Activities of Klemen GROŠELJ related to 2021/0424(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the internal markets for renewable and natural gases and for hydrogen (recast)
Amendments (44)
Amendment 126 #
Proposal for a regulation
Recital 3
Recital 3
(3) The European Green Deal and the Climate law set the target for the EU to reduce its emissions by at least 55% compared to 1990 levels by 2030 and become climate neutral by 2050 in a manner that contributes to European competitiveness, growth and jobs. This Regulation should contribute to achieving these targets. For a decarbonised gas markets to be set up and contribute to the energy transition, significantly higher shares of renewable energy sources in an integrated energy system with an active participation of consumers in competitive markets are needed.
Amendment 128 #
Proposal for a regulation
Recital 4
Recital 4
(4) This Regulation aims to facilitate decarbonised, efficient and integrated energy systems consistent with the Commission’s energy system integration strategy and hydrogen strategy published in July 2020, and the Commission’s recommendation on the energy efficiency first principle published in September 2021. These initiatives call for transitioning to a more circular energy system with energy efficiency at its core, a 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, for end-use applications where electrification is not feasible, not efficient or have higher costs. Accordingly, the penetration of renewable and low- carbon gases into the energy system enabling a shift from fossil gas, and to allow these new gases to play an important role towards achieving the EU’s 2030 climate objectives and climate neutrality in 2050. The Regulation aims also to set up a regulatory framework that enables and incentivises all market participants to take the transitional role of fossil gas into account while planning their activities to avoid lock-in effects and ensure gradual and timely phase-out of fossil gas notably in all relevant industrial sectors and for heating purposes.
Amendment 133 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Regardless of the chosen production pathway, hydrogen production incurs significant energy conversion losses. Therefore, hydrogen should only be used for those applications where more energy-efficient alternatives are not yet available. This notably includes applications in so-called hard-to- decarbonise sectors, e.g. the production of sustainable aviation fuels and fuels for shipping, in steelmaking, and in the chemicals sector. Conversely, all efforts should be made to avoid the use of hydrogen for applications where more energy-efficient alternatives exist. This notably includes heating buildings, producing hot water for sanitary use, and low-grade heat for industrial processes.
Amendment 140 #
Proposal for a regulation
Recital 13
Recital 13
(13) Conditional capacity should only be offered when network operators are not able to offer firm capacity. Network operators should define the conditions for conditional capacity on the basis of operational constraints in a transparent and clear manner. The regulatory authority should ensure that the number and type of conditional capacity products is limited to avoid a fragmentation of the market and to ensure compliance with the principle of providing efficient third-party access.
Amendment 147 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to ensure greater transparency regarding the development of the gas transmission network in the Union , the ENTSO for Gas should draw up, publish and regularly update a non-binding Union -wide ten-year network development plan on the basis of a joint scenario and the interlinked model ( Union -wide network development plan). Viable gas transmission networks and necessary regional interconnections, relevant from a commercial or security of supply point of view, should be included in that network development plan. The Union-wide ten-year network development plan should be developed following a transparent process involving meaningful public consultation, and it shall be based on objective and scientific criteria. To that effect, the ENTSO for Gas should involve independent scientific bodies (such as the European Scientific Advisory Board on Climate Change, established under Regulation (EU) 2021/1119) in plan development. Viable gas transmission networks and necessary regional interconnections, relevant from a commercial or security of supply point of view, should be included in that network development plan. The network development plan should promote the energy efficiency first principle and energy system integration and contribute to the prudent and rational utilisation of natural resources and the achievement of the Union’s climate and energy targets.
Amendment 150 #
Proposal for a regulation
Recital 20
Recital 20
(20) Network users are to bear the responsibility of balancing their inputs against their off-takes with trading platforms established to better facilitate gas trade between network users. In order to better integrate renewable and low carbon gases within the entry-exit system, the balancing zone should also cover, to the extent possible, the distribution system level. The virtual trading point should be used to exchange gas between balancing accounts of network users.
Amendment 154 #
Proposal for a regulation
Recital 25
Recital 25
(25) Access to natural gas storage facilities and liquefied natural gas (LNG) facilities is insufficient in some Member States, and therefore the implementation of the existing rules needs to be improved , including as regardsin the transparency area. Such improvement should take into account the potential and uptake of renewable and low-carbon gases for these facilities in the internal market and demand-side solutions. Monitoring by the European Regulators' Group for Electricity and Gas concluded that the voluntary guidelines for good third-party access practice for storage system operators, agreed by all stakeholders at the Madrid Forum, are being insufficiently applied and therefore need to be made binding.
Amendment 171 #
(45) In order to amend non-essential elements of this Regulation and to supplement this Regulation in respect of non-essential elements of certain specific areas which are fundamental for market integration, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making6 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of 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. _________________ 6 OJ L 123, 12.5.2016, p. 1
Amendment 187 #
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
Amendment 190 #
Proposal for a regulation
Article 2 – paragraph 1 – point 30
Article 2 – paragraph 1 – point 30
(30) ‘entry-exit system’ means the aggregation of all transmission andsystems, which may be extended to distribution systems or parts of them, or all hydrogen networks to which one specific balancing regime applies;
Amendment 192 #
Proposal for a regulation
Article 2 – paragraph 1 – point 33
Article 2 – paragraph 1 – point 33
(33) ‘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 193 #
Proposal for a regulation
Article 2 – paragraph 1 – point 34
Article 2 – paragraph 1 – point 34
(34) ‘exit point’ means a point subject to booking procedures by network users or final customersproviding access to an entry-exit system, enabling gas flows out of the entry exit system;,
Amendment 209 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) market rules shall enable the decarbonisation of the natural gas and hydrogen systems, including by enabling the integration into the market of gases of gas from renewable energy sources and by providing incentives for energy efficiency, furthering the integration of energy systems, contributing to the prudent and rational utilisation of natural resources, facilitating the achievement of the Union’s climate and energy targets;
Amendment 212 #
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) market rules shall deliver appropriate investment incentives and incentives for interventions which do not require infrastructure investments where more efficient, in particular for long-term investments in a decarbonised and sustainable gas system, for energy storage, energy efficiency and demand response to meet market needs, and shall facilitate fair competition and security of supply. Market rules shall also avoid delivering investment incentives that lead to stranded assets;
Amendment 236 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. A Member State may allowshall not allow any form of financial transfers between regulated services that are separate as meant in in the first paragraph, provided that:.
Amendment 239 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
Amendment 243 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
Amendment 249 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
Amendment 255 #
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
Amendment 284 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. As of 1 jJanuary 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 StatesThe concerned regulatory authorities shall jointly agree on the tariff regime for access to hydrogen networks at interconnection points between Member States, including the possibility of avoiding the application of charges. In case they cannot reach an agreement, ACER shall decide on the tariff regime for access to hydrogen networks at interconnection points between the concerned Member States, following the process set out in Article 6(10) of Regulation (EU) 2019/942. 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.
Amendment 308 #
Proposal for a regulation
Article 16
Article 16
Amendment 346 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Paragraph 1 shall be without prejudice to the possibility for transmission system operators to develop alternatives to reverse flow investments, such as smart grid solutions or connection to other network operators. Firm access may only be limited to offer capacities subject to operational limitations, in order to ensure economic efficiency. The regulatory authority shall be responsible to review and approve the TSO’s conditions for conditional capacity and ensure that any limitations in firm capacity or operational limitations are introduced on the basis of transparent and non-discriminatory procedures and do not create undue barriers to market entry. Where the production facility bears the costs related to ensuring firm capacity, no limitation shall apply.
Amendment 361 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The concerned regulatory authorities shall take a joint coordinated decision for removing the recognised restriction, taking into account or for granting or prolonging a temporary exemption, to be reviewed every four years, based on the cost benefit analysis prepared by the concerned transmission system operators and the results of the public consultation within six months as set out in Article 6(10) of Regulation (EU) 2019/942.
Amendment 366 #
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. Where the relevant regulatory authorities cannot take a joint coordinated decisions as referred to in paragraphs 6 and 7, ACER shall decide on the solution to remove the recognised restriction and on the allocation of the investment costs to be borne by each transmission system operator for implementing the agreed solution or to grant or prolong a temporary exemption, to be reviewed every four years, following the process set out in Article 6(10) of Regulation (EU) 2019/942.
Amendment 367 #
Proposal for a regulation
Article 19 – paragraph 11
Article 19 – paragraph 11
11. Further details required to implement elements of this Article, including details on the cost benefit analysis and on a common binding natural gas quality specification for cross- border natural gas interconnectors, shall be set in a network code established on the basis of Article 53 of this Regulation.
Amendment 373 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Transmission system operators shall accept gas flows with a hydrogen content of up to 52% by volume at interconnection points between Union Member States in the natural gas system from 1 October 2025, subject to the procedure described in Article 19 of this Regulation.
Amendment 375 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. When the hydrogen content blended in the natural gas system exceeds 52% by volume, the process described in Article 19 of this Regulation shall not apply.
Amendment 385 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The ENTSO shall publish and submit to the Commission and to ACER the draft statutes, a list of members and draft rules of procedure, including the rules of procedures on the consultation of other stakeholders, of the ENTSO for Gas in case of changes of those documents or upon a reasoned request of the Commission or ACER . The draft updated rules of procedure shall ensure balanced representation of all participating transmission system operators, including those solely owning or operating natural gas systems, as well as transparency in the functioning of the ENTSO for Gas, including publication of meeting agendas and full meeting minutes of external and internal meetings.
Amendment 416 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The Union-wide network development plan referred to in paragraph 3, point (b), shall include the modelling of the integrated network, including hydrogen networks, scenario development, a European supply adequacy outlook and an assessment of the resilience of the system. The plan shall promote the energy efficiency first principle and energy system integration, contribute to the prudent and rational utilisation of natural resources and to achieving the Union’s climate and energy targets.
Amendment 421 #
Proposal for a regulation
Article 23 – paragraph 6 – point m a (new)
Article 23 – paragraph 6 – point m a (new)
(m a) energy efficiency taking into account sector integration and priority of electrification;
Amendment 424 #
Proposal for a regulation
Article 23 – paragraph 10
Article 23 – paragraph 10
10. ACER shall review national ten- year network development plans to assess their consistency with the Union -wide network development plan. If ACER identifies inconsistencies between a national ten-year network development plan and the Union -wide network development plan, it shall recommend amending the national ten-year network development plan or the Union -wide network development plan as appropriate. If such national ten-year network development plan is elaborated in accordance with Article 51 of [recast Directive as proposed in COM(2021) xxx] , ACER shall recommend that the competent regulatory authority amend the national ten-year network development plan in accordance with Article 51(5) of that Directive and inform the Commission thereof. The Union-wide network development plan and the national ten- year network development plan shall be amended in accordance with ACER’s recommendations.
Amendment 452 #
Proposal for a regulation
Article 29 – paragraph 2 – point c a (new)
Article 29 – paragraph 2 – point c a (new)
(c a) projects included in the development plan should be subject to a cost-benefit analysis that is consistent and compatible, in terms of benefits and costs, with the methodologies developed under Article 11 of the revised TEN-E Regulation;
Amendment 523 #
Proposal for a regulation
Article 39 – paragraph 6
Article 39 – paragraph 6
6. The concerned regulatory authorities shall take a joint coordinated decision for removing the recognised restriction, taking into account or for granting or prolonging a temporary exemption, to be reviewed every four years, based on the cost- benefit analysis prepared by the concerned transmission system operators and the results of the public consultation within six months as set out in Article 6(10) of Regulation (EU) 2019/942.
Amendment 524 #
Proposal for a regulation
Article 39 – paragraph 10
Article 39 – paragraph 10
10. Where the relevant regulatory authorities cannot take a joint coordinated decisions as referred to in paragraphs 6 and 7 of this Article, ACER shall decide on the solution to remove the recognised restriction and on the allocation of the investment costs to be borne by each system operator for implementing the agreed solution or to grant or prolong a temporary exemption, to be reviewed every four years, following the process set out in Article 6(10) of Regulation (EU) 2019/942.
Amendment 578 #
Proposal for a regulation
Article 46 – paragraph 3 – introductory part
Article 46 – paragraph 3 – introductory part
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. When received from ENNOH, ACER shall submit the draft Union-wide network development plan and the draft annual work programme to the European Scientific Advisory Board on Climate Change, which shall publish an independent analysis and opinion regarding their consistency with the Union’s climate and energy targets.
Amendment 579 #
Proposal for a regulation
Article 46 – paragraph 3 – subparagraph 1
Article 46 – paragraph 3 – subparagraph 1
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. The programme and plan shall be amended consistent with ACER’s opinion and recommendations.
Amendment 625 #
Proposal for a regulation
Article 67 – paragraph 1 – point 2
Article 67 – paragraph 1 – point 2
Regulation (EU) 2017/1938
Article 2 – point 28
Article 2 – point 28
(28) ‘strategic stock’ means gas purchased, managed and stored or held in storage by contract by transmission system operators or any other eligible entity exclusively for carrying out their functions asof transmission system operators and for the purpose of security of supply. Gas stored as part of a strategic stock shall be dispatched only where required to keep the system in operation under secure and reliable conditions in line with Article 35 [recast Gas Directive as proposed in COM(2021) xxx] or in case of a declared emergency under Article 11 of Regulation (EU) 2017/1938 of the European Parliament and of the Council and can otherwise not be sold on wholesale gas markets;’
Amendment 636 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7b – paragraph 3 – point a
Article 7b – paragraph 3 – point a
a) obliging gas storage users to store a minimum volume of gas in underground storage, where not fulfilling this obligation may lead to reallocating corresponding capacity during the filling period.
Amendment 637 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7b – paragraph 3 – point c
Article 7b – paragraph 3 – point c
c) obliging a transmission system operator or an entity designated by the Member State to purchase and manage strategic stocks of gas,
Amendment 641 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7b – paragraph 3 – subparagraph 2
Article 7b – paragraph 3 – subparagraph 2
Such measures shall apply to any storage facility, including storage sites controlled by third-country entities and be subject to consultation in the relevant risk group, in particular on how the measures address the risks identified in the common risk assessment.
Amendment 642 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7b – paragraph 4
Article 7b – paragraph 4
4. The measures adopted pursuant to Article 7a and paragraph 3 of this Article shall be necessary, clearly defined, transparent, proportionate, non- discriminatory and verifiable, and shall not unduly distort competition or the effective functioning of the internal market in gas or endanger the security of gas supply of other Member States or of the Union. The measures should be without prejudice to national security of supply rules which include gas stocks. The measures shall not block or restrict cross- border capacities allocated in line with the provisions of Commission Regulation (EU) 2017/459.
Amendment 648 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7d – paragraph 1
Article 7d – paragraph 1
1. Member States may set up a mechanism for the joint procurement of strategic stocks by transmission system operators or an entity designated by the Member State as part of the preventive measures to ensure security of supply.
Amendment 651 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7d – paragraph 1 – subparagraph 3
Article 7d – paragraph 1 – subparagraph 3
The mechanism shall be open to participation of all transmission system operators or an entity designated by the Member State within the Union who wish to join after its establishment.
Amendment 654 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7d – paragraph 2
Article 7d – paragraph 2
2. The participating Member States shall notify their intention to establish such mechanism to the Commission. The notification shall include the information necessary to assess the compliance with this Regulation, such as the volume of gas to be purchased, the duration of the measure, the participating transmission system operators or an entity designated by the Member State, the governance arrangements, the operating procedures and conditions for activation in an emergency situation. It shall also specify the costs and benefits expected.