Activities of Marie TOUSSAINT related to 2021/0424(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the internal markets for renewable and natural gases and for hydrogen (recast)
Amendments (95)
Amendment 119 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) The continued use of fossil gas puts the global climate but also the EU's climate and energy goals at risk. A fossil gas phase-out by 2035 needs to be pursued. Planning of gas infrastructure should be in line with these objectives and give due consideration to decommissioning in particular of fossil gas infrastructure.
Amendment 127 #
Proposal for a regulation
Recital 3
Recital 3
(3) The European Green Deal and the Climate law set the target for the EU to become climate neutralreduce its greenhouse gas emissions by at least 55% compared to 1990 levels by 20530 in a manner thatand become a net zero emissions economy at the latest by 2050. This Regulation should contributes to European competitiveness, growth and jobs. For a decarbonisedachieving these targets. For a renewable gas markets to be set up and contribute to the energy transition, significantly higher shares of renewable energy sources in an integrated energy system with an active participation of consumers in competitive markets are needed.
Amendment 132 #
Proposal for a regulation
Recital 4
Recital 4
(4) This Regulation aims to facilitate the penetration of renewable and low- carbon gases into the energy system enabling a rapid shift from fossil gas, and to allow these renewable gases - together with the implementation of the energy efficiency first principle leading to energy savings, an increased direct electrification of end-use sectors and other renewables - to play an important role towards achieving the EU’s 2030 climate objectives and climate neutralitynet-zero emissions in 2050. The Regulation aimsshould also aim to set up a regulatory framework that enables and incentivises all market participants to take the transitional role of fossil gas into account while planning their activities to avoid lock-in effects and ensure gradual and timely phase-out of fossil gas notably in all relevant industrial sectors and for heating purpoavoid lock-in effects in fossil gas and ensure its phase-out by 2035 in all sectors of the economy. (Deleting the reference to 'low-carbon' gases applies throughout the text since this Regulation should only be about renewable gases.)
Amendment 136 #
Proposal for a regulation
Recital 8
Recital 8
(8) It is, generally, most efficient to finance infrastructure by revenues obtained from the users of that infrastructure and to avoid cross-subsidies. Moreover, such cross-subsidies would, in the case of regulated assets, be incompatible with the general principle of cost-reflective tariffs. In exceptional cases, such cross-subsidies could nonetheless bring societal benefits, in particular during earlier phases of network development where booked capacity is low compared to technical capacity and uncertainty as to when future capacity demand will materialise is significant. Cross-subsidies could therefore contribute to reasonable and predictable tariffs for early network users and de-risk investments for network operators. Cross-subsidies could thus contribute to an investment climate supportive to the Union’s, decarbonisation objectives. Cross- subsidies should not be financed by network users in other Member States, regardless as to whether directly or indirectly. It is thus appropriate to collect financing for cross-subsidies only from exit points to final customers within the same Member State. Moreover, as cross- subsidies are exceptional, it should be ensured that they are proportional, transparent, limited in time and set under regulatory supervision.
Amendment 145 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) In order to ensure a clear separation between the representation of the interest of natural gas infrastructure operators and its tasks under this Regulation, Regulation (EU) 2022/869, Regulation (EU) No1227/2011 and under the Recast Gas Directive, the ENTSO for Gas shall not engage in policy making or influence the formulation or implementation of policy or legislation, or the decision-making processes of Union institutions.
Amendment 146 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to ensure greater transparency regarding the development, the maintenance and the decommissioning of the fossil gas transmission network in the Union , the ENTSO for Gas should draw up, publish and regularly update ain 2024 a last non- binding Union -wide ten- year network development plan on, which will then basis of a joint scenario e transformed into a Union-wide decommissioning pland the interlinked model (at will be regularly updated. Both the 2024 Union - wide ten-year network development plan). Viable gas transmission networks and necessary regional interconnections, relevant from a commercial or security of supply point of view, should be included in that network development plan. as well as the followed-up decommissioning plans should be developed following a transparent process involving meaningful public consultation, and it shall be based on objective and scientific criteria. To that effect, the ENTSO for Gas should involve independent scientific bodies (such as the European Scientific Advisory Board on Climate Change (ESABCC), established under Regulation (EU) 2021/1119) when elaborating its plans on the basis of a joint scenario and the interlinked model (Union- wide network development / decommissioning plan). The network plans should be based on the implementation of the energy efficiency first principle and a fully integrated energy system. It should contribute to the prudent and rational utilisation of natural resources, the saving of energy and the achievement of the Union’s climate and energy targets, and enable the phase-out of fossil gas by 2035.
Amendment 149 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) In order to improve energy system integration, the Commission should set up a permanent and independent platform involving ACER, the ESABCC and all relevant market participants, including at least the ENTSO for Gas, the ENTSO for Electricity, ENNOH once it is established, and the EU DSO entity, and other relevant stakeholders, including organisations involved in energy efficiency solutions and building renovation, energy communities, local authorities, trade unions and civil society organisations. From 2024, this platform will be responsible for the development of Union-wide network development plans for gas, electricity and hydrogen networks. It shall also draft long-term scenarios in line with the Union net-zero greenhouse gas emissions target for the planning horizon up until 2050.
Amendment 153 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 157 #
Proposal for a regulation
Recital 37
Recital 37
(37) Transparency on transmission system operators allowed or target revenue should be increased to enable benchmarking and an assessment by network users. Increased transparency should also facilitate cross-border cooperation and the setting up of ITC mechanisms between operators either for regional integration or for the implementation of tariff discounts for renewable and low carbon gases as set out in this Regulation.
Amendment 158 #
Amendment 161 #
Proposal for a regulation
Recital 39
Recital 39
Amendment 166 #
Proposal for a regulation
Recital 43
Recital 43
(43) The priority is the production of renewable hydrogen and it should be used in its pure form limited for hard-to- decarbonise applications in the industry and transport sectors. The blending of hydrogen into the natural gas system is a very last resort solution, as it is less efficient compared to using hydrogen in its pure form and diminishes the value of hydrogen. It also affects the operation of gas infrastructure, end-user applications, and the interoperability of cross-border systems. The Member States’ decision on whether to appl, if any. Blending hydrogen into the natural gas system should not be used to increase the volumes transported or stored in the gas system and to prolong the lifetime of fossil gas infrastructure beyond 2035. Costs of gas transmission and distribution system operators incurred by blending hydrogen into their national natural gas systems should be presetworks should not be considerved. At t when same time, a harmonised approach onetting and approving network tariffs. Although the Member States’ decision on whether to apply blending hydrogen into the naturional gas system in the form of a Union-wide allowed caps should be preserved, this Regulation should promote the most efficient uses for hydrogen. In this context, there should be no blending obligation at cross-border interconnection points between Union Member States, where transmission system op in ordera tors have to accept natural gas with a blended hydrogen level below the cap, would limit the risk of market segmentation. Adjacent transmission systems should remain free to agree on higher hydrogen blending levels for avoid in particular financial and technical burdens for consumers due to blending challenges but also potential gas- flow disputes at cross-border pointerconnection points as a consequence of differing gas qualities.
Amendment 172 #
Proposal for a regulation
Recital 48
Recital 48
(48) Until the ENNOH is established, a temporary platform should beENNOH should be part of a permanent platform set up under the lead of the Commission with the involvement of ACER, the ESABCC and all relevant market participants, including the ENTSO for Gas, the ENTSO for Electricity and the EU DSO entity. TUntil the ENNOH is established, this platform should support early work on scoping and developing issues relevant for the building up of the hydrogen network and markets without formal decision-making powers. The platform should be dissolved once ENNOH is established. Until the ENNOH is established, the ENTSO for Gas will be responsible for. When the ENNOH is instituted, this platform should help in the development of Union- wide integrated energy network development plans, including hydrogen networks.
Amendment 178 #
Proposal for a regulation
Recital 69
Recital 69
(69) The analysis of the functioning of the storage capacities in the regional common risk assessments should be based on objective assessments of the needs for the security of supply, duly taking into account cross-border cooperation and the solidarity obligations under this Regulation. It should also take into account the full potential of the energy efficiency policies and energy savings and importance of avoiding stranded assets in the clean energy transition and the goal of reducending the dependency of the Union to external fossil fuels providers. The analysis should include an assessment of the risks linked to direct or indirect ownership or the control of storage infrastructure by third country entities. The analysis should take into account the possibility to use storage facilities in other Member States and for transmission system operators to set up joint procurement of strategic stocks for emergency situations provided that the conditions of this Regulation are respected. The regional common risk assessments and national risk assessments should be consistent with each other in order to identify the measures of the national preventive and emergency plans in compliance with this Regulation ensuring that any measures taken do not harm the security of supply of other Member States and do not unduly hinder the effective functioning of the gas market. For instance they should not block or restrict the use of cross-border transport capacities.
Amendment 180 #
Proposal for a regulation
Recital 71
Recital 71
Amendment 184 #
Proposal for a regulation
Recital 72
Recital 72
(72) The European energy sector is undergoing an important change towards a decarbonisedhighly efficient and fully renewable economy, while ensuring security of supply and competitiveness. While cybersecurity in the electricity sub- sector is already advancing with a network code on cross-border electricity flow, sector- specific mandatory rules for the gas sub- sector are needed to ensure security of the European energy system.
Amendment 186 #
Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(a a) encourages preventive measures reducing fossil gas demand through the implementation of the energy efficiency first principle leading to energy savings, increased direct electrification as part of a fully integrated energy system, and increased of renewable sources of energy;
Amendment 195 #
Proposal for a regulation
Article 2 – paragraph 1 – point 38 a (new)
Article 2 – paragraph 1 – point 38 a (new)
(38 a) ‘natural gas’ means renewable gases that can technically and safely be injected into, and transported through, the natural gas system;
Amendment 196 #
Proposal for a regulation
Article 2 – paragraph 1 – point 38 a (new)
Article 2 – paragraph 1 – point 38 a (new)
(38 a) ‘gases’ means fossil gas, natural gas and hydrogen;
Amendment 197 #
Proposal for a regulation
Article 2 – paragraph 1 – point 38 b (new)
Article 2 – paragraph 1 – point 38 b (new)
(38 b) ‘fossil gas’ means gas of fossil origin that primarily consist of methane;
Amendment 198 #
Proposal for a regulation
Article 2 – paragraph 1 – point 38 c (new)
Article 2 – paragraph 1 – point 38 c (new)
(38 c) ‘renewable gas’ means biogas produced from waste and residue feedstock as listed in Annex IX - Part A of Directive 2018/2001, including biomethane, and renewable gaseous fuels part of fuels of non-biological origins (‘RFNBOs’) as defined in Article 2, point (36) of that Directive, which meets a life- cycle greenhouse gas emission reduction threshold of 80% compared to the fossil fuel comparator of 66g CO2eq/MJ and comply with other requirements specified in the recast Gas and Hydrogen Directive as proposed in COM(2021)0803;
Amendment 199 #
Proposal for a regulation
Article 2 – paragraph 1 – point 38 d (new)
Article 2 – paragraph 1 – point 38 d (new)
(38 d) 'hydrogen’ or ‘renewable hydrogen’ means hydrogen produced from renewable electricity or from fuels that are renewable liquid or gaseous fuels of non-biological origin, as defined in Article 2, second paragraph, point 36 of Directive (EU) 2018/2001;
Amendment 224 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Securing a transition towards an energy efficient and fully renewables based economy In order to decrease dependence on fossil fuels and to safeguard the energy security of supply, both the Union and each Member State shall ensure the phase out of its fossil gas consumption and the decommissioning of related infrastructure assets by 2035 at the latest, in line with the energy efficiency first principle, the transition towards an energy efficient and fully renewables based economy and the Union net-zero greenhouse gas emissions objective.
Amendment 232 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 260 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 268 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 287 #
Proposal for a regulation
Article 8 – title
Article 8 – title
8 Market assessment for renewable and low carbon gases by LNG and storage system operators (This amendment applies throughout the text.)
Amendment 292 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
LNG and storage system operators shall, at least every two years, assess market demand for new investment allowing the use of renewable and low carbon gases in the facilities. When planning new investments, LNG and storage system operators shall assess market demand and take into account security of supply. LNG and storage system operators shall make publicly available any plans regarding new investments allowing the usage of renewable and low carbon gases in their facilities. (This amendment applies throughout the text)
Amendment 302 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Tariffs, or the methodologies used to calculate them, shall facilitate efficient gas trade and competition, while at the same time avoiding cross-subsidies between network users and providing incentives for investment and maintaining or creating interoperability for transmission networks. They shall avoid creating incentives for the practice of blending hydrogen into the natural gas system for the purpose of increasing the volumes of gases transported or stored in the natural gas system and/or to prolong the lifetime of natural gas infrastructure beyond 2035. Costs of gas transmission and distribution system operators incurred by blending hydrogen into their networks should not be considered when setting and approving network tariffs.
Amendment 307 #
Proposal for a regulation
Article 16
Article 16
Amendment 351 #
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1 a. This Article shall not apply for gas flows with hydrogen blended into the natural gas system.
Amendment 368 #
Proposal for a regulation
Article 20
Article 20
Amendment 381 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
All fossil gas transmission system operators shall cooperate at Union level through the European Network of Transmission System Operators for Gas (the ENTSO for Gas), in order to promote the completion and functioning, functioning, including maintenance, replacement and decommissioning of the relevant infrastructures by 2035 at the latest, of the internal market in naturafossil gas and cross- border trade and to ensure the optimal management, coordinated operation and sound technical evolution of the natural gas transmission network.
Amendment 384 #
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
The ENTSO for Gas shall carry out its tasks under this Regulation, Regulation (EU) 2022/869, Regulation (EU) No1227/2011 and under the Recast Gas Directive exclusively by providing technical expertise. The ENTSO for Gas shall not engage in policy making or influence the formulation or implementation of policy or legislation, or the decision-making processes of Union institutions.
Amendment 391 #
Proposal for a regulation
Article 23 – paragraph 3 – introductory part
Article 23 – paragraph 3 – introductory part
3. The ENTSO for Gas shall adoptpublish:
Amendment 393 #
Proposal for a regulation
Article 23 – paragraph 3 – point b
Article 23 – paragraph 3 – point b
(b) by 31 December 2024 at the latest, a non-binding Union -wide ten-year network development plan ( Union -wide network development plan), including a European supply adequacy outlook, every two yearsin line with the phase out of Union fossil gas consumption and the decommissioning of related infrastructure assets by 2035 at the latest as laid down in Article [3a];
Amendment 397 #
Proposal for a regulation
Article 23 – paragraph 3 – point b a (new)
Article 23 – paragraph 3 – point b a (new)
(b a) by 31 December 2026 at the latest and every two years thereafter, the plan referred to in point (b) shall be transformed into a non-binding Union- wide network decommissioning plan in line with the phase out of Union fossil gas consumption and the decommissioning of related infrastructure assets by 2035 at the latest as laid down in Article [3a];
Amendment 398 #
Proposal for a regulation
Article 23 – paragraph 3 – point b b (new)
Article 23 – paragraph 3 – point b b (new)
(b b) a climate impact assessment covering the lifecycle of the proposed infrastructure;
Amendment 403 #
Proposal for a regulation
Article 23 – paragraph 3 – point g
Article 23 – paragraph 3 – point g
Amendment 407 #
Proposal for a regulation
Article 23 – paragraph 3 – point h
Article 23 – paragraph 3 – point h
Amendment 411 #
Proposal for a regulation
Article 23 – paragraph 3 – point h a (new)
Article 23 – paragraph 3 – point h a (new)
(h a) cooperate closely with the ESABCC to ensure that the ten-year network development plan is compatible with the Union’s climate targets.
Amendment 414 #
Proposal for a regulation
Article 23 – paragraph 4 – introductory part
Article 23 – paragraph 4 – introductory part
4. The European supply adequacy outlook referred to in paragraph 3, point (b), shall cover the overall adequacy of the natural gas system to supply current and projected demands for fossil gas for the next five-year period as well as for the period between five and 10 years from the date of that outlook. The European supply adequacy outlook shall build on national supply outlooks prepared by each individual transmission system operator. .
Amendment 415 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The Union-wide network development plan referred to in paragraph 3, point (b), shallmay 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 systemenergy system in line with the net-zero greenhouse gas emissions target of the Union. This plan shall be in line with the net-zero greenhouse gases emissions target of the Union and with Article 29. The plan shall promote and implement the energy efficiency first principle and energy system integration, contribute to the prudent and rational utilisation of natural resources, energy savings, and enable the phase-out of Union fossil gas consumption and the decommissioning of related infrastructure assets by2035 at the latest as laid down in Article [3a].
Amendment 417 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1 a (new)
Article 23 – paragraph 4 – subparagraph 1 a (new)
The Union-wide network decommissioning plan referred to in paragraph 3, point (ba) shall be developed in accordance with the modelling of the energy system integration referred to in Article 29 and the long-term scenario referred to in Article 41, paragraph 1a.
Amendment 432 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. 1. While preparing any of the documents referred to in Articles 22 and 23, including the network codes, the draft Union -wide network development plan and the annual work programme referred to in Article 23(1), (2) and (3), the Union-wide network decommissioning plan and the annual work programme, the ENTSO for Gas shall conduct an extensive consultation process, at an early stage and in an open and transparent manner, involving all relevant market participantstakeholders, and, in particular, the organisations representing all stakeholders, in accordance with the rules of procedure referred to in Article 22(1). That consultation shall also involve national regulatory authorities and other national authorities, supply and production undertakings, network users including customers, distribution system operators, including relevant industry associations, technical bodies and stakeholder platforms, civil society (including environmental, trade unions and consumer non-governmental organisations) and stakeholder platforms. The ENTSO for Gas shall always publish drafts of the documents referred to in Articles 22 and 23 for comment by the stakeholders and provide sufficient time for the stakeholders to effectively participate. It shall aim at identifying the views and proposals of all relevant parties during the decision- making process.
Amendment 434 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Before adopting the annual work programme and the network codeany of the documents referred to in Articles 23 (1), (2)2 and (3)23, the ENTSO for Gas shall indicate how the observations received during the consultation have been taken into consideration. It shall provide reasons where observations have not been taken into account.
Amendment 442 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Amendment 449 #
Proposal for a regulation
Article 29 – paragraph 2 – point b a (new)
Article 29 – paragraph 2 – point b a (new)
(b a) identify investment needs for decommissioning gas transmission and distribution networks, in particular networks for fossil gas, in light of falling gas demand in the Union;
Amendment 451 #
Proposal for a regulation
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
(c) identify investment gaps, notably with respect to crin particular for demand-side solutions and other interventions which do not require network investment, in each case supported by a cosst-border capacities.enefit analysis consistent with the methodologies set forth in Article 11 of Regulation EU 2022/869;
Amendment 453 #
Proposal for a regulation
Article 29 – paragraph 2 – point c a (new)
Article 29 – paragraph 2 – point c a (new)
(c a) further energy system integration, promote and implement the energy efficiency first principle, and contribute to achieving the Union’s climate and energy targets.
Amendment 460 #
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29 a Network decommissioning plan By 31 December 2026 and every two years thereafter, the ENTSO for Gas shall publish and submit to ACER and ESABCC a draft Union-wide network decommissioning plan referred to in Article 23 paragraph 3, point (ba). Within three months of its publication, ACER and ESABCC shall assess compliance of the draft Union-wide network decommissioning plan with the phase out of Union fossil gas consumption and the decommissioning of related infrastructure assets by 2035, and with the national net- zero infrastructure plans across Member States. The Commission, taking into account the assessment by ACER and ESABCC shall adopt the plan within three months or task the ENTSO for Gas to amend it. The Union-wide network decommissioning plan shall, in particular: a) demonstrate compatibility with the Union’s climate targets set by Regulation (EU) 2021/1119, as well as the energy efficiency targets in the [recast Energy Efficiency Directive as proposed in COM/2021/558], the renewable energy target [RED] and the 2035 Unionfossil gas consumption phase-out date b) build on TSOs plans to undertake maintenance and replacement of their network between 2024 and 2035; c) integrate the infrastructures that will be decommissioned as listed in the various “Net Zero Infrastructure Plans” developed by the National Regulatory Authorities, in accordance with articles 51 and 71 as [recast Gas Directive as proposed in COM(2021)xxx]. d) regarding cross-border interconnections, also build on the reasonable needs of different network users and integrate long-term commitments from investors referred to in Articles 56 and 52 of [recast Gas Directive as proposed in COM(2021)xxx] ; and e) identify investment needs for decommissioning gas transmission and distribution networks, in particular networks for fossil gas, in light of falling gas demand in the Union.
Amendment 470 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Where distribution system operators are responsible for gas quality management in their networks, they shall make public detailed information regarding the quality of the gases transported in their networks, which might affect network users, based on Articles 16 and 17 of Commission Regulation (EU) 2015/703.
Amendment 471 #
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1a. The development of a distribution system shall be based on a transparent network development plan that the distribution system operator shall publish at least every two years and shall submit to the regulatory authority. The network development plan shall provide transparency on the medium and long- term gas services needed, and shall set out the planned investments and decommissioning for the next five-to-ten years. These plans must consider scenario-based gas demand projections, electrification rates, EU climate and energy targets, demand response, energy efficiency and energy savings, energy storage facilities, or other alternatives to gaseous energy carriers.
Amendment 472 #
1b. The distribution system operator shall consult consumers, local authorities, relevant transmission system operators and other stakeholders, including trade unions, on the network development plan. The distribution system operator shall publish the results of the consultation process along with the network development plan, and submit the results of the consultation and the network development plan to the regulatory authority. The regulatory authority may request amendments to the plan.
Amendment 473 #
Proposal for a regulation
Article 35 – paragraph 1 c (new)
Article 35 – paragraph 1 c (new)
1c. Member States may decide not to apply the obligation set out in paragraph 2 to DSOs which serve less than 100 000 connected customers.
Amendment 527 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Hydrogen network operators shall cooperate at Union level through the European Network of Network Operators for Hydrogen (ENNOH), in order to promote the development and functioning of the internal market in hydrogen and cross-border trade and to ensure the optimal management, coordinated operation and sound technical evolution of the European hydrogen network, as well as to ensure that hydrogen network planning and operation is compatible with the Union’s climate targets set by Regulation (EU) 2021/1119 and the energy efficiency targets in the [recast Energy Efficiency Directive as proposed in COM/2021/558].
Amendment 528 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. In performing its functions under Union law, the ENNOH shall act with a view to establishing a well-functioning and integrated energy system, including internal market for hydrogen and shall contribute to the efficient and sustainable achievement of the objectives set out in the policy framework for climate and energy, in particular by contributing to the efficient integration of hydrogen produced from renewable energy sources and to increases in energy efficiency while maintaining system security. The ENNOH shall be equipped with adequate human and financial resources to carry out its duties.
Amendment 529 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. By 1 September 2024, the hydrogen network operators shall submit to the Commission and to ACER the draft statutes, a list of members and draft rules of procedure, including the rules of procedures on the consultation of stakeholders, of the ENNOH to be established. The board of the ENNOH shall include at least one representative of the ESABCC. The draft statutes of the hydrogen network operators shall ensure balanced representation of all hydrogen network operators, including those solely owning or operating hydrogen networks. The draft members list shall not include entities whose main (<50%) activities / profits are generated through transport, extraction, trade/selling of fossil fuels in order to avoid conflicts of interest that can slow the transition of the energy system.
Amendment 530 #
Proposal for a regulation
Article 40 – paragraph 4
Article 40 – paragraph 4
4. TOnce the ENNOH is established, the hydrogen network operators shall publish and submit to the Commission and to ACER any draft amendments to the statutes, list of members or rules of procedure of the ENNOH.
Amendment 531 #
Proposal for a regulation
Article 40 – paragraph 5
Article 40 – paragraph 5
5. Within four months of receipt of the drafts and the draft amendments to the statutes, list of members or rules of procedure, ACER, after consulting the public and the stakeholders referred to in Article 45, paragraph 1, organisations representing all stakeholders, in particular the system users, including customers, shall publish and provide an opinion to the Commission on these drafts or draft amendments to the statutes, list of members or rules of procedure.
Amendment 532 #
Proposal for a regulation
Article 40 – paragraph 6
Article 40 – paragraph 6
6. The Commission shall publish and deliver an opinion on the drafts and draft amendments to the statutes, list of members or rules of procedure taking into account ACER’s opinion as provided for in paragraph 5 and within three months of receipt of ACER’s opinion.
Amendment 533 #
Proposal for a regulation
Article 40 – paragraph 7 a (new)
Article 40 – paragraph 7 a (new)
7 a. The ENNOH shall publish, on a public platform, its internal rules, an updated list of member organisations, regularly updated information on the progress of work, meeting agendas, meeting participant lists as well as meeting minutes.
Amendment 536 #
Proposal for a regulation
Article 41 – title
Article 41 – title
Transition to the ENNOH and Permanent platform
Amendment 537 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Until the ENNOH is established in line with Article 40, tThe Commission wishall set up a temporarypermanent platform involving ACER, the ESABCC and all relevant market participants, including at least the ENTSO for Gas, the ENTSO for Electricity and, the ENNOH, the EU DSO entity and ensures its administrative support. This platform will promote work on scoping and developing issues relevant for the building up of the hydrogen network and markets. The platform will cease to exist once ENNOH is established. other relevant stakeholders, including organisations involved in energy efficiency and energy savings solutions and building renovation, energy communities, local authorities, trade unions and civil society organisations. Representation in this platform shall be balanced and participants shall have equal rights in decision making. The Commission shall ensure its administrative support. Until the ENNOH is established, this platform will promote work on scoping and developing issues relevant for the building up of the hydrogen network and markets and shall in particular: (a) conduct a cost-benefit analysis of different hydrogen applications and making recommendations on infrastructure development that best serves those needs, based on different renewable hydrogen production and import scenarios, (b) evaluate whether hydrogen blending is a cost-effective emissions reduction option, taking into account the limited availability of renewable hydrogen and existing alternative solutions, in particular electrification, and (c) evaluate whether a ban on connecting households to hydrogen distribution grids or a ban on blending is needed to ensure sufficient availability for industrial and transport sector applications.
Amendment 540 #
Proposal for a regulation
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
1 a. After having conducted an extensive consultation process involving the Commission and at least the organisations representing all relevant stakeholders, the permanent platform referred to in paragraph 1 shall develop broad long-term scenarios in line with the Union net-zero emission target for the planning horizon up until 2050. The long-term scenarios shall: a) take as a starting point the revised Union 2030 climate and energy targets and set out the path for infrastructure scenarios necessary to achieve the climate neutrality objective as soon as possible in line with the need to limit global temperature increase to 1,5°C, also taking into account the latest available Commission scenarios; b) be based on the Member States’ energy efficiency, energy savings and renewable energy potential, and interlink with their National Energy and Climate Plans; c) set binding network development targets and intermediate steps to be achieved every 5 years in a cycle aligned to the UNFCCC ratchet-up mechanism; d) be drafted and updated incoherence with the Ten-Year-Network-Development- Plan as described in Article 12of [reg EU 2022/869 new TEN E]; e) be published with the corresponding input and output data in a sufficiently accurate form, allowing for transparency while taking due account of applicable legal requirements, including on confidentiality.
Amendment 541 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Until the ENNOH is established, the ENTSO for Gas wi in line with Article 40, the platform referred to in paragraph 1 shall be responsible for the development of Union-wide network development plans for gas and hydrogen networks. In carrying out this task ENTSO for Gas shall ensure the effective consultationAfter the ENNOH is established, it will become a member of this platform. The platform shall accompany the development of and inclusion of all market participants, including hydrogen market participantstegrated energy (electricity, gas and hydrogen) network plan in line with the Union net-zero climate target, in an advisory capacity thereafter.
Amendment 545 #
Proposal for a regulation
Article 42 – paragraph 1 – point a
Article 42 – paragraph 1 – point a
(a) develop network codes in the areas set out in Article 54 with a view to achieving the objectives set out in Article 40 and a climate impact assessment covering the lifecycle of the proposed infrastructure;
Amendment 553 #
Proposal for a regulation
Article 42 – paragraph 1 – point j a (new)
Article 42 – paragraph 1 – point j a (new)
Amendment 557 #
Proposal for a regulation
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
1. The Union-wide ten-year network development plan referred to in Article 42 shall include the modelling of the integrated network, scenario development and an assessment of the resilience of the system. and a climate impact assessment covering the lifecycle of the proposed infrastructure.
Amendment 562 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 – point c a (new)
Article 43 – paragraph 1 – subparagraph 1 – point c a (new)
(c a) be compliant with the Union’s climate and energy efficiency objectives and take into account alternatives to using hydrogen in hard-to-abate sectors where the cost-benefit analysis conducted by the platform referred to in Article 41 shows little value for hydrogen use.
Amendment 564 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 – point c b (new)
Article 43 – paragraph 1 – subparagraph 1 – point c b (new)
(c b) be part of an integrated energy (electricity, gas and hydrogen) network plan in line with the Union net-zero climate target.
Amendment 567 #
Proposal for a regulation
Article 43 – paragraph 2 a (new)
Article 43 – paragraph 2 a (new)
2 a. The ESABCC shall provide an opinion on the national hydrogen network development reports to assess their consistency with the Union’s energy and climate targets and the cost-benefit analysis of different hydrogen applications referred to in Article 41.
Amendment 569 #
Proposal for a regulation
Article 43 – paragraph 3
Article 43 – paragraph 3
3. When developing the Union-wide ten-year network development plan as referred to in Article 42, the ENNOH shall cooperate with the ENTSO for Electricity and with the ENTSO for Gasplatform referred to in Article 41, in particular on the development of the energy system wide cost-benefit analysis and the interlinked energy market and network model including electricity, gas and hydrogen transport infrastructure as well as storage, the Union’s climate and energy efficiency objectives, LNG and hydrogen terminals and electrolysers referred to in Article 11 [TEN-E revision], the scenarios for the Ten-Year Network Development Plans referred to in Article 12 [TEN-E revision] and the infrastructure gaps identification referred to in Article 13 [TEN-E revision].
Amendment 610 #
Proposal for a regulation
Article 60
Article 60
Amendment 624 #
Proposal for a regulation
Article 67 – paragraph 1 – point 1
Article 67 – paragraph 1 – point 1
Regulation (EU) 2017/1938
Article 1
Article 1
This Regulation establishes provisions aiming to safeguard the security of gas supply in the Union by ensuring the proper and continuous functioning of the internal market in natural gasfossil and renewable and low carbon gases (‘gas’), by allowing for exceptional measures to be implemented when the market can no longer deliver the gas supplies required, including solidarity measure of a last resort, and by providing for the clear definition and attribution of responsibilities among naturafossil gas undertakings, the Member States and the Union regarding both preventive action and the reaction to concrete disruptions of gas supply.; This Regulation also encourages preventive measures that reduce gas demand, including measures enhancing energy efficiency and increasing the share of renewable energy, in order to decrease the Union's dependence on gas imports.
Amendment 630 #
Proposal for a regulation
Article 67 – paragraph 1 – point 4 – point a
Article 67 – paragraph 1 – point 4 – point a
Regulation(EU) 2017/1938
Article 7, paragraph 1
Article 7, paragraph 1
1. The simulation shall include the identification and assessment of emergency gas supply corridors and shall also identify which Member States can address identified risks, including in relation to storage and LNG. The simulation shall also include scenarios examining ways to decrease the gas demand through energy savings and energy efficiency measures in order to lower the identified risks.
Amendment 631 #
Proposal for a regulation
Article 67 – paragraph 1 – point 4 a (new)
Article 67 – paragraph 1 – point 4 a (new)
Regulation (EU) 2017/1938
Article 7, paragraph 4, point (ba) (new)
Article 7, paragraph 4, point (ba) (new)
(4 a) In para 4, point (ba) is added: Running scenarios on the positive impact of decreased gas consumption on lowering the national and transnational risks and identifying the potential of achieving decreased gas consumption through energy savings and energy efficiency measures.
Amendment 632 #
Proposal for a regulation
Article 67 – paragraph 1 – point 6
Article 67 – paragraph 1 – point 6
Regulation (EU) 2017/1938
Article 7a (new)
Article 7a (new)
Member States shall take appropriate preventive and emergency measures, including energy savings and energy efficiency measures. These measures have to take into account the results of the most recent Union wide simulation of disruption scenarios foreseen in Article 7 and need to be appropriate to address the risks identified in the common and national risk assessments.
Amendment 634 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7b, paragraph 1
Article 7b, paragraph 1
1. Member States shall ensure the use of the existing infrastructure at national and regional level, for the benefit of the security of supply in an efficient way. In particular, Member States shall enable the cross border exchange of gas and cross border access to storage and LNG. When ensuring the use of existing infrastructure, Member States shall apply the energy efficiency first principle pursuant to [Article 3 Energy Efficiency Directive recast], and ensure more efficient conversion, transmission and distribution and storage of gas, whilst still achieving the objectives this Regulation.
Amendment 635 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7b, paragrph 2
Article 7b, paragrph 2
2. The common risk assessments and any subsequent updates shall include an analysis of the adequacy of the capacity of storage facilities available in the region, on the functioning of the storage capacities and their contribution to security of supply of the Union, including risks related to the direct or indirect ownership or control of storage infrastructure relevant for the security of gas supply by third- country entities. This analysis shall compare the role of gas storages with alternative measures such as investments in energy efficiency and renewables. country entities. The common risk assessments and any subsequent updates shall identify energy savings and energy efficiency measures, including an implementation plan for these measures, to lower the risk for security of supply and to lower the need to extend the capacity of existing gas networks, gas infrastructure or gas storage infrastructure. This analysis shall compare the role of gas storages with alternative measures such as investments in energy efficiency and renewables. When comparing the role of gas storages with alternative measures such as energy savings, investments in energy efficiency, before taking or approving any investment decision into the refurbishment or development of gas infrastructure (incl. gas storages), Member States need to provide evidence that the refurbishment or development of infrastructure is more efficient than implementing energy savings and energy efficiency measures. The evidence shall be based on cost- benefit methodologies that allow proper assessment of wider benefits of energy efficiency solutions from the societal perspective, taking also into account the risk of stranded investments.
Amendment 638 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7b, paragraph 3, point da) (new)
Article 7b, paragraph 3, point da) (new)
d a) adopting an implementation plan for energy savings and energy efficiency measures;
Amendment 639 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7b, paragraph 3, point db) (new)
Article 7b, paragraph 3, point db) (new)
Amendment 640 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7b, paragraph 3, last sub–paragraph
Article 7b, paragraph 3, last sub–paragraph
Such measures shall be applied to any storage facility, including storage sites controlled by third-country entities, and be subject to consultation in the relevant risk group, in particular on how the measures address the risks identified in the common risk assessment.
Amendment 643 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Amendment 644 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Regulation( EU) 2017/1938
Article 7d (new)
Article 7d (new)
Amendment 646 #
Amendment 652 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Regulation( EU) 2017/1938
Article 7d (2) (new)
Article 7d (2) (new)
Amendment 655 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Regulation( EU) 2017/1938
Article 7d (3) (new)
Article 7d (3) (new)
Amendment 656 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7e (new)
Article 7e (new)
Amendment 657 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7e (new)
Article 7e (new)
Amendment 658 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7e (new)
Article 7e (new)
Amendment 659 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7 e a (new)
Article 7 e a (new)
Amendment 667 #
Proposal for a regulation
Article 67 – paragraph 1 – point 16 a (new)
Article 67 – paragraph 1 – point 16 a (new)
Regulation (EU) 2017/1938
Article 22
Article 22
(16 a) Article 2, points (27) to (31), Articles 6a to 6d, Article 16(3), Article 17a, Article18a, Article 20(4), and Annexes Ia and Ib shall apply until 31 July 2024.
Amendment 668 #
Proposal for a regulation
Article 67 – paragraph 1 – point 16 b (new)
Article 67 – paragraph 1 – point 16 b (new)
Regulation (EU) 2017/1938
Annex IV
Annex IV
(16 b) Annex IV is amended as follows: (a) in section 1, the following point (g) is added: (g) 'a description of energy efficiency and energy savings potential to be tapped in order to lower the risk for security of supply and to lower the need to extend the capacity of existing gas networks, gas infrastructure or gas storage infrastructure.' (b) in section 3., subsection 'Analysis', point (c) is replaced by the following: '(c) set a list of relevant risk scenarios in accordance with the sources of risks, including scenarios that analyse the positive impact of energy savings and energy efficiency measures, and describe how the selection was made;' (c) section 4, paragraph 1 is amended as follows: (i) introductory part is replaced by the following: 'Analyse the set of relevant risk scenarios identified under point 3, including scenarios that analyse the positive impact of energy savings and energy efficiency measures. In the simulation of risk scenarios include the existing security of gas supply measures, such as, the infrastructure standard calculated using the N – 1 formula as set out in point 2 of Annex II, if appropriate, and the gas supply standard. Per risk scenario:' (ii) the following point is added: '(c) describe in detail how the implementation of energy savings and energy efficiency measures lowers the risks for security of supply.'
Amendment 669 #
Proposal for a regulation
Article 69 – paragraph 2 a (new)
Article 69 – paragraph 2 a (new)
However, Article 23.3, point (b) shall apply until 31 December 2024 and Article 23.3, point (ba) shall apply until 31 December 2034. .