312 Amendments of Marie TOUSSAINT related to 2020/0360(COD)
Amendment 100 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 172, Articles 191, 192(1), 194(1) and 194(2) thereof,
Amendment 101 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission has set out, in its Communication of 11 December 2019 entitled ‘The European Green Deal’21 , a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050ith a view to achieve climate neutrality as soon as possible and by 2050 at the latest and where economic growth is decoupled from resource use. The Commission’s communication on the Climate Target Plan22 proposing to increase the greenhouse gas emissions’ reduction level to at least 55% by 2030 - an ambition that was endorsed by the European Council on 11 December 2020 and that is surpassed by the European Parliament position for a reduction level of at least 60% - and its underlying impact assessment confirms that the energy mix of the future will be very different from the one of today and underpins the necessity to review and if necessary to revise the energy legislation. The current energy infrastructure investments are clearly insufficient to transform and build the energy infrastructure of the future. That also means iInfrastructure needs to be in place to support the European massive and swift energy transition, including rapid electrification, scaling up of renewable electricity generation, the increased use of renewable and low-carbon gases, energy system integration and a higher uptake of innovativedigital solutions. _________________ 21 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019. 22 Commission Communication - Stepping up Europe’s 2030 climate ambition, Investing in a climate-neutral future for the benefit of our people, COM(2020) 562 final of 17 September 2020
Amendment 103 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) According to Commission analyses, electricity demand will grow from today’s 23% to around 30% in 2030, and towards 50% by 2050 1a, while that share has only increased by 5 percentage points over the last thirty years2a. This growing electricity demand will have to be based on renewable energy. By 2030, the share of renewable energy in the electricity mix should at least double to 55-60% 3aand studies show that a fully renewables based economy is possible by 2040, in the prospect of climate neutrality as soon as possible 4a. _________________ 1aLTS, figure 20, looking at the 1.5 LIFE and 1.5 TECH scenarios for 2050. 2a COM(2020)0299. 3aCOM LTS, figure 23, looking at the 1.5 LIFE and 1.5 TECH scenarios for 2050. 4aPAC Scenario, June 2020 (Paris compatible scenarios for energy infrastructure); LUT University, April 2020.
Amendment 105 #
Proposal for a regulation
Recital 2
Recital 2
(2) Following the Commission’s proposals as part of the Clean Energy for All Europeans package, an agreement was reached on aThe current binding Union level target for renewable energy for 2030 of at least 32% of final energy consumption and a headline Union level target for energy efficiency of at least 32,5% will be revised as part of the Union’s increased ambition enshrined in [the European Climate Law] and the European Green Deal strategy.
Amendment 106 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) In its resolution of 10 July 2020 on the revision of the guidelines for trans- European energy infrastructure, the European Parliament called for a revision of the TEN-E Regulation taking into account, in particular, the Union’s energy and climate targets for 2030, the Union’s long-term decarbonisation commitment, and the principle of 'energy efficiency first', as well as criteria for granting PCI status in line with the Union’s climate and energy objectives.
Amendment 113 #
Proposal for a regulation
Recital 5
Recital 5
(5) The partial evaluation of Regulation (EU) No 347/2013 has clearly shown that the framework has effectively improved the integration of Member States’ networks, stimulated energy trade and hence contributed to the competitiveness of the Union. Projects of common interest in electricity and gas have strongly contributed to security of supply. For gas, the infrastructure is now well connected and supply resilience has improved substantially since 2013, as confirmed by Commission and expert analysis 1a. Regional cooperation in Regional Groups and through cross-border cost allocation is an important enabler for project implementation. However, in many cases the cross-border cost allocation did not result in reducing the financing gap of the project, as intended. While the majority of permitting procedures have been shortened, in some cases the process is still long. The financial assistance from the Connecting Europe Facility (CEF) has been an important factor as grants for studies have helped projects to reduce risks in the early stages of development, while grants for works have supported projects addressing key bottlenecks that market finance could not sufficiently address. _________________ 1aArtelys 2020: An updated analysis on gas supply security in the EU energy transition
Amendment 115 #
Proposal for a regulation
Recital 6
Recital 6
(6) Energy infrastructures have a central role in setting the Union economy on the right path to climate neutrality and remain in place for decades. The TEN-E policy is therefore a central instrument in the development of an internal energy market and necessary to achieve the European Green Deal objectives. To achieve climate neutrality by 2050as soon as possible and by 2050 at the latest and higher levels of greenhouse gas emission reductions by 2030, Europe will need a more integrated energy system, relying on higher levels of electrification based on additional renewable sources and the decarbonisation of the gas sector. The TEN-E policy canshould ensure that the Union energy infrastructure development supports the required energy transition to climate neutrality in line with the principle of 'energy efficiency first principle' and energy saving in all sectors (power, heating, transport and industry).
Amendment 122 #
(7) While tThe objectives of Regulation (EU) No 347/2013 remain largely valid,need adaptation, as the current TEN-E framework does not yet fully reflect the expected changes to the energy system that will result from the new political context and in particular the upgraded 2030 targets and the 2050 climate neutrality objective under the European Green Deal. Besides the new political context and objectives, technological development has been rapid in the past decade. That development should be taken into account in the infrastructure categories covered by this Regulation, the projects of common interest selection criteria as well as the priority corridors and thematic areas.
Amendment 124 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 125 #
Proposal for a regulation
Recital 10
Recital 10
(10) The Union’s energy infrastructure should contribute to climate change mitigation and be resilient to the unavoidable impacts that climate change is estimated to create in Europe in spite of the mitigation efforts. Hence, strengthening the efforts on climateenergy efficiency, climate change mitigation and adaptation, resilience building, disaster prevention and preparedness is crucial.
Amendment 135 #
Proposal for a regulation
Recital 11
Recital 11
(11) Security of supply, as one main driver behind Regulation (EU) No 347/2013, has been significantly improved through projects of common interest. Moreover, tThe Commission’s climate target impact assessment27 expects the consumption of natural gas to be reduced significantly because its non-abated use is not compatible with carbon-neutrality. On the other hand, the consumption of biogas, renewable and low-carbon hydrogen and synthetic gaseous fuels will increase significantly towards 2050 in support of a 55 % emissions reduction target by 2030 suggested fossil gas use would reduce by 32-37 % of final energy consumption compared to 2015 and continue to plunge to negligible levels thereafter also because its non-abated use is not compatible with the climate neutrality goal. Therefore, the natural gas infrastructure no longer needs support through the TEN-E policy. The planning of energy infrastructure should reflect this changing gas landscape. _________________ 27 SWD(2020) 176 final
Amendment 138 #
Proposal for a regulation
Recital 12
Recital 12
(12) The importance of smart electricity grids in achieving the Union’s energy and climate policy objectives has been acknowledged in the communication from the Commission on energy system integration28 . The criteria for the category should be simplified and include technological developments regarding innovation and, digital aspects and the enablement of energy system integration. Furthermore, the role of projects promoters should be clarified. Given the expected significant increase in power demand from the transport sector, in particular for electric vehicles along highways and in urban areasmobility, smart grid technologies should also help to improve energy network related support for cross border high capacity rerecharging and smart charging to support the decarbonisation of the transport sector. _________________ 28 COM(2020) 299 final
Amendment 140 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Commission’s communication on energy system integration underlines the need for integrated energy infrastructure planning across energy carriers, infrastructures, and consumption sectors. Such system integration starts from the point of departure of applying the principle of 'energy efficiency first principle' and taking a holistic approach beyond individual sectors. It also addresses the decarbonisation needs of the hard to abate sectors, such as parts of industry or certain modes of transport, where direct electrification is, currently, technically or economically challenging. Such investments include hydrogen infrastructures and electrolysers, which are progressing towards commercial large-scale deployment. The Commission’s Hydrogen Strategy gives priority to hydrogen production from additional renewable electricity, which is the cleanestonly solution and is mostgenuinely compatible with the EU climate neutrality objective. In a transitional phase however, other forms of low-carbon hydrogen are needed to more rapidly replace existing hydrogen and kick-start an economy of scale.
Amendment 144 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) The Commission assessment recommends support to district heating and cooling to mainstream renewable based solutions for heating and cooling in all sectors and through requirements to accelerate the roll out of smart, renewable energy-based district heating and cooling networks, as well of the development of alternatives to fossil fuels for energy and industrial uses. Co-operation between electricity distribution network and district heating and cooling operators needs to be intensified to better reflect demand response and flexibility from storage in energy network investment. Furthermore, risk mitigation instruments and flanking measures should be introduced to reduce the perceived risks and fragmented nature of renewable heating and cooling solutions1a. _________________ 1a SWD(2020)0176.
Amendment 146 #
Proposal for a regulation
Recital 14
Recital 14
(14) Moreover, the Commission’sThe Commission’s Hydrogen Strategy29 sets a strategic goal to increase installed electrolyser capacity to 40 GW by 2030 in order to scale up the production of renewable hydrogen and facilitate the decarbonisation of fossil-fuel dependent sectors, such as industry or transport. The Hydrogen Strategy29 also concluded that for the required deployment of hydrogen a large-scale, an infrastructure network is an important element that only the Union and the single market can offer. There is currently very limited dedicated infrastructure in place to transport and trade hydrogen across borders. Such should consist of a significant extent ofinfrastructure could consist of both assets converted from natural gas, complemented by and new assets, both dedicated to hydrogen. Furthermore, the Hydrogen Strategy sets a strategic goal to increase installed electrolyser capacity to 40 GW by 2030 in order to scale up the production of renewable hydrogen and facilitate the decarbonisation of fossil-fuel dependent sectors, such as industry or transport. Therefore, the TEN-E policy should include new and repurposed hydrogen transmission infrastructure and storage as well as electrolyser facilitieIn light of the Commission’s Hydrogen Strategy prioritisation of renewables-based hydrogen, as the only genuinely compatible solution with the Union climate neutrality objective, the TEN-E policy should focus on electrolyser facilities linked to additional renewable energy production and on the transport of renewable energy based hydrogen to industrial and multimodal transport clusters. Hydrogen transmissionport and storage infrastructure should also be included in the Union-wide ten-year network development plan so as to allow a comprehensive and consistent assessment of their costs and benefits for the energy system, including their contribution to sector integration and decarbonisation, with the aim of creating a hydrogen backbone for the Union. _________________ 29A hydrogen strategy for a climate- neutral Europe, COM(2020) 301 final.
Amendment 148 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 158 #
Proposal for a regulation
Recital 16
Recital 16
(16) Regulation (EU) No 347/2013 requires a candidate project of common interest to prove a significant contribution to at least one criterion from a set of criteria in the process for the elaboration of the Union list, which may, but does not need to, include sustainability. That requirement, in line with the specific needs of the internal energy market at the time, enabled development of projects of common interest which addressed only security of supply risks even if they did not demonstrate benefits in terms of sustainability. However, given the evolution of the Union infrastructure needs and the decarbonisation goals, the Conclusions of the 2020 July European Council, according to which “Union expenditure should be consistent with Paris Agreement objectives and the "do no harm" principle of the European Green Deal,significant harm" to the environment in accordance with Article 17 of the [Sustainable Finance Regulation], as well as the European Parliament’s resolution of 10 July 2020 on the revision of the guidelines for trans-European energy infrastructure underlining the priority of the principle of ‘energy efficiency first’ and sustainability in terms of, inter alia, the integration of renewable energy sources into the grid or, alternatives to additional infrastructures though energy efficiency technologies and the reduction of greenhouse gas emissions, as relevant, should be assessed in order to ensure that TEN-E policy is coherent with energy and climate policy objectives of the Union. TheMandatory sustainability of CO2 transport networks is addressed by their purpose to transport carbon dioxide. criteria should be met by all infrastructure projects in order to be eligible to acquire the PCI or PMI status, and such criteria should be robust and reproducible in order to enable comparison of TEN-E projects in that regard.
Amendment 165 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Union should facilitate infrastructure projects linking the Union’s energlectricity networks with third-country networks that are mutually beneficial and necessary for the energy transition and the achievement of theinternational climate targets, and which also meet the specific criteria of the relevant infrastructure categories pursuant to this Regulation, in particular with neighbouring countries and with countries with which the Union has established specific energy cooperation. Therefore, this Regulation should include in its scope projects of mutual interest where they are sustainable and able to demonstrate significant net socio-economic benefits for at least two Member States and at least one third country. Such projects would be eligible for inclusion in the Union list upon conditions of regulatory approximapproximation of regulation with the Union and demonstrated effective implementation thereof, and upon demonstrating a contribution to the Union’s and the third countries overall energy and climate objectives in terms of, security of supply and decarbonisation. Such regulatory alignment or convergence should be presumed for the European Economic Area or Energy Community Contracting Parties respectively, whereas tools for demonstrated effective implementation would still have to be created for the latter. In addition, the third country with which the Union cooperates in the development of projects of mutual interest should facilitate a similar timeline for accelerated implementation and other policy support measures, as stipulated in this Regulation. Therefore, in this Regulation, projects of mutual interest should be considered in the same manner as projects of common interest with all provisions relative to projects of common interest applying also to projects of mutual interest, unless otherwise specified.
Amendment 175 #
Proposal for a regulation
Recital 19
Recital 19
(19) Relevant Member States should be able to assess the benefits and costs of the afferent sea basin offshore grids for renewable energy and carry out a preliminary cost sharing analysis at sea basin level to underpin joint political commitments for offshore renewable energy development at sea-basis level. Therefore, the Commission should develop uniform principles for a cost- benefit and cost-sharing methodology for the deployment of the integrated offshore network development plans which should be developed to enable Member States to carry out an adequate assessment. One stop-shops per sea basin allow issuing a single comprehensive decision on permitting and aim at reducing administrative burden for project developers.
Amendment 178 #
Proposal for a regulation
Recital 20
Recital 20
(20) The Union-wide ten-year network development plan process has been the basis for the identification of projects of common interest in the categories of electricity and gas has proven to be effective. However, while the European Network of Transm. However, an integrated and a long term vission System Opis needed in ordera tors for Electricity and for Gas (ENTSOs) and transmission system operators have an important role to play in the process, more scrutiny is required, in particular as regards defining the scenarios for the future, identifying long-term infrastructure gaps and bottlenecks and assessing individual projects, to enhance trust in the process. Therefore, due to the need for independent validation, t guarantee the adoption of future-proof methodologies and scenarios contributing to achieve the 2030 climate objectives, the 2040 offshore energy development objectives and in line with the target of climate neutrality as soon as possible and by 2050 at the latest. More scrutiny is required, in particular as regards defining the scenarios for the future, identifying long-term infrastructure gaps and bottlenecks and assessing individual projects, to enhance trust in the process. Therefore, independent expertise and validation is required, notably, a newly created body set up by the Commission by [entry into force], the Energy Infrastructure Council (EIC). In addition, the role of other stakeholders and market participants, including from the demand-side should be enhanced. The Agency for the Cooperation of Energy Regulators (‘the Agency’) and the Commission should have an increased role in the process, including in the process for of drawing up the Union- wide ten-year network development plan pursuant to Regulation (EU) 2019/943 of the European Parliament and of the Council31 and Regulation (EC) No 715/2009 of the European Parliament and of the Council32 . The Agency should conduct a consultation process involving the Commission, Member States and the EIC. The Agency should also operationalise the principle of ‘energy efficiency first’ and ensure that scenarios are leading to the climate neutrality target. The EIC should validate the TYNDP. _________________ 31Regulation (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). 32Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ L 211, 14.8.2009, p. 36).
Amendment 180 #
Proposal for a regulation
Recital 21
Recital 21
(21) It is important to ensure that only infrastructure projects for which no reasonatechnically feasible alternative solutions exist may receive the status of project of common interest. For that purpose, the infrastructure gaps identification will follow the principle of ‘energy efficiency first principle’ and consider with priority all relevant non-infrastructure related solutions, including demand reduction, and flexibility solutions, including those provided by active customers 32a, electric vehicle and behind-the-meter storage to address the identified gaps. In addition, during project implementationahead of the start of a project, project promoters should report on thprove compliance with environmental legislation and demonstrate that projects do no significant harm to the environment in accordance with Article 17 of Regulation (EC) 2020/85233 . For existing projects of common interest having reached sufficient maturity, this will be taken into accounthave to be applied during project selection for subsequent Union list by the regional groups. _________________ 32aDirective (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125). 33Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088, OJ L 198, 22.6.2020, p. 13
Amendment 184 #
Proposal for a regulation
Recital 22
Recital 22
(22) To ensure voltage and frequency stability, particular attention should be given to the stability of the European electricity network under the changing conditions, especially in view of the growing share of flexibility options and renewable electricity.
Amendment 185 #
Proposal for a regulation
Recital 23
Recital 23
(23) Following close consultations with all Member States and stakeholders, the Commission has identified 13 strategic trans- European energy infrastructure priorities, the implementation of which is essential for the achievement of the Union’s 2030 and 2050 energy and climate policy targets. Those priorities cover different geographic regions or thematic areas in the field of electricity transmission, distribution and storage, offshore grids for renewable energy, hydrogen transmission, distribution and storage, electrolysers, smart gas grids,and smart electricity grids, and carbon dioxide transpor. In addition, in its communication of 8 July 2020 entitled ‘Powering a climate-neutral economy: An EU Strategy for Energy System Integration’ , the Commission pointed to the importance of better integration of heat networks and valuing unavoidable excess heat.
Amendment 188 #
Proposal for a regulation
Recital 24
Recital 24
(24) Projects of common and mutual interest should comply with common, transparent and objective criteria in view of their contribution to the energy policy objectives. In order to be eligible for inclusion in the Union lists, electricity, and hydrogenall projects should be part of the latest available Union-wide ten-year network development plan. As hydrogen infrastructure isWhile being eligible for inclusion in regional groups’ project lists as soon as this Regulation enters into force, smart electricity grids, hydrogen and heating and cooling networks are not currently included in the Union-wide ten-year network development plan, this. The requirement for hydrogenthose projects should only apply as of 1 January 2024 for the purposes of the second Union list drawn pursuant to this Regulation.
Amendment 191 #
Proposal for a regulation
Recital 25
Recital 25
(25) Regional groups should be established for the purpose of proposing and reviewing projects of common interest, leading to the establishment of regional lists of projects of common interest. In order to ensure broad consensus, those regional groups should ensure close cooperation between Member States, national regulatory authorities, project promoters and relevant stakeholderthe EIC, including at least independent experts, electricity, efficiency, storage, flexibility and renewable stakeholders, local authorities and civil society organisations. In the context of that cooperation, national regulatory authorities should, where necessary, advise the regional groups, inter alia on the feasibility of the regulatory aspects of proposed projects, compliance with sustainability criteria and climate targets and on the feasibility of the proposed timetable for regulatory approval. The composition, the activity and decisions of regionals groups should be accessible to public.
Amendment 192 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) In order to increase efficiency and pan-European integration, cooperation between the Regional Groups should be strengthened and further encouraged. The Commission plays an important role to facilitate this cooperation also in view of addressing possible impacts of projects on other Regional Groups.
Amendment 194 #
Proposal for a regulation
Recital 27
Recital 27
(27) Projects of common interest should be implemented as quickly as possible and should be closely monitored and evaluated, while duly abiding to stakeholder participation and environmental legislation and keeping the administrative burden for project promoters to a minimum. The Commission should nominate independent European coordinators for projects facing particular difficulties. The progress in the implementation of the specific projects as well as the fulfilment of the obligations pertaining to this Regulation should be taken into account in the selection process for subsequent Union lists for the respective projects.
Amendment 196 #
Proposal for a regulation
Recital 29
Recital 29
(29) The planning and implementation of Union projects of common interest in the areas of energy, transport and telecommunication infrastructure should be coordinated to generate synergies whenever it is feasible from an overall economic, technical, environmental, climate or spatial planning point of view and with due regard to the energy system integration strategy, while keeping in mind relevant safety aspects. Thus, during the planning of the the various European networks, it should be possible to give preference to integrating transport, communication and energy networks in order to ensure that as little land as possible is taken upe application of the principle of ‘energy efficiency first’, energy system integration and that as little land as possible is taken up. A common vision on the networks is necessary for energy system integration in the different sectors, whilst ensuring, where possible, that existing or disused routes are reused, in order to reduce to a minimum any negative social, economic, environmental, climate and financial impact.
Amendment 197 #
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30 a) Expedited procedures can be counterproductive to project development, and the right to appeal against expedited procedures should be granted to stakeholders, including civil society. Therefore, in order to ensure the success of projects and to limit appeals, information provided to and consultation of stakeholders, including civil society, is essential. Stakeholders' opinion should be fully taken into account.
Amendment 202 #
Proposal for a regulation
Recital 36
Recital 36
(36) It is important to streamline and improve the process of permit granting, while respecting to the extent possible with due regard to the principle of subsidiarity, national competences and procedures for the construction of new infrastructure. Given the urgency of developing energy infrastructures or their alternatives, the simplification of the process of permit granting should set out a clear time limit for the decision of the respective authorities regarding the construction of the project. That time limit should stimulate a more efficient definition and handling of procedures, and should under no circumstances compromise the high standards for the protection of the environment in line with environmental legislation and public participation. This Regulation should establish maximum time limits, however Member States can strive to achieve shorter time limits where feasible and, in particular, as regards projects like smart grids, which may not require a complex permitting processes as that for transmission infrastructure. The competent authorities should be responsible for ensuring compliance with the time limits.
Amendment 204 #
Proposal for a regulation
Recital 39
Recital 39
(39) The discussion on the appropriate allocation of costs should be based on the analysis of the costs and benefits of an infrastructure project and its alternatives carried out on the basis of a harmonised methodology for energy-system-wide analysis, using the same scenario used at the time when the project was included in the Union list of projects of common interest, in the framework of the Union- wide ten-year network development plans prepared by the European Networks of Transmission System Operators pursuant to Regulation (EU) 2019/943 and (EC) No 715/2009, and reviewed by the Agenc. This cost benefit analysis should include full life cycle emissions of a project, as well as other sustainability criteria related to the objectives of sustainable use and the protection of resources, including water, the handling of waste and the increased use of raw and secondary materials, pollution prevention and control, the protection and restoration of biodiversity and ecosystems, and consider air quality. Thate analysis can take into consideration indicators and corresponding reference values for the comparison of unit investment costs.
Amendment 207 #
Proposal for a regulation
Recital 40
Recital 40
(40) In an increasingly integrated internal energy market, clear and transparent rules for cost allocation across borders are necessary in order to accelerate investment in cross-border infrastructure and projects having cross-border impacts. It is essential to ensure a stable financing framework for the development of projects of common interest while minimising the need for financial support. In deciding on cross-border cost allocation, national regulatory authorities should allocate investment costs across borders in their entirety and include them in the national tariffs, and, afterwards determine whether their impact on national tariffs could represent a disproportionate burden for consumers. The national regulatory authorities should avoid the risks of double support for projects by taking into account actual or estimated charges and revenues. Those charges and revenues should be taken into account only insofar as they relate to the projects and designed to cover the costs concerned, except for costs for infrastructure intrinsically linked to the project.
Amendment 209 #
Proposal for a regulation
Recital 41
Recital 41
(41) The internal energy market legislation requires that tariffs for access to networks provide appropriate incentives for investment. However, several types of projects of common interest are likely to bring externalities that can possibly not be fully captured in and recovered through the regular tariff system. In applying the internal energy market legislation, national regulatory authorities should ensure a stable and predictable regulatory and financial framework with incentives for projects of common interest, including long-term incentives, that are commensurate with the level of specific risk of the project and its long-term contribution to the energy and climate objectives. That should apply in particular to cross-border projects, innovative transmission technologies for electricity allowing for large scale integration of renewable energy, of distributed energy resources or of demand response in interconnected networks, and energy technology and digitalisation projects, as well as heating and cooling networks which are likely to incur higher risks than similar projects located within one Member State, or, promise higher benefits for the Union. Moreover, projects with high operational expenditure should also have access to appropriate incentives for investment. In particular, offshore grids for renewable energy which serve the dual functionality of electricity interconnectors and connecting renewable offshore generation projects, are likely to incur higher risks than comparable onshore infrastructure projects, due to their intrinsic connection to generation assets which brings regulatory risks, financing risks such as the need for anticipatory investments, market risks and risks pertaining to the use of new innovative technologies.
Amendment 211 #
Proposal for a regulation
Recital 45
Recital 45
(45) Regulation (EU) No 347/2013 has demonstrated the added value of leveraging private funding through significant Union financial assistance to allow the implementation of projects of European significance. In the light of the economic and financial situation, and budgetary constraints, targeted support, through grants and financial instruments, should continue under the multiannual financial framework, in order to maximise benefits to Union citizens and to attract new investors into the energy infrastructure priority corridors and areas, while contributing to achieving Union energy and climate targets and keeping the budgetary contribution of the Union to a minimum.
Amendment 212 #
Proposal for a regulation
Recital 46
Recital 46
(46) Projects of common interest should be eligible to receive Union financial assistance for studies and, under certain conditions, for works pursuant to Regulation (EU)… [on a Connecting Europe Facility as proposed by COM(2018)438] in the form of grants or in the form of innovative financial instruments to ensure that tailor-made support can be provided to those projects of common interest which are not viable under the existing regulatory framework and market conditions. It is important to avoid any distortion of competition, in particular between projects contributing to the achievement of the same Union priority corridor. Such financial assistance should ensure the necessary synergies with the Structural Funds, in order to finance smart energy distribution networks and with the Union renewable energy financing mechanism pursuant to Commission Implementing Regulation (EU) 2020/129441 . A three-step logic should apply to investments in projects of common interest. First, the market should have the priority to invest. Second, if investments are not made by the market, regulatory solutions should be explored, if necessary the relevant regulatory framework should be adjusted, and the correct application of the relevant regulatory framework should be ensured. Third, where the first two steps are not sufficient to deliver the necessary investments in projects of common interest, it should be possible to grant Union financial assistance where the project of common interest fulfils the applicable eligibility criteria. Projects of common interest may also be eligible under the InvestEU programme, which is complementary to grant financing, with due respect for the respective climate mainstreaming targets. _________________ 41Commission Implementing Regulation (EU) 2020/1294 of 15 September 2020 on the Union renewable energy financing mechanism (OJ L 303, 17.9.2020, p. 1).
Amendment 217 #
Proposal for a regulation
Recital 50 – introductory part
Recital 50 – introductory part
(50) In order to ensure that the composition of the priority corridors and thematic areas reflects in the best manner the development of energy infrastructure and that the number of candidate projects in each group remains appropriate and reasonable as to allow a comprehensive thorough assessment, and to ensure that the Union list of projects of common interest is limited to projects which contribute the most to the implementation of the strategic energy infrastructure priority corridors and thematic areas, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commissionis Regulation should be reviewed by 30 June 2027, especially with a view to:
Amendment 218 #
Proposal for a regulation
Recital 50 – indent 1
Recital 50 – indent 1
— to supplement this Regulation by reviewing the scope and composition of the priority corridors and thematic areas and adopting new lists of priority corridors and thematic areas;
Amendment 219 #
Proposal for a regulation
Recital 50 – indent 2
Recital 50 – indent 2
— to amendhe annexes to this Regulation so as to adopt and review the Union list of projects of common interest, while respecting the right of the Member States and third countries to approve projects of common interest or projects of mutual interest related to their territory.
Amendment 220 #
Proposal for a regulation
Recital 50 – indent 2 a (new)
Recital 50 – indent 2 a (new)
- the general architecture of TEN-E, PCI lists and the Connecting Europe Facility as financing instrument, including from the angle of better regulation.
Amendment 221 #
Proposal for a regulation
Recital 50 – point 1
Recital 50 – point 1
Taking into account the need to ensure the achievement of the objectives of this Regulation, in view of the number of project on Union lists so far, the total number of projects of common interest should remain manageable, and therefore should not significantlybe presented per category and should not exceed 220. The Commission, when preparing and drawing up delegated acts, should ensure the simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. Where they consider this necessary, the European Parliament and the Council may each send experts to meetings of the Commission expert groups dealing with the preparation of delegated acts to which Member States' experts are invited. The discussions in the regional groups are instrumental for the Commission to adopt the delegated acts establishing the lists of projects of common interest. Therefore, it is appropriate, to the extent possible and compatible with the framework of this Regulation, that the European Parliament and Council are informed about and may send experts to the meetings of regional groups in line with the 2016 Interinstitutional Agreement on Better Law Making44 . _________________ 44OJ L 123, 12.5.2016, p. 1–14. Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making.
Amendment 222 #
Proposal for a regulation
Recital 52
Recital 52
(52) Since the objectives of this Regulation, namely the development and interoperability of trans-European energy networks and connection to such networks, preserving, protecting and improving the quality of the environment, protecting human health, prudent and rational utilisation of natural resources, promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change, as well as the establishment and functioning of the internal market and with regard to the need to preserve and improve the environment, in particular to ensure the functioning of the energy market, ensure security of energy supply in the Union, promote energy efficiency and energy saving and the development of new and renewable forms of energy, and promote the interconnection of energy networks, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 228 #
1. This Regulation lays down guidelines for the timely development and interoperability of the priority corridors and areas of trans-European energy infrastructure set out in Annex I (‘energy infrastructure priority corridors and areas’) that contribute to the Union’s 2030 climate and energy targets and the climate neutrality objective by 2050as soon as possible and by 2050 at the latest.
Amendment 233 #
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) addresses the identification of projects of common interest necessary to implement priority corridors and areas falling under the energy infrastructure categories in electricity, smart gas gridheating and cooling networks, hydrogen, and electrolysers, and carbon dioxide set out in Annex II (‘energy infrastructure categories’);
Amendment 237 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
In addition to the definitions in Directives 2009/73/EC, (EU) 2018/200146 and (EU) 2019/944 of the European Parliament and of the Council and in Regulations (EC) No 715/2009, (EU) 2019/942, (EU)2018/1999, (EU) 2019/2088 and (EU) 2019/943, the following definitions shall apply for the purposes of this Regulation: _________________ 46Directive (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 239 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘energy infrastructure’ means any physical equipment or facility to transport, convert, aggregate, monitor, manage or store energy falling under the energy infrastructure categories which is located within the Union, or linking the Union and one or more third countries;
Amendment 241 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) ‘energy security’ means measures to improve efficiency and interoperability of transmission and distribution networks in day-to-day operation, system flexibility, cybersecurity, avoidance of congestion, and integration and involvement of network users1a. _________________ 1aForeign Affairs Council conclusions adopted in January 2021.
Amendment 245 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
(4 a) ‘Project of common interest at an advanced implementation stage’ or ‘project of common interest at a mature level’ means a project that has previously been on a PCI list, that has completed the permitting process or is under construction, and that obtained a grant for works agreement before [entry into force] of the draft regulation
Amendment 249 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘project of mutual interest’ means a project promoted by the Union in cooperation with third countries falling under the energy infrastructure categories (1)(a),(b), (c) and (e) of Annex II;
Amendment 250 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘energy infrastructure bottleneck’ means limitation of physical flows in an energy system due to insufficient transmission capacity, which includes inter alia the absence of infrastructure, storage, conversion or demand response aggregation;
Amendment 251 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6 a) 'Multimodal transport hubs' are places designed for the integration, interoperability and exchange between different modes of transport to realise the shift towards a multimodal transport system both for passengers and freight that is sustainable, energy-efficient, and respectful of the environment;
Amendment 252 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 – point a
Article 2 – paragraph 1 – point 7 – point a
(a) a transmission system operator (TSO), distribution system operator or(DSO) or any other operator or investor developing a project of common interest;
Amendment 257 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘smart electricity grid’ means an electricity network where the grid operatothat integrates the behaviour can digitally monitor thed actions of theall users connected to it, and information and communication technologies (ICT) forallows the digital monitoring of and communicationg with related grid operators,all the users connected to it, including generators, consumers and/or prosumers, with a view to transmitting electricity in a sustainable, cost-efficient and secure wayelectric vehicles and storage with a view to improving sustainability and security of the electricity system and enabling energy system integration;
Amendment 261 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘smart gas grid’ means a gas network that makes use of innovative digital solutions to integrate in a cost efficient manner a plurality of low-carbon and renewable gas sources in accordance with consumers’ needs and gas quality requirements in order to reduce the carbon footprint of the related gas consumption, enable an increased share of renewable and low-carbon gases, and c'heating and cooling network’ means a highly energy efficient, 4th or 5th generation, low temperature heating network and a highly energy efficient cooling network, using renewable energy based heat and cold or unavoidable excess heat and cold, as well as relate links with other energy carriers and sectorsd conversion or storage equipment;
Amendment 271 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘studies’ means activities needed to prepare project implementation, such as preparatory, feasibility, evaluation, seismic modelling of heat reservoirs, testing and validation studies, including software, and any other technical support measure including prior action to define and develop a project and decide on its financing, such as reconnaissance of the sites concerned and preparation of the financial package;
Amendment 272 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘commissioning’ means the process of bringing a project into operation once it has been construcreated;
Amendment 272 #
Proposal for a regulation
Recital 11
Recital 11
(11) Security of supply, as one main driver behind Regulation (EU) No 347/2013, has been significantly improved through projects of common interest. MoreoverHence, the Commission’s climate target impact assessment27 expects the consumption of natural gas to be reduced significantly because its non-abated use is not compatible with carbon-neutrality. On the other hand, the consumption of biogas, renewable and low-carbon hydrogen and synthetic gaseous fuels will increase significantly towards 2050 in support of a 55 % emissions reduction target by 2030 suggested fossil gas use would reduce by 32-37 % of final energy consumption compared to 2015 and continue to plunge to negligible levels thereafter. In the analysis supporting the long-term strategic vision for a climate neutral economy1a, the Commission found that very limited methane leakages along the fossil gas supply chain can already cancel out the greenhouse gas emission benefits of the switch from coal to fossil gas use. Hence, fossil gas use will be reduced also because it is not compatible with the climate neutrality goal. Therefore, the natural gas infrastructure no longer needs support through the TEN-E policy. The planning of energy infrastructure should reflect this changing gas landscape. ; _________________ 271a[1] In-depth analysis in support of the Commission Communication COM(2018) 773 SWD(2020) 176 final
Amendment 273 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
(14 a) ‘Hydrogen ready’ or ‘hydrogen compatible’ infrastructure means infrastructure ready to accommodate pure hydrogen without further adaption works, including pipeline networks or storages;
Amendment 275 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘relevant national regulatory authorities’ means the national regulatory authorities in the Member States hosting the projects and in Member States to which the project provides a significant positive impact;
Amendment 276 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16 a) By [entry into force], the Commission shall set-up an ‘Energy Infrastructure Council’ or ‘EIC’ as a permanent and independent body to be established pursuant to Article 11a of this Regulation to draw up the Ten Year Network Development Plan and its underpinning methodology, long-term scenarios, as well as the infrastructure gap identification and the system wide- cost benefit analysis, to contribute to the drafting of regional PCI lists through its representatives and to provide an opinion on the draft Union PCI list.
Amendment 281 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Regional groups shall be established (‘Groups’) as set out in Section 1 of Annex III. The membership of each Group shall be based on each priority corridor and area and their respective geographical coverage as set out in Annex I. Decision-making powers in the Groups shall be restricted to representatives of the EIC, Member States and the Commission, who shall, for those purposes, be referred to as the decision- making body of the Groups.
Amendment 284 #
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Amendment 285 #
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Amendment 286 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. The decision-making body of each Group shall adopt a regional list of proposed projects of common interest presented in categories in accordance with Annex II and drawn up in accordance with the process set out in Section 2 of Annex III, the contribution of each project to implementing the energy infrastructure priority corridors and areas and their fulfilment of the criteria set out in Article 4.
Amendment 288 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point a
Article 3 – paragraph 3 – subparagraph 1 – point a
(a) each individual proposal for a project of common interest shall requireprove compliance by the approval of ject withe states, to whose territory the project relates; where a state does not to give its approval, it shall present its substantiated reasons for doing so to the Group concernedustainability criteria laid out in Article 4 and Annex IV of this Regulation and the application of the principle of ‘energy efficiency first’;
Amendment 289 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point a b (new)
Article 3 – paragraph 3 – subparagraph 1 – point a b (new)
(a b) it shall take into account the binding opinion of the Agency;
Amendment 292 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point b a (new)
Article 3 – paragraph 3 – subparagraph 1 – point b a (new)
(b a) it shall require the approval of the states, to whose territory the project relates; where a state decides not to give its approval, it shall present its substantiated reasons for doing so to the Group concerned;
Amendment 293 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point b b (new)
Article 3 – paragraph 3 – subparagraph 1 – point b b (new)
(b b) it shall make a “transparency report” available to the public, containing at least each project’s descriptions, the promoter’s presentations, minutes of regional meetings with list of participants, the regional methodology adopted by the Group and the regional ranking; that report shall contain a detailed justification showing how the selected projects in the regional list would contribute to the Union’s 2030 climate and energy targets and the climate neutrality objective.
Amendment 294 #
Proposal for a regulation
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 of this Regulation amending annexes to this Regulation in order to establish the Union list of projects of common interest (‘Union list’) per category as set out in Annex II, subject to the second paragraph of Article 172 of the Treaty on the Functioning of the European Union.
Amendment 298 #
Proposal for a regulation
Article 3 – paragraph 5 – point b
Article 3 – paragraph 5 – point b
(b) ensure cross-regional consistency, taking into account the binding opinion of the Agency for the Cooperation of Energy Regulator (‘the Agency’) as referred to in point (12) of Section 2 of Annex III;
Amendment 300 #
Proposal for a regulation
Article 3 – paragraph 5 – point c a (new)
Article 3 – paragraph 5 – point c a (new)
(c a) consult with the EIC on a draft Union-wide PCI list and take into account the opinion of the EIC as referred to in Part 2 of Annex III, and duly justify, where relevant, any deviations from it;
Amendment 302 #
Proposal for a regulation
Article 3 – paragraph 5 – point d a (new)
Article 3 – paragraph 5 – point d a (new)
(d a) ensure that only those projects that provide the greatest contribution to the achievement of the Union and national climate and energy targets are included.
Amendment 306 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Projects of common and mutual interest included on the Union list pursuant to paragraph 4 of this Article under the energy infrastructure categories set out in points (1)(a), (b), (c) and (e) of Annex II, shall become an integral part of the relevant regional investment plans under Article 34 of Regulation (EU) 2019/943 and Article 12 of Regulation (EC) No 715/2009 and of the relevant national 10- year network development plans under Article 51 of Directive (EU) 2019/944 and Article 22 of Directive 2009/73/EC and other national infrastructure plans concerned, as appropriate. Those projects shall be conferred the highest possible priority within each of those plans. This paragraph shall not apply to projects of mutual interest.
Amendment 311 #
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(b a) the project contributes significantly to sustainability
Amendment 311 #
Proposal for a regulation
Recital 16
Recital 16
(16) Regulation (EU) No 347/2013 requires a candidate project of common interest to prove a significant contribution to at least one criterion from a set of criteria in the process for the elaboration of the Union list, which may, but does not need to, include sustainability. That requirement, in line with the specific needs of the internal energy market at the time, enabled development of projects of common interest which addressed only security of supply risks even if they did not demonstrate benefits in terms of sustainability. However, given the evolution of the Union infrastructure needs and the decarbonisation goals, the Conclusions of the 2020 July European Council, according to which “"Union expenditure should be consistent with Paris Agreement objectives and the "do no harm" principle of the European Green Deal,significant harm" to the environment in accordance with Article 17 of the [Sustainable Finance Regulation], as well as the European Parliament’s resolution of 10 July 2020 on the revision of the guidelines for trans-European energy infrastructure underlining the priority of the principle of ‘energy efficiency first’ and sustainability in terms of, inter alia, the integration of renewable energy sources into the grid or, alternatives to additional infrastructures through energy efficiency measures and the reduction of greenhouse gas emissions, as relevant, should be assessed in order to ensure that TEN-E policy is coherent with energy and climate policy objectives of the Union. TheMandatory sustainability of CO2 transport networks is addressed by their purpose to transport carbon dioxidecriteria should be met by all infrastructure projects in order to be eligible to acquire the PCI or PMI status, and such criteria should be robust and reproducible in order to enable comparison of TEN-E projects in that regard.
Amendment 328 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) the potential overall benefits of the project, assessed in accordance with the respective specific criteria in paragraph 3, point (a), outweigh its costs, at Union level, including in the longer term;
Amendment 331 #
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) for the part located on Union territory, the project is in line with Directives 2009/73/EC and (EU) 2019/944 where it falls within the infrastructure categories described in points (1) and (3) of Annex II;
Amendment 333 #
Proposal for a regulation
Article 4 – paragraph 2 – point e – introductory part
Article 4 – paragraph 2 – point e – introductory part
(e) the third country or countries involved have a high level of regulatory alignment or convergence and demonstrated effective legal enforcement mechanisms to support the overall policy objectives of the Union, in particular to ensure:
Amendment 340 #
Proposal for a regulation
Article 4 – paragraph 2 – point e – point iii a (new)
Article 4 – paragraph 2 – point e – point iii a (new)
Amendment 345 #
Proposal for a regulation
Article 4 – paragraph 2 – point f a (new)
Article 4 – paragraph 2 – point f a (new)
(f a) the project falls under one of the categories from points (1)(a), (b), (c) and (e) of Annex II.
Amendment 347 #
Proposal for a regulation
Article 4 – paragraph 3 – point a – introductory part
Article 4 – paragraph 3 – point a – introductory part
(a) for electricity transmission, distribution and storage projects falling under the energy infrastructure categories set out in points (1)(a), (b), (c) and (e) of Annex II, the project is to contribute significantly to sustainability through the integration of renewable energy into the grid and the transmission and distribution of renewable generation to major consumption centres and storage sites, as well as the criteria set out in Annex IV, and at least one of the following specific criteria:
Amendment 353 #
Proposal for a regulation
Article 4 – paragraph 3 – point b – introductory part
Article 4 – paragraph 3 – point b – introductory part
(b) for smart electricity grid projects falling under the energy infrastructure category set out in point (1)(d) of Annex II, the project is to contribute significantly to sustainability through the integration of renewable energy into the grid, and at least twothrough the displacement of investments in grid extension and in energy generation, as well as the criteria set out in Annex IV, and one of the following specific criteria:
Amendment 360 #
Proposal for a regulation
Article 4 – paragraph 3 – point b – point ii
Article 4 – paragraph 3 – point b – point ii
(ii) market integration, including through efficient system operation and use of interconnectors, facilitating energy system integration, either in the energy system through linking different energy carriers and sectors, or in a wider way, favouring synergies and coordination between energy, transport and telecommunication sectors;
Amendment 362 #
Proposal for a regulation
Article 4 – paragraph 3 – point b – point iii
Article 4 – paragraph 3 – point b – point iii
(iii) network security, flexibility and quality of supply, including through higher uptake of innovation in balancing, flexibility markets, cybersecurity, monitoring, system control and error correction.
Amendment 366 #
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
Amendment 377 #
Proposal for a regulation
Article 4 – paragraph 3 – point d – introductory part
Article 4 – paragraph 3 – point d – introductory part
(d) for hydrogen projects falling under the energy infrastructure categories set out in point (3) of Annex II the project is to contribute significantly to sustainability, including by reducing greenhouse gas emissions, by enhancing the deployment of renewable hydrogen and supporting variable renewable power generation by offering flexibility and/or storage solutions. Furthermore, the project is to contribute significantly to at least one of by bringing hydrogen produced in hydrolysis facilities directly connected to power plants using additional renewable energy sources to consumption centres where carbon intensive energy is replaced, thereby supporting variable renewable power generation by offering flexibility and/or storage solutions and supporting the reduction of greenhouse gas emissions as well as the criteria set out in Annex IV. All projects shall allow for effective competition in the hydrogen market, including by allowing access to multiple supply sources and network users on a transparent and non-discriminatory basis. Furthermore, the project is to contribute significantly to the following specific criteria:
Amendment 387 #
Proposal for a regulation
Article 4 – paragraph 3 – point d – point i
Article 4 – paragraph 3 – point d – point i
(i) market integration, including by connecting existing or emerging hydrogen networks of Member States, or otherwiseby contributing to the emergence of an Union-widehydrogen valleys and their network for the transport, distribution and storage of hydrogen, and ensuring interoperability of connected systems;
Amendment 388 #
Proposal for a regulation
Article 4 – paragraph 3 – point d – point iii
Article 4 – paragraph 3 – point d – point iii
Amendment 391 #
Proposal for a regulation
Article 4 – paragraph 3 – point e – point i
Article 4 – paragraph 3 – point e – point i
(i) sustainability, including byby producing hydrogen from directly connected power generation facilities using additional renewable energy sources, where carbon intensive energy is replaced thus reducing greenhouse gas emissions, and enhancing the deployment of renewable hydrogen.s well as the criteria set out in Annex IV;
Amendment 397 #
Proposal for a regulation
Article 4 – paragraph 3 – point e – point iii
Article 4 – paragraph 3 – point e – point iii
(iii) enabling flexibility services such as demand response and storage by facilitating smart energy sector integration through linking differentthe creation of links to other energy carriers and sectors.
Amendment 399 #
Proposal for a regulation
Article 4 – paragraph 3 – point e – point iii a (new)
Article 4 – paragraph 3 – point e – point iii a (new)
(iii a) offering energy transformation services that do not serve only one specific user.
Amendment 404 #
Proposal for a regulation
Article 4 – paragraph 3 – point f – introductory part
Article 4 – paragraph 3 – point f – introductory part
(f) for smart gas gridheating and cooling projects falling under the energy infrastructure category set out in point (2) of Annex II, the project is to contribute significantly to sustainability by enabling and facilitating the integration of renewable and low-carbon gases, such as biomethane, or renewable hydrogen,unavoidable excess heat/cold resources into the gas distribution and transmission networks in order to reduce greenhouse gas emissions , as well as the criteria set out in Annex IV. Furthermore, the project is to contribute significantly to at least one of the following specific criteria:
Amendment 409 #
Proposal for a regulation
Article 4 – paragraph 3 – point f – point i
Article 4 – paragraph 3 – point f – point i
(i) network security and quality of supply by increasing the use of locally sourced renewable energy and unavoidable excess heat and cold, improving the efficiency and interoperability of gas transmission and distribution in day-to- day network operation by, among others, addressing challenges resulting from the injection of gasesheat and cold of different qualititemperatures through the deployment of innovative technologies and cybersecurity;
Amendment 420 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. ForThe contribution to the criteria listed in paragraph 3 of this Article of projects falling under theall energy infrastructure categories set out in pointsAnnex II shall be assessed based on a consideration of, inter alia: (1a) tohe forecast utilisation rate of the project infrastructure, equipment and installations from the entry into operation to the end of life of the project; (4b) of Annex II, the contribution to the criteria listed in paragraph 3 of this Articlein relation to the project contribution to the connection and/or integration of renewable energy and to full life-cycle greenhouse gas emission reductions, a comparison between the situation in the absence of the project and the situation in presence of the project. The contribution to the criteria listed in paragraph 3 of this Article of projects falling under all energy infrastructure categories set out in Annex II shall be assessed in accordance with the indicators set out in points (3) to (7a) of Annex IV.
Amendment 423 #
Proposal for a regulation
Article 4 – paragraph 5 – introductory part
Article 4 – paragraph 5 – introductory part
5. In order to facilitate the assessment of all projects that could be eligible as projects of common interest and that could be included in a regional list, each Group shall assess each project’s contribution to the implementation of the same priority corridor or area in a transparent and objective manner. Each Group shall determine its assessment method on the basis of the aggregated contribution to the criteria referred to in paragraph 3. That assessment shall lead to a ranking of projects for internal use of the Group. Neither the regional list nor the Union list shall contain any ranking, nor shall the ranking be used for any subsequent purpose except as described in point (14) of Section 2 of Annex IIIthat shall be published.
Amendment 423 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘smart gas grid’ means a gas network that makes use of innovative digital solutions to integrate in a cost efficient manner a plurality of low-carbon and renewable gas sources in accordance with consumers’ needs and gas quality requirements in order to reduce the carbon footprint of the related gas consumption, enable an increased share of renewable and low-carbon gases, and c'heating and cooling network’ means a highly energy efficient, 4th or 5th generation, low temperature heating network and a highly energy efficient cooling network, using renewable energy based heat and cold or unavoidable excess heat and cold, as well as relate links with other energy carriers and sectorsd conversion or storage equipment;
Amendment 427 #
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1 – point a a (new)
Article 4 – paragraph 5 – subparagraph 1 – point a a (new)
(a a) the application of the principle of ‘energy efficiency first’;
Amendment 428 #
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1 – point a b (new)
Article 4 – paragraph 5 – subparagraph 1 – point a b (new)
(a b) ensuring that only projects that provide the greatest contribution to the achievement of the Union and national climate and energy targets are included measured through full lifecycle emission reductions deriving from the infrastructure project over its lifetime, as well as the criteria set out in Annex IV;
Amendment 429 #
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1 – point a c (new)
Article 4 – paragraph 5 – subparagraph 1 – point a c (new)
(a c) common guidelines on how to include Union climate and energy targets, elaborated by the EIC;
Amendment 430 #
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1 – point b
Article 4 – paragraph 5 – subparagraph 1 – point b
(b) complementarity with regard to other proposed projectsthe influence of other proposed projects, which could be complementary to, competing with, or potentially competing with, the project under assessment;
Amendment 433 #
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 2
Article 4 – paragraph 5 – subparagraph 2
As regards smart electricity grids and smart gas grids projects falling under the energy infrastructure category set out in points (1)(d) and point (2) of Annex II, ranking shall be carried out for those projects that affect the same two Member States, and due consideration shall also be given to the number of users affected by the project, the annual energy consumption and the share of generation from non- dispatchable resources in the area covered by those users. In order to inform the preparation process of the Union list of projects of common interest, Groups shall make a “transparency report” available to the public as laid down in Article 3(3).
Amendment 436 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) feasibility and design studies including, as regards, climate change mitigation and adaptation and compliance with environmental legislation and with the principles of “do no significant harm” and ‘energy efficiency first’;
Amendment 438 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. The implementation plan referred to in paragraph 1 shall be publicly available and fully transparent regarding the expected commissioning date, the status of the project and the progress of the project compared to the previous Union wide Ten-Year Network Development Plan and, where applicable, the previous Union list of projects of common interest, including, where applicable the reasons for delay or for rescheduling.
Amendment 440 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. ENTSOs, distribution system operator-E, the EU DSO entity, transmission and distribution system operators, electricity market participants, electricity customers, independent aggregators, demand-response operators, electricity producers, organisations involved in hydrogen production, transmission, storage and consumption, organisations involved in generation, operation transmission, conversion and consumption of heat and cold, e-mobility actors, organisations involved in energy efficiency solutions and building renovation, energy communities, local authorities, and civil society organisations and other operators shall co-operate with each other in order to facilitate the development of projects of common interest in their area.
Amendment 441 #
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1 – point a
Article 5 – paragraph 4 – subparagraph 1 – point a
(a) the progress achieved in the development, creation, construction andor commissioning of the project, in particular with regard to permit granting and consultation procedures as well as compliance with environmental legislation, with the principle that the project “does not do significant harm” to the environment, and climate mitigation and adaptation measures taken;
Amendment 442 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘studies’ means activities needed to prepare project implementation, such as preparatory, feasibility, evaluation, seismic modelling of heat reservoirs, testing and validation studies, including software, and any other technical support measure including prior action to define and develop a project and decide on its financing, such as reconnaissance of the sites concerned and preparation of the financial package;
Amendment 448 #
Proposal for a regulation
Article 5 – paragraph 9 – subparagraph 1
Article 5 – paragraph 9 – subparagraph 1
However, a project which is no longer on the Union list but for which an application file hwas been accepted for examination by the competent authoritysuccessful before [entry into force of this Regulation], leading to a permit issued by the competent authority or where construction has started, and that has already received a grant agreement for works shall maintain the rights and obligations arising from Chapter III, except where the project is no longer on the list for the reasons set out in paragraph 8.
Amendment 449 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) assist all parties as necessary in consulting concerned stakeholders and, proposing and discussing alternative routing or projects and, where appropriate, obtaining necessary permits for the projects;
Amendment 449 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16a) By [entry into force], the Commission shall set-up an ‘Energy Infrastructure Council’ or ‘EIC’ as a permanent and independent body to be established pursuant to Article 11a of this Regulation to draw up the TYNDP and its underpinning methodology, long-term scenarios, as well as the infrastructure gap identification and the system wide- cost benefit analysis, to contribute to the drafting of regional PCI lists through its representatives and to provide an opinion on the draft Union PCI list.
Amendment 450 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The European coordinator shall be chosen as part of an open, non- discriminatory and transparent process on the basis of his or her experience with regard to the specific tasks assigned to him or her for the projects concerned.
Amendment 452 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The adoption of the Union list shall establish, for the purposes of any decisions issued in the permit granting process, the necessity of those projects from an energy and climate policy perspective, without prejudice to the exact location, routing or technology of the project.
Amendment 453 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Regional groups shall be established (‘Groups’) as set out in Section 1 of Annex III. The membership of each Group shall be based on each priority corridor and area and their respective geographical coverage as set out in Annex I. Decision-making powers in the Groups shall be restricted to representatives of the EIC, Member States and the Commission, who shall, for those purposes, be referred to as the decision- making body of the Groups.
Amendment 458 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point a
Article 3 – paragraph 3 – subparagraph 1 – point a
(a) each individual proposal for a project of common interest shall require the approval of the states, to whose territory the project relates; where a state does not to give its approval, it shall present its substantiated reasons for doing so to the Group concernedprove compliance by the project with sustainability criteria laid out in article 4 and Annex IV of this Regulation and the application of the principle of ‘energy efficiency first’;
Amendment 459 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Where a project of common interest requires decisions to be taken in two or more Member States, the respective competent authorities shall take all necessary steps for efficient and effective cooperation and coordination among themselves, including the steps referred to in Article 10(5). Member States shall endeavour to provide joint procedures, particularly with regard to the assessment of environmental impacts.
Amendment 461 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. By [31 July 2022] and for each specific Regional Group per priority offshore grid corridor, as defined in Annex I, national competent authorities in Member States belonging to the respective Group, shall jointly create unique points of contact, ‘offshore one-stop shops’, for project promoters, which shall be responsible for facilitating and coordinating the permit granting process for offshore grids for renewable energy projects of common interest, taking into account also the need for coordination between the permitting process for the energy infrastructure and the one for the generation assets. The offshore one-stop shops shall help to reduce administrative burden for project promoters, issue uniform decisions on permits, act as a repository of existing sea basin studies and plans, aiming at facilitating the permitting process of individual projects of common interest and coordinate the issuance ofissue the comprehensive decisions for such projects byafter having coordinated with the relevant national competent authorities. Each Regional Group per priority offshore grid corridor, accompanied by the relevant competence transfer and with the assistance of the national competent authorities in the Members States belonging to the Group, shall set-up the offshore one-stop shops depending on regional specificities and geography and determine their location, resource allocation and specific rules for their functioning, as well as regarding participation and transparency while paying due attention for commercially sensitive information.
Amendment 461 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. The decision-making body of each Group shall adopt a regional list of proposed projects of common interest presented in categories in accordance with Annex II and drawn up in accordance with the process set out in Section 2 of Annex III, the contribution of each project to implementing the energy infrastructure priority corridors and areas and their fulfilment of the criteria set out in Article 4.
Amendment 464 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. By [1 May 2023], the Member State or competent authority shall, where applicable in collaboration with other authorities concerned, publish an updated manual of procedures for the permit granting process applicable to projects of common interest to include at least the information specified in point (1) of Annex VI. The manual shall not be legally binding, but it mayshall refer to or quote relevant legal provisions. The national competent authorities shall coordinate and find synergies with neighbouring countries in developing their manual of procedures.
Amendment 465 #
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. The project promoter shall, within an indicative period of three months following the start of the permit granting process pursuant to Article 10(1)(a), draw up and submit a concept for public participation to the competent authority, following the process outlined in the manual referred to in paragraph 1 and in line with the guidelines set out in Annex VI. The competent authority shall request modifications or approve the concept for public participation within three months of receipt. In so doing, the competent authority shall take into consideration any form of public participation and consultation that took place before the start of the permit granting process, to the extent that such public participation and consultation has fulfilled the requirements of this Article. The latter shall not apply to alternative projects or alternative routing resulting from the public participation and consultation.
Amendment 466 #
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Where it is not already required under national law at the same or higher standards, at least one public consultation shall be carried out by the project promoter, or, where required by national law, by the competent authority, before submission of the final and complete application file to the competent authority pursuant to Article 10(1)(a). That public consultation shall be without prejudice to any public consultation to be carried out after submission of the request for development consent pursuant to Article 6(2) of Directive 2011/92/EU. The public consultation shall inform the stakeholders referred to in point (3)(a) of Annex VI about the project at an early stageleast 3 months before the start of the permit granting process, and shall help to identify alternatives, the most suitable location or trajectory, also in view of adequate climate mitigation and adaptation considerations for the project, and the relevant issues to be addressed in the application file. The public consultation shall comply with the minimum requirements set out in point (5) of Annex VI. The project promoter shall publish on the website referred to in paragraph 7 of this Article a report explaining how the opinions expressed in the public consultations were taken into account by showing the amendments made in the technology, scope, location, trajectory and design of the project or by justifying why such opinions have not been taken into account.
Amendment 466 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point b a (new)
Article 3 – paragraph 3 – subparagraph 1 – point b a (new)
(ba) it shall require the approval of the states, to whose territory the project relates; where a state decides not to give its approval, it shall present its substantiated reasons for doing so to the Group concerned;
Amendment 467 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. For projects likely to have significant transboundary impacts in one or more neighbouring Member States, where Article 7 of Directive 2011/92/EU and the Espoo Convention are applicable, the relevant information shall be made available to the competent authority of the neighbouring Member States concerned. The competent authority of the neighbouring Member States concerned shall indicate, in the notification process where appropriate, whether it, or any other authority concerned, wishes to participate in the relevant public consultation procedures.
Amendment 467 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point b b (new)
Article 3 – paragraph 3 – subparagraph 1 – point b b (new)
(bb) it shall take into account the binding opinion of the Agency;
Amendment 468 #
Proposal for a regulation
Article 9 – paragraph 7 – subparagraph 1
Article 9 – paragraph 7 – subparagraph 1
Project promoters shall also publish relevant information by other appropriate information means open to the public, with due attention to inclusion of indigenous people and marginalised communities.
Amendment 474 #
Proposal for a regulation
Article 10 – paragraph 1 – point a – paragraph 1
Article 10 – paragraph 1 – point a – paragraph 1
The pre-application procedure shall include the preparation of any environmental reports by the project promoters, as necessary, including the climate mitigation and adaptation documentation.
Amendment 475 #
Proposal for a regulation
Article 10 – paragraph 1 – point a – paragraph 2
Article 10 – paragraph 1 – point a – paragraph 2
For the purpose of establishing the start of the permit granting process, the project promoters shall notify the project to the competent authority of the Member States as well as the local authorities concerned in written form, and shall include a reasonably detailed outline of the project. No later than three months following the receipt of the notification, the competent authority shall acknowledge or, if it considers the project is not mature enough to enter the permit granting process, reject the notification in written form, including on behalf of other authorities concerned. In the event of a rejection, the competent authority shall justify its decision, including on behalf of other authorities concerned. The date of signature of the acknowledgement of the notification by the competent authority shall mark the start of the permit granting process. Where two or more Member States are concerned, the date of the acceptance of the last notification by the competent authority concerned shall mark the start of the permit granting process.
Amendment 476 #
Proposal for a regulation
Article 10 – paragraph 1 – point a – paragraph 3
Article 10 – paragraph 1 – point a – paragraph 3
The competent authorities shall ensure that permit granting is accelerated in line with this Chapter for each category of projects of common interest. To that end, the competent authorities shall adapt their requirements for the start of the permit granting process and for the acceptance of the submitted application file, to make them fit for projects which, that due to their nature, or smaller scale, may require less authorisations and approvals for reaching the ready-to-build phase, and, therefore, might not require the benefit of the pre-application procedure. Such smaller scale projects may include gas and electricity smart grids and electrolysers.
Amendment 482 #
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) the project contributes significantly to sustainability;
Amendment 483 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 487 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. By [16 November 2022], the European Network of Transmission System Operators (ENTSO) for Electricity and the ENTSO for GasIC shall publish and submit to Member States, the Commission and the Agency their respectivea consistent and interlinked methodologiesy, including the network and, market and wider socio-economic modelling, for a harmonised energy system-wide cost- benefit analysis at Union level for projects of common and mutual interest falling under the categories set out in points (1)(a), (b), (c) and (e) and point (3) of Annex II.
Amendment 492 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Those methodologies shall be applied for the preparation of each subsequent Union–wide ten-year network development plans developed by the ENTSO for Electricity or the ENTSO for Gas pursuant to Article 8 of Regulation (EC) No 715/2009 and Article 30 of Regulation (EU) 2019/943. Those methodologies shall be drawn up in line with the principles laid down in Annex V and be consistent with the rules and indicators set out ine cost-benefit analysis shall be performed by the EIC according to Annex IV.
Amendment 494 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Amendment 497 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 a (new)
Article 11 – paragraph 1 – subparagraph 2 a (new)
The ENTSO for Electricity, the ENTSO for Gas and all other operators shall make all necessary data available to the EIC in order to perform the cost-benefit analysis.
Amendment 498 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Within three months of the receipt of the methodologies together with the input received in the consultation process and a report on how it was taken into account, the Agency shall provide an opinion to the ENTSO for Electricity, the ENTSO for Gas, the Member States, and the Commissiony, the Agency shall provide an opinion to the EIC, and publish it on the Agency’s website.
Amendment 506 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The ENTSO for Electricity and the ENTSO for Gas,IC shall update the methodologiesy taking due account of the Agency’s opinion, as referred to in paragraph 2, and submit ithem to the Commission for its opinion.
Amendment 509 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Within three months of the day of receipt of the updated methodologiesy, the Commission shall submit its opinion to the ENTSO for Electricity and the ENTSO for GasIC.
Amendment 514 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. No later than three months of the day of receipt of the Commission’s opinion, as referred to in paragraph 4, the ENTSO for Electricity and the ENTSO for GasIC shall adapt their respective methodologiesy taking due account of the Commission’s opinion, and submit ithem to the Commission for approval.
Amendment 518 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
Amendment 525 #
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
Amendment 527 #
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
8. Within two weeks of the approval by the Agency or the Commission, in accordance with paragraphs 5 and 6, the ENTSO for Electricity and the ENTSO for GasIC shall publish their respective methodologiesy on their websites. They shall publish the corresponding input data and other relevant network, load flow and market data in a sufficiently accurate form for a third party to reproduce the results in accordance with national law and relevant confidentiality agreements.
Amendment 531 #
Proposal for a regulation
Article 11 – paragraph 9
Article 11 – paragraph 9
9. The methodologiesy shall be updated and improved regularly following the procedure described in paragraphs 1 to 65. The Agency, on its own initiative or upon a duly reasoned request by national regulatory authorities or stakeholders, and after formally consulting the organisations representing all relevant stakeholders and the Commission, may request such updates and improvements with due justification and timescales. The Agency shall publish the requests by national regulatory authorities or stakeholders and all relevant non-commercially sensitive documents leading to a request from the Agency for an update or improvement.
Amendment 537 #
Proposal for a regulation
Article 4 – paragraph 3 – point d – introductory part
Article 4 – paragraph 3 – point d – introductory part
(d) for hydrogen projects falling under the energy infrastructure categories set out in point (3) of Annex II the project is to contribute significantly to sustainability, including by reducing greenhouse gas emissions, by enhancing the deployment of renewable hydrogen and supporting variable renewable power generation by offering flexibility and/or storage solutions. Furthermore, the project is to contribute significantly to at least one of by bringing hydrogen, produced in hydrolysis facilities with a direct - physical or virtual (via e.g. a power purchase agreement) - connection to power plants using additional renewable energy sources, to consumption centres where carbon intensive energy is replaced, and supporting variable renewable power generation by offering flexibility and/or storage solutions and supporting the reduction of greenhouse gas emissions as well as the criteria set out in Annex IV. All projects shall allow for effective competition in the hydrogen market, including by allowing access to multiple supply sources and network users on a transparent and non-discriminatory basis. Furthermore, the project is to contribute significantly to the following specific criteria:
Amendment 538 #
Proposal for a regulation
Article 11 – paragraph 10
Article 11 – paragraph 10
10. Every threewo years, the Agency shall establish and make publicly available a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the infrastructure categories included in points (1) and (3) of Annex II, based on greenhouse gas mitigation potential of the infrastructure categories included in Annex II and for demand-side management and flexibility measures as well as energy system integration projects. Those reference values may be used by the ENTSO for Electricity and the ENTSO for GasIC for the cost-benefit analyses carried out for subsequent Union-wide ten- year network development plans. The first of such indicators shall be published by [1 November 2022].
Amendment 540 #
Proposal for a regulation
Article 11 – paragraph 11
Article 11 – paragraph 11
Amendment 544 #
Proposal for a regulation
Article 11 – paragraph 12
Article 11 – paragraph 12
12. The consistent and interlinked modelling referred to in paragraph 11 shall cover at least the respective sectors’ interlinkages at all stages of infrastructure planning, specifically scenarios, infrastructure gaps identification in particular with respect to cross-border capacities, and projects assessmentnsist in: (a) an open-source IT simulation tool covering the interlinkages among electricity, hydrogen, heating and cooling and gas networks and markets to be used for the assessment of each submitted project of common and mutual interest and for the infrastructure gaps identification; (b) a document providing a complete and transparent description of the modelling, including all equations, a description of the input data and the performed calculations.
Amendment 545 #
Proposal for a regulation
Article 11 – paragraph 13
Article 11 – paragraph 13
13. After approval of the consistent and interlinked model referred to in paragraph 11 by the Commission in accordance with the procedure set out in paragraphs 1 to 65, it shall be included in the methodologies referred to in paragraph 1.
Amendment 548 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a By [entry into force], the Commission shall establish an Energy Infrastructure Council (EIC). The Commission shall propose a balanced membership based on the stakeholders mentioned in this article, the list of activities mentioned in Article2 and Article 12, and propose internal governance rules on decision-making. The EIC shall be composed of independent experts, including from academia and representatives of at least: the European Network of Transmission System Operators (ENTSO) for Electricity, the EU DSO entity, electromobility and electricity storage operators, electricity market participants, electricity customers, independent aggregators, demand-response operators, electricity producers (all of those as defined in Directive 2019/944), organisations involved in hydrogen production, transmission, distribution, storage and consumption, organisations involved in generation, operation, transmission, distribution and consumption of heat and cool, consumers of heat and cool, organisations involved in energy efficiency solutions and building renovation, energy communities, local authorities, and civil society organisations. Representation shall be balanced and participants shall have equal rights in decision making. (This Article should be before Article 11.)
Amendment 551 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. By [31 July 2022], the Agency, after having conducted an extensive consultation process involving the Commission and at least the organisations representing all relevant stakeholders, including the ENTSO for Electricity, the ENTSO for Gas, Union DSO entity, and relevant hydrogen sector stakeholdersthe EIC, shall publish the framework guidelines for the jointegrated scenarios to be developed by ENTSO for Electricity and ENTSO for Gasthe EIC. Those guidelines shall be regularly updated as found necessary.
Amendment 551 #
Proposal for a regulation
Article 4 – paragraph 3 – point e – point i
Article 4 – paragraph 3 – point e – point i
(i) sustainability, including byby producing hydrogen from power generation facilities using additional renewable energy sources to which the electrolyser has a direct - physical or virtual - connection, to replace carbon intensive energy thus reducing greenhouse gas emissions, and enhancing the deployment of renewable hydrogen.s well as the criteria set out in Annex IV;
Amendment 556 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The guidelines shall include the operationalise the principle of ‘energy efficiency first principle’ and ensure that the underlying ENTSO for Electricity and ENTSO for Gas scenarios are fully in line with the latest medium and long-term European Union decarbonisation targetUnion climate and energy targets, the latest available Commission scenarios in line with the Union policy goal to achieve climate neutrality as soon as possible and by 2050 at the latest, as well as a scenario leading to a 100 % renewable energy system in line with the Paris Agreement. The ENTSO for Electricity, the ENTSO for Gas and othe latest available Commissionr stakeholders shall make all necessary data available to the EIC to produce integrated scenarios.
Amendment 564 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The ENTSO for Electricity and ENTSO for GasIC shall follow the Agency’s framework guidelines when developing the jointegrated scenarios to be used for the Union- wide ten-year network development plans.
Amendment 566 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 570 #
Proposal for a regulation
Article 4 – paragraph 3 – point f – point i
Article 4 – paragraph 3 – point f – point i
(i) network security and quality of supply by increasing the use of locally sourced renewable energy and unavoidable excess heat and cold, improving the efficiency and interoperability of gas transmission and distribution in day-to- day network operation by, among others, addressing challenges resulting from the injection of gasesheat and cold of different qualititemperatures through the deployment of innovative technologies and cybersecurity; ;
Amendment 573 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The ENTSO for Electricity and the ENTSO for GasIC shall publish and submit the draft jointegrated scenarios report to the Agency and the Commission for their opinion.
Amendment 575 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Within three months from the receipt of the draft joint scenarios report together with the input received in the consultation process and a report on how it was taken into account, the Agency shall submit its opinion to the ENTSO for Electricity, ENTSO for gas and theIC, Commission.
Amendment 581 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The Commission, giving due consideration to the Agency opinion defined under paragraph 5, shall submit its opinion to the ENTSO for Electricity and the ENTSO for GasIC.
Amendment 584 #
Proposal for a regulation
Article 4 – paragraph 5 – introductory part
Article 4 – paragraph 5 – introductory part
5. In order to facilitate the assessment of all projects that could be eligible as projects of common interest and that could be included in a regional list, each Group shall assess each project’s contribution to the implementation of the same priority corridor or area in a transparent and objective manner. Each Group shall determine its assessment method on the basis of the aggregated contribution to the criteria referred to in paragraph 3. That assessment shall lead to a ranking of projects for internal use of the Group. Neither the regional list nor the Union list shall contain any ranking, nor shall the ranking be used for any subsequent purpose except as described in point (14) of Section 2 of Annex IIIthat shall be published.
Amendment 585 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
7. The ENTSO for Electricity and the ENTSO for GasIC shall adapt their joint scenarios report, taking due account of the Agency’s opinion, in line with the Commission’s opinion and submit the updated report to the Commission for its approval.
Amendment 587 #
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1 – point a a (new)
Article 4 – paragraph 5 – subparagraph 1 – point a a (new)
(aa) the application of the principle of ‘energy efficiency first’;
Amendment 588 #
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
8. Within two weeks of the approval of the joint scenarios report by the Commission in accordance with paragraph 7, the ENTSO for Electricity and the ENTSO for GasIC shall publish their jointegrated scenarios report on their websites. They shall publish the corresponding input and output data in a sufficiently accurate form for a third party to reproduce the results, taking due account of the national law and relevant confidentiality agreements.
Amendment 590 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Amendment 590 #
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1 – point a b (new)
Article 4 – paragraph 5 – subparagraph 1 – point a b (new)
(ab) common guidelines on how to include Union climate and energy targets, elaborated by the EIC;
Amendment 593 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Every two years the ENTSO for Electricity and the ENTSO for GasIC shall publish and submit to the Commission and the Agency the infrastructure gaps reports developed within the framework of the Union-wide ten-year network development plans.
Amendment 594 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
When assessing the infrastructure gaps the ENTSO for ElectIC shall implement the princity and the ENTSO for Gas shall implement the energy efficiency first principle and consider with priority all relevant non-infrastructure related solutions to address the identified gapple of ‘energy efficiency first’, assess all relevant non-infrastructure related solutions (i.e. but not limited to demand-side management, market arrangement solutions, implementation of digital solutions, renovation of buildings) to address the identified gaps and recommend their implementation as a priority solution whenever they are more cost-efficient on a system-wide perspective than the construction of new supply-side infrastructure. In the report, special attention shall be given to those infrastructure gaps potentially affecting the fulfilment of the Union’s medium and long-term climate targets.
Amendment 597 #
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 2
Article 4 – paragraph 5 – subparagraph 2
As regards smart electricity grids and smart gas grids projects falling under the energy infrastructure category set out in points (1)(d) and point (2) of Annex II, ranking shall be carried out for those projects that affect the same two Member States, and due consideration shall also be given to the number of users affected by the project, the annual energy consumption and the share of generation from non- dispatchable resources in the area covered by those users. In order to inform the preparation process of the Union list of projects of common interest, Groups shall make a transparency report available to the public as laid down in Article 3(3).
Amendment 600 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
Amendment 605 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The ENTSO for Electricity and the ENTSO for Gas shall submit their respectiveIC shall submit its draft infrastructure gaps report to the Agency and the Commission for their opinion.
Amendment 608 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Within three months following receipt of the infrastructure gaps report together with the input received in the consultation process and a report on how it was taken into account, the Agency shall submit its opinion to the ENTSO for Electricity or ENTSO for GasIC and the Commission.
Amendment 612 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The Commission, after conducting a stakeholder consultation, and considering the Agency’s opinion referred to in paragraph 3, shall draft and submit its opinion to the ENTSO for Electricity or the ENTSO for GasIC.
Amendment 616 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The ENTSO for Electricity and the ENTSO for GasIC shall adapt theirits infrastructure gaps reports taking due account of the Agency’s opinion and in line withduly considering the Commission’s opinion before the publication of the final infrastructure gaps reports.
Amendment 618 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. By [31 July 2022], Member States, with the support of the Commission, within their specific priority offshore grid corridors, set out in point (2) of Annex I, taking into account the specificities and development in each region, shall jointly define and agree to cooperate on the quantified amount of offshore renewable generation to be deployed within each sea basin by 2050 in line with the at least 300 GW objective, with intermediate steps in 2030 and 2040, in view of their national energy and climate plans, the offshore renewable potential of each sea basin, environmental protection, climate adaptation and other uses of the sea, as well as the Union’s decarbonisationclimate neutrality targets. That agreement shall be made in writing as regards each sea basin linked to the territory of the Union. By [31 July 2022], Member States, with the support of the Commission, within their specific priority offshore grid corridors, set out in point (2) of Annex I, taking into account the specificities and development in each region, shall develop their scenarios for additional national projects within each sea-basin with intermediate steps in 2030 and 2040, in view of their national energy and climate plans, the offshore renewable potential of each sea basin, environmental protection, climate adaptation and other uses of the sea, as well as the Union’s climate neutrality targets.
Amendment 624 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1 a. The Commission may suggest deployment trajectories of quantified amounts per priority offshore grid corridor and shall ensure that agreed joint deployment objectives are met, including in coordination with the regional groups per sea-basin.
Amendment 625 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. By [31 July 2023] the ENTSO for ElectricityIC, with the involvement of the ENTSO for Electricity, the relevant TSOs, the national regulatory authorities, other relevant stakeholders and of the Commission and in line with the agreement referred to in paragraph 1, shall develop and publish integrated offshore network development plans including interconnectors and hybrid projects as referred to in Annex II, and where applicable, offshore infrastructure for other renewable energy carriers, such as hydrogen, starting from the 2050 objectives, with intermediate steps for 2030 and 2040, for each sea- basin, in line with the priority offshore grid corridors referred to in Annex I, taking into account environmental protection and other uses of the sea. Those integrated offshore network development plans shall thereafter be updated every three yearswo years, consider additional national projects and be aligned with the Union-wide ten-Year Network Development Plans procedure as per Article 12.
Amendment 643 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The ENTSO for ElectricityIC shall submit the draft integrated network development offshore plans to the CommissionAgency for its opinion.
Amendment 646 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 656 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. For the purpose of ensuring the timely development of the offshore grids for renewable energy, should the ENTSO for ElectricityIC not develop, in time, the integrated offshore network development plans, referred to in paragraph 2, the Commission shall, on the basis of expert advice, draw-up an integrated offshore network development plan per sea-basin for each priority offshore grid corridor set out in Annex I.
Amendment 657 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission, taking due account of the opinion of the Agency, shall develop, by means of implementing acts, principles for a specific cost-benefit and cost-sharing methodology for the deployment of the integrated offshore network development plan referred to in Article 14(2) in accordance with the agreement referred to in Article 14(1) as part of the guidelines referred to in Article 16(10). Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 21(2).
Amendment 660 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Within 12 months from the publication of the principles referred to in paragraph 1, the ENTSO for Electricity and other relevant stakeholders, with the involvement of the relevant TSOs, the national regulatory authorities and of the Commission, shall present the results of the application of the cost-benefit and cost- sharing methodology to the priority offshore grid corridors.
Amendment 665 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Within six months from the presentation of the results as referred to in paragraph 2, the relevant Member States, shall updateannex the final provisions on cross- border cost sharing to their written agreement referred to in Article 14(1) with the updated, containing notably the joint definition of the amount of the offshore renewable generation to be deployed within each sea basin in 2050, with intermediate steps in 2030 and 2040, and the relevant agreement to cooperate for the achievement of such amounts.
Amendment 669 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 676 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The efficiently incurred investment costs, which excludes maintenance costs, related to a project of common interest falling under the categories set out in points (1)(a), (b), (c) and (e) of Annex II and projects of common interest falling under the category set out in point (3) of Annex II, where they fall under the competency of national regulatory authorities in each Member State concerned, shall be borne by the relevant TSO or the project promoters of the transmission infrastructure of the Member States which the project provides a net positive impact, and, to the extent not covered by congestion rents or other charges, be paid for by network users through tariffs for network access in that or those Member States.
Amendment 678 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The efficiently incurred investment costs, which excludes maintenance costs, related to a project of common interest falling under the categories set out in points (1)(a), (b), (c) and (e) of Annex II and projects of common interest falling under the category set out in points (2) and (3) of Annex II, where they fall under the competency of national regulatory authorities, shall be borne by the relevant TSO, DSO or the project promoters of the transmission infrastructure of the Member States which the project provides a net positive impact, and, to the extent not covered by congestion rents or other charges, be paid for by network users through tariffs for network access in that or those Member States.
Amendment 681 #
Proposal for a regulation
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. The provisions of this Article shall apply to a project of common interest falling under the categories set out in points (1)(a), (b), (c) and (e) of Annex II where at least one project promoter requests the relevant national authorities their application for the costs of the project. They shall apply to a project of common interest falling under the category set out in points (2) and (3) of Annex II, as relevant, only where an assessment of market demand has already been carried out and indicated that the efficiently incurred investment costs cannot be expected to be covered by the tariffs.
Amendment 695 #
Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point c
Article 16 – paragraph 5 – subparagraph 1 – point c
(c) regional or Union-wide positive externalities, such as security of supply, decarbonisation, sustainability, avoided infrastructure, system flexibility, solidarity or innovation, which the project would generate;
Amendment 697 #
Proposal for a regulation
Article 11 – paragraph 10
Article 11 – paragraph 10
10. Every threewo years, the Agency shall establish and make publicly available a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the infrastructure categories included in points (1) and (3) of Annex II, based on greenhouse gas mitigation potential of the infrastructure categories included in Annex II and for demand-side management and flexibility measures as well as energy system integration projects. Those reference values may be used by the ENTSO for Electricity and the ENTSO for GasIC for the cost-benefit analyses carried out for subsequent Union-wide ten- year network development plans. The first of such indicators shall be published by [1 November 2022].
Amendment 705 #
Proposal for a regulation
Article 11 – paragraph 12
Article 11 – paragraph 12
12. The consistent and interlinked modelling referred to in paragraph 11 shall cover at least the respective sectors’ interlinkages at all stages of infrastructure planning, specifically scenarios, infrastructure gaps identification in particular with respect to cross-border capacities, and projects assessmentnsist in: (i) an open-source IT simulation tool covering the interlinkages among electricity, hydrogen, heating and cooling and gas networks and markets to be used for the assessment of each submitted project of common and mutual interest and for the infrastructure gaps identification (ii) a document providing a complete and transparent description of the modelling, including all equations, a description of the input data and the performed calculations.
Amendment 707 #
Proposal for a regulation
Article 17
Article 17
Amendment 708 #
Proposal for a regulation
Article 17
Article 17
Amendment 711 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a By [entry into force], the Commission shall establish an Energy Infrastructure Council (EIC). The Commission shall propose a balanced membership based on the stakeholders mentioned in this article, the list of activities mentioned in Article2 and Article 12, and propose internal governance rules on decision-making. The EIC shall be composed of independent experts, including from academia and representatives of at least: the European Network of Transmission System Operators (ENTSO) for Electricity, the EU DSO entity, electromobility and electricity storage operators, electricity market participants, electricity customers, independent aggregators, demand-response operators, electricity producers, energy communities (all of those as defined in Directive 2019/944), organisations involved in hydrogen production, transmission, distribution, storage and consumption, organisations involved in generation, operation, transmission, distribution and consumption of heat and cool, consumers of heat and cool, organisations involved in energy efficiency solutions and building renovation, local authorities, and civil society organisations. Representation shall be balanced and participants shall have equal rights in decision making.
Amendment 727 #
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. Projects of common interest falling under the categories set out in points (1)(a), (b), (c), (d) and (e) of Annex II and points (2) and (3) of Annex II, except for hydro- pumped electricity storage projects, are also eligible for Union financial assistance in the form of grants for works where they fulfil all of the following criteria:
Amendment 730 #
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) the project specific cost-benefit analysis pursuant to Article 16(3)(a) provides evidence concerning the existence of significant positive externalities, such as security of supply, system flexibility, solidarity or innovation and sustainability aspects beyond Annex IV;
Amendment 734 #
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
Amendment 736 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 744 #
Proposal for a regulation
Article 18 – paragraph 5 a (new)
Article 18 – paragraph 5 a (new)
5 a. Support for empowerment of stakeholders in view of fulfilling their role in the independent EIC shall be eligible for Union financial assistance in the form of grants for capacity building, skilling and training.
Amendment 745 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
The specific criteria set out in Article 4(3) and the parameters set out in Article 4(5) shall applybe taken into account for the purpose of establishing award criteria for Union financial assistance in in Regulation (EU)… [on a Connecting Europe Facility as proposed by COM(2018)438].
Amendment 746 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The power to adopt delegated acts referred to in Article 3 shall be conferred on the Commission for a period of seven years from [1 January 2022]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 747 #
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
Not later than 31 December 20276, the Commission shall publish a report on the implementation of projects of common interest and submit it to the European Parliament and the Council. That report shall provide an evaluation of:
Amendment 748 #
Proposal for a regulation
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
(a) the progress achieved in the planning, development, construcreation and commissioning of projects of common interest selected pursuant to Article 3, and, where relevant, delays in implementation and other difficulties encountered;
Amendment 749 #
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) the progress achieved in terms of integration of renewable energy sources and reduced greenhouse gas emissions , as well as sustainability in accordance with Annex IV, through the planning, development, construcreation and commissioning of projects of common interest selected pursuant to Article 3;
Amendment 750 #
Proposal for a regulation
Article 22 – paragraph 1 – point e
Article 22 – paragraph 1 – point e
(e) for the electricity and hydrogen sectors, the evolution of the interconnection level between Member States or the level of flexibility achieved, the corresponding evolution of energy prices, as well as the number of network system failure events, their causes and related economic cost; and the contribution energy system integration;
Amendment 751 #
Proposal for a regulation
Article 22 – paragraph 1 – point e a (new)
Article 22 – paragraph 1 – point e a (new)
(e a) for the hydrogen sector the evolution of the connection level from electrolysers to industrial and multi modal transport clusters;
Amendment 752 #
Proposal for a regulation
Article 22 – paragraph 1 – point e b (new)
Article 22 – paragraph 1 – point e b (new)
(e b) for electrolysers, their connection level to renewable energy capacities, as well as the amounts of renewable hydrogen generated, the curtailment and congestion avoided, and the level of energy system flexibility provided through temporary storage;
Amendment 753 #
Proposal for a regulation
Article 22 – paragraph 1 – point e c (new)
Article 22 – paragraph 1 – point e c (new)
(e c) for storage, the level of energy system flexibility provided;
Amendment 754 #
Proposal for a regulation
Article 22 – paragraph 1 – point e d (new)
Article 22 – paragraph 1 – point e d (new)
(e d) for heating and cooling networks, the level of renewable sources and distributed resources integrated, the amounts of unavoidable excess heat valued and thermal storage facilitated for energy system integration and flexibility purposes.
Amendment 755 #
Proposal for a regulation
Article 22 – paragraph 1 – point f – point iii
Article 22 – paragraph 1 – point f – point iii
(iii) an overview of best and innovative practices with regard to stakeholder involvement and mitigation of environmental impact during permit granting processes and project implementation, including alternative routing and climate adaptation;
Amendment 756 #
Proposal for a regulation
Article 22 – paragraph 1 – point h
Article 22 – paragraph 1 – point h
(h) the effectiveness of this Regulation in contributing to the climate and energy targets for 2030, and, in the longer term,specifically alignment to the achievement of climate neutrality by 2050as soon as possible and by 2050 at the latest.
Amendment 757 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22 a Review The Commission shall review this Regulation by 30 June 2027, based on the results of the reporting and evaluation under Article 22, as well as its implementation and evaluation reports of the [CEF Regulation].
Amendment 758 #
Proposal for a regulation
Article 23 – paragraph 1 – point b a (new)
Article 23 – paragraph 1 – point b a (new)
(b a) the detailed description of how the project will contribute to the climate neutrality objective in the short-, mid- and long-term
Amendment 759 #
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) the main expected benefits, in particular regarding full lifecycle greenhouse gas emission reductions and the costs of the projects except for any commercially sensitive information;
Amendment 763 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Regulation (EC) No 715/2009
Article 8 – paragraph 10
Article 8 – paragraph 10
‘The ENTSO for Gas shall adopt and publish amake available all relevant data to the EIC and for the integrated Union-wide network development plan referred to in point (b) of paragraph 3 every two years. The integrated Union- wide network development plan as developed by the EIC shall include the modelling of the integrated network, including hydrogen networks, scenario development, a European supply adequacy outlook and an assessment of the resilience of the system. It shall also be aligned to the long-term scenarios towards climate neutrality.
Amendment 765 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
Directive 2009/73/EC
Article 41 – paragraph 1 – point v
Article 41 – paragraph 1 – point v
(v) carry out the obligations laid out in Articles 3, 5(7), Articles 14, 15, 16 and Article 17 of [the TEN-E Regulation as proposed by COM(2020)824]; under the supervision of the Energy Infrastructure Council;’
Amendment 767 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
Directive (EU) 2019/944
Article 59 – paragraph 1 – point z z
Article 59 – paragraph 1 – point z z
(zz) carry out the obligations laid out in Articles 3, 5 (7), Articles 14, 15, 16 and Article 17 of [the TEN-E Regulation as proposed by COM(2020)824] under the supervision of the Energy Infrastructure Council, aligned to the long-term scenarios towards climate neutrality;
Amendment 769 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
Regulation (EU) 2019/943
Article 48 – paragraph 1 – subparagraph 1
Article 48 – paragraph 1 – subparagraph 1
The integrated Union-wide network development plan referred to under point (b) of Article 30(1) shall include the modelling of the integrated network, including scenario development and an assessment of the resilience of the system. It shall be fully consistent with the European resource adequacy assessment developed pursuant to Article 23. It shall also be aligned to the long-term scenarios towards climate neutrality’
Amendment 771 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
(EU) 2019/942
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) take decisions on approvingprovide an opinion to the Energy Infrastructure Council on incremental changes to cost-benefit analysis methodologies pursuant to Article 11(6) and on investment requests including cross- border cost allocation pursuant to Article 16(6) of [TEN-E Regulation as proposed by COM(2020)824].
Amendment 791 #
Proposal for a regulation
Annex I – Part 3 – point 8 – introductory part
Annex I – Part 3 – point 8 – introductory part
(8) Hydrogen interconnectionsfrastructure in Western Europe (‘HI West’): hydrogen infrastructure enabling the emergence of an integrated hydrogen backbone connecting the countries of the region andenergy system addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogenof the countries of the region to connect industrial clusters and multimodal transport hubs.
Amendment 792 #
Proposal for a regulation
Annex I – Part 3 – point 8 – paragraph 1
Annex I – Part 3 – point 8 – paragraph 1
Electrolysers: supporting the deployment of power-to-gasrenewable energy-based hydrogen applications aiming to enable greenhouse gas reductions and contributing to secure, efficient and reliable system operation and smart energy system integration. Member States concerned: Austria, Belgium, Denmark, France, Germany, Ireland, Italy, Luxembourg, Malta, the Netherlands, Portugal, and Spain;
Amendment 796 #
Proposal for a regulation
Annex I – Part 3 – point 9 – introductory part
Annex I – Part 3 – point 9 – introductory part
(9) Hydrogen interconnectionfrastructures in Central Eastern and South Eastern Europe (‘HI East’): hydrogen infrastructure enabling the emergence of an integrated hydrogen backboneenergy system connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supportof the countries ing the emergence of an EU-wide network for hydrogenregion to connect industrial clusters and multimodal transport. hubs
Amendment 798 #
Proposal for a regulation
Annex I – Part 3 – point 9 – paragraph 1
Annex I – Part 3 – point 9 – paragraph 1
Electrolysers: supporting the deployment of power-to-gas applicationsrenewable energy-based hydrogen aiming to enable greenhouse gas reductions and contributing to secure, efficient and reliable system operation and smart energy system integration. Member States concerned: Austria, Bulgaria, Croatia, Cyprus, Czech Republic, Germany, Greece, Hungary, Italy, Poland, Romania, Slovakia and Slovenia;
Amendment 801 #
Proposal for a regulation
Annex I – Part 3 – point 10 – introductory part
Annex I – Part 3 – point 10 – introductory part
(10) Baltic Energy Market Interconnection Plan in hydrogen (‘BEMIP Hydrogen’)Hydrogen infrastructure in the Baltic Energy Market: hydrogen infrastructure enabling the emergence of an integrated hydrogen backbone connecting the countries of the region andenergy system addressing their specific infrastructure needs for hydrogen supportof the countries ing the emergence of an EU-wide network for hydrogenregion to connect industrial clusters and multimodal transport hubs.
Amendment 802 #
Proposal for a regulation
Annex I – Part 3 – point 10 – paragraph 1
Annex I – Part 3 – point 10 – paragraph 1
Electrolysers: supporting the deployment of power-to-gas applications aiming to enable greenhouse gas reductions and contributing to secure, efficient and reliable system operation and smart energy system integration. Member States concerned: Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland and Sweden.
Amendment 803 #
Proposal for a regulation
Annex I – Part 4 – point 11 – introductory part
Annex I – Part 4 – point 11 – introductory part
(11) Smart electricity grids deployment: adoption of smart grid technologies across the Union to efficiently integrate the behaviour and actions of all users connected to the electricity network, in particular the generation of large amounts of electricity from renewable or distributed renewable energy sources and, demand response by consumer, energy storage, electric vehicles and all available flexibility sources.
Amendment 807 #
Proposal for a regulation
Annex I – Part 4 – point 12 – introductory part
Annex I – Part 4 – point 12 – introductory part
(12) Cross-border carbon dioxideHeating and cooling networks: development of carbon dioxide transport infrastructure between Member States and with neighbouring third countries in view of the deployment of carbon dioxide capture and storageconstruction, extension or renovation of heating and cooling networks linked to renewable energy based heating and cooling facilities, including geothermal, solar thermal and heat pump facilities, innovative heating and cooling technologies, such as seawater air conditioning and those valuing unavoidable excess heat and cold, as well as infrastructure linking to thermal storage, including local heat or cold/ice storage, and conversion facilities and their related equipment.
Amendment 811 #
Proposal for a regulation
Annex I – Part 4 – point 13
Annex I – Part 4 – point 13
Amendment 814 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. By [31 July 2023] the ENTSO for ElectricityIC, with the involvement of the ENTSO for Electricity, the relevant TSOs, the national regulatory authorities, other relevant stakeholders and of the Commission and in line with the agreement referred to in paragraph 1, shall develop and publish integrated offshore network development plans including interconnectors and hybrid projects as referred to in Annex II, and where applicable, offshore infrastructure for other renewable energy carriers, such as hydrogen, starting from the 2050 objectives, with intermediate steps for 2030 and 2040, for each sea- basin, in line with the priority offshore grid corridors referred to in Annex I, taking into account environmental protection and other uses of the sea. Those integrated offshore network development plans shall thereafter be updated every three yearswo years, consider additional national projects and be aligned with the Union-wide TYNDP procedure as per Article 12.
Amendment 824 #
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point a
Annex II – paragraph 1 – point 1 – point a
(a) high-voltage overhead transmission lines, if they have been designed for a voltage of 220 kV or more, and underground and submarine transmission cables, if they have been designed for a voltage of 150 10kV or more;
Amendment 824 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The ENTSO for ElectricityIC shall submit the draft integrated network development offshore plans to the CommissionAgency for its opinion.
Amendment 828 #
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point b
Annex II – paragraph 1 – point 1 – point b
(b) electricity storage facilities used for storing electricity on a permanent or temporary basis in above-ground or underground infrastructure or geological sites, provided they are directly connected to high-voltage transmission lines designed for a voltage of 110 kVhave a storage capacity of 50 MW or more;
Amendment 828 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The ENTSO for ElectricityIC shall adapt the integrated offshore network development plans taking due account of the Agency and Commission opinions and integrate them into the latest Union wide TYNDP before the publication of the final reports and submit them to the relevant priority offshore grid corridors, set out in Annex I.
Amendment 830 #
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point d
Annex II – paragraph 1 – point 1 – point d
(d) systems and components integrating ICT, through operational digital platforms, control systems and sensor technologies both at transmission and medium voltage distribution level, aiming at a more efficient and intelligent electricity transmission and distribution network, increased capacity to integrate renew forms of generation, storage and consumptionable decentralised energy generation, energy storage, demand response, electric vehicles and all available flexibility sources and facilitating new business models and market structures;
Amendment 834 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. For the purpose of ensuring the timely development of the offshore grids for renewable energy, should the ENTSO for ElectricityIC not develop, in time, the integrated offshore network development plans, referred to in paragraph 2, the Commission shall, on the basis of expert advice, draw-up an integrated offshore network development plan per sea-basin for each priority offshore grid corridor set out in Annex I.
Amendment 837 #
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point e a (new)
Annex II – paragraph 1 – point 1 – point e a (new)
(e a) any equipment or installation falling under the category referred to in point (a) having dual functionality: interconnection and transmission of offshore renewable electricity from the offshore generation sites to two or more countries, including the onshore prolongation of this equipment and the domestic grid reinforcement necessary to ensure an adequate and reliable transmission grid and to supply electricity generated offshore to land locked countries as well as any offshore adjacent equipment or installation essential to operate safely, securely and efficiently, including protection ,monitoring and control systems, and necessary substations if they also ensure technology interoperability, inter alia interface compatibility, between different technologies, (‘offshore grids for renewable energy’).
Amendment 839 #
Proposal for a regulation
Annex II – paragraph 1 – point 2 – introductory part
Annex II – paragraph 1 – point 2 – introductory part
(2) concerning smart gas gridheating and cooling networks:
Amendment 839 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission, taking due account of the opinion of the Agency, shall develop, by means of implementing acts, principles for a specific cost-benefit and cost-sharing methodology for the deployment of the integrated offshore network development plan referred to in Article 14(2) in accordance with the agreement referred to in Article 14(1) as part of the guidelines referred to in Article 16(10). Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 21(2).
Amendment 844 #
Proposal for a regulation
Annex II – paragraph 1 – point 2 – point a
Annex II – paragraph 1 – point 2 – point a
(a) any of the following equipment or installation aiming at enabling and facilitating the integration of renewable and low-carbon gases (including biomethane or hydrogen) into the network: digitalenergy based heat, cold and unavoidable excess heat resources into the network: pipes equipped with systems and components integrating ICT, control systems and sensor technologies to enable the interactive and intelligent monitoring, metering, qualitytemperature control and management of gas production, transmissheat and cool production, distribution and consumption within a gas network. Furthermore, such projects may also include equipment to enable reverse flowsintegration of thermal storage, local heat or cold /ice storage from the distribution to the transmission level and related necessary upgrades to the existing network to enable two-way district heating and cooling, as well as conversion facilities.
Amendment 845 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Within 12 months from the publication of the principles referred to in paragraph 1, the ENTSO for Electricity and other relevant stakeholders, with the involvement of the relevant TSOs, the national regulatory authorities and of the Commission, shall present the results of the application of the cost-benefit and cost- sharing methodology to the priority offshore grid corridors.
Amendment 858 #
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point a
Annex II – paragraph 1 – point 3 – point a
(a) transmission pipelines for the transport of hydrogen, giving access to multiple network users on a transparent and non-discriminatory basis, which mainly contains high-pressure hydrogen pipelines, excluding pipelines for the local distribution of hydrogenand distribution of hydrogen, departing from electrolyser facilities meeting the criteria listed in point (4) to industrial clusters and multimodal transport hubs giving access to multiple network users on a transparent and non-discriminatory basis;
Amendment 868 #
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point b
Annex II – paragraph 1 – point 3 – point b
(b) underground storage facilities connected to the high-pressure hydrogen pipelines referred to in point (a);
Amendment 872 #
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point c
Annex II – paragraph 1 – point 3 – point c
(c) reception, storage and regasification orstorage compression and decompression facilities for liquefied hydrogen or hydrogen embedded in other chemical substances with the objective of injecting the hydrogen into the gridpipelines referred to in point (a);
Amendment 874 #
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d – introductory part
Annex II – paragraph 1 – point 3 – point d – introductory part
(d) any equipment or installation essential for the hydrogen systempipelines and facilities referred to in points (a), (b) and (c) to operate safely, securely and efficiently or to enable bi-directional capacity, including compressor stations.
Amendment 885 #
Proposal for a regulation
Article 18 – paragraph 5 a (new)
Article 18 – paragraph 5 a (new)
5 a. Support for empowerment of stakeholders in view of fulfilling their role in the independent EIC shall be eligible for Union financial assistance in the form of grants for capacity building, skilling and training.
Amendment 889 #
Proposal for a regulation
Annex II – paragraph 1 – point 4 – point a
Annex II – paragraph 1 – point 4 – point a
(a) electrolysers that: (i) have at least 1050 MW capacity,; (ii) the production complies with the life cycle greenhouse gas emissions savings requirement of 70 % relative to a fossil fuel comparator of 94g CO2e/MJ as set out in Article 25(2) and Annex V of Directive (EU) 2018/2001 of the European Parliament and of the Council.60 Life cycle greenhouse gas emisshave a direct connection between the new renewable energy installations or a power purchase agreement for additional renewable energy capacity;or (iii) produce during perionds savings are calculated uswhen the electricity ing the methodology referred to in Article 28(5) of Directive (EU) 2018/2001 or, alternatively, using ISO 14067 or ISO 14064-1. Quantified life-cycle GHG emission savings are verified in line with Article 30 of Directive (EU) 2018/2001 where applicabgrid is entirely renewable or when the production of renewable electricity exceeds demand would be lost or curtaile,d or by an independent third party, and (iii) have also a network- related function; _________________ 60 OJ L 328, 21.12.2018, p. 82.is converted into hydrogen for storage for system efficiency purposes;
Amendment 900 #
Proposal for a regulation
Annex II – paragraph 1 – point 5
Annex II – paragraph 1 – point 5
Amendment 902 #
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) the main expected benefits, in particular regarding full lifecycle greenhouse gas emission reductions and the costs of the projects except for any commercially sensitive information;
Amendment 917 #
Proposal for a regulation
Annex III – Part 1 – point 1 – introductory part
Annex III – Part 1 – point 1 – introductory part
(1) with regard to energy infrastructure falling under the competency of national regulatory authorities, each Group shall be composed of local representatives of the EIC, the Member States, national regulatory authorities, TSOs, as well as the Commission, and the Agency and the ENTSO for Electricity or the ENTSO for Gas, as relevant. A particular attention shall be paid to the balanced presence of representatives of local authorities, affected populations, nature and environmental protection associations.
Amendment 922 #
Proposal for a regulation
Annex III – Part 1 – point 2 a (new)
Annex III – Part 1 – point 2 a (new)
(2 a) The bodies hereinafter referred to as the 'Decision-making bodies' are composed of representatives of the EIC, Member States and the Commission. It shall be set-up by the Commission by [entry into force] with a list of stakeholders and activities as detailed in the present Regulation, as well as a decision-making process.
Amendment 923 #
Proposal for a regulation
Annex III – Part 1 – point 4
Annex III – Part 1 – point 4
(4) each Group shall invite, as appropriate for the purpose of implementing the relevant priority designated in Annex I, promoters of a project potentially eligible for selection as a project of common interest as well as representatives of national administrations, of regulatory authorities, and TSOsof local authorities and of civil society from third countries. The decision to invite third country-representatives shall be based on consensus.
Amendment 924 #
Proposal for a regulation
Annex III – Part 1 – point 5
Annex III – Part 1 – point 5
(5) each Group shall invite, as appropriate, the organisations representing relevant stakeholders — and, where deemed appropriate, directly the stakeholders— , including producers, distribution system operators, suppliers, consumers and, organisations for environmental protection and representatives of local populations or rights of local populations associations. The Group mayshall organise hearings or consultations, where relevant for the accomplishments of its tasks.
Amendment 925 #
Proposal for a regulation
Annex III – Part 1 – point 6
Annex III – Part 1 – point 6
(6) as regards the meetings of the Groups, the Commission shall publish, on a public platform accessible to stakeholders, the internal rules, an updated list of member organisations, regularly updated information on the progress of work, meeting agendas, as well as meeting minutes, where available. The deliberations of the decision-making bodies of the Groups and the project rankmeeting participant lists as well as meeting min accordance with Article 4(5) are confidentialutes.
Amendment 926 #
Proposal for a regulation
Annex III – Part 1 – point 7
Annex III – Part 1 – point 7
(7) the Commission, the Agency, the representatives of the EIC and the Groups shall strive for consistency between the different Groups. For that purpose, the Commission and the Agency shall ensure, when relevant, the exchange of information on all work representing an interregional interest between the Groups concerned.
Amendment 927 #
Proposal for a regulation
Annex III – Part 2 – point 1 – point a a (new)
Annex III – Part 2 – point 1 – point a a (new)
(a a) an indication of the project category as set out in Annex II ;
Amendment 928 #
Proposal for a regulation
Annex III – Part 2 – point 1 – point b
Annex III – Part 2 – point 1 – point b
(b) an analysis of the fulfilment of the relevant criteria defined in Article 4 and Annex IV;
Amendment 930 #
Proposal for a regulation
Annex III – Part 2 – point 1 – point c
Annex III – Part 2 – point 1 – point c
(c) for projects having reached a sufficient degree of maturity, a project- specific cost-benefit analysis based on the methodologies developed by the ENTSO for electricity or the ENTSO for gasIC pursuant to Article 11 and Annex V;
Amendment 931 #
Proposal for a regulation
Annex III – Part 2 – point 3
Annex III – Part 2 – point 3
(3) the proposed electricity transmission and storage projects of common interest falling under the categories set out in points (1)(a), (b), (c) and (e) of Annex II are projects thaprojects of common and mutual interest are part of the latest available Union-wide ten- year network development plan for electricity, developed by the ENTSO for Electricity pursuant Article 30 of Regulation (EU) 2019/943.IC The proposed electricity transmission, distribution and storage projects of common interest falling under the categories set out in point (1)(e) of Annex II are projects that derive from and are consistent with the integrated offshore network development plan referred to in Article 14 (2).
Amendment 932 #
Proposal for a regulation
Annex III – Part 2 – point 4
Annex III – Part 2 – point 4
Amendment 936 #
Proposal for a regulation
Annex III – Part 2 – point 5 – introductory part
Annex III – Part 2 – point 5 – introductory part
(5) by 30 June 2022 and, subsequently, for every Union-wide ten-year network development plans, the ENTSO for Electricity and ENTSO for GasAgency shall issue updated guidelines for inclusion of projects in their respective Union-wide ten-year network development plans, referred to in points (3) and (4), in order to ensure equal treatment and transparency of the process. For all the projects included in the Union list of projects of common interest in force at the time, the guidelines shall define a simplified process of includata provision infor the Union-wide ten-year network development plans by automatic inclusion taking into account the documentation and data already submitted during the previous Union-wide ten-year network development plan processes as long as the information therein remains valid.
Amendment 940 #
Proposal for a regulation
Annex III – Part 2 – point 5 – paragraph 1
Annex III – Part 2 – point 5 – paragraph 1
The ENTSO for Electricity and ENTSO for GasAgency shall consult with the Commission and the AgencyEIC about their respective draft guidelines for inclusion of projects in the Union-wide ten-year network development plans and take due account of the Commission’s and the AgencyEIC’s recommendations before the publication of the final guidelines.
Amendment 941 #
Proposal for a regulation
Annex III – Part 2 – point 6
Annex III – Part 2 – point 6
Amendment 945 #
Proposal for a regulation
Annex III – Part 2 – point 11
Annex III – Part 2 – point 11
(11) the Group shall meet to examine and rank the proposed projects per category based on a transparent assessment of the projects, using the criteria set out in Article 4, taking into account the assessment of the regulators, or the assessment of the Commission for projects not falling within the competency of national regulatory authorities.
Amendment 948 #
Proposal for a regulation
Annex III – Part 2 – point 12
Annex III – Part 2 – point 12
(12) the draft regional lists of proposed projects falling under the competency of national regulatory authorities drawn up by the Groups, together with any opinions as specified in point (9), shall be submitted to the Agency six months before the adoption date of the Union list. The draft regional lists and the accompanying opinions shall be assessed by the Agency within three months of the date of receipt. The Agency shall provide an binding opinion on the draft regional lists, in particular on the consistent application of the criteria and the cost- benefit analysis across regions. The binding opinion of the Agency shall be adopted in accordance with the procedure referred to in Article 22 (5) of Regulation (EU) 2019/942.
Amendment 949 #
Proposal for a regulation
Annex III – Part 2 – point 13
Annex III – Part 2 – point 13
(13) within one month of the date of receipt of the Agency’s binding opinion, the decision-making body of each Group shall adopt its final regional list, respecting the provisions set out in Article 3(3), on the basis of the Groups’ proposal and taking into account the binding opinion of the Agency and the assessment of the national regulatory authorities submitted in accordance with point (7), or the assessment of the Commission for projects not falling within the competency of national regulatory authorities proposed in accordance with point (8). The Groups shall submit the final regional lists to the Commission, together with any opinions as specified in point (9).
Amendment 950 #
Proposal for a regulation
Annex III – Part 2 – point 14
Annex III – Part 2 – point 14
(14) the EIC shall provide an opinion to the Commission on the draft Union list of projects of common interest; where, on the basis of the regional lists received, and after having taken into account the Agency opinion, the total number of proposed projects of common interest on the Union list would exceed a manageable number in a category, the Commission shall consider, after having consulted each Group concerned, not to include in the Union list projects that were ranked lowest in that category by the Group concerned in accordance with the ranking established pursuant to Article 4(5).
Amendment 952 #
Proposal for a regulation
Annex IV – point 1 – point a
Annex IV – point 1 – point a
(a) for electricity transmission and distribution, the project increases the grid transfer capacity, or the capacity available for commercial flows, or increases grid stability at the border of that Member State with one or several other Member States, having the effect of increasing the cross- border grid transfer capacity at the border of that Member State with one or several other Member States, by at least 5200 Megawatt compared to the situation without commissioning of the project; the project may also foresee a virtual cross border connection, without involving a physical common border;
Amendment 961 #
Proposal for a regulation
Annex IV – point 1 – point b
Annex IV – point 1 – point b
(b) for electricity storage, the project provides at least 22550 to 100 MW installed capacity and has a storage capacity that allows a net annual electricity generation of 250 Gigawatt-hours/year, including in aggregate form;
Amendment 962 #
Proposal for a regulation
Annex IV – point 1 – point c
Annex IV – point 1 – point c
(c) for smart electricity grids, the project is designed for equipment and installations at high-voltage and medium- voltage level. It involves transmission system operators, transmission and distribution system operators or distribution system operators from at least two Member States. Distribution system operators can be involved only with the support of the transmission system operatoresults in avoided investments in grid transfer capacity of at least 200 MW at any of the borders, of at least twothe Member States, that are closely associated to the project and ensure interoperability. A project covers at least 50000 users, generators, consumers or prosumers of electricity, in a consumption area of at least 300 Gigawatthours/year, of which at least 20 % originate from variable renewable resources in which the project is developed;
Amendment 968 #
Proposal for a regulation
Annex IV – point 1 – point d
Annex IV – point 1 – point d
(d) for hydrogen transmissionpipelines, the project enables the transmission of hydrogen across the borders of the Member States concerned, or increases existing cross-border hydrogen transport capacity at a border between two Member States by at least 10 % compared to the situation prior to the commissioning of the project, and the project sufficiently demonstrates that it is an essential part of a planned cross-border hydrogen network and provides sufficient proof of existing plans and cooperation with neighbouring countries and network operatorconnection of at least two industrial clusters and/or multimodal transport hubs;
Amendment 971 #
Proposal for a regulation
Annex IV – point 1 – point e
Annex IV – point 1 – point e
(e) for hydrogen storage or hydrogen reception facilities referred to in point (3) of Annex II, the project aims at supplying directly or indirectly at least two industrial clusters and/or multimodal transport hubs situated in at least two Member States;
Amendment 973 #
Proposal for a regulation
Annex IV – point 1 – point f
Annex IV – point 1 – point f
(f) for electrolysers, the project provides at least 1050 MW installed capacity and the brings benefits directly or indirectly to at least two Member States, including in case the additional renewable energy generation facility for the electrolyser is located in another member state ;
Amendment 976 #
Proposal for a regulation
Annex IV – point 1 – point g
Annex IV – point 1 – point g
(g) for smart gas grids, a project involves transmission system operators, transmission and distribution system operators or distribution system operators from at least two Member States. Distribution system operators can be involved only with the support of the transmission system operators, of aheating and cooling networks, the project results in avoided cross border infrastructure investments in the concerned Member State, in reduced fuel imports to the Union, and delivers significant lheast two Member States, that are closely associated to the project and ensure interoperabilting or cooling capacity.
Amendment 981 #
Proposal for a regulation
Annex IV – point 2 – introductory part
Annex IV – point 2 – introductory part
(2) A project of mutual interest in the category set out in point (1)(a) and (e) of Annex II with significant cross-border impact is a project which fulfils the following conditions:
Amendment 982 #
Proposal for a regulation
Annex IV – point 2 – point a
Annex IV – point 2 – point a
(a) for projects of mutual interest in the category set out in point (1)(a) and (e) of Annex II, the project increases the grid transfer capacity, or the capacity available for commercial flows, at the border of that Member State with one or more third countries and brings significant benefincreases the grid transfer capacity, or the capacity available for commercial flows, or increases grid stabilitsy, under the specific criteria listed in in Article 4(3), to at least two Member States. The calculation of the benefits for the Member States shall be performed and published by the ENTSO for Electricity in the frame of Union-wide ten-year network development planat the border of that Member State with one or more third countries;
Amendment 987 #
Proposal for a regulation
Annex IV – point 2 – point b
Annex IV – point 2 – point b
Amendment 991 #
Proposal for a regulation
Annex IV – point 2 – point c
Annex IV – point 2 – point c
Amendment 1000 #
Proposal for a regulation
Annex IV – point 3 – point b – introductory part
Annex IV – point 3 – point b – introductory part
(b) transmission and distribution of renewable energy generation to major consumption centres and storage sites measured in line with the analysis made in the latest available Union- wide ten-year network development plan in electricity, in particular by:
Amendment 1001 #
Proposal for a regulation
Annex IV – point 3 – point b – point i
Annex IV – point 3 – point b – point i
Amendment 1006 #
Proposal for a regulation
Annex IV – point 4 – introductory part
Annex IV – point 4 – introductory part
(4) Concerning projects falling under the category set out in point (1)(d) of Annex II, the criteria listed in Article 4 shall be evaluated as follows: (a) Level of sustainability: This criterion shall be measured by assessing the extent to which the project enables grid to connect, transport and distribute renewable energy and the extent to which the project displaces the need to invest in grid extensions and in generation, as well as with the criteria set out in point (7a). (b) Security of supply: This criterion shall be measured against at least one of the following indicators:the percentage utilisation (i.e. average loading) of electricity network components, the availability of network components (related to planned and unplanned maintenance) and its impact on network performances, the duration and frequency of interruptions, including climate related disruptions. (c) Market integration : This criterion shall be measured by assessing the innovative uptake in system operation and interconnection, as well as the level of integrating other sectors and facilitating new business models and market structures. (d) Network security, flexibility and quality of supply : This criterion shall be measured by assessing the innovative approach to system flexibility, cybersecurity, efficient operability between TSO and DSO level, or among DSOs the capacity to include all flexibility sources, including demand response storage, active customers and electromobility, energy efficiency measures, the cost-efficient use of digital tools and ICT for monitoring and control purposes, the stability of the electricity system and the voltage quality performance. (the criteria in points (a) to (d) are replacing original table: Annex 4, table 4.)
Amendment 1010 #
Proposal for a regulation
Annex IV – point 5 – point a
Annex IV – point 5 – point a
Amendment 1021 #
Proposal for a regulation
Annex IV – point 5 – point c
Annex IV – point 5 – point c
(c) security of supply and flexibility measured by calculating the additional value of the project to the resilience, diversity and flexibility of renewable energy based hydrogen supply.
Amendment 1022 #
Proposal for a regulation
Annex IV – point 6 – introductory part
Annex IV – point 6 – introductory part
(6) concerning smart gas gridheating and cooling projects falling under the category set out in point (2) of Annex II, the criteria listed in Article 4 shall be evaluated as follows:
Amendment 1024 #
Proposal for a regulation
Annex IV – point 6 – point a
Annex IV – point 6 – point a
(a) level of sustainability measured by assessing the share of renewable and low- carbon gases integrated into the gas network, the related greenhouse gas emission savings towards total system decarbonisation and the adequate detection of leakage. : (i) estimating the share of heat and cold generation from renewable energy and /or unavoidable excess heat/cold connected and integrated into the network due to the project; for renewable energy, a comparison must be performed to the planned share of those types of renewable energy sources in the Member States concerned in 2030 according to the National Energy and Climate Plans submitted in accordance with Regulation (EU)2018/1999 of the European Parliament and of the Council; (ii) measuring the system-wide greenhouse gas emission savings towards total system decarbonisation considering inter alia the switch from fossil based to renewable energy based production in existing networks, and improved network efficiency; (iii) measuring compliance with the criteria set out in point 7a (new).
Amendment 1028 #
Proposal for a regulation
Annex IV – point 6 – point b
Annex IV – point 6 – point b
(b) quality and security of supply measured by assessing the ratio of reliably available gas supply and peak demand, the share of importsfossil based energy replaced by local renewable and low-carbon gasesunavoidable excess heat and cold, the stability of system operation, the duration and frequency of interruptions per customer and contribution to thermal storage and conversion; system services through power to heat/cold solutions.
Amendment 1034 #
Proposal for a regulation
Annex IV – point 6 – point c
Annex IV – point 6 – point c
(c) facilitation of smart energy sector integration measured by assessing the cost savings enabled in connected energy sectors and systems, such as the heat and power system, transport and industry.
Amendment 1038 #
Proposal for a regulation
Annex IV – point 7 – point a
Annex IV – point 7 – point a
(a) sustainability measured by assessing the share of renewable hydrogen or hydrogen meeting the criteria defined in point (4) (a) (ii) of Annex IIenergy capacity integrated into the network, and the related greenhouse gas emission savings as well as with the criteria set out in point 7a (new);
Amendment 1040 #
Proposal for a regulation
Annex IV – point 7 – point c
Annex IV – point 7 – point c
(c) the facilitation of smart energy sector integration measured by assessing the cost savings enabled in connected energy sectors and systems, such as the gas, hydrogen, power and heat networks, the transport and industry sectors, and the volume of demand response enabledenabling flexibility services such as demand response and storage by the facilitation of smart energy sector integration through the creation of links to other energy carriers and sectors, measured by assessing the cost savings enabled in connected energy sectors and systems, such as the heat and power system, transport and industry.
Amendment 1042 #
Proposal for a regulation
Annex IV – point 7 a (new)
Annex IV – point 7 a (new)
(7 a) Projects falling under all categories listed in Annex II shall also: (a) reach an average annual utilisation rate above 80 % by the fifth year from the entry into operation and maintain such minimum level until the end of their lifetime; (b) fulfil other sustainability criteria related to the objectives of sustainable use and the protection of resources, including water, the handling of waste and the minimisation of use of raw and secondary materials, pollution prevention and control, the protection and restoration of biodiversity and ecosystems as well as air quality; The analysis of compliance with these criteria can take into consideration indicators and corresponding reference values for the comparison of unit investment costs. In relation to the project contribution to the connection and/or integration of renewable energy and to full life-cycle and system-wide greenhouse gas emission reductions, a comparison between the situation in the absence of the project and the situation in presence of the project, considering its forecast utilisation rate as set out in this point, shall be made.
Amendment 1046 #
Proposal for a regulation
Annex V – point 1
Annex V – point 1
(1) the area for the analysis of an individual project shall cover all Member States and third countries, on whose territory the project is located, all directly neighbouring Member States and all other Member States significantly impacted by the project. For this purpose, ENTSO for electricity and ENTSO for gas shall cooperate with all the relevant system operators in the relevant third countries.
Amendment 1047 #
Proposal for a regulation
Annex V – point 2
Annex V – point 2
(2) each cost-benefit analysis shall include sensitivity analyses for all the integrated scenarios concerning the input data set, the commissioning dates and eventual delays of different projects in the same area of analysis, climate impacts such as increased temperatures and the multiplication of extreme weather events and other relevant parameters.
Amendment 1048 #
Proposal for a regulation
Annex V – point 3
Annex V – point 3
(3) iIt shall define the analysis to be carried out, based on the relevant multi- sectorial input data set by determining the impacts with and without each project through dynamic assessments according to a common methodological approach, including on impacts on investments, to compare situations in which there are competing projects with benefits outweighing the costs.
Amendment 1049 #
Proposal for a regulation
Annex V – point 4
Annex V – point 4
(4) it shall give guidance for the development and use of network and market, market and wider socio-economics modelling necessary for the cost- benefit analysis. The modelling shall allow for a full assessment of economic, including market integration, security of supply and competition, social and environmental and climate impacts, including full life-cycle and system-wide emissions and air quality impacts, including the cross-sectorial impacts. The methodology shall include details on why, what and how each of the benefits and costs are calculated.
Amendment 1053 #
Proposal for a regulation
Annex V – point 5
Annex V – point 5
(5) it shall include and explain how the principle of ‘energy efficiency first principle’ is implemented in all the steps of the ten- Year Network Development Plans, by assessing all relevant non-infrastructure related solutions (i.e. but not limited to demand-side management, market arrangement solutions, implementation of digital solutions, renovation of buildings) and consider them a priority solution whenever they are more cost-efficient on a system-wide perspective than the construction of new supply side infrastructure. It shall set objectives for network operation on energy efficiency.
Amendment 1055 #
Proposal for a regulation
Annex V – point 5 a (new)
Annex V – point 5 a (new)
(5 a) it shall include and explain how the ‘do no significant harm’ principle is implemented in all the steps of the ten- Year Network Development Plan.
Amendment 1056 #
Proposal for a regulation
Annex V – point 5 b (new)
Annex V – point 5 b (new)
(5 b) it include full life cycle emissions of a project from extraction to end use, as well as those resulting from the construction and operation of new infrastructure fully or partly linked and related to it. The costs for the latter shall also be duly included in the CBA of the project benefitting from the related infrastructure.
Amendment 1057 #
(7) it shall, at least, take into account the capital expenditure, operational and maintenance expenditure costs over the assessment lifecycle of the project and decommissioning and waste management costs, where relevant. The methodology shall give guidance on discount ratesIt shall also assess likely employment, GDP, air quality, energy poverty and energy security impacts. The methodology shall give guidance on discount rates, (including an up-to-date realistic discount rate for energy efficiency measures that would accurately reflect capital costs and enabling policies, and not discriminate demand-side measures compared to supply-side infrastructure), assessment lifetime and residual value to be used for the cost- benefit calculations.
Amendment 1060 #
(b) the list of relevant decisions and opinions to be obtained, including decisions and opinions of the representatives of the EIC, and opinions of local authorities and environmental associations;
Amendment 1061 #
Proposal for a regulation
Annex VI – point 1 – point c
Annex VI – point 1 – point c
(c) the names and contact details of the Competent Authority, other authorities and major stakeholders concerned, including representatives of the EIC, local authorities and environmental associations;
Amendment 1062 #
Proposal for a regulation
Annex VI – point 1 – point g
Annex VI – point 1 – point g
(g) modalities in which the competent authority, other authorities concerned and the project promoter shall demonstrate that the opinions expressed in the public consultation were taken into account, for example by showing what amendments were done in the location and design of the project orand by justifying why such opinions have not been taken into account;
Amendment 1063 #
Proposal for a regulation
Annex VI – point 1 – point h
Annex VI – point 1 – point h
(h) as much as possible, translations of its content in all languages of the neighbouring Member States to be realized in coordination with the respective neighbouring Member States;
Amendment 1064 #
Proposal for a regulation
Annex VI – point 1 – point h a (new)
Annex VI – point 1 – point h a (new)
(h a) the recommendation to publish the information in a way that is accessible to the public: via a website, as well as a paper-version accessible to public in the local authorities and a poster announcing the consultation and the modalities of participation in each of the territories concerned by the project;
Amendment 1065 #
Proposal for a regulation
Annex VI – point 1 – point h b (new)
Annex VI – point 1 – point h b (new)
(h b) the requirement on project promoters to publish a “transparency report” accessible to the public, containing at least project description, the promoters presentations used during meetings in Groups, list of participants of the Groups. This report shall contain a detailed justification showing how the projects would contribute to the Union’s 2030 climate and energy targets and the climate neutrality objective. It shall also contain measures taken to ensure the full inclusion and participation of indigenous peoples and marginalised communities;
Amendment 1066 #
Proposal for a regulation
Annex VI – point 3 – point a
Annex VI – point 3 – point a
(a) the stakeholders affected by a project of common interest, including relevant national, regional and local authorities, landowners and citizens living in the vicinity of the project, the general public and their associations, organisations or groups, shall be extensively informed and consulted at an early stageleast 3 months before the application phase , when potential concerns by the public can still be taken into account and in an inclusive, open and transparent manner. Where relevant, the competent authority shall actively support the transparency public participation activities undertaken by the project promoter;
Amendment 1067 #
Proposal for a regulation
Annex VI – point 3 – point b
Annex VI – point 3 – point b
(b) competent authorities shall ensure that public consultation procedures for projects of common interest are grouped together where possible including public consultations already required under national law. Each public consultation shall cover all subject matters relevant to the particular stage of the procedure, and one subject matter relevant to the particular stage of the procedure shall not be addressed in more than one public consultation; however, one public consultation may take place in more than one geographical location. The subject matters addressed by a public consultation shall be clearly indicated in the notification of the public consultation;
Amendment 1068 #
Proposal for a regulation
Annex VI – point 3 – point c
Annex VI – point 3 – point c
(c) comments and objections shall be admissible from the beginning of the public consultation until the expiry of the deadline only; the period of consultation open to the public shall ensure that it does not take place during a period that does not allow for open and inclusive public consultation;
Amendment 1069 #
Proposal for a regulation
Annex VI – point 5 – introductory part
Annex VI – point 5 – introductory part
(5) in the context of the public consultation to be carried out at least 8 weeks before submission of the application file, the relevant parties shall at least:
Amendment 1070 #
Proposal for a regulation
Annex VI – point 5 – point a
Annex VI – point 5 – point a
(a) publish an information leaflet of no more than 15 pages, giving, in a clear and concise manner, an overview of the description, purpose and preliminary timetable of the development steps of the project, the national grid development plan, alternative routes considered, types and characteristics of the potential impacts, including of cross-border or transboundary nature, and possible mitigation measures, which shall be published prior toat least 8 weeks before the start of the consultation; The information leaflet shall furthermore list the web addresses of the website of the project of common interest referred to in Article 9(7), the transparency platform referred to in Article 23 and of the manual of procedures referred to in point (1); this leaflet shall be accessible to the public: at least via a website, as well as a paper- version accessible to the public in the local authorities;
Amendment 1071 #
Proposal for a regulation
Annex VI – point 5 – point b
Annex VI – point 5 – point b
(b) publish the information on the consultation on the website of the project of common interest referred to in Article 9(7), on the bulletin boards of the offices of local administrations, on a one-page poster displayed publicly and, at least, in two local media outlets, at least 8 weeks before the submission of the application file;
Amendment 1073 #
Proposal for a regulation
Annex VI – point 5 – point c
Annex VI – point 5 – point c
(c) invite in written form relevant affected stakeholders, associations, organisations and groups to dedicated meetings, during which concerns shall be discussed;, at least 8 weeks before the submission of the application file.
Amendment 1075 #
Proposal for a regulation
Annex VI – point 5 – point c a (new)
Annex VI – point 5 – point c a (new)
(c a) special attention shall be paid to vulnerable populations, impacted communities and people isolated from access to information. The promoter shall present a notice explaining its consultation process with these populations.
Amendment 1075 #
Proposal for a regulation
Annex III – Part 1 – point 2 a (new)
Annex III – Part 1 – point 2 a (new)
(2a) The bodies hereinafter referred to as the 'Decision-making bodies' are composed of representatives of the EIC, Member States and the Commission. It shall be set-up by the Commission by [entry into force] with a list of stakeholders and activities as detailed in the present Regulation, as well as a decision-making process.
Amendment 1121 #
Proposal for a regulation
Annex IV – point 1 – point g
Annex IV – point 1 – point g
(g) for smart gas grids, a project involves transmission system operators, transmission and distribution system operators or distribution system operators from at least two Member States. Distribution system operators can be involved only with the support of the transmission system operators, of at least two Member States, that are closely associated to the project and ensure interoperabilheating and cooling networks, the project results in avoided cross border infrastructure investments in the concerned Member State, in reduced fuel imports to the Union, and delivers significant heating or cooling capacity.
Amendment 1145 #
Proposal for a regulation
Annex IV – point 5 – point a
Annex IV – point 5 – point a
(a) Sustainability measured as the contribution of a project to : greenhouse gas emission reductions in diffe(i) a reduction of full life-cycle greenhouse gas emissions in the end-use applications, which is greater than the reduction that would have been achieved by alternatives involving energy efficiency and direnct rend-use applications, such as industry or transport;ewable energy use; (ii) a reduction of system-wide greenhouse gas emissions, considering, inter alia, the contribution of the project to additional electricity generation from renewable energy for electrolysis and to reduced emissions obtained from the switch from fossil-based to renewable energy based hydrogen production, as well as from the replacement of fossil based energy through renewable hydrogen for heating and as feedstock; (iii) flexibility and seasonal storage options for renewable electricity generation; or the integration of renewable hydrogen. (iv) compliance with the criteria set out in point (7a).
Amendment 1156 #
Proposal for a regulation
Annex IV – point 5 – point c
Annex IV – point 5 – point c
(c) security of supply and flexibility measured by calculating the additional value of the project to the resilience, diversity and flexibility of renewable energy based hydrogen supply.
Amendment 1161 #
Proposal for a regulation
Annex IV – point 6 – point a
Annex IV – point 6 – point a
(a) level of sustainability measured by assessing the share of renewable and low- carbon gases integrated into the gas network, the related greenhouse gas emission savings towards total system decarbonisation and the adequate detection of leakage. : (i) estimating the share of heat and cold generation from renewable energy, sea water and /or unavoidable excess heat/cold connected and integrated into the network due to the project; for renewable energy, a comparison must be performed to the planned share of those types of renewable energy sources in the Member States concerned in 2030 according to the National Energy and Climate Plans submitted in accordance with Regulation (EU)2018/1999 of the European Parliament and of the Council; (ii) measuring the system-wide greenhouse gas emission savings towards total system decarbonisation considering inter alia the switch from fossil based to renewable energy based production in existing networks, and improved network efficiency; (iii) measuring compliance with the criteria set out in point 7a (new).
Amendment 1182 #
Proposal for a regulation
Annex IV – point 7 a (new)
Annex IV – point 7 a (new)
Amendment 1189 #
Proposal for a regulation
Annex V – point 3
Annex V – point 3
(3) iIt shall define the analysis to be carried out, based on the relevant multi- sectorial input data set by determining the impacts with and without each project through dynamic assessments according to a common methodological approach, including on impacts on investments, to compare situations in which there are competing projects with benefits outweighing the costs.
Amendment 1190 #
Proposal for a regulation
Annex V – point 4
Annex V – point 4
(4) it shall give guidance for the development and use of network and market, market and wider socio-economics modelling necessary for the cost- benefit analysis. The modelling shall allow for a full assessment of economic, including market integration, security of supply and competition, social and environmental and climate impacts, including full life-cycle and system-wide emissions and air quality impacts, including the cross-sectorial impacts. The methodology shall include details on why, what and how each of the benefits and costs are calculated.