80 Amendments of Angelika NIEBLER related to 2021/0425(COD)
Amendment 121 #
Proposal for a directive
Recital 8
Recital 8
(8) In line with the EU Hydrogen Strategy and the EU REPowerEU Communication and Action Plan, renewable hydrogen is expected to be deployed on a large-scale from 2030 onwards for the purpose of decarbonising certain sectors, ranging from aviation and shipping to hard-to-decarbonise industrial sectors. 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 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 168 #
Proposal for a directive
Recital 24
Recital 24
(24) The switch from fossil gas to renewable alternatives will concretise if energy from renewable sources becomes an attractive, non-discriminatory choice for consumers based on truly transparent information where the transition costs are fairly distributed among different groups of consumers and market players. Where final customers are required to switch fuels, it should be accompanied by measures that reduce adverse effects on final customers, especially vulnerable customers and people affected by or at risk of energy poverty, as well as measures that mitigate and resolve inequalities resulting from the energy transition.
Amendment 235 #
Proposal for a directive
Recital 97
Recital 97
(97) Producers of renewable and low- carbon gases are often connected to the distribution grid. To facilitate their uptake and market integration, it is essential that they obtain unhindered access to the wholesale market and the relevant virtual trading points. Participation in the wholesale market is determined by the way in which the entry-exit systems are defined. In several Member States, producers connected to the distribution grid are not part of the entry-exit system. Therefore, the access of renewable and low-carbon gases to the wholesale market should be facilitated by providing a definition of an entry-exit system and ultimately ensuring that production facilities connected to the distribution system arcan be part of it. In addition, Regulation [the recast Gas regulation as proposed in COM(2021)xxx] provides that distribution system operators and transmission system operates are to work together to enable reverse flows from the distribution to the transmission network or alternative means to facilitate the market integration of renewable and low carbon gases.
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 258 #
Proposal for a directive
Recital 110
Recital 110
(110) When developing the network development plan, it is important that infrastructuresystem operators take the energy efficiency first principle16 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 261 #
Proposal for a directive
Recital 111
Recital 111
(111) The energy system integration strategy points out the importance of the coordinated planning and operation of the energy system in achieving the decarbonisation objectives. Therefore it is necessary to draw up a network development plan the basedis onf a joint scenario developed on a cross-sectoral basin efficient of an efficient and coordinated approach between sectors. While still keeping separate sectorial plans, infrastructure operators should work towards a higher level of integration taking into account system needs beyond specific energy carriers.
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 358 #
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘hydrogen network’ means a network of pipelines, both onshore and offshore, used for the transport of hydrogen of a high grade of purity with a view to its delivery to customers, but not including 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 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 393 #
Proposal for a directive
Article 2 – paragraph 1 – point 71
Article 2 – paragraph 1 – point 71
(71) ‘active customer’ means a final natural gases customer, or a group of jointly acting final natural gases customers, who consumes or stores renewable gas, produced within its premises located within confined boundaries or, where permitted by a Member State, within other premises, or who sells self-produced renewable gas using the natural gas system, or participates in energy efficiency schemes, provided that those activities do not constitute its primary commercial or professional activity;
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 428 #
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. 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 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 490 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Renewable gases shall be certified in accordance with Article 29 and 30 of Directive (EU) 2018/2001. To this end, Member States shall ensure that a guarantee of origin is issued upon request from a producer of renewable gases and entails the minimum information provided in paragraph 7 of Article 19 of Directive (EU)2018/2001.
Amendment 491 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. In single mass balance systems, there should be no physical tracking of the molecules for renewable and low carbon fuels. The EU interconnected gas infrastructure shall be regarded as a single mass balance system. Closed infrastructures shall be considered as separate single mass balance systems.
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 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 529 #
Proposal for a directive
Article 8 – paragraph 10
Article 8 – paragraph 10
10. Member States shall also require the relevant economic operators to enter into the Union database information on the transactions made and the sustainability characteristics of low carbon fuels in line with the requirements established in Article 28 of Directive (EU) 2018/2001. Upon injection into the interconnected infrastructure, reporting in the Union Database should be limited to information about the injection/withdrawal of gases. The Union Database shall be set up by 202X. Before that date, and until the Union Database is operational, economic operators shall have the possibility to use national registries/systems as long as they are reported to the EU Commission.
Amendment 536 #
Proposal for a directive
Article 10 – paragraph 10
Article 10 – paragraph 10
10. Suppliers shall provide natural gases household customers with adequate information on alternative measures to disconnection sufficiently in advance of any planned disconnection. Such alternative measures may incluse information about sources of support to avoid disconnection, prepayment systems, energy audits, energy consultancy services, alternative payment plans, debt management advice or disconnection moratoria and shall not entail an extra cost to the customers facing disconnection.
Amendment 542 #
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11 a Fuel switch 1. Where governments or local heating and cooling plans laid out in Article 52a require final customers to switch from individual fossil fuel heating installations to alternative individual heat sources or district heating, Member States shall ensure that final customers are fully informed by the initiating organisation of any fuel switches, and shall ensure that the initiating organisation provides that information sufficiently in advance of any planned switch. 2. The initiating organisation shall provide final customers with a roadmap for the transfer from individual fossil fuel heating installations to alternative individual heat sources or district heating, including the procedure and the relevant timeline. 3. Member States shall ensure that final customers receive information on options to prepare or adapt their homes and on any support available to manage the costs associated with the planned fuel switch or a district heating connection. 4. Discrimination and cross-subsidisation between different categories of customers and between energy carriers shall be avoided when carrying out a fuel switch or a district heating connection. 5. Member States shall ensure that measures are put in place to mitigate and resolve any inequities resulting from policies to decarbonise the energy system. 6. Member States shall take all measures necessary to ensure that fuel switches or a district heating connections implemented pursuant to this Article have no adverse effect on final customers, vulnerable customers, people affected by or at risk of energy poverty and people living in social housing. Where applicable, Member States shall make the best possible use of funding, including public funding and funding facilities established at Union level, with the aim of removing adverse effects and ensuring a just and inclusive energy transition.
Amendment 544 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Member States shall ensure that at least natural gas household customers, and microenterprises, have access, free of charge, to at least one tool comparing the offers of suppliers, including bundled offers. Customers shall be informed of the availability of such tools in or together with their bills or by other means. The tools shall meet at least the following requirements:
Amendment 545 #
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) they shall be independent from market participants and ensure that gas and hydrogen undertakings are given equal treatment in search results;
Amendment 546 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Member States shall ensure that at least one tool covers the entire natural gases market. Where multiple tools cover the market, those tools shall include, as complete as practicable, a range of gas offers covering a significant part of the market and, where those tools do not completely cover the market, a clear statement to that effect, before displaying results.
Amendment 549 #
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) entitled to sell self-produced renewable natural gases using the natural gas system and renewable hydrogen using the hydrogen system,
Amendment 555 #
Proposal for a directive
Article 13 – paragraph 2 – point f
Article 13 – paragraph 2 – point f
(f) are financially responsible for the imbalances they cause in the natural gas system or respectively in the hydrogen system shall delegate their balancing responsibility in accordance with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx].
Amendment 576 #
Proposal for a directive
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) subject to fair compensation as assessed by the regulatory authority, relevant distribution system operators cooperate with citizen energy communities to facilitate transfers of renewable natural gases within citizen energy communities;
Amendment 578 #
Proposal for a directive
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) citizen energy communities are subject to non-discriminatory, fair, proportionate and transparent procedures and charges, including with respect to grid connection, registration and licensing, and to transparent, non-discriminatory and cost-reflective network charges, ensuring that they contribute in an adequate and balanced way to the overall cost sharing of the natural gas system or the hydrogen system.
Amendment 594 #
Proposal for a directive
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) are able to access all natural gas and hydrogen markets in a non- discriminatory manner;
Amendment 606 #
Proposal for a directive
Article 14 – paragraph 4 – subparagraph 1 – point a
Article 14 – paragraph 4 – subparagraph 1 – point a
(a) are allowed to transport non- renewable gases where such gas ises are for a natural gas or hydrogen customer who is not a member of the citizen energy community or is necessary for secure system operation;
Amendment 607 #
Proposal for a directive
Article 14 – paragraph 4 – subparagraph 1 – point b
Article 14 – paragraph 4 – subparagraph 1 – point b
(b) are entitled to conclude an agreement on the operation of their network with the relevant distribution system operator or transmission system operator or hydrogen network operator to which their network is connected;
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 639 #
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
Amendment 646 #
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 so by Union or Member States' legislation.
Amendment 659 #
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Member States shall ensure the implementation of a system of regulated third party access to hydrogen networks based on published tariffs and maintain quality standards for hydrogen. Access shall be applied objectively and without discrimination between any hydrogen network users.
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 681 #
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 to meet the quality requirements of different end- use applications.
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 721 #
Proposal for a directive
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Where the distribution system operator or the hydrogen distribution network is part of a vertically integrated undertaking, it shall be independent at least in terms of its legal form, organisation and decision making from other activities not relating to distribution or transmission. Those rules shall not create an obligation to separate the ownership of assets of the distribution system from the vertically integrated undertaking.
Amendment 724 #
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
Amendment 728 #
Proposal for a directive
Article 46 – paragraph 1 – point d
Article 46 – paragraph 1 – point d
(d) providing to the operator of other networks or systems with which its system is interconnected sufficient information, including on hydrogen quality, to ensure the secure and efficient operation, coordinated development and interoperability of the interconnected system;
Amendment 738 #
Proposal for a directive
Article 46 – paragraph 3
Article 46 – paragraph 3
3. Hydrogen network operators mayshall be responsible for ensuring efficient hydrogen quality management in their networks in line with applicable hydrogen quality standards, where necessary for system managemto meet the quality requirements of different aend subject to the approval of the regulatory authority-use applications.
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 770 #
Proposal for a directive
Article 51 – paragraph 1
Article 51 – paragraph 1
1. At least every two years , all transmission system operators and all hydrogen transmission network shall submit to the relevant regulatory authority a ten- year network development plan based on existing and forecast supply and demand after having consulted all relevant stakeholders. There shall be at least one single network development plan per Member State for gas and hydrogen. 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 and to electricity transmission system operators for developing their respective national plans. That network development plan shall contain efficient measures in order to guarantee the adequacy of the natural gas system and the hydrogen networks as well as the security of supply , in particular the compliance with the infrastructure standards under Regulation (EU) 2017/1938. The ten-year network development plan shall be published and accessible on a website .
Amendment 774 #
Proposal for a directive
Article 51 – paragraph 1
Article 51 – paragraph 1
1. At least every two years , all transmission system operators and all hydrogen transmission network 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 all relevant stakeholders. There shall be at least one single network development plan for gas and hydrogen 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 hydrogen networks as well as the security of supply , in particular the compliance with the infrastructure standards under Regulation (EU) 2017/1938. The ten-year network development plan shall be published and accessible on a website .
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 804 #
Proposal for a directive
Article 51 – paragraph 2 – point e
Article 51 – paragraph 2 – point e
(e) be based on a joint scenario frameworks developed between the relevant infrastructure operators, including relevant distribution system operators, of at least gas and electricity, hydrogen, electricity and district heating, to be used as a basis for the respective network modelling and taking into account the joint scenarios from the Union-wide ten-year network development plan;
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 819 #
Proposal for a directive
Article 51 – paragraph 3
Article 51 – paragraph 3
3. When elaborating the ten-year network development plan, the transmission system operators and the hydrogen transmission network operators shall fully take into account the potential for alternatives to system expansion, for instancein particular, repurposing of infrastructure as well as the use of demand response, as well asnd 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 shalland the hydrogen transmission network operators shall, jointly with the electricity transmission system operator, assess how to address, where possible, a need across electricity and gases systems including information on the optimalsuitable location and size of energy storage and power to gas assets . The transmission system operator and the hydrogen transmission system operator shall also make reasonable assumptions about the evolution of the production, supply, consumption and exchanges with other countries.
Amendment 821 #
Proposal for a directive
Article 51 – paragraph 3
Article 51 – paragraph 3
3. When elaborating the ten-year network development plan, the transmission system operators and the hydrogen transmission network operators shall fully take into account the potential for alternatives to system expansion, for instancein particular, repurposing of infrastructure as well as the use of demand response, as well asnd 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 operators and the hydrogen transmission network operators 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 . The transmission system operator shall also make reasonable assumptions about the evolution of the production, supply, consumption and exchanges with other countries.
Amendment 834 #
Proposal for a directive
Article 51 – paragraph 5 – introductory part
Article 51 – paragraph 5 – introductory part
5. The regulatory authority shall examine 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 GasG&H 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 require the transmission system operator or the hydrogen transmission network operator to amend its ten-year network development plan.
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 871 #
Proposal for a directive
Article 52 – paragraph 1 – point b a (new)
Article 52 – paragraph 1 – point b a (new)
(b a) include informationon the location of industrial customers and hydrogen production units;
Amendment 873 #
Proposal for a directive
Article 52 – paragraph 1 – point c
Article 52 – paragraph 1 – point c
(c) be in line with the integrated national energy and climate plan and its updates, and with the integrated national energy and climate reports submitted in accordance with Regulation (EU) 2018/1999 and support the climate- neutrality objective set out in Article 2(1) of Regulation (EU) 2021/1119 and be consistent with the Union-wide ten-year network development plan for gas and hydrogen as set out in Article 23[recast Gas Regulation as proposed in COM(2021) xxx].
Amendment 880 #
Proposal for a directive
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The regulatory authority shall examine the overview. It shall take the overall energy-economic necessity of the hydrogen network into account in this examination as well as the joint scenario frameworks developed under Article 51 (2), point e).
Amendment 881 #
Proposal for a directive
Article 52 – paragraph 5
Article 52 – paragraph 5
5. Hydrogen network operators shall publish on a regular basiat least every two years a joint report on the development of the hydrogen system based on the overview submitted to the regulatory authority. They shall take the examination of the regulatory authority under paragraph 4 into account. The regulatory authority may issue an opinion on the report, assess its consistency with the Union-wide ten-year-development plan, and recommend amendments.
Amendment 889 #
Proposal for a directive
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Where a hydrogen interconnector project is included in the EU-wide ten-year network development plan as referred to in Article 29 of [recast Gas Regulation as proposed in COM(2021)xxx] and is not a project of common interest as referred to in [Chapter II and Annex I point 3 of Regulation xxx on Guidelines for trans- European energy infrastructure], adjacent and affected hydrogen network operators shall design a project plan, including a requesn assessment for cross-border cost allocation, and submit it jointly to the concerned regulatory authorities for a joint approval.
Amendment 890 #
Proposal for a directive
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The project plan and requesassessment for cross-border cost allocation shall be accompanied by a project-specific cost- benefit analysis, taking into account benefits beyond the borders of Member States concerned, and by a business plan evaluating the financial viability of the project, which shall include a financing solution and specify whether the hydrogen network operators involved agree on a substantiated proposal for a cross-border cost allocation.
Amendment 892 #
Proposal for a directive
Article 53 – paragraph 5
Article 53 – paragraph 5
Amendment 893 #
Proposal for a directive
Article 53 – paragraph 5
Article 53 – paragraph 5
Amendment 894 #
Proposal for a directive
Article 53 – paragraph 6
Article 53 – paragraph 6
Amendment 895 #
Proposal for a directive
Article 53 – paragraph 6
Article 53 – paragraph 6
Amendment 897 #
Proposal for a directive
Article 53 – paragraph 7
Article 53 – paragraph 7
Amendment 899 #
Proposal for a directive
Article 53 – paragraph 7
Article 53 – paragraph 7
Amendment 900 #
Proposal for a directive
Article 53 – paragraph 8
Article 53 – paragraph 8
Amendment 902 #
Proposal for a directive
Article 53 – paragraph 8
Article 53 – paragraph 8
Amendment 903 #
Proposal for a directive
Article 53 – paragraph 9
Article 53 – paragraph 9
Amendment 931 #
Proposal for a directive
Article 62 – paragraph 4
Article 62 – paragraph 4
4. Until 31 December 2030, Member State may designate an integrated hydrogen network operator unbundled in accordance with the rules on independent transmission operators for natural gas set out in Section 3 of Chapter IX. Such designation shall expire by 31 December 2030 at the latest.
Amendment 980 #
Proposal for a directive
Article 72 – paragraph 1 – point h
Article 72 – paragraph 1 – point h
(h) examining and providing an assessment of the overview submitted by hydrogen network operators on the development of hydrogen transport infrastructure in accordance with Article 52, taking the overall energy-economic necessity of the hydrogen network into account in this examination as well as the joint scenario frameworks under the Article 51 (2), point (e) on network development planning;