104 Amendments of Niels FUGLSANG related to 2020/0360(COD)
Amendment 104 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
Amendment 111 #
Proposal for a regulation
Recital 5
Recital 5
(5) The evaluation of Regulation (EU) No 347/2013 has clearly shown that the framework has effectively improved the integration of Member States’ networks, stimulated energy trade and hence contributed to the competitiveness of the Union. Projects of common interest in electricity and gas have strongly contributed to security of supply. For gas, the infrastructure is now well connected and supply resilience has improved substantially since 2013. Therefore there will be no need for further development in that area. Regional cooperation in Regional Groups and through cross-border cost allocation is an important key enabler for project implementation. However, in many cases the cross-border cost allocation did not result in reducing the financing gap of the project, as intended. While the majority of permitting procedures have been shortened, in some cases the process is still long. The financial assistance from the Connecting Europe Facility (CEF) has been an important factor as grants for studies have helped projects to reduce risks in the early stages of development, while grants for works have supported projects addressing key bottlenecks that market finance could not sufficiently address.
Amendment 114 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The European Parliament has called for a revision of the TEN-E Regulation to align it with the Union’s energy and climate targets for 2030, the Union’s climate neutrality commitment, taking into account the principle of 'energy efficiency first'.
Amendment 126 #
Proposal for a regulation
Recital 10
Recital 10
(10) The Union’s energy infrastructure should be resilient to the unavoidable impacts that climate change is estimated to create in Europe in spite of the mitigation efforts. Hence, contribute to climate change mitigation, strengthening the efforts on climate adaptation, resilience building, disaster prevention and preparedness is crucial.
Amendment 134 #
Proposal for a regulation
Recital 11
Recital 11
(11) Security of supply, as one main driver behind Regulation (EU) No 347/2013, has been significantly improved through projects of common interest. Moreover, the Commission’s climate target impact assessment27 expects the consumption of natural gas to be reduced significantly because its non-abated use is not compatible with carbon-neutrality. On the other hand, the consumption of biogas, renewable and low-carbon hydrogen and synthetic gaseous fuels will increase significantly towards 2050. Therefore it is important to underline, the natural gas infrastructure no longer needs support through the TEN-E policy. The planning of energy infrastructure should reflect this changing gas landscape. _________________ 27SWD(2020) 176 final
Amendment 143 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Commission’s communication on energy system integration underlines the need for integrated energy infrastructure planning across energy carriers, infrastructures, and consumption sectors. Such system integration starts from the point of departure of applying the energy efficiency first principle and taking a holistic approach beyond individual sectors. It also addresses the decarbonisation needs of the hard to abate sectors, such as parts of industry or certain modes of transport, where direct electrification is, currently, technically or economically challenging. Such investments include hydrogen and electrolysers, which are progressing towards commercial large-scale deployment. The Commission’s Hydrogen Strategy gives priority to hydrogen production from renewable electricity, which is the cleanest solution and is most compatible with the EU climate neutrality objective. In a transitional phase however, other forms of low-carbon Further investments on renewable hydrogen are needed to more rapidly replace existing hydrogen and kick- start an economy of scale.
Amendment 147 #
Proposal for a regulation
Recital 14
Recital 14
(14) Moreover, the Commission’s Hydrogen Strategy29 concluded that for the required deployment of hydrogen a large- scale infrastructure network is an important element that only the Union and the single market can offer. There is currently very limited dedicated infrastructure in place to transport and trade hydrogen across borders. Such should consist of a significant extent of assets converted from natural gas, complemented by new assets dedicated to hydrogen. Furthermore, the Hydrogen Strategy sets a strategic goal to increase installed electrolyser capacity to 40 GW by 2030 in order to scale up the production of renewable hydrogen and facilitate the decarbonisation of fossil-fuel dependent sectors, such as industry or transport. Therefore, the TEN-E policy shouldmust include new and repurposed hydrogen transmission infrastructure and storage as well as electrolyser facilities. Hydrogen transmission and storage infrastructure should also be included in the Union-wide ten-year network development plan so as to allow a comprehensive and consistent assessment of their costs and benefits for the energy system, including their contribution to sector integration and decarbonisation, with the aim of creating a hydrogen backbone for the Union. _________________ 29A hydrogen strategy for a climate- neutral Europe, COM(2020) 301 final.
Amendment 152 #
Proposal for a regulation
Recital 15
Recital 15
(15) Moreover, a new infrastructure category should be created for smart gas grids to support investments which integrate renewable and low carbon gases such as biogas, biomethane, and hydrogen, in the network and help manage a resulting more complex system, building on innovative digital technologies.
Amendment 161 #
Proposal for a regulation
Recital 16
Recital 16
(16) Regulation (EU) No 347/2013 requires a candidate project of common interest to prove a significant contribution to at least one criterion from a set of criteria in the process for the elaboration of the Union list, which may, but does not need to, include sustainability. That requirement, in line with the specific needs of the internal energy market at the time, enabled development of projects of common interest which addressed only security of supply risks even if they did not demonstrate benefits in terms of sustainability. However, given the evolution of the Union infrastructure needs and the decarbonisation goals, the Conclusions of the 2020 July European Council, according to which “Union expenditure should be consistent with Paris Agreement objectives and the "do no harm" principle of the European Green Deal, sustainability in terms of the integration of renewable energy sources into the grid or the reduction of greenhouse gas emissions, as relevant, should be assessed in order to ensure that TEN-E policy is coherent with energy and climate policy objectives of the Union. The sustainability of CO2 transport networks is addressed by their purpose to transport and store carbon dioxide.
Amendment 167 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Union should facilitate infrastructure projects linking the Union’s energy networks with third-country networks that are mutually beneficial and necessary for the energy transition and the achievement of the climate targets, and which also meet the specific criteria of the relevant infrastructure categories pursuant to this Regulation, in particular with neighbouring countries and with countries with which the Union has established specific energy cooperation. Therefore, this Regulation shouldmust include in its scope the possibility of projects of mutual interest where they are sustainable and able to demonstrate significant net socio-economic benefits for at least two Member States and at least one third country. This to secure future and fair cooperation. Such projects would be eligible for inclusion in the Union list upon conditions of regulatory approximation with the Union and upon demonstrating a contribution to the Union’s overall energy and climate objectives in terms of security of supply and decarbonisation. Such regulatory alignment or convergence should be presumed for the European Economic Area or Energy Community Contracting Parties. In addition, the third country with which the Union cooperates in the development of projects of mutual interest should facilitate a similar timeline for accelerated implementation and other policy support measures, as stipulated in this Regulation. Therefore, in this Regulation, projects of mutual interest should be considered in the same manner as projects of common interest with all provisions relative to projects of common interest applying also to projects of mutual interest, unless otherwise specified.
Amendment 170 #
Proposal for a regulation
Recital 18
Recital 18
(18) Furthermore, to achieve the Union’s 2030 and 2050 climate and energy targets and climate neutrality objective, Europe needs to significantly scale up renewable electricity generation. The existing infrastructure categories for electricity transmission and storage are crucial for the integration of the significant increase in renewable electricity generation in the power grid and for the achievement of the 15 % electricity interconnection target for 2030. In addition, that requires stepping up investment in offshore renewable energy30 . Coordinating long- term planning and development of offshore and onshore electricity grids should also be addressed. In particular, offshore infrastructure planning should move away from the project-by-project approach towards a coordinated comprehensive approach ensuring the sustainable development of integrated offshore grids in line with the offshore renewable potential of each sea basin, environmental protection and other uses of the sea. _________________ 30 Offshore Strategy Communication
Amendment 172 #
Proposal for a regulation
Recital 18
Recital 18
(18) Furthermore, to achieve the Union’s 2030 and 2050 climate and energy targets and climate neutrality objective, Europe needs to significantly scale up renewable electricity generation. The existing infrastructure categories for electricity transmission and storage are crucial for the integration of the significant increase in renewable electricity generation in the power grid. In addition, that requires stepping up investments in offshore renewable energy30 to make this technology mature and more cost-efficient. Coordinating long- term planning and development of offshore and onshore electricity grids should also be addressed. In particular, offshore infrastructure planning should move away from the project-by-project approach towards a coordinated comprehensive approach ensuring the sustainable development of integrated offshore grids in line with the offshore renewable potential of each sea basin, environmental protection and other uses of the sea. _________________ 30 Offshore Strategy Communication
Amendment 179 #
Proposal for a regulation
Recital 20
Recital 20
(20) The Union-wide ten-year network development plan process as basis for the identification of projects of common interest in the categories of electricity and gas has proven to be effective. However, while the European Network of Transmission System Operators for Electricity and for Gas (ENTSOs) and transmission system operators have an important role to play in the process, more scrutiny is required, in particular as regards defining the scenarios for the future, identifying long-term infrastructure gaps and bottlenecks and assessing individual projects, to enhance trust in the process. Therefore, due to the need for independent validation, the Agency for the Cooperation of Energy Regulators (‘the Agency’) and the Commission should have an increased role in the process, including in the process for drawing up the Union-wide ten-year network development plan pursuant to Regulation (EU) 2019/943 of the European Parliament and of the Council31 and Regulation (EC) No 715/2009 of the European Parliament and of the Council32 . The process should be made in the most effective manner possible to avoid duplication. _________________ 31Regulation (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). 32Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ L 211, 14.8.2009, p. 36).
Amendment 187 #
Proposal for a regulation
Recital 23
Recital 23
(23) Following close consultations with all Member States and stakeholders, the Commission has identified 13 strategic trans-European energy infrastructure priorities, the implementation of which is essential for the achievement of the Union’s 2030 and 2050 energy and climate policy targets. Those priorities cover different geographic regions or thematic areas in the field of electricity transmission and storage, offshore grids for renewable energy, hydrogen transmission and storage, electrolysers, smart gas grids, smart electricity grids, and carbon dioxide transport and storage.
Amendment 200 #
Proposal for a regulation
Recital 33
Recital 33
(33) In order to simplify and expedite the permitting process for offshore grids for renewable energy, the Member States around a particular sea basin should create unique points of contact, referred to as an ‘offshore one-stop shop’, in view of how the regional specificities and geography are being taken into account, for the for facilitating and coordinating the process of granting of permits to such projects. Moreover, the establishment of a one-stop shop per sea basin for offshore grids for renewable energy should reduce complexity, increase efficiency and speed up the permitting process of offshore transmission assets often crossing many jurisdictions.
Amendment 201 #
Proposal for a regulation
Recital 34
Recital 34
(34) Despite the existence of established standards ensuring the participation of the public in environmental decision-making procedures, which apply fully to projects of common interest, additional measures are still required under this Regulation to ensure the highest possible standards of transparency and public participation in all relevant issues in the permit granting process for projects of common interest. Where already covered by national rules under the same or higher standards as in this Regulation, the pre-consultation ahead of the permitting procedure shouldmust become optional and avoid duplication of legal requirements.
Amendment 205 #
Proposal for a regulation
Recital 39
Recital 39
(39) The discussion on the appropriate allocation of costs should be based on the analysis of the costs and benefits of an infrastructure project carried out on the basis of a harmonised methodology for energy-system-wide analysis, using the same scenario used at the time when the project was included in the Union list of projects of common interest, in the framework of the Union-wide ten-year network development plans prepared by the European Networks of Transmission System Operators pursuant to Regulation (EU) 2019/943 and (EC) No 715/2009, and reviewed by the Agency. That analysis can take into consideration indicators and corresponding reference values for the comparison of unit investment costs.
Amendment 238 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
In addition to the definitions in Directives 2009/73/EC, (EU) 2018/200146 and (EU) 2019/944 of the European Parliament and of the Council and in Regulations (EC) No 715/2009, (EU) 2018/1999, (EU) 2019/942, and (EU) 2019/943, the following definitions shall apply for the purposes of this Regulation: _________________ 46Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, OJ L 328, 21.12.2018, p. 82
Amendment 240 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) ‘energy efficiency first’ principle means taking utmost account in energy planning, and in policy and investment decisions, of alternative cost-efficient energy efficiency measures to make energy demand and energy supply more efficient, in particular by means of cost- effective end-use energy savings, demand response initiatives and more efficient conversion, transmission and distribution of energy, whilst still achieving the objectives of those decisions, as defined in Governance Regulation.
Amendment 242 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1 b) “security of supply or energy security” means the continuous and uninterrupted availability of energy by increasing efficiency and interoperability of transmission and distribution networks, promoting system flexibility, avoiding congestions, ensuring resilient supply chains, cybersecurity and the protection and climate adaptation of all, and in particular, ‘critical’ infrastructure while reducing strategic energy dependencies.
Amendment 256 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘smart electricity grid’ means an electricity network where the grid operator can digitally monitor the actions of the users connected to it, and information and communication technologies (ICT) for communicating with related grid operators, generators, energy storage, consumers and/or prosumers, with a view to transmitting electricity in a sustainable, cost-efficient and secure way; promoting renewable energy sources and enabling the energy system integration;
Amendment 264 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘smart gas grid’ means a gas network that makes use of innovative digital solutions to integrate in a cost efficient manner a plurality of low-carbon and renewable gas sources in accordance with consumers’ needs and gas quality requirements in order to reduce the carbon footprint of the related gas consumption, enable an increased share of renewable and low-carbon gases, and create links with other energy carriers and sectors;
Amendment 315 #
Proposal for a regulation
Article 4 – paragraph 1 – point c – point ii a (new)
Article 4 – paragraph 1 – point c – point ii a (new)
(ii a) the project is in line with the “energy efficiency first” principle, i.e. promoters demonstrate the use of energy efficiency approaches to technology, and operation of the network in design, development and delivery of the project.
Amendment 326 #
Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(a a) the project is in line with the “energy efficiency first” principle, i.e. promoter demonstrate the use of energy efficiency approaches to technology, and operation of the network in design, development and delivery of the project.
Amendment 338 #
Proposal for a regulation
Article 4 – paragraph 2 – point e – point ii
Article 4 – paragraph 2 – point e – point ii
ii) security of energy supplies based on cooperation and solidarity; with the purpose of reducing strategic energy dependencies ;
Amendment 359 #
Proposal for a regulation
Article 4 – paragraph 3 – point b – introductory part
Article 4 – paragraph 3 – point b – introductory part
(b) for smart electricity grid projects falling under the energy infrastructure category set out in point (1)(d) of Annex II, the project is to contribute significantly to sustainability through the integration of renewable energy into the grid, and at least twoone of the following specific criteria:
Amendment 365 #
Proposal for a regulation
Article 4 – paragraph 3 – point b – point iii a (new)
Article 4 – paragraph 3 – point b – point iii a (new)
(iii a) facilitating smart sector integration in a wider way in favouring synergies and coordination between energy, transport and telecommunication sectors.
Amendment 367 #
Proposal for a regulation
Article 4 – paragraph 3 – point c – introductory part
Article 4 – paragraph 3 – point c – introductory part
(c) for carbon dioxide transport projects falling under the energy infrastructure categories set out in point (5) of Annex II, the project is to contribute significantly to sustainability through avoiding carbon dioxide emissions in a most efficient manner than any other solution, and to all of the following specific criteria:
Amendment 370 #
Proposal for a regulation
Article 4 – paragraph 3 – point c – introductory part
Article 4 – paragraph 3 – point c – introductory part
(c) for carbon dioxide transport and storage projects falling under the energy infrastructure categories set out in point (5) of Annex II, the project is to contribute significantly to all of the following specific criteria:
Amendment 374 #
Proposal for a regulation
Article 4 – paragraph 3 – point c – point ii
Article 4 – paragraph 3 – point c – point ii
(ii) increase the resilience and security of carbon dioxide transport and storage;
Amendment 394 #
Proposal for a regulation
Article 4 – paragraph 3 – point e – point i
Article 4 – paragraph 3 – point e – point i
(i) sustainability, including by reducing greenhouse gas emissions and enhancing the deployment of renewable hydrogen.
Amendment 398 #
Proposal for a regulation
Article 4 – paragraph 3 – point e – point iii
Article 4 – paragraph 3 – point e – point iii
(iii) facilitating smart energy sector integration through linking different energy carriers and sectors or enabling flexibility services such as demand response and storage.
Amendment 408 #
Proposal for a regulation
Article 4 – paragraph 3 – point f – introductory part
Article 4 – paragraph 3 – point f – introductory part
(f) for smart gas grid projects falling under the energy infrastructure category set out in point (2) of Annex II, the project is to contribute significantly to sustainability by enabling and facilitating the integration of renewable and low-carbon gases, such as biomethane, or renewable hydrogen, into the gas distribution and transmission networks in order to reduce greenhouse gas emissions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria:
Amendment 411 #
Proposal for a regulation
Article 4 – paragraph 3 – point f – point iii
Article 4 – paragraph 3 – point f – point iii
(iii) facilitating smart energy sector integration through the creation of links to other energy carriers and sectors and enabling demand response, storage and facilitating flexibility services.
Amendment 424 #
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1 – introductory part
Article 4 – paragraph 5 – subparagraph 1 – introductory part
In assessing projects, to ensure a consistent assessment method among the different Groups each Group shall give due consideration to:
Amendment 432 #
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1 – point c a (new)
Article 4 – paragraph 5 – subparagraph 1 – point c a (new)
(c a) the rules and indicators as set out in Annex IV as well as the Agency’s framework guidelines as set out in Article 12.
Amendment 435 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Project promoters shall draw up an publicly available implementation plan for projects of common interest, including a timetable for each of the following:
Amendment 446 #
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
Amendment 455 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Without prejudice to relevant requirements under international law, Union law and Unational law, the competent authority shall facilitate the issuing of the comprehensive decision. The comprehensive decision shall be the final proof that the project of common interest has achieved ready-to- build status and there shall be no other requirements for any additional permits or authorisations in that respect. The comprehensive decision shall be issued within the time limit referred to in Article 10(1) and (2) and in accordance with one of the following schemes:
Amendment 462 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. By [31 July 2022] and for each specific Regional Group per priority offshore grid corridor, as defined in Annex I, national competent authorities in Member States belonging to the respective Group, shall jointly create unique points of contact, ‘offshore one-stop shops’, for project promoters, which shall be responsible for facilitating and coordinating the permit granting process for offshore grids for renewable energy projects of common interest, taking into account also the need for coordination between the permitting process for the energy infrastructure and the one for the generation assets. The offshore one-stop shops shall act as a repository of existing sea basin studies and plans, aiming at facilitating the permitting process of individual projects of common interest and energy infrastructure for offshore renewable electricity projects and coordinate the issuance of the comprehensive decisions for such projects by the relevant national competent authorities. Each Regional Group per priority offshore grid corridor, with the assistance of the national competent authorities in the Members States belonging to the Group, shall set-up the offshore one-stop shops depending on regional specificities and geography and determine their location, resource allocation and specific rules for their functioning.
Amendment 488 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. By [16 November 2022], the Agency in collaboration with the European Network of Transmission System Operators (ENTSO) for Electricity and the ENTSO for Gas, shall publish and submit to Member States, the Commission and the Agency their respectivethe integrated methodologies, including the network and market modelling, for a harmonised energy system-wide cost- benefit analysis at Union level for projects of common interest falling under the categories set out in points (1)(a), (b), (c) and (e) and point (3) of Annex II.
Amendment 493 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Those methodologies shall be applied for the preparation of each subsequent Union– wide ten-year network development plans developed by the ENTSO for Electricity or the ENTSO for Gas pursuant to Article 8 of Regulation (EC) No 715/2009 and Article 30 of Regulation (EU) 2019/943Agency. Those methodologies shall be drawn up in line with the principles laid down in Annex V and be consistent with the rules and indicators set out in Annex IV.
Amendment 495 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Prior to submitting their respective methodologies, the ENTSO for Electricity and the ENTSO for GasAgency shall conduct an extensive consultation process involving the ENTSO for Electricity and the ENTSO for Gas and at least the organisations representing all relevant stakeholders, including the entity of distribution system operators in the Union (‘EU DSO entity’), all relevant hydrogen stakeholders and, where it is deemed appropriate the national regulatory authorities and other national authorities.
Amendment 499 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Within three months of the receipt of the methodologies, together with the input received in the consultation process and a report on how it was taken into account, the Agency shall providehe Commission, Member States and the ENTSOs may deliver an opinion ton the ENTSO for Electricity, the ENTSO for Gas, the Member States, and the Commissionmethodologies. The opinions shall be submitted to the Agency and be publish it on the Agency’s websitcly available.
Amendment 505 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 508 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 513 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. No later than three months of the day of receipt of the Commission’s opinion, as referred to in paragraph 4, the ENTSO for Electricity and the ENTSO for GasAgency shall adapt their respective methodologies taking due account of the Commission’s opinion, or justifying the reasons if not taken into consideration, and submit them to the Commission for approval.
Amendment 519 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
Amendment 522 #
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
Amendment 526 #
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
8. Within two weeks of the approval by the Agency or the Commission in accordance with paragraphs 5 and 6, the ENTSO for Electricity and the ENTSO for Gas, the Agency shall publish their respective methodologies on theirits websites. The agency shall publish the corresponding input data and other relevant network, load flow and market data in a sufficiently accurate form in accordance with national law and relevant confidentiality agreements.
Amendment 532 #
Proposal for a regulation
Article 11 – paragraph 9
Article 11 – paragraph 9
9. The methodologies shall be updated and improved regularly following the procedure described in paragraphs 1 to 6.this Article The Agency, on its own initiative or upon a duly reasoned request by national regulatory authorities or stakeholders, and after formally consulting the organisations representing all relevant stakeholders and the Commission, may request such updates and improvements with due justification and timescales. The Agency shall publish the requests by national regulatory authorities or stakeholders and all relevant non-commercially sensitive documents leading to a request from the Agency for an update or improvement.
Amendment 536 #
Proposal for a regulation
Article 11 – paragraph 10
Article 11 – paragraph 10
10. Every three years, the Agency shall establish and make publicly available a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the infrastructure categories included in points (1) and (3) of Annex II. Those reference values may be used by the ENTSO for Electricity and the ENTSO for Gas for the cost-benefit analyses carried out for subsequent Union-wide ten-year network development plans. The first of such indicators shall be published by [1 November 2022].
Amendment 543 #
Proposal for a regulation
Article 11 – paragraph 11
Article 11 – paragraph 11
11. By [31 December 2023], the ENTSO for Electricity and the ENTSO for Gas shall jointlyAgency shall submit to the Commission and the AgencyMember States a consistent and interlinked energy market and network model including electricity, gas and hydrogen transmission infrastructure as well as storage, LNGheat and electrolysers, covering the energy infrastructure priority corridors and the areas drawn up in line with the principles laid down in Annex V.
Amendment 552 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. By [31 July 2022], the Agency, after having conducted an extensive consultation process involving the Commission and at least the organisations representing all relevant stakeholders, including the ENTSO for Electricity, the ENTSO for Gas, Union DSO entity, and relevant hydrogen sector stakeholdersrepresentatives from the hydrogen sector, renewable electricity industry, flexibility providers and civil society, shall publish the framework guidelines for the joint scenarios to be developed by ENTSO for Electricity and ENTSO for Gasthe Agency. Those guidelines shall be regularly updated as found necessary.
Amendment 560 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The guidelines shall includemplement the energy efficiency first principle and ensure that the underlying ENTSO for Electricity and ENTSO for Ga, by developing – together with relevant expertise – indicators to assess the energy efficiency and cost-effectiveness of investments from an overall energy network perspective, and ensure that the underlying ACER’s scenarios are fully in line with the latest medium and long-term European Union decarbonisation targets and the latest available Commission scenarios.
Amendment 562 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 568 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The ENTSO for Electricity and ENTSO for Gas shall invite the organisations representing all relevant stakeholders, including the Union DSO entity and all relevant hydrogen stakeholders, to participate in the scenarios development processIn order to deliver an integrated energy system, a balanced depth of expertise across all climate neutral energy solutions, from demand through delivery to supply side, is required in the Agency’s scenarios building process. The Agency shall invite relevant technical expertise, including the ENTSO for Electricity and ENTSO for Gas, the Union DSO entity and all relevant representatives from the hydrogen sector, renewable electricity industry, flexibility providers and civil society to participate in the scenarios development process. ACER shall report on how the assumptions are adding up to a consistent pathway to climate neutrality.
Amendment 569 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The ENTSO for Electricity and the ENTSO for GasAgency shall publish and submit the draft joint scenarios report to the Agency and the Commission for theirits opinion.
Amendment 574 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 582 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
7. The ENTSO for Electricity and the ENTSO for GasAgency shall adapt theirits joint scenarios report, taking due account of the Agency’s opinion, in line with the Commission’s opinion and submit the updated report to the Commission for its approval.
Amendment 587 #
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
8. Within two weeks of the approval of the joint scenarios report by the Commission in accordance with paragraph 7, the ENTSO for Electricity and the ENTSO for GasAgency shall publish their jointits scenarios report on theirits websites. TheyIt shall publish the corresponding input and output data in a sufficiently accurate form, taking due account of the national law and relevant confidentiality agreements.
Amendment 596 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
When assessing the infrastructure gaps the ENTSO for Electricity and the ENTSO for Gas shall implement the energy efficiency first principle and consider with priority all relevant non-infrastructure related solutions to address the identified gaps. To ensure implementation of the energy efficiency first principle, the ENTSOs shall a) ensure transparency on the energy demand assumptions used for all fuels available in the geography and which underpin the project b) provide a schedule of all non-infrastructure related solutions considered to address the identified gaps.
Amendment 601 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
Prior to submitting their respective reports, the ENTSO for Electricity and the ENTSO for Gas shall conduct an extensive consultation process involving all relevant demand and supply side stakeholders, including the Union DSO entity, all relevant hydrogen stakeholdersrepresentatives from the hydrogen sector, renewable electricity industry, flexibility providers and civil society and all the Member States representatives part of the priority corridors defined in Annex I.
Amendment 609 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Within three months following receipt of the infrastructure gaps report together with the input received in the consultation process and a report on how it was taken into account, the Agency shall submit its opinion to the ENTSO for Electricity or ENTSO for Gas and the Commission and make it publicly available.
Amendment 615 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The ENTSO for Electricity and the ENTSO for Gas shall adapt their infrastructure gaps reports taking due account ofin line with the Agency’s opinion and in line with the Commission’s opinion before the publication of.. Justifications must be provided if these opinions are not integrated in the final infrastructure gaps reports.
Amendment 617 #
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
Amendment 628 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. By [31 JulyMarch 2023] the ENTSO for Electricity, with the involvement of the relevant TSOs, the national regulatory authorities and of the Commission and in line with the agreement referred to in paragraph 1, shall develop and publish integrated offshore network development plans starting from the 2050 objectives, with intermediate steps for 2030 and 2040, for each sea-basin, in line with the priority offshore grid corridors referred to in Annex I, taking into account the need for anticipatory investments reflecting sea basin plans and the 300 GW offshore wind ambitionen, environmental protection and other uses of the sea. Those integrated offshore network development plans shall thereafter be updated every threewo years.
Amendment 674 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The efficiently incurred investment costs, which excludes maintenance costs, related to a project of common interest falling under the categories set out in points (1)(a), (b), (c), (d) and (e) of Annex II and projects of common interest falling under the category set out in point (3) of Annex II and point 1 (c) of Annex IV, where they fall under the competency of national regulatory authorities, shall be borne by the relevant TSOgrid operator or the project promoters of the transmission or distribution infrastructure of the Member States which the project provides a net positive impact, and, to the extent not covered by congestion rents or other charges, be paid for by network users through tariffs for network access in that or those Member States.
Amendment 680 #
Proposal for a regulation
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. The provisions of this Article shall apply to a project of common interest falling under the categories set out in points (1)(a), (b), (c), (d) and (e) of Annex II and point 1 (c) of Annex IV where at least one project promoter requests the relevant national authorities their application for the costs of the project. They shall apply to a project of common interest falling under the category set out in point in point (3) of Annex II, as relevant, only where an assessment of market demand has already been carried out and indicated that the efficiently incurred investment costs cannot be expected to be covered by the tariffs.
Amendment 693 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 3
Article 16 – paragraph 4 – subparagraph 3
In allocating costs across borders, the relevant national regulatory authorities, in consultation with the TSOgrid operators concerned, shall seek a mutual agreement based on, but not limited to, the information specified in paragraphs 3(a) and (b). Their assessment shall be based on the same scenario as used in the selection process for the elaboration of the Union list where the project of common interests is listed.
Amendment 694 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 4
Article 16 – paragraph 4 – subparagraph 4
Where a project of common interest mitigates negative externalities, such as loop flows, and that project of common interest is implemented in the Member State at the origin of the negative externality, such mitigation shall not be regarded as a cross-border benefit and shall therefore not constitute a basis for allocating costs to the TSOgrid operators of the Member States affected by those negative externalities.
Amendment 709 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. In their decision granting the incentives referred to in paragraph 1, national regulatory authorities shall consider the results of the cost-benefit analysis on the basis of the methodology drawn up pursuant to Article 11 and in particular the regional or Union-wide positive externalities generated by the project. The national regulatory authorities shall further analyse the specific risks incurred by the project promoters, the risk mitigation measures taken and the justification of the risk profile in view of the net positive impact provided by the project, when compared to a lower-risk alternative. Eligible risks shall in particular include risks related to new transmission and distribution technologies, both onshore and offshore, risks related to under-recovery of costs and development risks.
Amendment 711 #
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. The decision granting the incentives shall take into account the specific nature of the and risk incurred by the respective project and may shall grant incentives covering, inter alia, one or more of the following measures:
Amendment 713 #
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) the rules for anticipatory investment; or
Amendment 716 #
Proposal for a regulation
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
(c) the rules for providing additional return on the capital invested for the project; by the project promoter for the project in a certain percentage on top of the regulated rate of profitability approved according to national legislation; or
Amendment 719 #
Proposal for a regulation
Article 17 – paragraph 3 – point d
Article 17 – paragraph 3 – point d
(d) any other measure deemed necessary and appropriate.the rules for recognition of costs (CAPEX and OPEX), which shall include:
Amendment 720 #
Proposal for a regulation
Article 17 – paragraph 3 – point d – point 1 (new)
Article 17 – paragraph 3 – point d – point 1 (new)
1) future regulatory depreciation allowance for any CAPEX costs of major maintenance, repair, or replacement of any project-related assets; and
Amendment 721 #
Proposal for a regulation
Article 17 – paragraph 3 – point d – point 2 (new)
Article 17 – paragraph 3 – point d – point 2 (new)
2) the non-delayed recognition, in full, of any operational costs of project- related assets and exemption of projects from efficiency targets and related deductions under national legislation;
Amendment 722 #
Proposal for a regulation
Article 17 – paragraph 3 – point d – point 3 (new)
Article 17 – paragraph 3 – point d – point 3 (new)
3) smartness bonus for innovative digital and renewable integration solutions, including solutions developed within the Horizon Europe programme.
Amendment 724 #
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. Where the measures referred to in paragraphs 5 and 6 are not sufficient to ensure the timely implementation of projects of common interest, the Commission may shall issue guidelines regarding the incentives laid down in this Article, point 3. (c) or (d).
Amendment 810 #
Proposal for a regulation
Annex I – Part 4 – point 12 – introductory part
Annex I – Part 4 – point 12 – introductory part
(12) Cross-border carbon dioxide network: development of carbon dioxide transport and storage infrastructure between Member States and with neighbouring third countries in view of the deployment of carbon dioxide capture and storage.
Amendment 814 #
Proposal for a regulation
Annex I – Part 4 – point 13 – introductory part
Annex I – Part 4 – point 13 – introductory part
(13) Smart gas grids: Adoption of smart gas grid technologies across the Union to efficiently integrate a plurality of renewable and low-carbon gas sources into the gas network, support the uptake of innovative solutions for network management and facilitating smart energy sector integration and demand response.
Amendment 831 #
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point d
Annex II – paragraph 1 – point 1 – point d
(d) systems and components integrating ICT, through operational digital platforms, control systems and sensor technologies both at transmission and medium voltage distribution level, aiming at a more efficient and intelligent electricity transmission and distribution network, increased capacity to integrate new forms of generation, storage, demand response (e.g. heat pumps and EVs) and consumption and facilitating new business models and market structures;
Amendment 851 #
Proposal for a regulation
Annex II – paragraph 1 – point 2 – point a
Annex II – paragraph 1 – point 2 – point a
(a) any of the following equipment or installation aiming at enabling and facilitating the integration of renewable and low-carbon gases (including biomethane or renewable hydrogen) into the network: digital systems and components integrating ICT, control systems and sensor technologies to enable the interactive and intelligent monitoring, metering, quality control and management of gas production, transmission, distribution and consumption within a gas network. Furthermore, such projects may also include equipment to enable reverse flows from the distribution to the transmission level and related necessary upgrades to the existing network.
Amendment 871 #
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point c
Annex II – paragraph 1 – point 3 – point c
(c) reception, storage and regasification or decompression facilities for liquefied hydrogen or hydrogen embedded in other chemical substances with the objective of injecting the hydrogen into the hydrogen grid;
Amendment 890 #
Proposal for a regulation
Annex II – paragraph 1 – point 4 – point a
Annex II – paragraph 1 – point 4 – point a
(a) electrolysers that: (i) have at least 1050 MW capacity, (ii) the production complies with the life cycle greenhouse gas emissions savings requirement of 70 % relative to a fossil fuel comparator of 94g CO2e/MJ as set out in Article 25(2) and Annex V of Directiveprovided by a single electrolyser or by a set of electrolysers part of a single and coordinated project, (ii) the production complies with the life cycle greenhouse gas emissions savings requirement established for manufacture of hydrogen in the Annexes to the Commission Delegated Regulation …/…. supplementing Regulation (EU) 2018/200120/852 of the European Parliament and of the Council.60 Life cycle greenhouse gas emissions savings are calculated using the methodology referred to in Article 28(5) of Directive (EU) 2018/2001 or, alternatively, using ISO 14067 or ISO 14064-1 by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to climate change mitigation or climate change adaptation and for determining whether that economic activity causes no significant harm to any of the other environmental objectives. Quantified life-cycle GHG emission savings are verified in line with Article 30 of Directive (EU) 2018/2001 where applicable, or by an independent third party, and (iii) have also a network- related function; _________________ 60; OJ L 328, 21.12.2018, p. 82.
Amendment 904 #
Proposal for a regulation
Annex II – paragraph 1 – point 5 – point a
Annex II – paragraph 1 – point 5 – point a
(a) dedicated pipelines, other than upstream pipeline netwinfrastructure and mobile transporkt, used to transport carbon dioxide from more than one source, i.e. industrial installations (including power plants)sources, that produce carbon dioxide gas from combustion or other chemical reactions involving fossil or non- fossil carbon-containing compounds, for the purpose of permanent geological storage of carbon dioxide pursuant to Directive 2009/31/EC of the European Parliament and of the Council61 ; _________________ 61 OJ L 140, 5.6.2009, p. 114.
Amendment 909 #
Proposal for a regulation
Annex II – paragraph 1 – point 5 – point b
Annex II – paragraph 1 – point 5 – point b
(b) facilities for liquefaction and buffer storage of carbon dioxide in view of its further transportation. This does not include infrastructure within a geological formation used for the permanent geological storage of carbon dioxide pursuant to Directive 2009/31/EC and associated surface and injection facilities;
Amendment 918 #
Proposal for a regulation
Annex III – Part 1 – point 1 – introductory part
Annex III – Part 1 – point 1 – introductory part
(1) with regard to energy infrastructure falling under the competency of national regulatory authorities, each Group shall be composed of representatives of the Member States, national regulatory authorities, TSOs, DSOs as well as the Commission, the Agency and the ENTSO for Electricity or the ENTSO for Gas, representatives from the hydrogen sector, renewable electricity industry, flexibility providers and civil society as relevant.
Amendment 929 #
Proposal for a regulation
Annex III – Part 2 – point 1 – point c
Annex III – Part 2 – point 1 – point c
(c) for projects having reached a sufficient degree of maturity, a project- specific cost-benefit analysis based on the methodologies developed by the ENTSO for electricity or the ENTSO for gasAgency pursuant to Article 11;
Amendment 935 #
Proposal for a regulation
Annex III – Part 2 – point 4
Annex III – Part 2 – point 4
(4) as of 1 January 2024, the proposed hydrogen projects of common interest falling under the categories set out in point (3) of Annex II are projects that are part of the latest available Union-wide ten-year network development plan for gas, developed by the ENTSO for Gas pursuant Article 8 of Regulation (EC) No 715/2009Agency with the participation and close cooperation of hydrogen project promoters.
Amendment 939 #
Proposal for a regulation
Annex III – Part 2 – point 5 – introductory part
Annex III – Part 2 – point 5 – introductory part
(5) by 30 June 2022 and, subsequently, for every Union-wide ten-year network development plans, the ENTSO for Electricity and ENTSO for GasAgency shall issue updated guidelines for inclusion of projects in their respective Union-wide ten-year network development plans, referred to in points (3) and (4), in order to ensure equal treatment and transparency of the process. For all the projects included in the Union list of projects of common interest in force at the time, the guidelines shall define a simplified process of inclusion in the Union-wide ten-year network development plans by automatic inclusion taking into account the documentation and data already submitted during the previous Union-wide ten-year network development plan processes as long as the information therein remains valid.
Amendment 942 #
Proposal for a regulation
Annex III – Part 2 – point 6
Annex III – Part 2 – point 6
(6) proposed carbon dioxide transport and storage projects falling under the category set out in point (5) of Annex II shall be presented as part of a plan, developed by at least two Member States, for the development of cross-border carbon dioxide transport and storage infrastructure, to be presented by the Member States concerned or entities designated by those Member States to the Commission.
Amendment 965 #
Proposal for a regulation
Annex IV – point 1 – point c
Annex IV – point 1 – point c
(c) for smart electricity grids, the project is designed for equipment and installations at high-voltage and medium- voltage level. It involves transmission system operators, transmission and distribution system operators or distribution system operators from at least two Member States. Distribution system operators can be involved only with the support of the transmission system operators, of at least two Member States, that are closely associated to the project and ensure interoperability. A project covers at least 50000 users, generators, consumers or prosumers of electricity, in a consumption area of at least 300 Gigawatthours/year, of which at least 20 % originate from variable renewable resources; The projects may also foresees a crossborder impact, without involving a physical common border;
Amendment 974 #
Proposal for a regulation
Annex IV – point 1 – point f
Annex IV – point 1 – point f
(f) for electrolysers, the project provides at least 1050 MW installed capacity and the, provided by a single electrolyser or by a set of electrolysers part of a single and coordinated project and it brings benefits directly or indirectly to at least two Member States;
Amendment 993 #
Proposal for a regulation
Annex IV – point 2 – point c
Annex IV – point 2 – point c
(c) for projects of mutual interest in the category set out in point (5) of Annex II, the project can be used to transport or store anthropogenic carbon dioxide by at least two Member States and a third country.
Amendment 1014 #
Proposal for a regulation
Annex IV – point 5 – point a
Annex IV – point 5 – point a
(a) Sustainability measured as the contribution of a project to: greenhouse gas emission reductions in hard to abate sectors different end-use applications, such as heavy industry or long duty transport; flexibility and seasonal storage options for renewable electricity generation; or the integration of renewable hydrogen.
Amendment 1017 #
Proposal for a regulation
Annex IV – point 5 – point b
Annex IV – point 5 – point b
(b) market integration and interoperability measured by calculating the additional value of the project to the integration of market areas and price convergence, to the overall flexibilitysignificantly increasing existing cross-border hydrogen transport capacity at a border between two Member States compared to the situation prior to the commissioning of the systemproject.
Amendment 1026 #
Proposal for a regulation
Annex IV – point 6 – point a
Annex IV – point 6 – point a
(a) level of sustainability measured by assessing the share of renewable and low- carbon gases integrated into the gas network, the related greenhouse gas emission savings towards total system decarbonisation and the adequate detection of leakage.
Amendment 1029 #
Proposal for a regulation
Annex IV – point 6 – point b
Annex IV – point 6 – point b
(b) quality and security of supply measured by assessing the ratio of reliably available gas supply and peak demand, the share of imports replaced by local renewable and low-carbon gases, the stability of system operation, the duration and frequency of interruptions per customer.
Amendment 1043 #
Proposal for a regulation
Annex IV – point 7 a (new)
Annex IV – point 7 a (new)
(7 a) concerning carbon dioxide infrastructure falling under the energy infrastructure categories set out in point (5) of Annex II the criteria listed in Article 4 shall be evaluated as follows: (a) sustainability measured by considering a significant net reduction of emissions along the whole project lifecycle and its efficiency compared to other solutions to abate the amount of carbon dioxide to be captured, such as energy efficiency or integration of renewable sources; (b) resilience and security measured by assessing the security of the infrastructure and usage of the best-available technology. (c) efficient use of resources by considering other possible carbon dioxide infrastructure.
Amendment 1045 #
(1) the area for the analysis of an individual project shall cover all Member States and third countries, on whose territory the project is located, all directly neighbouring Member States and all other Member States significantly impacted by the project. For this purpose, ENTSO for electricity and ENTSO for gasthe Agency shall cooperate with all the relevant system operators in the relevant third countries.
Amendment 1052 #
Proposal for a regulation
Annex V – point 4
Annex V – point 4
(4) it shall give guidance for the development and use of network and market modelling necessary for the cost- benefit analysis. The modelling shall allow for a full assessment of economic, including market integration, security of supply and competition, social and environmental and climate impacts, including the cross-sectorial impacts and indirect cross border impact. The methodology shall include details on why, what and how each of the benefits and costs are calculated.
Amendment 1054 #
Proposal for a regulation
Annex V – point 5
Annex V – point 5
(5) it shall include and explain how the energy efficiency first principle is implemented , and how the cost- effectiveness of investments has been calculated to fully anticipate any redundancy of assets, to avoid stranded assets in the long term, to prefer extending and developing the use of existing assets before new investment in all the steps of the ten- Year Network Development Plans.