BETA

Activities of Zdzisław KRASNODĘBSKI related to 2021/0424(COD)

Shadow reports (1)

2023/02/16
Committee: ITRE
Dossiers: 2021/0424(COD)
Documents: PDF(611 KB) DOC(236 KB)
Authors: [{'name': 'Jerzy BUZEK', 'mepid': 28269}]

Amendments (28)

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Recital 37

(37) Transparency on transmission system operators allowed or target revenue should be increased to enable benchmarking and an assessment by network users. Increased transparency should also facilitate cross-border cooperation and the setting up of ITC mechanisms between operators either for regional integration or for the implementation of tariff discounts for renewable and low carbon gases as set out in this Regulation.deleted

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 3 a (new)

Article 3 a Member States shall ensure that import of natural gas and renewable and low- carbon gases through pipelines from third countries is limited to countries applying the EU acquis with respect to the Third Energy Package and which have concluded an agreement with the Union.

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 4 – paragraph 2 – introductory part

2. ANotwithstanding paragraph 1, a Member State may allow financial transfers between regulated services that are separate as meant in in the first paragraph, provided that:

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 4 – paragraph 2 – point b

(b) the dedicated charge is collected ~~only~~ from exit points to final customers located within the same Member States as the beneficiary of the financial transfer; . Additionally, for cross-system network use financing, the dedicated charge may also be collected from other points, like interconnection points, and provided that the regulatory authorities of the Member States where the interconnection points are located reach an agreement. Where the concerned regulatory authorities cannot reach an agreement within six months, ACER shall take a decision, following the process pursuant to Article 6(10) in Regulation (EU) 2019/942;

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 4 – paragraph 3 – point c

(c) a financial transfer is approved for a limited period in time ~~and can never be longer than one third of the depreciation period of the infrastructure concerned].~~

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 6 – paragraph 7

7. As of 1 january 2031, Article 15 shall apply also to tariffs for access to hydrogen networks. ~~No tariffs shall be charged pursuant to Article 15for access to hydrogen networks at interconnection points between Member States.~~ Where a Member State decides to apply regulated third party access to hydrogen networks in accordance with Article 31 of [recast Gas Directive] before 1 January 2031, paragraph 1 of Article 15 shall be applicable to access tariff to hydrogen networks in that Member State.

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 8 – paragraph 1

LNG and storage system operators shall, at least every two years, assess market demand for new investment allowing the use of renewable and low carbon gases in the facilities. When planning new investments, LNG and storage system operators shall assess market demand and take into account security of supply, as well as market demand for liquid hydrogen and new related investments. LNG and storage system operators shall make publicly available any plans regarding new investments allowing the usage of renewable and low carbon gases in their facilities.

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 16 – paragraph 1 – point b

(b) capacity-based transmission tariffs at entry points from and exit points to hydrogen terminals and to storage facilities, unless a storage facility is connected to more than one transmission or distribution network and used to compete with an interconnection point. Such a discount shall be set at a level of 75% in the Member States where the renewable and low carbon gas was first injected into system.

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 16 – paragraph 5

~~[...]~~deleted

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point a

(a) Transmission system operators shall be required to provide the discount only for the shortest possible route in terms of border crossings between the location of where the specific proof of sustainability declaration, based on the sustainability certificate, was first recorded in the Union database and where it has been cancelled as considered consumed. Any potential auction premium shall not be covered by the discount.deleted

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point b

(b) Transmission system operators shall provide information on actual and expected volumes of renewable and low carbon gases and the effect of applying the tariff discount on their revenues towards the respective regulatory authority. Regulatory authorities shall monitor and assess the impact of the discount on tariff stability.deleted

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point c

(c) Once the revenue of a transmission system operator from these specific tariffs is reduced by 10% as a result of applying the discount, the affected and all neighbouring transmission system operators are required to negotiate an inter transmission system operator compensation mechanism. The system operators concerned shall agree within 3 years. Where within that time period no agreement is reached, the involved regulatory authorities shall decide jointly on an appropriate inter transmission system operator compensation mechanism within 2 years. In absence of agreement among the regulatory authorities, Article 6 of ACER Regulation shall apply. Where the regulatory authorities have not been able to reach agreement within 2 years, or upon their joint request, ACER shall decide, in accordance with the second subparagraph of Article 6(10) of Regulation (EU) 2019/942.deleted

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point d

(d) Further details required to implement the discount for renewable and low carbon gases, such as the calculation of the eligible capacity for which the discount applies and the required processes, shall be set in a network code established on the basis of Article 53 of this Regulation.deleted

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 17 – paragraph 2

2. The costs of the transmission system operator shall be subject to an efficiency comparison between Union transmission system operators, be appropriately defined by ACER. ACER shall publish on [3 years after transposition] and every four years thereafter a study comparing the efficiency of Union transmission system operators’ costs. The relevant regulatory authorities and the transmission system operators shall provide ACER with all the data necessary for this comparison. The results of such comparison shall be taken into account by the relevant regulatory authorities, together with national circumstances, when periodically setting the allowed or target revenues of transmission system operators.deleted

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 19 – paragraph 4 – introductory part

4. Where the concerned regulatory authorities recognise the restriction, they shall request the concerned transmission system operators to perform~~, within 12 months from the recognition,~~ the following actions in sequence:

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 19 – paragraph 4 – point a

(a) cooperate and develop technically feasible options, without changing the gas quality specifications, which may include flow commitments and gas treatment, in order to remove the recognised restriction and taking into account information provided by other stakeholders who might be affected by this process;

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 19 – paragraph 7

7. The joint coordinated decision of the concerned regulatory authorities shall include a decision on the allocation of the investment costs to be borne by each transmission system operator for implementing the agreed solution, as well as their inclusion in t~~ariff~~he allowed or target revenue of transmission system operators, taking into account the economic, social and environmental costs and benefits of the solution in the concerned Member States and its consequence for tarrifs.

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 23 – paragraph 11 a (new)

11 a. The ENTSO for Gas will be responsible for the development of Union- wide network development plans for gas and hydrogen networks. In carrying out this task ENTSO for Gas shall ensure the effective consultation and inclusion of all market participants , including hydrogen market participants. The ENTSO for Gas shall, among others, develop network codes in the areas set out in Article 54 and develop recommendations relating to the coordination of technical cooperation between gas transmission and distribution system operators on one hand, and hydrogen network operators on the other hand in the Union.

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 36 – paragraph 1

Distribution system operators operating a natural gas system shall cooperate at Union level through the European entity for distribution system operators (‘EU DSO entity’) set up in accordance with Articles 52 to 57 of Regulation (EU) 2019/943 of the European Parliament and of the Council12 , in order to promote the completion and functioning of the internal market for natural gas, cooperate in the development of the hydrogen market and to promote optimal management and a coordinated operation of distribution and transmission systems. . _________________ 12 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54).

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 40

~~[...]~~deleted

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 41

Transition to the ENNOH 1. Until the ENNOH is established in line with Article 40, the Commission will set up a temporary platform involving ACER and all relevant market participants, including the ENTSO for Gas, the ENTSO for Electricity and the EU DSO entity and ensures its administrative support. This platform will promote work on scoping and developing issues relevant for the building up of the hydrogen network and markets. The platform will cease to exist once ENNOH is established. 2. Until the ENNOH is established, the ENTSO for Gas will be responsible for the development of Union-wide network development plans for gas and hydrogen networks. In carrying out this task ENTSO for Gas shall ensure the effective consultation and inclusion of all market participants, including hydrogen market participants.Article 41 deleted

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 42 – paragraph 1

1. The ENNOH shall: (a) develop network codes in the areas set out in Article 54 with a view to achieving the objectives set out in Article 40; (b) adopt and publish biannually a non- binding Union-wide ten-year network development plan, including a European supply adequacy outlook; (c) cooperate with the ENTSO for Electricity and with the ENTSO for Gas; (d) develop recommendations relating to the coordination of technical cooperation between gas transmission and distribution system operators on one hand, and hydrogen network operators on the other hand in the Union; (e) develop recommendations relating to the coordination of technical cooperation between Union and third-party network operators; (f) adopt an annual work programme; (g) adopt an annual report; (h) adopt an annual outlook for the supply of hydrogen covering Member States where hydrogen is used in electricity generation or for supplying households; (i) adopt a hydrogen quality monitoring report by 15 May 2026 at the latest and every two years afterwards, including developments and forecasts for the expected developments of hydrogen quality parameters, as well as information on cases related to differences in hydrogen quality specifications and how such cases were settled; (j) promote cyber security and data protection in cooperation with relevant authorities and regulated entities.deleted

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 43

Ten-year network development plan for 1. The Union-wide ten-year network development plan referred to in Article 42 shall include the modelling of the integrated network, scenario development and an assessment of the resilience of the system. . The Union-wide ten-year network development plan shall in particular: (a) build on the national hydrogen network development reporting as set out in Article 52 of recast Gas Directive where available and Chapter IV of Regulation (EU) xxx [TEN-E Regulation]; (b) regarding cross-border interconnections, also build on the reasonable needs of different network users and integrate long-term commitments from investors referred to in Articles 55 and Chapter IX Section 3 of recast Gas Directive; (c) identify investment gaps, notably with respect to cross-border capacities. With regard to the second subparagraph, point (c), a review of barriers to the increase of cross-border capacity of the network arising from different approval procedures or practices may be annexed to the Union-wide network development plan. 2. ACER shall provide an opinion on the national hydrogen network development reports where relevant to assess their consistency with the Union-wide network development plan. If ACER identifies inconsistencies between a national hydrogen network development report and the Union-wide network development plan, it shall recommend amending the national hydrogen network development report or the Union-wide network development plan as appropriate. 3. When developing the Union-wide ten- year network development plan as referred to in Article 42, the ENNOH shall cooperate with the ENTSO for Electricity and with the ENTSO for Gas, in particular on the development of the energy system wide cost-benefit analysis and the interlinked energy market and network model including electricity, gas and hydrogen transport infrastructure as well as storage, LNG and hydrogen terminals and electrolysers referred to in Article 11 [TEN-E revision], the scenarios for the Ten-Year Network Development Plans referred to in Article 12 [TEN-E revision] and the infrastructure gaps identification referred to in Article 13 [TEN-E revision].Article 43 deleted hydrogen

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 44

~~The costs related to the activities of the ENNOH for Hydrogen referred to in~~ Articles 42 of this Regulation shall be borne by the hydrogen network operators and shall be taken into account in the calculation of tariffs. Regulatory authorities shall approve those costs only if they are reasonable and appropriate.4 deleted Costs

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

1. While preparing the proposals pursuant to the tasks referred to in Article 42, the ENNOH shall conduct an extensive consultation process at an early stage and in an open and transparent manner, involving all relevant market participants, and in particular the organisations representing all stakeholders, in accordance with the rules of procedure referred to in Article 40 of this Regulation. The consultation process shall accommodate stakeholder comments before the final adoption of the proposal, aiming at identifying the views and proposals of all relevant parties during the decision-making process. The consultation shall also involve regulatory authorities and other national authorities, producers, network users including customers, technical bodies and stakeholder platforms. 2. All documents and minutes of meetings related to the consultation shall be made public. 3. Before adopting the proposals referred to in Article 42 the ENNOH shall indicate how the observations received during the consultation have been taken into consideration. It shall provide reasons where observations have not been taken into account.Article 45 deleted Consultation

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 46

1. ACER shall monitor the execution of the tasks of the ENNOH referred to in Article 42 and report its findings to the Commission. 2. ACER shall monitor the implementation by the ENNOH of network codes and guidelines adopted by the Commission as laid down in Articles 54, 55, and 56. Where the ENNOH has failed to implement such network codes or guidelines, ACER shall request the ENNOH to provide a duly reasoned explanation as to why it has failed to do so. ACER shall inform the Commission of that explanation and provide its opinion thereon. 3. The ENNOH shall submit the draft Union-wide network development plan, the draft annual work programme, including the information regarding the consultation process, and the other documents referred to in Article 42 to ACER for its opinion. . Where it considers that the draft annual work programme or the draft Union-wide network development plan submitted by the ENNOH does not contribute to non- discrimination, effective competition, the efficient functioning of the market or a sufficient level of cross-border interconnection, ACER shall provide a duly reasoned opinion as well as recommendations to the ENNOH and to the Commission within two months of the submission of the programme or the plan.Article 46 deleted Monitoring by ACER

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 47

Regional cooperation of hydrogen 1. Hydrogen network operators shall establish regional cooperation within the ENNOH to contribute to the tasks referred to in Article 42. 2. Hydrogen network operators shall promote operational arrangements in order to ensure the optimum management of the network and shall ensure interoperability of the interconnected Union hydrogen system for facilitating commercial and operational cooperation between adjacent hydrogen network operators.Article 47 deleted network operators

2022/07/15
Committee: ITRE

Zdzisław KRASNODĘBSKI

4. In its request for information, the Commission shall state the legal basis of the request, the time limit within which the information is to be provided, the purpose of the request, justified reasons demonstrating how the information needed is necessary for the purposes enforcing this Regulation, and the penalties provided for in Article 59(2) for supplying incorrect, incomplete or misleading information.

2022/07/15
Committee: ITRE