41 Amendments of Martin HOJSÍK related to 2021/0425(COD)
Amendment 106 #
Proposal for a directive
Recital 5
Recital 5
(5) The Union has aims to cut greenhouse gas emissions and to promote modern, decentralised, 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 report on a comprehensive European approach to energy storage (2019/2189(INI)), which together set out how to update the energy markets, including the decarbonisation of gas markets. These initiatives also call for transitioning to a more decentralised 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, greater focus on energy storage solutions, 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, ensuring security of supply and a well- functioning internal market for gases, including for hydrogen. , and facilitating efficient and integrated energy systems.
Amendment 182 #
Proposal for a directive
Recital 34
Recital 34
(34) FIn some instances, final customers should alsomay 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, these customers should be able to participate in all natural gas markets byincluding local supply, providing ancillary services to the system, for instance through and 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 customers.
Amendment 187 #
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 facilitate the use of renewable gas in the natural gas system. In order to provide them winewable energy communities, pursuant to Directive (EU) 2018/2001, and citizen energy communities, under Directive (EU) 2019/944, can contribute to the production, storage and supply of renewable gas, helping to decarbonize the energy system. In particular, renewable energy communities can help contribute to the development of a local circular economy, particularly in rural regions. Where strict environmental standards, for instance to prevent meth an enabling framework, fair treatment, a level playing field e leakage, are respected, citizen energy communities cand a well-defined catalogue of rights and obligations should be laid down which generally reflects the membership structure, governance requirements and purpose of citizen energy communities in Directive (EU) 2019/944lso help consumers located further away from biogas production with the uptake of cleaner renewable gas offers. There is a need to provide a level playing field so that renewable gases, can be integrated into the natural gas system.
Amendment 191 #
Proposal for a directive
Recital 36
Recital 36
(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 arenewable energy communities and citizen 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 and citizen energy communities with activities in renewable gas 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 energy communities and individual members or shareholders need to be finstallations required for their activities, including installation, operation, data handling and maintenanceancially and economically independent from entities engaged in activities related to the energy community.
Amendment 252 #
Proposal for a directive
Recital 109
Recital 109
(109) Transmission system operators play an important role in ensuring cost effective investments in gas networks and that the Union’s climate and energy targets are met. 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. Network planning must be transparent and science based and allow relevant stakeholders to participate. To that effect, independent scientific bodies, such as the European Scientific Advisory Board on Climate Change, established under Regulation (EU) 2021/1119 should be empowered to give advice in network planning development. The network development plan should integrate energy systems and prioritise according to end uses and promote 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 254 #
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 principle16 into account, in particular, the expected consumption used for the joint scenario development, the prioritisation of demand-side solutions whenever they are more cost-effective than investments in infrastructure, and the direct electrification of end-use sectors. _________________ 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 267 #
Proposal for a directive
Recital 113 a (new)
Recital 113 a (new)
(113 a)Member States should introduce network development plans for distribution systems. These plans should support the regulatory authority in determining the need for expansion, upgrades or decommissioning of the network. These plans should in particular lay down a pathway that demonstrates the decommissioning of the gas networks for low temperature heating, such as the residential buildings sector, aiming at priority use for hydrogen for hard to abate sectors and to phase out the use of gas in the heating sector. These plans should be prepared following a process that is transparent and open to public consultation. The final plans should be made publicly available. The plans should be based on realistic and objective data on the foreseen demand and supply of gases and contribute to the achievement of the Union’s energy and climate targets. The network development plans for distribution systems should promote the energy efficiency first principle, energy system integration and energy storage and take into account the increased links between gas, electricity and heat networks as well as local heating and cooling plans.
Amendment 288 #
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 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 European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of the delegated acts. _________________ 20 OJ L 123, 12.5.2016, p. 1The Commission should ensure that all documents and other information submitted to the Commission in connection with its adoption of the delegated act are publicly available.
Amendment 296 #
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 of the natural gas system to an integrated system based on renewable and low-carbon gases.
Amendment 303 #
Proposal for a directive
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4 a. The rules established by this Directive shall promote energy system integration, contribute to the achievement of the Union’s climate and energy targets, and enables the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030, compared to 2015.
Amendment 314 #
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 70% compared to the fossil fuel comparator of 94g CO2eq/MJ set out in Directive (EU) 2018/2001, Annex V.C.19 and shall comply with requirements, including additionality requirements as addressed in the Commission Delegated Regulation supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council by establishing a Union methodology setting out detailed rules for the production of renewable liquid and gaseous transport fuels of non-biological origin. Biogas produced from food and feed-based crops and intermediate crops, as defined in Article 2, point (40) of Directive 2018/2001, and round wood including veneer, pulp logs, and stemwood shall not be considered renewable gas.
Amendment 457 #
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 promote energy system integration, 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, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030, compared to 2015
Amendment 458 #
Proposal for a directive
Article 5 – paragraph 5 b (new)
Article 5 – paragraph 5 b (new)
5 b. Member States shall consult relevant stakeholders when imposing or adopting a public service obligation or measure pursuant to this article. Without prejudice to other consultation or transparency provisions set forth in Union or the Member State’s laws, when engaging in such consultations the Member State shall comply with the following: a. The consultations shall take place at an early stage and in an open, inclusive and transparent manner, involving at least the following stakeholders: i. relevant market participants, ii. regulatory authorities and other relevant regional, local, urban and national authorities, iii. supply and production undertakings, iv. network users including consumer organisations, v. transmission system operators, vi. distribution system operators, vii. relevant industry associations and economic and social partners, including associations involved in electricity, gas and hydrogen markets, heating and cooling, independent aggregators, energy storage operators, demand-response operators and organisations involved in energy efficiency solutions, and viii. research organisations and universities, where applicable.
Amendment 463 #
Proposal for a directive
Article 5 – paragraph 5 c (new)
Article 5 – paragraph 5 c (new)
5 c. All documents and minutes of meetings related to the consultations shall be made publicly available.
Amendment 473 #
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 publicly available. 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 511 #
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, except for recycled carbon fuels as defined in Article 2 of Directive (EU) 2018/2001. No credit for avoided emissions is notshall be given for carbon dioxide the capture of which has already received an emission credit under other provisions of law. The methodology established in the [Delegated Act establishing a minimum threshold for greenhouse gas emissions savings of recycled carbon fuels and specifying a methodology for assessing greenhouse gas emissions savings from renewable liquid and gaseous transport fuels of non- biological origin and from recycled carbon fuels] shall be used.
Amendment 548 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that final customers are entitled to act as 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.
Amendment 562 #
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 forensure that renewable energy communities and citizen energy communities ensuring that:
Amendment 564 #
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 566 #
Proposal for a directive
Article 14 – paragraph 1 – point a a (new)
Article 14 – paragraph 1 – point a a (new)
(a a) 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 569 #
Proposal for a directive
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) entitle members or shareholders of a citizen energy community are entitled to leave the community, in which case Article 11 applies;
Amendment 583 #
Proposal for a directive
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. Member States may provide in the enabling regulatory framework that citizen energy communities:shall ensure that final customers, in particular household customers, are entitled to participate in a renewable energy community or citizen 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 citizen energy community, provided that for private undertakings, their participation does not constitute their primary commercial or professional activity.
Amendment 589 #
Proposal for a directive
Article 14 – paragraph 2 – point c
Article 14 – paragraph 2 – point c
Amendment 591 #
Proposal for a directive
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. Member States shall ensure that citizen energy communities:renewable energy communities and citizen energy communities engage in production, distribution, supply, consumption or storage of renewable gas. To this end, Member States shall ensure that renewable energy communities and citizen energy communities comply with applicable sustainability and greenhouse gas emissions savings criteria under Article 29 of Directive 2018/2001.
Amendment 772 #
Proposal for a directive
Article 51 – paragraph 1
Article 51 – paragraph 1
1. At least every two years , all 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 the public and all relevant stakeholders. There shall be at least one single network development plan per Member State. Infrastructure operators, including LNG terminal operators, storage operators, distribution system operators as well as hydrogen, district heating infrastructure and electricity operators shall be required to provide and exchange all relevant information to the transmission system operators required for developing the single plan. That 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 development plan, and the information which the transmission system operator considered in developing the ten-year network development plan, shall be published and accessible on a website .
Amendment 783 #
Proposal for a directive
Article 51 – paragraph 2 – point b
Article 51 – paragraph 2 – point b
(b) contain all the investments and demand-side solutions not requiring new infrastructure investments already decided, and identify new investments and demand-side solutions not requiring new infrastructure investments which have to be executed in the next three years;
Amendment 799 #
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 all demand-side solutions not requiring new infrastructure investments;
Amendment 805 #
Proposal for a directive
Article 51 – paragraph 2 – point e
Article 51 – paragraph 2 – point e
(e) be based on a joint scenario framework developeincorporating reasonable assumptions for the evolution of production, consumption and trade, and developed with input from all relevant stakeholders and between the relevant infrastructure operators, including relevant distribution system operators, of at least gas, hydrogen and electricity;
Amendment 817 #
Proposal for a directive
Article 51 – paragraph 3
Article 51 – paragraph 3
Amendment 829 #
Proposal for a directive
Article 51 – paragraph 4
Article 51 – paragraph 4
4. The regulatory authority shall consult all actual or potential system users, all relevant stakeholders, 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 particularcluding possible needs for investments., decommissioning of assets and demand-side solutions not requiring new infrastructure investments
Amendment 831 #
Proposal for a directive
Article 51 – paragraph 5 – introductory part
Article 51 – paragraph 5 – introductory part
5. The regulatory authority shall examine and publish a decision as to 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 shall require the transmission system operator to amend its ten-year network development plan. to resolve any identified inconsistencies with the considerations set forth in this paragraph. The competent national authorities shall examine and publish a report regarding the consistency of the ten-year network development plan with the national energy and climate plan and its updates, and with the integrated national energy climate reports and long- term strategies submitted in accordance with Regulation (EU) 2018/1999, the Union's climate and energy targets and the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030, compared to 2015. The European Scientific Advisory Board on Climate Change may review and give recommendations to amend the report. The transmission system operator shall amend its ten-year network development plan to resolve inconsistencies identified in the report, including as approved or amended
Amendment 854 #
Proposal for a directive
Article 51 – paragraph 8 a (new)
Article 51 – paragraph 8 a (new)
Amendment 864 #
1. Hydrogen network operators shall submit to the regulatory authority and make publicly available, at regular intervals as determined by that authority, an overview of the hydrogen network infrastructure they aim to develop. That overview shall in particular:
Amendment 875 #
Proposal for a directive
Article 52 – paragraph 1 – point c
Article 52 – paragraph 1 – point c
(c) promote energy system integration and the energy efficiency first principle, be in line with the integrated national energy and climate plan and its updates, and with the integrated national energy and climate reports and long-term strategies submitted in accordance with Regulation (EU) 2018/1999 and support the emissions reduction and climate- neutrality objectives set out in Articles 2(1) and 4(1) of Regulation (EU) 2021/1119.; and
Amendment 878 #
(c a) set forth forecasted supply and demand for hydrogen, identifying specifically forecasts for renewable hydrogen and for priority sectors only, notably in energy-intensive industry, sustainable aviation fuels, and shipping fuels where alternatives to direct electrification are not yet pursuable.
Amendment 884 #
Proposal for a directive
Article 52 a (new)
Article 52 a (new)
Amendment 975 #
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 citizen 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 to Article 52 and 53 of Gas Regulation, Regulation (EU) 20178/1938 and other relevant Union legislation, including as regards cross-border issues , as well as ACER’s decisions ;, and ensuring that the actions and operations of the foregoing entities promote the energy efficiency first principle and energy system integration, contribute to the prudent and rational utilisation of natural resources, contribute to the achievement of the Union’s climate and energy targets and enabling the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030,compared to 2015.
Amendment 982 #
Proposal for a directive
Article 72 – paragraph 1 – point j a (new)
Article 72 – paragraph 1 – point j a (new)
(j a) ensuring that all decision-making processes are independent, transparent, provide for public participation, ensure accountability, and are based on objective and scientific criteria
Amendment 1002 #
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 communities. renewable energy communities and citizen energy communities, and prevent misuse of energy communities by market participants.
Amendment 1017 #
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 in accordance with paragraph 8 of this Article. The European Scientific Advisory Board on Climate Change Commission may give an opinion to the Commission as to whether the Delegated act contributes to achieving the Union’s energy and climate targets.
Amendment 1020 #