Activities of Ignazio CORRAO related to 2021/0425(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on common rules for the internal markets in renewable and natural gases and in hydrogen (recast)
Amendments (275)
Amendment 101 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Internal market rules for gaseous fuels need to be aligned with the objectives of the Green Deal, the 8th Environmental Action programme, the EU Climate law, the Global Methane Pledge, as well as with scientific evidence around methane and hydrogen leakage and concentration. The legal framework set out by this Directive is reconciled accordingly.
Amendment 102 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3 b) The REPowerEU pledge to phase out Russian gas imports as soon as possible, equalling 155bcm in 2019 and representing 40 % of final fossil gas demand, translates into a higher ambition for the gas phase out compared to the Climate Target Plan. Given that fossil gas demand in the Union has been rising over the past years, there is a need to establish a governance underpinning this ambition and an overall binding Union and national fossil gas phase out targets.
Amendment 103 #
Proposal for a directive
Recital 4
Recital 4
(4) As part of the Package “Clean Energy for all Europeans” proposed by the Commission on 30 November 2016, Regulation (EU) 2019/9436 and Directive (EU) 2019/9447 brought about a further step in the development of the internal market for electricity with citizens at its core and contributing to the Union’s objectives of transition to a clean energy system and reducing greenhouse gas emissions. The internal market in natural gas should be built on those same principles and, in particular, ensure an equal level of consumer protection. ensure that consumers are not subsidising investments that they will not be using in the future as well as minimising the risk of stranded assets and their related future cost. _________________ 6 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). 7 Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).
Amendment 107 #
Proposal for a directive
Recital 5
Recital 5
(5) The Union has aims to cut greenhouse gas emissions and to promote efficient and integrated energy systems.. It has therefore adopted a set of initiatives to reach that goal, including the energy system integration strategy and the hydrogen strategy published by the Commission in July 2020, which set out how to update the energy markets, including the decarbonisation of gas markets as well asand the recommendation on the energy efficiency first principle published by the Commission in September 2021 which set out how to update the energy markets. These initiatives also call for transitioning to a more circular energy system with energy efficiency at its core, greater direct electrification of end-use sectors, prioritising demand-side solutions whenever they are more cost-effective than investments in energy infrastructure, and using renewable fuels, including hydrogen, only for end-use applications where electrification is not feasible, not efficient or involves higher costs The Union has also adopted a set of initiatives and mandatory targets to encourage decarbonisation in Regulation (EU) 2018/1999 and Regulation (EU) 2021/1119. This Directive should contribute to achieving these goals, as well as the REPowerEU ambition to phase out fossil imports from Russia as soon as possible ensuring security of supply and a well- functioning internal market for gases, including for hydrogen. and limiting as much as possible methane and hydrogen leakages.
Amendment 109 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5 a) The REPower EU Action plan published in May 2022 proposes a higher target for the share of renewables by 2030 of at least 45 %, a higher energy savings target of at least 13 % by 2030, an aspiration to double the pace of roll out of heat pumps over the next few years, strengthening the renewable based electrification of as many sectors as possible, with focus on industrial one, and finally an increased ambition for specifically renewable hydrogen of 10 mt imports and 10 mt exports by 2030.The combined effect of these measures will result in a significantly lower than projected fossil gas demand and associated infrastructure needed. In the light of irreversibly higher gas prices for the Union, there seems no more justification to plan a nascent hydrogen market based on the existing natural gas map.
Amendment 111 #
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
(5 b) Continuous scientific evidence shows that energy savings, energy efficiency and renewable energy represent key drivers for reaching a net-zero GHG emission economy, and that achieving a highly energy efficient and fully renewable based economy is technologically and economically feasible already by 2035, with the right regulatory and political push. In line with the Commission’s recommendation of28 September 2021 entitled "On Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making inthe energy sector and beyond", this Directive should take an integrated approach by setting market rules able to support only the most energy efficient renewable source for any given sector and application as well as by promoting system efficiency, so that the least renewable energy and infrastructure roll- out would be required for various economic activities. In this context, fossil gas should be phased out by 2035 and low-carbon fuels, which are de facto of nuclear or fossil origin, should not play a role in the energy and economic future of the Union, let alone be placed on an equal footing with renewable energy sources.
Amendment 112 #
Proposal for a directive
Recital 6
Recital 6
(6) This Directive aims to facilitate the penetration of renewable and low-carbonsustainable renewable gases into the energy system enabling a shift fromphase- out of fossil gas and to allow these newrenewable gases to play an important rolemake their contribution towards achieving the EU’s 2030 energy and climate objectives and climate neutrality in 2050, as well as to steering of gaseous molecules towards those applications and sectors that cannot be directly electrified with renewables, with this creating the necessary space for renewables electricity and other thermal renewables for heating and transport purposes. The Directive aims also to set up a regulatory framework which enables and incentivises all market participants to take the transitional role of fossil gas into account whileshift away from fossil gas, and planning their activities to avoid lock- in effects and ensure gradual and timelyof any kind of fossil fuel or inefficient use of energy and ensure phase- out of fossil gas notably in all relevant industrial sectors and for heating purposes.
Amendment 119 #
Proposal for a directive
Recital 7
Recital 7
(7) The EU hydrogen strategy recognises that, as EU Member States have different potential for the production of renewable hydrogen, an open and competitive EU market with unhindered cross-border trade has important benefits for competition, affordability, and security of supply. Moreover, it stresses that moving towards a liquid market with commodity-based hydrogen trading would facilitate entry of new producers and be beneficial for deeper integration with other energy carriers. It would create viable price signals for investments and operational decisions. The rules laid down in this Directive should thus be conducive for hydrogen markets, commodity-based hydrogen trading and liquid trading hubs to emerge and any undue barriers in this regard should be eliminated by Member States. Whilst recognising the inherent differences, existing rules that enabled efficient commercial operations developed for the electricity and gas markets and trading should be rendered applicable to Union hydrogen markets to the extent appropriate and within a suitable time frame also taking into account methane and hydrogen leakages.
Amendment 120 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) Current hydrogen production and transport pathways incur in significant energy conversion losses compared to the direct use of electricity. In application of the energy efficiency first principle, renewable fuels of non-biological origin should be prioritised for feedstock or raw material in industries such as steel or chemicals, and for energy purposes in very high temperature industrial processes, hard-to abate maritime and aviation applications, and they should be excluded from covering heat demand that may be otherwise satisfied with more energy efficient renewable-based solutions, such as heat-pumps, direct renewable-electrification or geothermal solutions, which are1 to 5 times more energy efficient than using electrolytic hydrogen. Conversely, all efforts should be made to avoid the use of hydrogen for applications where more energy-efficient alternatives exist. Notably, this includes heating of buildings, production of hot water for sanitary uses, and low and medium temperature heat for industrial processes. Other renewable gases, such as biogases, will be able to contribute to the energy and climate goal as long as they are produced using only truly sustainable feedstocks such as waste and residues of Annex IX Part A of the Renewable Energy Directive. Considering the latter are limited in availability, this Directive should provide for market rules limiting the uptake of biogases beyond their sustainability level, as to avoid further threat on biodiversity, indirect land use change and food security. Both the gaseous part of renewable gaseous fuels that are fuels of non-biological origin (‘RFNBOs’) and other renewable gases, will have to respect maximum methane and hydrogen leakage rates.
Amendment 123 #
Proposal for a directive
Recital 8
Recital 8
(8) In line with the EU Hydrogen Strategy,REPowerEU, 10 mt of domestic renewable hydrogen and 10 mt of imported renewable hydrogen isare expected to be deployed on a large-scale fromby 2030 onwards for the purpose of decarbonising certain sectors and applications that do not have any other more sustainable and energy efficient renewable solutions, ranging from aviation and shipping to hard-to-decarbonise industrial sectors. All those relevant final customers connected to hydrogen systems will benefit from basic consumer rights applicable to final customers connected to the natural gas system such as the right to switch supplier and accurate billing information. In those instances where non-household customers are connected to the hydrogen network, e.g. high temperature industrial customers, they will benefit from the same consumer protection rights applicable to natural gas customers. However, consumer provisions designed to encourage household participation on the market such as price comparison tools, and active customers and citizen energy communities do not apply to the hydrogen system.
Amendment 128 #
Proposal for a directive
Recital 9
Recital 9
(9) In line with the EU Hydrogen Strategy and the REPowerEU action plan, the priority for the EU is to develop renewable hydrogen produced using additional renewable electricity, mainly from wind and solar energy. Renewable hydrogen is the mostonly compatible option with the EU’s climate neutrality and zero pollution goal in the long term and the most coherent with an integrated energy system. However, low- carbon fuels (LCFs) such as low-carbon hydrogen (LCH) may play a role in the energy transition, particularly in the short and medium term to rapidly reduce emissions of existing fuels, and support the uptake of renewable fuels such as renewable hydrogen. In order to support the transition, it is necessary to establish a threshold for greenhouse gas emission reductions for low-carbon hydrogen and synthetic gaseous fuels. Such threshold should become more stringent for hydrogen produced in installations starting operations from 1 January 2031 to take into account technological developments and better stimulate the dynamic progress towards the reduction of greenhouse gas emissions from hydrogen production. The EU Energy System Integration strategy highlighted the need to deploy an EU–wide certification system to also cover low-carbon fuels with the aim to enable Member States to compare them with other decarbonisation options and consider them in their energy mix as a viable solution. In order to ensure that LCF have the same decarbonisation impact as compared to other renewable alternatives it is important that they are certified by applying a similar methodological approach based on a life cycle assessment of their total greenhouse gas (‘GHG’) emissions. This would allow deploying a comprehensive EU-wide certification system, covering the whole Union energy mix. Taking into consideration that LCF and LCH are not renewable fuels, their terminology and certification could not be included in the proposal for the revision of Directive (EU) 2018/2001 of the European Parliament and of the Council8 . Therefore, their inclusion in this Directive fills in this gap. _________________ 8 Directive (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)considering that those fuels still incurs in emissions, leakages and energy conversion losses, to make sure they play a robust role in the transition, it is necessary to establish a stronger threshold for greenhouse gas emission reductions , accompanied by provisions on maximum methane and hydrogen leakage rates. Such threshold should become more stringent as technological developments progress.
Amendment 141 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) There is a need to define terms such as “hydrogen ready” or “future ready” for all relevant infrastructure given that these terms are used inter alia in EU funding programmes and the revised Climate and Energy state aid guidelines.
Amendment 143 #
Proposal for a directive
Recital 11
Recital 11
(11) Consumer interests should be at the heart of this Directive and quality of service should be a central responsibility of natural gas undertakings. Existing rights of consumers and rights for access to essential services, including energy, including the right to a secure, affordable and renewable-based energy supply, and safeguarding against energy poverty, as stated in the European Pillar of Social Rights communication need to be strengthened and guaranteed, and should include greater transparency. To this respect, any cross-subsidisation of hydrogen network through gas or electricity network tariffs shall not be allowed, as it puts the burden of the energy transition of the industry sector on gas or electricity users, including households, by increasing their gas or electricity bills, while they are not expected to use hydrogen in the future. Consumer protection should ensure that all consumers in the wider remit of the Union benefit from a competitive gas market. Consumer rights should be enforced by Member States or, where a Member State has so provided, the regulatory authorities.
Amendment 146 #
Proposal for a directive
Recital 12
Recital 12
(12) The European Pillar of Social Rights places good quality of energy among the essential services everyone shall have access to and calls for support measures for those in need (principle 20). UN Sustainable Development Goal number 7 (SDG7) also calls for ensuring access to affordable, reliable, sustainable and modern energy for all.
Amendment 149 #
Proposal for a directive
Recital 14
Recital 14
(14) Member States should have a wide discretion to impose public service obligations on gas undertakings in case these are pursuing objectives of the energy and climate legislation, are aligned to the Member States national energy and climate plan objectives and its national targets especially regarding electrification, renewable energy expansion, energy efficiency improvements and emission reductions, as well as on general economic interest. However, public service obligations in the form of price setting for the supply of natural gas constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits, the limitation of consumer choice, poorer incentives for energy saving and energy efficiency investments, lower standards of service, lower levels of consumer engagement and satisfaction, and the restriction of competition, as well as to there being fewer innovative products and services on the market. Consequently, Member States should apply other policy tools, in particular targeted social policy measures, to safeguard the affordability of natural gas supply to their citizens. Public interventions in price setting for the supply of natural gas should be carried out only in the framework of exceptional circumstances, as public service obligations, and should bebe limited in time, while being subject to specific conditions. A fully liberalised, well-functioning retail natural gas market would stimulate price and non- price competition among existing suppliers and provide incentives to new market entrants, thereby improving consumer choice and satisfaction, as well as supporting the transition to an integrated, highly energy efficient and fully renewable based energy system according to the relevant Union targets, legislation and strategies. .
Amendment 152 #
Proposal for a directive
Recital 15
Recital 15
(15) Public service obligations in the form of price setting for the supply of natural gas should be used only in exceptional circumstances without overriding the principle of open markets in clearly defined circumstances and beneficiaries and, should be limited in duration and be targeted only to those in need. In order to mitigate the distortive effects of public service obligations in price setting for the supply of natural gas, Member States applying such interventions should put in place additional measures, including measures to prevent distortions of price setting in the wholesale market. Member States should ensure that all beneficiaries of regulated prices are able to benefit fully from the offers available on the competitive market when they choose to do so. To that end, they should be directly and regularly informed of the offers and savings available on the competitive market, and should be provided with assistance to respond to and benefit from market-based offers.
Amendment 153 #
Proposal for a directive
Recital 16
Recital 16
(16) Public interventions in price setting for the supply of natural gas should not lead to direct cross-subsidisation between different categories of customers or between different heat supply sources, nor undermine the price signal for industry actors needed for decarbonisation, in particular whilst free allowances still persist in the ETS sector. According to that principle, price systems must not explicitly make certain categories of customer bear the cost of price interventions that affect other categories of customer.
Amendment 154 #
Proposal for a directive
Recital 18
Recital 18
(18) Member States should take into account the fact that the successful ecological transition requires enhanced investment in education, training and skills for workers in the gas industry, including in relation to infrastructure developmentenergy sector, including gas industry, and related value chains, as well as in relation to infrastructure development and renewable energy roll out such as heat pump deployment and other renewables thermal sources. Such mention would be in line with the proposal for a revision of EED (2021/0203 (COD) and RED (2018/0201(COD)) as well as the REPower EU initiatives.
Amendment 156 #
Proposal for a directive
Recital 19
Recital 19
(19) Market rules should protect and empower customers to make low carbonenergy efficient and renewable choices, in order for new renewable and low carbon gases to be fully embedded in the energy transitiongases to be steered to those applications where no other more energy efficient renewable-based solution exist. There is for example no financial or environmental benefit in supplying hydrogen to individual heating appliances and such uses should therefore not be encouraged as a general principle.
Amendment 157 #
(20) Natural gas still plays a key role in energy supply, asCurrently, household energy consumption from naturafossil gas is still higher than from electricity. Although electrification is a key element of the green transition, in the future there will still be household natural gas consumption including increasing volumes of renewable gasHigh levels of renewable based electrification wherever is technically feasible is a key element of the green transition, as it is a more energy efficient and sustainable alternative to burning gases, including renewable one, for heat purposes. Therefore, it is necessary to introduce a gas switch mandate at national level.
Amendment 161 #
(21) As the natural gas sector, including the natural gas retail market was not part of the Clean Energy for all Europeans Package, the related provisions on infrastructure planning and investments, consumer engagement and protection have not been adapted to the needs of the energy transition, which corresponds instead to the situation of over a decade ago when the Third Energy Package was adopted.
Amendment 162 #
Proposal for a directive
Recital 22
Recital 22
(22) The natural gas market witnesses exceptional circumstances leading to high prices which are expected to remain rather high also in the years to come, poor customer satisfaction and engagement as well as slow uptake of new renewable and low-carbon gasegases and other renewables thermal options, which all reflect limited competition in many Member States as well as an unfavourable regulatory environment for electrification and thermal renewables uptake. Unlike falling prices in wholesale markets, natural gas prices for household customers rose in the last decade resulting in household consumers paying two or three times more for their natural gas consumption than industrial customers, even before Russian invasion of Ukraine. The Agency, as well as national regulatory authorities should continue to investigate for any market manipulations and distortions, and be empowered to cap margins and profits in the gas sector. Member States should tax windfall profits harvested by energy companies during those exceptional circumstances and use them for measures to reduce gas consumptions, including on energy efficiency or gas switch.
Amendment 165 #
Proposal for a directive
Recital 23
Recital 23
(23) As in the electricity sector, market flexibilities and an adequate Union consumer rights’ legal framework in the natural gas sector are essential to ensure that consumers can participate in the energy transition itizens cand benefit from affordable prices, good standards of service, and effective choice of offers mirroring sustainable technological developments. Unlike in the electricity sector the main focus of consumer regulation for the gas market should be on protection from rising tariffs during the phase out of fossil fuel assets, protection from cross subsidisation between gas and hydrogen users, rising gas tariffs with a shrinking customer base. Most households will not be using gaseous fuels in the future, but will either be electrified, supplied by district heating or be heating with a heat pump or other thermal renewables.
Amendment 167 #
Proposal for a directive
Recital 24
Recital 24
(24) The switch from fossil gas to renewable alternatives will concretise if energy from renewable sources becomeis an attractive, non- discriminatory choice for consumers based on truly transparent information where the transition costs are fairly distributed among different groups of consumers and market players. and whose benefits are reap especially at local level. However, unlike in the electricity sector, switching from gas to other renewable technologies, mostly not gaseous, is usually not as easy due to the lock-in effect related to the underpinning infrastructure. The Directive should therefore strive for creating a level playing field among different heat sources, and give better space for sustainable renewables ones.
Amendment 173 #
Proposal for a directive
Recital 25
Recital 25
(25) To address the current gaps in the retail gas market, iIt is necessary to tackle the existing competition and technical barriers to the emergence of alternative, renewable based energy supply, new services, better levels of service, and lower consumer prices, whilst ensuring the protection of energy poor and vulnerable consumers.
Amendment 175 #
Proposal for a directive
Recital 26
Recital 26
(26) In order to ensure a high level of consumer protection and empowerment consistently across energy sectors, the legislative framework in the decarbonised gas market legislation should reflect an energy system perspective, the Union's objectives on security of supply, energy efficiency and renewable energy and consider the electricity market customer protection and where relevant its empowerment provisions.
Amendment 178 #
Proposal for a directive
Recital 29
Recital 29
(29) The modernisintegration of the gas sectorrenewable gases into the natural gas system is expected to lead to substantiaimproved retail economic benefits in terms of both improved retail competition and its social and distributional benefits and customer empowerment, including strempetition, , strengthened contractual rights and better available information on consumption and energy sources leading to greener choices, which also include uptaking energy efficiency measures and switching from gas to other more sustainable and energy efficient renewable energy sources. Acknowledging thened contractual rights and better available information on consumption and energy sources leading to greener choices. Energy communities-of-interest should contribute to need to produce biomethane respecting the strictest sustainability criteria, environmental standards, such as prevention of methane leakage, avoidance of food security issues, local biomethane production and supply may lead to economic benefits at the local level, in particular for the agricultural sector, and household and non-household customers located in the proximity of production areas. As an organizational concept aimed to drive social innovation, Renewable energy communities could play a role in the uptake of sustainable renewable gas.
Amendment 181 #
Proposal for a directive
Recital 34
Recital 34
(34) Final customers shouldIn some cases, final customers, for example in the agricultural or municipal sector, who produce biogas as a by- product of their main economic activity, also be able to consume, to store and to sell self- generated renewable gas and. To the extent that they are able to undertake these activities, respecting environmental standards, including around methane leakage, these customers should be able to participate in all natural gas markets, including local supply, by providing ancillary services to the system, for instance through energy storage. Member States should be able to have different provisions in their national law with respect to taxes and levies for individual and jointly-acting active and energy storage. Such collective arrangements between active customers can provide opportunities for service providers and local businesses, in particular SMEs, to contribute to local system balancing and flexibility. Member States should be able to have different provisions in their national law with respect to taxes and levies for individual and jointly-acting active customers, while ensuring they contribute fairly to applicable taxes and levies, particularly for maintaining the grid and that there are no shifting of costs to non- participating customers such as final households and SME customers.
Amendment 184 #
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34 a) While recognizing the role that renewable gases can play in partially replacing fossil gas, potential environmental and social drawbacks to incentivizing integration of biomethane must be acknowledged. Given the comparative cost of upgrading biogas into biomethane is higher than for other uses, such as electricity and heat production, biomethane should be prioritized for hard-to-abate industrial uses. Member States should ensure that national support for biomethane does not create perverse incentives that further drive unsustainable land use practices or energy crops, which contribute to food insecurity.
Amendment 186 #
Proposal for a directive
Recital 35
Recital 35
(35) Recognising the role they can play in decarbonizing the energy system, certain categories of citizen energy initiatives should be recognised in the natural gas market at the Union level as ‘citizen energy communities’. These communities should facilitatenewable energy communities, pursuant to Directive (EU) 2018/2001 can contribute to the production, storage and supply of renewable gas. In particular, renewable energy communities can help contribute to the development of a local circular economy, particularly in rural regions. Renewable energy communities can also help consumers with the usptake of renewable gas in the natural gas system. In order to provide them with an enabling framework, fair treatment, a level playing field and a well-defined catalogue of rights and obligations should be laid down which generally reflects the membership structure, governoffers, providing an alternative to fossil gas. Integration of biomethane into the natural gas system should be pursued in a way that prevents the lock-in of natural fossil gas, respects environmental protection, sustainability, and properly weighs other potential impacts, for instance relating to food security. While market rules need to provide a level playing field for renewable gases, the commoditization of biomethance requirements and purpose of citizen energy communities in Directive (EU) 2019/944should be avoided, and caution should be used to ensure it is not over-supported by Member States.
Amendment 190 #
(36) The provisions on citizen energy communities do not preclude the existencDue to the concentrated nature of other citizen initiatives such as Renewable Energy Communities in Directive (EU) 2018/2001 or those stemming from private law agreements. Membership of citizen energy communities should be open to all categories of entities. However natural gas sector, and to prevent corporate capture, the decision-making powers within a citizenrenewable energy communityies should be limited to those members or shareholders that are not engaged in large-scale commercial activity and for which the energy sector does not constitute a primary area of economic activity. This meo avoid abuse ansd that citizen energy communities and individual members or shareholders need to be financially and economically independent from entities engaged in such activities, notwithstanding the possibility for citizen energy communities to delegate the management of tho ensure broad participation, renewable energy communities should be capable of remaining autonomous from individual members and other traditional market actors that participate in the community as members or shareholders, or who cooperate through other means such as investment. This means that renewable energy communities and individual members or shareholders need to be finstallations required for their activities, including installation, operation, data handling and maintenance.ancially and economically independent from entities engaged in activities related to the energy community,
Amendment 193 #
Proposal for a directive
Recital 37
Recital 37
(37) Bills and billing information are an important means to inform and empower final customers. Energy bills remain the most common consumer concern and source of consumer complaints, a factor that contributes to the persistently low levels of consumer satisfaction and engagement in the gas sector. Provisions for billing information in the gas sector also lag behind rights granted to consumers in the electricity sector. It is therefore necessary to align them and to set minimum requirements for bills and billing information in the gas sector, so that consumers have access to transparent, complete, easy to understand information. Bills should convey information to the final consumers on their consumption and costs, greenhouse gas emission intensity, type of energy, its share and quantity, thus facilitating comparison between offers and switching supplier or energy sources, as well as information on their consumer rights (such as on alternative dispute resolution). In addition, bills should be a tool to actively engage consumers in the market, so that consumers can manage their consumption patterns and make greener choices.
Amendment 195 #
Proposal for a directive
Recital 40
Recital 40
(40) When dDeciding at national level on the deployment of natural gas smart metering systems, it should be possible to base such decision on an economic ass for industrial customers, should dependent on a positive cost-benefit assessment, to avoid stranded invesstments for customers. That economic assessment should take into account the long-term benefits of the deployment of smart metering systems to industrial consumers and the whole value chain, and assesses industrial consumers’ benefits arising from the use of smart meters and signing up for smart meter-enabled offers. Should that assessment conclude that the introduction of such metering systems is economically reasonable and cost-effective only for industrial consumers with a certain amount of natural gas consumption, Member States should be able to take this into account when proceeding with deployment . However, such assessments should be reviewed regularly in response to significant changes in the underlying assumptions, or at least every four years, given the fast pace of technological developments.
Amendment 197 #
Proposal for a directive
Recital 41
Recital 41
(41) In order to assist final industrial customers’ active participation in the market, the smart metering systems to be deployed should have due regard to the use of relevant available standards, including those enabling interoperability on the level of the data model and the application layer, to best practices and the importance of the development of data exchange, to future and innovative energy services. Moreover, the smart metering systems that are deployed should not represent a barrier to switching supplier in the case of natural gas consumers, and should be equipped with fit-for-purpose functionalities that allow final industrial customers to have timely access to their consumption data, to modulate their energy behaviour, be rewarded for it, and obtain savings in their bills.
Amendment 198 #
Proposal for a directive
Recital 42
Recital 42
Amendment 199 #
Proposal for a directive
Recital 45
Recital 45
(45) Member States should take appropriate measures, such as providing benefits by means of their social security systems, to ensure the necessary supply to vulnerable customers, or providing for support for energy efficiency improvements, toincluding building renovations, and renewable energy deployment, to sustainably address energy poverty where identified pursuant to Article 3(3), point (d) of Regulation (EU) 2018/1999 of the European Parliament and of the Council9 , and Directive ... [the Energy Efficiency Directive - recast of the directive on energy efficiency 2021/0203 (COD)]including in the broader context of poverty. Such measures could differ according to the particular circumstances in the Member States in question and could include social or energy policy measures relating to the payment of gas bills, to investment in the energy efficiency of residential buildings, or to consumer protection such as disconnection safeguards. _________________ 9 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
Amendment 202 #
Proposal for a directive
Recital 46
Recital 46
(46) Pursuant to Regulation (EU) 2018/1999 and Directive (EU) 2019/944 of the European Parliament and of the Council10 , the Commission provided indicative guidance11 on appropriate indicators for measuring energy poverty and defining a ‘significant number of households in energy poverty’ and Directive ...[the Energy Efficiency Directive - recast of the directive on energy efficiency 2021/0203 (COD)],) provides for clear set definition and back up set of criteria in case Member States fail to define energy poverty according to relevant legislation. _________________ 10 Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125). 11 Commission Recommendation of 14.10.2020 on energy poverty, C(2020) 9600 final
Amendment 203 #
(47) The simplification and streamlining of administrative permit granting processes and clear time limits for decisions to be taken by the authorities competent for issuing an authorisation should ensure that the deployment of hydrogen production facilities and hydrogen system infrastructure can occur at an adequate pace. Member States should be requested to report on progress made. Grandfathering of authorisations (such as licences, permissions, concessions or approvals), granted under national law for the construction and operation of existing natural gas pipelines and other network assets, is needed once the transported gaseous energy carrier in a gas pipeline changes from natural gas to (pure) hydrogen. This should prevent undue delay in repurposing existing natural gas pipelines, while ensuring that the local authorities and citizens are involved at the earliest stage of planning and otheir networks assets for hydrogen transport. It should be avoided that conditions for granting authorisations for hydrogen system infrastructure are materially different unless sufficiently justified. Technical safety considerations might justify a differentiated approach in grandfathering existing or issuing new authorisationsviews taken into account. Member States should be requested to report on progress made. The provisions on authorisation procedures should apply without prejudice to international and Union law, including provisions to protect the environment, biodiversity and human health, and with regard to ensuring minimisation of methane and hydrogen leakage. Where duly justified on the grounds of extraordinary circumstances, it should be possible to extend the time limits for authorisation procedures by up to one year.
Amendment 205 #
Proposal for a directive
Recital 66
Recital 66
(66) Pipeline networks for hydrogen shouldwill not constitute in the short term an important means of efficient and sustainable transport for hydrogen, both onshore and offshore. As a result of the high capital expenditure required for their construction, hydrogen pipeline networks could constitute natural monopolies. Experience with the regulation of natural gas markets has shown the importance of ensuring open and non-discriminatory access to pipeline networks with a view to safeguarding competition on commodity markets. Therefore, well-established principles of network operation, such as third-party access, should be applicable to onshore and offshas it is expected that most renewable hydrogen will be traded in hydrogen derivatives such as ammonia, synthetic hydrocarbons, interim products for steel etc. and co-located with electrolysis. Therefore integrated net zero infrastructure planning by public authorities based on future use and production locations fore hydrogen networks in the Unionshall precede any decision to invest in such pipelines.
Amendment 207 #
Proposal for a directive
Recital 67
Recital 67
(67) The operation of hydrogen networks should be separated from activities of energy production and supply in order to avoid the risk of conflicts of interest on behalf of the network operators. The structurafull separation of ownership of hydrogen networks and ownership or control of undertakings participationsng in energy production and supply guarantees the absence of such conflicts of interest. Member States should be able to rely on the alternative unbundling model of “allow the use of the “independent hydrogen network operator” model to allow vertically integrated owners of hydrogen network operator” until 2030 to provide a transitional period for existing vertically integrated hydrogen networks. Member Stats to retain ownership of their networks while ensuring the non-discriminatory operation of such networks after 2030. Given the risk that conflicts of interest between gas and hydrogen activities shcould also be able to allow the use of the “independent hydrogen network operator” model to allow vertically integrated owners of hydrogen networks to retain ownership oflead to the build-out of more hydrogen networks than what is needed to serve only priority, hard-to-abate industrial sectors (thus also contributing to lock-in in the event there is not enough hydrogen in the future to serve the end users connected to their networks while ensuring the non- discriminatory operation of such networks after 2030), it is prudent to ensure full vertical ownership unbundling for hydrogen networks from the very beginning.
Amendment 212 #
Proposal for a directive
Recital 68
Recital 68
Amendment 215 #
Proposal for a directive
Recital 69
Recital 69
Amendment 217 #
Proposal for a directive
Recital 70
Recital 70
(70) In order to avoid conflict of interests and ensure transparency with regard to the costs and financing of regulated activities, activities ofthe ownership and control of undertakings engaged in hydrogen network operation should be fully separated from the ownership and control of undertakings engaged in other network operation activities for other energy carriers at least in relation to the legal form and accounts of network operators.
Amendment 219 #
Proposal for a directive
Recital 71
Recital 71
(71) Hydrogen networks should be subject toall provide third-party access in order to ensure competition and a level playing field in the market for hydrogen supply. Regulated third-party access on the basis of regulated access tariffs should be the default rule in the long-term. In order to ensure the necessary flexibility for operators and to reduce administrative costs during the ramp-up phase of the hydrogen market, Member States should have the option to allow the use of negotiated third-party access until 2030from the outset.
Amendment 221 #
Proposal for a directive
Recital 72
Recital 72
(72) The availability of large-scale underground hydrogen storage facilities is at this point not existent and it will be limited and distributed unevenly across Member States. In view of the potentially beneficial role for the functioning of hydrogen transport and markets, the access to such large-scale underground storages should be subject to regulated third party access in order to ensure a level playing field for market participants.
Amendment 222 #
Proposal for a directive
Recital 75
Recital 75
(75) LocalisedRenewable hydrogen clusters should be an important building block of the European hydrogen economy. Suses will be occurring in localised clusters, in the form of closed networks, and steered towards priority users and applications. Therefore only such clusterosed hydrogen networks could benefit from simplified regulatory requirements during the ramp- up phase of the hydrogen marketas any generalised rules would disadvantage competing options such as electrification.
Amendment 223 #
Proposal for a directive
Recital 76
Recital 76
(76) Pipeline interconnectors with third countries can servion are of limited relevance for the initial phases of the renewable hydrogen market. In fact, in the first phase, renewable hydrogen is expected to be transported and traded in the form of hydrogen products such as ammonia, synthetic hydrocarbons, feedstocks for industrial uses (steel, chemicals etc) as well as by trucks if produced in rural areas. Therefore, pipeline interconnectors with third countries could eventually serve only in the future as a means of transport for imports or exports of hydrogen. The operating rules for such hydrogen interconnectors with third countries and rules on the certification of renewable and low-carbon hydrogen, should be enshrined in an intergovernmental agreement to ensure a coherent regulatory framework and its consistent application for the entire infrastructure.
Amendment 224 #
Proposal for a directive
Recital 77
Recital 77
(77) To ensure the efficient operation of the European hydrogen networks, hydrogen networkcost effective infrastructure rollout and to avoid stranded assets, the Agency, at European level, and regulators at national level shall be responsible for net zero infrastructure planning combining electricity, hydrogen, gas, heat and transport systems. System operators should bare responsible for the operation, maintenance and development of the hydrogen transport network in close cooperation with other hydrogen network operators as well as with other system operators to which their networks are or can be connected with, including to facilitate energy system integration.
Amendment 225 #
Proposal for a directive
Recital 78
Recital 78
(78) Hydrogen, gas and electricity network operators should be tasked with building sufficient cross- borderonly the capacity forthat the transportation of hydrogen accommodating all economically reasonable and technically feasible demands for such capacity, thereby enabling market integrationregulator has identified as necessary in the net zero infrastructure planning.
Amendment 226 #
Proposal for a directive
Recital 78 a (new)
Recital 78 a (new)
(78 a) Member States should introduce technical and financial support for distribution grid operators and district heating operators/owners in order to support the regulatory authority in determining the need for expansion, upgrades or decommissioning of the network. Distribution grid operators and district heating owners/operators shall cooperate with national regulators, including through the provision of data on the foreseen demand and supply of gases in line with decarbonization objectives at EU and national level. National regulators shall then develop net zero infrastructure plans developed in an integrated manner covering gases, electricity and heat planning, for the latter integrating all relevant local heating and cooling plans as set out in Directive ... [[the Energy Efficiency Directive - [ recast of the directive on energy efficiency 2021/0203 (COD)], Article 23] as well as national plans for building renovation and net zero carbon building stocks [recast EPBD Article XX]
Amendment 227 #
Proposal for a directive
Recital 78 b (new)
Recital 78 b (new)
(78 b) There is a need to integrate national planning for a phase out of natural gas and associated infrastructure in the update of national energy and climate plans and progress reports per the Governance Regulation (EU) 2018/1999 by 30 June 2024.
Amendment 228 #
Proposal for a directive
Recital 79
Recital 79
Amendment 229 #
Proposal for a directive
Recital 80
Recital 80
(80) Where system operators for natural gas or hydrogen network operators refuse requests for access, connection or disconnection due to a lack of capacity, should refusals should be duly substantiated, and the underpinning request is included in the regulators’ net zero infrastructure pland, operators should bare required to enhance their system in order to enable the requested connections or access where it is economic to do so.
Amendment 232 #
Proposal for a directive
Recital 96
Recital 96
(96) Member States should take concrete measures to assist the wider use of biogas and gas from biomass, the producers of whichsteer the use of sustainable biogas and gas from biomass, into priority applications such as industry feedstocks, district heating backup and high temperature uses in industry. Member States shall also ensure that biogas and biomethane grid integration is based on national sustainability potential assessments and on pre-identified priority uses and locations. Only in those areas the producers should be granted non- discriminatory access to the gas system, provided that such access is compatible with the relevant technical rules and safety standards on an ongoing basis.
Amendment 236 #
Proposal for a directive
Recital 99 a (new)
Recital 99 a (new)
(99 a) Grid-based blending represents the least energy-efficient and cost effective use of gaseous molecules and risks that green hydrogen cannot get supplied to priority sectors such as aviation or steel industry for which ambitious quotas have been set and which cannot decarbonise with other means. Around 40 % of existing plants and machines in the Union’ s cement, steel and chemical sectors are up for reinvestment this decade as they have reached their end of lifetime and investment decisions will depend on an assessment of the likelihood to get supplied by sufficient green hydrogen. Grid-based blending results in costly deviations from those sectors and repeated adaptations needs for infrastructure. It also poses challenges to certain industries such as the chemical sector that can only use specific blends and is technically limited to20 %, hence far from delivering sufficient GHG reductions. There should therefore be no regulatory or financial incentives to blend hydrogen into the gas grid. There should also be no duty of Member States to accept blends at cross-border interconnection points in line with Article194 TFEU which gives each Member State the right to determine its own energy supply.
Amendment 239 #
Proposal for a directive
Recital 100 a (new)
Recital 100 a (new)
(100 a) Grid-based blending represents the least energy-efficient and cost effective use of gaseous molecules and risks that green hydrogen cannot get supplied to priority sectors such as aviation or steel industry for which ambitious quotas have been set and which cannot decarbonise by other means. Around 40 % of existing plants and machines in the Union cement, steel and chemical sectors are up for reinvestment this decade as they have reached their end of lifetime and investment decisions will depend on the availability of sufficient green hydrogen. Grid-based blending results in costly deviations from those sectors and repeated adaptation needs for infrastructure. There should therefore be no regulatory or financial incentives to blend hydrogen into the gas grid.
Amendment 241 #
Proposal for a directive
Recital 101
Recital 101
(101) Energy regulators need to be able to take decisions in relation to all relevant regulatory issues if the internal market in natural gas is to function properly, and to be fully independent from any other political, public or private interests, including when developing the infrastructure network planning. The provisions relating to autonomy in the implementation of the allocated budget of the regulatory authority should be implemented within the framework defined by national budgetary law and rules. While contributing to the independence of the regulatory authority from any political or economic interest through an appropriate rotation scheme, it should be possible for Member States to take due account of the availability of human resources and of the size of the board.
Amendment 242 #
Proposal for a directive
Recital 103
Recital 103
(103) Regulatory authorities should be able to fix or approve tariffs, or the methodologies underlying the calculation of the tariffs, on the basis of a proposal by the transmission system operator or distribution system operator(s) or liquefied natural gas (LNG) system operator, or on the basis of a proposal agreed between those operatorsinput by system operators integrating the electricity, gas hydrogen and the users of the netwat sectorks. In carrying out those tasks, regulatory authorities should ensure that transmission and distribution tariffs, including through the phased own period where customers and supply shrinks, are non-discriminatory and cost-reflective, and should take account of the long-term, marginal, avoided network costs from demand-side management measures. Any gas grid operator investing into the gas grid should also take the risk of it becoming a stranded asset.
Amendment 246 #
Proposal for a directive
Recital 104
Recital 104
(104) Regulatory authorities should promote, in close cooperation with the Agency for the Cooperation of Energy Regulators (ACER), established by Regulation (EC) No 713/2009 of the European Parliament and of the Council15 , an open, competitive, secure and environmentally sustainable internal market in hydrogen with unhindered cross-border flows. Regulatory authorities need to be able to take decisions in relation to all relevant regulatory issues if the internal market in hydrogen is to function properlyintegrated infrastructure planning for electricity, gas, heat and hydrogen. _________________ 15 See page 1 of this Official Journal.
Amendment 253 #
Proposal for a directive
Recital 109
Recital 109
(109) Transmission system operators play an important role in ensuring cost effective investments in gas networks. For an optimised planning across energy carriers and to bridge the gap between the diverse national and EU-wide network planning approaches, additional requirements for consistent planning are introduced. The network planning should also take account of the increased interlinkages between natural gas and electricity, as well as hydrogen, the need to phase-out fossil gas by 2035, and the Union’s energy and climate obligations. For this reason, a net zero infrastructure planning obligation is introduced, which shall replace ten-year network development plans developed by transmission system operators. The net zero infrastructure plan shall be prepared by the national regulator, to avoid conflicts of interest inherent to industry- led planning, and it shall cover at least electricity, natural gas, heat and hydrogen.
Amendment 257 #
Proposal for a directive
Recital 110
Recital 110
(110) When developing the network development zero infrastructure plan, it is important that infrastructure operregulators take the energy efficiency first principle16 into account, in particular, the expected consumption used for the joint scenario development. _________________ 16 Commission Recommendation of 28.9/2021 on Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making in the energy sector and beyond, COM (2021) 7014 final
Amendment 259 #
Proposal for a directive
Recital 111
Recital 111
(111) The energy system integration strategy points out the importance of the coordinated planning and operation of the energy system in achieving the decarbonisation objectives. Therefore it is necessary to draw up a network development zero infrastructure plan based on a joint scenario developed on a cross-sectoral basis. While still keeping separate sectorial plans, infrastructure operators should work towards a higher level of integration taking into account system needs beyond specific energy carriers. The net zero infrastructure plan shall be consistent with the principle of energy system integration, as that term is applied in Commission Communication COM (2020) 299 final and the European Parliament resolution of 19 May 2021 on a European strategy for energy system integration (2020/2241(INI)).
Amendment 262 #
Proposal for a directive
Recital 112
Recital 112
(112) Network development zero infrastructure plans are an important element to identify infrastructure gaps and overcapacities and provide information on infrastructure that either needs to be built or that can be decommissioned and could be used for other purposes, such as hydrogen transport. This is true irrespective of the unbundling model chosen for the network operators.
Amendment 265 #
Proposal for a directive
Recital 113
Recital 113
(113) Providing information on infrastructure that can be decommissioned within the network development zero infrastructure plan may mean either leaving the infrastructure unused, dismantling it or using it for other purposes, such as hydrogen transport. The objective of this increased transparency on infrastructure takes into account that repurposed infrastructure is comparatively cheaper than newly built infrastructure and hence should enable a cost effective transition– which does not necessarily mean that it ensures overall cost effectiveness of the energy system.
Amendment 268 #
Amendment 270 #
Proposal for a directive
Recital 115
Recital 115
(115) Information contained in the network development zero infrastructure plan should enable a forecast onand regulation of the impacts on tariffs based on planning and decommissioning affecting the regulated asset base as mentioned in Article 51 of this Directive.
Amendment 271 #
Proposal for a directive
Recital 117
Recital 117
(117) In contrast to electricity, the role of natural gas is expected to decrease, and phase-out by 2035 which also affects the decreasing demand for infrastructure investments. The network development plan therefore needs to balance competition concerns and avoid stranded assets. Consequently, ownership unbundled transmission system operators should not be covered by Article 51 (7) as well as future network tariff setting. The net zero infrastructure plan therefore needs to launch the managed phase down of the gas grid, balance competition concerns and avoid stranded assets. Any gas operators taking investments now should bear the consequences of the investment.
Amendment 273 #
Proposal for a directive
Recital 117 a (new)
Recital 117 a (new)
(117 a) Distribution system operators should prepare network development plans in order to support the regulatory authority in developing its integrated net zero infrastructure plan, in determining whether to expand, upgrade, or decommission networks, and to ensure the achievement of a fossil gas phase-out by 2035 and the Union’s climate and energy obligations. The distribution network development planning process should be transparent and open to the public, and the draft and final plans should be made publicly available. The plans should also be based on objective information, promote integrated energy systems, and abide by the energy efficiency first principle. These plans should also incorporate and be based on local heat and building stock planning and on available renewable energy mapping and planning.
Amendment 275 #
Proposal for a directive
Recital 119
Recital 119
Amendment 281 #
Proposal for a directive
Recital 125
Recital 125
(125) Long-term contracts are an important part of the gas supply of Member States . However, they should not constitute a barrier to the entry of renewable and low carbon gasgases and switching to other renewable sources, which is why the duration of contracts for the supply of fossil gas will not be able to run beyond 204935. Such contracts shall always be in line with the objective of this Directive and are compatible with the TFEU , including the competition rules. It is necessary to take into account long-term contracts in the planning of supply and transport capacity of undertakings.
Amendment 286 #
Proposal for a directive
Recital 143
Recital 143
(143) In order to provide the minimum degree of harmonisation required to achieve the aim of this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of non-essential elements of certain specific areas which are fundamental for achieving the objectives of this Directive. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level and with the public, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making20 . In particular, to ensure equal participation in the preparation of delegated acts, the public, the European Parliament and the Council receive all documents at the same time as Member States' experts and the public, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of the delegated acts. The Commission should also ensure that the public has access to all documents and other information submitted to the Commission in connection with its adoption of the delegated act. _________________ 20 OJ L 123, 12.5.2016, p. 1.
Amendment 289 #
Proposal for a directive
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
-1. This Directive establishes a common framework for the phase out of natural gas supply by 2035 at the latest and for the decommissioning of related infrastructure assets. To this end the rules established by this Directive promote the energy efficiency first principle, further energy system integration, contribute to the prudent and rational utilisation of natural resources, to the achievement of the Union’s climate and energy targets, provide for fair attributions of costs and benefits as well as for clear identification of roles and responsibilities among market participants.
Amendment 290 #
1. This Directive establishes common rules for the transmission, distribution, supply and storage of gases within the meaning of Article 2, point (2) using the natural gas system defined in point (3) of that Article , together with consumer protection provisions, with a view to creating truly integrated, competitive, consumer centred, flexible, fair, transparent and non-discriminatory markets for gases in the Union. It lays down the rules relating to the organisation and functioning of that sector, access to the market, the criteria and procedures applicable to the granting of authorisations for transmission, distribution, supply and storage of gases using the natural gas system and the operation of systems.
Amendment 294 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive establishes rules for the transport, supply and storage of natural gas and the transition, including decommissioning, of the natural gas system to a system based on renewable and low-carbon gaswards an integrated highly efficient energy system based on renewable energy sources, most notably electricity, followed by sustainable renewable gases and RFNBOs for those applications that cannot be electrified by renewables.
Amendment 297 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive establishes common rules for the transport, supply and storage of renewable hydrogen using the hydrogen system. It lays down the rules relating to the organisation and functioning of this sector, access to the market, the criteria and procedures applicable to the granting of authorisations for networks, supply and storage of hydrogen and the operation of systems. (This amendment replacing 'Hydrogen' with 'renewable hydrogen' applies throughout the text)
Amendment 304 #
Proposal for a directive
Article 2 – paragraph 1 – point -1 (new)
Article 2 – paragraph 1 – point -1 (new)
(-1) ‘fossil gas’ means gas of fossil origin that primarily consist of methane;
Amendment 305 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘ natural gas’ means allrenewable gases that primarily consist of methane, including biogas and gas from biomass, in particular biomethane, or other types of gas, that can technically and safely be injected into, and transported through, the natural gas system;
Amendment 315 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘renewable gas’ means biogas as defined in Article 2, point (28)produced from waste and residue feedstock as listed in Annex IX - Part A of Directive 2018/2001, including biomethane, and renewable gaseous fuels part of fuels of non- biological origins (‘RFNBOs’) as defined in Article 2, point (36) of that Directive’; which meets a life-cycle greenhouse gas emission reduction threshold of 80% compared to the fossil fuel comparator of 66g CO2eq/MJ1a and comply with requirements set out in the Delegated Act “establishing a Union methodology setting out detailed rules for the production of renewable liquid and gaseous transport fuels of non-biological origin” and maximum hydrogen leakage rates. Biogas produced from food and feed-based crops and intermediate crops, as defined in Article 2, point (40) of Directive 2018/2001, and roundwood including veneer, pulp logs, and stemwood shall not be considered renewable gas. Renewable gases shall meet the maximum methane leakage rates, as per Annex IIA of this Directive. _________________ 1a 66g CO2eq/MJ which is the GHG emission factor of natural gas (see table 16, p23 of the JRC report: https://publications.jrc.ec.europa.eu/repos itory/handle/JRC104759
Amendment 321 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Amendment 325 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘gases’ mean fossil gas, natural gas and renewable hydrogen;
Amendment 334 #
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Amendment 340 #
Proposal for a directive
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
Amendment 345 #
Proposal for a directive
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Amendment 382 #
Proposal for a directive
Article 2 – paragraph 1 – point 70 – introductory part
Article 2 – paragraph 1 – point 70 – introductory part
(70) ‘citizenrenewable energy community’ means a legal entity that:renewable energy community as defined in Directive (EU) 2018/2001, Article 2, point (16) ;
Amendment 383 #
Proposal for a directive
Article 2 – paragraph 1 – point 70 – point a
Article 2 – paragraph 1 – point 70 – point a
Amendment 384 #
Proposal for a directive
Article 2 – paragraph 1 – point 70 – point b
Article 2 – paragraph 1 – point 70 – point b
Amendment 385 #
Proposal for a directive
Article 2 – paragraph 1 – point 70 – point c
Article 2 – paragraph 1 – point 70 – point c
Amendment 389 #
Proposal for a directive
Article 2 – paragraph 1 – point 71
Article 2 – paragraph 1 – point 71
(71) ‘renewable-gas active customer’ means a non-household final natural gas customer in the agricultural or public sector, or a group of jointly acting non- household final natural gas customers, who consumes or stores renewable gas, produced within its premises located within confined boundaries or, where permitted by a Member State, within other premises, or who sells self-produced renewable gas using the natural gas system, or participates in energy efficiencydemand shifting schemes, provided that those activities do not constitute its primary commercial or professional activity;
Amendment 397 #
Proposal for a directive
Article 2 – paragraph 1 – point 71 a (new)
Article 2 – paragraph 1 – point 71 a (new)
(71 a) 'energy efficiency first’ means ‘energy efficiency first’ as defined in Article2, point (18) of Regulation (EU) 2018/1999.
Amendment 399 #
Proposal for a directive
Article 2 – paragraph 1 – point 71 b (new)
Article 2 – paragraph 1 – point 71 b (new)
(71 b) 'Union climate and energy targets’ means those targets and enforceable obligations set forth in Regulation (EU) 2021/1119, Regulation (EU) 2018/1999, [Commission proposal to revise the EED], [Commission proposal to revise the EPBD] and [Commission proposal to revise the RED].
Amendment 405 #
Proposal for a directive
Article 2 – paragraph 1 – point 71 c (new)
Article 2 – paragraph 1 – point 71 c (new)
(71 c) 'public’ means public as defined in Regulation(EC) No 1367/2006, Article 2, point (b).
Amendment 408 #
Proposal for a directive
Article 2 – paragraph 1 – point 71 d (new)
Article 2 – paragraph 1 – point 71 d (new)
(71 d) ‘low-temperature industrial heat’ means thermal energy used by the industrial sector for any purpose, including space heating, water heating, steam production, heat treatments of intermediate goods, etc., for any application requiring a maximum temperature of 200 degrees Celsius or lower and for the production of products that fall under sections B, C, F and J, division (63) of the statistical classification of economic activities (NACE REV.2);
Amendment 410 #
Proposal for a directive
Article 2 – paragraph 1 – point 71 e (new)
Article 2 – paragraph 1 – point 71 e (new)
(71 e) ‘medium-temperature industrial heat’ means thermal energy used by the industrial sector for any industrial process application requiring a maximum temperature greater than 200 degrees Celsius and no higher than 500 degrees Celsius and for the production of products that fall under sections B, C, F and J, division (63) of the statistical classification of economic activities (NACE REV.2);
Amendment 411 #
Proposal for a directive
Article 2 – paragraph 1 – point 71 f (new)
Article 2 – paragraph 1 – point 71 f (new)
(71 f) 'hydrogen ready’ means infrastructure ready to accommodate pure hydrogen without further adaptation works, including pipeline networks or storage facilities that are newly constructed, repurposed from natural gas assets, or both;
Amendment 412 #
Proposal for a directive
Article 2 – paragraph 1 – point 71 g (new)
Article 2 – paragraph 1 – point 71 g (new)
(71 g) ‘repurposing’ means the technical upgrading or modification of existing natural gas infrastructure in order to ensure that it is dedicated for the use of pure hydrogen;
Amendment 414 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall ensure that their national law does promotes a highly energy efficient and fully renewables- based energy market, not unduly hamper cross-border trade in gases, the phase out of fossil gas use and assets, the functioning and emergence of liquid trading for gases, consumer participation, investments into, in particular, renewable and low carbon gases, or energy storage between Member States, and shall ensure that prices for gases reflect actual demand and supply and do not discriminate against non gaseous heating solutions.
Amendment 423 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Suppliers shall be free to determine the price at which they supply gases to customers. Member States shall take appropriate actions to ensure effective competition between suppliers, as well as ensure a level playing field between gases, electricity and thermal renewables, and to address undue discrimination between final customers.
Amendment 425 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. If there is evidence of market abuse in the retail market, the respective National Regulatory Authority shall intervene immediately. It shall also introduce a cap on the margins and profits, which suppliers take unduly on the gas component of the retail price. Member States shall tax windfall profits arising from undue retail prices.
Amendment 427 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 433 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 435 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Any Member State applying public interventions in the price setting for the supply of natural gas in accordance with paragraph 3 of this Article shall also comply with of Article 3(3), point (d) and with Article 24 of Regulation (EU) 2018/1999, regardless of whetherat the date of [entry into force of this Directive] shall cede to apply them by [transposition of this Directive] and also comply with of Article 3(3), point (d) and with Article 24 of Regulation (EU) 2018/1999. When the Member State concerned has households in energy poverty, and in addition to paragraph 2 of this Article, an adequate regulatory and financial support framework shall be in place to effectively address energy poverty and vulnerabilities to energy poverty prior to the Mrember State concerned has a significant number of households in energy poverty. oval of public interventions in the price setting. The support framework shall comprise policies such as social measures, financial and administrative support to invest in energy efficiency and renewable energy technologies, provision of decent and affordable social housing, and availability of rental housing complying with minimum energy performance standards, as well as access to information and advice.
Amendment 436 #
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 438 #
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
Amendment 444 #
Proposal for a directive
Article 4 – paragraph 8
Article 4 – paragraph 8
Amendment 445 #
Proposal for a directive
Article 4 – paragraph 9
Article 4 – paragraph 9
Amendment 446 #
Proposal for a directive
Article 4 – paragraph 10
Article 4 – paragraph 10
Amendment 448 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Amendment 449 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure, on the basis of their institutional organisation and with due regard to the principle of subsidiarity, that, without prejudice to paragraph 2, natural gas and hydrogen undertakings are operated in accordance with the principles of this Directive with a view to achieving a competitive, secure and environmentally sustainable market in gases , and shall not discriminate between those undertakings as regards their rights or obligations and not discriminate against undertakings fulfilling the same services on a renewable basis or through direct renewable electrification.
Amendment 450 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Having full regard to the relevant provisions of the TFEU , in particular Article 106 thereof, Member States may impose on natural gas and hydrogen undertakings , in the general economic interest, public service obligations which may relate to security, including security of supply, regularity, and quality of supplies, and environmental protection, including energy efficiency, energy from renewable sources and climate protection, including decommissioning of assets and mandates to swift away from or reduce gas consumption. Such obligations shall be clearly defined, transparent, non- discriminatory, verifiable and shall guarantee equality of access for natural gas undertakings and hydrogen undertakings of the Union to national consumers. In relation to security of supply, energy efficiency/demand-side management and for the fulfilment of environmental goals and goals for energy from renewable sources, as referred to in this paragraph, Member States may introduce the implementation of long-term planning, taking into account the possibility of third parties seeking access to the system.
Amendment 456 #
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5 a. Any public service obligation or measure imposed or adopted pursuant to this Article shall also promote the energy efficiency first principle, further energy system integration, contribute to the prudent and rational utilisation of natural resources, contribute to achieving the Union’s climate and energy targets and the Member State’s national energy and climate plan and long-term strategy adopted under Regulation (EU) 2018/1999, and enable the phase-out of fossil gas by 2035, and the gas switch plans according to Article 11a new.
Amendment 460 #
Proposal for a directive
Article 5 – paragraph 5 b (new)
Article 5 – paragraph 5 b (new)
Amendment 462 #
Proposal for a directive
Article 5 – paragraph 5 c (new)
Article 5 – paragraph 5 c (new)
Amendment 464 #
Proposal for a directive
Article 5 – paragraph 5 d (new)
Article 5 – paragraph 5 d (new)
5 d. Before the Member State imposes or adopts a public service obligation or measure, it shall duly explain how the observations received during the consultation have been taken into consideration. It shall also duly justify all instances where observations have not been taken into account, or have only partially been taken into account. To ensure early and effective participation, Member States shall always publish a draft decision to impose or adopt a public service obligation or measure, for comment by the public and the stakeholders referenced above. Member States shall ensure that the public and such stakeholders are informed in a timely, adequate, and effective manner, including through public notices and electronic media, of: a. the draft decision being developed, b. all background documents and other information used for development of the draft decision, c. a non-technical summary of the information referred to under points (i) and (ii), and d. practical arrangements for participating, including a timetable for the decision to be made, the entities from which relevant information may be obtained and comments may be submitted, reasonable time-frames allowing sufficient time for the public to be informed and to prepare and participate effectively in the decision-making process, and an explanation of the information made available or to be made available during the consultation.
Amendment 465 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States as well as the regulatory authorities shall cooperate with each other for the purpose of integrating their national markets at one and more regional levels, towards the creation of regional markets, where Member States as well regulatory authorities so decided, and further towards the creation of a fully liberalised internal market. In particular, the regulatory authorities where Member States have so provided or Member States shall promote and facilitate the cooperation of natural gas transmission system operators and hydrogen network operators at a regional level, including on cross- border issues , with the aim of creating a competitive internal market for gases , foster the cand decommissioning of assets, with the aim of ensuring cost- effective decarbonsistency of their legal, regulatory and technical framework and facilitate integration of the isolated systems forming gas islands that persist in the Union ation and continued competition during scaling down of the system. The geographical areas covered by such regional cooperation shall include cooperation in geographical areas defined in accordance with Article 28(3) of Regulation (EC) . Such cooperation may cover other geographical areas. Where the Commission considers that the rules at Union level are relevant for the regional integration of markets for gases, it shall provide appropriate guidance taking into account the specificities of these markets and the impact on neighbouring markets.
Amendment 469 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Agency for the Cooperation of Energy Regulators (‘ACER ’) shall cooperate with regulatory authorities and transmission system operators to ensure the compatibility of regulatory frameworks between and within the regions with the aim of creating a competitive internal market in gases and phasing out of fossil gas. Where ACER considers that binding rules on such cooperation are required, it shall make appropriate recommendations.
Amendment 471 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. In circumstances where an authorisation (for example, a licence, permission, concession, consent or approval) is required for the construction or, operation or decommissioning of natural gas facilities , hydrogen production facilities and hydrogen system infrastructure , the Member States or any competent authority they designate shall grant authorisations to build and/or operate such facilities, infrastructure, pipelines and associated equipment on their territory, in accordance with paragraphs 2 to 11. Member States or any competent authority they designate may also grant authorisations on the same basis for the supply of gases and for wholesale customers.
Amendment 474 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where Member States have a system of authorisation, they shall lay down objective and non-discriminatory criteria, and transparent procedures requiring public participation and the publication of information, which shall be met bywhen an undertaking applyingies for an authorisation to supply gases or to construct and/or operate natural gas facilities , hydrogen production facilities or hydrogen system infrastructure . The non- discriminatory criteria and procedures for the granting of authorisations shall be made public. Member States shall ensure that authorisation procedures for such facilities, infrastructure, pipelines and associated equipment take into account the importance of the project for the internal market for gases where appropriate.
Amendment 476 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. Member States shall ensure that any national rules concerning the authorisation, are proportionate and necessary and contribute to the implementation of the energy efficiency first principle.
Amendment 477 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall assess which legislative and non-legislative measures are necessary to streamline authorisation procedures, includwithout hampering any procedural steps related to environmental impact assessment procedures and public consultations. Member States shall report to the European Commission on the results of such an assessment as part of their integrated national energy and climate plans as referred to in, and in accordance with, the procedure set out in Article 3 and Articles 7 to 12 of Regulation (EU) 2018/1999, and as part of their integrated national energy and climate progress reports pursuant to Article 17 of Regulation (EU) 2018/1999.
Amendment 484 #
Proposal for a directive
Article 7 – paragraph 8 a (new)
Article 7 – paragraph 8 a (new)
8 a. Member States shall ensure that project promoters of any infrastructure for transport and storage of natural gas or biomethane - including pipelines, storage and LNG facilities - demonstrate to the national regulator, including through commercial contracts, that by 31 December 2029 the assets will effectively cease to be natural gas asset and become dedicated hydrogen assets. The project promoter shall furthermore present supply and demand assessment for the hydrogen supply. Member States shall ensure that authorisations are revocated if the infrastructure does not exclusively use hydrogen by 31 December 2029.
Amendment 485 #
Proposal for a directive
Article 7 – paragraph 10
Article 7 – paragraph 10
10. For the development of newly supplied areas and efficient operation generally, and without prejudice to Article 30, Member States mayshall decline to grant a further authorisation to build and operate distribution pipeline systems for natural gas unless established in the net- zero infrastructure plan that those lines are needed to supply industry or transport renewable gases. Member States shall also decline in any particular area once such pipeline systems have been or are authorised to be built in that area and if existing or proposed capacity is not saturated.
Amendment 487 #
Proposal for a directive
Article 8 – title
Article 8 – title
Certification of renewable and low carbon fuels
Amendment 488 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Renewable gases, as defined in Article 2 point (2), shall be certified in accordance with Article 29 and 30 of Directive (EU) 2018/2001. and Article 29a [Amending directive RED 2021/XX]. Renewable gases shall also meet the maximum methane leakage rates, according to Annex IIA of this Directive, and minimise hydrogen leaks, according to the thresholds and methodology established in paragraph 5.
Amendment 494 #
2. In order to ensure that the greenhouse gas emissions savings from the use of low carbon fuels Member States shall require economic operators to show that this threshold, the maximum methande low carbon hydrogen are at least 70% in accordance with the definitions in Article 2, points (10) and (12) under Article 2, Member States shall require economic operators to show that this threshold and theeakage rates, as per Annex IIA of this Directive, and the maximum hydrogen leaks requirements, established in the methodology referred to in paragraph 5 of this Article, have been complied with. For those purposes of meeting the GHG threshold, they shall require economic operators to use a mass balance system in line with Article 30 (1) and (2) of Directive (EU) 2018/2001.
Amendment 503 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall ensure that economic operators submit reliable information regarding the compliance with the 70% greenhouse gas emissions savings threshold set in paragraph 2 and with the greenhouse gas emissions saving methodologymaximum methane leakage rates as per Annex IIA of this Directive and the maximum hydrogen leaks referred to in paragraph 5, and that economic operators make available to the relevant Member State, upon request, the data that were used to develop the information. Member States shall require economic operators to put in place an adequate standard of independent auditing of the information submitted, and to provide evidence that this has been done. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud.
Amendment 508 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The obligations laid down in paragraph 2 shall apply regardless of whether low carbon fuelRenewable gases are produced within the Union or are imported. Information about the geographic origin and feedstock type of low carbon fuels or low carbon hydrogenRenewable gases per fuel supplier shall be made available to consumers on the websites of operators, suppliers or the relevant competent authorities and shall be updated on an annual basis.
Amendment 514 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. By 31 December 20243, the Commission shall adopt delegated acts in accordance with Article 83 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from low carbon fuels. The methodology shall ensure that credit for avoided emissions is not given for carbon dioxide the capture of which has already received an emission credit under other provisions of lawmaximum hydrogen leakage rates and the lifecycle methodology for calculating them.
Amendment 519 #
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 522 #
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 523 #
Proposal for a directive
Article 8 – paragraph 8
Article 8 – paragraph 8
Amendment 525 #
Proposal for a directive
Article 8 – paragraph 9 – introductory part
Article 8 – paragraph 9 – introductory part
9. At the request of a Member State, which may be based on the request of an economic operator, the Commission shall, on the basis of all available evidence, examine whether the greenhouse gas emissions saving criteria laid down in this Article, the methodology developed in line with paragraph 5 of this Article, and the greenhouse gas emissions savings thresholds set in Article 2, points (9) and (10)maximum methane leakage rates as per Annex IIA of this Directive and the maximum hydrogen leakage rates in line with paragraph 5 have been met. Within six months of receipt of such a request, the Commission shall decide whether the Member State concerned may:
Amendment 526 #
Proposal for a directive
Article 8 – paragraph 9 – point a
Article 8 – paragraph 9 – point a
(a) accept the evidence already provided to show compliance with the greenhouse gas emissions saving criteria for low carbon fuelsmaximum methane leakage rates and the maximum hydrogen leakage rates in line with paragraph 5; or
Amendment 527 #
Proposal for a directive
Article 8 – paragraph 9 – point b
Article 8 – paragraph 9 – point b
(b) by way of derogation from paragraph 7, require suppliers of the source of low carbon fuelRenewable gases to provide further evidence of their compliance with the greenhouse gas emissions saving criteria and the 70% greenhouse gas emissions savings thresholdmaximum methane leakage rates as per Annex IIA to this Directive and the maximum methane leakage rates and the maximum hydrogen leakage rates.
Amendment 531 #
Proposal for a directive
Article 8 – paragraph 10
Article 8 – paragraph 10
10. Member States shall also require the relevant economic operators to enter into the Union database information on the transactions made and the sustainability characteristics of low carbon fuel, methane and hydrogen leakage rates of Renewable gases in line with the requirements established in Article 28 of Directive (EU) 2018/2001.
Amendment 541 #
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Amendment 547 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that non-household final customers, from agricultural or public sector, are entitled to act as gas active customers without being subject to disproportionate or discriminatory technical requirements, administrative requirements, procedures and charges, and to network charges that are not cost- reflective. Member States shall ensure that active customers comply with applicable sustainability and greenhouse gas emissions savings criteria under Article 29 of Directive 2018/2001, as well as with the maximum methane leakages set out to Annex IIA and obligations under Chapter III of Regulation xx/xx on methane emissions reduction in the energy sector.
Amendment 552 #
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) entitled to sell self-produced renewable natural gases using the natural gas system,
Amendment 553 #
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) entitled to participate in energy efficiencydemand shifting schemes;
Amendment 557 #
Proposal for a directive
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. Member States shall ensure that renewable gas active customers that own facilities that store renewable gas:
Amendment 560 #
Proposal for a directive
Article 14 – title
Article 14 – title
Amendment 561 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Member States shall provide an enabling regulatory framework for citizenensure that renewable energy communities ensuring that:
Amendment 563 #
Proposal for a directive
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) participation in a citizen energy community is open and voluntarye able to access all natural gas markets in a non-discriminatory manner;
Amendment 568 #
Proposal for a directive
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) members or shareholders of a citizen energy community are entitled to leave the community, in which case Article 11 applies;are treated in a non-discriminatory and proportionate manner with regard to their activities, rights and obligations as final customers, producers, suppliers or distribution system operators or market participants; and
Amendment 571 #
Proposal for a directive
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) members or shareholders of a citizen energy community do not lose their rights and obligations as household customers or active customersare financially responsible for the imbalances they cause in the natural gas system or shall delegate their balancing responsibility in line with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx];
Amendment 574 #
Proposal for a directive
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) subject to fair compensation as assessed by the regulatory authority, relevant distribution system operators cooperate with citizen energy communities to facilitate transfers of renewable natural gases within citizen energy communitentitle members or shareholders to leave the community, in which case Article 11 applies;
Amendment 580 #
Proposal for a directive
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) citizenrenewable energy communities are subject to non-discriminatory, fair, proportionate and transparent procedures and charges, including with respect to grid connection, registration and licensing, and to transparent, non-discriminatory and cost-reflective network charges, ensuring that they contribute in an adequate and balanced way to the overall cost sharing of the natural gas system.
Amendment 582 #
Proposal for a directive
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. Member States shall ensure that final customers, in particular household customers, are entitled to participate in a renewable energy community while maintaining their rights or obligations as final customers, and without being subject to unjustified or discriminatory conditions or procedures that would prevent their participation in a renewable energy community, provided that for private undertakings, their participation does not constitute their primary commercial or professional activity. Member States may provide in the enabling regulatory framework that citizenrenewable energy communities: without prejudice to the requirement that participants are located in proximity to each other.
Amendment 585 #
Proposal for a directive
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
Amendment 587 #
Proposal for a directive
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
Amendment 588 #
Proposal for a directive
Article 14 – paragraph 2 – point c
Article 14 – paragraph 2 – point c
Amendment 590 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 603 #
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. Member States shall ensure that renewable energy communities engage in production, supply, consumption or storage of renewable gas. To this end, Member States shall ensure that renewable energy communities comply with applicable sustainability and greenhouse gas emissions savings criteria under Article 29of Directive 2018/2001, as well as with the maximum methane leakages set out to Annex IIA and obligations under Chapter III of Regulation xxxx on methane emissions reduction in the energy sector.
Amendment 604 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 608 #
Proposal for a directive
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4 a. By six months after the entry into force of this Directive, the Commission shall propose are commendation clarifying how the requirement of proximity should be applied to biomethane production and supply, as well as other activities for renewable energy communities, in order to promote the development of different models while also protecting against potential abuse from larger commercial market actors.
Amendment 610 #
Proposal for a directive
Article 16 – title
Article 16 – title
16 Smart metering systems in the natural gas system for industrial customers
Amendment 611 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 613 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall ensureproceed with the deployment in their territories of smart metering systems. Such deployment may be subject to a cost- for industrial customers only after a positive cost-benefit assessment, which clearly assesses and specifies industrial consumers’ benefits assessmentrising from the use of smart meters and signing up for smart meter-enabled offers, which shall be undertaken in accordance with the principles laid down in Annex II.
Amendment 617 #
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3 a. Member States through National Regulatory Authorities and in consultation with consumer bodies and other relevant organisations, shall develop guidelines for the provision of clear and understandable information and advice to industrial consumers about the benefits of smart meters.
Amendment 618 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 619 #
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 621 #
Proposal for a directive
Article 17 – title
Article 17 – title
Smart metering systems in the hydrogen system for industrial customers (This amendment applies throughout the text. "smart meter/ smart metering systems" replaced by "Smart meters/ smart metering system for industrial customers")
Amendment 623 #
Proposal for a directive
Article 19
Article 19
Amendment 632 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
Member States shall take appropriate measures to protect final customers, and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customers. In this context, each Member State shall define the concept of vulnerable customers which mayshall refer to energy poverty. Where Member States fail to define energy poverty according to the provision in EED (RECAST XX) they shall employ the definition agreed therein. Measures to protect vulnerable consumers mayshall include, inter alia, to the prohibition of disconnection to such customers in critical times, and in all cases during winter times . The concept of vulnerable customers shall at least include income levels, the share of energy expenditure of disposable income, the energy efficiency of homes, critical dependence on gas equipment for health reasons, and age. Member States shall ensure that rights and obligations linked to vulnerable customers are applied.
Amendment 635 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
In particular, Member States shall take appropriate measures to protect final customers in remote areas who are already connected to the natural gas or hydrogen systems. Member States mayshall appoint a supplier of last resort for household customers, and, where Member States deem it to be appropriate, small enterprises considered to be vulnerable customers connected to the gas system.. They shall ensure high levels of According to relevant provisions of this Directive, consumer protection, particularly with respect to transparency regarding contractual terms and conditions, general information and dispute settlement mechanisms shall be always ensured. Social tariffs and supplier of last resort tariffs for vulnerable or energy poor customers shall not be higher than the lowest market price.
Amendment 637 #
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
Member States shall take appropriate measures, such as providing support to ensure the necessary energy supply to vulnerable customers, deploy renewable energy and improve energy efficiency, including building renovations, to sustainably overcome energy poverty and vulnerability. Such measures shall not impede the effective opening of the market set out in Article 4 or market functioning and shall be notified to the Commission, where relevant, in accordance with Article 5(5). Such notifications may also include measures taken within the general social security system. In case the support pursuant to the first subparagraph takes the form of a direct income support mechanism to customers, it shall be limited in time and shall be accompanied by a set of public interventions of at least the same financial magnitude supporting beneficiaries in efficiency programmes, including building renovation, and in switching to renewable energy.
Amendment 640 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
Member States shall enable the access of renewable and low carbon gases to the market and infrastructure regardless whether the renewable and low carbon gases production facilities are connected to distribution or transmission networks.gases production facilities are connected to distribution or transmission networks, provided that such access is deemed beneficial based on national net zero infrastructure planning as per Article 51. Member States shall not enable that access for low and medium temperature heat uses as of 1 Jan 2027 and shall not allow new connections to the gas distribution grids for residential buildings as of [entry into force of this Directive]
Amendment 651 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The provisions of this Directive shall not prevent the conclusion of long- term contracts for renewable and low carbon gases in so far as they comply with Union competition rules and contribute to decarbonisation. No long-term contracts for supply of unabated fossil gas shall be concluded with a duration beyond the end of year 204935 .
Amendment 653 #
Proposal for a directive
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 662 #
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Until 31 December 2030, a Member State may decide not to apply paragraph 1, provided the hydrogen network operator is fully unbundled. In such case, the Member State shall ensure the implementation of a system of negotiated third party access to hydrogen networks in accordance with objective, transparent and non- discriminatory criteria. One of those criteria shall be the immediate release of entry capacity when production capacity is decommissioned or undergoes a deep refurbishment, including changing the basic technology used to produce renewable hydrogen. The capacity released should be allocated with a priority to new renewable entrants to promote competition. The regulatory authorities shall take the necessary measures for hydrogen network users to be able to negotiate access to hydrogen networks. The parties shall be obliged to negotiate access to hydrogen networks in good faith.
Amendment 665 #
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Member States shall ensure the implementation of a system of third party access to hydrogen and ammonia terminals based on negotiated access in an objective, transparent and non- discriminatory manner, whereby the regulatory authorities shall take the necessary measures for hydrogen terminal users to be able to negotiate access to such terminals. The parties shall be obliged to negotiate access in good faith.
Amendment 668 #
Proposal for a directive
Article 34 – title
Article 34 – title
Refusal of access and , connection or disconnection
Amendment 671 #
Proposal for a directive
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Taking into account national and Union decarbonisation objectivesMember States shall ensure that no connection is granted for medium and low temperature heat industrial customers. Taking into account national and Union energy and climate objectives, the phase out date of fossil gas, according to Article 1, paragraph -1, the planned gas switch, according to Article 11a, Member States shall take appropriate measures to ensure that the natural gas or hydrogen undertaking refusing access or connection to the natural gas system or hydrogen system on the basis of lack of capacity or a lack of connection makes the necessary enhancements as far as it is economic to do so or when a potential customer is willing to pay for them.
Amendment 672 #
Proposal for a directive
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2 a. Natural gas undertakings shall ensure disconnection of customers in line with national net zero infrastructure planning, fossil gas phase out and gas switch planning provisions of this Directive.
Amendment 673 #
Proposal for a directive
Article 34 – paragraph 3
Article 34 – paragraph 3
3. Access to the system for renewable and low carbon gases may only be refused subject to the provisions of Article 18 and 33 of [recast Gas Regulation as proposed in COM(2021) xxx] and for requests that are not justified by the national net zero planning, the fossil gas phase out and the gas switch planning provisions set out by this Directive.
Amendment 675 #
Proposal for a directive
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
(a) operate, maintain and, develop and decommission under economic conditions secure, reliable and efficient transmission, storage or LNG facilities to secure an open market, with due regard to the environment, national and union energy and climate objective, fossil gas phase out date and gas switch planning, the obligations laid down in [Regulation (EU) 2022/ … (Methane Regulation)] ensure adequate means to meet service obligations;
Amendment 677 #
Proposal for a directive
Article 35 – paragraph 1 – point b a (new)
Article 35 – paragraph 1 – point b a (new)
(b a) ensure maximum leakage rates as per Annex IIa of this Directive and other obligations laid down in [Regulation (EU) 2022/ … (Methane Regulation)]
Amendment 678 #
Proposal for a directive
Article 35 – paragraph 3
Article 35 – paragraph 3
3. Transmission system operators shall cooperate with distribution system operators to ensure the effective participation of market participants connected to the grid in retail, wholesale and balancing market as well as to ensure maximum methane leakage rates are respected.
Amendment 685 #
Proposal for a directive
Article 35 – paragraph 9
Article 35 – paragraph 9
9. LNG and storage system operators shall cooperate, within one Member State and regionally, to ensure the most efficient use of facilities capacities and synergies between these facilities, taking into account system integrity and operation and minimised methane leakage inter alia by prioritising co located uses.
Amendment 694 #
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The transmission system operator shall establish and publish transparent and efficient procedures for non-discriminatory connection of new production installations of renewable and low carbon gasesgases, only for the strictly necessary capacity as identified by the national integrated net zero infrastructure planning. Those procedures shall be subject to approval by the regulatory authorities.
Amendment 696 #
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The transmission system operators shall not be entitled to refuse economically reasonable and technically feasaible connection requests of a new production facility installation for renewable and low carbon gasegases which are included in national net zero infrastructure planning and national natural gas phase out and switch plans.
Amendment 698 #
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. The transmission system operator and the hydrogen network operator shall establish and publish transparent and efficient procedures and tariffs for non- discriminatory connection of natural gas and renewable hydrogen storage facilities, LNG regasification facilities , hydrogen terminals and industrial customers to the transmission system and the hydrogen network only for the strictly necessary capacity identified under the national integrated net zero infrastructure planning. Those procedures shall be subject to approval by the regulatory authority.
Amendment 704 #
Proposal for a directive
Article 39 – paragraph 1
Article 39 – paragraph 1
Following a transparent procedure, Member States shall designate, or shall require undertakings which own or are responsible for distribution systems to designate, for a period of time to be determined by Member States, having regard to considerations of efficiency, the net zero pathways and economic balance, one or more distribution system operators and shall ensure that those operators act in accordance with Articles 40, 42 and 43. the period of time shall not exceed 10 years.
Amendment 706 #
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Each distribution system operator shall be responsible for ensuring the long- term ability of the system to meet reasonable demands for the distribution of gas in net zero infrastructure plans, and for operating, maintaining and develop, developing and decommissioning under economic conditions a secure, reliable and efficient system in its area, with due regard for the environment . Each distribution system operator shall be responsible for ensuring the maximum leakage rates established in Article XX and Annex XX of this Directive, and , the obligations laid down in [Regulation (EU) 2022/ … (Methane Regulation)] and energy efficiency. This also includes biogas and biomethane assets.
Amendment 708 #
Proposal for a directive
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2 a. If so decided by regulatory authorities, distribution system operators may be given as an overriding mandate the delivery of energy services rather than gaseous fuels to customers. In any event, the distribution system operator shall always consider non gaseous options for supplying heat to customers. In the event a cost benefit analysis based on net zero infrastructure plans indicates that non-gaseous solutions are more cost effective, the distribution system operator shall implement those.
Amendment 712 #
Proposal for a directive
Article 40 – paragraph 9
Article 40 – paragraph 9
9. The distribution system operators shall not be entitled to refuse economically reasonable and technically feasible connection requests of a new production facility for renewable and low carbon gases that is included in the national net zero infrastructure plan.
Amendment 713 #
Proposal for a directive
Article 40 a (new)
Article 40 a (new)
Article 40 a Distribution network development plans 1. Each distribution system operator shall prepare a distribution network development plan every two years, for the purpose of ensuring that the net zero infrastructure development plans prepared by the regulator under Article 51 are sufficiently detailed and are adequately based on local circumstances. Distribution system plans shall be consistent with the net zero infrastructure development plans, and they shall meet the same criteria and abide by the same requirements applicable to the net-zero infrastructure development plans under Article 51, paragraphs 2 and 3. Before submitting the draft distribution network development plan to the regulator, the distribution system operator shall conduct a consultation in accordance with Article 51, paragraph 4. 2. The distribution network development plan must reflect the latest version of all available local heat plans as per (EED revision 2021 Art 23) and net zero carbon building stock planning as per EPBD revision 2021, ArtXXX ) and any relevant renewable energy mapping and planning as per (REDII revision Repower). 3. The distribution system operator shall submit the draft distribution network developments plan to the regulator with sufficient advance time to ensure it can be considered in preparing the net zero infrastructure development plan. The draft distribution system plan shall also be made publicly available at that time. 4. The regulator shall review the distribution system plan for its consistency with the requirements under Article 51, paragraphs 2 and 3, and with the net zero infrastructure development plan. If the regulator identifies inconsistencies, it shall amend the distribution system plan as appropriate.
Amendment 715 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Regulatory authorities shall oblige the distribution system operator to publish transparent and efficient procedures for non-discriminatory connection of new production installations of renewable and low carbon gases. Those procedures shall be subject to approval by the regulatory authoritigases.
Amendment 726 #
Proposal for a directive
Article 46 – paragraph 1 – point a
Article 46 – paragraph 1 – point a
(a) operating, maintaining and developing under economic conditions a secure and reliable infrastructure for hydrogen transport or storage with due regard to the environment, including maximum hydrogen leakages rates, in close cooperation with connected and neighbouring hydrogen network operators and based on national net zero infrastructure planning ;
Amendment 727 #
Proposal for a directive
Article 46 – paragraph 1 – point b
Article 46 – paragraph 1 – point b
(b) ensuring the long-term ability of the hydrogen system to meet identified reasonable demands for the transport and storage of hydrogen in the national net zero infrastructure planning;
Amendment 730 #
Proposal for a directive
Article 46 – paragraph 1 – point g
Article 46 – paragraph 1 – point g
(g) taking all reasonablenecessary measures available to prevent and minimise hydrogen emissions in their operations and carrying out, at regular intervals, a hydrogen leak detection and repair survey of all relevant components under the operator responsibility;
Amendment 731 #
Proposal for a directive
Article 46 – paragraph 1 – point h
Article 46 – paragraph 1 – point h
(h) submitting a hydrogen leak detection report and, where necessary, a repair or replacement programme to the competent authorities; Data on leaks and repairs shall be made publicly available
Amendment 732 #
Proposal for a directive
Article 46 – paragraph 1 – point h a (new)
Article 46 – paragraph 1 – point h a (new)
(h a) set forth forecasted supply and demand for hydrogen, identifying specifically forecasts for renewable electricity production, renewable hydrogen for priority sectors only, notably very high temperature heat industrial applications, hard-to-abate aviation and maritime applications where alternatives to direct renewable electrification or not yet technically feasible. Forecasts shall be based on the latest scientific evidence, incorporates reasonable assumptions for the evolution of production, consumption and trade, and developed with input from all relevant stakeholders;
Amendment 733 #
Proposal for a directive
Article 46 – paragraph 1 – point h b (new)
Article 46 – paragraph 1 – point h b (new)
Amendment 736 #
Proposal for a directive
Article 46 – paragraph 2
Article 46 – paragraph 2
2. Each hydrogen network operator shall build sufficient cross-border capacity to integrate European hydrogen infrastructure accommodating all economically reasonable and technically feasible demands for capacity and taking into account security of hydrogen supplybased on an EU wide net zero infrastructure network plan.
Amendment 741 #
Proposal for a directive
Article 46 – paragraph 3 a (new)
Article 46 – paragraph 3 a (new)
3 a. Hydrogen network operators should be required to ensure stable hydrogen quality at the exit point for uses in the hard-to-abate sectors.
Amendment 744 #
Proposal for a directive
Article 47
Article 47
Amendment 748 #
Amendment 749 #
Proposal for a directive
Article 48 – paragraph 1
Article 48 – paragraph 1
Amendment 750 #
Proposal for a directive
Article 48 – paragraph 1 a (new)
Article 48 – paragraph 1 a (new)
1 a. 1. Member States may provide for regulatory authorities or other competent authorities to classify a system which transports hydrogen within a geographically confined industrial site and does not, without prejudice to paragraph 4, supply household customers, or any other customers which are not hard to abate priority customers for hydrogen uses, as a closed transport system if: (a) for specific technical or safety reasons, the operations or the production process of the users of that system are integrated; or (b) that system transports hydrogen primarily to the owner or operator of the system or to their related undertakings. 2. Member States may provide for regulatory authorities to exempt the operator of a closed hydrogen transport system from the requirement under Article 31 that tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 72. 3. Where an exemption is granted under paragraph 2, the applicable tariffs, or the methodologies underlying their calculation, shall be reviewed and approved in accordance with Article 72 upon request by a user of the closed hydrogen transport system. 4. Closed transport systems shall be considered as transport systems for the purposes of this Directive.
Amendment 751 #
Proposal for a directive
Article 48 – paragraph 2
Article 48 – paragraph 2
Amendment 756 #
Proposal for a directive
Article 49 – paragraph -1 (new)
Article 49 – paragraph -1 (new)
Amendment 761 #
Proposal for a directive
Article 49 – paragraph 3
Article 49 – paragraph 3
3. Such intergovernmental agreement mayshall contain, as appropriate, rules specifying the implementation of the requirements of third-party access, tariff regulation and on the unbundling of the operator of the hydrogen interconnector, as well as rules on the certification of renewable and low-carbon hydrogen, including rules ensuring the collection of required data and the application of the criteria for accounting hydrogen produced from electricity as renewable hydrogen.
Amendment 768 #
Proposal for a directive
Article 51 – title
Article 51 – title
Amendment 771 #
Proposal for a directive
Article 51 – paragraph 1
Article 51 – paragraph 1
1. At least every two yeaNational regulators , shall transmission system operators shall submit to the relevant regulatory authority a ten-year network development plan based on existing and forecast supply and demand after having consulted all relevant stakeholdersdevelop in time for the update of the national energy and climate plans as per Governance Regulation 2018/1999 integrated net zero infrastructure development plans covering at least electricity, natural gas, heat and hydrogen. Those net zero infrastructure plans shall cover the time period to 2050 and be aligned with decarbonisation pathways and milestones at EU and national level. There shall be at least one single network development zero infrastructure plan per Member State. Infrastructure operators, including LNG terminal operators, storage operators, transmission system operators, distribution system operators as well as hydrogen, district heating infrastructure and electricity operators and municipalities shall be required to provide and exchange all relevant information to the transmission system operators required for developing the single plan. Thate network development plan shall contain efficient measures in order to guarantee the adequacy of the natural gas system and the security of supply , in particular the compliance with the infrastructure standards under Regulation (EU) 2017/1938. The ten-year network zero infrastructure plan, and the information which the regulator considered in developing the net zero infrastructure plan, shall be published and accessible on a website. The net zero development plans shall be published and accessible on a website replace Ten Years Network Development Plans developed by transmission system operators.
Amendment 779 #
Proposal for a directive
Article 51 – paragraph 2 – introductory part
Article 51 – paragraph 2 – introductory part
2. The ten-year network developmentnet zero infrastructure plan shall, in particular:
Amendment 780 #
Proposal for a directive
Article 51 – paragraph 2 – point a
Article 51 – paragraph 2 – point a
(a) contain the main infrastructure that needs to be built or upgraded over the next ten years, upgraded or decommissioned, and the main flexibility solutions that need to be implemented, between the date of the plan and 2030, and 2050, consistent with the energy efficiency first principle (as applied in Article 2, point 18 of Regulation (EU)2018/1999, [Article X, point X of the new Energy Efficiency Directive], and Commission Recommendation of 28.09/2021 on Energy Efficiency First COM (2021)7014 final) and with energy system integration (as applied in Commission Communication COM (2020) 299 final and the European Parliament resolution of 19 May 2021 on a European strategy for energy system integration (2020/2241(INI));
Amendment 788 #
Proposal for a directive
Article 51 – paragraph 2 – point b
Article 51 – paragraph 2 – point b
(b) contain all the investments already decided and identify new investments which have to be executIncorporate and ensure the achievement of the 2035 fossil gas phase- out date under Article 1,paragraph 1a, and the sector-specific gas switch dates and pathways developed inby the next three yearsMember State under Article 11a;
Amendment 790 #
Proposal for a directive
Article 51 – paragraph 2 – point c
Article 51 – paragraph 2 – point c
(c) include information on infrastructure that can or will be decommissioned; andtake full account of the distribution system plans under Article 40a and be consistent with such plans (including as may be amended by the regulator);
Amendment 795 #
(c a) identify based on cost benefit assessments priority uses and locations for renewable gases, including renewable hydrogen. The cost benefit assessments should be based on a methodology drafted by the national regulator;
Amendment 797 #
Proposal for a directive
Article 51 – paragraph 2 – point c b (new)
Article 51 – paragraph 2 – point c b (new)
(c b) support each municipality with cost benefit analysis for supplying heat in its area, comparing gaseous fuels with renewable-based electrification and other renewables, such as geothermal, heat-pumps, solar thermal;
Amendment 798 #
Proposal for a directive
Article 51 – paragraph 2 – point c c (new)
Article 51 – paragraph 2 – point c c (new)
(c c) amend and revise and eventually replace ten-year network development plans prepared by the transmission system operators, in light of EU and national decarbonisation and natural gas phase out objectives;
Amendment 801 #
Proposal for a directive
Article 51 – paragraph 2 – point d
Article 51 – paragraph 2 – point d
(d) provide for a time frame for all investment and decommissioning projects and flexibility solutions;
Amendment 807 #
Proposal for a directive
Article 51 – paragraph 2 – point e
Article 51 – paragraph 2 – point e
(e) be based on a joint scenario framework developed between the relevant infrastructure operators, including relevant distribution system operators, of at least gas and electricityand modelling for electricity, gas, heat, and hydrogen, which are based on the latest scientific evidence, incorporate reasonable assumptions for the evolution of production, consumption and trade, and are developed with input from all relevant stakeholders;
Amendment 813 #
Proposal for a directive
Article 51 – paragraph 2 – point g
Article 51 – paragraph 2 – point g
(g) be in line with the integrated national energy and climate plan and its updates, and with the integratedtegrated into the update of the national energy climate reports submitteddue by 30 June 2024 in accordance with Regulation (EU) 2018/1999 and support the climate- neutrality objective set out in Article 2(1), of Regulation (EU) 2021/1119.;
Amendment 814 #
Proposal for a directive
Article 51 – paragraph 2 – point g a (new)
Article 51 – paragraph 2 – point g a (new)
(g a) be in line with the latest Union energy and climate objectives for 2030 as defined under targets agreed in Directive (EU) .../...[recast EED], Article 26 of the Directive (EU) …/… [recast EPBD] and Article X of the Directive (EU) …/… [recast RED], any future 2040 milestones and the EU’s2050 net zero emissions target.
Amendment 820 #
Proposal for a directive
Article 51 – paragraph 3
Article 51 – paragraph 3
3. When elaborating the ten-year network development plan, the transmission system opernet zero infrastructure plan, the regulator shall fully take into account the potential for alternatives to system expansion, for instance the use of demand response,electrification of low temperature heat applications, alternative transport modes to pipelines, demand response, shifting of demand, all energy saving measures in industry with payback times lower than 8 years as well as expected consumption following the application of the energy efficiency first principle, trade with other countries and the Union-wide network development plan. The transmission system operregulator shall assess how to address, where possible, a need across electricity, hydrogen, heat and gases systems including information on the optimal location and size of energy storage and power to gas assets and planning for colocation of future production and use sites.
Amendment 827 #
Proposal for a directive
Article 51 – paragraph 4
Article 51 – paragraph 4
4. The regulatory authority shall consult all actual or potential system users on the ten-year network development plan in an open and transparent manner. Persons or undertakings claiming to be potential system users may be required to substantiate such claims. The regulatory authority shall publish the result of the consultation process, in particular possible neand all relevant stakeholders on the net zero infrastructure plan in an open and transparent manner. The regulatory authority shall publish the result of the consultation process, including possible needs for investments, decommissioning of assets, and flexibility interventions. When engaging in the consultation, the regulatory authority shall abide by at least the public participation and transparency requirements applicable to plans and programmes under Regulation(EC) No 1367/2006. The following shall also apply: a. the consultations shall involve at least the following stakeholders system operators for gas and electricity; gas producers, storage operators, and LNG operators; electricity storage operators, electricity market participants, electricity customers, independent aggregators, demand-response operators, and electricity producers (all of the above as defined in Directive 2019/944); organisations involved in hydrogen production, transmission, storage and consumption; organisations involved in the generation, transmission, and consumption of heat; operators of heating systems; consumers of heat; organisations involved in energy efficiency solutions and building renovations; local authorities; and civil society organisations; b. All documents and minutes of meetings related to the consultations shall be made public; and c. The regulatory authority shall provide a draft net zero infrastructure plan in advance for comments by the above stakeholders, along with all background documents and other information useds for investments. developing the draft plan.
Amendment 832 #
Proposal for a directive
Article 51 – paragraph 5 – introductory part
Article 51 – paragraph 5 – introductory part
5. The regulatory authority shall examine whether the ten-year network development plan covers all investment needs identified during the consultation process, and whether it is consistent with the most recent Union wide simulation of disruption scenarios carried out by the ENTSO for Gas under Article 7 of Regulation (EU) 2017/1938, with the regional and national risk assessments and the non-binding Union -wide ten-year network development plan ( Union -wide network development plan) referred to in Article 30(1), point (b), of Regulation (EU) 2019/943 . If any doubt arises as to the consistency with the Union -wide network development plan, the regulatory authority shall consult ACER . The regulatory authority may require the transmission system operator to amend its ten-year network development planAgency shall ensure comparability and consistency of national net zero infrastructure plans across Member States. The system operators shall use the national net zero infrastructure plan as a basis for their duties.
Amendment 835 #
Proposal for a directive
Article 51 – paragraph 5 – subparagraph 1
Article 51 – paragraph 5 – subparagraph 1
Amendment 836 #
Proposal for a directive
Article 51 – paragraph 6
Article 51 – paragraph 6
6. The regulatory authority shall monitor and evaluate the implementation of the ten-year network development plan.revise the net zero infrastructure plan every 2 years
Amendment 840 #
Proposal for a directive
Article 51 – paragraph 7 – introductory part
Article 51 – paragraph 7 – introductory part
7. In circumstances where the independent system operator or independent transmission operator , other than for overriding reasons beyond its control, does not execute an investment, which, under the ten-year network development or decommissioning, which, under the net zero infrastructure plan, was to be executed in the following three years, Member States shall ensure that the regulatory authority is required to take at least one of the following measures to ensure that the investment in question is made if such investment is still relevant on the basis of the most recent ten-year network development plan:
Amendment 843 #
Proposal for a directive
Article 51 – paragraph 7 – point a
Article 51 – paragraph 7 – point a
(a) to require the transmission system operator to execute the investments in question;
Amendment 846 #
Proposal for a directive
Article 51 – paragraph 7 – point c
Article 51 – paragraph 7 – point c
(c) to oblige the transmission system operator to accept a capital increase to finance the necessary investments and allow independent investors to participate in the capital.
Amendment 849 #
Proposal for a directive
Article 51 – paragraph 7 – subparagraph 1 – introductory part
Article 51 – paragraph 7 – subparagraph 1 – introductory part
Where the regulatory authority has made use of its powers under point (b) the first subparagraph, it may oblige the transmission system operator to agree to one or more of the following:
Amendment 850 #
Proposal for a directive
Article 51 – paragraph 7 – subparagraph 1 – point b
Article 51 – paragraph 7 – subparagraph 1 – point b
(b) construction or decommissioning by any third party;
Amendment 853 #
Proposal for a directive
Article 51 – paragraph 7 – subparagraph 2
Article 51 – paragraph 7 – subparagraph 2
The transmission system operator shall provide the investors with all information needed to realise the investment, shall connect new assets to the transmission network and shall generally make its best efforts to facilitate the implementation of the investment project.
Amendment 861 #
Proposal for a directive
Article 52
Article 52
Amendment 886 #
Proposal for a directive
Article 53 – title
Article 53 – title
Financing cross-border hydrogen infrastructure, including cross-border ones
Amendment 887 #
Proposal for a directive
Article 53 – paragraph -1 (new)
Article 53 – paragraph -1 (new)
-1. There shall be no cross- subsidisation between current gas grid users and the users of the future hydrogen network. The European Commission and Agency shall develop guidance on how to finance the hydrogen grid in line with the no cross-subsidisation principle.
Amendment 923 #
Proposal for a directive
Article 62 – paragraph 4
Article 62 – paragraph 4
Amendment 943 #
Proposal for a directive
Article 63 – paragraph 1
Article 63 – paragraph 1
Amendment 945 #
Proposal for a directive
Article 66 – paragraph 1 – introductory part
Article 66 – paragraph 1 – introductory part
1. Where certification is requested by a transmission system owner, a transmission system operator, a hydrogen network operator or a hydrogen network owner which is directly or indirectly controlled by a person or persons from a third country or third countries, the regulatory authority shall notify the Commission.
Amendment 946 #
Proposal for a directive
Article 66 – paragraph 3 – point b – introductory part
Article 66 – paragraph 3 – point b – introductory part
(b) to the regulatory authority or to another competent authority designated by the Member State that granting certification will not put at risk the security of energy supply of the Member State andor the Union . In considering that question the regulatory authority or other competent authority so designated shall take into account:
Amendment 947 #
Proposal for a directive
Article 66 – paragraph 3 – point b – point ii a (new)
Article 66 – paragraph 3 – point b – point ii a (new)
Amendment 948 #
Proposal for a directive
Article 66 – paragraph 7 – point a
Article 66 – paragraph 7 – point a
(a) the specific facts of the case and the third country or third countries concerned, including the track record of that third country’s implementation of its obligations as energy supplier in a fair, transparent, credible and unbiased manner, as well as the track record of Union-wide sanctions against that third country; and
Amendment 953 #
Proposal for a directive
Article 67 – paragraph 1
Article 67 – paragraph 1
Member States shall designate, or shall require undertakings which own natural gas storage , hydrogen and ammonia storage, LNG facilities and hydrogen and ammonia terminals to designate, for a period of time to be determined by Member States, having regard to considerations of efficiency and economic balance, one or more operators for these infrastructure .
Amendment 954 #
Proposal for a directive
Article 69 – paragraph 3
Article 69 – paragraph 3
3. Undertakings shall, in their internal accounting, keep separate accounts for each of their transmission, distribution, LNG , hydrogen terminal, natural gas and hydrogen storage and hydrogen transport activities as they would be required to do if the activities in question were carried out by separate undertakings, with a view to avoiding discrimination, cross- subsidisation and distortion of competition. They shall also keep accounts, which may be consolidated, for other activities not relating to transmission, distribution, LNG . hydrogen terminal, natural gas and hydrogen storage and hydrogen transport activities . . Revenue from ownership of the transmission , distribution or hydrogen network shall be specified in the accounts. Where appropriate, they shall keep consolidated accounts for other, non-gas activities. The internal accounts shall include a balance sheet and a profit and loss account for each activity. Under no circumstances, revenues or profits from one activity can be allocated to expenses in other activities.
Amendment 955 #
Proposal for a directive
Article 69 a (new)
Article 69 a (new)
Article 69 a Separation of regulated asset bases Undertakings shall maintain separate regulated asset bases for gas, electricity and hydrogen assets. Financial transfers from one activity to the other shall not be allowed. When assets are transferred from one asset base to the other, their value shall be established at a level ensuring that cross subsidies do not occur. This value shall be audited and approved by the competent National Regulatory Authority.
Amendment 956 #
Proposal for a directive
Article 70 – paragraph 4 – point b – point i
Article 70 – paragraph 4 – point b – point i
(i) act independently from any market or political interest;
Amendment 957 #
Proposal for a directive
Article 70 – paragraph 4 – point b – point ii
Article 70 – paragraph 4 – point b – point ii
(ii) do not seek or take direct instructions from any government or other public or private entity when carrying out the regulatory tasks. That requirement is without prejudice to close cooperation, as appropriate, with other relevant national authorities and consumer representative bodies or to general policy guidelines issued by the government and not related to the regulatory powers and duties under Article 72.
Amendment 958 #
Proposal for a directive
Article 70 – paragraph 5 – point d
Article 70 – paragraph 5 – point d
(d) the members of the board of the regulatory authority or, in the absence of a board, the regulatory authority’s top management are gender balanced and appointed for a fixed term of five up to seven years, renewable once.
Amendment 959 #
Proposal for a directive
Article 70 – paragraph 6
Article 70 – paragraph 6
6. By 5 July 2022 and every four years thereafter, the Commission shall submit a report to the European Parliament and the Council on the compliance of national authorities with the principle of independence set out in this Artic, including on board gender balance, set out in this Article, and in case of non-compliance analyse the issue and provide recommendations for resolving them. The reports shall be made publicly available.
Amendment 964 #
Proposal for a directive
Article 71 – paragraph 1 – point g
Article 71 – paragraph 1 – point g
(g) ensuring that customers benefit through the efficient functioning of their national market, promoting effective competition and helping to ensure a high level of consumer protection in close cooperation with relevant consumer protection authorities ;
Amendment 965 #
Proposal for a directive
Article 71 – paragraph 1 – point g a (new)
Article 71 – paragraph 1 – point g a (new)
(g a) ensuring customers benefit from the efficient functioning of national markets overlapping with other electricity markets, and where cross-sectorial issues arise, clarifying competencies among regulators and authorities and ensuring that solutions are cost-efficient;
Amendment 966 #
Proposal for a directive
Article 71 – paragraph 1 a (new)
Article 71 – paragraph 1 a (new)
To ensure consistency with the overall policy objectives of this Directive, namely the protection of consumer interests, national regulatory authorities shall consult relevant consumer organisations to take into consideration their perspectives but also to identify shortcomings in the implementation of their rights as laid down under this Directive
Amendment 967 #
Proposal for a directive
Article 72 – paragraph 1 – point a
Article 72 – paragraph 1 – point a
(a) fixing or approving, in accordance with transparent criteria, and publishing transmission orand distribution tariffs orand their methodologies , or both and their assumptions;
Amendment 968 #
Proposal for a directive
Article 72 – paragraph 1 – point a a (new)
Article 72 – paragraph 1 – point a a (new)
(a a) fixing depreciation, tariff rules and milestones for the natural gas phase out;
Amendment 969 #
Proposal for a directive
Article 72 – paragraph 1 – point a b (new)
Article 72 – paragraph 1 – point a b (new)
(a b) ensuring that no exemptions or discounts on tariffs are given, except where it reflects the ability to pay of vulnerable customers and those in energy poverty;
Amendment 970 #
Proposal for a directive
Article 72 – paragraph 1 – point a c (new)
Article 72 – paragraph 1 – point a c (new)
(a c) ensuring that tariffs are reflective of the costs, risks and benefits that each final customer causes to the network;
Amendment 971 #
Proposal for a directive
Article 72 – paragraph 1 – point a d (new)
Article 72 – paragraph 1 – point a d (new)
(a d) preparing an integrated net zero infrastructure plan, according to Article 51, including the cost benefit assessment of various heat and power supply options also of those competing with gaseous fuels;
Amendment 973 #
Proposal for a directive
Article 72 – paragraph 1 – point b
Article 72 – paragraph 1 – point b
(b) as of 1 January 2031 or as from the date of applying Article 31(1) of this Directive, fixing or approving, in accordance with transparent criteria, and publishing tariffs for hydrogen network access or their methodologies, or both and their assumptions;
Amendment 976 #
Proposal for a directive
Article 72 – paragraph 1 – point d
Article 72 – paragraph 1 – point d
(d) ensuring compliance of transmission system operators and distribution system operators, and where relevant, system owners, hydrogen network operators as well as of any natural gas and hydrogen undertakings and other market participants, including citizenrenewable energy communities , with their obligations under this Directive , [the recast Gas Regulation as proposed in COM(2021) xxx],the network codes and guidelines adopted pursuant Article 52 and 53 of Gas Regulation, Regulation (EU) 2017/1938 and other relevant Union legislation, including as regards cross-border issues , as well as ACER’s decisions ;
Amendment 978 #
Proposal for a directive
Article 72 – paragraph 1 – point h
Article 72 – paragraph 1 – point h
Amendment 985 #
Proposal for a directive
Article 72 – paragraph 1 – point q
Article 72 – paragraph 1 – point q
(q) actively monitoring the level and effectiveness of market opening and competition at wholesale and retail levels, including on natural gas and hydrogen exchanges, prices for household customers including prepayment systems, switching rates, disconnection rates, charges for and the execution of maintenance services and complaints by household customers, as well as any distortion or restriction of competition, including providing any relevant information, and bringing any relevant cases to the relevant competition authorities; price spikes and their impact on retail and consumer prices, the relationship between household prices and wholesale prices, how network costs and policy levies are passed through to customers, the evolution of supplier operational costs and margins across different final customer groups, the number of tariffs available to different consumer groups, number of offers restricted to different sales channels, number of customers on bundled contracts, satisfaction with the service provided by their supplier and complaint handling services, switching rates and switching times, including gas switches, disconnection rates, charges for and the execution of maintenance services, number of disconnections and reasons for disconnections and customers in debt (in particular for those in energy poverty and vulnerable situation), number of customers in energy poverty or vulnerable situations, and complaints by household customers, as well as any distortion or restriction of competition, including providing any relevant information, and bringing any relevant cases to the relevant competition or consumer authorities, share of energy efficiency measures (under Article 8 of the Energy Efficiency Directive) implemented as a priority in households affected by energy poverty and in social housing;
Amendment 991 #
Proposal for a directive
Article 72 – paragraph 1 – point s
Article 72 – paragraph 1 – point s
(s) respecting contractual freedom with regard to long-term contracts provided that they are compatible with Union law and consistent with Union policies and provided they contribute to decarbonisation objectives. No long-term contracts for supply of unabated fossil gas shall be concluded with a duration beyond the end of year 204935 ;
Amendment 995 #
Proposal for a directive
Article 72 – paragraph 1 – point v
Article 72 – paragraph 1 – point v
(v) helping to ensure, together with other relevant authorities, that the consumer protection measures, including those set out in Annex I, are effective and enforced through proper monitoring and reporting. In light of consumer interests, the monitoring shall particularly assess: (a) the level of debt, in particular for those in energy poverty and vulnerable situation, the barriers for customers to exercise their rights, including access to information on out-of-court dispute settlement, the availability and access to information with regard to energy offers, and possibility to compare them by using certified comparison tools; (b) the existence of misleading practices and offers; (c) the existence of barriers for customers to exercise their rights such as switching, termination of contract, and access to out- of-court dispute settlement mechanism, (d) the existence of measures to promote energy savings and renewable energy deployment for household customers affected by energy poverty, and in particular by assessing the effectiveness of measures notified within the framework of Article 25 of this Directive;
Amendment 996 #
Proposal for a directive
Article 72 – paragraph 1 – point v a (new)
Article 72 – paragraph 1 – point v a (new)
(v a) set minimum binding requirements for offers to be labelled as ‘green tariffs’, based on the ability of suppliers to substantiate the additionality of the contract by showing how consumers’ money is used to increase installed capacity of sustainable renewable energy beyond what would otherwise be installed;
Amendment 997 #
Proposal for a directive
Article 72 – paragraph 1 – point y
Article 72 – paragraph 1 – point y
(y) monitoring the strict implementation of rules relating to the roles and responsibilities of transmission system operators, distribution system operators, hydrogen network operators, suppliers and customers and other market parties pursuant to [recast Gas Regulation as proposed in COM(2021) xxx]including rules requiring network operators to maintain separate regulated asset bases for gas, electricity and hydrogen assets and ensuring that financial transfers between different regulated asset bases do not take place ;
Amendment 1000 #
Proposal for a directive
Article 72 – paragraph 1 – point ee
Article 72 – paragraph 1 – point ee
(ee) approving and amenddeveloping the network development plan zero infrastructure plan according to Article 51;
Amendment 1003 #
Proposal for a directive
Article 72 – paragraph 1 – point ii
Article 72 – paragraph 1 – point ii
(ii) monitoring the removal of unjustified obstacles to and restrictions on the development of consumption of self- generated renewable natural gas and citizen energy communitierenewable energy communities and prevent misuse of energy communities by market participants.
Amendment 1015 #
Proposal for a directive
Article 81 a (new)
Article 81 a (new)
Amendment 1018 #
Proposal for a directive
Article 83 – paragraph 4
Article 83 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult all relevant stakeholders, the public and experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making and with the Paragraph 6a. The Commission shall also receive an independent opinion form the European Scientific Advisory Board on Climate Change as to whether the delegated act contributes to achieving the Union’s energy and climate targets.
Amendment 1019 #
Proposal for a directive
Article 83 – paragraph 6 a (new)
Article 83 – paragraph 6 a (new)
Amendment 1023 #
Proposal for a directive
Article 85 – paragraph 1
Article 85 – paragraph 1
By 31 December 2030 the Commission shall review this Directive and27 and every 5 years thereafter, the Commission shall submit a report to the European Parliament and to the Council. The reviewport shall in particular examine the application of Article 8, and related definitions in Article 2, to assess whether facilities that begin operation from 1 January 2031 should demonstrate higher greenhouse gas emission savings from the use of low carbon fuels and low carbon hydrogen to receive certification pursuant to that Article. . : i. the ambition and overall environmental integrity of the Regulation in relation to the targets under the Paris Agreement, to the Union economy- wide GHG emissions reduction target for 2030, 2040 and to the climate-neutrality objective as defined in the European Climate Law, as well as to the Renewable energy and Energy efficiency targets and other relevant climate and energy legislation. ii. application of Article 8, and related definitions in Article 2, to assess whether facilities should demonstrate higher greenhouse gas emission savings, and lower methane and hydrogen leakage rates, from the use of renewable gases to receive certification pursuant to that Article. iii. the application of the unbundling provisions in the Directive for hydrogen undertakings, and in particular Articles 62 and 63, whether such provisions have sufficiently prevented and mitigated conflicts of interest between regulated and competitive hydrogen activities and between hydrogen and gas activities, thereby limiting the use of hydrogen only to priority, hard-to-abate industrial sectors where other more efficient means of decarbonisation are not possible. iv. whether the Directive has adequately ensured that renewable gases have been directed and will continue to be directed only for use in priority, hard- to-abate sectors where other more efficient means of decarbonisation are not possible. By 31 December 2027, The Commission shall consider amendments to the entire proposal, its environmental integrity and effectiveness in relation to the Paris Agreement, the Union’s GHG emissions reduction targets and the energy legislation, and at least: - increase the GHG emissions reduction threshold for RFNBOs; - make more stringent the methane and hydrogen leakages rates where the unbundling provisions have not sufficiently prevented and mitigated conflicts of interest mentioned above, apply stricter unbundling requirements; - where the Directive has not adequately ensured that renewable gases are directed only for use in priority, hard-to-abate sectors where other more efficient means of decarbonisation are not possible, apply provisions explicitly limiting the use of such renewable gases only to those.
Amendment 1025 #
Proposal for a directive
Annex I – point 1 – point 1.2 – point a a (new)
Annex I – point 1 – point 1.2 – point a a (new)
(a a) when is the payment due or to be received;
Amendment 1026 #
Proposal for a directive
Annex I – point 1 – point 1.2 – point g
Annex I – point 1 – point 1.2 – point g
(g) information on where to find online information or how to request offline information on all final customers' rights including as regards out-of-court dispute settlement, on the complaint handling process, including the contact details of the entity responsible pursuant to Article 26;
Amendment 1027 #
Proposal for a directive
Annex I – point 2 – point a
Annex I – point 2 – point a
(a) billing on the basis of actual consumption shall take place at least once a year ,where the final customer has a meter that allows remote reading by the operator, the final customer shall not be charged for unbilled energy consumed prior to the billing period covered in the statement of account;
Amendment 1028 #
Proposal for a directive
Annex I – point 2 – point b
Annex I – point 2 – point b
(b) where the final customer does not have a meter that allows remote reading by the operator, or where the final customer has actively chosen to disable remote reading in accordance with national law, accurate billing information based on actual consumption shall be made available to the final customer at least every sixthree months, or once every three months, if requested or where the final customer has opted to receive electronic billing;
Amendment 1029 #
Proposal for a directive
Annex I – point 2 – point c
Annex I – point 2 – point c
(c) where the final customer does not have a meter that allows remote reading by the operator, or where the final customer has actively chosen to disable remote reading in accordance with national law, the obligations in points (a) and (b) may be fulfilled by means of a system of regular voluntary self-reading by the final customer, whereby the final customer communicates readings from the meter to the operator; billing or billing information may be based on estimated consumption or a flat rate only where the final customer has not provided a meter reading for a given billing interval. The estimated consumption shall be based on the previous year consumption and/or on the consumption of a comparable final customer;
Amendment 1033 #
Proposal for a directive
Annex I – point 5 a (new)
Annex I – point 5 a (new)
5 a. Disclosure of information on additionality of “green tariffs” Those consumers on a ‘green’ tariff shall receive information in their bills on the additionality of the tariff over the previous year. This should demonstrate how consumers’ money issued to increase installed capacity or generation of renewable gases beyond what would otherwise be installed. A template layout shall be by all suppliers, building on the printed version that should be published with customers’ bills.
Amendment 1034 #
Proposal for a directive
Annex II – point 1
Annex II – point 1
1. Member States shall ensure the deployment of smart metering systems in their territories that may be subject toconduct an economic assessment of all the long-term costs and benefits to the market and the individual industrial consumer or which form of smart metering is economically reasonable and cost-effective and which timeframe is feasible for their distribution.
Amendment 1035 #
Proposal for a directive
Annex II – point 2 – paragraph 1
Annex II – point 2 – paragraph 1
Such assessment shall also duly consider potential synergies with an already rolled- out electricity smart metering infrastructure, or options for selective rollouts to cases that can quickly return net benefits to keep costs in check. Electricity smart metering infrastructure should be duly compensated for the utilisation of the system in place or for its upgrading.
Amendment 1036 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
3. Subject to thata positive assessment, Member States , shall prepare a timetable with a target of up to ten years for the deployment of smart metering systems. Where the deployment of smart metering systems is assessed positively, at least 80 % of final customers shall be equipped with smart meters within seven years of the date of the positive assessment for industrial customers.
Amendment 1038 #
Specific requirements Directive definition category Electrolysis Hydrogen made from ≥ 90% additional renewable Renewable hydrogen electricity (referencing the requirements in the RED gas (RFNBOs) delegated regulation “setting out detailed rules for the production of liquid and gaseous transport fuels of non-biological origin”). Biomass hydrogen From waste biomass (Annex IX, A in the RED excluding Renewable stemwood would be a safe list) gas Methane leakage requirements for specific primary biomass pathways below: Livestock Manure Methane leakage from digester ≤5.7% & Renewable hydrogen Methane leakage during upgrade ≤2.85% gas Wastewater sludge Methane leakage from digester ≤7.3% & Renewable hydrogen Methane leakage during upgrade ≤3.7% gas Livestock Manure Methane leakage from digester ≤6% & Renewable Biomethane Methane leakage during upgrade ≤3% gas Wastewater sludge Methane leakage from digester ≤7.6% & Renewable biomethane Methane leakage during upgrade ≤3.8% gas Silage maize and “food and feed crops” and “intermediate crops” as Renewable other food and feed defined in the RED are excluded from the renewable gas gas crops biomethane definition.
Amendment 1039 #
Proposal for a directive
Annex III a (new)
Annex III a (new)
Specific requirements Directive definition category Electrolysis hydrogen Hydrogen made from ≥ 90% additional renewable electricity Renewable (Renewable Fuels of Non- (referencing the requirements in the RED delegated regulation “setting gas biological origin as out detailed rules for the production of liquid and gaseous transport defined by the RED) fuels of non-biological origin”). Fossil gas hydrogen Carbon capture rate ≥83.5% & Low-carbon (steam methane reforming Upstream methane leakage rate ≤0.34% gas and carbon capture and storage, CCS) Coal + CCS hydrogen Carbon capture rate ≥94.4% Low-carbon gas Biomass hydrogen From waste biomass (Annex IX, A in the RED excluding stemwood would Renewable be a safe list) gas Methane leakage requirements for specific primary biomass pathways below: Livestock Manure Methane leakage from digester ≤5.7% & Renewable hydrogen Methane leakage during upgrade ≤2.85% gas Wastewater sludge Methane leakage from digester ≤7.3% & Renewable hydrogen Methane leakage during upgrade ≤3.7% gas Livestock Manure Methane leakage from digester ≤6% & Renewable Biomethane Methane leakage during upgrade ≤3% gas Wastewater sludge Methane leakage from digester ≤7.6% & Renewable biomethane Methane leakage during upgrade ≤3.8% gas Silage maize and other “food and feed crops” and “intermediate crops” as defined in the RED Renewable food and feed crops are excluded from the renewable gas definition. gas biomethane