2021/0424(COD) | [ParlTrack]

Proposal for a regulation
Recital 2 a (new)

(2a) An energy supply diversification strategy must be introduced through mutually advantageous forms of cross- border cooperation and solidarity, care being taken not to replace current dependencies with new dependencies on third parties and to safeguard economic, social, and environmental standards that are important to states and their peoples, such as control of energy prices and service quality, workers' rights and ecological sustainability.

Amendment 119 #

Proposal for a regulation
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 120 #

Proposal for a regulation
Recital 2 b (new)

(2b) Security of energy supply, a sensitive issue of central importance, must not be dependent on market contingencies, which in practice constitute a threat to it, rapidly driving up in energy prices.

Amendment 121 #

Proposal for a regulation
Recital 2 c (new)

(2c) Reversal of the trend towards privatisation and deregulation, which is all the more important against the current backdrop, should once more give the state public control of the energy sector, encompassing production, distribution, infrastructure, networks and storage.

Amendment 122 #

Proposal for a regulation
Recital 2 d (new)

(2d) An energy supply diversification strategy must favour less pollutant extraction, transport, production, distribution and storage techniques and solutions that are also conducive to a sustainable ecological balance.

Amendment 123 #

Proposal for a regulation
Recital 2 e (new)

(2e) Condemns the conclusion of energy supply agreements involving energy resources plundered by a third country from the territory of another.

Amendment 124 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Recital 2 f (new)

(2f) The energy transition process must safeguard, workers' rights, ensuring that they are fully factored into the new energy supply structures and guaranteeing their employment contracts and remuneration.

Amendment 125 #

Proposal for a regulation
Recital 3

(3) The European Green Deal and the Climate law set the target for the EU to reduce its emissions by at least 55% compared to 1990 levels by 2030 and become climate neutral by 2050 in a manner that contributes to European competitiveness, growth and jobs. This Regulation should contribute to achieving these targets. For a decarbonised 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 126 #

Klemen GROŠELJ, Christophe GRUDLER, Martin HOJSÍK, Claudia GAMON, Nils TORVALDS

Proposal for a regulation
Recital 3

Amendment 127 #

Klemen GROŠELJ, Christophe GRUDLER, Martin HOJSÍK, Claudia GAMON

Proposal for a regulation
Recital 3

(3) The European Green Deal and the Climate law set the target for the EU to ~~become climate neutral~~reduce its greenhouse gas emissions by at least 55% compared to 1990 levels by 20530 ~~in a manner that~~and become a net zero emissions economy at the latest by 2050. This Regulation should contributes to ~~European competitiveness, growth and jobs. For a decarbonised~~achieving 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 128 #

Proposal for a regulation
Recital 4

(4) This Regulation aims to facilitate decarbonised, efficient and integrated energy systems consistent with the Commission’s energy system integration strategy and hydrogen strategy published in July 2020, and the Commission’s recommendation on the energy efficiency first principle published in September 2021. These initiatives call for transitioning to a more circular energy system with energy efficiency at its core, a greater direct electrification of end-use sectors, prioritising demand-side solutions whenever they are more cost-effective than investments in energy infrastructure, and using renewable fuels, including hydrogen, for end-use applications where electrification is not feasible, not efficient or have higher costs. Accordingly, the penetration of renewable and low- carbon gases into the energy system enabling a shift from fossil gas, and to allow these new gases to play an important role towards achieving the EU’s 2030 climate objectives and climate neutrality in 2050. The Regulation aims also to set up a regulatory framework that enables and incentivises all market participants to take the transitional role of fossil gas into account while planning their activities to avoid lock-in effects and ensure gradual and timely phase-out of fossil gas notably in all relevant industrial sectors and for heating purposes.

Amendment 129 #

Proposal for a regulation
Recital 4

(4) This Regulation aims to facilitate the penetration of renewable and low- carbon gases into the energy system enabling a shift from fossil gas, and to allow these new gases to play an important role towards achieving the EU’s 2030 climate objectives and climate neutrality in 2050. Member States shall ensure that at the early stages of the hydrogen market, the supply of hydrogen is prioritised to sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.The Regulation aims also to set up a regulatory framework that enables and incentivises all market participants to take the transitional role of fossil gas into account while planning their activities to avoid lock-in effects and ensure gradual and timely phase-out of fossil gas notably in all relevant industrial sectors and for heating purposes.

Amendment 130 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Recital 4

(4) This Regulation aims to facilitate the penetration of renewable and low- carbon gases into the energy system enabling a shift from fossil gas, and to allow these new gases to play an important role towards achieving the EU’s 2030 climate objectives and climate neutrality in 2050. Members States shall ensure that at the early stages of the hydrogen market, the supply of hydrogen is prioritised to sectors identified on the basis of the highest greenhouse gases emissions abatement potential. The Regulation aims also to set up a regulatory framework that enables and incentivises all market participants to take the transitional role of fossil gas into account while planning their activities to avoid lock-in effects and ensure gradual and timely phase-out of fossil gas notably in all relevant industrial sectors and for heating purposes.

Amendment 131 #

Proposal for a regulation
Recital 4

(4) This Regulation aims to facilitate the penetration of renewable and low- carbon gases into the energy system enabling a shift from fossil gas, and to allow these new gases to play an important role towards achieving the EU’s 2030 climate objectives and climate neutrality in 2050. Any undue barriers in this regard should be eliminated by Member States. The Regulation aims also to set up a regulatory framework that enables and incentivises all market participants to take the transitional role of fossil gas into account while planning their activities to avoid lock-in effects and ensure gradual and timely phase-out of fossil gas notably in all relevant industrial sectors and for heating purposes.

Amendment 132 #

Klemen GROŠELJ, Christophe GRUDLER, Martin HOJSÍK, Claudia GAMON, Nils TORVALDS

Proposal for a regulation
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 neutrality~~net-zero emissions in 2050. The Regulation ~~aims~~should 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 133 #

Proposal for a regulation
Recital 4 a (new)

(4 a) Regardless of the chosen production pathway, hydrogen production incurs significant energy conversion losses. Therefore, hydrogen should only be used for those applications where more energy-efficient alternatives are not yet available. This notably includes applications in so-called hard-to- decarbonise sectors, e.g. the production of sustainable aviation fuels and fuels for shipping, in steelmaking, and in the chemicals sector. Conversely, all efforts should be made to avoid the use of hydrogen for applications where more energy-efficient alternatives exist. This notably includes heating buildings, producing hot water for sanitary use, and low-grade heat for industrial processes.

Amendment 134 #

Proposal for a regulation
Recital 5

(5) The EU hydrogen strategy recognises that, as EU Member States have different potential for the production of renewable hydrogen, an open and competitive EU market with unhindered cross-border trade has important benefits for competition, affordability, and security of supply. Moreover, it stresses that moving towards a liquid market with commodity-based hydrogen trading would facilitate entry of new producers and be beneficial for deeper integration with other energy carriers. It would create viable price signals for investments and operational decisions. The rules laid down in this Regulation should thus be conducive for hydrogen markets and commodity-based hydrogen trading and liquid trading hubs to emerge and any undue barriers in this regard should be eliminated by Member States. Whilst recognising the inherent differences, existing rules that enabled efficient commercial operations developed for the electricity and gas markets and trading should be considered for a hydrogen market. Member States shall ensure that at the early stages of the hydrogen market, the supply of hydrogen is prioritised to sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.

Amendment 135 #

Proposal for a regulation
Recital 5

Amendment 136 #

Proposal for a regulation
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 137 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
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, subject to ACER’s opinion and to due notification to the European Commission.

Amendment 138 #

Proposal for a regulation
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 and subject to notification to the Commission and ACER.

Amendment 139 #

Ivan DAVID, Paolo BORCHIA, Isabella TOVAGLIERI, Matteo ADINOLFI

Proposal for a regulation
Recital 10

(10) A common minimum set of third- party access services is necessary to provide a common minimum standard of access in practice throughout the Union , to ensure that third-party access services are sufficiently compatible and to allow the benefits accruing from a well-functioning internal market in natural gas and biomethane to be exploited.

Amendment 140 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Recital 13

(13) Conditional capacity should only be offered when network operators are not able to offer firm capacity. Network operators should define the conditions for conditional capacity on the basis of operational constraints in a transparent and clear manner. The regulatory authority should ensure that the number and type of conditional capacity products is limited to avoid a fragmentation of the market and to ensure compliance with the principle of providing efficient third-party access.

Amendment 141 #

Proposal for a regulation
Recital 13

Amendment 142 #

Ivan DAVID, Paolo BORCHIA, Isabella TOVAGLIERI, Matteo ADINOLFI

Proposal for a regulation
Recital 14

(14) A sufficient level of cross-border gas interconnection capacity should be achieved and market integration fostered in order to complete the internal market in natural gas and biomethane.

Amendment 143 #

Jerzy BUZEK, Adam JARUBAS, Angelika NIEBLER, Marian-Jean MARINESCU, Christian EHLER, Markus PIEPER, Massimiliano SALINI, Janusz LEWANDOWSKI, Pernille WEISS, Seán KELLY, Pilar del CASTILLO VERA, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO

Proposal for a regulation
Recital 14 a (new)

(14 a) In order to allow renewable and low-carbon gases to play their important role towards achieving the EU’s 2030 climate objectives and climate neutrality in 2050, it is of utmost importance that the targets set by the REPowerEU Plan for the production of biomethane (35 bcm by 2030), for the domestic production of renewable hydrogen (10 mio to by 2030), for the imports of renewable hydrogen (10 mio to by 2030), for the industrial usage of renewable fuels of non-biological origin, notably renewable hydrogen (75% of the overall hydrogen consumption in industry) and for the usage of renewable fuels of non-biological origin in transport (5% of transport fuels) are effectively accomplished by 2030. For this to happen not only must the market integration of renewable and low- carbon gases be fostered but also the necessary infrastructure must be developed in due time. For biomethane this means to develop a strategic approach to overcome existing technical barriers to trade biomethane within the EU and to fully integrate biomethane into the current gas system. For renewable and low-carbon hydrogen this requires an urgent implementation of the plan for an European hydrogen network guaranteeing a sufficient level of cross- border interconnection capacity.

Amendment 144 #

Proposal for a regulation
Recital 16

(16) In order to ensure optimal management of the gas transmission network in the Union, a European Network of Transmission System Operators for Gas (the ENTSO for Gas), should be provided for . The tasks of the ENTSO for Gas should be carried out in compliance with the Union’s competition rules which are applicable to the decisions of the ENTSO for Gas. The tasks of the ENTSO for Gas should be well-defined and its working method should ensure efficiency, transparency and the representative nature of the ENTSO for Gas. The network codes prepared by the ENTSO for Gas are not intended to replace the necessary national network codes for non cross-border issues. Given that more effective progress may be achieved through an approach at regional level, transmission system operators should set up regional structures within the overall cooperation structure, whilst ensuring that results at regional level are compatible with network codes and non-binding ten- year network development plans for gas and hydrogen at Union level. Cooperation within such regional structures presupposes effective unbundling of network activities from production and supply activities. In the absence of such unbundling, regional cooperation between transmission system operators gives rise to a risk of anti- competitive conduct. Member States should promote cooperation and monitor the effectiveness of the network operations at regional level. Cooperation at regional level should be compatible with progress towards a competitive and efficient internal market in gases .

Amendment 145 #

Proposal for a regulation
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 #

Klemen GROŠELJ, Christophe GRUDLER, Martin HOJSÍK, Claudia GAMON

Proposal for a regulation
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 a~~in 2024 a last non- binding Union -wide ten- year network development plan on, which will then b~~asis of a joint scenario~~ e transformed into a Union-wide decommissioning pland th~~e 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 147 #

Proposal for a regulation
Recital 17

(17) In order to ensure greater transparency regarding the development of the gas transmission network in the Union , the ENTSO for Gas should draw up, publish and regularly update a non-binding Union -wide ten-year network development plan on the basis of a joint scenario and the interlinked model ( Union -wide 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.~~ The Union-wide ten-year network development plan 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, established under Regulation (EU) 2021/1119) in plan development. 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. The network development plan should promote the energy efficiency first principle and energy system integration and contribute to the prudent and rational utilisation of natural resources and the achievement of the Union’s climate and energy targets.

Amendment 148 #

Proposal for a regulation
Recital 17

(17) In order to ensure greater transparency regarding the development of the gas transmission network in the Union , the ENTSO for Gas jointly with ENNOH should draw up, publish and regularly update a non-binding Union -wide ten-year network development plan for gas and hydrogen on the basis of a joint scenario and the interlinked model ( Union -wide 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.

Amendment 149 #

Proposal for a regulation
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 150 #

Proposal for a regulation
Recital 20

(20) Network users are to bear the responsibility of balancing their inputs against their off-takes with trading platforms established to better facilitate gas trade between network users. In order to better integrate renewable and low carbon gases within the entry-exit system, the balancing zone should also cover, to the extent possible, the distribution system level. The virtual trading point should be used to exchange gas between balancing accounts of network users.

Amendment 151 #

Proposal for a regulation
Recital 22

(22) Equal access to information on the physical status and efficiency of the system is necessary to enable all market participants to assess the overall demand and supply situation and to identify the reasons for movements in the wholesale price. This includes more precise information on supply and demand, network capacity, flows and maintenance, balancing and availability and usage of storage. The importance of that information for the functioning of the market, ensuring proper public monitoring and consumer protection, requires alleviating existing limitations to publication for confidentiality reasons.

Amendment 152 #

Proposal for a regulation
Recital 23

(23) CAlthough confidentiality requirements for commercially sensitive information ~~are, however,~~may be particularly relevant where data of a commercially strategic nature for the company are concerned, where there is only one single user for a storage facility, or where data are concerned regarding exit points within a system or subsystem that is not connected to another transmission or distribution system but to a single industrial final customer, where the publication of such data would reveal confidential information as to the production process of that customer, they may only apply in certain restricted cases and transparency must be a priority.

Amendment 153 #

Klemen GROŠELJ, Christophe GRUDLER, Claudia GAMON, Nils TORVALDS

Proposal for a regulation
Recital 25

(25) Access to natural gas storage facilities and liquefied natural gas (LNG) facilities is insufficient in some Member States, and therefore the implementation of the existing rules needs to be improved , including as regardsin the transparency area. Such improvement should take into account the potential and uptake of renewable and low-carbon gases for these facilities in the internal market. Monitoring by the European Regulators' Group for Electricity and Gas concluded that the voluntary guidelines for good third-party access practice for storage system operators, agreed by all stakeholders at the Madrid Forum, are being insufficiently applied and therefore need to be made binding.deleted

Amendment 154 #

Proposal for a regulation
Recital 25

(25) Access to natural gas storage facilities and liquefied natural gas (LNG) facilities is insufficient in some Member States, and therefore the implementation of the existing rules needs to be improved , including as regardsin the transparency area. Such improvement should take into account the potential and uptake of renewable and low-carbon gases for these facilities in the internal market and demand-side solutions. Monitoring by the European Regulators' Group for Electricity and Gas concluded that the voluntary guidelines for good third-party access practice for storage system operators, agreed by all stakeholders at the Madrid Forum, are being insufficiently applied and therefore need to be made binding.

Amendment 155 #

Ivan DAVID, Paolo BORCHIA, Isabella TOVAGLIERI, Matteo ADINOLFI

Proposal for a regulation
Recital 33

(33) Transmission system operators could be allowed to reserve storages for natural gas and biomethane exclusively for carrying out their functions and for the purpose of security of supply. The filling of these strategic stocks could be done by means of joint purchasing using the trading platform as mentioned in Article 10 of Commission Regulation (EU) No 312/2014 without prejudice to Union competition rules. Withdrawal of natural gas and biomethane should only be possible for the transmission system operators to carry out their functions or in case of a declared emergency situation, as mentioned in Article 11 (1) of that Regulation, in order not to interfere with the regular functioning of the market.

Amendment 156 #

Proposal for a regulation
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.deleted

Amendment 157 #

Proposal for a regulation
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 #

(38) In order to exploit the most economic locations for the production of renewable and low carbon gases, network users should benefit from discounts in capacity-based transmission tariffs. These should include a discount for injection from renewable and low carbon gases production facilities, a discount for tariffs at entry points from and exit points to storage facilities and a discount on the cross-border tariff and entry points from LNG facilities. In case of a change of the value of non-cross border discounts, the regulatory authority needs to balance out the interest between networks users and network operators taking into account stable financial frameworks specifically for existing investments, in particular for renewable production facilities. Where possible, indicators or conditions for changing the discount should be provided sufficiently before any decision to change the discount is taken. This discount should not affect the general tariff setting methodology, but should be provided ex- post on the relevant tariff. In order to benefit from the discount, network users should present the required information towards the transmission system operator on the basis of a certificate which would be linked to the union database.deleted

Amendment 159 #

Proposal for a regulation
Recital 38

(38) In order to exploit the most economic locations for the production of renewable and low carbon gases, network users should benefit from discounts in capacity-based transmission tariffs. These should include a discount for injection from renewable and low carbon gases production ~~facilities, a discount for tariffs at entry points from and exit points to storage facilities and a discount on the cross-border tariff and entry points from LNG~~ facilities. In case of a change of the value of non-cross border discounts, the regulatory authority needs to balance out the interest between networks users and network operators taking into account stable financial frameworks specifically for existing investments, in particular for renewable production facilities. Where possible, indicators or conditions for changing the discount should be provided sufficiently before any decision to change the discount is taken. This discount should not affect the general tariff setting methodology, but should be provided ex- post on the relevant tariff. In order to benefit from the discount, network users should present the required information towards the transmission system operator on the basis of a certificate which would be linked to the union database.

Amendment 160 #

Proposal for a regulation
Recital 38

(38) In order to exploit the most economic locations for the production of renewable ~~and low carbon~~ gases, network users should benefit from discounts in capacity-based transmission tariffs. These should include a discount for injection from renewable ~~and low carbon~~ gases production facilities, a discount for tariffs at entry points from and exit points to storage facilities and a discount on the cross-border tariff ~~and entry points from LNG facilities~~. In case of a change of the value of non-cross border discounts, the regulatory authority needs to balance out the interest between networks users and network operators taking into account stable financial frameworks specifically for existing investments, in particular for renewable production facilities. Where possible, indicators or conditions for changing the discount should be provided sufficiently before any decision to change the discount is taken. This discount should not affect the general tariff setting methodology, but should be provided ex- post on the relevant tariff. In order to benefit from the discount, network users should present the required information towards the transmission system operator on the basis of a certificate which would be linked to the union database.

Amendment 161 #

Proposal for a regulation
Recital 39

(39) Revenue decreases from the application of discounts shall be treated as general revenue decreases, e.g. from reduced capacity sales and need to be recovered via tariffs in a timely manner, for instance by an increase of the specific tariffs following the general rules contained in Article 15 of this Regulation. The Commission should be empowered to change the discount levels via delegated acts to mitigate structural imbalances of revenues for transmission system operators.deleted

Amendment 162 #

Proposal for a regulation
Recital 39

(39) Revenue decreases from the application of discounts shall be treated as general revenue decreases, e.g. from reduced capacity sales and need to be recovered via tariffs in a timely manner, for instance by an increase of the specific tariffs following the general rules contained in Article 15 of this Regulation. ~~The Commission should be empowered to change the discount levels via delegated acts to mitigate structural imbalances of revenues for transmission system operators.~~

Amendment 163 #

Proposal for a regulation
Recital 39 a (new)

(39 a) Connection rules and fees for renewable gases injecting into the network should ensure proportioned connection costs facilitating their integration onto the network. In the interest of enabling greater penetration of renewable gases, Member States and national regulatory authorities should assess discounts on connection fees for renewable gases producers. The application of any discounts should be applied in a non-discriminatory and transparent manner and the connection rules applied should be published.

Amendment 164 #

Proposal for a regulation
Recital 40

(40) In order to increase efficiencies in the natural gas distribution networks in the Union and to ensure close cooperation with transmission system operators and the ENTSO for Gas, an entity of gas distribution system operators in the Union (‘EU gas DSO entity’) should be provided for ~~which also includes natural gas distribution system operators~~. The tasks of the EU DSO entity should be well-defined and its working method should ensure efficiency, transparency and representativeness among Union distribution system operators. The EU gas DSO entity should closely cooperate with the ENTSO for Gas on the preparation and implementation of the network codes where applicable and should work on providing guidance on the integration inter alia of distributed g~~enera~~as production and other areas, which relate to the management of the gas distribution networks.

Amendment 165 #

Pernille WEISS

Proposal for a regulation
Recital 42 a (new)

(42 a) The REPowerEU Plan sets an ambitious target of 35 billion cubic meters annual European biomethane production by 2030. To reach the 35 billion cubic meters target, measures to support cost- effective integration and utilisation of biomethane across EU borders and to reduce risk of market segmentation within the internal energy market must be introduced. As a matter of priority, technical barriers to physical flows and cross-border biomethane trade must be tackled. Therefore, no later than 1 January 2025, the Commission shall adopt a delegated act introducing common principles and gas quality specifications at cross-border interconnection point to facilitate the cost- effective integration of large volumes of biomethane in the existing natural gas system.

Amendment 166 #

Proposal for a regulation
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 n~~ational natural gas systems should be pres~~etworks should not be considerved~~. At t~~ when s~~ame time, a harmonised approach on~~etting 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 cap~~s 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 point~~erconnection point~~s as a consequence of differing gas qualities.

Amendment 167 #

Proposal for a regulation
Recital 43

(43) The blending of hydrogen into the natural gas system 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. THowever, it is the best solution to allow for the progressive decarbonisation of the gas sector. Duplicating the existing gas infrastructures to have a hydrogen- dedicated network is not cost-efficient, in particular in those Member States that do not have a certain population density or degree of industrial concentration. Therefore, the Member States’ decision on whether to apply blending hydrogen in their national natural gas systems should be preserved. At the same time, a harmonised approach on blending hydrogen into the natural gas system in the form of a Union- wide allowed cap at cross-border interconnection points between Union Member States, where transmission system operators 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 cross- border interconnection points.

Amendment 168 #

Proposal for a regulation
Recital 43

(43) The blending of hydrogen into the natural gas system ismay be less efficient compared to using hydrogen in its pure form and diminishes the value of hydrogen~~. It~~ although that will depend over time on the relative price competitiveness of hydrogen compared to natural gas. In case of high blending percentages, it may also affects the operation of gas infrastructure, end- user applications, and the interoperability of cross-border systems. ~~The~~ Member States’ decision on whether to apply blending hydrogen in their national natural gas systems should be preserved. ~~At the same tim~~Therefore, a harmonised approach on blending hydrogen into the natural gas system in the form of a Union- wide allowed cap at cross- border interconnection points between Union Member States, where transmission system operators 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 cross- border interconnection points.

Amendment 169 #

Ivan DAVID, Paolo BORCHIA, Isabella TOVAGLIERI, Matteo ADINOLFI

Proposal for a regulation
Recital 43

(43) The blending of hydrogen into the natural gas system is a transitional option, 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 apply blending hydrogen in their national natural gas systems should be preserved. At the same time, a harmonised approach on blending hydrogen into the natural gas system in the form of a Union- wide allowed cap at cross- border interconnection points between Union Member States, where transmission system operators 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 cross- border interconnection points.~~

Amendment 170 #

Proposal for a regulation
Recital 44

(44) A strong cross-border coordination and dispute settlement process between transmission system operators on gas quality, including on biomethane and hydrogen blends, is essential to facilitate efficient transport of natural gas and biomethane across natural gas systems within the Union and thereby to move towards greater internal market integration. Enhanced transparency requirements on gas quality parameters, including on gross calorific value, Wobbe Index and oxygen content, and hydrogen blends and their development over time combined with monitoring and reporting obligations should contribute to the well- functioning of an open and efficient internal market in natural gas and biomethane.

Amendment 171 #

Klemen GROŠELJ, Christophe GRUDLER, Martin HOJSÍK, Claudia GAMON

(45) In order to amend non-essential elements of this Regulation and to supplement this Regulation in respect of non-essential elements of certain specific areas which are fundamental for market integration, 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 Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making6 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. The Commission should also ensure that the public has access to all documents and other information submitted to the Commission in connection with its adoption of the delegated act. _________________ 6 OJ L 123, 12.5.2016, p. 1

Amendment 172 #

Proposal for a regulation
Recital 48

(48) ~~Until the ENNOH is established, a temporary platform should be~~ENNOH 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 173 #

Proposal for a regulation
Recital 48

(48) Until the ENNOH is established, a temporary platform should be set up under the lead of the Commission with the involvement of ACER and all relevant market participants, including the ENTSO for Gas, the ENTSO for Electricity and the EU DSO entity. This platform should support early work on scoping and developing issues relevant for the building up of the hydrogen network and markets ~~without formal decision-making powers. The platform should be dissolved once ENNOH is established. Until the ENNOH is established, the ENTSO for Gas will be responsible for~~as well as on the development of Union- wide network development plans, including hydrogen networks without formal decision-making powers. The platform should be dissolved once ENNOH is established.

Amendment 174 #

Proposal for a regulation
Recital 48

(48) Until the ENNOH is established, a temporary platform should be set up under the lead of the Commission with the involvement of ACER and all relevant market participants, including final customers, the ENTSO for Gas, the ENTSO for Electricity and the EU DSO entity. This platform should support early work on scoping and developing issues relevant for the building up of the hydrogen network and markets without formal decision-making powers. The platform should be dissolved once ENNOH is established. Until the ENNOH is established, the ENTSO for Gas will be responsible for the development of Union- wide network development plans, including hydrogen networks.

Amendment 175 #

Proposal for a regulation
Recital 49

(49) In order to ensure the transparen~~cy regarding the~~t and efficient development of the hydrogen network in the Union, the ENNOTSOG&H should establish, publish and regularly update a non-binding Union-wide ten-year network development plan for gas and hydrogen targeted at t~~he needs of the~~ aking into account the needs of the two distinct gas and developing hydrogen markets. Viable hydrogen transportation networks and necessary interconnections, relevant from a commercial point of view, should be included in that network development plan. The ENNOTSOG&H should continue to participate in the development of the energy system wide cost-benefit analysis – including the interlinked energy market and network model including electricity, gas and hydrogen transport infrastructure as well as storage, LNG and electrolysers – , the scenarios for the ten-year network development plans and the infrastructure gaps identification report as set out in Articles 11, 12 and 13 of [the TEN-E Regulation as proposed in COM(2020) 824 final] for the development of the lists of projects of common interest. For that purpose, the ENNOTSOG&H should closely cooperate with the ENTSO for Electricity ~~and the ENTSO for Gas~~ to facilitate system integration. The ENNOTSOG&H should undertake those tasks for the first time for the development of the 8th list of projects of common interest, provided it is operational and in ~~the~~a position to deliver the necessary input to the ten- year network development plan by 2026.

Amendment 176 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Recital 49

(49) In order to ensure transparency regarding the development of the hydrogen network in the Union, the ENNOH, jointly with the ENTSO for Gas, should establish, publish and regularly update a non-binding Union-wide ten-year network development plan for hydrogen targeted at the needs of the developing hydrogen markets. Viable hydrogen transportation networks and necessary interconnections, relevant from a commercial point of view, should be included in that network development plan. The ENNOH should participate in the development of the energy system wide cost-benefit analysis – including the interlinked energy market and network model including electricity, gas and hydrogen transport infrastructure as well as storage, LNG and electrolysers – , the scenarios for the ten-year network development plans and the infrastructure gaps identification report as set out in Articles 11, 12 and 13 of [the TEN-E Regulation as proposed in COM(2020) 824 final] for the development of the lists of projects of common interest. For that purpose, the ENNOH should closely cooperate with the ENTSO for Electricity and the ENTSO for Gas to facilitate system integration. The ENNOH should undertake those tasks for the first time for the development of the 8th list of projects of common interest, provided it is operational and in the position to deliver the necessary input to the ten-year network development plan by 2026.

Amendment 177 #

Proposal for a regulation
Recital 68

(68) In reaction to the significant and EU-wide energy price increases evidenced in autumn 2021 and their negative impacts, the Communication of the Commission of 13 October 2021 entitled ‘Tackling rising energy prices: a toolbox for action and support’ highlighted the importance of an effective and well-functioning internal energy market and of the effective use of gas storages in Europe across the Single market. The Communication also emphasised that a better coordination of security of supply across borders is crucial for the resilience against future shocks. On 20/21 October 2021, the European Council adopted conclusions inviting the Commission to swiftly consider measures that increase the resilience of the EU’s energy system and the internal energy market, including measures which enhance security of supply. In response to Russia’s invasion of Ukraine, the Commission presented the REPowerEU Plan on 8 March 2022 in order to phase out EU’s dependency on Russian fossil fuels and to accelerate the clean energy transition. To contribute to a consistent and timely response to this crisis and possible new crisis at Union level, specific rules to improve cooperation and resilience, notably concerning better- coordinated storage and solidarity rules, should be introduced in this Regulation and in Regulation (EU) 2017/1938, complementing the mandatory minimum level of gas in storage facilities.

Amendment 178 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
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 ~~reduc~~ending 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 179 #

Proposal for a regulation
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 importance of avoiding stranded assets in the clean energy transition and the goal of reducing the dependency of the Union to external fossil fuels providers. The analysis should include an assessment of the risks linked to 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 situation~~gas 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

(71) Joint procurement of strategic stocks by several transmission operators of different Member States should be designed in a way so that they can be used in case of Union wide or regional emergency as part of the actions coordinated by the Commission pursuant to Article 12(3) of Regulation (EU) 2017/1938. Transmission system operators which engage in joint procurement of strategic stocks shall ensure that any joint purchasing agreement complies with the EU competition rules, and in particular with the requirements of Article 101 TFEU. The notification done to assess the compliance with this Regulation is without prejudice to the notification of aids granted by States, where applicable, under Article 108(3) TFEU.deleted

Amendment 181 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Recital 71

(71) Joint procurement of ~~strategic stocks~~gases, including hydrogen by several transmission operators ~~of different~~and hydrogen network operators of different Member States or other undertakings designated by the Member States should be designed in a way so that they can be used in case of Union wide or regional emergency as part of the actions coordinated by the Commission pursuant to Article 12(3) of Regulation (EU) 2017/1938. Transmission system operators, hydrogen network operators or other undertakings designated by the Member States which engage in joint procurement of ~~strategic stocks~~gases, including hydrogen, shall ensure that any joint purchasing agreement complies with the EU competition rules, and in particular with the requirements of Article 101 TFEU. The notification done to assess the compliance with this Regulation is without prejudice to the notification of aids granted by States, where applicable, under Article 108(3) TFEU.

Amendment 182 #

Proposal for a regulation
Recital 71

(71) Joint procurement of ~~strategic stock~~gas by several transmission operators of different Member States or other undertakings designated by the Member States should be designed in a way so that they can be used in the case of Union ~~wide~~ or regional emergency as part of the actions coordinated by the Commission pursuant to Article 12(3) of Regulation (EU) 2017/1938. Transmission system operators or other undertakings designated by the Member States which engage in joint procurement of ~~strategic stock~~gas shall ensure that any joint purchasing agreement complies with the EU competition rules, and in particular with the requirements of Article 101 TFEU. The notification done to assess the compliance with this Regulation is without prejudice to the notification of aids granted by States, where applicable, under Article 108(3) TFEU.

Amendment 183 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Recital 72

(72) The European energy sector is undergoing an important change towards a decarbonised economy, based on renewable energy sources,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 184 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Recital 72

(72) The European energy sector is undergoing an important change towards a ~~decarbonised~~highly 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 185 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) sets non-discriminatory rules for access conditions to natural gas and hydrogen systems taking into account the special characteristics of national and regional markets with a view to ensuring the proper functioning of the internal market in gases as well as to contribute to the long term flexibility of the electricity system; and

Amendment 186 #

Klemen GROŠELJ, Christophe GRUDLER, Martin HOJSÍK, Claudia GAMON

Proposal for a regulation
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 187 #

Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)

(c a) promotes the energy efficiency first principle and energy system integration and contributes to the prudent and rational utilisation of natural resources and the achievement of the Union’s climate and energy targets.

Amendment 188 #

Proposal for a regulation
Article 2 – paragraph 1 – point 23

(23) ‘primary market’ means the market of the capacity traded directly by the transmission system operator or hydrogen network operator excluding hydrogen distribution;

Amendment 189 #

Proposal for a regulation
Article 2 – paragraph 1 – point 25

(25) ‘LNG or hydrogen facility capacity’ means capacity at a liquefied natural gas (LNG) or hydrogen terminal for the liquefaction of natural gas or the importation, exportation, reloading, offloading, ancillary services, temporary storage and re- gasification of LNG; and hydrogen;

Amendment 190 #

Proposal for a regulation
Article 2 – paragraph 1 – point 30

(30) ‘entry-exit system’ means the aggregation of all transmission ~~and~~systems, which may be extended to distribution systems or parts of them, or all hydrogen networks to which one specific balancing regime applies;

Amendment 191 #

Klemen GROŠELJ, Christophe GRUDLER, Claudia GAMON, Nils TORVALDS

Proposal for a regulation
Article 2 – paragraph 1 – point 32

(32) ‘virtual trading point’ means a non- physical commercial point within an entry- exit system where gases are exchanged between a seller and a buyer without the need to book ~~transmission or distribution~~ capacity;

Amendment 192 #

Proposal for a regulation
Article 2 – paragraph 1 – point 33

(33) ‘entry point’ means a point subject to booking procedures by network users ~~or producers~~ providing access to an entry-exit system, enabling gas flows in the entry-exit system;

Amendment 193 #

Klemen GROŠELJ, Christophe GRUDLER, Claudia GAMON, Nils TORVALDS

Proposal for a regulation
Article 2 – paragraph 1 – point 34

(34) ‘exit point’ means a point subject to booking procedures by network users ~~or final customers~~providing access to an entry-exit system, enabling gas flows out of the entry exit system;,

Amendment 194 #

Proposal for a regulation
Article 2 – paragraph 1 – point 38

(38) ‘new infrastructure’ means an infrastructure not completed by ~~4 August~~31 December 200315.

Amendment 195 #

Proposal for a regulation
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)

(38 a) ‘gases’ means fossil gas, natural gas and hydrogen;

Amendment 197 #

Proposal for a regulation
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)

(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)

(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 200 #

Proposal for a regulation
Article 3.º – paragraph 1 – point a

(a) gas prices ~~for gases~~ shall be ~~form~~regulated onby the ~~basis of demand and supply~~states, ensuring affordable prices for end consumers;

Amendment 201 #

Susana SOLÍS PÉREZ

Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)

(a a) In order to decrease dependence on pipeline natural gas imports from third countries and to diversify gas supplies to safeguard the security of energy supply and the essential security interests of the Union in line with the REPowerEU Plan objectives, each Member State shall ensure that pipeline natural gas supplied from any third country does not exceed 33% of relevant Member State's annual natural gas imports by 31 December 2026 and 25% by 31 December 2029.Those limitations shall not apply: - to imports from European Economic Area countries. - to Member States which have an LNG import capacity higher than 70% of their individual annual demand; in this case the pipeline natural gas supplied from a third country shall not exceed 50% of the Member State’s annual natural gas imports.

Amendment 202 #

Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)

(a a) Promoting the use of hydrogen in industry 1. Member States shall ensure that in the early stages of the hydrogen market, the supply of hydrogen is prioritised to sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.

Amendment 203 #

Proposal for a regulation
Article 3.º – paragraph 1 – point a a (new)

(aa) reversal of privatisation and deregulation in the energy sector shall ensure that the State regains public control of the energy sector, encompassing production, distribution, infrastructure, networks and storage;

Amendment 204 #

Susana SOLÍS PÉREZ

Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)

(b a) In order to support sustainable production of biomethane to safeguard the security of gas supply in the Union and decrease dependence on fossil natural gas imports, Member States shall, by 31 December 2030, ensure collectively that, in line with the REPowerEU Plan objectives, - at least 35 bcm of biomethane is produced and injected into the natural gas system at transmission and distribution level; - at least 10 million tonnes of domestic renewable hydrogen is produced in the Union.

Amendment 205 #

Proposal for a regulation
Article 3.º – paragraph 1 – point c

(c) tariffs charged at the entry and exit points shall be ~~structured in such a way as to~~agreed with the Member States and shall contribute to market integration, enhancing security of supply and promoting cooperation in the interconnection between gas networks;

Amendment 206 #

Proposal for a regulation
Article 3 – paragraph 1 – point g

(g) market rules shall avoid actions which prevent price formation on the basis of demand and supply for gases but shall not prevent long-term agreements for the purchase and the transmission of renewable and low-carbon gases;

Amendment 207 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 3 – paragraph 1 – point g

(g) market rules shall avoid actions which prevent price formation on the basis of demand and supply for gases but shall not prevent long term agreements for the purchase and the transmission of renewable and low carbon gases;

Amendment 208 #

Proposal for a regulation
Article 3 – paragraph 1 – point g a (new)

(g a) market rules shall ensure a consumer-centred and energy efficient approach in the natural gas and hydrogen market;

Amendment 209 #

Klemen GROŠELJ, Christophe GRUDLER, Martin HOJSÍK, Claudia GAMON, Nils TORVALDS

Proposal for a regulation
Article 3 – paragraph 1 – point i

(i) market rules shall enable the decarbonisation of the natural gas and hydrogen systems, including by enabling the integration into the market of gases of gas from renewable energy sources and by providing incentives for energy efficiency, furthering the integration of energy systems, contributing to the prudent and rational utilisation of natural resources, facilitating the achievement of the Union’s climate and energy targets;

Amendment 210 #

Proposal for a regulation
Article 3 – paragraph 1 – point i

(i) market rules shall enable the decarbonisation of the natural gas and hydrogen systems, and industrial sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen. including by enabling the integration into the market of gases of gas from renewable energy sources and by providing incentives for energy efficiency;

Amendment 211 #

Klemen GROŠELJ, Christophe GRUDLER, Martin HOJSÍK, Claudia GAMON

Proposal for a regulation
Article 3.º – paragraph 1 – point i

Amendment 212 #

Proposal for a regulation
Article 3 – paragraph 1 – point j

(j) market rules shall deliver appropriate investment incentives and incentives for interventions which do not require infrastructure investments where more efficient, in particular for long-term investments in a decarbonised and sustainable gas system, for energy storage, energy efficiency and demand response to meet market needs, and shall facilitate fair competition and security of supply. Market rules shall also avoid delivering investment incentives that lead to stranded assets;

Amendment 213 #

Proposal for a regulation
Article 3 – paragraph 1 – point j

(j) market rules shall deliver appropriate investment incentives, in particular for long-term investments in a decarbonised and sustainable gas system, for energy storage, energy efficiency and demand response to meet market needs, and shall facilitate fair competition and security of supplenable the decarbonisation of the natural gas and hydrogen systems and industrial sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen, including by enabling the integration into the market of gases of gas from renewable energy sources and by providing incentives for energy efficiency;

Amendment 214 #

Proposal for a regulation
Article 3 – paragraph 1 – point j

(j) market rules shall deliver appropriate investment and consumption incentives, in particular for long-term investments in a decarbonised and sustainable gas system, for energy storage, energy efficiency and demand response to meet market needs, and shall facilitate fair competition and security of supply;

Amendment 215 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 3.º – paragraph 1 – point j

(j) market rules shall deliver appropriate public investment incentives, in particular for long-term investments in a decarbonised and sustainable gas system, for energy storage, energy efficiency and demand response to ~~meet market needs, and shall facilitate fair competition~~ensure quality services and security of supply;

Amendment 216 #

Proposal for a regulation
Article 3 – paragraph 1 – point j a (new)

(j a) market rules shall priorities, in the early stages of market development, the use of hydrogen for industrial customers in hard-to-decarbonise sectors, including in heavy-duty transport, with the highest greenhouse gas abatement potential, where more energy and cost efficient options are not available;

Amendment 217 #

Proposal for a regulation
Article 3.º – paragraph 1 – point k a (new)

(ka ) the diversification of energy supply shall not be based on replacing current energy dependencies with new dependencies on other third countries;

Amendment 218 #

Massimiliano SALINI, Antonio TAJANI, Andrea CAROPPO, Salvatore DE MEO, Aldo PATRICIELLO

Proposal for a regulation
Article 3.º – paragraph 1 – point k b (new)

(kb) energy supply agreements involving energy resources plundered by a third country from the territory of another shall be rejected;

Amendment 219 #

Proposal for a regulation
Article 3 – paragraph 1 a (new)

In the early stages of the hydrogen market, the supply of hydrogen shall be prioritised to sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.

Amendment 220 #

Jerzy BUZEK, Adam JARUBAS, Angelika NIEBLER, Marian-Jean MARINESCU, Christian EHLER, Markus PIEPER, Janusz LEWANDOWSKI, Pernille WEISS, Seán KELLY, Pilar del CASTILLO VERA, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO

Proposal for a regulation
Article 3 a (new)

Article 3 a Upscaling renewable gases and low- carbon gases in coal and carbon-intensive regions The Commission shall support and provide incentives to encourage the penetration of renewable gases and low- carbon gases, in particular hydrogen and biomethane, into the Union energy system, in particular in coal and carbon- intensive regions pursuant to Regulation (EU) 2021/1056 through an enabling framework that includes: (a) additional financial resources, including Union funds, to facilitate a just transition of these regions with the aim of increasing the share of renewable gases and low-carbon gases, in particular in industrial processes, district heating and energy storage for enhancing flexibility of the energy system; (b) effective support measures to accelerate the phase out of solid fossil fuels in industrial and district heating sectors through investments in their modernisation, innovation and development as well as to decarbonise existing fossil-based hydrogen production sites; (c) upskilling and reskilling programmes and projects aiming to create and strengthen a hydrogen-ready and biomethane-ready workforce; (d) the fast-track implementation of hydrogen valleys and Important Projects of Common European Interests (IPCEI), in particular innovation projects enabling the conversion from fossil fuels to renewable hydrogen and biomethane.

Amendment 221 #

Nicolás GONZÁLEZ CASARES, Eva KAILI, Lina GÁLVEZ MUÑOZ, Carlos ZORRINHO, Adriana MALDONADO LÓPEZ

Proposal for a regulation
Article 3 a (new)

Article 3 a Diversification of pipeline natural gas supplies obligation In order to decrease dependence on pipeline natural gas imports from third countries and to diversify gas supplies to safeguard the security of energy supply and the essential security interests of the Union, each Member State shall ensure that pipeline natural gas supplied from any third country does not exceed 33% of relevant Member State's annual natural gas imports by 31 December 2026 and 25% by 31 December 2029. Those limitations shall not apply to: a) imports from European Economic Area countries b) Member States which have an LNG import capacity higher than two-thirds of their individual annual demand; in this case the pipeline natural gas supplied from a third country shall not exceed 50% of the Member State’s annual natural gas imports.

Amendment 222 #

Proposal for a regulation
Article 3 a (new)

Article 3 a Diversification of pipeline natural gas supplies obligation In order to decrease dependence on pipeline natural gas imports from third countries and to diversify gas supplies to safeguard the security of energy supply and the essential security interests of the Union, each Member State shall ensure that pipeline natural gas supplied from any third country does not exceed 33% of relevant Member State's annual natural gas imports by 31 December 2026 and 25% by 31 December 2029. Those limitations shall not apply: - to imports from European Economic Area countries; - to Member States that have an LNG import capacity higher than two-thirds of their individual annual demand; in this case the pipeline natural gas supplied from any third country shall not exceed 50% of the Member State’s annual natural gas imports.

Amendment 223 #

Proposal for a regulation
Article 3 a (new)

Article 3 a Mainstreaming biomethane and hydrogen in the gas system In order to support sustainable production of biomethane to safeguard the security of gas supply in the Union and decrease dependence on fossil natural gas imports, Member States shall ensure collectively that at least 35bcm of biomethane is produced and injected into natural gas system at TSO and DSO levels by 31 December 2030, in line with the REPowerEU objectives. Member States shall also ensure collectively that at least 20 million tonnes of hydrogen are produced or imported in the Union.

Amendment 224 #

Ivan DAVID, Paolo BORCHIA, Isabella TOVAGLIERI, Matteo ADINOLFI

Proposal for a regulation
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 225 #

Proposal for a regulation
Article 3 a (new)

Article 3 a EU target for GHG intensity reduction of the gas consumption 1. The domestic consumption of gaseous energy in the European Union shall have a greenhouse gas emissions intensity reduced by at least 20% in 2030 compared to the level of 2018. 2. For the purpose of this article, domestic consumption of gaseous energy shall cover: a. the use of natural gas, biomethane and hydrogen in liquid form; b. the use of natural gas, biomethane and hydrogen for industrial processes.

Amendment 226 #

Proposal for a regulation
Article 3 a (new)

Article 3 a Member States shall ensure that import of natural gas and renewable and low- carbon gases through pipelines from third countries is limited to countries applying the EU acquis with respect to the Third Energy Package and which have concluded an agreement with the Union.

Amendment 227 #

Proposal for a regulation
Article 3 a (new)

Article 3 a Promoting the use of hydrogen in industry Member States shall ensure that in the early stages of the hydrogen market, the supply of hydrogen is prioritised to sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.

Amendment 228 #

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Where a transmission or distribution system or hydrogen network operator provides regulated services for gas, hydrogen and/or electricity, it shall comply with the requirement for unbundling of accounts as laid down in Article 69 of [recast Gas Directive as proposed in COM(2021) xxx] and Article 56 of Directive (EU) 2019/944 and it shall have a regulated asset base separately for gas, electricity or hydrogen assets. A separate regulated asset base shall ensure that:

Amendment 229 #

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Where a transmission or network operator provides regulated services for gas, hydrogen and/or electricity, it shall comply with the requirement for unbundling of accounts as laid down in Article 69 of [recast Gas Directive as proposed in COM(2021) xxx] and Article 56 of Directive (EU) 2019/944 and it shall have a regulated asset base separately for gas, electricity or hydrogen assets. ~~A separate regulated asset base shall ensure that:~~

Amendment 230 #

Proposal for a regulation
Article 4 – paragraph 1 – point a

(a) services revenues obtained from the provision of specific regulated services can only be used to recover the capital and operational expenditures related the assets included in the regulated assets base on which the regulated services were provided;deleted

Amendment 231 #

Proposal for a regulation
Article 4 – paragraph 1 – point b

(b) when assets are transferred to a different regulated asset base, their value will be established. The value set for the transferred asset is subject to an audit and approval by the competent regulatory authority. The value established will be such that cross-subsidies do not occur.deleted

Amendment 232 #

Proposal for a regulation
Article 4 – paragraph 2

2. A Member State may allow financial transfers between regulated services that are separate as meant in in the first paragraph, provided that: (a) all revenues needed for the financial transfer are collected as a dedicated charge; (b) the dedicated charge is collected only from exit points to final customers located within the same Member States as the beneficiary of the financial transfer; (c) the dedicated charge and financial transfer or the methodologies underlying their calculation are approved prior to their entry into force by the regulatory authority referred to in Article 70; (d) the approved dedicated charge and financial transfer and the methodologies, where methodologies are approved are published.deleted

Amendment 233 #

Proposal for a regulation
Article 4 – paragraph 2 – introductory part

2. A Member State may allow financial transfers between regulated services that are separate as meant in in the first paragraph, provided that: the regulatory authority approves the underlying methodology.

Amendment 234 #

Proposal for a regulation
Article 4 – paragraph 2 – introductory part

2. AUntil at least 31 December 2030, a Member State may allow financial transfers between regulated services that are separate as meant in in the first paragraph, provided that:

Amendment 235 #

Klemen GROŠELJ, Christophe GRUDLER, Martin HOJSÍK, Claudia GAMON

Proposal for a regulation
Article 4 – paragraph 2 – introductory part

2. ANotwithstanding paragraph 1, a Member State may allow financial transfers between regulated services that are separate as meant in in the first paragraph, provided that:

Amendment 236 #

Proposal for a regulation
Article 4 – paragraph 2 – introductory part

2. A Member State ~~may allow~~shall not allow any form of financial transfers between regulated services that are separate as meant in in the first paragraph~~, provided that:~~.

Amendment 237 #

Proposal for a regulation
Article 4 – paragraph 2 – introductory part

2. A Member State ~~may~~shall not allow any financial transfers between regulated services that are separate as meant in in the first paragraph~~, provided that:~~.

Amendment 238 #

Proposal for a regulation
Article 4 – paragraph 2 – point a

~~(a) all revenues needed for the financial transfer are collected as a dedicated charge;~~deleted

Amendment 239 #

Proposal for a regulation
Article 4 – paragraph 2 – point a

~~(a) all revenues needed for the financial transfer are collected as a dedicated charge;~~deleted

Amendment 240 #

Proposal for a regulation
Article 4 – paragraph 2 – point a

~~(a) all revenues needed for the financial transfer are collected as a dedicated charge;~~deleted

Amendment 241 #

Proposal for a regulation
Article 4 – paragraph 2 – point b

~~(b) the dedicated charge is col~~delected ~~only from exit points to final customers located within the same Member States as the beneficiary of the financial transfer;~~

Amendment 242 #

Proposal for a regulation
Article 4 – paragraph 2 – point b

~~(b) the dedicated charge is col~~delected ~~only from exit points to final customers located within the same Member States as the beneficiary of the financial transfer;~~

Amendment 243 #

Proposal for a regulation
Article 4 – paragraph 2 – point b

~~(b) the dedicated charge is col~~delected ~~only from exit points to final customers located within the same Member States as the beneficiary of the financial transfer;~~

Amendment 244 #

Proposal for a regulation
Article 4 – paragraph 2 – point b

~~(b) the dedicated charge is col~~delected ~~only from exit points to final customers located within the same Member States as the beneficiary of the financial transfer;~~

Amendment 245 #

Proposal for a regulation
Article 4 – paragraph 2 – point b

(b) the dedicated charge is collected ~~only~~ from exit points to final customers located within the same Member States as the beneficiary of the financial transfer; . Additionally, for cross-system network use financing, the dedicated charge may also be collected from other points, like interconnection points, and provided that the regulatory authorities of the Member States where the interconnection points are located reach an agreement. Where the concerned regulatory authorities cannot reach an agreement within six months, ACER shall take a decision, following the process pursuant to Article 6(10) in Regulation (EU) 2019/942;

Amendment 246 #

Massimiliano SALINI, Antonio TAJANI, Andrea CAROPPO, Salvatore DE MEO, Aldo PATRICIELLO

Proposal for a regulation
Article 4 – paragraph 2 – point b

(b) the dedicated charge is collected only from exit points to final customers which will utilise the regulated service receiving the financial transfer, and are located within the same Member States as the beneficiary of the financial transfer;

Amendment 247 #

Proposal for a regulation
Article 4 – paragraph 2 – point b a (new)

(b a) the dedicated charge is collected only from exit points to future users of the regulated service receiving the financial transfer;

Amendment 248 #

Proposal for a regulation
Article 4 – paragraph 2 – point c

~~(c) the dedicated charge and financial transfer or the methodologies underlying their calculation are approved prior to their entry into force by the regulatory authority referred to in Article 70;~~deleted

Amendment 249 #

Proposal for a regulation
Article 4 – paragraph 2 – point c

Amendment 250 #

Proposal for a regulation
Article 4 – paragraph 2 – point c

Amendment 251 #

Proposal for a regulation
Article 4 – paragraph 2 – point c

(c) the dedicated charge and financial transfer or the methodologies underlying their calculation are approved prior to their entry into force by the regulatory authority referred to in Article 70 and its implementation shall start only at the beginning of a gas-year;

Amendment 252 #

Proposal for a regulation
Article 4 – paragraph 2 – point c

Amendment 253 #

Proposal for a regulation
Article 4 – paragraph 2 – point d

~~(d) the approved dedicated charge and financial transfer and the methodologies, where methodologies are approved are published.~~deleted

Amendment 254 #

Proposal for a regulation
Article 4 – paragraph 2 – point d

~~(d) the approved dedicated charge and financial transfer and the methodologies, where methodologies are approved are published.~~deleted

Amendment 255 #

Proposal for a regulation
Article 4 – paragraph 2 – point d

~~(d) the approved dedicated charge and financial transfer and the methodologies, where methodologies are approved are published.~~deleted

Amendment 256 #

Proposal for a regulation
Article 4 – paragraph 2 – point d

(d) the approved dedicated charge and financial transfer and the methodologies, where methodologies are approved are published. in due time before their implementation;

Amendment 257 #

Proposal for a regulation
Article 4 – paragraph 2 – point d

(d) the approved dedicated charge and financial transfer and the methodologies, where methodologies are approved are published 6 months before their implementation.

Amendment 258 #

Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)

(d a) dedicated charges are subject to ACER’s opinion, in line with paragraph 4, and to notification to the Commission.

Amendment 259 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2 a. In order to avoid undue and excessive cross-subsidies among first users and future users of hydrogen networks, Member States may provide the possibility for hydrogen network operators to spread network development costs over time, by ensuring that future users would pay part of the initial costs. Such an inter- temporal cost allocation mechanism, and its underlying methodology, shall be subject to approval by the competent national regulatory authority.

Amendment 260 #

Proposal for a regulation
Article 4 – paragraph 3

3. The regulatory authority may only approve a financial transfer and dedicated charge referred to in paragraph 2, provided that: (a) network access tariffs are charged to users of the regulated asset base that benefits from a financial transfer; (b) the sum of financial transfers and service revenues collected through network access tariffs cannot be larger than the allowed revenues; (c) a financial transfer is approved for a limited period in time and can never be longer than one third of the depreciation period of the infrastructure concerned].deleted

Amendment 261 #

Proposal for a regulation
Article 4 – paragraph 3

Amendment 262 #

Proposal for a regulation
Article 4 – paragraph 3 – point c

~~(c) a financial transfer is approved for a limited period in time and can never be longer than one third of the depreciation period of the infrastructure concerned].~~deleted

Amendment 263 #

Proposal for a regulation
Article 4 – paragraph 3 – point c

(c) a financial transfer is approved for a limited period in time ~~and can never be longer than one third of the depreciation period of the infrastructure concerned].~~

Amendment 264 #

Proposal for a regulation
Article 4 – paragraph 3 – point c

(c) a financial transfer is approved for a limited period in time and can never be longer than ~~one third of~~ the depreciation period of the infrastructure concerned].

Amendment 265 #

Proposal for a regulation
Article 4 – paragraph 3 – point c a (new)

(c a) Feasibility studies related to the repurposing of the networks to hydrogen are not to be considered as financial transfers between regulated services.

Amendment 266 #

Proposal for a regulation
Article 4 – paragraph 3 a (new)

3 a. Feasibility studies related to the repurposing of the networks to hydrogen are not to be considered as financial transfers between regulated assets.

Amendment 267 #

Proposal for a regulation
Article 4 – paragraph 4

4. By [date of adoption =1 year] ACER shall issue recommendations to transmission or network operators and regulatory authorities on the methodologies for: (a) the determination of the value of the assets that are transferred to another regulated asset base and the destination of any profits and losses that may occur as a result; (b) the calculation of the size and maximum duration of the financial transfer and dedicated charge; (c) the criteria to allocate contributions to the dedicated charge among final consumers connected the regulated asset base. ACER shall update the recommendations at least once every two yearsdeleted

Amendment 268 #

Proposal for a regulation
Article 4 – paragraph 4

Amendment 269 #

Proposal for a regulation
Article 4 – paragraph 4 – point b

~~(b) the calculation of the size and maximum duration of the financial transfer and dedicated charge;~~deleted

Amendment 270 #

Proposal for a regulation
Article 4 – paragraph 4 – point b

~~(b) the calculation of the size and maximum duration of the financial transfer and dedicated charge;~~deleted

Amendment 271 #

Proposal for a regulation
Article 4 – paragraph 4 – point b

(b) the calculation of the size ~~and maximum duration~~ of the financial transfer and dedicated charge;

Amendment 272 #

Proposal for a regulation
Article 4 – paragraph 4 – point c

~~(c) the criteria to allocate contributions to the dedicated charge among final consumers connected the regulated asset base.~~deleted

Amendment 273 #

Proposal for a regulation
Article 4 – paragraph 4 – point c

~~(c) the criteria to allocate contributions to the dedicated charge among final consumers connected the regulated asset base.~~deleted

Amendment 274 #

Proposal for a regulation
Article 4 – paragraph 4 – point c

(c) the criteria to allocate contributions to the dedicated charge ~~among final consumers connected the regulated asset base~~.

Amendment 275 #

Proposal for a regulation
Article 4 – paragraph 4 – point c a (new)

(c a) the criteria to allow and determine the inter-temporal allocation of network development costs among hydrogen consumers.

Amendment 276 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 1 a (new)

Notwithstanding paragraphs 1, 2 and 3 of this Article, the Commission is empowered to adopt delegated acts in accordance with Article 63 in order to supplement this Regulation, Directive 2003/87, Regulation 2021/1153 and Regulation (EU) 2022/869 as to provide additional financial resources from EU funds (including and not limited to CEF and Innovation Fund) necessary to support the repurposing of natural gas infrastructure in Member States that are hydrogen "transit/net exporter" Member States.

Amendment 277 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

In regard to point (a) of the first subparagraph, where a transmission system operator offers the same service to different customers, it shall do so under equivalent contractual terms and conditions, either using harmonised transport contracts or a common network code approved by the competent authority in accordance with the procedure laid down in Article 72 or 73 of recast Gas Directive as proposed in COM(2021) xxx . Transmission system operators shall publish contractual terms and tariffs charged for network access and, if applicable, balancing charges, on their website.

Amendment 278 #

Proposal for a regulation
Article 5 – paragraph 1 a (new)

1 a. No tariffs shall be charged pursuant to Article 15 for access to the transmission networks at interconnection points between Member States.

Amendment 279 #

Proposal for a regulation
Article 5 – paragraph 1 b (new)

1 b. Transmission system operators shall publish contractual terms and tariffs charged for network access and, if applicable, balancing charges, on their website.

Amendment 280 #

Proposal for a regulation
Article 6 – paragraph 5

5. Hydrogen network operators shall regularly assess market demand for new investment, taking into account, security of supply ~~and~~, the efficiency of the final hydrogen uses and the infrastructure needs of priority sectors identified based on the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.

Amendment 281 #

Proposal for a regulation
Article 6 – paragraph 5

5. Hydrogen network operators shall regularly assess market demand for new investment, taking into account security of supply ~~and~~, the efficiency of the final hydrogen uses and the needs of infrastructure of sectors of prioritisation with the highest CO2 abatement potentials per tonne of consumed hydrogen.

Amendment 282 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 6 – paragraph 5

5. Hydrogen network operators shall regularly assess market demand for new investment, taking into account security of supply ~~and~~, the efficiency of the final hydrogen uses. and the infrastructure needs of priority sectors identified based on the highest greenhouse gases emissions abatement potential.

Amendment 283 #

Proposal for a regulation
Article 6 – paragraph 5 a (new)

5 a. In case there is less capacity than potential users, priority shall be given to potential users who can demonstrate the highest potential of greenhouse gas abatement. This shall not apply to access to the hydrogen network that has already been granted by the date of the conflict.

Amendment 284 #

Proposal for a regulation
Article 6 – paragraph 7

7. As of 1 jJanuary 2031, Article 15 shall apply also to tariffs for access to hydrogen networks. ~~No tariffs shall be charged pursuant to Article 15for access to hydrogen networks at interconnection points between Member States~~The concerned regulatory authorities shall jointly agree on the tariff regime for access to hydrogen networks at interconnection points between Member States, including the possibility of avoiding the application of charges. In case they cannot reach an agreement, ACER shall decide on the tariff regime for access to hydrogen networks at interconnection points between the concerned Member States, following the process set out in Article 6(10) of Regulation (EU) 2019/942. Where a Member State decides to apply regulated third party access to hydrogen networks in accordance with Article 31 of [recast Gas Directive] before 1 January 2031, paragraph 1 of Article 15 shall be applicable to access tariff to hydrogen networks in that Member State.

Amendment 285 #

Proposal for a regulation
Article 6 – paragraph 7

7. As of 1 january 2031, Article 15 shall apply also to tariffs for access to hydrogen networks. ~~No tariffs shall be charged pursuant to Article 15for access to hydrogen networks at interconnection points between Member States.~~ Where a Member State decides to apply regulated third party access to hydrogen networks in accordance with Article 31 of [recast Gas Directive] before 1 January 2031, paragraph 1 of Article 15 shall be applicable to access tariff to hydrogen networks in that Member State.

Amendment 286 #

Proposal for a regulation
Article 6 – paragraph 7

Amendment 287 #

Proposal for a regulation
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 288 #

Proposal for a regulation
Article 8 – paragraph 1

LNG and storage system operators shall, at least every two years, assess market demand for new investment allowing the use of renewable and low carbon gases in the facilities. When planning new investments, LNG and storage system operators shall assess market demand and take into account security of supply. LNG and storage system operators shall make publicly available any plans regarding new investments allowing the usage of renewable and low carbon gases in their facilities be included in coordinated network planning procedures, as described in Article 15(1) of the recast gas Directive.

Amendment 289 #

Proposal for a regulation
Article 8 – paragraph 1

LNG and storage system operators shall, in cooperation with relevant regulatory authorities and at least every two years, assess market demand for new investment, allowing the use of renewable and low carbon gases in the facilities, including repurposing for hydrogen derivatives and hydrogen terminals. When planning new investments, LNG and storage system operators shall assess market demand and take into account security of supply and avoid fossil fuel lock-in. LNG and storage system operators shall make publicly available any plans regarding new investments allowing prioritising the usage of renewable and low carbon gases in their facilities.

Amendment 290 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
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, as well as market demand for liquid hydrogen and new related investments. 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.

Amendment 291 #

Proposal for a regulation
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 such as repurposing for hydrogen derivatives and hydrogen terminals. 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.

Amendment 292 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
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 293 #

Proposal for a regulation
Article 9 – paragraph 2 – point a

(a) provide appropriate economic signals for the efficient and maximum use of technical capacity, facilitate investment in new infrastructure and facilitate cross- border exchanges in natural gas, taking into account investments in decommissioning, repurposing to hydrogen and investments in alternative demand-side solutions not requiring new infrastructure investments;

Amendment 294 #

Proposal for a regulation
Article 9 – paragraph 4

4. Transmission system operators shall regularly assess market demand for new investment taking into account the joint scenario as developed for the integrated network development plan based on Article 51 of [recast Gas Directive as proposed in COM(2021) xxx] as well as security of supply, and hydrogen priority sectors identified based on highest greenhouse emissions abatement potential per tonne of consumed hydrogen.

Amendment 295 #

Proposal for a regulation
Article 9 – paragraph 4

4. Transmission system operators shall regularly assess market demand for new investment taking into account the joint scenario as developed for the integrated network development plan based on Article 51 of [recast Gas Directive as proposed in COM(2021) xxx] as well as security of supply, and sectors of hydrogen prioritisation identified based on the highest CO2 abatement potentials per tonne of consumed hydrogen.

Amendment 296 #

Proposal for a regulation
Article 9 – paragraph 4

4. Transmission system operators shall regularly assess market demand for new investment taking into account the joint scenario as developed for the integrated network development plan based on Article 51 of [recast Gas Directive as proposed in COM(2021) xxx] ~~as well as~~ security of supply and hydrogen priority sectors identified based on highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.

Amendment 297 #

Proposal for a regulation
Article 13 – title

13 Certification of transmission system operators and hydrogen transmission network operators

Amendment 298 #

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. The Commission shall examine any notification of a decision on the certification of a transmission system operator or a hydrogen transmission network operator as laid down in Article 65(6) of [the recast gas Directive as proposed in COM(2021)xxx] as soon as it is received. Within two months of the day of receipt of such notification, the Commission shall deliver its opinion to the relevant regulatory authority in regard to its compatibility with Article 65(2) or Article 66, and Article 54 of Recast Gas Directive for transmission system operators, and Article 65 of that Directive for hydrogen network operators . .

Amendment 299 #

Massimiliano SALINI, Antonio TAJANI, Andrea CAROPPO, Salvatore DE MEO, Aldo PATRICIELLO

Proposal for a regulation
Article 13 – paragraph 2

2. Within two months of receiving an opinion of the Commission, the regulatory authority shall adopt its final decision regarding the certification of the transmission system operator or hydrogen network operator , taking the utmost account of that opinion. The regulatory authority's decision ~~and~~, the Commission's opinion and ACER's opinion referred to in paragraph 1, subparagraph 1, if provided, shall be published together.

Amendment 300 #

Proposal for a regulation
Article 15 – paragraph 1 – introductory part

1. Tariffs, or the methodologies used to calculate them, applied by the transmission system operators and approved by the regulatory authorities pursuant to Article 72(7) of Recast Gas Directive , as well as tariffs published pursuant to Article 27(1) of that Directive, shall be transparent, take into account the need for system integrity and its improvement and reflect the actual costs incurred, insofar as such costs correspond to those of an efficient and structurally comparable network operator and are transparent, whilst including an appropriate return on investments . Tariffs, or the methodologies used to calculate them, shall be ~~appli~~determined in a non discriminatory manner. at European level.

Amendment 301 #

Massimiliano SALINI, Antonio TAJANI, Andrea CAROPPO, Salvatore DE MEO, Aldo PATRICIELLO

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1

~~Tariffs may also be determined through market-based arrangements, such as auctions, provided that such arrangements and the revenues arising therefrom are approved by the regulatory authority.~~deleted

Amendment 302 #

Massimiliano SALINI, Antonio TAJANI, Andrea CAROPPO, Salvatore DE MEO, Aldo PATRICIELLO

Proposal for a regulation
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 303 #

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 3

Tariffs for network users shall be non- discriminatory and set separately for every entry point into or exit point out of the transmission system without prejudice to paragraph 2 of this Article for interconnection points between Member States. Cost-allocation mechanisms and rate setting methodology regarding entry points and exit points shall be approved by the regulatory authorities. ~~Member States shall ensure that network charges shall not be calculated on the basis of contract paths.~~

Amendment 304 #

Massimiliano SALINI, Antonio TAJANI, Andrea CAROPPO, Salvatore DE MEO, Aldo PATRICIELLO

Proposal for a regulation
Article 15 – paragraph 2

2. Tariffs for network access shall neither restrict market liquidity nor distort trade across borders of different transmission systems. In this regard, competitive auctions with a zero-reserve price shall be used to allocate capacity at entry and exit infra-EU interconnection points. The revenues of these auctions shall be used to cover the efficient costs of the corresponding transmission systems. Without prejudice to the competence of ACER pursuant to Article 6 of Regulation EU 2019/292, the regulatory authorities responsible for these interconnection points shall identify mechanisms for the compensation between operators of the relevant costs not covered by their respective revenues from the auction procedures. Where differences in tariff structures would hamper trade across transmission systems, and notwithstanding Article 72 (7) of Recast Gas Directive , transmission system operators shall, in close cooperation with the relevant national authorities, actively pursue convergence of tariff structures and charging principles.

Amendment 305 #

Proposal for a regulation
Article 15 – paragraph 2 a (new)

2 a. The regulatory authority may apply a discount of up to 100% to capacity-based transmission and distribution tariffs at entry points from and exit points to underground storage, hydrogen and LNG facilities, unless and to the extent that a storage facility which is connected to more than one transmission or distribution network is used to compete with an interconnection point. The Commission shall re-examine that tariff discount 5 years after entry into force of this Regulation. It shall assess whether the level of the reduction set out in this Article remains adequate for the purpose of increasing security of supply and in light of the storage obligation pursuant to Article 6a of Regulation (EU) 2017/1938 of the European Parliament and of the Council.

Amendment 306 #

Proposal for a regulation
Article 15 – paragraph 2 a (new)

2 a. Connection rules and fees for renewable and low carbon gases injecting into the network should ensure proportioned connection costs facilitating their integration onto the network. In the interest of enabling greater penetration of renewable and low carbon gases, national regulatory authorities should be empowered to facilitate discounts on connection fees for renewable and low carbon gas producers. The application of any discounts should be applied in a non- discriminatory and transparent manner and without cross-subsidies impacting transportation tariffs and the connection rules applied should be published.

Amendment 307 #

Klemen GROŠELJ, Christophe GRUDLER, Mauri PEKKARINEN, Claudia GAMON

Proposal for a regulation
Article 16

~~[...]~~deleted

Amendment 308 #

Proposal for a regulation
Article 16

~~[...]~~deleted

Amendment 309 #

Massimiliano SALINI, Antonio TAJANI, Andrea CAROPPO, Salvatore DE MEO, Aldo PATRICIELLO

Proposal for a regulation
Article 16 – paragraph 1 – introductory part

1. When setting tariffs, a discount for renewable ~~and low carbon~~ gases shall be applied to:

Amendment 310 #

Proposal for a regulation
Article 16 – paragraph 1 – point a

(a) entry points from renewable and low carbon production facilities. A discount of 75% shall be applied to the respective capacity-based tariffs for the purposes of scaling-up the injection of renewable and low-carbon gases;deleted

Amendment 311 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Simona BONAFÈ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 16 – paragraph 1 – point a

(a) entry points from renewable ~~and low carbon~~ production facilities connected to transmission and distribution networks. A discount of 75100% shall be applied to the respective capacity-based tariffs for the purposes of scaling-up the injection of renewable ~~and~~. Member States may decide to apply a discount of 75% to low-carbon gases;

Amendment 312 #

Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ

Proposal for a regulation
Article 16 – paragraph 1 – point a

(a) entry points from renewable ~~and low carbon~~ production facilities. A discount of 75100% shall be applied to the respective capacity- based tariffs for the purposes of scaling-up the injection of renewable ~~and~~gases. Member States may decide to apply a discount of 75% to low-carbon gases;

Amendment 313 #

Proposal for a regulation
Article 16 – paragraph 1 – point b

(b) capacity-based transmission tariffs at entry points from and exit points to storage facilities, unless a storage facility is connected to more than one transmission or distribution network and used to compete with an interconnection point. Such a discount shall be set at a level of 75% in the Member States where the renewable and low carbon gas was first injected into system.deleted

Amendment 314 #

Nicolás GONZÁLEZ CASARES, Eva KAILI, Lina GÁLVEZ MUÑOZ, Carlos ZORRINHO, Adriana MALDONADO LÓPEZ

Proposal for a regulation
Article 16 – paragraph 1 – point b

Amendment 315 #

Proposal for a regulation
Article 16 – paragraph 1 – point b

(b) capacity-based transmission tariffs at entry points from and exit points to storage facilities, unless a storage facility is connected to more than one transmission or distribution network and used to compete with an interconnection point. Such a discount shall be set at a level of 75100% in the Member States where the renewable ~~and low carbon~~ gas was first injected into system. Member States may decide to apply a discount of 75% to low-carbon gases.

Amendment 316 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Simona BONAFÈ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 16 – paragraph 1 – point b

(b) capacity-based transmission tariffs at entry points from and exit points to storage facilities, unless a storage facility is connected to more than one transmission or distribution network and used to compete with an interconnection point. Such a discount shall be set at a level of 75100% in the Member States where the renewable ~~and low carbon~~ gas was first injected into system. Member States may decide to apply a discount of 75% to low-carbon gases.

Amendment 317 #

Proposal for a regulation
Article 16 – paragraph 1 – point b

(b) capacity-based transmission tariffs at entry points from and exit points to hydrogen terminals and to storage facilities, unless a storage facility is connected to more than one transmission or distribution network and used to compete with an interconnection point. Such a discount shall be set at a level of 75% in the Member States where the renewable and low carbon gas was first injected into system.

Amendment 318 #

Proposal for a regulation
Article 16 – paragraph 2

2. Regulatory authorities may set discount rates ~~lower~~ than those set in paragraph 1 of this Article provided that the discount is in line with the general tariff principles as set out in Article 15 and in particular the principle of cost- reflectiveness, taking into account a need for stable financial frameworks for existing investments where appropriate, and the advancement of the roll-out of renewable and low-carbon gases in the Member State concerned.

Amendment 319 #

Massimiliano SALINI, Antonio TAJANI, Andrea CAROPPO, Salvatore DE MEO, Aldo PATRICIELLO

Proposal for a regulation
Article 16 – paragraph 4

4. The Commission shall re-examine the tariff reductions pursuant to paragraph 1 [5 years after entry into force of the Regulation]. It shall issue a report providing an overview of their implementation and of those set by regulatory authorities pursuant to paragraph 2 and assess whether the level of the reductions set in paragraph 1 is still adequate in view of the latest market developments. The ~~Commission shall be empowered to adopt delegated ac~~report shall also include an assessment of the impacts of implemented discounts ion ~~accordance with Article 63 in order to chang~~tariff structures and stability. The report shall be accompanied by a legislative proposal to revise the discount levels as set in paragraph 1, if appropriate.

Amendment 320 #

Proposal for a regulation
Article 16 – paragraph 4

4. The Commission shall re-examine the tariff reductions pursuant to paragraph 1 [5 years after entry into force of the Regulation]. It shall issue a report providing an overview of their implementation and assess whether the level of the reductions set in paragraph 1 is still adequate in view of the latest market developments. The report shall provide a comprehensive assessment of the impacts of implemented tariff reductions on final consumers. The Commission shall be empowered to adopt delegated acts in accordance with Article 63 in order to change or remove the discount levels as set in paragraph 1.

Amendment 321 #

Proposal for a regulation
Article 16 – paragraph 5

~~[...]~~deleted

Amendment 322 #

Proposal for a regulation
Article 16 – paragraph 5

~~[...]~~deleted

Amendment 323 #

Nicolás GONZÁLEZ CASARES, Eva KAILI, Lina GÁLVEZ MUÑOZ, Carlos ZORRINHO, Adriana MALDONADO LÓPEZ

Proposal for a regulation
Article 16 – paragraph 5 – introductory part

5. As of 1 January in the year after the adoption, network users shall receive a discount of 100% on the regulated tariff from the distribution and transmission system operator at all intra-EU interconnection point~~s, including entry points from and exit points to third countries as well as entry points from LNG terminal~~s for renewable and low- carbon gases, after providing the respective transmission and distribution system operator with a proof of sustainability, based on a valid sustainability certificate pursuant to Articles 29 and 30 of Directive (EU) 2018/2001 2001 of the European Parliament and of the Council10 and registered in the Union database. . _________________ 10 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

Amendment 324 #

Proposal for a regulation
Article 16 – paragraph 5 – introductory part

5. As of 1 January in the year after the adoption, network users shall receive a discount ~~of 100%~~ on the regulated tariff from the transmission system operator at all interconnection points, including entry points from and exit points to third countries as well as entry points from LNG terminals of 100 % for renewable and 75% for low-carbon gases, after providing the respective transmission system operator with a proof of sustainability, based on a valid sustainability certificate pursuant to Articles 29 and 30 of Directive (EU) 2018/2001 2001 of the European Parliament and of the Council10 and registered in the Union database. . _________________ 10 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

Amendment 325 #

Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point a

(a) Transmission system operators shall be required to provide the discount only for the shortest possible route in terms of border crossings between the location of where the specific proof of sustainability declaration, based on the sustainability certificate, was first recorded in the Union database and where it has been cancelled as considered consumed. Any potential auction premium shall not be covered by the discount.deleted

Amendment 326 #

Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point a

Amendment 327 #

Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point b

(b) Transmission system operators shall provide information on actual and expected volumes of renewable and low carbon gases and the effect of applying the tariff discount on their revenues towards the respective regulatory authority. Regulatory authorities shall monitor and assess the impact of the discount on tariff stability.deleted

Amendment 328 #

Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point b

Amendment 329 #

Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point c

(c) Once the revenue of a transmission system operator from these specific tariffs is reduced by 10% as a result of applying the discount, the affected and all neighbouring transmission system operators are required to negotiate an inter transmission system operator compensation mechanism. The system operators concerned shall agree within 3 years. Where within that time period no agreement is reached, the involved regulatory authorities shall decide jointly on an appropriate inter transmission system operator compensation mechanism within 2 years. In absence of agreement among the regulatory authorities, Article 6 of ACER Regulation shall apply. Where the regulatory authorities have not been able to reach agreement within 2 years, or upon their joint request, ACER shall decide, in accordance with the second subparagraph of Article 6(10) of Regulation (EU) 2019/942.deleted

Amendment 330 #

Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point c

Amendment 331 #

Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point d

(d) Further details required to implement the discount for renewable and low carbon gases, such as the calculation of the eligible capacity for which the discount applies and the required processes, shall be set in a network code established on the basis of Article 53 of this Regulation.deleted

Amendment 332 #

Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point d

Amendment 333 #

Proposal for a regulation
Article 16 – paragraph 5 a (new)

5 a. Member States and regulatory authorities shall assess the possibility to offer support to lower grid connection costs and fees for renewable gases production facilities.

Amendment 334 #

Proposal for a regulation
Article 16 a (new)

Article 16 a Tariff discounts for storage operators and LNG terminals in natural gas networks Member States shall ensure the use of the existing infrastructure at national and regional level, for the benefit of the security of supply in an efficient way. Therefore, when setting tariffs, a discount shall be applied to:(a) storage facilities shall receive a discount of 100% on the regulated capacity-based transmission tariffs at entry points from and exit points to storage facilities, unless a storage facility is connected to more than one transmission or distribution network and used to compete with an interconnection point. (b) LNG terminals shall receive a discount of 100% on the regulated tariff from the transmission system operator at all entry points from LNG terminals.(c) Regulatory authorities may set lower discount rates than those set in paragraph 1a and 1b of this Article provided that the discount is in line with the general tariff principles as set out in Article 15 and in particular the principle of cost-reflectiveness, taking into account a need for stable financial frameworks for existing investments where appropriate.

Amendment 335 #

Proposal for a regulation
Article 17 – paragraph 2

Amendment 336 #

Proposal for a regulation
Article 17 – paragraph 2

Amendment 337 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Simona BONAFÈ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 17 – paragraph 2

2. The costs of the transmission system operator shall be subject to an efficiency comparison between Union transmission system operators, be appropriately defined by ACER. ACER shall publish on [3 years after transposition] and every four years thereafter a study comparing the efficiency of Union transmission system operators’ costs. The relevant regulatory authorities and the transmission system operators shall provide ACER with all the data necessary for this comparison. The results of such comparison shall be taken into account by the relevant regulatory authorities, together with national circumstances, when periodically setting the allowed or target Until no later than 1 January 2025, ACER shall publish a study on the feasibility of comparing the efficiency of Union transmission system operators, taking into account relevant differences in Member States such as network topology, the applicable regulatory regime, the number of transmission system operators, the role of cross-system flows and competing gas routes, as well as the prevsen~~ues~~ce of ~~transmission system operator~~security of supply issues.

Amendment 338 #

Proposal for a regulation
Article 17 a (new)

Article 17 a National strategies on sustainable biogas and biomethane production and use 1. Within two years after the entry into force of this Regulation, Member States shall develop national strategies on sustainable biogas and biomethane production and use. 2. Such strategies shall assess the Member State's national potential for biogas and biomethane production and the effective integration of the latter into the grid. The national strategy shall provide a trajectory to reach the identified national potentials by 2030 and 2050. 3. The development of the national strategy shall focus on the most sustainable paths, based on waste-based production and the evaluation of the preconditions to further promote the potential of sustainable biomass. This assessment shall be done by taking into account the cascading principle of Article 3(3) of [the proposal for a revised Directive (EU) 2018/2001 (RED II) as proposed in COM(2021) 557 final]. 4. The national strategy shall evaluate any barriers for the production or injection of the biomethane into the grid in the national or regional context and integrate actions for lifting these barriers. It shall further evaluate the standardisation needs and the need for harmonization of market regulation with other Member States. 5. The national strategy shall be closely linked with the integrated National Energy and Climate Plans under Regulation (EU) 2018/1999, and progress in achieving the strategy and its contribution to national and Union targets shall be reported as part of the biennial reporting under Regulation (EU) 2018/1999. 6. Member States shall consult the competent regulatory authority, regional and local authorities as well as transmission and distribution system operators and other relevant parties when developing the national strategies.

Amendment 339 #

Ivan DAVID, Paolo BORCHIA, Isabella TOVAGLIERI, Matteo ADINOLFI

Proposal for a regulation
Article 17 a (new)

Article 17 a Assessment of long-term renewable gas potential as a basis for optimised transmission and distribution system development 1 (new). Member States shall be responsible for assessing the potential of biomethane production at a local level throughout their territory, as part of their National Biogas and Biomethane Strategies. This assessment shall be performed within two years after the entry into force of this Regulation. It may build on existing assessments. 2 (new). The scope of biomass considered in this assessment shall include biomass feedstock as defined in Article 2 of Directive 2018/2001 and that fulfils the Union sustainability criteria. 3 (new). Member States shall consult the competent regulatory authority, transmission and distribution system operators in the design phase of the assessment to define: 1. The territorial unit within which a production potential shall be assessed; 2. For the scope of the biomass assessed, the geographical proximity with the existing natural gas networks. 4 (new) During the assessment exercise, the improvement of an existing assessment and the subsequent updates, Member States shall consult regional and local authorities as well as transmission and distribution system operators. It may consult other relevant parties. 5 (new). The assessment may be updated regularly.

Amendment 340 #

Proposal for a regulation
Article 17 a (new)

Article 17 a “Assessment of long-term renewable gas potential as a basis for optimised transmission and distribution system development” 1. Member States shall be responsible for assessing the potential of biomethane production at a local level throughout their territory, as part of their National Biogas and Biomethane Strategies. This assessment shall be performed within two years after the entry into force of this Regulation. It may build on existing assessments. 2. The scope of biomass considered in this assessment shall include biomass feedstock as defined in Article 2 of Directive 2018/2001 and that fulfils the Union sustainability criteria. 3. Member States shall consult the competent regulatory authority, transmission and distribution system operators in the design phase of the assessment to define: a) The territorial unit within which a production potential shall be assessed; b) For the scope of the biomass assessed, the geographical proximity with the existing natural gas networks. 4. During the assessment exercise, the improvement of an existing assessment and the subsequent updates, Member States shall consult regional and local authorities as well as transmission and distribution system operators. It may consult other relevant parties. 5. The assessment may be updated regularly.

Amendment 341 #

Proposal for a regulation
Article 17 a (new)

Article 17 a Facilitating biomethane connections and potential analysis 1. Member States shall establish regional maps, identifying the areas with the highest potential for sustainable biogas and biomethane production and that fulfils the Union sustainability criteria as defined in Directive2018/2001 due to the availability of raw materials (i.e. waste/residues) and existing operating biogas or biomethane plants.2. Distribution system operators and transmission system operators shall be obliged to map connection potentials based on existing and expected capacity to facilitate connection requests, taking into consideration the potential for an increase of sustainable biogas and biomethane production provided on the basis of paragraph 1.3. On this basis, National Regulatory Authorities should be identifying projects to pool multiple sources of biogas to a central upgrading biomethane plant for injection into the gas grid. A progress report on the production,transportation and uptake of biomethane should be issued by National Regulatory Authorities regularly starting in 2024, in cooperation with relevant stakeholders.

Amendment 342 #

Proposal for a regulation
Article 17 a (new)

Article 17 a Facilitating biomethane connections and potential analysis 1. 1 year after the entry into force of the Regulation, Member States shall establish regional maps, identifying the areas with the highest potential for sustainable biogas and biomethane production and that fulfil the Union sustainability criteria within the meaning of Directive (EU) 2018/2001 due to the availability of raw materials, such as waste or residues, and existing operating biogas or biomethane plants. 2. Distribution system operators and transmission system operators shall be obliged to map connection potentials based on existing and expected capacity to facilitate connection requests, taking into consideration the potential for an increase of sustainable biogas and biomethane production provided on the basis of paragraph 1.

Amendment 343 #

Ivan DAVID, Paolo BORCHIA, Isabella TOVAGLIERI, Matteo ADINOLFI

Proposal for a regulation
Article 18 – paragraph 1

1. Transmission system operators shall ensure firm capacity for the access of production facilities of renewable and low carbon gases connected to their grid. For this purpose, transmission system operators shall develop in cooperation with the distribution system operators ~~procedures and arrangements~~network connection and reinforcements plans as set out in Article 53bis of [recast Gas Directive as proposed in COM(2021) xxx], as well as procedures and arrangements necessary to implement the necessary network reinforcements (as defined in Article 2, point 35bis of the [recast Gas Directive as proposed in COM(2021) xxx], including investments~~, to ensur~~ aiming to operate reverse flow from distribution to transmission network.

Amendment 344 #

Proposal for a regulation
Article 18 – paragraph 1

1. Transmission system operators shall ensure firm capacity for the access of production facilities of renewable and low carbon gases connected to their grid. For this purpose, transmission system operators shall develop in cooperation with the distribution system operators ~~procedures and arrangements~~network connection and reinforcements plans as set out in Article 53bis of (reference to the revised Gas Directive), as well as procedures and arrangements necessary to implement the necessary network reinforcements (as defined in Article 2, point 35bis of the reference to the revised Gas Directive), including investments~~, to ensure~~ aiming to operate a reverse flow from distribution to transmission network.

Amendment 345 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 18 – paragraph 1

Amendment 346 #

Proposal for a regulation
Article 18 – paragraph 2

2. Paragraph 1 shall be without prejudice to the possibility for transmission system operators to develop alternatives to reverse flow investments, such as smart grid solutions or connection to other network operators. Firm access may only be limited to offer capacities subject to operational limitations, in order to ensure economic efficiency. The regulatory authority shall be responsible to review and approve the TSO’s conditions for conditional capacity and ensure that any limitations in firm capacity or operational limitations are introduced on the basis of transparent and non-discriminatory procedures and do not create undue barriers to market entry. Where the production facility bears the costs related to ensuring firm capacity, no limitation shall apply.

Amendment 347 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Simona BONAFÈ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 18 – paragraph 2

Amendment 348 #

Proposal for a regulation
Article 18 – paragraph 2 a (new)

2 a. For the purpose of the swift implementation of grid connection of renewable gas production, Member States shall ensure: (a) that the transmission system operator complies with reasonable time limits to assess the requests for injection of renewable gases, make an offer and implement the connection, with monitoring of the national regulatory authority in accordance with with Article 41 and Article 72(1), point (t) of [the recast Gas Directive as proposed in COM(2021) xxx]; (b) that permitting procedures for the implementation of the connection are not hampered by a lack of administrative capacity and do not create a hurdle to the achievement of the national renewable energy target.

Amendment 349 #

Proposal for a regulation
Article 19 – paragraph 1

1. Transmission system operators shall cooperate to avoid restrictions to cross-border flows due to gas quality differences on interconnection points between Union Member States. When cooperating, transmission system operators shall take into account characteristics of installations of final gas customers and these customers' rights.

Amendment 350 #

Proposal for a regulation
Article 19 – paragraph 1 a (new)

1 a. For hydrogen blended into the natural gas system, this Article should only apply to gas flows with a hydrogen content up to 5-10% by volume.

Amendment 351 #

Proposal for a regulation
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 352 #

Proposal for a regulation
Article 19 – paragraph 1 b (new)

1 b. Member States shall ensure that diverging technical specifications, including gas quality parameters such as oxygen content and hydrogen blending in the natural gas system are not used to restrict cross-border gas flows.

Amendment 353 #

Proposal for a regulation
Article 19 – paragraph 1 c (new)

1 c. Member States shall ensure that diverging technical specifications, including gas quality parameters such as oxygen content and hydrogen blending in the natural gas system are not used to restrict cross-border gas flows.

Amendment 354 #

Proposal for a regulation
Article 19 – paragraph 4 – introductory part

4. Where the concerned regulatory authorities recognise the restriction, they shall request the concerned transmission system operators to perform~~, within 12 months from the recognition,~~ the following actions in sequence:

Amendment 355 #

Proposal for a regulation
Article 19 – paragraph 4 – introductory part

Amendment 356 #

Proposal for a regulation
Article 19 – paragraph 4 – introductory part

4. Where the concerned regulatory authorities recognise the restriction, they shall request the concerned transmission system operators to perform, ~~within 12 months from the recognition,~~ the following actions in sequence:

Amendment 357 #

Proposal for a regulation
Article 19 – paragraph 4 – point a

(a) cooperate and develop technically feasible options, without changing the gas quality specifications, which may include flow commitments and gas treatment, in order to remove the recognised restriction and taking into account information provided by end-customers directly connected to the transmission system operator grid or distribution system operator that could be affected by that process;

Amendment 358 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 19 – paragraph 4 – point a

(a) cooperate and develop technically feasible options, without changing the gas quality specifications, which may include flow commitments and gas treatment, in order to remove the recognised restriction and taking into account information provided by other stakeholders who might be affected by this process;

Amendment 359 #

Pernille WEISS

Proposal for a regulation
Article 19 – paragraph 4 – point b

(b) jointly carry out a cost-benefit analysis on the technically feasible options to define economically efficient solutions which shall specify the breakdown of costs and benefits among the categories of affected parties, taking into account a regional and cross European perspective including impacts on crossborder gas flows, cost-effective integration of RES and decarbonisation of the gas system;

Amendment 360 #

Proposal for a regulation
Article 19 – paragraph 4 – point d

(d) conduct a public consultation, in particular of affected end customers connected to the transmission network, on identified feasible solutions and take into consideration the results of the consultation;

Amendment 361 #

Proposal for a regulation
Article 19 – paragraph 6

6. The concerned regulatory authorities shall take a joint coordinated decision for removing the recognised restriction~~, taking into account~~ or for granting or prolonging a temporary exemption, to be reviewed every four years, based on the cost benefit analysis prepared by the concerned transmission system operators and the results of the public consultation within six months as set out in Article 6(10) of Regulation (EU) 2019/942.

Amendment 362 #

Proposal for a regulation
Article 19 – paragraph 6 a (new)

6 a. The concerned regulatory authorities may, in duly justified cases related to safety or security concerns, in their joint coordinated decision described in paragraph 6 decide to grant exemptions to transmission system operators from the obligation to accept gas flows with a hydrogen content of up to 5% as set out in Article 20(1) to remove the recognised restriction. Duly justified cases may also include arrangements to optimise the use of hydrogen blending in the EU by allocating the available firm hydrogen blending capacity within the system and across borders.

Amendment 363 #

Proposal for a regulation
Article 19 – paragraph 6 b (new)

6 b. The regulatory authorities shall notify the Commission without delay of their decision to grant an exemption referred to in paragraph 7, together with all the relevant information with respect to the exemption. That information may be submitted to the Commission in an aggregated form, enabling the Commission to reach a well-founded decision.

Amendment 364 #

Proposal for a regulation
Article 19 – paragraph 6 c (new)

6 c. Within a period of two months from the day following the receipt of a notification, the Commission may take a decision requiring the regulatory authorities to amend or withdraw the decision to grant an exemption. That two- month period may be extended by an additional period of two months where further information is sought by the Commission. That additional period shall begin on the day following the receipt of the complete information. The initial two- month period may also be extended with the consent of both the Commission and the regulatory authority. The regulatory authorities shall comply with the Commission decision to amend or withdraw the exemption decision and shall inform the Commission accordingly.

Amendment 365 #

Proposal for a regulation
Article 19 – paragraph 7

7. The joint coordinated decision of the concerned regulatory authorities shall include a decision on the allocation of the investment costs to be borne by each transmission system operator for implementing the agreed solution, as well as their inclusion in t~~ariff~~he allowed or target revenue of transmission system operators, taking into account the economic, social and environmental costs and benefits of the solution in the concerned Member States and its consequence for tarrifs.

Amendment 366 #

Klemen GROŠELJ, Christophe GRUDLER, Mauri PEKKARINEN, Claudia GAMON

Proposal for a regulation
Article 19 – paragraph 10

10. Where the relevant regulatory authorities cannot take a joint coordinated decisions as referred to in paragraphs 6 and 7, ACER shall decide on the solution to remove the recognised restriction and on the allocation of the investment costs to be borne by each transmission system operator for implementing the agreed solution or to grant or prolong a temporary exemption, to be reviewed every four years, following the process set out in Article 6(10) of Regulation (EU) 2019/942.

Amendment 367 #

Proposal for a regulation
Article 19 – paragraph 11

11. Further details required to implement elements of this Article, including details on the cost benefit analysis and on a common binding natural gas quality specification for cross- border natural gas interconnectors, shall be set in a network code established on the basis of Article 53 of this Regulation.

Amendment 368 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 20

Hydrogen blends at interconnection points between Union Member States in 1. Transmission system operators shall accept gas flows with a hydrogen content of up to 5% by volume at interconnection points between Union Member States in the natural gas system from 1 October 2025, subject to the procedure described in Article 19 of this Regulation. 2. When the hydrogen content blended in the natural gas system exceeds 5% by volume, the process described in Article 19 of this Regulation shall not apply. 3. Member States shall not use hydrogen blending in the natural gas system to restrict cross-border gas flows.Article 20 deleted the natural gas system

Amendment 369 #

Susana SOLÍS PÉREZ

Proposal for a regulation
Article 20 – paragraph 1

1. T~~ransmission system operators shall accept~~he mandatory acceptance of gas flows with a ~~hydrogen~~H2 content of up to 5% by volume at ~~interconnection points between Union Member States in the natural gas system from 1 October 2025, subj~~IPs between EU Members from 1 October 2025 is essential to support the hydrogen market uptake in peripheral regions and to avoid market fragmentation. However, the procedure described in article 19 may delay the acceptance of gas flows with a H2 content of up to 5% by volume at IPs between EU Members for around 3 or 4 years just by showing a discrepancy. In order to avoid the undesirable effect ton the ~~procedure described in Article 19 of this Regulation~~hydrogen market uptake and on market integration that this would have, a reduction of lead-times to a half is required.

Amendment 370 #

Proposal for a regulation
Article 20 – paragraph 1

1. Transmission system operators shall accept gas flows with a hydrogen content of up to 5% by volume at interconnection points between Union Member States in the natural gas system from 1 October 2025, subject to the procedure described in Article 19 of this Regulation. and the compatibility with the national energy and climate plan of the respective Member State.

Amendment 371 #

Proposal for a regulation
Article 20 – paragraph 1

1. Transmission system operators shall accept gas flows with a hydrogen content of up to 5% by volume at interconnection points between Union Member States in the natural gas system from 1 October 2025,. This obligation shall be subject to the procedure described in Article 19 of this Regulation.

Amendment 372 #

Klemen GROŠELJ, Christophe GRUDLER, Mauri PEKKARINEN, Claudia GAMON

Proposal for a regulation
Article 20 – paragraph 1

1. Transmission system operators shall accept gas flows with a hydrogen content of up to 5-10% by volume at interconnection points between Union Member States in the natural gas system from 1 October 2025, subject to the procedure described in Article 19 of this Regulation.

Amendment 373 #

Proposal for a regulation
Article 20 – paragraph 1

1. Transmission system operators shall accept gas flows with a hydrogen content of up to 52% by volume at interconnection points between Union Member States in the natural gas system from 1 October 2025, subject to the procedure described in Article 19 of this Regulation.

Amendment 374 #

Klemen GROŠELJ, Christophe GRUDLER, Mauri PEKKARINEN, Claudia GAMON

Proposal for a regulation
Article 20 – paragraph 1 a (new)

1 a. Member States shall define a clear pathway and timely define a course of actions to enable 5% minimum blending thresholds at Interconnection Points by 2025.

Amendment 375 #

Proposal for a regulation
Article 20 – paragraph 2

2. When the hydrogen content blended in the natural gas system exceeds 52% by volume, the process described in Article 19 of this Regulation shall not apply.

Amendment 376 #

Pernille WEISS

Proposal for a regulation
Article 20 a (new)

Article 20 a Common specifications for biomethane The Commission is empowered to adopt delegated acts laying down common principles and gas quality specifications for facilitating the cost-effective integration of large volumes of biomethane in the existing natural gas system including at cross- border interconnection points where: (a) those requirements are not covered by harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union or (b) the Commission observes undue delays in the adoption of requested harmonised standards, or considers that relevant harmonised standards are not sufficient or (c) the Commission has decided in accordance with the procedure referred to in Article 11(5) of Regulation (EU) No 1025/2012 to maintain with restriction or to withdraw the references to the harmonised standards or parts thereof by which those requirements are covered. Those delegated acts shall be adopted in accordance with the procedure referred to in Article 63. No later than 1 January 2025, the Commission shall adopt a delegated act with common specifications related to cross-border related issues.

Amendment 377 #

Proposal for a regulation
Article 21 – title

21 ~~European network of t~~The joint EU organisation of Gas Transmission sSystem oOperators ~~for ga~~and Hydrogen Transmission Network Operators

Amendment 378 #

Proposal for a regulation
Article 21 – title

21 ~~European network of t~~The joint EU organisation of Gas Transmission sSystem oOperators ~~for ga~~and Hydrogen Transmission System Operators

Amendment 379 #

Proposal for a regulation
Article 21 – paragraph 1

All transmission system operators and hydrogen transmission network operators shall cooperate at Union level through the ~~European Network of~~joint EU Organisation of Gas Transmission System Operators ~~for Gas (the ENTSO for Gas~~and Hydrogen Transmission Network Operators (ENTSOG&H), in order to promote the completion and functioning of the internal market in natural gas and hydrogen and cross-border trade and to ensure the optimal management, coordinated operation and sound technical evolution of the natural gas transmission network and of the hydrogen transmission network.

Amendment 380 #

Proposal for a regulation
Article 21 – paragraph 1

All gas transmission system operators and hydrogen transmission network operators shall cooperate at Union level through the ~~European Network of~~joint EU Organisation of Gas Transmission System Operators ~~for Gas (the ENTSO for Gas~~and Hydrogen Network Operators (ENTSOG&H), in order to promote the completion and functioning of the internal market in natural gas and hydrogen and cross-border trade and to ensure the optimal management, coordinated operation and sound technical evolution of the natural gas transmission network and the hydrogen transmission network.

Amendment 381 #

Proposal for a regulation
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 ~~natura~~fossil gas and cross- border trade and to ensure the optimal management, coordinated operation and sound technical evolution of the natural gas transmission network.

Amendment 382 #

Proposal for a regulation
Article 21 – paragraph 1

All gas transmission system operators, and hydrogen transmission network operators shall cooperate at Union level through the European Network of Transmission System Operators for Gas (the ENTSO for Gas), in order to promote the completion and functioning of the internal market in natural gas and hydrogen and cross-border trade and to ensure the optimal management, coordinated operation and sound technical evolution of the natural gas transmission network and of the hydrogen network.

Amendment 383 #

Proposal for a regulation
Article 21 – paragraph 1

All gas transmission system operators and hydrogen network operators shall cooperate at Union level through the European Network of Transmission System Operators for Gas (the ENTSO for Gas), in order to promote the completion and functioning of the internal market in natural gas and hydrogen and cross-border trade and to ensure the optimal management, coordinated operation and sound technical evolution of the natural gas transmission network and of the hydrogen network.

Amendment 384 #

Klemen GROŠELJ, Christophe GRUDLER, Martin HOJSÍK, Claudia GAMON

Proposal for a regulation
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 385 #

Proposal for a regulation
Article 22 – paragraph 1

1. The ENTSO shall publish and 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 other stakeholders, of the ENTSO for Gas in case of changes of those documents or upon a reasoned request of the Commission or ACER . The draft updated rules of procedure shall ensure balanced representation of all participating transmission system operators, including those solely owning or operating natural gas systems, as well as transparency in the functioning of the ENTSO for Gas, including publication of meeting agendas and full meeting minutes of external and internal meetings.

Amendment 386 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 22 – paragraph 1

Amendment 387 #

Proposal for a regulation
Article 23 – paragraph 1

1. The ENTSO for Gas shall elaborate network codes in the areas referred to set out in paragraph 6 of this Article 53 and 54 upon a request addressed to it by the Commission in accordance with Article 53(9) or Article 54(9).

Amendment 388 #

Proposal for a regulation
Article 23 – paragraph 1

1. The ENTSO for Gas shall elaborate network codes in the areas ~~referred to in paragraph 6 of this Article~~set out in Article 53 and 54 upon a request addressed to it by the Commission in accordance with Article 53(9) or Article 54 (9).

Amendment 389 #

Proposal for a regulation
Article 23 – paragraph 2

2. The ENTSO for Gas may elaborate network codes in the areas set out in paragraph 6 Article 53 and 54 with a view to achieving the objectives set out in Article 21 where those network codes do not relate to areas covered by a request addressed to it by the Commission. Those network codes shall be submitted to ACER for an opinion. That opinion shall be duly taken into account by the ENTSO for Gas.

Amendment 390 #

Proposal for a regulation
Article 23 – paragraph 2

2. The ENTSO for Gas may elaborate network codes in the areas set out in ~~paragraph 6~~Article 53 and 54 with a view to achieving the objectives set out in Article 21 where those network codes do not relate to areas covered by a request addressed to it by the Commission. Those network codes shall be submitted to ACER for an opinion. That opinion shall be duly taken into account by the ENTSO for Gas.

Amendment 391 #

Proposal for a regulation
Article 23 – paragraph 3 – introductory part

3. The ENTSO for Gas shall ~~adopt~~publish:

Amendment 392 #

Proposal for a regulation
Article 23 – paragraph 3 – point b

(b) a non-binding Union -wide ten-year network development plan ( Union -wide network development plan)~~, including a European supply adequacy outlook, every two years~~ for gas and hydrogen networks including European Plan for Hydrogen Priority Corridors consistent with Annex 1 of EU 2022/869 and reinforced by the REPowerEU Communication (COM(2022) 230), and a European supply adequacy outlook, every two years; the Union-wide network development plan for gas and hydrogen shall be harmonised with the Union-wide network development plan for electricity;

Amendment 393 #

Proposal for a regulation
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 years~~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 394 #

Proposal for a regulation
Article 23 – paragraph 3 – point b

(b) a non-binding Union -wide ten-year network development plan ( Union -wide network development plan) for gas and hydrogen networks, including a European supply adequacy outlook, every two years;

Amendment 395 #

Proposal for a regulation
Article 23 – paragraph 3 – point b

(b) a non-binding Union -wide ten-year network development plan ( Union -wide network development plan) for gases, including a European supply adequacy outlook, every two years;

Amendment 396 #

Proposal for a regulation
Article 23 – paragraph 3 – point b

(b) jointly with ENNOH and publish biannually a non-binding Union -wide ten- year network development plan ~~( Union -wide network development plan)~~, including a European supply adequacy outlook~~, every two years~~;

Amendment 397 #

Proposal for a regulation
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)

(b b) a climate impact assessment covering the lifecycle of the proposed infrastructure;

Amendment 399 #

Proposal for a regulation
Article 23 – paragraph 3 – point c

(c) recommendations relating to the coordination of technical cooperation between Union and third-country transmission system operators, and hydrogen transmission network operators;

Amendment 400 #

Proposal for a regulation
Article 23 – paragraph 3 – point c

(c) recommendations relating to the coordination of technical cooperation between Union and third-country transmission system operators and hydrogen network operators;

Amendment 401 #

Proposal for a regulation
Article 23 – paragraph 3 – point c a (new)

(c a) recommendations relating to the coordination of technical cooperation between gas transmission and distribution system operators on one hand, and hydrogen network operators on the other hand in the Union;

Amendment 402 #

Proposal for a regulation
Article 23 – paragraph 3 – point d a (new)

(d a) recommendations relating to the coordination of technical cooperation between gas transmission and distribution system operators on one hand, and hydrogen transmission network operators on the other hand in the Union;

Amendment 403 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 23 – paragraph 3 – point g

(g) a gas quality monitoring report by 15 May 2024 at the latest and every two years afterwards, including developments of gas quality parameters, developments of the level and volume of hydrogen blended into the natural gas system, forecasts for the expected development of gas quality parameters and of the volume of hydrogen blended into the natural gas system, the impact of blending hydrogen on cross-border flows as well as information on cases related to differences in gas quality specifications or in specifications of blending levels and how such cases were settled.deleted

Amendment 404 #

Proposal for a regulation
Article 23 – paragraph 3 – point g

(g) a gas quality and decarbonisation monitoring report by 15 May 2024 at the latest and every two years afterwards, including developments of gas quality parameters, developments of the level and volume of renewable and low carbon gases injected into the gas system as well as of hydrogen blended into the natural gas system, forecasts for the expected development of gas quality parameters and of the volume of hydrogen blended into the natural gas system, the impact of blending hydrogen on cross- border flows as well as information on cases related to differences in gas quality specifications or in specifications of blending levels and how such cases were settled.

Amendment 405 #

Proposal for a regulation
Article 23 – paragraph 3 – point g

(g) a gas quality monitoring report by 15 May 2024 and a gas and hydrogen quality monitoring report by 15 May 2026 at the latest and every two years afterwards, including developments of gas quality parameters, developments of the level and volume of hydrogen blended into the natural gas system, forecasts for the expected development of gas quality parameters and of the volume of hydrogen blended into the natural gas system, the impact of blending hydrogen on cross- border flows as well as information on cases related to differences in gas quality specifications or in specifications of blending levels and how such cases were settled.

Amendment 406 #

Proposal for a regulation
Article 23 – paragraph 3 – point g

Amendment 407 #

Proposal for a regulation
Article 23 – paragraph 3 – point h

(h) The gas quality monitoring report shall also cover the development for the areas listed in point (g) where as far as relevant for the distribution network, based on information provided by the entity of distribution system operators in the Union (‘EU DSO entity’).deleted

Amendment 408 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 23 – paragraph 3 – point h

(h) The gas and hydrogen quality monitoring report shall also cover the development for the areas listed in point (g) where as far as relevant for the distribution network, based on information provided by the entity of distribution system operators in the Union (‘EU DSO entity for gases’’).

Amendment 409 #

Proposal for a regulation
Article 23 – paragraph 3 – point h

(h) The gas quality and decarbonisation monitoring report shall also cover the development for the areas listed in point (g) where as far as relevant for the distribution network, based on information provided by the entity of distribution system operators in the Union (‘EU DSO entity’).

Amendment 410 #

Proposal for a regulation
Article 23 – paragraph 3 – point h

Amendment 411 #

Proposal for a regulation
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 412 #

Proposal for a regulation
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 gas and hydrogen systems to supply current and projected demands for gas and hydrogen for the next five-year period as well as for the period between five and 10 years from the date of that outlook. The European supply adequacy outlook shall build on national supply outlooks prepared by each individual gas transmission system operator. and hydrogen network operator.

Amendment 413 #

Proposal for a regulation
Article 23 – paragraph 4 – introductory part

4. The European supply adequacy outlook referred to in paragraph 3, point (b), shall cover the overall adequacy of the gases systems to supply current and projected demands for gases for the next five-year period as well as for the period between five and 10 years from the date of that outlook. The European supply adequacy outlook shall build on national supply outlooks prepared by each individual gas transmission system operator. , and hydrogen transmission network operator.

Amendment 414 #

Proposal for a regulation
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 #

Klemen GROŠELJ, Christophe GRUDLER, Martin HOJSÍK, Claudia GAMON

Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1

The Union-wide network development plan referred to in paragraph 3, point (b), ~~shall~~may 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~~energy 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 416 #

Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1

The Union-wide network development plan referred to in paragraph 3, point (b), 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. The plan shall promote the energy efficiency first principle and energy system integration, contribute to the prudent and rational utilisation of natural resources and to achieving the Union’s climate and energy targets.

Amendment 417 #

Proposal for a regulation
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 418 #

Proposal for a regulation
Article 23 – paragraph 5

5. The annual work programme referred to in paragraph 3, point (da), shall contain a list and description of the network codes to be prepared, a plan on coordination of operation of the network, and research and development activities, to be realised in that year, and an indicative calendar.

Amendment 419 #

Proposal for a regulation
Article 23 – paragraph 6

6. The network codes referred to in paragraphs 1 and 2 shall cover the following areas, taking into account, if appropriate, regional special characteristics: (a) network security and reliability rules; (b) network connection rules; (c) third-party access rules; (d) data exchange and settlement rules; (e) interoperability rules; (f) operational procedures in an emergency; (g) capacity-allocation and congestion- management rules; (h) rules for trading related to technical and operational provision of network access services and system balancing; (i) transparency rules; (j) balancing rules including network- related rules on nominations procedure, rules for imbalance charges and rules for operational balancing between transmission system operators' systems; (k) rules regarding harmonised transmission tariff structures; (l) energy efficiency regarding gas networks; (m) cyber security regarding gas networks.deleted

Amendment 420 #

Klemen GROŠELJ, Christophe GRUDLER, Martin HOJSÍK, Claudia GAMON

Proposal for a regulation
Article 23 – paragraph 6 – point g

(g) capacity-allocation for existing and incremental capacity and congestion- management rules;

Amendment 421 #

Proposal for a regulation
Article 23 – paragraph 6 – point m a (new)

(m a) energy efficiency taking into account sector integration and priority of electrification;

Amendment 422 #

Proposal for a regulation
Article 23 – paragraph 8

8. The ENTSO for Gas shall monitor and analyse the implementation of the network codes and the guidelines adopted by the Commission in accordance with Article 53(13), 54 or 56 , and their effect on the harmonisation of applicable rules aimed at facilitating market integration. The ENTSO for Gas shall report its findings to the Agency and shall include the results of the analysis in the annual report referred to in paragraph 3, point (ef), of this Article.

Amendment 423 #

Proposal for a regulation
Article 23 – paragraph 9

9. The ENTSO for Gas shall make available all information required by ACER to fulfil its tasks under Article 24(1). In order to enable the ENTSO for Gas to meet that requirement, transmission system operators, and hydrogen transmission network operators shall provide the ENTSO for Gas with the requested information.

Amendment 424 #

Proposal for a regulation
Article 23 – paragraph 10

10. ACER shall review national ten- year network development plans to assess their consistency with the Union -wide network development plan. If ACER identifies inconsistencies between a national ten-year network development plan and the Union -wide network development plan, it shall recommend amending the national ten-year network development plan or the Union -wide network development plan as appropriate. If such national ten-year network development plan is elaborated in accordance with Article 51 of [recast Directive as proposed in COM(2021) xxx] , ACER shall recommend that the competent regulatory authority amend the national ten-year network development plan in accordance with Article 51(5) of that Directive and inform the Commission thereof. The Union-wide network development plan and the national ten- year network development plan shall be amended in accordance with ACER’s recommendations.

Amendment 425 #

Proposal for a regulation
Article 23 – paragraph 11 a (new)

11 a. The ENTSO for Gas will 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 consultation and inclusion of all market participants , including hydrogen market participants. The ENTSO for Gas shall, among others, develop network codes in the areas set out in Article 54 and develop recommendations relating to the coordination of technical cooperation between gas transmission and distribution system operators on one hand, and hydrogen network operators on the other hand in the Union.

Amendment 426 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 23 – paragraph 11 a (new)

11 a. The ENTSO for Gas shall promote cyber security and data protection in cooperation with relevant authorities and regulated entities.

Amendment 427 #

Proposal for a regulation
Article 24 – paragraph 1 – introductory part

1. ACER shall monitor the execution of the tasks referred to in Article 23(1), (2) and (3) of the ENTSO for Gas and report to the Commission. and in accordance with Regulation (EU) 2022/869.

Amendment 428 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1

ACER shall monitor the implementation by the ENTSO for Gas of network codes elaborated under Article 23(2) and network codes which have been developed in accordance with Article 53 (1) to (12) or Article 54(1) to (12) but which have not been adopted by the Commission under Articles 53(13) or 54 (13). Where the ENTSO for Gas has failed to implement such network codes, ACER shall request the ENTSO for Gas to provide a duly reasoned explanation as to why it has failed to do so. ACER shall inform the Commission of that explanation and provide its opinion thereon.

Amendment 429 #

Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 2

ACER shall monitor and analyse the implementation of the network codes and the guidelines adopted by the Commission as laid down in Articles 52) , 53, 55 and 56 , and their effect on the harmonisation of applicable rules aimed at facilitating market and energy system integration as well as on non- discrimination, effective competition, the Union’s climate and energy targets, the energy efficiency first principle, and the efficient functioning of the market, and report to the Commission.

Amendment 430 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 2

ACER shall monitor and analyse the implementation of the network codes and the guidelines adopted by the Commission as laid down in Articles 52) , 53, 54, 55 and 56 , and their effect on the harmonisation of applicable rules aimed at facilitating market integration as well as on non- discrimination, effective competition and the efficient functioning of the market, and report to the Commission.

Amendment 431 #

Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 1

Within two months from the day of receipt, ACER shall p~~rovide a~~ublish its duly reasoned opinion as well as recommendations to the ENTSO for Gas and to the Commission where it considers that the draft annual work programme or the draft Union -wide network development plan submitted by the ENTSO for Gas do not contribute to non-discrimination, effective competition, the efficient functioning of the market or a sufficient level of cross-border interconnection open to third-party access.

Amendment 432 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
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 participant~~stakeholders, 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 433 #

Proposal for a regulation
Article 26 – paragraph 1

1. While preparing 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 ENTSO for Gas shall conduct an extensive consultation process, at an early stage and in an open and transparent manner, involving all relevant market participants, 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 regulatory authorities and other national, regional and local authorities, supply and production undertakings, network users including customers, distribution system operators, including relevant industry associations, technical bodies and stakeholder platforms. It shall aim at identifying the views and proposals of all relevant parties during the decision- making process.

Amendment 434 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 26 – paragraph 3

3. Before adopting ~~the annual work programme and the network code~~any of the documents referred to in Articles 2~~3 (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 435 #

Proposal for a regulation
Article 27 – paragraph 1

The costs related to the activities of the ENTSO for Gas referred to in Articles 21 to 23 , 52 and 53 of this Regulation, and in Article 11 of Regulation (EU) No 347/2013 of the European Parliament and of the Council11 shall be borne by the transmission system operators and shall be taken into account in the calculation of tariffs. Regulatory authorities shall approve those costs only if they are reasonable and appropriate and provide reasons where they are not approved. _________________ 11 Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure (OJ L 115, 25.4.2013, p. 39).

Amendment 436 #

Proposal for a regulation
Article 27 – paragraph 1

The costs related to the activities of the ENTSO for Gas referred to in Articles 21 to 23 , 52, 53 and 534 of this Regulation, and in Article 11 of Regulation (EU) No 347/2013 of the European Parliament and of the Council11 shall be borne by the gas transmission system operators, and the hydrogen transmission network operators and shall be taken into account in the calculation of tariffs. Regulatory authorities shall approve those costs only if they are reasonable and appropriate. ~~_________________ 11 Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure (OJ L 115, 25.4.2013, p. 39).~~

Amendment 437 #

Proposal for a regulation
Article 27 – paragraph 1

The costs related to the activities of the ENTSO for Gas referred to in Articles 21 to 23 , 52, 53 and 534 of this Regulation, and in Article 11 of Regulation (EU) No 347/2013 of the European Parliament and of the Council11 shall be borne by the gas transmission system operators and the hydrogen network operators and shall be taken into account in the calculation of tariffs. Regulatory authorities shall approve those costs only if they are reasonable and appropriate. _________________ 11 Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure (OJ L 115, 25.4.2013, p. 39).

Amendment 438 #

Proposal for a regulation
Article 28 – paragraph 1

1. TGas transmission system operators, and hydrogen transmission network operators shall establish regional cooperation within the ENTSO for Gas to contribute to the tasks referred to in Article 23 (1), (2) and (3).

Amendment 439 #

Proposal for a regulation
Article 28 – paragraph 1

1. TGas transmission system operators and hydrogen network operators shall establish regional cooperation within the ENTSO for Gas to contribute to the tasks referred to in Article 23 (1), (2) and (3).

Amendment 440 #

Proposal for a regulation
Article 28 – paragraph 2

2. TGas transmission system operators, and hydrogen transmission network operators shall promote operational arrangements in order to ensure the optimum management of the network and shall promote the development of energy exchanges, the coordinated allocation of cross-border capacity through non- discriminatory market-based solutions, paying due attention to the specific merits of implicit auctions for short-term allocations and the integration of balancing mechanisms.

Amendment 441 #

Proposal for a regulation
Article 29 – title

Ten-years network development plan for gas and hydrogen

Amendment 442 #

Proposal for a regulation
Article 29 – paragraph 1

TBy 31 December 2024, the ENTSO for Gas shall ~~adopt~~publish and psub~~lish the~~mit to ACER and ESABCC a draft Union -wide network development plan referred to in Article 23 paragraph 3, point (b)~~, every two years~~. ACER and ESABCC shall assess compliance of the draft Union-wide network development plan with the guidelines referred to in Regulation (EU) 2022/869, article 12, within three months of its submission. 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 development plan shall include the modelling of the integrated network, scenario development, a European supply adequacy outlook, a climate impact assessment and an assessment of the resilience of the system. The plan shall be 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 443 #

Proposal for a regulation
Article 29 – paragraph 1

The ENTSO for Gas and ENNOH shall adopt and publish the Union -wide network development plan for natural gas and hydrogen referred to in Article 23 paragraph 3, point (b) and in Article 42 paragraph 1 point (b), every two years. The Union -wide network development plan for natural gas and hydrogen shall include the modelling of the integrated network, scenario development, a European supply adequacy outlook and an assessment of the resilience of the system.

Amendment 444 #

Proposal for a regulation
Article 29 – paragraph 1

The ENTSO ~~for Gas~~G&H shall adopt and publish the Union -wide network development plan referred to in Article 23 paragraph 3, point (b), every two years. The Union -wide network development plan shall include the modelling of the integrated network, scenario development, a European supply adequacy outlook and an assessment of the resilience of the system.

Amendment 445 #

Proposal for a regulation
Article 29 – paragraph 1 a (new)

The Union-wide ten-year network development plan for gas and hydrogen shall include the modelling of the integrated network, scenario development and an assessment of the resilience of the system.

Amendment 446 #

Proposal for a regulation
Article 29 – paragraph 2 – point a

(a) build on national investment plans and Chapter IV of Regulation (EU) ~~347/2013 ;~~ 2022/869 and on the national hydrogen network development reporting as set out in Article 52 of recast Gas Directive where available and Chapter IV of Regulation (EU) 2022/869;

Amendment 447 #

Proposal for a regulation
Article 29 – paragraph 2 – point a

(a) build on national investment plans, the hydrogen network development reporting as set out in Article 52 of recast Gas Directive where available and Chapter IV of Regulation (EU) 347/2013 ;.

Amendment 448 #

Proposal for a regulation
Article 29 – paragraph 2 – point b

(b) 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 55, 56 and 52 of [recast Gas Directive as proposed in COM(2021)xxx] ; and

Amendment 449 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
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 450 #

Proposal for a regulation
Article 29 – paragraph 2 – point c

(c) identify investment gaps, notably with respect to cross-border capacities, as well as investments with regard to the decommissioning of infrastructure or for repurposing natural gas infrastructure for the transport of hydrogen and investments for demand-side solutions not requiring new infrastructure investments.

Amendment 451 #

Klemen GROŠELJ, Christophe GRUDLER, Martin HOJSÍK, Claudia GAMON

Proposal for a regulation
Article 29 – paragraph 2 – point c

(c) identify investment gaps, ~~notably with respect to cr~~in particular for demand-side solutions and other interventions which do not require network investment, in each case supported by a cosst-b~~order capacities.~~enefit analysis consistent with the methodologies set forth in Article 11 of Regulation EU 2022/869;

Amendment 452 #

Proposal for a regulation
Article 29 – paragraph 2 – point c a (new)

(c a) projects included in the development plan should be subject to a cost-benefit analysis that is consistent and compatible, in terms of benefits and costs, with the methodologies developed under Article 11 of the revised TEN-E Regulation;

Amendment 453 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
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 454 #

Proposal for a regulation
Article 29 – paragraph 2 – point c a (new)

(c a) the need to priorities the use of hydrogen in hard to decarbonise sectors in the early stage of its market development.

Amendment 455 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 29 – paragraph 2 – point c b (new)

(c b) take into account the local heating and cooling planning.

Amendment 456 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 29 – paragraph 3

In regard to the second subparagraph, point (c), a review of barriers to the increase of cross-border capacity of the network arising from different approval procedures or practices including demand-side alternatives not requiring new infrastructure investments may be annexed to the Union - wide network development plan.

Amendment 457 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 29 – paragraph 3 a (new)

With regards to the second subparagraph, point (ca), information on the location of industrial customers in hard-to- decarbonise sectors with the highest greenhouse gas abatement potential as well as the optimal location and size of energy storage, power to gas assets and hydrogen-ready plants and take into account the existence of more energy and cost efficient options to assess and address the needs for infrastructure development may be annexed to the Union-wide network development plan.

Amendment 458 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 29 – paragraph 3 b (new)

ACER shall provide an opinion on the national hydrogen network development reports where relevant to assess their consistency with the Union-wide network development plan for natural gas and hydrogen. If ACER identifies inconsistencies between a national hydrogen network development report and the Union-wide network development plan for natural gas and hydrogen, it shall recommend amending the national hydrogen network development report or the Union-wide network development plan for natural gas and hydrogen as appropriate.

Amendment 459 #

When developing the Union-wide ten-year network development, the ENNOH and the ENTSO for Gas shall cooperate with the ENTSO for Electricity 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, LNG and hydrogen terminals and electrolysers referred to in Article11 [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 460 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
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 461 #

Proposal for a regulation
Article 30 – paragraph 5

5. The transmission system operator shall always disclose the information required by this Regulation in a meaningful, quantifiably clear and easily accessible ~~manner~~way and on a non-discriminatory basis.

Amendment 462 #

Ivan DAVID, Paolo BORCHIA, Isabella TOVAGLIERI, Matteo ADINOLFI

Proposal for a regulation
Article 33 – paragraph 1

1. Distribution system operators shall ensure firm capacity and continuous injection for the access of the production facilities renewable and low carbon gases connected to their grid. To this extent, distribution system operators shall develop in cooperation among themselves and with the transmission system operators ~~procedures and arrang~~network connection and reinforcements plans as set out in Article 53bis of [recast Gas Directive as proposed in COM(2021) xxx], as well as procedures and arrangements necessary to implement the necessary network reinforcements, including investments~~, to ensure~~ in reverse flow from distribution to transmission network or network meshing between several zones within the distribution system area.

Amendment 463 #

Proposal for a regulation
Article 33 – paragraph 1

1. Distribution system operators shall ensure firm capacity and continuous injection for the access of the production facilities renewable and low carbon gases connected to their grid. To this extent, distribution system operators shall develop in cooperation among themselves and with the transmission system operators ~~procedures and arrang~~network connection and reinforcements plans as set out in Article 53bis of (reference to the revised Gas Directive), as well as procedures and arrangements necessary to implement the necessary network reinforcements, including investments~~, to ensure~~ in reverse flow from distribution to transmission network. or network meshing between several zones within the distribution system area.

Amendment 464 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Simona BONAFÈ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 33 – paragraph 1

Amendment 465 #

Proposal for a regulation
Article 33 – paragraph 2 a (new)

2 a. For the purpose of the swift implementation of grid connection of renewable gas production, Member States shall ensure: (a) that the distribution system operator complies with reasonable time limits to assess the requests for injection of renewable gases, make an offer and implement the connection, with monitoring of the national regulatory authority in line with Article41 and 72(1), point (t) of [the recast Gas Directive as proposed in COM(2021) xxx]; (b) that permitting procedures for the implementation of the connection are not hampered by lack of administrative capacity and that do not create a hurdle to the achievement of the national renewable energy target.

Amendment 466 #

Proposal for a regulation
Article 34 – title

Cooperation between distribution system operators ~~and~~, gas transmission system operators and hydrogen network operators

Amendment 467 #

Proposal for a regulation
Article 34 – paragraph 1

Distribution system operators shall cooperate with other distribution system operators ~~and~~, gas transmission system operators and hydrogen transmission network operators to coordinate maintenance, system development, new connections and the operation of the system to ensure system integrity and with a view to maximise capacity and minimise the use of fuel gas.

Amendment 468 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 34 – paragraph 1

Distribution system operators shall cooperate with other distribution system operators ~~and~~, gas transmission system operators and hydrogen network operators to coordinate maintenance, system development, new connections and the operation of the system to ensure system integrity and with a view to maximise capacity and minimise the use of fuel gas.

Amendment 469 #

Proposal for a regulation
Article 34 – paragraph 1

Distribution system operators shall cooperate with other distribution system operators and transmission system operators to coordinate maintenance, system development, new connections, decommissioning and the operation of the system to ensure system integrity and with a view to maximise capacity and minimise the use of fuel gas.

Amendment 470 #

Proposal for a regulation
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)

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)

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 474 #

Proposal for a regulation
Article 36 – paragraph 1

Distribution system operators operating a natural gas system shall cooperate at Union level through ~~the~~a specific European entity for gas distribution system operators (‘EU DSO entity’) ~~set up in accordance with~~in permanent cooperation and coordination with the EU DSO entity set up through provisions corresponding to those established by Articles 52 to 57 of Regulation (EU) 2019/943 of the European Parliament and of the Council12 , in order to promote the completion and functioning of the internal market for natural gas and to promote optimal management and a coordinated operation of distribution and transmission systems. . _________________ 12 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54).

Amendment 475 #

Proposal for a regulation
Article 36 – paragraph 1

Distribution system operators operating a natural gas or local or regional hydrogen system shall cooperate at Union level through the European entity for distribution system operators of gases (‘EU DSO entity~~’) set up in accordance with Articles 52 to 57 of Regulation (EU) 2019/943 of the European Parliament and of the Council12~~ for gases’), in order to promote the completion and functioning of the internal market for ~~natural~~ gases and to promote optimal management and a coordinated operation of distribution and transmission systems. . ~~_________________ 12 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54).~~

Amendment 476 #

Proposal for a regulation
Article 36 – paragraph 1

Distribution system operators operating a natural gas system shall cooperate at Union level through the European entity for distribution system operators (‘EU DSO entity’) set up in accordance with Articles 52 to 57 of Regulation (EU) 2019/943 of the European Parliament and of the Council12 , in order to promote the completion and functioning of the internal market for natural gas, cooperate in the development of the hydrogen market and to promote optimal management and a coordinated operation of distribution and transmission systems. . _________________ 12 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54).

Amendment 477 #

Proposal for a regulation
Article 36 – paragraph 1

Distribution system operators operating a natural gas system or hydrogen network shall cooperate at Union level through the European entity for distribution system operators (‘EU DSO entity’) set up in accordance with Articles 52 to 57 of Regulation (EU) 2019/943 of the European Parliament and of the Council12 , in order to promote the completion and functioning of the internal market for natural gas and hydrogen and to promote optimal management and a coordinated operation of distribution and transmission systems. . _________________ 12 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54).

Amendment 478 #

Registered members may participate in the EU DSO entity directly or be represented by a national association designated by a Member State or by a Union-level association.; national associations designated by a Member State and Union- level associations shall be involved, from the early stages, in the establishment of the EU gas DSO entity with an initiative and decision-making power

Amendment 479 #

Proposal for a regulation
Article 36 – paragraph 2

Registered members may participate in the EU DSO entity for gases directly or be represented by a national association designated by a Member State or by a Union-level association.

Amendment 480 #

Distribution system operators are entitled to associate themselves through the establishment of the EU DSO entity for gases. The EU DSO entity for gases shall carry out its tasks and procedures in accordance with Article 38 of Regulation (EU) 2019/943. As an expert entity working for the common Union interest, the EU DSO entity for gases shall neither represent particular interests nor seek to influence the decision-making process to promote specific interests.

Amendment 481 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 36 – paragraph 2 b (new)

Members of the EU DSO entity for gases shall be subject to registration and to the payment of a fair and proportionate membership fee that reflects the number of customers connected to the distribution system operator concerned.

Amendment 482 #

Proposal for a regulation
Article 36 – paragraph 3

The costs related to the activities of the EU DSO entity shall be borne by the distribution system operators that are registered members and shall be taken into account in the calculation of tariffs. Regulatory authorities shall only approve costs that are reasonable and proportionate and provide reasons where they are not approved.

Amendment 483 #

Proposal for a regulation
Article 36 – paragraph 3

The costs related to the activities of the EU DSO entity for gases shall be borne by the distribution system operators that are registered members and shall be taken into account in the calculation of tariffs. Regulatory authorities shall only approve costs that are reasonable and proportionate.

Amendment 484 #

Proposal for a regulation
Article 36 – paragraph 3 a (new)

The EU DSO entity for gases shall consist of, at least, a general assembly, a board of directors, a strategic advisor group, expert groups and a secretary-general.

Amendment 485 #

Proposal for a regulation
Article 36 a (new)

Article 36 a Establishment of the EU DSO entity for gas 1. The EU DSO entity for gas shall consist of, at least, a general assembly, a board of directors, a strategic advisor group, expert groups and a secretary-general. 2. By XX XXX 20XX, the distribution system operators shall submit to the Commission and to ACER, the draft statutes, in accordance with Article 37, including a code of conduct, a list of registered members, the draft rules of procedure, including the rules of procedures on the consultation with the ENTSO for Gas, the ENNOH and other stakeholders and the financing rules, of the EU DSO entity for gas to be established. The draft rules of procedure of the EU DSO entity for gas shall ensure balanced representation of all participating distribution system operators. 3. Within two months of receipt of the draft statutes, the list of members and the draft rules of procedure, ACER shall provide the Commission with its opinion, after consulting the organisations representing all stakeholders, in particular distribution system users. 4. Within three months of receipt of ACER's opinion, the Commission shall deliver an opinion on the draft statutes, the list of members and the draft rules of procedure, taking into account ACER's opinion as provided for in paragraph 3. 5. Within three months of receipt of the Commission's positive opinion, the distribution system operators shall establish the EU DSO entity for gas and shall adopt and publish its statutes and rules of procedure. 6. The documents referred to in paragraph 2 shall be submitted to the Commission and to ACER where there are changes thereto or upon the reasoned request of either of them. The Commission and ACER shall deliver an opinion in line with the process set out in paragraphs 2, 3 and 4. 14.6.2019EN Official Journal of the European Union L 158/103. 7. The costs related to the activities of the EU DSO entity shall be borne by the distribution system operators that are registered members and shall be taken into account in the calculation of tariffs. Regulatory authorities shall only approve costs that are reasonable and proportionate.

Amendment 486 #

Proposal for a regulation
Article 37 – title

Change to the principal rules and procedures for the EU DSO entity for gases

Amendment 487 #

Proposal for a regulation
Article 37 – paragraph 1

1. The rules and procedures on the participation of distribution system operators in the EU DSO entity pursuant to Article 54 of Regulation (EU) 2019/942 shall also apply to distribution system operators operating a natural gas system.deleted

Amendment 488 #

Proposal for a regulation
Article 37 – paragraph 1

Amendment 489 #

Proposal for a regulation
Article 37 – paragraph 1 a (new)

1 a. The statutes of the EU DSO entity for gases adopted in accordance with Article 37 shall safeguard the following principles: (a) participation in the work of the EU DSO entity for gases is limited to registered members with the possibility of delegation within the membership; (b) strategic decisions regarding the activities of the EU DSO entity for gases as well as policy guidelines for the board of directors are adopted by the general assembly; (c) decisions of the general assembly are adopted according with the following rules: (i) each member disposes of a number of votes proportional to the number of that member's customers; (ii) 65 % of the votes attributed to the members are cast; and (iii) the decision is adopted by a majority of 55 % of the members; (d) decisions of the general assembly are rejected according with the following rules: (i) each member disposes of a number of votes proportional to the number of that member's customers; (ii) 35 % of the votes attributed to the members are cast; and (iii) the decision is rejected by at least 25 % of the members; (e) the board of directors is elected by the general assembly for a mandate of a maximum of four years; (f) the board of directors nominates the President and the three Vice-Presidents from among the members of the board; (g) cooperation between transmission system operators and distribution system operators pursuant to Chapter IV of this Regulation is led by the board of directors; (h) decisions of the board of directors are adopted by an absolute majority; (i) on the basis of a proposal by the board of directors, the secretary general is appointed by the general assembly from among its members for a mandate of four years, renewable once; (j) on the basis of a proposal by the board of directors, Expert Groups are appointed by the general assembly and do not exceed 30 members, with the possibility of one- third of the members coming from outside the membership of EU DSO; in addition, one ‘country’ expert group shall be established and shall consist of one representative of distribution system operators from each Member State.

Amendment 490 #

Proposal for a regulation
Article 37 – paragraph 1 a (new)

1 a. The governance rules and structures of the EU DSO Entity shall guarantee a fair and balanced representation for gas and hydrogen distribution system operators.

Amendment 491 #

Proposal for a regulation
Article 37 – paragraph 1 b (new)

1 b. Procedures adopted by the EU DSO entity for gases shall safeguard the fair and proportionate treatment of its members and shall reflect the diverse geographical and economic structure of its membership. In particular, the procedures shall provide that: (a) the board of directors is composed of the President of the Board and 27 members' representatives, of which: (i) nine are representatives of members with more than 1 million grid users; (ii) nine are representatives of members with more than 100 000 and less than 1 million grid users; and (iii) nine are representatives of members with less than 100 000 grid users; (b) representatives of existing DSO associations are permitted to participate as observers at the meetings of the board of directors; (c) the board of directors are not permitted to consist of more than three representatives of members who are based in the same Member State or in the same industrial group; (d) each Vice-President of the Board is nominated among representatives of members in each category described in point (a); (e) representatives of members who are based in one Member State or the same industrial group do not constitute the majority of the participants in the Expert Group; (f) the board of directors establishes a Strategic Advisory group that provides its opinion to the board of directors and the Expert Groups and consists of representatives of the European DSO associations and representatives of those Member States which are not represented in the board of directors.

Amendment 492 #

Proposal for a regulation
Article 37 – paragraph 2

2. The Strategic Advisory Group pursuant to Article 54(2), point (f), of Regulation (EU) 2019/942 shall also consist of representatives of associations representing European distribution system operators solely operating a natural gas system.deleted

Amendment 493 #

Proposal for a regulation
Article 37 – paragraph 2

Amendment 494 #

Proposal for a regulation
Article 37 – paragraph 3 – introductory part

3. By [one year after entry into force] the EU DSO entity shall submit to the Commission and to ACER draft updated statutes, including a code of conduct, a list of registered members, draft updated rules of procedure, including rules of procedures on the consultation with the ENTSO for Electricity, the ENTSO ~~for Gas~~G&H and other stakeholders, and draft updated financing rules. .

Amendment 495 #

Proposal for a regulation
Article 37 – paragraph 3 – introductory part

3. By [one year after entry into force] the EU DSO entity for gases shall submit to the Commission and to ACER draft ~~updated~~ statutes, including a code of conduct, a list of registered members, draft updated rules of procedure, including rules of procedures on the consultation with ~~the ENTSO for Electricity,~~ the ENTSO for Gas and other stakeholders, and draft updated financing rules. .

Amendment 496 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 37 – paragraph 3 – subparagraph 1

The draft updated rules of procedure of the EU DSO entity shall ensure balanced representation of all participating distribution system operators, including those solely owning or operating natural gas systems.deleted

Amendment 497 #

Proposal for a regulation
Article 37 – paragraph 3 – subparagraph 1

Amendment 498 #

Proposal for a regulation
Article 37 – paragraph 4

4. Within four months of receipt of the documents pursuant to paragraph 3, ACER shall provide the Commission with its opinion, after consulting organisations representing all stakeholders, in particular distribution system users, including customers.

Amendment 499 #

Proposal for a regulation
Article 38 – title

Additional tasks of the EU DSO entity for gas

Amendment 500 #

Proposal for a regulation
Article 38 – paragraph 1

1. The EU DSO entity shall exercise the tasks listed in Article 55(1) points (a) to (e) of Regulation (EU) 2019/943 and undertake the activities listed in Article 55(2) points (c) to (e) of that Regulation also as regards those distribution networks which are part of the natural gas system.deleted

Amendment 501 #

Proposal for a regulation
Article 38 – paragraph 1

1. 1. The tasks of the EU DSO entity shall exercise the tasks listed in Article 55(1) points (a) to (e) of Regulation (EU) 2019/943 and undertake the activities listed in Article 55(2) points (c) to (e) of that Regulation also as regards those distribution networks which are part of the natural gas systemfor gas shall be the following: (a) promoting operation and planning of distribution networks in coordination with the operation and planning of transmission networks; (b) facilitating the integration of renewable energy resources, distributed generation and other resources embedded in the distribution network; (c) facilitating and contributing to the development of gas quality and safety standards for the injection of hydrogen and biomethane into distribution networks; (d) facilitating demand side flexibility and response and distribution grid users' access to markets; (e) contributing to the digitalisation of distribution systems including deployment of smart metering systems. (f) supporting the development of data management, cyber security and data protection in cooperation with relevant authorities and regulated entities; (g) work on identifying best practices in the area of energy efficiency improvements in the distribution network; (h) adopt an annual work programme and an annual report; (i) operate in accordance with competition law and ensure neutrality.

Amendment 502 #

Proposal for a regulation
Article 38 – paragraph 1

Amendment 503 #

Proposal for a regulation
Article 38 – paragraph 1 a (new)

1 a. The tasks of the EU DSO entity for gases shall be the following: (a) promoting operation and planning of distribution networks in coordination with the operation and planning of transmission networks; (b) facilitating the integration of renewable and low-carbon energy resources, distributed generation and other resources embedded in the distribution network such as energy storage; (c) facilitating demand side flexibility and response and distribution grid users' access to markets, and system integration; (d) contributing to the digitalisation of distribution systems including deployment of smart grids and intelligent metering systems; (e) supporting the development of data management, cyber security and data protection in cooperation with relevant authorities and regulated entities; (f) participating in the development of network codes which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission networks and distribution networks.

Amendment 504 #

Proposal for a regulation
Article 38 – paragraph 1 b (new)

1 b. In addition the EU DSO entity for gases shall: (a) cooperate with the ENTSO for Gas & Hydrogen on the monitoring of implementation of the network codes and guidelines adopted pursuant to this Regulation which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission networks and distribution networks; (b) cooperate with the ENTSO for Gas & Hydrogen and adopt best practices on the coordinated operation and planning of transmission and distribution systems including issues such as exchange of data between operators and coordination of distributed energy resources; (c) work on identifying best practices on the areas identified in paragraph 1 and for the introduction of energy efficiency improvements in the distribution network; (d) adopt an annual work programme and an annual report; (e) operate in accordance with competition law and ensure neutrality.

Amendment 505 #

Proposal for a regulation
Article 38 – paragraph 2 – introductory part

2. ~~In addition to the tasks listed in Article 55(1) of Regulation (EU) 2019/943 t~~The EU DSO entity for gas shall participate in the development of network codes which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission networks and distribution networks pursuant to this Regulation and contribute to mitigating fugitive methane emissions from the natural gas system. .

Amendment 506 #

Proposal for a regulation
Article 38 – paragraph 2 – introductory part

2. In addition to the tasks listed in ~~Article 55(1) of Regulation (EU) 2019/943~~Paragraphs (1) and (2) the EU DSO entity for gases shall participate in the development of network codes which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission networks and distribution networks pursuant to this Regulation and contribute to mitigating fugitive methane and hydrogen emissions from the natural gas and hydrogen system. s.

Amendment 507 #

Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1

When participating in the development of new network codes pursuant to Article 53, the EU DSO entity ~~shall comply with the consultation requirements as laid down in Article 56 of Regulation (EU) 2019/943~~for gas shall conduct an extensive consultation process, at an early stage and in an open and transparent manner, involving all relevant stakeholders .

Amendment 508 #

Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1

When participating in the development of new network codes pursuant ~~to Article 53~~Chapter V of this Regulation, the EU DSO entity for gases shall comply with the consultation requirements as laid down in ~~Article 56 of Regulation (EU) 2019/943~~Paragraphs (4) to (6).

Amendment 509 #

Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1 a (new)

While participating in the development of new network codes pursuant to Chapter IV of this Regulation, the EU DSO entity for gases shall conduct an extensive consultation process, at an early stage and in an open and transparent manner, involving all relevant stakeholders, and, in particular, organisations representing such stakeholders, in accordance with the rules of procedure on consultation referred to in Article 37. That consultation shall also involve regulatory authorities and other national authorities, supply and generation undertakings, system users including customers, technical bodies and stakeholder platforms. It shall aim at identifying the views and proposals of all relevant parties during the decision-making process.

Amendment 510 #

Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1 a (new)

The EU DSO Entity shall ensure that only the DSOs of the relevant energy carrier participate in the drafting committee convened in accordance with Article 59(10) of Regulation 2019/943 for that network code.

Amendment 511 #

Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1 b (new)

The documents and minutes of meetings related to the consultations referred to in paragraph 4 shall be made public.

Amendment 512 #

Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1 c (new)

The EU DSO entity for gases shall take into consideration the views provided during the consultations. Before adopting proposals for the network codes referred to in Chapter IV of this Regulation the EU DSO entity for gases shall indicate how it has taken the observations received during the consultation into consideration. It shall provide reasons where it has not taken such observations into account.

Amendment 513 #

Proposal for a regulation
Article 38 – paragraph 3 – introductory part

3. In addition ~~to the activities listed in Article 55(2) of Regulation (EU) 2019/943~~ the EU DSO entity for gases shall:

Amendment 514 #

Proposal for a regulation
Article 38 – paragraph 3 – point a

(a) cooperate with the ENTSO ~~for Gas~~G&H on the monitoring of the implementation of the network codes and guidelines adopted pursuant to this Regulation which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission networks and distribution networks;

Amendment 515 #

Proposal for a regulation
Article 38 – paragraph 3 – point b

(b) cooperate with the ENTSO ~~for Gas~~G&H and adopt best practices on the coordinated operation and planning of transmission and distribution systems including issues such as exchange of data between operators and coordination of distributed energy resources;

Amendment 516 #

Proposal for a regulation
Article 38 – paragraph 3 – point c

(c) work on identifying best practices for the implementation of the results of the assessments pursuant to Article 23(1a) [proposal for REDIII] and Article 23 [proposal for revised EED] and for the cooperation between operators of electricity distribution networks, of natural gas distribution networks and of district heating and cooling systems, and hydrogen network operators operating local or regional grids, including for the purpose of the assessment pursuant to Article 24(8) [proposal for REDIII].

Amendment 517 #

Proposal for a regulation
Article 38 – paragraph 3 – point c

(c) work on identifying best practices for the implementation of the results of the assessments pursuant to Article 23(1a) [proposal for REDIII] and Article 23 [proposal for revised EED] and for the cooperation between operators of electricity distribution ~~network~~systems, of natural gas distribution systems, of hydrogen distribution networks and of district heating and cooling systems including for the purpose of the assessment pursuant to Article 24(8) [proposal for REDIII].

Amendment 518 #

Proposal for a regulation
Article 38 – paragraph 3 – point c a (new)

(c a) collaborate with the EU DSO entity for electricity to facilitate sector coupling and sector integration.

Amendment 519 #

Proposal for a regulation
Article 38 – paragraph 4

4. The EU DSO entity shall provide input to the ENTSO for Gas for its reporting on gas quality, with regard to the distribution networks where distribution system operators are responsible for gas quality management and hydrogen quality management, as referred to in Article 23(3).

Amendment 520 #

Proposal for a regulation
Article 38 – paragraph 4

4. The EU DSO entity for gases shall provide input to the ENTSO for Gas for its reporting on gas quality, with regard to the distribution networks where distribution system operators are responsible for gas quality management, as referred to in Article 23(3).

Amendment 521 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 38 – paragraph 4

4. The EU DSO entity for gas shall provide input to the ENTSO for Gas for its reporting on gas quality, with regard to the distribution networks where distribution system operators are responsible for gas quality management, as referred to in Article 23(3).

Amendment 522 #

Proposal for a regulation
Article 39 – paragraph 1

1. Hydrogen network operators shall cooperate to avoid restrictions to cross- border flows of hydrogen due to hydrogen quality differences in order to meet the quality requirements of different end-use applications.

Amendment 523 #

Proposal for a regulation
Article 39 – paragraph 6

6. The concerned regulatory authorities shall take a joint coordinated decision for removing the recognised restriction~~, taking into account~~ or for granting or prolonging a temporary exemption, to be reviewed every four years, based on the cost- benefit analysis prepared by the concerned transmission system operators and the results of the public consultation within six months as set out in Article 6(10) of Regulation (EU) 2019/942.

Amendment 524 #

Proposal for a regulation
Article 39 – paragraph 10

10. Where the relevant regulatory authorities cannot take a joint coordinated decisions as referred to in paragraphs 6 and 7 of this Article, ACER shall decide on the solution to remove the recognised restriction and on the allocation of the investment costs to be borne by each system operator for implementing the agreed solution or to grant or prolong a temporary exemption, to be reviewed every four years, following the process set out in Article 6(10) of Regulation (EU) 2019/942.

Amendment 525 #

Proposal for a regulation
Article 40

~~[...]~~deleted

Amendment 526 #

Proposal for a regulation
Article 40

~~[...]~~deleted

Amendment 527 #

Proposal for a regulation
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

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

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

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

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

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)

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 534 #

Proposal for a regulation
Article 41

1. Until the ENNOH is established in line with Article 40, the Commission will set up a temporary platform involving ACER and all relevant market participants, including the ENTSO for Gas, the ENTSO for Electricity and the EU DSO entity and ensures its administrative support. This platform will promote work on scoping and developing issues relevant for the building up of the hydrogen network and markets. The platform will cease to exist once ENNOH is established. 2. Until the ENNOH is established, the ENTSO for Gas will 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 consultation and inclusion of all market participants, including hydrogen market participants.Article 41 deleted Transition to the ENNOH

Amendment 535 #

Proposal for a regulation
Article 41

Transition to the ENNOH 1. Until the ENNOH is established in line with Article 40, the Commission will set up a temporary platform involving ACER and all relevant market participants, including the ENTSO for Gas, the ENTSO for Electricity and the EU DSO entity and ensures its administrative support. This platform will promote work on scoping and developing issues relevant for the building up of the hydrogen network and markets. The platform will cease to exist once ENNOH is established. 2. Until the ENNOH is established, the ENTSO for Gas will 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 consultation and inclusion of all market participants, including hydrogen market participants.Article 41 deleted

Amendment 536 #

Proposal for a regulation
Article 41 – title

Transition to the ENNOH and Permanent platform

Amendment 537 #

Proposal for a regulation
Article 41 – paragraph 1

1. ~~Until the ENNOH is established in line with Article 40, t~~The Commission wishall set up a ~~temporary~~permanent 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 538 #

Proposal for a regulation
Article 41 – paragraph 1

1. Until the ENNOH is established in line with Article 40, the Commission will set up a temporary platform involving ACER and all relevant market participants, and industrial sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen. including the ENTSO for Gas, the ENTSO for Electricity and the EU DSO entity and ensures its administrative support. This platform will promote work on scoping and developing issues relevant for the building up of the hydrogen network and markets. The platform will cease to exist once ENNOH is established.

Amendment 539 #

Proposal for a regulation
Article 41 – paragraph 1

1. Until the ENNOH is established in line with Article 40, the Commission will set up a temporary platform involving ACER and all relevant market participants and particularly those sectors with the highest CO2 abatement potential per tonne of hydrogen consumed, including the ENTSO for Gas, the ENTSO for Electricity and the EU DSO entity and ensures its administrative support. This platform will promote work on scoping and developing issues relevant for the building up of the hydrogen network and markets. The platform will cease to exist once ENNOH is established.

Amendment 540 #

Proposal for a regulation
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

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 consultation~~After the ENNOH is established, it will become a member of this platform. The platform shall accompany the development of and in~~clusion of all market participants, including hydrogen market participants~~tegrated energy (electricity, gas and hydrogen) network plan in line with the Union net-zero climate target, in an advisory capacity thereafter.

Amendment 542 #

Proposal for a regulation
Article 41 – paragraph 2

2. Until the ENNOH is established, the ~~ENTSO for Gas~~temporary platform referred to in paragraph 1 will be responsible for the development of Union-wide network development plans for gas and hydrogen networks. In carrying out this task ~~ENTSO for Gas~~the platform shall ensure the effective consultation and inclusion of all market participants, including hydrogen market participants.

Amendment 543 #

Proposal for a regulation
Article 42

~~[...]~~deleted

Amendment 544 #

Proposal for a regulation
Article 42 – paragraph 1

1. The ENNOH shall: (a) develop network codes in the areas set out in Article 54 with a view to achieving the objectives set out in Article 40; (b) adopt and publish biannually a non- binding Union-wide ten-year network development plan, including a European supply adequacy outlook; (c) cooperate with the ENTSO for Electricity and with the ENTSO for Gas; (d) develop recommendations relating to the coordination of technical cooperation between gas transmission and distribution system operators on one hand, and hydrogen network operators on the other hand in the Union; (e) develop recommendations relating to the coordination of technical cooperation between Union and third-party network operators; (f) adopt an annual work programme; (g) adopt an annual report; (h) adopt an annual outlook for the supply of hydrogen covering Member States where hydrogen is used in electricity generation or for supplying households; (i) adopt a hydrogen quality monitoring report by 15 May 2026 at the latest and every two years afterwards, including developments and forecasts for the expected developments of hydrogen quality parameters, as well as information on cases related to differences in hydrogen quality specifications and how such cases were settled; (j) promote cyber security and data protection in cooperation with relevant authorities and regulated entities.deleted

Amendment 545 #

Proposal for a regulation
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 546 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 42 – paragraph 1 – point b

(b) jointly with the ENTSO for Gas adopt and publish biannually a non- binding Union-wide ten-year network development plan, including a European supply adequacy outlook;

Amendment 547 #

Proposal for a regulation
Article 42 – paragraph 1 – point e a (new)

(e a) develop recommendations for the use of hydrogen in view of prioritising its use in hard to decarbonise sectors in the early stages of its market development;

Amendment 548 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 42 – paragraph 1 – point h

(h) adopt an annual outlook for the supply of hydrogen covering Member States where hydrogen is used in electricity generation or for supplying households taking into account the local heating and cooling planning as set out in Article 52a of [the recast Gas Directive as proposed in COM(2021) xxx];

Amendment 549 #

Proposal for a regulation
Article 42 – paragraph 1 – point h

(h) adopt an annual outlook for the supply of hydrogen covering Member States where hydrogen is used industrial sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen, electricity generation or for supplying households;

Amendment 550 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 42 – paragraph 1 – point h

(h) adopt an annual outlook for the supply of hydrogen covering Member States where hydrogen is used in prioritised industrial end-users having the highest CO2 abatement potential per tonne of consumed hydrogen, electricity generation or for supplying households;

Amendment 551 #

Proposal for a regulation
Article 42 – paragraph 1 – point i

(i) adopt a hydrogen quality monitoring report by 15 May 2026 at the latest and every two years afterwards, including developments and forecasts for the expected developments of hydrogen quality parameters, as well as information on cases related to differences in hydrogen quality specifications and how such cases were settled in view of meeting the quality requirements of different end-use applications;

Amendment 552 #

Proposal for a regulation
Article 42 – paragraph 1 – point j

(j) promote cyber security regarding hydrogen networks and data protection in cooperation with relevant authorities and regulated entities.

Amendment 553 #

Proposal for a regulation
Article 42 – paragraph 1 – point j a (new)

(j a) cooperate closely with the ESABCC to ensure that the network development plan for hydrogen is compatible with the Union’s climate targets and supplies hydrogen to the hard- to-abate sectors and applications.

Amendment 554 #

Proposal for a regulation
Article 43

Ten-year network development plan for 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. . The Union-wide ten-year network development plan shall in particular: (a) build on the national hydrogen network development reporting as set out in Article 52 of recast Gas Directive where available and Chapter IV of Regulation (EU) xxx [TEN-E Regulation]; (b) 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 55 and Chapter IX Section 3 of recast Gas Directive; (c) identify investment gaps, notably with respect to cross-border capacities. With regard to the second subparagraph, point (c), a review of barriers to the increase of cross-border capacity of the network arising from different approval procedures or practices may be annexed to the Union-wide network development plan. 2. ACER shall provide an opinion on the national hydrogen network development reports where relevant to assess their consistency with the Union-wide network development plan. If ACER identifies inconsistencies between a national hydrogen network development report and the Union-wide network development plan, it shall recommend amending the national hydrogen network development report or the Union-wide network development plan as appropriate. 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 Gas, 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, 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].Article 43 deleted hydrogen

Amendment 555 #

Proposal for a regulation
Article 43

Amendment 556 #

Proposal for a regulation
Article 43

Amendment 557 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
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 558 #

Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 – point c

(c) identify investment gaps, notably with respect to cross-border capacities., as well as investments with regard to the decommissioning of natural gas infrastructure or for repurposing natural gas infrastructures for the transport of hydrogen and investments for demand- side solutions not requiring new infrastructure investments;

Amendment 559 #

Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 – point c

(c) identify investment gaps, notably with respect to cross-border capacities and to the infrastructure needs for connecting prioritised sectors identified based on the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.

Amendment 560 #

Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 – point c

(c) identify investment gaps, notably with respect to cross-border capacities and to the needs of infrastructure for connecting sectors of prioritisation with the highest CO2 abatement potential per tonne of consumed hydrogen.

Amendment 561 #

Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 – point c

Amendment 562 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
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 563 #

Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 – point c a (new)

(c a) the need to priorities the use of hydrogen in hard to decarbonise sectors in the early stage of its market development;

Amendment 564 #

Proposal for a regulation
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 565 #

Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 – point c b (new)

(c b) take into account the local heating and cooling planning.

Amendment 566 #

Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2 a (new)

With regard to the second subparagraph, point (ca), information on the location of industrial customers in hard-to- decarbonise sectors with the highest greenhouse gas abatement potential as well as the optimal location and size of energy storage, power to gas assets and hydrogen-ready plants may be annexed to the Union-wide network development plan.

Amendment 567 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ

Proposal for a regulation
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 568 #

Proposal for a regulation
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 Gas, in particular on the development of the energy system wide cost-benefit analysis, capacity needs across the energy system and the interlinked energy market and network model including electricity, gas and hydrogen transport infrastructure as well as storage, 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 569 #

Proposal for a regulation
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 Gas~~platform 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 570 #

Proposal for a regulation
Article 44

~~The costs related to the activities of the ENNOH for Hydrogen referred to in~~ Articles 42 of this Regulation shall be borne by the hydrogen network operators and shall be taken into account in the calculation of tariffs. Regulatory authorities shall approve those costs only if they are reasonable and appropriate.4 deleted Costs

Amendment 571 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 44

Amendment 572 #

Proposal for a regulation
Article 44 – paragraph 1

The costs related to the activities of the ENNOH for Hydrogen referred to in Articles 42 of this Regulation shall be borne by the hydrogen network operators and shall be taken into account in the calculation of tariffs. Regulatory authorities shall approve those costs only if they are reasonable and appropriate and provide reasons where they are not approved.

Amendment 573 #

1. While preparing the proposals pursuant to the tasks referred to in Article 42, the ENNOH shall conduct an extensive consultation process at an early stage and in an open and transparent manner, involving all relevant market participants, and in particular the organisations representing all stakeholders, in accordance with the rules of procedure referred to in Article 40 of this Regulation. The consultation process shall accommodate stakeholder comments before the final adoption of the proposal, aiming at identifying the views and proposals of all relevant parties during the decision-making process. The consultation shall also involve regulatory authorities and other national authorities, producers, network users including customers, technical bodies and stakeholder platforms. 2. All documents and minutes of meetings related to the consultation shall be made public. 3. Before adopting the proposals referred to in Article 42 the ENNOH 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.Article 45 deleted Consultation

Amendment 574 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 45

Amendment 575 #

Proposal for a regulation
Article 45 – paragraph 1

1. While preparing the proposals pursuant to the tasks referred to in Article 42, the ENNOH shall conduct an extensive public consultation process at an early stage and in an open and transparent manner, involving all relevant market participants, and in particular the organisations representing all stakeholders, in accordance with the rules of procedure referred to in Article 40 of this Regulation. The consultation process shall accommodate stakeholder comments before the final adoption of the proposal, aiming at identifying the views and proposals of all relevant parties during the decision-making process. The consultation shall also involve regulatory authorities and other national authorities, producers, network users including customers, technical bodies and stakeholder platforms.

Amendment 576 #

Proposal for a regulation
Article 46

1. ACER shall monitor the execution of the tasks of the ENNOH referred to in Article 42 and report its findings to the Commission. 2. ACER shall monitor the implementation by the ENNOH of network codes and guidelines adopted by the Commission as laid down in Articles 54, 55, and 56. Where the ENNOH has failed to implement such network codes or guidelines, ACER shall request the ENNOH to provide a duly reasoned explanation as to why it has failed to do so. ACER shall inform the Commission of that explanation and provide its opinion thereon. 3. The ENNOH shall submit the draft Union-wide network development plan, the draft annual work programme, including the information regarding the consultation process, and the other documents referred to in Article 42 to ACER for its opinion. . Where it considers that the draft annual work programme or the draft Union-wide network development plan submitted by the ENNOH does not contribute to non- discrimination, effective competition, the efficient functioning of the market or a sufficient level of cross-border interconnection, ACER shall provide a duly reasoned opinion as well as recommendations to the ENNOH and to the Commission within two months of the submission of the programme or the plan.Article 46 deleted Monitoring by ACER

Amendment 577 #

Klemen GROŠELJ, Christophe GRUDLER, Martin HOJSÍK, Claudia GAMON

Proposal for a regulation
Article 46

Amendment 578 #

Proposal for a regulation
Article 46 – paragraph 3 – introductory part

3. The ENNOH shall submit the draft Union-wide network development plan, the draft annual work programme, including the information regarding the consultation process, and the other documents referred to in Article 42 to ACER for its opinion. When received from ENNOH, ACER shall submit the draft Union-wide network development plan and the draft annual work programme to the European Scientific Advisory Board on Climate Change, which shall publish an independent analysis and opinion regarding their consistency with the Union’s climate and energy targets.

Amendment 579 #

Klemen GROŠELJ, Christophe GRUDLER, Claudia GAMON, Nils TORVALDS

Proposal for a regulation
Article 46 – paragraph 3 – subparagraph 1

Where it considers that the draft annual work programme or the draft Union-wide network development plan submitted by the ENNOH does not contribute to non- discrimination, effective competition, the efficient functioning of the market or a sufficient level of cross-border interconnection, ACER shall provide a duly reasoned opinion as well as recommendations to the ENNOH and to the Commission within two months of the submission of the programme or the plan. The programme and plan shall be amended consistent with ACER’s opinion and recommendations.

Amendment 580 #

Proposal for a regulation
Article 47

Regional cooperation of hydrogen 1. Hydrogen network operators shall establish regional cooperation within the ENNOH to contribute to the tasks referred to in Article 42. 2. Hydrogen network operators shall promote operational arrangements in order to ensure the optimum management of the network and shall ensure interoperability of the interconnected Union hydrogen system for facilitating commercial and operational cooperation between adjacent hydrogen network operators.Article 47 deleted network operators

Amendment 581 #

Proposal for a regulation
Article 47

Amendment 582 #

Proposal for a regulation
Article 52 – paragraph 1

1. The Commission may, subject to the empowerments in Articles 53 to 56, adopt implementing or delegated acts. Such acts may either be adopted as network codes on the basis of text proposals developed by the ENTSO for Gas ~~or the ENNOH~~, or, where so provided for in the priority list pursuant to Article 53(3), by the EU DSO entity, where relevant in cooperation with the ENTSO for Electricity, ~~the ENNOH~~ and ACER, pursuant to the procedure laid down in Articles 52 to 55, or as guidelines pursuant to the procedure laid down in Article 56.

Amendment 583 #

Proposal for a regulation
Article 52 – paragraph 2 – point d

~~(d) apply to all interconnection points within the Union and entry points from and exit points to third countries.~~deleted

Amendment 584 #

Proposal for a regulation
Article 52 – paragraph 2 – point d

~~(d) apply to all interconnection points within the Union and entry points from and exit points to third countries.~~deleted

Amendment 585 #

Proposal for a regulation
Article 53 – paragraph 1 – point e a (new)

(e a) third-party access rules

Amendment 586 #

Proposal for a regulation
Article 53 – paragraph 1 – point e b (new)

(e b) transparency rules

Amendment 587 #

Proposal for a regulation
Article 53 – paragraph 3

3. The Commission shall, after 3. consulting ACER, the ENTSO for Gas, ~~the ENNOH,~~ the EU DSO entity and the other relevant stakeholders, establish every three years a priority list, identifying the areas set out in paragraphs 1 and 2 to be included in the development of network codes. If the subject matter of the network code is directly related to the operation of the distribution system and not primarily relevant to the transmission system, the Commission may require the EU DSO entity for gases, in cooperation with the ENTSO for Gas, to convene a drafting committee and submit a proposal for a network code to ACER.

Amendment 588 #

Proposal for a regulation
Article 53 – paragraph 5

5. ACER shall consult the ENTSO for Gas, ~~the ENNOH,~~ the EU DSO entity, and the other relevant stakeholders in regard to the framework guidelines, during a period of no less than two months, in an open and transparent manner.

Amendment 589 #

Proposal for a regulation
Article 53 – paragraph 9

9. The Commission shall request the ENTSO for Gas or, where provided for in the priority list referred to in paragraph 3, the EU DSO entity for gases in cooperation with the ENTSO for Gas, to submit to ACER, within a reasonable period, not exceeding 12 months, of receipt of the Commission's request, a proposal for a network code in accordance with the relevant framework guideline.

Amendment 590 #

Proposal for a regulation
Article 53 – paragraph 10

10. The ENTSO for Gas, or where provided for in the priority list referred to in paragraph 3 the EU DSO entity for gases, in cooperation with the ENTSO for Gas, shall convene a drafting committee to support it in the network code development process. The drafting committee shall consist of representatives of ACER, the ENTSO for Gas, ~~the ENNOH,~~ where appropriate the EU DSO entity, and a limited number of the main affected stakeholders. The ENTSO for Gas or where provided for in the priority list pursuant to paragraph 3 the EU DSO entity, in cooperation with the ENTSO for Gas, shall develop proposals for network codes in the areas referred to in paragraphs 1 and 2 where so requested by the Commission in accordance with paragraph 9.

Amendment 591 #

Proposal for a regulation
Article 53 – paragraph 10

10. The ENTSO for Gas, or where provided for in the priority list referred to in paragraph 3 the EU DSO entity, in cooperation with the ENTSO for Gas, shall convene a drafting committee to support it in the network code development process. The drafting committee shall consist of representatives of ACER, the ENTSO for Gas, ~~the ENNOH,~~ where appropriate the EU DSO entity, and a limited number of the main affected stakeholders. The ENTSO for Gas or where provided for in the priority list pursuant to paragraph 3 the EU DSO entity, in cooperation with the ENTSO for Gas, shall develop proposals for network codes in the areas referred to in paragraphs 1 and 2 where so requested by the Commission in accordance with paragraph 9.

Amendment 592 #

Proposal for a regulation
Article 53 – paragraph 10 a (new)

10 a. Within a period of three months after the day of receipt of a network code, ACER shall provide a reasoned opinion to the ENTSO for Gas or, as the case may be, the EU DSO entity for gases, on the network code.

Amendment 593 #

Proposal for a regulation
Article 53 – paragraph 10 b (new)

10 b. The ENTSO for Gas or, as the case may be, the EU DSO entity for gases in cooperation with the ENTSO for Gas, may amend the network code in the light of the opinion of ACER and re-submit it to ACER.

Amendment 594 #

Proposal for a regulation
Article 53 – paragraph 11

11. ACER shall revise the ~~propos~~re-submitted network code to ensure that it complies with the relevant framework guidelines and contributes to market integration, non- discrimination, effective competition, and the efficient functioning of the market, and shall submit the revised network code to the Commission within six months of receipt of the proposal. In the proposal submitted to the Commission, ACER shall take into account the views provided by all involved parties during the drafting of the proposal led by the ENTSO for Gas or the EU DSO entity for gases and shall consult the relevant stakeholders on the version of the network code to be submitted to the Commission.

Amendment 595 #

Proposal for a regulation
Article 54 – paragraph 3

3. The Commission shall, after consulting ACER, ~~the ENNOH,~~ the ENTSO for Gas, the EU DSO entity and the other relevant stakeholders, establish a priority list every three years, identifying the areas set out in paragraphs 1 and 2 to be included in the development of network codes.

Amendment 596 #

Proposal for a regulation
Article 54 – paragraph 5

5. ACER shall consult, the EN~~NOH, the ENTSO for Ga~~TSO for Gas, the EU DSO entity for gases and the other relevant stakeholders in regard to the framework guideline, during a period of at least two months, in an open and transparent manner.

Amendment 597 #

Proposal for a regulation
Article 54 – paragraph 9

9. The Commission shall request ~~the ENNOH~~ENTSO for Gas or, as the case may be, the EU DSO entity for gases to submit, within a reasonable period not exceeding 12 months of the receipt of the Commission's request, a proposal for a network code in accordance with the relevant framework guideline to ACER.

Amendment 598 #

Proposal for a regulation
Article 54 – paragraph 10

10. The EN~~NOH~~TSO for Gas or, as the case may be, the EU DSO entity for gases, shall convene a drafting committee to support it in the network code development process. The drafting committee shall consist of representatives of ACER, the ENTSO for Gas, the ENTSO for Electricity and where appropriate the EU DSO entity for gases, and a limited number of the main affected stakeholders. The E~~uropean Network of Network Operators for Hydrogen~~NTSO for Gas or, as the case may be, the EU DSO entity for gases, shall develop proposals for network codes in the areas referred to in paragraphs 1 and 2.

Amendment 599 #

Proposal for a regulation
Article 54 – paragraph 10

10. The EN~~NOH~~TSO for gas shall convene a drafting committee to support it in the network code development process. The drafting committee shall consist of representatives of ACER, ~~the ENTSO for Gas,~~ the ENTSO for Electricity and where appropriate the EU DSO entity, and a limited number of the main affected stakeholders. The E~~uropean Network of Network Operators for Hydrogen~~NTSO for gas shall develop proposals for network codes in the areas referred to in paragraphs 1 and 2.

Amendment 600 #

Proposal for a regulation
Article 54 – paragraph 10 a (new)

Amendment 601 #

Proposal for a regulation
Article 54 – paragraph 10 b (new)

Amendment 602 #

Proposal for a regulation
Article 54 – paragraph 11

11. ACER shall revise the ~~propos~~submitted network code to ensure that it complies with the relevant framework guidelines and contributes to market integration, non- discrimination, effective competition, and the efficient functioning of the market and, shall submit the revised network code to the Commission within six months of receipt of the proposal. In the revised network code, ACER shall take into account the views provided by all involved parties during the drafting of the proposal led by the E~~uropean Network of Hydrogen Network Operator~~NTSO for Gas, or, as the case may be, the EU DSO entity for gases and shall consult the relevant stakeholders on the revised version to be submitted to the Commission.

Amendment 603 #

Proposal for a regulation
Article 54 – paragraph 12

12. Where the EN~~NOH~~TSO for Gas or, as the case may be, the EU DSO entity for gases, has failed to develop a network code within the period set by the Commission under paragraph 9, the Commission may request ACER to prepare a draft network code on the basis of the relevant framework guideline. ACER may launch a further consultation in the course of preparing a draft network code under this paragraph. ACER shall submit a draft network code prepared under this paragraph to the Commission and may recommend that it be adopted.

Amendment 604 #

Proposal for a regulation
Article 54 – paragraph 13

13. Where the E~~uropean Network of Hydrogen Network Operators~~NTSO for Gas or, as the case may be, the EU DSO entity for gases, has failed to develop a network code, or ACER has failed to develop a draft network code as referred to in paragraph 12, the Commission may adopt, on its own initiative, or upon the proposal of ACER under paragraph 11, one or more network codes in the areas listed in paragraphs 1 and 2.

Amendment 605 #

Proposal for a regulation
Article 54 – paragraph 14

14. Where the Commission proposes to adopt a network code on its own initiative, it shall consult ACER, the EN~~NOH, the ENTSOG~~TSO for Gas or, as the case may be, the EU DSO entity for Ggases, and all relevant stakeholders in regard to the draft network code during a period of no less than two months.

Amendment 606 #

Proposal for a regulation
Article 54 – paragraph 15

15. This Article shall be without prejudice to the Commission's right to adopt and amend the guidelines as laid down in Article 56. It shall be without prejudice to the possibility for the, EN~~NOH~~TSO for Gas or, as the case may be, the EU DSO entity for gases, to develop non- binding guidance in the areas set out in paragraphs 1 and 2 where such guidance does not relate to areas covered by a request addressed to the, EN~~NOH by the Commission. The ENNOH~~TSO for Gas or, as the case may be, the EU DSO entity for gases, by the Commission. The ENTSO for Gas or, as the case may be, the EU DSO entity for gases, shall submit any such guidance to ACER for an opinion and shall duly take that opinion into account.

Amendment 607 #

Proposal for a regulation
Article 56 – paragraph 5

5. When adopting or amending guidelines, the Commission shall consult ACER, the ENTSO for Gas, ~~the ENNOH,~~ the EU DSO entity and, where relevant, other stakeholders.

Amendment 608 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

4. In its request for information, the Commission shall state the legal basis of the request, the time limit within which the information is to be provided, the purpose of the request, justified reasons demonstrating how the information needed is necessary for the purposes enforcing this Regulation, and the penalties provided for in Article 59(2) for supplying incorrect, incomplete or misleading information.

Amendment 609 #

Proposal for a regulation
Article 58 – paragraph 6 – subparagraph 1

The Commission shall, at the same time, send a copy of its decision to the regulatory authorities of the Member State within the territory of which the person is resident orand the seat of the undertaking is situated.

Amendment 610 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 60

~~[...]~~deleted

Amendment 611 #

Proposal for a regulation
Article 60 – paragraph 1 – point c a (new)

(c a) demand-side solutions not requiring new infrastructure investments have been taken into account as possible alternative to the new infrastructure;

Amendment 612 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 60 – paragraph 1 – subparagraph 1

These conditions should be assessed taking into account the principle of energy solidarity and of energy efficiency first. National authorities should take into account the situation in other affected Member State and balance possible negative effects with the beneficial effects on its territory.

Amendment 613 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 60 – paragraph 3 – subparagraph 2

Where the third-country authorities consulted do not respond with a reasoned opinion to the consultation within a reasonable time frame or within a set deadline not exceeding three months, the regulatory authority concerned may adopt the necessary decision.

Amendment 614 #

Proposal for a regulation
Article 60 – paragraph 10 – subparagraph 4 – point b

(b) after five years from its adoption where the infrastructure has not become operational within that period, unless the Commission decides that any delay is due to major obstacles beyond control of the ~~person~~entity to whom the exemption has been granted.

Amendment 615 #

Proposal for a regulation
Article 60 – paragraph 11 a (new)

11 a. The exemptions decided by [entry into force of this Regulation] shall remain valid.

Amendment 616 #

Proposal for a regulation
Article 63 – paragraph 2

2. The power to adopt delegated acts referred to in Article ~~16,~~ 28, 53, 54, 56 and 60 shall be conferred on the Commission for a~~n indeterminate period of time from [date of entry into force]~~ period of five years time from [date of entry into force]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of this 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 617 #

Proposal for a regulation
Article 63 – paragraph 3

3. The delegation of power referred to 3. in Article ~~16,~~ 28, 53, 54, 56 and 60 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Amendment 618 #

Proposal for a regulation
Article 63 – paragraph 6

6. A delegated act adopted pursuant to Article ~~16,~~ 28, 53, 54, 56 and 60 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment 619 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 65 – paragraph 1 – point 2

Regulation (EU) 2019/942
Article 3(2), 1st subparagraph

At ACER's request, the regulatory authorities, the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the regional coordination centres, the EU DSO entity, the transmission system operators, hydrogen network operators, the nominated electricity market operators, and entities established by transmission system operators for gas, LNG system operators, gas or hydrogen storage system operators or hydrogen terminal operators, gas and hydrogen market operators and gas and hydrogen suppliers shall provide to ACER the information in the same level of detail necessary for the purpose of carrying out ACER's tasks under this Regulation, including information on price setting mechanisms and acquisition contracts, unless ACER has already requested and received such information.

Amendment 620 #

Proposal for a regulation
Article 65 – paragraph 1 – point 7

Regulation (EU) 2019/942
Article 6

(9b) ACER may issue recommendations to regulatory authorities on the allocation of costs of solutions for restrictions to cross-border flows due to gas quality differences pursuant to Article 19(8) of [Gas Regulation] and due to disruption of supply.

Amendment 621 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 65 – paragraph 1 – point 16

Regulation (EU) 2019/942
Article 15 (1)

ACER, in close cooperation with the Commission, the Member States and the relevant national authorities, including the regulatory authorities, and without prejudice to the competences of competition authorities, shall monitor the wholesale and retail markets in electricity and natural gas~~, in particular the retail prices of electricity and natural ga~~ and their functioning, wholesale and retail electricity and natural gas prices as well as their setting mechanism with regard to possible anti- competitive, unfair and non transparent conducts by market operators, compliance with the consumer rights laid down in Directive (EU) 2019/944 and [Gas Directive], the impact of market developments on household customers, access to the networks including access of electricity produced from renewable energy sources, the progress made with regard to interconnectors, potential barriers to cross-border trade, including the impact of blending hydrogen into the natural gas system and barriers to the cross-border flow of biomethane, regulatory barriers for new market entrants and smaller actors, including citizen energy communities, state interventions preventing prices from reflecting actual scarcity, such as those set out in Article 10(4) of Regulation (EU) 2019/943, the performance of the Member States in the area of security of supply of electricity based on the results of the European resource adequacy assessment as referred to in Article 23 of that Regulation, taking into account, in particular, the ex- post evaluation referred to in Article 17 of Regulation (EU) 2019/941.

Amendment 622 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 65 – paragraph 1 – point 18

Regulation (EU) 2019/942
Article 15 (2)

ACER shall publish annually a report on the results of the monitoring referred to in paragraph 1. In that report, it shall identify any barriers, including anti-competitive, unfair and non transparent market conducts by market operators, to the completion of the internal markets for electricity, natural gas and hydrogen.’.’

Amendment 623 #

Proposal for a regulation
Article 65 a (new)

Article 65 a Amendments to Regulation (EU) 2019/943 Regulation (EU) 2019/943 is amended as follows: (1) Article 55, paragraph 1 point (f) is replaced by the following: ‘(f) participating in the development of network codes which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission networks and distribution networks pursuant to Article 59.’ (2) In Article 55, the following paragraphs (1a) and (2a) are inserted: (1a) The EU DSO Entity shall ensure that only the electricity DSOs participate in the drafting committee convened in accordance with Article 59(10) for that network code. (2a) The EU DSO Entity shall ensure that only the DSOs of the relevant energy carrier participate in the drafting committee for this network codes convened in accordance with Article 59(10) of this Regulation and Article 53(10) of [recast Gas Directive as proposed in COM(2021) xxx].

Amendment 624 #

Klemen GROŠELJ, Christophe GRUDLER, Claudia GAMON, Nils TORVALDS

Proposal for a regulation
Article 67 – paragraph 1 – point 1

Regulation (EU) 2017/1938
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 gas~~fossil 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 ~~natura~~fossil 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 625 #

Proposal for a regulation
Article 67 – paragraph 1 – point 2

Regulation (EU) 2017/1938
Article 2 – point 28

(28) ‘strategic stock’ means gas purchased, managed and stored or held in storage by contract by transmission system operators or any other eligible entity exclusively for carrying out their functions asof transmission system operators and for the purpose of security of supply. Gas stored as part of a strategic stock shall be dispatched only where required to keep the system in operation under secure and reliable conditions in line with Article 35 [recast Gas Directive as proposed in COM(2021) xxx] or in case of a declared emergency under Article 11 of Regulation (EU) 2017/1938 of the European Parliament and of the Council and can otherwise not be sold on wholesale gas markets;’

Amendment 626 #

Proposal for a regulation
Article 67 – paragraph 1 – point 3 a (new)

Regulation (EU) 2017/1938
Article 3 – paragraph 5

"5. The Commission shall coordinate the action of the competent authorities at regional and Union levels, pursuant to this Regulation, inter alia, through the GCG or, in particular, in the event of a regional or Union emergency pursuant to Article 12(1), through the crisis ~~management~~ group referred to in Article ~~12(4). (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)~~4(1a)." Or. en

Amendment 627 #

Proposal for a regulation
Article 67 – paragraph 1 – point 3 b (new)

Regulation (EU) 2017/1938
Article 3 – paragraph 6

"6. In the event of a regional or Union emergency, the transmission system operators shall cooperate and exchange information using the ReCo System for Gas established by ENTSOG. ENTSOG shall inform the Commission, the crisis group and the competent authorities of the Member States concerned accordingly. ~~(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)~~" Or. en

Amendment 628 #

Jerzy BUZEK, Adam JARUBAS, Angelika NIEBLER, Marian-Jean MARINESCU, Christian EHLER, Markus PIEPER, Pernille WEISS, Seán KELLY, Pilar del CASTILLO VERA, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO

Proposal for a regulation
Article 67 – paragraph 1 – point 3 c (new)

Regulation (EU) 2017/1938
Article 4

"1. A Gas Coordination Group (GCG) shall be established to facilitate the coordination of measures concerning the security of gas supply. The GCG shall be composed of representatives of the Member States, in particular representatives of their competent authorities, as well as the Agency for the Cooperation of Energy Regulators (the ‘Agency’), ENTSOG and representative bodies of the industry concerned and those of relevant customers. The Commission shall, in consultation with the Member States, decide on the composition of the GCG, ensuring it is fully representative. The Commission shall chair the GCG. The GCG shall adopt its rules of procedure. ~~(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)~~1a. A crisis group, chaired by the Commission, shall be established as a permanent sub-group of the GCG in order to facilitate the coordination of relevant actors and resolve security of supply crises. The crisis group shall be composed of representatives of the Member States, of the Agency and of ENTSOG. Where necessary, the Commission may also invite other relevant stakeholders. The members of the crisis group shall be expert in gas infrastructure, they shall be reachable and shall be able to be convened at any moment. The crisis group shall be able to act in the event of a crisis as long as half its members are present. It shall be equipped with the necessary tools in order to exercise a crisis coordination role. The Commission shall be empowered to specify, via a delegated act adopted in accordance with Article 19, the list of tools necessary to the crisis group to exercise its coordination role. 1b. The crisis group shall: (a) maintain channels of communications open with all relevant actors of the security of supply in natural gas including, Member States’ competent authorities, representatives of the Energy Community, TSOs, the risk groups listed in Annex I, Regional Coordination (ReCo) teams; (b) receive a copy of all national definitions of protected customers established pursuant to Article 6, common risk assessment carried out pursuant to Article 7, national emergency and preventative actions plans drafted pursuant to Article 8, lists of critical gas- fired power plants established pursuant to Article 11, and solidarity agreements concluded pursuant to Article 13, as well as any other relevant documents drafted pursuant to this Regulation; (c) cooperate with the Commission and, where relevant, the Member States or their relevant authorities in order to address and mitigate any crisis." Or. en

Amendment 629 #

Proposal for a regulation
Article 67 – paragraph 1 – point 4

Regulation (EU) 2017/1938
Article 7

(4) Article 7 is amended as follows: (a) paragraph 1 is replaced by the following: ‘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.’deleted

Amendment 630 #

Proposal for a regulation
Article 67 – paragraph 1 – point 4 – point a

Regulation(EU) 2017/1938
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)

Regulation (EU) 2017/1938
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

Regulation (EU) 2017/1938
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 633 #

Proposal for a regulation
Article 67 – paragraph 1 – point 7 a (new)

Regulation (EU) 2017/1938
Article 8 – paragraph 4 – subparagraph 1

"4. The competent authorities shall report regularly to the GCG and the crisis group on the progress achieved on the preparation and adoption of the preventive action plans and the emergency plans, in particular the regional chapters. In particular, competent authorities shall agree on a cooperation mechanism for the preparation of the preventive action plan and the emergency plan, including the exchange of draft plans. They shall report to the GCG and the crisis group on such agreed cooperation mechanism 16 months before the deadline for agreement of those plans and the updates of those plans. ~~(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)~~" Or. en

Amendment 634 #

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation (EU) 2017/1938
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

Regulation (EU) 2017/1938
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 636 #

Klemen GROŠELJ, Christophe GRUDLER, Claudia GAMON, Nils TORVALDS

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation (EU) 2017/1938
Article 7b – paragraph 3 – point a

a) obliging gas storage users to store a minimum volume of gas in underground storage, where not fulfilling this obligation may lead to reallocating corresponding capacity during the filling period.

Amendment 637 #

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation (EU) 2017/1938
Article 7b – paragraph 3 – point c

c) obliging a transmission system operator or an entity designated by the Member State to purchase and manage strategic stocks of gas,

Amendment 638 #

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation (EU) 2017/1938
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

Regulation (EU) 2017/1938
Article 7b, paragraph 3, point db) (new)

d b) implementing alternative policy measures or energy efficiency obligation schemes pursuant to [Article 9 or Article 10 Energy Efficiency Directive recast].

Amendment 640 #

Klemen GROŠELJ, Christophe GRUDLER, Martin HOJSÍK, Claudia GAMON, Nils TORVALDS

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation (EU) 2017/1938
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 641 #

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation (EU) 2017/1938
Article 7b – paragraph 3 – subparagraph 2

Such measures shall apply 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 642 #

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation (EU) 2017/1938
Article 7b – paragraph 4

4. The measures adopted pursuant to Article 7a and paragraph 3 of this Article shall be necessary, clearly defined, transparent, proportionate, non- discriminatory and verifiable, and shall not unduly distort competition or the effective functioning of the internal market in gas or endanger the security of gas supply of other Member States or of the Union. The measures should be without prejudice to national security of supply rules which include gas stocks. The measures shall not block or restrict cross- border capacities allocated in line with the provisions of Commission Regulation (EU) 2017/459.

Amendment 643 #

Proposal for a regulation
Article 67 – paragraph 1 – point 8

~~Article 7~~deleted

Amendment 644 #

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation( EU) 2017/1938
Article 7d (new)

~~Joint procurement for strategic stocks~~deleted

Amendment 645 #

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation (EU) 2017/1938
Article 7d – title

JVoluntary mechanism for the joint procurement for ~~strategic stock~~gas

Amendment 646 #

1. Member States may set up a mechanism for the joint procurement of strategic stocks by transmission system operators as part of the preventive measures to ensure security of supply. The mechanism shall be designed in compliance with EU law and competition rules and in a way so that the strategic stocks can be used as part of the actions coordinated by the Commission in case of regional or Union emergency, as referred to in Article 12(3). The mechanism shall be open to participation of all transmission system operators within the Union who wish to join after its establishment.deleted

Amendment 647 #

Klemen GROŠELJ, Christophe GRUDLER, Claudia GAMON, Nils TORVALDS

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation (EU) 2017/1938
Article 7d – paragraph 1 – subparagraph 1

1. Member States may set up a voluntary mechanism for the joint procurement of ~~strategic stock~~gas by transmission system operators or other undertakings designated by the Member States as part of the preventive measures to ensure security of supply.

Amendment 648 #

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation (EU) 2017/1938
Article 7d – paragraph 1

1. Member States may set up a mechanism for the joint procurement of strategic stocks by transmission system operators or an entity designated by the Member State as part of the preventive measures to ensure security of supply.

Amendment 649 #

Patrizia TOIA, Carlos ZORRINHO, Nicolás GONZÁLEZ CASARES, Adriana MALDONADO LÓPEZ, Lina GÁLVEZ MUÑOZ

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation (EU) 2017/1938
Article 7d – paragraph 1 – subparagraph 2

The mechanism shall be designed in compliance with EU law and competition rules and in a way so that ~~the strategic stocks can~~gas can also be used as part of the actions coordinated by the Commission in case of regional or Union emergency, as referred to in Article 12(3).

Amendment 650 #

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation (EU) 2017/1938
Article 7d – paragraph 1 – subparagraph 3

The mechanism shall be open to participation of all transmission system operators or other undertakings designated by the Member State, gas suppliers and other relevant market participants within the Union who wish to join after its establishment.

Amendment 651 #

Klemen GROŠELJ, Christophe GRUDLER, Claudia GAMON, Nils TORVALDS

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation (EU) 2017/1938
Article 7d – paragraph 1 – subparagraph 3

The mechanism shall be open to participation of all transmission system operators or an entity designated by the Member State within the Union who wish to join after its establishment.

Amendment 652 #

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation( EU) 2017/1938
Article 7d (2) (new)

2. The participating Member States shall notify their intention to establish such mechanism to the Commission. The notification shall include the information necessary to assess the compliance with this Regulation, such as the volume of gas to be purchased, the duration of the measure, the participating transmission system operators, the governance arrangements, the operating procedures and conditions for activation in an emergency situation. It shall also specify the costs and benefits expected.deleted

Amendment 653 #

Klemen GROŠELJ, Christophe GRUDLER, Claudia GAMON, Nils TORVALDS

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation (EU) 2017/1938
Article 7d – paragraph 2

2. The participating Member States shall notify their intention to establish such a mechanism to the Commission. The notification shall include the information necessary to assess the compliance with this Regulation, such as the volume of gas to be purchased, the duration of the measure, the participating transmission system operators or other undertakings designated by the Member States as well as gas suppliers and other relevant market participants, the governance arrangements, the operating procedures and conditions for activation in an emergency situation. It shall also specify the costs and benefits expected.

Amendment 654 #

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation (EU) 2017/1938
Article 7d – paragraph 2

2. The participating Member States shall notify their intention to establish such mechanism to the Commission. The notification shall include the information necessary to assess the compliance with this Regulation, such as the volume of gas to be purchased, the duration of the measure, the participating transmission system operators or an entity designated by the Member State, the governance arrangements, the operating procedures and conditions for activation in an emergency situation. It shall also specify the costs and benefits expected.

Amendment 655 #

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation( EU) 2017/1938
Article 7d (3) (new)

3. The Commission may issue an opinion within a time limit of three months as to the compliance of the envisaged mechanism with this Regulation . The Commission shall inform the Gas Coordination Group of the notification received and if appropriate ACER. The participating Member States shall take the Commission opinion in the utmost account.deleted

Amendment 656 #

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation (EU) 2017/1938
Article 7e (new)

~~Article 7e~~deleted

Amendment 657 #

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation (EU) 2017/1938
Article 7e (new)

~~Report on storage and joint procurement for strategic stocks~~deleted

Amendment 658 #

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation (EU) 2017/1938
Article 7e (new)

The Commission shall issue a report three years after the entry into force of this Regulation on the application of Articles 7b, Articles 7c and Article 7d and on the experience, benefits, costs, and any obstacles encountered in the use of the possibility of joint procurement for strategic stocks.deleted

Amendment 659 #

Proposal for a regulation
Article 67 – paragraph 1 – point 8

Regulation (EU) 2017/1938
Article 7 e a (new)

Article 7 ea (new) Compliance with the TEN-E regulation on identification of infrastructure needs The Commission shall ensure that the TEN-E Regulation, which provides rules for the identification of projects eligible for the Union's list of projects of common interest (PCI list) and projects of mutual interest (PMI), and thus to be partly financed by the CEF, is fully respected and that any additional energy infrastructure shall be part of the PCI selection process as described in TEN-E Regulation, and shall comply with this European framework.

Amendment 660 #

Proposal for a regulation
Article 67 – paragraph 1 – point 12 – point a – point iii a (new)

Regulation (EU) 2017/1938
Article 11 – paragraph 2

"2. When the competent authority declares one of the crisis levels referred to in paragraph 1, it shall immediately inform the Commission, the crisis group, as well as the competent authorities of the Member States with which the Member State of that competent authority is directly connected and provide them with all the necessary information, in particular with information on the action it intends to take. In the event of an emergency which may result in a call for assistance from the Union and its Member States, the competent authority of the Member State concerned shall without delay notify the Commission's Emergency Response Coordination Centre (ERCC)~~. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)~~ and the crisis group." Or. en

Amendment 661 #

Proposal for a regulation
Article 67 – paragraph 1 – point 13 a (new)

Regulation (EU) 2017/1938
Article 12 – paragraph 2

"2. The Commission shall convene the GCG and the crisis group as soon as it declares a regional or Union emergency ~~(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)~~" Or. en

Amendment 662 #

Proposal for a regulation
Article 67 – paragraph 1 – point 13 b (new)

Regulation (EU) 2017/1938
Article 12 – paragraph 3 – introductory part

"3. In a regional or Union emergency, the Commission shall coordinate together with the crisis group the action of the competent authorities~~, taking full account of relevant information from, and the~~. The Commission shall ensure that the GCG is informed resgul~~ts of, the consultation of the GCG. In particular, the Commission shall: (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)~~arly about the work undertaken by the crisis group. In particular, the Commission shall:" Or. en

Amendment 663 #

Proposal for a regulation
Article 67 – paragraph 1 – point 13 c (new)

Regulation (EU) 2017/1938
Article 12 – paragraph 4

4. The Commission may convene a crisis management group composed of the crisis managers referred to in point (g) of Article 10(1), of the Member States concerned by the emergency. The Commission, in agreement with the crisis managers, may invite other relevant stakeholders to participate. The Commission shall ensure that the GCG is informed regularly about the work undertaken by the crisis management group. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)"deleted" Or. en

Amendment 664 #

Proposal for a regulation
Article 67 – paragraph 1 – point 15 a (new)

Regulation (EU) 2017/1938
Article 14 – paragraph 2 – introductory part

"2. In the event of a regional or Union emergency, the Commission may request that the competent authority referred to in paragraph 1 provide it and the crisis group without delay with at least: ~~(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)~~" Or. en

Amendment 665 #

Proposal for a regulation
Article 67 – paragraph 1 – point 15 b (new)

Regulation (EU) 2017/1938
Article 14 – paragraph 3 – subparagraph 2

"The Commission shall analyse the assessments of the competent authorities and shall inform the crisis group, the Member States, the European Parliament and the GCG of the results of its analysis in an aggregated form. ~~(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)~~" Or. en

Amendment 666 #

Proposal for a regulation
Article 67 – paragraph 1 – point 15 c (new)

Regulation (EU) 2017/1938
Article 14– paragraph 6 – subparagraph 2

"The competent authority shall notify the data listed in point (a) of the first subparagraph to the Commission and to the crisis group in an anonymised form. In the event of new contracts being concluded or changes being made to existing contracts, the whole set of data shall be notified by the end of September of the relevant year. Where the competent authority has doubts whether a given contract obtained under point (b) of the first subparagraph puts the security of gas supply of a Member State or a region at risk, it shall notify the contract to the Commission. ~~(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)~~" Or. en

Amendment 667 #

Proposal for a regulation
Article 67 – paragraph 1 – point 16 a (new)

Regulation (EU) 2017/1938
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)

Regulation (EU) 2017/1938
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)

However, Article 23.3, point (b) shall apply until 31 December 2024 and Article 23.3, point (ba) shall apply until 31 December 2034. .

Amendment 670 #

Proposal for a regulation
Annex I – point 3 – point 3.1 – point 3.1.1 – point 1 – point d

(d) in a ~~clear~~meaningful, quantifiable,y clear and easily accessible way and on a non- discriminatory basis;.

Amendment 671 #