91 Amendments of Evžen TOŠENOVSKÝ related to 2021/0424(COD)
Amendment 129 #
Proposal for a regulation
Recital 4
Recital 4
(4) This Regulation aims to facilitate the penetration of renewable and low- carbon gases into the energy system enabling a shift from fossil gas, and to allow these new gases to play an important role towards achieving the EU’s 2030 climate objectives and climate neutrality in 2050. Member States shall ensure that at the early stages of the hydrogen market, the supply of hydrogen is prioritised to sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.The Regulation aims also to set up a regulatory framework that enables and incentivises all market participants to take the transitional role of fossil gas into account while planning their activities to avoid lock-in effects and ensure gradual and timely phase-out of fossil gas notably in all relevant industrial sectors and for heating purposes.
Amendment 134 #
Proposal for a regulation
Recital 5
Recital 5
(5) The EU hydrogen strategy recognises that, as EU Member States have different potential for the production of renewable hydrogen, an open and competitive EU market with unhindered cross-border trade has important benefits for competition, affordability, and security of supply. Moreover, it stresses that moving towards a liquid market with commodity-based hydrogen trading would facilitate entry of new producers and be beneficial for deeper integration with other energy carriers. It would create viable price signals for investments and operational decisions. The rules laid down in this Regulation should thus be conducive for hydrogen markets and commodity-based hydrogen trading and liquid trading hubs to emerge and any undue barriers in this regard should be eliminated by Member States. Whilst recognising the inherent differences, existing rules that enabled efficient commercial operations developed for the electricity and gas markets and trading should be considered for a hydrogen market. Member States shall ensure that at the early stages of the hydrogen market, the supply of hydrogen is prioritised to sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.
Amendment 174 #
Proposal for a regulation
Recital 48
Recital 48
(48) Until the ENNOH is established, a temporary platform should be set up under the lead of the Commission with the involvement of ACER and all relevant market participants, including final customers, the ENTSO for Gas, the ENTSO for Electricity and the EU DSO entity. This platform should support early work on scoping and developing issues relevant for the building up of the hydrogen network and markets without formal decision-making powers. The platform should be dissolved once ENNOH is established. Until the ENNOH is established, the ENTSO for Gas will be responsible for the development of Union- wide network development plans, including hydrogen networks.
Amendment 202 #
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(a a) Promoting the use of hydrogen in industry 1. Member States shall ensure that in the early stages of the hydrogen market, the supply of hydrogen is prioritised to sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.
Amendment 207 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) market rules shall avoid actions which prevent price formation on the basis of demand and supply for gases but shall not prevent long term agreements for the purchase and the transmission of renewable and low carbon gases;
Amendment 210 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) market rules shall enable the decarbonisation of the natural gas and hydrogen systems, and industrial sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen. including by enabling the integration into the market of gases of gas from renewable energy sources and by providing incentives for energy efficiency;
Amendment 213 #
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) market rules shall deliver appropriate investment incentives, in particular for long-term investments in a decarbonised and sustainable gas system, for energy storage, energy efficiency and demand response to meet market needs, and shall facilitate fair competition and security of supplenable the decarbonisation of the natural gas and hydrogen systems and industrial sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen, including by enabling the integration into the market of gases of gas from renewable energy sources and by providing incentives for energy efficiency;
Amendment 244 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
Amendment 264 #
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) a financial transfer is approved for a limited period in time and can never be longer than one third of the depreciation period of the infrastructure concerned].
Amendment 271 #
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
(b) the calculation of the size and maximum duration of the financial transfer and dedicated charge;
Amendment 274 #
Proposal for a regulation
Article 4 – paragraph 4 – point c
Article 4 – paragraph 4 – point c
(c) the criteria to allocate contributions to the dedicated charge among final consumers connected the regulated asset base.
Amendment 280 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Hydrogen network operators shall regularly assess market demand for new investment, taking into account, security of supply and, the efficiency of the final hydrogen uses and the infrastructure needs of priority sectors identified based on the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.
Amendment 286 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. As of 1 january 2031, Article 15 shall apply also to tariffs for access to hydrogen networks. No tariffs shall be charged pursuant to Article 15for access to hydrogen networks at interconnection points between Member States. Where a Member State decides to apply regulated third party access to hydrogen networks in accordance with Article 31 of [recast Gas Directive] before 1 January 2031, paragraph 1 of Article 15 shall be applicable to access tariff to hydrogen networks in that Member State.
Amendment 288 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
LNG and storage system operators shall, at least every two years, assess market demand for new investment allowing the use of renewable and low carbon gases in the facilities. When planning new investments, LNG and storage system operators shall assess market demand and take into account security of supply. LNG and storage system operators shall make publicly available any plans regarding new investments allowing the usage of renewable and low carbon gases in their facilities be included in coordinated network planning procedures, as described in Article 15(1) of the recast gas Directive.
Amendment 296 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Transmission system operators shall regularly assess market demand for new investment taking into account the joint scenario as developed for the integrated network development plan based on Article 51 of [recast Gas Directive as proposed in COM(2021) xxx] as well as security of supply and hydrogen priority sectors identified based on highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.
Amendment 313 #
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 318 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Regulatory authorities may set discount rates lower than those set in paragraph 1 of this Article provided that the discount is in line with the general tariff principles as set out in Article 15 and in particular the principle of cost- reflectiveness, taking into account a need for stable financial frameworks for existing investments where appropriate, and the advancement of the roll-out of renewable and low-carbon gases in the Member State concerned.
Amendment 334 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16 a Tariff discounts for storage operators and LNG terminals in natural gas networks Member States shall ensure the use of the existing infrastructure at national and regional level, for the benefit of the security of supply in an efficient way. Therefore, when setting tariffs, a discount shall be applied to:(a) storage facilities shall receive a discount of 100% on the regulated capacity-based transmission tariffs at entry points from and exit points to storage facilities, unless a storage facility is connected to more than one transmission or distribution network and used to compete with an interconnection point. (b) LNG terminals shall receive a discount of 100% on the regulated tariff from the transmission system operator at all entry points from LNG terminals.(c) Regulatory authorities may set lower discount rates than those set in paragraph 1a and 1b of this Article provided that the discount is in line with the general tariff principles as set out in Article 15 and in particular the principle of cost-reflectiveness, taking into account a need for stable financial frameworks for existing investments where appropriate.
Amendment 356 #
Proposal for a regulation
Article 19 – paragraph 4 – introductory part
Article 19 – paragraph 4 – introductory part
4. Where the concerned regulatory authorities recognise the restriction, they shall request the concerned transmission system operators to perform, within 12 months from the recognition, the following actions in sequence:
Amendment 382 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
All gas transmission system operators, and hydrogen transmission network operators shall cooperate at Union level through the European Network of Transmission System Operators for Gas (the ENTSO for Gas), in order to promote the completion and functioning of the internal market in natural gas and hydrogen and cross-border trade and to ensure the optimal management, coordinated operation and sound technical evolution of the natural gas transmission network and of the hydrogen network.
Amendment 387 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The ENTSO for Gas shall elaborate network codes in the areas referred to set out in paragraph 6 of this Article 53 and 54 upon a request addressed to it by the Commission in accordance with Article 53(9) or Article 54(9).
Amendment 389 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The ENTSO for Gas may elaborate network codes in the areas set out in paragraph 6 Article 53 and 54 with a view to achieving the objectives set out in Article 21 where those network codes do not relate to areas covered by a request addressed to it by the Commission. Those network codes shall be submitted to ACER for an opinion. That opinion shall be duly taken into account by the ENTSO for Gas.
Amendment 395 #
Proposal for a regulation
Article 23 – paragraph 3 – point b
Article 23 – paragraph 3 – point b
(b) a non-binding Union -wide ten-year network development plan ( Union -wide network development plan) for gases, including a European supply adequacy outlook, every two years;
Amendment 399 #
Proposal for a regulation
Article 23 – paragraph 3 – point c
Article 23 – paragraph 3 – point c
(c) recommendations relating to the coordination of technical cooperation between Union and third-country transmission system operators, and hydrogen transmission network operators;
Amendment 402 #
Proposal for a regulation
Article 23 – paragraph 3 – point d a (new)
Article 23 – paragraph 3 – point d a (new)
Amendment 406 #
Proposal for a regulation
Article 23 – paragraph 3 – point g
Article 23 – paragraph 3 – point g
(g) a gas quality monitoring report by 15 May 2024 and a gas and hydrogen quality monitoring report by 15 May 2026 at the latest and every two years afterwards, including developments of gas quality parameters, developments of the level and volume of hydrogen blended into the natural gas system, forecasts for the expected development of gas quality parameters and of the volume of hydrogen blended into the natural gas system, the impact of blending hydrogen on cross- border flows as well as information on cases related to differences in gas quality specifications or in specifications of blending levels and how such cases were settled.
Amendment 408 #
Proposal for a regulation
Article 23 – paragraph 3 – point h
Article 23 – paragraph 3 – point h
(h) The gas and hydrogen quality monitoring report shall also cover the development for the areas listed in point (g) where as far as relevant for the distribution network, based on information provided by the entity of distribution system operators in the Union (‘EU DSO entity for gases’’).
Amendment 413 #
Proposal for a regulation
Article 23 – paragraph 4 – introductory part
Article 23 – paragraph 4 – introductory part
4. The European supply adequacy outlook referred to in paragraph 3, point (b), shall cover the overall adequacy of the gases systems to supply current and projected demands for gases for the next five-year period as well as for the period between five and 10 years from the date of that outlook. The European supply adequacy outlook shall build on national supply outlooks prepared by each individual gas transmission system operator. , and hydrogen transmission network operator.
Amendment 418 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. The annual work programme referred to in paragraph 3, point (da), shall contain a list and description of the network codes to be prepared, a plan on coordination of operation of the network, and research and development activities, to be realised in that year, and an indicative calendar.
Amendment 420 #
Proposal for a regulation
Article 23 – paragraph 6 – point g
Article 23 – paragraph 6 – point g
(g) capacity-allocation for existing and incremental capacity and congestion- management rules;
Amendment 422 #
Proposal for a regulation
Article 23 – paragraph 8
Article 23 – paragraph 8
8. The ENTSO for Gas shall monitor and analyse the implementation of the network codes and the guidelines adopted by the Commission in accordance with Article 53(13), 54 or 56 , and their effect on the harmonisation of applicable rules aimed at facilitating market integration. The ENTSO for Gas shall report its findings to the Agency and shall include the results of the analysis in the annual report referred to in paragraph 3, point (ef), of this Article.
Amendment 423 #
Proposal for a regulation
Article 23 – paragraph 9
Article 23 – paragraph 9
9. The ENTSO for Gas shall make available all information required by ACER to fulfil its tasks under Article 24(1). In order to enable the ENTSO for Gas to meet that requirement, transmission system operators, and hydrogen transmission network operators shall provide the ENTSO for Gas with the requested information.
Amendment 426 #
Proposal for a regulation
Article 23 – paragraph 11 a (new)
Article 23 – paragraph 11 a (new)
11 a. The ENTSO for Gas shall promote cyber security and data protection in cooperation with relevant authorities and regulated entities.
Amendment 428 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
ACER shall monitor the implementation by the ENTSO for Gas of network codes elaborated under Article 23(2) and network codes which have been developed in accordance with Article 53 (1) to (12) or Article 54(1) to (12) but which have not been adopted by the Commission under Articles 53(13) or 54 (13). Where the ENTSO for Gas has failed to implement such network codes, ACER shall request the ENTSO for Gas to provide a duly reasoned explanation as to why it has failed to do so. ACER shall inform the Commission of that explanation and provide its opinion thereon.
Amendment 430 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 2
Article 24 – paragraph 1 – subparagraph 2
ACER shall monitor and analyse the implementation of the network codes and the guidelines adopted by the Commission as laid down in Articles 52) , 53, 54, 55 and 56 , and their effect on the harmonisation of applicable rules aimed at facilitating market integration as well as on non- discrimination, effective competition and the efficient functioning of the market, and report to the Commission.
Amendment 436 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
The costs related to the activities of the ENTSO for Gas referred to in Articles 21 to 23 , 52, 53 and 534 of this Regulation, and in Article 11 of Regulation (EU) No 347/2013 of the European Parliament and of the Council11 shall be borne by the gas transmission system operators, and the hydrogen transmission network operators and shall be taken into account in the calculation of tariffs. Regulatory authorities shall approve those costs only if they are reasonable and appropriate. _________________ 11 Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure (OJ L 115, 25.4.2013, p. 39).
Amendment 438 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. TGas transmission system operators, and hydrogen transmission network operators shall establish regional cooperation within the ENTSO for Gas to contribute to the tasks referred to in Article 23 (1), (2) and (3).
Amendment 440 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. TGas transmission system operators, and hydrogen transmission network operators shall promote operational arrangements in order to ensure the optimum management of the network and shall promote the development of energy exchanges, the coordinated allocation of cross-border capacity through non- discriminatory market-based solutions, paying due attention to the specific merits of implicit auctions for short-term allocations and the integration of balancing mechanisms.
Amendment 447 #
Proposal for a regulation
Article 29 – paragraph 2 – point a
Article 29 – paragraph 2 – point a
(a) build on national investment plans, the hydrogen network development reporting as set out in Article 52 of recast Gas Directive where available and Chapter IV of Regulation (EU) 347/2013 ;.
Amendment 467 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
Distribution system operators shall cooperate with other distribution system operators and, gas transmission system operators and hydrogen transmission network operators to coordinate maintenance, system development, new connections and the operation of the system to ensure system integrity and with a view to maximise capacity and minimise the use of fuel gas.
Amendment 475 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
Distribution system operators operating a natural gas or local or regional hydrogen system shall cooperate at Union level through the European entity for distribution system operators of gases (‘EU DSO entity’) set up in accordance with Articles 52 to 57 of Regulation (EU) 2019/943 of the European Parliament and of the Council12 for gases’), in order to promote the completion and functioning of the internal market for natural gases and to promote optimal management and a coordinated operation of distribution and transmission systems. . _________________ 12 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54).
Amendment 479 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
Registered members may participate in the EU DSO entity for gases directly or be represented by a national association designated by a Member State or by a Union-level association.
Amendment 480 #
Distribution system operators are entitled to associate themselves through the establishment of the EU DSO entity for gases. The EU DSO entity for gases shall carry out its tasks and procedures in accordance with Article 38 of Regulation (EU) 2019/943. As an expert entity working for the common Union interest, the EU DSO entity for gases shall neither represent particular interests nor seek to influence the decision-making process to promote specific interests.
Amendment 481 #
Proposal for a regulation
Article 36 – paragraph 2 b (new)
Article 36 – paragraph 2 b (new)
Members of the EU DSO entity for gases shall be subject to registration and to the payment of a fair and proportionate membership fee that reflects the number of customers connected to the distribution system operator concerned.
Amendment 483 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
The costs related to the activities of the EU DSO entity for gases shall be borne by the distribution system operators that are registered members and shall be taken into account in the calculation of tariffs. Regulatory authorities shall only approve costs that are reasonable and proportionate.
Amendment 484 #
Proposal for a regulation
Article 36 – paragraph 3 a (new)
Article 36 – paragraph 3 a (new)
The EU DSO entity for gases shall consist of, at least, a general assembly, a board of directors, a strategic advisor group, expert groups and a secretary-general.
Amendment 486 #
Proposal for a regulation
Article 37 – title
Article 37 – title
Change to the principal rules and procedures for the EU DSO entity for gases
Amendment 487 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
Amendment 489 #
Proposal for a regulation
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
1 a. The statutes of the EU DSO entity for gases adopted in accordance with Article 37 shall safeguard the following principles: (a) participation in the work of the EU DSO entity for gases is limited to registered members with the possibility of delegation within the membership; (b) strategic decisions regarding the activities of the EU DSO entity for gases as well as policy guidelines for the board of directors are adopted by the general assembly; (c) decisions of the general assembly are adopted according with the following rules: (i) each member disposes of a number of votes proportional to the number of that member's customers; (ii) 65 % of the votes attributed to the members are cast; and (iii) the decision is adopted by a majority of 55 % of the members; (d) decisions of the general assembly are rejected according with the following rules: (i) each member disposes of a number of votes proportional to the number of that member's customers; (ii) 35 % of the votes attributed to the members are cast; and (iii) the decision is rejected by at least 25 % of the members; (e) the board of directors is elected by the general assembly for a mandate of a maximum of four years; (f) the board of directors nominates the President and the three Vice-Presidents from among the members of the board; (g) cooperation between transmission system operators and distribution system operators pursuant to Chapter IV of this Regulation is led by the board of directors; (h) decisions of the board of directors are adopted by an absolute majority; (i) on the basis of a proposal by the board of directors, the secretary general is appointed by the general assembly from among its members for a mandate of four years, renewable once; (j) on the basis of a proposal by the board of directors, Expert Groups are appointed by the general assembly and do not exceed 30 members, with the possibility of one- third of the members coming from outside the membership of EU DSO; in addition, one ‘country’ expert group shall be established and shall consist of one representative of distribution system operators from each Member State.
Amendment 491 #
Proposal for a regulation
Article 37 – paragraph 1 b (new)
Article 37 – paragraph 1 b (new)
1 b. Procedures adopted by the EU DSO entity for gases shall safeguard the fair and proportionate treatment of its members and shall reflect the diverse geographical and economic structure of its membership. In particular, the procedures shall provide that: (a) the board of directors is composed of the President of the Board and 27 members' representatives, of which: (i) nine are representatives of members with more than 1 million grid users; (ii) nine are representatives of members with more than 100 000 and less than 1 million grid users; and (iii) nine are representatives of members with less than 100 000 grid users; (b) representatives of existing DSO associations are permitted to participate as observers at the meetings of the board of directors; (c) the board of directors are not permitted to consist of more than three representatives of members who are based in the same Member State or in the same industrial group; (d) each Vice-President of the Board is nominated among representatives of members in each category described in point (a); (e) representatives of members who are based in one Member State or the same industrial group do not constitute the majority of the participants in the Expert Group; (f) the board of directors establishes a Strategic Advisory group that provides its opinion to the board of directors and the Expert Groups and consists of representatives of the European DSO associations and representatives of those Member States which are not represented in the board of directors.
Amendment 492 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
Amendment 495 #
Proposal for a regulation
Article 37 – paragraph 3 – introductory part
Article 37 – paragraph 3 – introductory part
3. By [one year after entry into force] the EU DSO entity for gases shall submit to the Commission and to ACER draft updated statutes, including a code of conduct, a list of registered members, draft updated rules of procedure, including rules of procedures on the consultation with the ENTSO for Electricity, the ENTSO for Gas and other stakeholders, and draft updated financing rules. .
Amendment 496 #
Proposal for a regulation
Article 37 – paragraph 3 – subparagraph 1
Article 37 – paragraph 3 – subparagraph 1
Amendment 500 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
Amendment 503 #
Proposal for a regulation
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
Amendment 504 #
Proposal for a regulation
Article 38 – paragraph 1 b (new)
Article 38 – paragraph 1 b (new)
1 b. In addition the EU DSO entity for gases shall: (a) cooperate with the ENTSO for Gas & Hydrogen on the monitoring of implementation of the network codes and guidelines adopted pursuant to this Regulation which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission networks and distribution networks; (b) cooperate with the ENTSO for Gas & Hydrogen and adopt best practices on the coordinated operation and planning of transmission and distribution systems including issues such as exchange of data between operators and coordination of distributed energy resources; (c) work on identifying best practices on the areas identified in paragraph 1 and for the introduction of energy efficiency improvements in the distribution network; (d) adopt an annual work programme and an annual report; (e) operate in accordance with competition law and ensure neutrality.
Amendment 506 #
Proposal for a regulation
Article 38 – paragraph 2 – introductory part
Article 38 – paragraph 2 – introductory part
2. In addition to the tasks listed in Article 55(1) of Regulation (EU) 2019/943Paragraphs (1) and (2) the EU DSO entity for gases shall participate in the development of network codes which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission networks and distribution networks pursuant to this Regulation and contribute to mitigating fugitive methane and hydrogen emissions from the natural gas and hydrogen system. s.
Amendment 508 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1
Article 38 – paragraph 2 – subparagraph 1
When participating in the development of new network codes pursuant to Article 53Chapter V of this Regulation, the EU DSO entity for gases shall comply with the consultation requirements as laid down in Article 56 of Regulation (EU) 2019/943Paragraphs (4) to (6).
Amendment 509 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1 a (new)
Article 38 – paragraph 2 – subparagraph 1 a (new)
While participating in the development of new network codes pursuant to Chapter IV of this Regulation, the EU DSO entity for gases shall conduct an extensive consultation process, at an early stage and in an open and transparent manner, involving all relevant stakeholders, and, in particular, organisations representing such stakeholders, in accordance with the rules of procedure on consultation referred to in Article 37. That consultation shall also involve regulatory authorities and other national authorities, supply and generation undertakings, system users including customers, technical bodies and stakeholder platforms. It shall aim at identifying the views and proposals of all relevant parties during the decision-making process.
Amendment 511 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1 b (new)
Article 38 – paragraph 2 – subparagraph 1 b (new)
The documents and minutes of meetings related to the consultations referred to in paragraph 4 shall be made public.
Amendment 512 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1 c (new)
Article 38 – paragraph 2 – subparagraph 1 c (new)
The EU DSO entity for gases shall take into consideration the views provided during the consultations. Before adopting proposals for the network codes referred to in Chapter IV of this Regulation the EU DSO entity for gases shall indicate how it has taken the observations received during the consultation into consideration. It shall provide reasons where it has not taken such observations into account.
Amendment 513 #
Proposal for a regulation
Article 38 – paragraph 3 – introductory part
Article 38 – paragraph 3 – introductory part
3. In addition to the activities listed in Article 55(2) of Regulation (EU) 2019/943 the EU DSO entity for gases shall:
Amendment 516 #
Proposal for a regulation
Article 38 – paragraph 3 – point c
Article 38 – paragraph 3 – point c
(c) work on identifying best practices for the implementation of the results of the assessments pursuant to Article 23(1a) [proposal for REDIII] and Article 23 [proposal for revised EED] and for the cooperation between operators of electricity distribution networks, of natural gas distribution networks and of district heating and cooling systems, and hydrogen network operators operating local or regional grids, including for the purpose of the assessment pursuant to Article 24(8) [proposal for REDIII].
Amendment 518 #
Proposal for a regulation
Article 38 – paragraph 3 – point c a (new)
Article 38 – paragraph 3 – point c a (new)
(c a) collaborate with the EU DSO entity for electricity to facilitate sector coupling and sector integration.
Amendment 520 #
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
4. The EU DSO entity for gases shall provide input to the ENTSO for Gas for its reporting on gas quality, with regard to the distribution networks where distribution system operators are responsible for gas quality management, as referred to in Article 23(3).
Amendment 538 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Until the ENNOH is established in line with Article 40, the Commission will set up a temporary platform involving ACER and all relevant market participants, and industrial sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen. including the ENTSO for Gas, the ENTSO for Electricity and the EU DSO entity and ensures its administrative support. This platform will promote work on scoping and developing issues relevant for the building up of the hydrogen network and markets. The platform will cease to exist once ENNOH is established.
Amendment 549 #
Proposal for a regulation
Article 42 – paragraph 1 – point h
Article 42 – paragraph 1 – point h
(h) adopt an annual outlook for the supply of hydrogen covering Member States where hydrogen is used industrial sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen, electricity generation or for supplying households;
Amendment 559 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 – point c
Article 43 – paragraph 1 – subparagraph 1 – point c
(c) identify investment gaps, notably with respect to cross-border capacities and to the infrastructure needs for connecting prioritised sectors identified based on the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.
Amendment 582 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. The Commission may, subject to the empowerments in Articles 53 to 56, adopt implementing or delegated acts. Such acts may either be adopted as network codes on the basis of text proposals developed by the ENTSO for Gas or the ENNOH, or, where so provided for in the priority list pursuant to Article 53(3), by the EU DSO entity, where relevant in cooperation with the ENTSO for Electricity, the ENNOH and ACER, pursuant to the procedure laid down in Articles 52 to 55, or as guidelines pursuant to the procedure laid down in Article 56.
Amendment 584 #
Proposal for a regulation
Article 52 – paragraph 2 – point d
Article 52 – paragraph 2 – point d
Amendment 585 #
Proposal for a regulation
Article 53 – paragraph 1 – point e a (new)
Article 53 – paragraph 1 – point e a (new)
(e a) third-party access rules
Amendment 586 #
Proposal for a regulation
Article 53 – paragraph 1 – point e b (new)
Article 53 – paragraph 1 – point e b (new)
(e b) transparency rules
Amendment 587 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
Amendment 588 #
Proposal for a regulation
Article 53 – paragraph 5
Article 53 – paragraph 5
5. ACER shall consult the ENTSO for Gas, the ENNOH, the EU DSO entity, and the other relevant stakeholders in regard to the framework guidelines, during a period of no less than two months, in an open and transparent manner.
Amendment 589 #
Proposal for a regulation
Article 53 – paragraph 9
Article 53 – paragraph 9
9. The Commission shall request the ENTSO for Gas or, where provided for in the priority list referred to in paragraph 3, the EU DSO entity for gases in cooperation with the ENTSO for Gas, to submit to ACER, within a reasonable period, not exceeding 12 months, of receipt of the Commission's request, a proposal for a network code in accordance with the relevant framework guideline.
Amendment 590 #
Proposal for a regulation
Article 53 – paragraph 10
Article 53 – paragraph 10
10. The ENTSO for Gas, or where provided for in the priority list referred to in paragraph 3 the EU DSO entity for gases, in cooperation with the ENTSO for Gas, shall convene a drafting committee to support it in the network code development process. The drafting committee shall consist of representatives of ACER, the ENTSO for Gas, the ENNOH, where appropriate the EU DSO entity, and a limited number of the main affected stakeholders. The ENTSO for Gas or where provided for in the priority list pursuant to paragraph 3 the EU DSO entity, in cooperation with the ENTSO for Gas, shall develop proposals for network codes in the areas referred to in paragraphs 1 and 2 where so requested by the Commission in accordance with paragraph 9.
Amendment 592 #
Proposal for a regulation
Article 53 – paragraph 10 a (new)
Article 53 – paragraph 10 a (new)
10 a. Within a period of three months after the day of receipt of a network code, ACER shall provide a reasoned opinion to the ENTSO for Gas or, as the case may be, the EU DSO entity for gases, on the network code.
Amendment 593 #
Proposal for a regulation
Article 53 – paragraph 10 b (new)
Article 53 – paragraph 10 b (new)
10 b. The ENTSO for Gas or, as the case may be, the EU DSO entity for gases in cooperation with the ENTSO for Gas, may amend the network code in the light of the opinion of ACER and re-submit it to ACER.
Amendment 594 #
Proposal for a regulation
Article 53 – paragraph 11
Article 53 – paragraph 11
11. ACER shall revise the proposre-submitted network code to ensure that it complies with the relevant framework guidelines and contributes to market integration, non- discrimination, effective competition, and the efficient functioning of the market, and shall submit the revised network code to the Commission within six months of receipt of the proposal. In the proposal submitted to the Commission, ACER shall take into account the views provided by all involved parties during the drafting of the proposal led by the ENTSO for Gas or the EU DSO entity for gases and shall consult the relevant stakeholders on the version of the network code to be submitted to the Commission.
Amendment 595 #
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. The Commission shall, after consulting ACER, the ENNOH, the ENTSO for Gas, the EU DSO entity and the other relevant stakeholders, establish a priority list every three years, identifying the areas set out in paragraphs 1 and 2 to be included in the development of network codes.
Amendment 596 #
Proposal for a regulation
Article 54 – paragraph 5
Article 54 – paragraph 5
5. ACER shall consult, the ENNOH, the ENTSO for GaTSO for Gas, the EU DSO entity for gases and the other relevant stakeholders in regard to the framework guideline, during a period of at least two months, in an open and transparent manner.
Amendment 597 #
Proposal for a regulation
Article 54 – paragraph 9
Article 54 – paragraph 9
9. The Commission shall request the ENNOHENTSO for Gas or, as the case may be, the EU DSO entity for gases to submit, within a reasonable period not exceeding 12 months of the receipt of the Commission's request, a proposal for a network code in accordance with the relevant framework guideline to ACER.
Amendment 598 #
Proposal for a regulation
Article 54 – paragraph 10
Article 54 – paragraph 10
10. The ENNOHTSO for Gas or, as the case may be, the EU DSO entity for gases, shall convene a drafting committee to support it in the network code development process. The drafting committee shall consist of representatives of ACER, the ENTSO for Gas, the ENTSO for Electricity and where appropriate the EU DSO entity for gases, and a limited number of the main affected stakeholders. The European Network of Network Operators for HydrogenNTSO for Gas or, as the case may be, the EU DSO entity for gases, shall develop proposals for network codes in the areas referred to in paragraphs 1 and 2.
Amendment 600 #
Proposal for a regulation
Article 54 – paragraph 10 a (new)
Article 54 – paragraph 10 a (new)
10 a. Within a period of three months after the day of receipt of a network code, ACER shall provide a reasoned opinion to the ENTSO for Gas or, as the case may be, the EU DSO entity for gases, on the network code.
Amendment 601 #
Proposal for a regulation
Article 54 – paragraph 10 b (new)
Article 54 – paragraph 10 b (new)
10 b. The ENTSO for Gas or, as the case may be, the EU DSO entity for gases in cooperation with the ENTSO for Gas, may amend the network code in the light of the opinion of ACER and re-submit it to ACER
Amendment 602 #
Proposal for a regulation
Article 54 – paragraph 11
Article 54 – paragraph 11
11. ACER shall revise the propossubmitted network code to ensure that it complies with the relevant framework guidelines and contributes to market integration, non- discrimination, effective competition, and the efficient functioning of the market and, shall submit the revised network code to the Commission within six months of receipt of the proposal. In the revised network code, ACER shall take into account the views provided by all involved parties during the drafting of the proposal led by the European Network of Hydrogen Network OperatorNTSO for Gas, or, as the case may be, the EU DSO entity for gases and shall consult the relevant stakeholders on the revised version to be submitted to the Commission.
Amendment 603 #
Proposal for a regulation
Article 54 – paragraph 12
Article 54 – paragraph 12
12. Where the ENNOHTSO for Gas or, as the case may be, the EU DSO entity for gases, has failed to develop a network code within the period set by the Commission under paragraph 9, the Commission may request ACER to prepare a draft network code on the basis of the relevant framework guideline. ACER may launch a further consultation in the course of preparing a draft network code under this paragraph. ACER shall submit a draft network code prepared under this paragraph to the Commission and may recommend that it be adopted.
Amendment 604 #
Proposal for a regulation
Article 54 – paragraph 13
Article 54 – paragraph 13
13. Where the European Network of Hydrogen Network OperatorsNTSO for Gas or, as the case may be, the EU DSO entity for gases, has failed to develop a network code, or ACER has failed to develop a draft network code as referred to in paragraph 12, the Commission may adopt, on its own initiative, or upon the proposal of ACER under paragraph 11, one or more network codes in the areas listed in paragraphs 1 and 2.
Amendment 605 #
Proposal for a regulation
Article 54 – paragraph 14
Article 54 – paragraph 14
14. Where the Commission proposes to adopt a network code on its own initiative, it shall consult ACER, the ENNOH, the ENTSOGTSO for Gas or, as the case may be, the EU DSO entity for Ggases, and all relevant stakeholders in regard to the draft network code during a period of no less than two months.
Amendment 606 #
Proposal for a regulation
Article 54 – paragraph 15
Article 54 – paragraph 15
15. This Article shall be without prejudice to the Commission's right to adopt and amend the guidelines as laid down in Article 56. It shall be without prejudice to the possibility for the, ENNOHTSO for Gas or, as the case may be, the EU DSO entity for gases, to develop non- binding guidance in the areas set out in paragraphs 1 and 2 where such guidance does not relate to areas covered by a request addressed to the, ENNOH by the Commission. The ENNOHTSO for Gas or, as the case may be, the EU DSO entity for gases, by the Commission. The ENTSO for Gas or, as the case may be, the EU DSO entity for gases, shall submit any such guidance to ACER for an opinion and shall duly take that opinion into account.
Amendment 607 #
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
5. When adopting or amending guidelines, the Commission shall consult ACER, the ENTSO for Gas, the ENNOH, the EU DSO entity and, where relevant, other stakeholders.