savings from the use of low carbon fuels and low carbon hydrogen are at least 70% in accordance with the definitions in Article 2, points (10) and (12) under Article 2, Member States shall require economic operatolow carbon fuels and hydrogen producers to show that this threshold and the requirements established in the methodology referred to in paragraph 5 of this Article have been complied with. For those purposes, they shall require economic operatolow carbon fuels and hydrogen producers to use a mass balance system in line with Article 30 (1) and (2) of Directive (EU) 2018/2001. To this end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of low- carbon gases and contains the minimum information provided in paragraph 7 of Article 19 of Directive (EU) 2018/2001.
Amendment 498 #
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. For renewable and low carbon gases, in the application of the mass balancing provisions referred in paragraph 2 of this article, there should be no physical tracking of the molecules inside single mass balance systems. The EU interconnected gas infrastructure shall be considered as a single mass balance system. Closed infrastructures shall be considered as separate single mass balance systems.
Amendment 530 #
Proposal for a directive
Article 8 – paragraph 10
Article 8 – paragraph 10
10. Member States shall also require the relevant economic operators to enter into the Union database information on the transactions made and the sustainability characteristics of low carbon fuels in line with the requirements established in Article 28 of Directive (EU) 2018/2001. Upon injection into the interconnected infrastructure reporting in the Union Database should be limited to information about the injection/withdrawal of gases.The Union Database shall be set up by 202X. Before that date, and until the Union Database is operational, economic operators shall have the possibility to use national registries/systems as long as they are notified to the Commission.
Amendment 565 #
Proposal for a directive
Article 14 – paragraph 1 – point a a (new)
Article 14 – paragraph 1 – point a a (new)
(a a) Right to a grid connection from final hydrogen customers Member States or regulatory authorities shall ensure that final hydrogen customers have the right to a grid connection to a hydrogen network within reasonable time after receipt of a notification submitted to the hydrogen network operator. In case of refusal of access and connection, Member States or regulatory authorities shall ensure that measures or alternative solutions are taken to make the investments needed to accommodate the new demand and ensure the security of supply.
Amendment 572 #
Proposal for a directive
Article 14 – paragraph 1 – point c a (new)
Article 14 – paragraph 1 – point c a (new)
(c a) Right of final hydrogen customers to a complaint procedure against disruptions to the hydrogen supply Final hydrogen customers shall have the right to a good standard of service and complaint handling by network operators in cases of disruptions of hydrogen supply due to gas quality or blending issues. Member States or regulatory authorities shall ensure that complaints are handled in a simple, fair and prompt manner and shall ensure compensation mechanisms for final customers.
Amendment 664 #
Proposal for a directive
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Where negotiated access is used, regulatory authorities shall provide guidance to hydrogen network users on how negotiated tariffs will be affected when regulated third party access is introduced. At the date of entry into force of regulated third party access, hydrogen network users may opt to remain under a negotiated third-party access regime or to switch to a regulated third-party access. Guidance shall be provided as well with regard to contractual terms and conditions agreed in hydrogen purchase agreements and capacity contracts.
Amendment 679 #
Proposal for a directive
Article 35 – paragraph 4
Article 35 – paragraph 4
4. Transmission system operators shall ensure efficient gas quality management in their facilities in line with applicable gas quality standards. For that purpose the transmission system operators shall be entitled to develop and operate facilities for the adjustment or transformation of gases and provide related services to the system users. Costs related to gas quality shall be covered by allowed revenues or target revenues of the transmission system operators.
Amendment 690 #
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Without prejudice to Article 68 or any other legal duty to disclose information, each transmission, storage or LNG system operator, and each transmission system owner, shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities, and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. In particularf the transmission, storage or LNG system operator, or the transmission system owner is part of a vertically integrated undertaking, it shall not disclose, in particular, any commercially sensitive information to the remaining parts of the undertakingvertically integrated undertaking other than transmission system operators, distribution system operators or hydrogen network operators, unless this is necessary for carrying out a business transaction. In order to ensure the full respect of the rules on information unbundling, Member States shall ensure that, where the transmission system operator is unbundled in accordance with the rules on the independent system operator for natural gas set out in Section 2 of Chapter IX, the transmission system owner including, in the case of a combined operator, the distribution system operator, and the remaining part of the undertakingvertically integrated undertaking other than transmission system operators, distribution system operators or hydrogen network operators do not use joint services, such as joint legal services, apart from purely administrative or IT functions.
Amendment 707 #
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
2. When so decided by regulatory authorities, distribution system operators may be responsible for ensuring efficient gas quality management in their facilities in line with applicable gas quality standards, where necessary for system management due to the injection of renewable and low-carbon gases. For that purpose the distribution system operators shall be entitled to develop and operate facilities for the adjustment or transformation of gases and provide related services to the system users. Costs related to gas quality shall be covered by allowed revenues or target revenues of the distribution system operators.
Amendment 735 #
Proposal for a directive
Article 46 – paragraph 2
Article 46 – paragraph 2
2. Each hydrogen network operator shall build sufficient cross-border capacity to integrate and to expand, upon requests of right to a grid connection submitted by final hydrogen customers, the European hydrogen infrastructure accommodating all economically reasonable and technically feasible demands for capacity and taking into account security of hydrogen supply. Member States and the competent regulatory authority shall ensure that the hydrogen network operator realises the infrastructure investment requested by hydrogen priority sectors at the latest within three years from its application.
Amendment 765 #
Proposal for a directive
Article 50 – paragraph 1
Article 50 – paragraph 1
1. Without prejudice to legal duties to disclose information, each operator of a hydrogen network, hydrogen storage facility or hydrogen terminal, and each owner of a hydrogen network, shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities, and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. In particular, if the operator of a hydrogen network, hydrogen storage facility or hydrogen terminal, or the owner of a hydrogen network is part of a vertically integrated undertaking, it shall not disclose, in particular, any commercially sensitive information to the remaining parts of the undertakingvertically integrated undertaking other than transmission system operators, distribution system operators or hydrogen network operators, unless this is necessary for carrying out a business transaction.
Amendment 777 #
Proposal for a directive
Article 51 – paragraph 1
Article 51 – paragraph 1
1. At least every two years , all transmission system operators shall submit to the relevant regulatory authority a ten- year network development plan based on existing and forecast supply and demand after having consulted all the relevant stakeholders. There shall be at least one single network development plan per Member State. Infrastructure operators, including LNG terminal operators, storage operators, distribution system operators as well as hydrogen, district heating infrastructure and electricity operators and hydrogen priority sectors shall be required to provide and exchange all relevant information to the transmission system operators required for developing the single plan. That network development plan shall contain efficient measures in order to guarantee the adequacy of the natural gas and hydrogen system and the security of supply , in particular the compliance with the infrastructure standards under Regulation (EU) 2017/1938. The ten-year network development plan shall be published and accessible on a website .
Amendment 786 #
Proposal for a directive
Article 51 – paragraph 2 – point b
Article 51 – paragraph 2 – point b
(b) contain all the investments already decided and identify new investments which have to be executed in the next three years including investments to be realised based on the notification of identified priority sectors;
Amendment 822 #
Proposal for a directive
Article 51 – paragraph 3
Article 51 – paragraph 3
3. When elaborating the ten-year network development plan, the transmission system operator shall fully take into account the potential for alternatives to system expansion, for instance the use of demand response which enhances the creation of new hydrogen lead markets, as well as expected consumption following the application of the energy efficiency first principle, the prioritisation of the industrial users which have the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen, trade with other countries and the Union-wide network development plan. The transmission system operator shall assess how to address, where possible, a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets .
Amendment 867 #
Proposal for a directive
Article 52 – paragraph 1 – point a
Article 52 – paragraph 1 – point a
(a) include information on energy and capacity needs, both in volume and duration, as negotiated between network users, including end-users and hydrogen network operators;
Amendment 869 #
Proposal for a directive
Article 52 – paragraph 1 – point b
Article 52 – paragraph 1 – point b
(b) include information on the extent to which repurposed natural gas pipelines will be used for the transport of hydrogen; especially to rapidly deliver hydrogen to sectors with the highest greenhouse gases emissions abatement potential per tonne of hydrogen consumed.
Amendment 874 #
Proposal for a directive
Article 52 – paragraph 1 – point c
Article 52 – paragraph 1 – point c
(c) be in line with the integrated national energy and climate plan and its updates, and with the integrated national energy and climate reports submitted in accordance with Regulation (EU) 2018/1999 and support the climate- neutrality objective set out in Article 2(1) of Regulation (EU) 2021/1119 and ensure hydrogen supply to industrial end-users with the highest greenhouse gases emissions abatement potential per tonne of hydrogen consumed.
Amendment 879 #
Proposal for a directive
Article 52 – paragraph 1 – point c a (new)
Article 52 – paragraph 1 – point c a (new)
(c a) record information on the applications for the connection to the grid and the notification received for the need of infrastructure investments as received by final hydrogen customers;
Amendment 920 #
Proposal for a directive
Article 62 – paragraph 3
Article 62 – paragraph 3
3. Where on [entry into force] the hydrogen network belonged to a vertically integrated undertaking, aA Member State may decide not to apply paragraph 1. In such case, the Member State concerned shall designate either: a) an independent hydrogen network operator unbundled in accordance with the rules on independent system operators for natural gas set out in Article 55. Hydrogen network operators and transmission system operators for gas unbundled in accordance with Article 54(1) can act as independent hydrogen network operator, subject to the requirements pursuant to Article 63. or b) an integrated hydrogen network operator unbundled in accordance with the rules on independent transmission operators for natural gas set out in Section 3 of Chapter IX. Transmission system operators for natural gas unbundled in accordance with the rules on independent transmission operators for natural gas set out in Section 3 of Chapter IX can act as integrated hydrogen network operator.
Amendment 929 #
Proposal for a directive
Article 62 – paragraph 4
Article 62 – paragraph 4
4. Until 31 December 2030, Member State may designate an integrated hydrogen network integrated hydrogen network operator unbundled in accordance with the rules on independent transmission operators for natural gas set out in Section 3 of Chapter IX. Such designation shall expire by 31 December 2030 at the latest.
Amendment 934 #
Proposal for a directive
Article 62 – paragraph 4 a (new)
Article 62 – paragraph 4 a (new)
4 a. Vertically integrated hydrogen network operators designated in accordance with Article 39, that transport hydrogen through local or regional pipeline networks, only shall be unbundled in accordance with the rules on gas distributions system operators set out in Article 42 (1) to (4).
Amendment 940 #
Proposal for a directive
Article 63
Article 63
Amendment 960 #
Proposal for a directive
Article 71 – paragraph 1 – introductory part
Article 71 – paragraph 1 – introductory part
In carrying out the regulatory tasks specified in this Directive, the regulatory authority shall take all reasonable measures in pursuit of the following objectives within the framework of their duties and powers as laid down in Article 72, in close consultation with other relevant national authorities, including competition authorities and authorities from neighbouring countries, including third countries, as appropriate, and without prejudice to their competencies: i) ensuring that customers are granted instruments to initiate complaints in cases of supply disruptions of natural gas and hydrogen; ii) ensuring that customers can exercise the right to a grid connection; iii) enabling industrial sites to notify hydrogen network operators of the need to realise infrastructure investments to connect their equipment or installation to the hydrogen network;
Amendment 987 #
Proposal for a directive
Article 72 – paragraph 1 – point s
Article 72 – paragraph 1 – point s
(s) respecting contractual freedom with regard to long-term contracsupply and capacity contracts, including hydrogen long term contracts and hydrogen purchase agreements provided that they are compatible with Union law and consistent with Union policies and provided they contribute to decarbonisation objectives. No long-term contracts for supply of unabated fossil gas shall be concluded with a duration beyond the end of year 2049 ;
Amendment 1007 #
Proposal for a directive
Article 72 – paragraph 1 – point ii a (new)
Article 72 – paragraph 1 – point ii a (new)
(ii a) ensuring the timely realisation of infrastructure investments by network operators based on the notifications received by final customers to receive hydrogen supply;