40 Amendments of Sara SKYTTEDAL related to 2021/0425(COD)
Amendment 122 #
Proposal for a directive
Recital 8
Recital 8
(8) In line with the EU Hydrogen Strategy as well as EU REPowerEU Communication and Action Plan, renewable hydrogen is expected to be deployed on a large-scale from 2030 onwardsalready by 2030 for the purpose of increasing the flexibility of the electricity system, decarbonising certain sectors, ranging from aviation and shipping to hard-to-decarbonise industrial sectors as well as replacing Russian fossil fuels as swift as possible. All 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 customers are connected to the hydrogen network, e.g. 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, active customers and citizen energy communities do not apply to the hydrogen system.
Amendment 130 #
Proposal for a directive
Recital 9
Recital 9
(9) In line with the EU Hydrogen Strategy, the priority for the EU is to develop renewable hydrogen produced using mainly wind and solar energy. Renewable hydrogen is the mostand low carbon hydrogen are 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, renewable hydrogen production probably will not scale fast enough to meet the expected growth in demand for hydrogen in Europe. Therefore, low- carbon fuels (LCFs) such as low-carbon hydrogen (LCH) maywill play an important 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).
Amendment 133 #
Proposal for a directive
Recital 9
Recital 9
(9) In line with the EU Hydrogen Strategy, the priority for the EU is to develop renewable hydrogen produced using mainly wind and solar energy. Renewable hydrogen is the most 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) maywill 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).
Amendment 137 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) In line with the EU Hydrogen Strategy and REPowerEU Communication and Action Plan, setting an indicative greenhouse gas intensity reduction target for gas consumed in the Union will provide a clear investor framework and pathway for the upscaling of renewable and low carbon gases across the Union. It will provide predictability to customers, in particular in hard-to- decarbonise sectors, to make the necessary investments to transform their operations. It will also enabling different technologies to contribute towards the Union indicative target and the overall Union decarbonisation commitments on a level playing field.
Amendment 256 #
Proposal for a directive
Recital 110
Recital 110
(110) When developing the network development plan, it is important that infrastructure operators take the energy efficiency first and system efficiency principles16 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 292 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. The rules for natural gas, including LNG, established by this Directive shall also apply in a non- discriminatory way to biogas, biomethane and gas from biomass or other types of gas, insofar as such gases can technically and safely be injected into, and transported through, the natural gas system. The rules for natural gas established by this Directive also apply to hydrogen insofar as it is injected into the natural gas system.
Amendment 312 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) hydrogen’ means all gases from renewable or non-renewable sources, that primarily consist of dihydrogen;
Amendment 335 #
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘low-carbon hydrogen’ means hydrogen the energy content of which is derived from non-renewable, fossil-free sources, which meets a greenhouse gas emission reduction threshold of 70%;intermediate and cumulative GHG emission reduction targets, to ensure a full 100% GHG emission reduction threshold by 2040 the latest. The definition of ‘low-carbon hydrogen’ will therefore be limited to fossil-free hydrogen that demonstrates [70%] GHG emission reduction, [80%] by 2030, [90%] by 2035, and [100%] by 2040.
Amendment 349 #
Proposal for a directive
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘low-carbon fuels’ means recycled carbon fuels as defined in Article 2 of Directive (EU) 2018/2001, low-carbon hydrogen and synthetic gaseous and liquid fuels the energy content of which is derived from low-carbon hydrogen, which meet the greenhouse gas emission reduction threshold of 70%. that is equal to that of ‘low-carbon hydrogen’ in point (10) of this Article;
Amendment 365 #
Proposal for a directive
Article 2 – paragraph 1 – point 24 a (new)
Article 2 – paragraph 1 – point 24 a (new)
(24 a) ‘hydrogen supply undertaking’ means any natural or legal person who carries out the function of hydrogen supply;
Amendment 375 #
Proposal for a directive
Article 2 – paragraph 1 – point 53
Article 2 – paragraph 1 – point 53
(53) ‘entry-exit system’ means the aggregation of all transmission and distribution systems or all hydrogen networks to which one specific balancing regime applies;
Amendment 376 #
Proposal for a directive
Article 2 – paragraph 1 – point 54
Article 2 – paragraph 1 – point 54
(54) ‘balancing zone’ means an entry- exit system to which a specific balancing regime is appliescable and which may include distribution systems or part of them;
Amendment 378 #
Proposal for a directive
Article 2 – paragraph 1 – point 56
Article 2 – paragraph 1 – point 56
(56) ‘entry point’ means a point subject to booking procedures by network users or producers providing access to an entry-exit system., enabling gas flows in the entry- exit system;
Amendment 379 #
Proposal for a directive
Article 2 – paragraph 1 – point 57
Article 2 – paragraph 1 – point 57
(57) ‘exit point’ means a point subject to booking procedures by network users or final customers providing access to an entry-exit system, enabling gas flows out of the entry exit system .;
Amendment 417 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall ensure that energy undertakings are subject to transparent, proportionate and non- discriminatory rules, fees and treatment, in particular with respect to connection to the network, access to wholesale markets, access to data, switching processes and billing regimes and, where applicable, licensing.
Amendment 420 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3 a EU indicative greenhouse gas intensity reduction target of the 2030 gas supply 1. In order to promote the production of renewable and low carbon gaseous energy the European Commission shall define by 31 December 2023 by means of a Delegated Act, an indicative EU level target for the reduction of the greenhouse gas intensity of gas consumed in the EU by 2030 compared to 2018 level. The Delegated Act should also specify the methodology for calculating the achievement of the target. 2. When setting the indicative target, the Commission shall take into account the combined ambition of the Renewable Energy Directive and REPowerEU as well as requirements of security of supplies and quality requirements for cross-border transmission of natural gas. 3. Member States shall collectively aim at ensuring that the EU indicative greenhouse gas intensity reduction target is met and define by August 2024 their individual national contribution towards the achievement of the target in their National Energy and Climate Plan. 4. When setting their individual national contribution towards the EU level, Member States may do so, by mean of measures such as volumes, energy content or greenhouse gas emissions and shall establish differentiated sectorial approaches. They shall also take into account necessary quality requirements.
Amendment 479 #
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Member States shall ensure that authorisations under national law for the construction and operation of natural gas pipelines and other network assets used for the transport of natural gas shall apply also to pipelines and network assets for the transport ofatural gas infrastructure assets, including network assets, shall apply also to pipelines and other infrastructure assets, including network assets, for hydrogen.
Amendment 483 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Member States shall ensure that existing contractual land-use rights for the construction and operation of natural gas pipelines and other assets, including network assets, shall be understood as encompassing alsapplied to pipelines and other assets, including network assets, for the transport of hydrogen.
Amendment 497 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In order to ensure that the greenhouse gas emissions savings from the use of low carbon fuels and low carbon hydrogen are at least 70% in accordance with the definitions in Article 2, points (10) and (12) under Article 2, Member States shall require economic operators to show that this threshold and the requirements established in the methodology referred to in paragraph 5 of this Article have been complied with. For those purposes, they shall require economic operators to use a mass balance system in line with Article 30 (1) and (2) of Directive (EU) 2018/2001.
Amendment 501 #
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 2Article 2, points (10) and (12) and with the greenhouse gas emissions saving methodology 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 505 #
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 fuels are produced within the Union or are imported. Information about the geographic origin and feedstock type of low carbon fuels or low carbon hydrogen 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. Information on the level of the GHG emissions reduction achieved by the low-carbon hydrogen may be made available to consumers on the websites of operators, suppliers or the relevant competent authorities and may be updated on an annual basis.
Amendment 510 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. By 31 December 2024, 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 law. The greenhouse gas emissions average content of the electricity supplied to produce low-carbon fuels is assessed with data from transmission system operators and distribution system operators. The captured CO2 used to produce synthetic liquid and gaseous fuels, the energy content of which is derived from low carbon hydrogen, is accounted for as an emission reduction as long as the CO2 has not already received an emission credit under other provisions of law.
Amendment 513 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. By 31 December 2024month after the entry into force of this Directive, 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 law and that it is designed in a technology neutral manner, taking into consideration also a positive impact of carbon capture technologies.
Amendment 626 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Where final natural gas customers do not have smart meters, Member States shall ensure that, insofar as it is technically possible, financially reasonable and proportionate to the potential energy savings, final customers are provided with individual conventional meters that accurately measure their actual consumption.
Amendment 666 #
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
Amendment 667 #
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
Member States shall ensure the implementation of a system of negotiated or regulated third party access to hydrogen storage, and line pack when technically and/or economically necessary for providing efficient access to the system for the supply of customers, as well as for the organisation of access to ancillary services, based on published tariffs and applied objectively and without discrimination between any hydrogen system users. Member States shall ensure if there is not a contractual basis that those tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 72 by the regulatory authority.
Amendment 699 #
Proposal for a directive
Article 38 – paragraph 2 a (new)
Article 38 – paragraph 2 a (new)
2 a. For the purpose of swift implementation of grid connection of renewable gas production, including biomethane production, Member States shall ensure that: (a) the transmission system operator and the hydrogen network operator comply with time limits to assess the requests for injection of renewable gases, make an offer and implement the connection, with monitoring of the national regulatory authority in line with Article 72(t); (b) permitting procedures for the implementation of the connection are not hampered by lack of administrative capacity and that do not create a hurdle to the achievement of the national renewable energy target.
Amendment 716 #
Proposal for a directive
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
For the purpose of swift implementation of grid connection of renewable gas production, including biomethane production, Member States shall ensure that: a) the distribution system operator comply with time limits to assess the requests for injection of renewable gases, make an offer and implement the connection, with monitoring of the national regulatory authority in line with Article 72(t); b) permitting procedures for the implementation of the connection are not hampered by lack of administrative capacity and that do not create a hurdle to the achievement of the national renewable energy target.
Amendment 724 #
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
Amendment 758 #
Proposal for a directive
Article 49 – paragraph 3
Article 49 – paragraph 3
3. Such intergovernmental agreement may 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 or for accounting low-carbon hydrogen.
Amendment 781 #
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, including infrastructure developed by distribution system operators to enable reverse flows to the transmission network;
Amendment 793 #
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; andrepurposed for the transport of hydrogen;
Amendment 809 #
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, hydrogen and electricity;
Amendment 839 #
Proposal for a directive
Article 51 – paragraph 7 – introductory part
Article 51 – paragraph 7 – introductory part
7. In circumstances where the independenttransmission system operator or independthe hydrogent transmission network operator , other than for overriding reasons beyond its control, does not execute an investment, which, under the ten-year network development 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 841 #
Proposal for a directive
Article 51 – paragraph 7 – point a
Article 51 – paragraph 7 – point a
(a) to require the transmission system operator or the hydrogen transmission network operator to execute the investments in question;
Amendment 844 #
Proposal for a directive
Article 51 – paragraph 7 – point c
Article 51 – paragraph 7 – point c
(c) to oblige the transmission system operator or the hydrogen transmission network operator to accept a capital increase to finance the necessary investments and allow independent investors to participate in the capital.
Amendment 847 #
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 or the hydrogen transmission network operator to agree to one or more of the following:
Amendment 851 #
Proposal for a directive
Article 51 – paragraph 7 – subparagraph 2
Article 51 – paragraph 7 – subparagraph 2
The transmission system operator or the hydrogen transmission network 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 882 #
Proposal for a directive
Article 52 – paragraph 6
Article 52 – paragraph 6
6. Member States may decide to apply the requirements pursuant to Article 51 to hydrogen network operators. As from 1 January 2031 an integrated network development plan for gas and hydrogen pursuant to the process set out in Article 51 shall be mandatory for hydrogen transmission network operators and transmission system operators. If Member States opt for a system of regulated third party access to hydrogen networks in accordance with Article 31, the requirements pursuant to Article 51 shall apply immediately.
Amendment 1031 #
Proposal for a directive
Annex I – point 5 – paragraph 4
Annex I – point 5 – paragraph 4
The disclosure of the share of renewable and low-carbon gas purchased by the final customers shall be done by using guarantees of origin.