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Activities of Paolo BORCHIA related to 2021/0424(COD)

Shadow reports (1)

REPORT on the proposal for a regulation of the European Parliament and of the Council on the internal markets for renewable and natural gases and for hydrogen (recast)
2023/02/16
Committee: ITRE
Dossiers: 2021/0424(COD)
Documents: PDF(611 KB) DOC(236 KB)
Authors: [{'name': 'Jerzy BUZEK', 'mepid': 28269}]

Amendments (76)

Amendment 137 #
Proposal for a regulation
Recital 8
(8) It is, generally, most efficient to finance infrastructure by revenues obtained from the users of that infrastructure and to avoid cross-subsidies. Moreover, such cross-subsidies would, in the case of regulated assets, be incompatible with the general principle of cost-reflective tariffs. In exceptional cases, such cross-subsidies could nonetheless bring societal benefits, in particular during earlier phases of network development where booked capacity is low compared to technical capacity and uncertainty as to when future capacity demand will materialise is significant. Cross-subsidies could therefore contribute to reasonable and predictable tariffs for early network users and de-risk investments for network operators. Cross- subsidies could thus contribute to an investment climate supportive to the Union’s, decarbonisation objectives. Cross- subsidies should not be financed by network users in other Member States, regardless as to whether directly or indirectly. It is thus appropriate to collect financing for cross-subsidies only from exit points to final customers within the same Member State. Moreover, as cross- subsidies are exceptional, it should be ensured that they are proportional, transparent, limited in time and set under regulatory supervision, subject to ACER’s opinion and to due notification to the European Commission.
2022/07/15
Committee: ITRE
Amendment 139 #
Proposal for a regulation
Recital 10
(10) A common minimum set of third- party access services is necessary to provide a common minimum standard of access in practice throughout the Union , to ensure that third-party access services are sufficiently compatible and to allow the benefits accruing from a well-functioning internal market in natural gas and biomethane to be exploited.
2022/07/15
Committee: ITRE
Amendment 142 #
Proposal for a regulation
Recital 14
(14) A sufficient level of cross-border gas interconnection capacity should be achieved and market integration fostered in order to complete the internal market in natural gas and biomethane.
2022/07/15
Committee: ITRE
Amendment 155 #
Proposal for a regulation
Recital 33
(33) Transmission system operators could be allowed to reserve storages for natural gas and biomethane exclusively for carrying out their functions and for the purpose of security of supply. The filling of these strategic stocks could be done by means of joint purchasing using the trading platform as mentioned in Article 10 of Commission Regulation (EU) No 312/2014 without prejudice to Union competition rules. Withdrawal of natural gas and biomethane should only be possible for the transmission system operators to carry out their functions or in case of a declared emergency situation, as mentioned in Article 11 (1) of that Regulation, in order not to interfere with the regular functioning of the market.
2022/07/15
Committee: ITRE
Amendment 159 #
Proposal for a regulation
Recital 38
(38) In order to exploit the most economic locations for the production of renewable and low carbon gases, network users should benefit from discounts in capacity-based transmission tariffs. These should include a discount for injection from renewable and low carbon gases production facilities, a discount for tariffs at entry points from and exit points to storage facilities and a discount on the cross-border tariff and entry points from LNG facilities. In case of a change of the value of non-cross border discounts, the regulatory authority needs to balance out the interest between networks users and network operators taking into account stable financial frameworks specifically for existing investments, in particular for renewable production facilities. Where possible, indicators or conditions for changing the discount should be provided sufficiently before any decision to change the discount is taken. This discount should not affect the general tariff setting methodology, but should be provided ex- post on the relevant tariff. In order to benefit from the discount, network users should present the required information towards the transmission system operator on the basis of a certificate which would be linked to the union database.
2022/07/15
Committee: ITRE
Amendment 164 #
Proposal for a regulation
Recital 40
(40) In order to increase efficiencies in the natural gas distribution networks in the Union and to ensure close cooperation with transmission system operators and the ENTSO for Gas, an entity of gas distribution system operators in the Union (‘EU gas DSO entity’) should be provided for which also includes natural gas distribution system operators. The tasks of the EU DSO entity should be well-defined and its working method should ensure efficiency, transparency and representativeness among Union distribution system operators. The EU gas DSO entity should closely cooperate with the ENTSO for Gas on the preparation and implementation of the network codes where applicable and should work on providing guidance on the integration inter alia of distributed generaas production and other areas, which relate to the management of the gas distribution networks.
2022/07/15
Committee: ITRE
Amendment 168 #
Proposal for a regulation
Recital 43
(43) The blending of hydrogen into the natural gas system ismay be less efficient compared to using hydrogen in its pure form and diminishes the value of hydrogen. It although that will depend over time on the relative price competitiveness of hydrogen compared to natural gas. In case of high blending percentages, it may also affects the operation of gas infrastructure, end- user applications, and the interoperability of cross-border systems. The Member States’ decision on whether to apply blending hydrogen in their national natural gas systems should be preserved. At the same timTherefore, a harmonised approach on blending hydrogen into the natural gas system in the form of a Union- wide allowed cap at cross- border interconnection points between Union Member States, where transmission system operators have to accept natural gas with a blended hydrogen level below the cap, would limit the risk of market segmentation. Adjacent transmission systems should remain free to agree on higher hydrogen blending levels for cross- border interconnection points.
2022/07/15
Committee: ITRE
Amendment 170 #
Proposal for a regulation
Recital 44
(44) A strong cross-border coordination and dispute settlement process between transmission system operators on gas quality, including on biomethane and hydrogen blends, is essential to facilitate efficient transport of natural gas and biomethane across natural gas systems within the Union and thereby to move towards greater internal market integration. Enhanced transparency requirements on gas quality parameters, including on gross calorific value, Wobbe Index and oxygen content, and hydrogen blends and their development over time combined with monitoring and reporting obligations should contribute to the well- functioning of an open and efficient internal market in natural gas and biomethane.
2022/07/15
Committee: ITRE
Amendment 191 #
Proposal for a regulation
Article 2 – paragraph 1 – point 32
(32) ‘virtual trading point’ means a non- physical commercial point within an entry- exit system where gases are exchanged between a seller and a buyer without the need to book transmission or distribution capacity;
2022/07/15
Committee: ITRE
Amendment 223 #
Proposal for a regulation
Article 3 a (new)
Article 3 a Mainstreaming biomethane and hydrogen in the gas system In order to support sustainable production of biomethane to safeguard the security of gas supply in the Union and decrease dependence on fossil natural gas imports, Member States shall ensure collectively that at least 35bcm of biomethane is produced and injected into natural gas system at TSO and DSO levels by 31 December 2030, in line with the REPowerEU objectives. Member States shall also ensure collectively that at least 20 million tonnes of hydrogen are produced or imported in the Union.
2022/07/15
Committee: ITRE
Amendment 225 #
Proposal for a regulation
Article 3 a (new)
Article 3 a EU target for GHG intensity reduction of the gas consumption 1. The domestic consumption of gaseous energy in the European Union shall have a greenhouse gas emissions intensity reduced by at least 20% in 2030 compared to the level of 2018. 2. For the purpose of this article, domestic consumption of gaseous energy shall cover: a. the use of natural gas, biomethane and hydrogen in liquid form; b. the use of natural gas, biomethane and hydrogen for industrial processes.
2022/07/15
Committee: ITRE
Amendment 234 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
2. AUntil at least 31 December 2030, a Member State may allow financial transfers between regulated services that are separate as meant in in the first paragraph, provided that:
2022/07/15
Committee: ITRE
Amendment 246 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
(b) the dedicated charge is collected only from exit points to final customers which will utilise the regulated service receiving the financial transfer, and are located within the same Member States as the beneficiary of the financial transfer;
2022/07/15
Committee: ITRE
Amendment 251 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
(c) the dedicated charge and financial transfer or the methodologies underlying their calculation are approved prior to their entry into force by the regulatory authority referred to in Article 70 and its implementation shall start only at the beginning of a gas-year;
2022/07/15
Committee: ITRE
Amendment 257 #
Proposal for a regulation
Article 4 – paragraph 2 – point d
(d) the approved dedicated charge and financial transfer and the methodologies, where methodologies are approved are published 6 months before their implementation.
2022/07/15
Committee: ITRE
Amendment 262 #
Proposal for a regulation
Article 4 – paragraph 3 – point c
(c) a financial transfer is approved for a limited period in time and can never be longer than one third of the depreciation period of the infrastructure concerned].deleted
2022/07/15
Committee: ITRE
Amendment 265 #
Proposal for a regulation
Article 4 – paragraph 3 – point c a (new)
(c a) Feasibility studies related to the repurposing of the networks to hydrogen are not to be considered as financial transfers between regulated services.
2022/07/15
Committee: ITRE
Amendment 269 #
Proposal for a regulation
Article 4 – paragraph 4 – point b
(b) the calculation of the size and maximum duration of the financial transfer and dedicated charge;deleted
2022/07/15
Committee: ITRE
Amendment 272 #
Proposal for a regulation
Article 4 – paragraph 4 – point c
(c) the criteria to allocate contributions to the dedicated charge among final consumers connected the regulated asset base.deleted
2022/07/15
Committee: ITRE
Amendment 276 #
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 1 a (new)
Notwithstanding paragraphs 1, 2 and 3 of this Article, the Commission is empowered to adopt delegated acts in accordance with Article 63 in order to supplement this Regulation, Directive 2003/87, Regulation 2021/1153 and Regulation (EU) 2022/869 as to provide additional financial resources from EU funds (including and not limited to CEF and Innovation Fund) necessary to support the repurposing of natural gas infrastructure in Member States that are hydrogen "transit/net exporter" Member States.
2022/07/15
Committee: ITRE
Amendment 306 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
2 a. Connection rules and fees for renewable and low carbon gases injecting into the network should ensure proportioned connection costs facilitating their integration onto the network. In the interest of enabling greater penetration of renewable and low carbon gases, national regulatory authorities should be empowered to facilitate discounts on connection fees for renewable and low carbon gas producers. The application of any discounts should be applied in a non- discriminatory and transparent manner and without cross-subsidies impacting transportation tariffs and the connection rules applied should be published.
2022/07/15
Committee: ITRE
Amendment 314 #
Proposal for a regulation
Article 16 – paragraph 1 – point b
(b) capacity-based transmission tariffs at entry points from and exit points to storage facilities, unless a storage facility is connected to more than one transmission or distribution network and used to compete with an interconnection point. Such a discount shall be set at a level of 75% in the Member States where the renewable and low carbon gas was first injected into system.deleted
2022/07/15
Committee: ITRE
Amendment 322 #
Proposal for a regulation
Article 16 – paragraph 5
[...]deleted
2022/07/15
Committee: ITRE
Amendment 325 #
Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point a
(a) Transmission system operators shall be required to provide the discount only for the shortest possible route in terms of border crossings between the location of where the specific proof of sustainability declaration, based on the sustainability certificate, was first recorded in the Union database and where it has been cancelled as considered consumed. Any potential auction premium shall not be covered by the discount.deleted
2022/07/15
Committee: ITRE
Amendment 328 #
Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point b
(b) Transmission system operators shall provide information on actual and expected volumes of renewable and low carbon gases and the effect of applying the tariff discount on their revenues towards the respective regulatory authority. Regulatory authorities shall monitor and assess the impact of the discount on tariff stability.deleted
2022/07/15
Committee: ITRE
Amendment 329 #
Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point c
(c) Once the revenue of a transmission system operator from these specific tariffs is reduced by 10% as a result of applying the discount, the affected and all neighbouring transmission system operators are required to negotiate an inter transmission system operator compensation mechanism. The system operators concerned shall agree within 3 years. Where within that time period no agreement is reached, the involved regulatory authorities shall decide jointly on an appropriate inter transmission system operator compensation mechanism within 2 years. In absence of agreement among the regulatory authorities, Article 6 of ACER Regulation shall apply. Where the regulatory authorities have not been able to reach agreement within 2 years, or upon their joint request, ACER shall decide, in accordance with the second subparagraph of Article 6(10) of Regulation (EU) 2019/942.deleted
2022/07/15
Committee: ITRE
Amendment 332 #
Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point d
(d) Further details required to implement the discount for renewable and low carbon gases, such as the calculation of the eligible capacity for which the discount applies and the required processes, shall be set in a network code established on the basis of Article 53 of this Regulation.deleted
2022/07/15
Committee: ITRE
Amendment 335 #
Proposal for a regulation
Article 17 – paragraph 2
2. The costs of the transmission system operator shall be subject to an efficiency comparison between Union transmission system operators, be appropriately defined by ACER. ACER shall publish on [3 years after transposition] and every four years thereafter a study comparing the efficiency of Union transmission system operators’ costs. The relevant regulatory authorities and the transmission system operators shall provide ACER with all the data necessary for this comparison. The results of such comparison shall be taken into account by the relevant regulatory authorities, together with national circumstances, when periodically setting the allowed or target revenues of transmission system operators.deleted
2022/07/15
Committee: ITRE
Amendment 339 #
Proposal for a regulation
Article 17 a (new)
Article 17 a Assessment of long-term renewable gas potential as a basis for optimised transmission and distribution system development 1 (new). Member States shall be responsible for assessing the potential of biomethane production at a local level throughout their territory, as part of their National Biogas and Biomethane Strategies. This assessment shall be performed within two years after the entry into force of this Regulation. It may build on existing assessments. 2 (new). The scope of biomass considered in this assessment shall include biomass feedstock as defined in Article 2 of Directive 2018/2001 and that fulfils the Union sustainability criteria. 3 (new). Member States shall consult the competent regulatory authority, transmission and distribution system operators in the design phase of the assessment to define: 1. The territorial unit within which a production potential shall be assessed; 2. For the scope of the biomass assessed, the geographical proximity with the existing natural gas networks. 4 (new) During the assessment exercise, the improvement of an existing assessment and the subsequent updates, Member States shall consult regional and local authorities as well as transmission and distribution system operators. It may consult other relevant parties. 5 (new). The assessment may be updated regularly.
2022/07/15
Committee: ITRE
Amendment 341 #
Proposal for a regulation
Article 17 a (new)
Article 17 a Facilitating biomethane connections and potential analysis 1. Member States shall establish regional maps, identifying the areas with the highest potential for sustainable biogas and biomethane production and that fulfils the Union sustainability criteria as defined in Directive2018/2001 due to the availability of raw materials (i.e. waste/residues) and existing operating biogas or biomethane plants.2. Distribution system operators and transmission system operators shall be obliged to map connection potentials based on existing and expected capacity to facilitate connection requests, taking into consideration the potential for an increase of sustainable biogas and biomethane production provided on the basis of paragraph 1.3. On this basis, National Regulatory Authorities should be identifying projects to pool multiple sources of biogas to a central upgrading biomethane plant for injection into the gas grid. A progress report on the production,transportation and uptake of biomethane should be issued by National Regulatory Authorities regularly starting in 2024, in cooperation with relevant stakeholders.
2022/07/15
Committee: ITRE
Amendment 344 #
Proposal for a regulation
Article 18 – paragraph 1
1. Transmission system operators shall ensure firm capacity for the access of production facilities of renewable and low carbon gases connected to their grid. For this purpose, transmission system operators shall develop in cooperation with the distribution system operators procedures and arrangementsnetwork connection and reinforcements plans as set out in Article 53bis of (reference to the revised Gas Directive), as well as procedures and arrangements necessary to implement the necessary network reinforcements (as defined in Article 2, point 35bis of the reference to the revised Gas Directive), including investments, to ensure aiming to operate a reverse flow from distribution to transmission network.
2022/07/15
Committee: ITRE
Amendment 349 #
Proposal for a regulation
Article 19 – paragraph 1
1. Transmission system operators shall cooperate to avoid restrictions to cross-border flows due to gas quality differences on interconnection points between Union Member States. When cooperating, transmission system operators shall take into account characteristics of installations of final gas customers and these customers' rights.
2022/07/15
Committee: ITRE
Amendment 350 #
Proposal for a regulation
Article 19 – paragraph 1 a (new)
1 a. For hydrogen blended into the natural gas system, this Article should only apply to gas flows with a hydrogen content up to 5-10% by volume.
2022/07/15
Committee: ITRE
Amendment 352 #
Proposal for a regulation
Article 19 – paragraph 1 b (new)
1 b. Member States shall ensure that diverging technical specifications, including gas quality parameters such as oxygen content and hydrogen blending in the natural gas system are not used to restrict cross-border gas flows.
2022/07/15
Committee: ITRE
Amendment 353 #
Proposal for a regulation
Article 19 – paragraph 1 c (new)
1 c. Member States shall ensure that diverging technical specifications, including gas quality parameters such as oxygen content and hydrogen blending in the natural gas system are not used to restrict cross-border gas flows.
2022/07/15
Committee: ITRE
Amendment 354 #
Proposal for a regulation
Article 19 – paragraph 4 – introductory part
4. Where the concerned regulatory authorities recognise the restriction, they shall request the concerned transmission system operators to perform, within 12 months from the recognition, the following actions in sequence:
2022/07/15
Committee: ITRE
Amendment 357 #
Proposal for a regulation
Article 19 – paragraph 4 – point a
(a) cooperate and develop technically feasible options, without changing the gas quality specifications, which may include flow commitments and gas treatment, in order to remove the recognised restriction and taking into account information provided by end-customers directly connected to the transmission system operator grid or distribution system operator that could be affected by that process;
2022/07/15
Committee: ITRE
Amendment 362 #
Proposal for a regulation
Article 19 – paragraph 6 a (new)
6 a. The concerned regulatory authorities may, in duly justified cases related to safety or security concerns, in their joint coordinated decision described in paragraph 6 decide to grant exemptions to transmission system operators from the obligation to accept gas flows with a hydrogen content of up to 5% as set out in Article 20(1) to remove the recognised restriction. Duly justified cases may also include arrangements to optimise the use of hydrogen blending in the EU by allocating the available firm hydrogen blending capacity within the system and across borders.
2022/07/15
Committee: ITRE
Amendment 363 #
Proposal for a regulation
Article 19 – paragraph 6 b (new)
6 b. The regulatory authorities shall notify the Commission without delay of their decision to grant an exemption referred to in paragraph 7, together with all the relevant information with respect to the exemption. That information may be submitted to the Commission in an aggregated form, enabling the Commission to reach a well-founded decision.
2022/07/15
Committee: ITRE
Amendment 364 #
Proposal for a regulation
Article 19 – paragraph 6 c (new)
6 c. Within a period of two months from the day following the receipt of a notification, the Commission may take a decision requiring the regulatory authorities to amend or withdraw the decision to grant an exemption. That two- month period may be extended by an additional period of two months where further information is sought by the Commission. That additional period shall begin on the day following the receipt of the complete information. The initial two- month period may also be extended with the consent of both the Commission and the regulatory authority. The regulatory authorities shall comply with the Commission decision to amend or withdraw the exemption decision and shall inform the Commission accordingly.
2022/07/15
Committee: ITRE
Amendment 372 #
Proposal for a regulation
Article 20 – paragraph 1
1. Transmission system operators shall accept gas flows with a hydrogen content of up to 5-10% by volume at interconnection points between Union Member States in the natural gas system from 1 October 2025, subject to the procedure described in Article 19 of this Regulation.
2022/07/15
Committee: ITRE
Amendment 374 #
Proposal for a regulation
Article 20 – paragraph 1 a (new)
1 a. Member States shall define a clear pathway and timely define a course of actions to enable 5% minimum blending thresholds at Interconnection Points by 2025.
2022/07/15
Committee: ITRE
Amendment 383 #
Proposal for a regulation
Article 21 – paragraph 1
All gas transmission system operators and hydrogen network operators shall cooperate at Union level through the European Network of Transmission System Operators for Gas (the ENTSO for Gas), in order to promote the completion and functioning of the internal market in natural gas and hydrogen and cross-border trade and to ensure the optimal management, coordinated operation and sound technical evolution of the natural gas transmission network and of the hydrogen network.
2022/07/15
Committee: ITRE
Amendment 388 #
Proposal for a regulation
Article 23 – paragraph 1
1. The ENTSO for Gas shall elaborate network codes in the areas referred to in paragraph 6 of this Articleset out in Article 53 and 54 upon a request addressed to it by the Commission in accordance with Article 53(9) or Article 54 (9).
2022/07/15
Committee: ITRE
Amendment 390 #
Proposal for a regulation
Article 23 – paragraph 2
2. The ENTSO for Gas may elaborate network codes in the areas set out in paragraph 6Article 53 and 54 with a view to achieving the objectives set out in Article 21 where those network codes do not relate to areas covered by a request addressed to it by the Commission. Those network codes shall be submitted to ACER for an opinion. That opinion shall be duly taken into account by the ENTSO for Gas.
2022/07/15
Committee: ITRE
Amendment 394 #
Proposal for a regulation
Article 23 – paragraph 3 – point b
(b) a non-binding Union -wide ten-year network development plan ( Union -wide network development plan) for gas and hydrogen networks, including a European supply adequacy outlook, every two years;
2022/07/15
Committee: ITRE
Amendment 400 #
Proposal for a regulation
Article 23 – paragraph 3 – point c
(c) recommendations relating to the coordination of technical cooperation between Union and third-country transmission system operators and hydrogen network operators;
2022/07/15
Committee: ITRE
Amendment 401 #
Proposal for a regulation
Article 23 – paragraph 3 – point c a (new)
(c a) recommendations relating to the coordination of technical cooperation between gas transmission and distribution system operators on one hand, and hydrogen network operators on the other hand in the Union;
2022/07/15
Committee: ITRE
Amendment 405 #
Proposal for a regulation
Article 23 – paragraph 3 – point g
(g) a gas quality monitoring report by 15 May 2024 and a gas and hydrogen quality monitoring report by 15 May 2026 at the latest and every two years afterwards, including developments of gas quality parameters, developments of the level and volume of hydrogen blended into the natural gas system, forecasts for the expected development of gas quality parameters and of the volume of hydrogen blended into the natural gas system, the impact of blending hydrogen on cross- border flows as well as information on cases related to differences in gas quality specifications or in specifications of blending levels and how such cases were settled.
2022/07/15
Committee: ITRE
Amendment 410 #
Proposal for a regulation
Article 23 – paragraph 3 – point h
(h) The gas and hydrogen quality monitoring report shall also cover the development for the areas listed in point (g) where as far as relevant for the distribution network, based on information provided by the entity of distribution system operators in the Union (‘EU DSO entity’).
2022/07/15
Committee: ITRE
Amendment 412 #
Proposal for a regulation
Article 23 – paragraph 4 – introductory part
4. The European supply adequacy outlook referred to in paragraph 3, point (b), shall cover the overall adequacy of the gas and hydrogen systems to supply current and projected demands for gas and hydrogen for the next five-year period as well as for the period between five and 10 years from the date of that outlook. The European supply adequacy outlook shall build on national supply outlooks prepared by each individual gas transmission system operator. and hydrogen network operator.
2022/07/15
Committee: ITRE
Amendment 419 #
Proposal for a regulation
Article 23 – paragraph 6
6. The network codes referred to in paragraphs 1 and 2 shall cover the following areas, taking into account, if appropriate, regional special characteristics: (a) network security and reliability rules; (b) network connection rules; (c) third-party access rules; (d) data exchange and settlement rules; (e) interoperability rules; (f) operational procedures in an emergency; (g) capacity-allocation and congestion- management rules; (h) rules for trading related to technical and operational provision of network access services and system balancing; (i) transparency rules; (j) balancing rules including network- related rules on nominations procedure, rules for imbalance charges and rules for operational balancing between transmission system operators' systems; (k) rules regarding harmonised transmission tariff structures; (l) energy efficiency regarding gas networks; (m) cyber security regarding gas networks.deleted
2022/07/15
Committee: ITRE
Amendment 437 #
Proposal for a regulation
Article 27 – paragraph 1
The costs related to the activities of the ENTSO for Gas referred to in Articles 21 to 23 , 52, 53 and 534 of this Regulation, and in Article 11 of Regulation (EU) No 347/2013 of the European Parliament and of the Council11 shall be borne by the gas transmission system operators and the hydrogen network operators and shall be taken into account in the calculation of tariffs. Regulatory authorities shall approve those costs only if they are reasonable and appropriate. _________________ 11 Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure (OJ L 115, 25.4.2013, p. 39).
2022/07/15
Committee: ITRE
Amendment 439 #
Proposal for a regulation
Article 28 – paragraph 1
1. TGas transmission system operators and hydrogen network operators shall establish regional cooperation within the ENTSO for Gas to contribute to the tasks referred to in Article 23 (1), (2) and (3).
2022/07/15
Committee: ITRE
Amendment 463 #
Proposal for a regulation
Article 33 – paragraph 1
1. Distribution system operators shall ensure firm capacity and continuous injection for the access of the production facilities renewable and low carbon gases connected to their grid. To this extent, distribution system operators shall develop in cooperation among themselves and with the transmission system operators procedures and arrangnetwork connection and reinforcements plans as set out in Article 53bis of (reference to the revised Gas Directive), as well as procedures and arrangements necessary to implement the necessary network reinforcements, including investments, to ensure in reverse flow from distribution to transmission network. or network meshing between several zones within the distribution system area.
2022/07/15
Committee: ITRE
Amendment 466 #
Proposal for a regulation
Article 34 – title
Cooperation between distribution system operators and, gas transmission system operators and hydrogen network operators
2022/07/15
Committee: ITRE
Amendment 468 #
Proposal for a regulation
Article 34 – paragraph 1
Distribution system operators shall cooperate with other distribution system operators and, gas transmission system operators and hydrogen network operators to coordinate maintenance, system development, new connections and the operation of the system to ensure system integrity and with a view to maximise capacity and minimise the use of fuel gas.
2022/07/15
Committee: ITRE
Amendment 474 #
Proposal for a regulation
Article 36 – paragraph 1
Distribution system operators operating a natural gas system shall cooperate at Union level through thea specific European entity for gas distribution system operators (‘EU DSO entity’) set up in accordance within permanent cooperation and coordination with the EU DSO entity set up through provisions corresponding to those established by Articles 52 to 57 of Regulation (EU) 2019/943 of the European Parliament and of the Council12 , in order to promote the completion and functioning of the internal market for natural gas and to promote optimal management and a coordinated operation of distribution and transmission systems. . _________________ 12 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54).
2022/07/15
Committee: ITRE
Amendment 478 #
Registered members may participate in the EU DSO entity directly or be represented by a national association designated by a Member State or by a Union-level association.; national associations designated by a Member State and Union- level associations shall be involved, from the early stages, in the establishment of the EU gas DSO entity with an initiative and decision-making power
2022/07/15
Committee: ITRE
Amendment 485 #
Proposal for a regulation
Article 36 a (new)
Article 36 a Establishment of the EU DSO entity for gas 1. The EU DSO entity for gas shall consist of, at least, a general assembly, a board of directors, a strategic advisor group, expert groups and a secretary-general. 2. By XX XXX 20XX, the distribution system operators shall submit to the Commission and to ACER, the draft statutes, in accordance with Article 37, including a code of conduct, a list of registered members, the draft rules of procedure, including the rules of procedures on the consultation with the ENTSO for Gas, the ENNOH and other stakeholders and the financing rules, of the EU DSO entity for gas to be established. The draft rules of procedure of the EU DSO entity for gas shall ensure balanced representation of all participating distribution system operators. 3. Within two months of receipt of the draft statutes, the list of members and the draft rules of procedure, ACER shall provide the Commission with its opinion, after consulting the organisations representing all stakeholders, in particular distribution system users. 4. Within three months of receipt of ACER's opinion, the Commission shall deliver an opinion on the draft statutes, the list of members and the draft rules of procedure, taking into account ACER's opinion as provided for in paragraph 3. 5. Within three months of receipt of the Commission's positive opinion, the distribution system operators shall establish the EU DSO entity for gas and shall adopt and publish its statutes and rules of procedure. 6. The documents referred to in paragraph 2 shall be submitted to the Commission and to ACER where there are changes thereto or upon the reasoned request of either of them. The Commission and ACER shall deliver an opinion in line with the process set out in paragraphs 2, 3 and 4. 14.6.2019EN Official Journal of the European Union L 158/103. 7. The costs related to the activities of the EU DSO entity shall be borne by the distribution system operators that are registered members and shall be taken into account in the calculation of tariffs. Regulatory authorities shall only approve costs that are reasonable and proportionate.
2022/07/15
Committee: ITRE
Amendment 499 #
Proposal for a regulation
Article 38 – title
Additional tasks of the EU DSO entity for gas
2022/07/15
Committee: ITRE
Amendment 501 #
Proposal for a regulation
Article 38 – paragraph 1
1. 1. The tasks of the EU DSO entity shall exercise the tasks listed in Article 55(1) points (a) to (e) of Regulation (EU) 2019/943 and undertake the activities listed in Article 55(2) points (c) to (e) of that Regulation also as regards those distribution networks which are part of the natural gas systemfor gas shall be the following: (a) promoting operation and planning of distribution networks in coordination with the operation and planning of transmission networks; (b) facilitating the integration of renewable energy resources, distributed generation and other resources embedded in the distribution network; (c) facilitating and contributing to the development of gas quality and safety standards for the injection of hydrogen and biomethane into distribution networks; (d) facilitating demand side flexibility and response and distribution grid users' access to markets; (e) contributing to the digitalisation of distribution systems including deployment of smart metering systems. (f) supporting the development of data management, cyber security and data protection in cooperation with relevant authorities and regulated entities; (g) work on identifying best practices in the area of energy efficiency improvements in the distribution network; (h) adopt an annual work programme and an annual report; (i) operate in accordance with competition law and ensure neutrality.
2022/07/15
Committee: ITRE
Amendment 505 #
Proposal for a regulation
Article 38 – paragraph 2 – introductory part
2. In addition to the tasks listed in Article 55(1) of Regulation (EU) 2019/943 tThe EU DSO entity for gas shall participate in the development of network codes which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission networks and distribution networks pursuant to this Regulation and contribute to mitigating fugitive methane emissions from the natural gas system. .
2022/07/15
Committee: ITRE
Amendment 507 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1
When participating in the development of new network codes pursuant to Article 53, the EU DSO entity shall comply with the consultation requirements as laid down in Article 56 of Regulation (EU) 2019/943for gas shall conduct an extensive consultation process, at an early stage and in an open and transparent manner, involving all relevant stakeholders .
2022/07/15
Committee: ITRE
Amendment 521 #
Proposal for a regulation
Article 38 – paragraph 4
4. The EU DSO entity for gas shall provide input to the ENTSO for Gas for its reporting on gas quality, with regard to the distribution networks where distribution system operators are responsible for gas quality management, as referred to in Article 23(3).
2022/07/15
Committee: ITRE
Amendment 526 #
Proposal for a regulation
Article 40
[...]deleted
2022/07/15
Committee: ITRE
Amendment 534 #
Proposal for a regulation
Article 41
1. Until the ENNOH is established in line with Article 40, the Commission will set up a temporary platform involving ACER and all relevant market participants, including the ENTSO for Gas, the ENTSO for Electricity and the EU DSO entity and ensures its administrative support. This platform will promote work on scoping and developing issues relevant for the building up of the hydrogen network and markets. The platform will cease to exist once ENNOH is established. 2. Until the ENNOH is established, the ENTSO for Gas will be responsible for the development of Union-wide network development plans for gas and hydrogen networks. In carrying out this task ENTSO for Gas shall ensure the effective consultation and inclusion of all market participants, including hydrogen market participants.Article 41 deleted Transition to the ENNOH
2022/07/15
Committee: ITRE
Amendment 543 #
Proposal for a regulation
Article 42
[...]deleted
2022/07/15
Committee: ITRE
Amendment 556 #
Proposal for a regulation
Article 43
Ten-year network development plan for 1. The Union-wide ten-year network development plan referred to in Article 42 shall include the modelling of the integrated network, scenario development and an assessment of the resilience of the system. . The Union-wide ten-year network development plan shall in particular: (a) build on the national hydrogen network development reporting as set out in Article 52 of recast Gas Directive where available and Chapter IV of Regulation (EU) xxx [TEN-E Regulation]; (b) regarding cross-border interconnections, also build on the reasonable needs of different network users and integrate long-term commitments from investors referred to in Articles 55 and Chapter IX Section 3 of recast Gas Directive; (c) identify investment gaps, notably with respect to cross-border capacities. With regard to the second subparagraph, point (c), a review of barriers to the increase of cross-border capacity of the network arising from different approval procedures or practices may be annexed to the Union-wide network development plan. 2. ACER shall provide an opinion on the national hydrogen network development reports where relevant to assess their consistency with the Union-wide network development plan. If ACER identifies inconsistencies between a national hydrogen network development report and the Union-wide network development plan, it shall recommend amending the national hydrogen network development report or the Union-wide network development plan as appropriate. 3. When developing the Union-wide ten- year network development plan as referred to in Article 42, the ENNOH shall cooperate with the ENTSO for Electricity and with the ENTSO for Gas, in particular on the development of the energy system wide cost-benefit analysis and the interlinked energy market and network model including electricity, gas and hydrogen transport infrastructure as well as storage, LNG and hydrogen terminals and electrolysers referred to in Article 11 [TEN-E revision], the scenarios for the Ten-Year Network Development Plans referred to in Article 12 [TEN-E revision] and the infrastructure gaps identification referred to in Article 13 [TEN-E revision].Article 43 deleted hydrogen
2022/07/15
Committee: ITRE
Amendment 570 #
Proposal for a regulation
Article 44
The costs related to the activities of the ENNOH for Hydrogen referred to in Articles 42 of this Regulation shall be borne by the hydrogen network operators and shall be taken into account in the calculation of tariffs. Regulatory authorities shall approve those costs only if they are reasonable and appropriate.4 deleted Costs
2022/07/15
Committee: ITRE
Amendment 574 #
Proposal for a regulation
Article 45
1. While preparing the proposals pursuant to the tasks referred to in Article 42, the ENNOH shall conduct an extensive consultation process at an early stage and in an open and transparent manner, involving all relevant market participants, and in particular the organisations representing all stakeholders, in accordance with the rules of procedure referred to in Article 40 of this Regulation. The consultation process shall accommodate stakeholder comments before the final adoption of the proposal, aiming at identifying the views and proposals of all relevant parties during the decision-making process. The consultation shall also involve regulatory authorities and other national authorities, producers, network users including customers, technical bodies and stakeholder platforms. 2. All documents and minutes of meetings related to the consultation shall be made public. 3. Before adopting the proposals referred to in Article 42 the ENNOH shall indicate how the observations received during the consultation have been taken into consideration. It shall provide reasons where observations have not been taken into account.Article 45 deleted Consultation
2022/07/15
Committee: ITRE
Amendment 576 #
Proposal for a regulation
Article 46
1. ACER shall monitor the execution of the tasks of the ENNOH referred to in Article 42 and report its findings to the Commission. 2. ACER shall monitor the implementation by the ENNOH of network codes and guidelines adopted by the Commission as laid down in Articles 54, 55, and 56. Where the ENNOH has failed to implement such network codes or guidelines, ACER shall request the ENNOH to provide a duly reasoned explanation as to why it has failed to do so. ACER shall inform the Commission of that explanation and provide its opinion thereon. 3. The ENNOH shall submit the draft Union-wide network development plan, the draft annual work programme, including the information regarding the consultation process, and the other documents referred to in Article 42 to ACER for its opinion. . Where it considers that the draft annual work programme or the draft Union-wide network development plan submitted by the ENNOH does not contribute to non- discrimination, effective competition, the efficient functioning of the market or a sufficient level of cross-border interconnection, ACER shall provide a duly reasoned opinion as well as recommendations to the ENNOH and to the Commission within two months of the submission of the programme or the plan.Article 46 deleted Monitoring by ACER
2022/07/15
Committee: ITRE
Amendment 581 #
Proposal for a regulation
Article 47
Regional cooperation of hydrogen 1. Hydrogen network operators shall establish regional cooperation within the ENNOH to contribute to the tasks referred to in Article 42. 2. Hydrogen network operators shall promote operational arrangements in order to ensure the optimum management of the network and shall ensure interoperability of the interconnected Union hydrogen system for facilitating commercial and operational cooperation between adjacent hydrogen network operators.Article 47 deleted network operators
2022/07/15
Committee: ITRE
Amendment 583 #
Proposal for a regulation
Article 52 – paragraph 2 – point d
(d) apply to all interconnection points within the Union and entry points from and exit points to third countries.deleted
2022/07/15
Committee: ITRE
Amendment 591 #
Proposal for a regulation
Article 53 – paragraph 10
10. The ENTSO for Gas, or where provided for in the priority list referred to in paragraph 3 the EU DSO entity, in cooperation with the ENTSO for Gas, shall convene a drafting committee to support it in the network code development process. The drafting committee shall consist of representatives of ACER, the ENTSO for Gas, the ENNOH, where appropriate the EU DSO entity, and a limited number of the main affected stakeholders. The ENTSO for Gas or where provided for in the priority list pursuant to paragraph 3 the EU DSO entity, in cooperation with the ENTSO for Gas, shall develop proposals for network codes in the areas referred to in paragraphs 1 and 2 where so requested by the Commission in accordance with paragraph 9.
2022/07/15
Committee: ITRE
Amendment 599 #
Proposal for a regulation
Article 54 – paragraph 10
10. The ENNOHTSO for gas shall convene a drafting committee to support it in the network code development process. The drafting committee shall consist of representatives of ACER, the ENTSO for Gas, the ENTSO for Electricity and where appropriate the EU DSO entity, and a limited number of the main affected stakeholders. The European Network of Network Operators for HydrogenNTSO for gas shall develop proposals for network codes in the areas referred to in paragraphs 1 and 2.
2022/07/15
Committee: ITRE