Activities of Grzegorz TOBISZOWSKI 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 (43)
Amendment 213 #
Proposal for a directive
Recital 68
Recital 68
(68) Whereas the joint operation of hydrogen networks and gas or electricity grids can create synergies and should thus be allowed, activities of hydrogen network operation should be organised in a separate legal entityaccounts in order to ensure transparency regarding financing and the use of access tariffs.
Amendment 218 #
Proposal for a directive
Recital 70
Recital 70
(70) In order to ensure transparency with regard to the costs and financing of regulated activities, activities of hydrogen network operation should be separated from other network operation activities for other energy carriers at least in relation to the legal form and accounts of network operators.
Amendment 237 #
Proposal for a directive
Recital 100 a (new)
Recital 100 a (new)
(100 a)To enable and foster decarbonisation, regardless of their unbundling models, the transmission system operators are also well placed to invest in decarbonisation technologies and innovate projects enabling sectors integration, such as power-to-gas. To deliver these services at a reasonable cost and in a timely manner, the transmission system operators and hydrogen network operators should be allowed to invest in these technologies. The compensation for such services may - where applicable – happen under a tolling arrangement, a customer pays a toll to – in the case of power-to-gas – feed electricity into the facility and receive hydrogen (or synthetic gas if a methanation step is added to the process) in return. The facility owner would only provide a service and would not engage in trading or supplying those commodities. In order to accelerate decarbonisation new technologies need to be tested, scaled-up and implemented swiftly. In this context, the transmission system operators can add significant value using existing resources and experience regarding market design and functioning (know-how, companies already active that could diversify quicker than a newly established company). This sharing of the investment risks between the users and the operator via a tolling model will allow smaller market participants to enter the considered new market.
Amendment 244 #
Proposal for a directive
Recital 103 a (new)
Recital 103 a (new)
(103 a) Regulatory authorities should be able to fix or approve charges for accessing and using facilities serving decarbonisation-related activities under a tolling model, or the methodologies underlying the calculation of the charges, on the basis of a proposal by a transmission system operator or a hydrogen network operator, or on the basis of a proposal by those operator(s). In carrying out those tasks, national regulatory authorities should ensure that charges are non-discriminatory.
Amendment 276 #
Proposal for a directive
Recital 119
Recital 119
(119) It is necessary to progress towards interconnected hydrogen markets in the Union and thereby facilitate investments in cross-border hydrogen infrastructure. Under the regulated third-party access regime, in the absence of cross-border transportation tariffs after 31 December 2030 a system of financial compensationincentives should be provide financial incentivesd for market participants to develop cross-border interconnectors.
Amendment 331 #
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6 a) ‘hydrogen storage operator’ means a natural or legal person who carries out the function of storage of hydrogen of a high-grade purity and is responsible for operating a hydrogen storage facility;
Amendment 333 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8 a) ‘hydrogen terminal operator’ means a natural or legal person who carries out the function of transformation of liquid hydrogen or liquid ammonia into gaseous hydrogen for injection into the hydrogen network or the liquefaction of gaseous hydrogen and is responsible for operating a hydrogen terminal;
Amendment 367 #
Proposal for a directive
Article 2 – paragraph 1 – point 30 a (new)
Article 2 – paragraph 1 – point 30 a (new)
(30 a) 'tolling model' means a business model where a user gains access to use a facility bymeans of payment of a tolling fee to the facilities owner or operator;
Amendment 374 #
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 to which one specific balancing regime appliean access model for natural gas or hydrogen networks where network users can book capacity rights independently at entry and exit points;
Amendment 377 #
Proposal for a directive
Article 2 – paragraph 1 – point 55
Article 2 – paragraph 1 – point 55
(55) ‘virtual trading point’ means a non- physical commercial point within an entry- exit system where gases are exchanged between a seller and a buyer without the need to book transmission or distribution capacity.
Amendment 429 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, Member States may apply public interventions in the price setting for the supply of natural gas to energy poor or vulnerable household customers or protected customers as defined in Regulation (EU) 2017/1938. Such public interventions shall be subject to the conditions set out in paragraphs 4 and 5.
Amendment 432 #
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3 a. In the event of unprecedented price increase, interventions that comply with the criteria set out in paragraphs 4 and 5 could be expanded to other limited number of customer groups in order to avoid significant impact on the society.
Amendment 466 #
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 consistency of their legal, regulatory and technical framework and facilitate integration of the isolated systems forming gas islands that persist in the Union . 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 levelare relevant for the regional integration of markets for gases, it shall provide appropriate non-binding guidance taking into account the specificities of these markets and the impact on neighbouring markets.
Amendment 480 #
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 gaatural gas infrastructure assets shall apply also to pipelines and network assets for the transport ofother infrastructure assets for hydrogen.
Amendment 481 #
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 network assets shall be understood as encompassing alsalso applied to pipelines and other network assets for the transport of hydrogen.
Amendment 515 #
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 and that it is designed in a technology neutral manner, taking into consideration in particular a positive impact of carbon capture technologies.
Amendment 535 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that all final customers are entitled to have gases provided by a supplier, subject to the supplier's agreement, regardless of the Member State in which the supplier is registered, provided that the supplier follows the applicable trading and balancing rules, and any required authorisations compliant with Article 7(2) are granted by national regulatory authority in the Member the gas is supplied. In that regard, Member States shall take all measures necessary to ensure that administrative procedures do not discriminate against suppliers already registered in another Member State.
Amendment 538 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Customers shall have the right to switch gases suppliers or market participants. Member States shall ensure that a customer wishing to switch suppliers or market participants, while respecting contractual conditions, is entitled to such a switch within a maximum of three weeks from the date of the request. By 2026 at the latest, the technical process of switching supplier or market participant shall take no longer than 24 hours and shall be possible on any working day.
Amendment 540 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Such fees shall be proportionate and shall not exceed the direct economic loss to the supplier or the market participant resulting from the customer's termination of the contract, including the costs of any bundled investments or services that have already been provided to the customer as part of the contract. The burden of proving the direct economic loss shall be on the supplier or market participant. The permissibility of contract termination fees shall be monitored by the regulatory authority, or by another competent national authority.
Amendment 644 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States shall ensure the implementation of a system of third party access to the transmission and distribution system, and LNG facilities based on published tariffs, applicable to all customers, including supply undertakings, and applied objectively and without discrimination between system users. Member States shall ensure that those tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 72 by a regulatory authority referred to in Article 70 and that those tariffs — and the methodologies, where only methodologies are approved — are published prior to their entry into force. Tariff discounts can be granted only if so provided by Union legislation.
Amendment 649 #
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 2049 .
Amendment 669 #
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Natural gas and hydrogen undertakings may refuse access or connection to the natural gas or hydrogen system on the basis of lack of capacity or where the access to the system would prevent them from carrying out the public service obligations referred to in Article 5(2) which are assigned to them. Duly substantiated reasons shall be given for any such a refusal.
Amendment 680 #
Proposal for a directive
Article 35 – paragraph 4
Article 35 – paragraph 4
4. Transmission system operators shall ensure efficient gas quality management in their facilities in line with applicable gas quality standards. In particular, transmission system operators may construct and operate facilities for hydrogen blending and de-blending and provide the necessary services for the operation of such facilities to efficiently manage gas quality.
Amendment 682 #
Proposal for a directive
Article 35 – paragraph 7
Article 35 – paragraph 7
Amendment 684 #
Proposal for a directive
Article 35 – paragraph 8
Article 35 – paragraph 8
8. The transmission system operator shall fulfil the requirements provided for in Chapter IX and be certified in accordance with Article 57. This shall be without prejudice to the possibility for transmission system operators which are certified under the ownership unbundling, the independent system operator or the independent transmission system operator model are entitled to delegate, on their own initiative and under their supervision, certain tasks to other transmission system operators which are certified under the ownership unbundling, the independent system operator or the independent transmission system operator model, where the delegation of tasks does not endanger the effective and independent decision-making rights of the delegating transmission system operator.
Amendment 687 #
Proposal for a directive
Article 35 – paragraph 10 a (new)
Article 35 – paragraph 10 a (new)
10 a. Each Transmission System Operator shall be entitled to engage in decarbonisation related activities, using a tolling model and under the supervision of the regulatory authority.
Amendment 691 #
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Without prejudice to Article 68 or any other legal duty to disclose information, each transmission, storage or LNG system operator, and each transmission system owner, shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities, and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. In particular, if the transmission, storage or LNG system operator, or transmission system owner is part of a vertically integrated undertaking, it shall not disclose any commercially sensitive information to the remaining parts of the undertaking, unless this is necessary for carrying out a business transaction. In order to ensure the full respect of the rules on information unbundling, Member States shall ensure that the transmission system owner including, in the case of a combined operator, the distribution system operator, and the remaining part of the vertically integrated undertaking do not use joint services, such as joint legal services, apart from purely administrative or IT functions.
Amendment 725 #
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
Article 44 (1) shall not prevent the operation of a combined transmission, LNG, storage and, distribution system operator provided that the operator complies with Article 54 (1), or Articles 55 and 56, or, hydrogen network, hydrogen terminal or hydrogen storage operator provided that the operator complies with Chapter IX .
Amendment 739 #
Proposal for a directive
Article 46 – paragraph 3 a (new)
Article 46 – paragraph 3 a (new)
3 a. Each Hydrogen Network Operator shall be entitled to engage in decarbonisation related activities, using a tolling model and under the supervision of the regulatory authority.
Amendment 743 #
Proposal for a directive
Article 46 – paragraph 3 b (new)
Article 46 – paragraph 3 b (new)
3 b. Hydrogen network operators which are certified according to Article 62 are entitled to delegate, on their own initiative and under their supervision, certain tasks to other hydrogen network operators which are certified according to Article 62, where the delegation of tasks does not endanger the effective and independent decision-making rights of the delegating Hydrogen Network Operator.
Amendment 754 #
Proposal for a directive
Article 48 – paragraph 2 a (new)
Article 48 – paragraph 2 a (new)
2 a. Member States may provide for regulatory authorities to grant a derogation from Article 31 for hydrogen networks which transport hydrogen from one entry point to a limited number of exit points within a geographically confined, industrial or commercial area.
Amendment 755 #
Proposal for a directive
Article 48 – paragraph 2 b (new)
Article 48 – paragraph 2 b (new)
2 b. The derogations under paragraph 3 shall apply at least until 31 December 2030 and the rules for negotiated third party access from Article 31 para 4 and 5 should be applied accordingly.
Amendment 760 #
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 astransported hydrogen as low carbon or renewable hydrogen.
Amendment 766 #
Proposal for a directive
Article 50 – paragraph 1
Article 50 – paragraph 1
1. Without prejudice to legal duties to disclose information, each operator of a hydrogen network, hydrogen storage facility or hydrogen terminal, and each owner of a hydrogen network, shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities, and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. In particular, if the operator of a hydrogen network, hydrogen storage facility or hydrogen terminal, or the owner of a hydrogen network is part of a vertically integrated undertaking, it shall not disclose any commercially sensitive information to the remaining parts of the vertically integrated undertaking, unless this is necessary for carrying out a business transaction.
Amendment 825 #
Proposal for a directive
Article 51 – paragraph 3
Article 51 – paragraph 3
3. When elaborating the ten-year network development plan, the transmission system operator shall fully take into account the views of all operators providing input to the development plan. The transmission system operator shall fully take into account the potential for alternatives to system expansion, for instance the use of demand response, 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 operator shall assess how to address, where possible, a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets .
Amendment 858 #
Proposal for a directive
Article 51 a (new)
Article 51 a (new)
Article 51 a Decommissiong of inactive pipelines 1. In case where an interconnector or hydrogen interconnector between a Member State and a third country located in the territorial sea is not commercially used for supplies for 36 months, the Commission shall conduct an analysis of the functioning of that interconnector or hydrogen interconnector with a view of adopting an opinion on decommissioning of that infrastructure. For the purpose of this analysis, the Commission may request the opinion of the ACER and ENTSO for Gas. 2. The assessment concerning decommissioning shall take into account the availability of alternative zero emission energy sources, impact on security of supplies to Member States and European Union and the environmental impact of the inactive interconnector or hydrogen interconnector between a Member State and a third country located in the territorial sea. 3. The Commission shall adopt an opinion on the decommissioning of an inactive interconnector or hydrogen interconnector between a Member State and a third country located in the territorial sea within 120working days. 4. The national regulatory authority shall adopt final decision concerning decommissioning fully in line with the opinion presented by the Commission within 120 working days from adoption of the opinion by the Commission. 5. In case where the interconnector or hydrogen interconnector between a Member State and a third country located in the territorial sea is subject to certification as provided in art. 65 or 66 or derogation procedure as provided in art. 81, the 36 months period defined in paragraph 1 shall begin on the day of the first request submitted to national regulatory authority concerning certification or derogation procedure.
Amendment 891 #
Amendment 896 #
Proposal for a directive
Article 53 – paragraph 6
Article 53 – paragraph 6
Amendment 898 #
Proposal for a directive
Article 53 – paragraph 7
Article 53 – paragraph 7
Amendment 901 #
Proposal for a directive
Article 53 – paragraph 8
Article 53 – paragraph 8
Amendment 904 #
Proposal for a directive
Article 53 – paragraph 9
Article 53 – paragraph 9
Amendment 942 #
Proposal for a directive
Article 63 – paragraph 1
Article 63 – paragraph 1
Amendment 1011 #
Proposal for a directive
Article 74 – paragraph 6 a (new)
Article 74 – paragraph 6 a (new)
6 a. Regulatory authorities shall cooperate with transmission system operators and with ENTSOG for the purpose of sharing information in case of suspect breach of a legal obligation in accordance with Article 2 of Regulation (EU) 312/2014.