2021/0425(COD) | [ParlTrack]

Proposal for a directive
Recital 35

Amendment 101 #

Proposal for a directive
Recital 36

(36) The provisions on citizen energy communities do not preclude the existence of other citizen initiatives such as Renewable Energy Communities in Directive (EU) 2018/2001 or those stemming from private law agreements. Membership of citizen energy communities should be open to all categories of entities. However, the decision-making powers within a citizen energy community should be limited to those members or shareholders that are not engaged in large-scale commercial activity and for which the energy sector does not constitute a primary area of economic activity. This means that citizen energy communities and individual members or shareholders need to be financially and economically independent from entities engaged in such activities, notwithstanding the possibility for citizen energy communities to delegate the management of the installations required for their activities, including installation, operation, data handling and maintenance.deleted

Amendment 102 #

Proposal for a directive
Recital 37

(37) Bills and billing information are an important means to inform and empower final customers. Energy bills remain the most common consumer concern and source of consumer complaints, a factor that contributes to the persistently low levels of consumer satisfaction and engagement in the gas sector. Provisions for billing information in the gas sector also lag behind rights granted to consumers in the electricity sector, therefore holding back the full potential of consumer engagement in the gas sector, particularly when it comes to renewable and low carbon gases. It is therefore necessary to align them and to set minimum requirements for bills and billing information in the gas sector, so that consumers have access to transparent, easy to understand information. Bills should convey information to the final consumers on their consumption and costs, thus facilitating comparison between offers and switching supplier, as well as information on their consumer rights (such as on alternative dispute resolution). In addition, bills should be a tool to actively engage consumers in the market, so that consumers can manage their consumption patterns and make greener choices. Consumers should be able to access accurate billing information in both online and offline formats.

Amendment 103 #

Proposal for a directive
Recital 37

Amendment 104 #

Proposal for a directive
Recital 37

Amendment 105 #

Proposal for a directive
Recital 39

(39) A key aspect in supplying customers is access to objective and transparent consumption data. Thus, consumers should have access to their consumption data and associated prices and services costs so that they can invite competitors to make an offer based on that information . Consumers should also have the right to be properly informed about their energy consumption and should be able to readily access that information. Prepayments should not place a disproportionate disadvantage on their users, while different payment systems should be non- discriminatory. Information on energy costs provided to consumers frequently enough should create incentives for energy savings because it will give customers direct feedback on the effects of investment in energy efficiency and change of behaviour.

Amendment 106 #

Proposal for a directive
Recital 44

(44) Greater consumer protection is guaranteed by the availability of effective means of dispute settlement for all consumers. Member States should provide for speedy and effective complaint handling procedures. Information about where and how to complain must be made available in consumer contracts and billing information.

Amendment 107 #

Proposal for a directive
Recital 45

(45) Member States should take appropriate measures, such as providing benefits by means of their social security systems, to ensure the necessary supply to vulnerable customers, or providing for support for energy efficiency improvements, to address energy poverty where identified pursuant to Article 3(3), point (d) of Regulation (EU) 2018/1999 of the European Parliament and of the Council9 , including in the broader context of poverty. Such measures could differ according to the particular circumstances in the Member States in question and could include social or energy policy measures relating to the payment of gas bills, to investment in the energy efficiency of residential buildings, or to consumer protection such as disconnection safeguards. It has to be underlined that for the transitional period, fast decoupling from Russian energy imports can lead to higher and more volatile energy prices and therefore targeted measures are needed to minimize volatility, keep prices in check and protect the individuals in or at risk of energy poverty in order to ensure a fair transition for all. _________________ 9 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).

Amendment 108 #

Proposal for a directive
Recital 46

(46) Pursuant to Regulation (EU) 2018/1999 and Directive (EU) 2019/944 of the European Parliament and of the Council10 , the Commission provided indicative guidance11 on appropriate indicators for measuring energy poverty and defining a ‘significant number of households in energy poverty’. The Commission, together with Eurostat and Member States, should improve the comparability of datasets so that these become comparable across Member States within two years after the entry into force of this Directive. _________________ 10 Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125). 11 Commission Recommendation of 14.10.2020 on energy poverty, C(2020) 9600 final

Amendment 109 #

Proposal for a directive
Article 1 – paragraph -1 (new)

-1. This Directive establishes a common framework for the phase out of natural gas supply by 2035 and decommissioning of related infrastructure assets in line with the energy efficiency first principle and the obligations set out in the EU climate law (XXX/xx).

Amendment 110 #

Proposal for a directive
Article 1 – paragraph 1

Amendment 111 #

Proposal for a directive
Article 2 – paragraph 1 – point 41 a (new)

(41 a) ‘protected customer’ means protected customer as defined in point (5) of Article 2 of Regulation (EU) 2017/1938 of the European Parliament and of the Council;

Amendment 112 #

Proposal for a directive
Article 2 – paragraph 1 – point 69

(69) ‘energy poverty’ means energy poverty as defined in point (492) of Article 2 of ~~Directive (EU) 2021/0203 COD of the European Parliament and of the Council~~the [Social and Climate Fund xxx/xxx].

Amendment 113 #

Proposal for a directive
Article 2 – paragraph 1 – point 70

(70) ‘citizen energy community’ means a legal entity that: (a) is based on voluntary and open participation and is effectively controlled by members or shareholders that are natural persons, local authorities, including municipalities, or small enterprises; (b) has for its primary purpose to provide environmental, economic or social community benefits to its members or shareholders or to the local areas where it operates rather than to generate financial profits; and (c) engages in production, distribution, supply, consumption, or storage of renewable gas in the natural gas system, or provides energy efficiency services or maintenance services to its members or shareholders;deleted

Amendment 114 #

Proposal for a directive
Article 2 – paragraph 1 – point 71

(71) ‘active customer’ means a final natural gas customer, or a group of jointly acting final natural gas customers, who consumes or stores renewable gas, produced within its premises located within confined boundaries or, where permitted by a Member State, within other premises, or who sells self-produced renewable gas using the natural gas system, or participates in energy efficiency schemes, provided that those activities do not constitute its primary commercial or professional activity;deleted

Amendment 115 #

Proposal for a directive
Article 2 – paragraph 1 – point 71

(71) ‘active customer’ means a final natural gas customer, or a group of jointly acting final natural gas or hydrogen customers, who consumes or stores renewable gas, or hydrogen, produced within its premises located within confined boundaries or, where permitted by a Member State, within other premises, or who sells self-produced renewable gas or hydrogen using the natural gas or hydrogen system, or participates in energy efficiency schemes, provided that those activities do not constitute its primary commercial or professional activity;

Amendment 116 #

Proposal for a directive
Article 3 – paragraph 2

2. Member States shall ensure that their national law ~~does not unduly hamper~~facilitates cross-border trade in gases, the functioning and emergence of liquid trading for gases, consumer participation, investments into, in particular, renewable and low carbon gases, or energy storage between Member States, and shall ensure that prices for gases reflect actual demand and supply.

Amendment 117 #

Proposal for a directive
Article 4 – paragraph 2

2. Member States shall ensure the protection of energy poor and vulnerable ~~household~~ customers pursuant to Articles 25 by social policy or by other means than public interventions in the price setting for the supply of gases.

Amendment 118 #

Proposal for a directive
Article 4 – paragraph 3

3. By way of derogation from paragraphs 1 and 2, Member States may apply public interventions in the price setting for the supply of natural gas to energy poor or, vulnerable household customers or protected customers as defined in Regulation (EU) 2017/1938. Such public interventions shall be subject to the conditions set out in paragraphs 4 and 5. In the event of an unprecedented price increase, interventions that comply with the criteria set out in paragraphs 4 and 5 could be expanded to other limited number of customer groups in order to avoid significant socio-economic impacts.

Amendment 119 #

Proposal for a directive
Article 4 – paragraph 3

3. By way of derogation from paragraphs 1 and 2, Member States may apply public interventions in the price setting for the supply of natural gas to energy poor or vulnerable ~~househol~~, protected customers. Such public interventions shall be subject to the conditions set out in paragraphs 4 and 5.

Amendment 120 #

Proposal for a directive
Article 4 – paragraph 3

3. By way of derogation from paragraphs 1 and 2, Member States may apply public interventions in the price setting for the supply of ~~natural~~ gases to energy poor or vulnerable household customers. Such public interventions shall be subject to the conditions set out in paragraphs 4 and 5.

Amendment 121 #

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

3 a. When faced with crisis or other unprecedented circumstances leading to sudden price increase and destabilisation of the energy market, the subjects of intervention could be expanded beyond the protected customers in order to avoid significant, adverse impact on society and economy.

Amendment 122 #

Proposal for a directive
Article 4 – paragraph 4 – introductory part

4. Public interventions in the price setting for the supply of ~~natural~~ gases shall:

Amendment 123 #

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

(b) be clearly defined, transparent, non- discriminatory ~~and~~, verifiable and fair for all suppliers;

Amendment 124 #

Proposal for a directive
Article 8 – paragraph 4

4. The obligations laid down in paragraph 2 shall apply regardless of whether low carbon fuels are produced within the Union or are imported. Information about the geographic origin ~~and~~, feedstock type, life cycle GHG emissions, and other environmental criteria of low carbon fuels or low carbon hydrogen per fuel supplier shall be made available to consumers on the websites of operators, suppliers or the relevant competent authorities and shall be updated on a~~n annual~~ monthly basis.

Amendment 125 #

Proposal for a directive
Article 8 – paragraph 4

Amendment 126 #

Proposal for a directive
Article 10 – paragraph 1

1. Member States shall ensure that all final customers are entitled to have gases provided by a supplier, subject to the supplier's agreement, regardless of the Member State in which the supplier is registered, provided that the supplier is awarded by national regulatory authority where the gas is supplied with required authorisation in line with Article 7(2) and follows the applicable trading and balancing rules. In that regard, Member States shall take all measures necessary to ensure that administrative procedures do not discriminate against suppliers already registered in another Member State.

Amendment 127 #

Proposal for a directive
Article 10 – paragraph 2 a (new)

2 a. Member States shall also take appropriate measures to ensure that network operators do not include any costs related to the repurposing of the current gas network to allow for blending with hydrogen or rolling out the hydrogen network in their gas or electricity network tariffs.

Amendment 128 #

Proposal for a directive
Article 10 – paragraph 3 – point a

(a) the identity and address of the supplier, contact details (address, phone number and email of customer service);

Amendment 129 #

Proposal for a directive
Article 10 – paragraph 3 – point h

(h) information relating to consumer rights, including clear and understandable information on complaint handling including how and where a complaint should be submitted and all the information referred to in this paragraph, clearly communicated on the bill or the hydrogen or natural gas undertaking's web site.

Amendment 130 #

Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1

Conditions shall be fair and well known in advance. In any case, the information shall be provided in consumer friendly and unambiguous language, prior to the conclusion or confirmation of the contract. Where contracts are concluded through intermediaries, the information referred to points (a) to (f) shall also be provided prior to the conclusion of the contract.

Amendment 131 #

Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1

Conditions shall be fair and well known in advance. In any case, the clear and understandable information shall be provided prior to the conclusion or confirmation of the contract. Where contracts are concluded through intermediaries, the information referred to points (a) to (f) shall also be provided prior to the conclusion of the contract.

Amendment 132 #

Proposal for a directive
Article 10 – paragraph 3 – subparagraph 2

Final customers shall be provided with a summary of the key contractual conditions in a prominent manner and in concise and simple language. Suppliers shall provide final customers consumers key information on offers in one place. Member States, through their National Regulatory Authorities, shall ensure the use of common terminology agreed at national level. The key information shall include: (a) product name and main features including, where relevant, information on environmental impact, clear description of promotions and discounts, (b) information on additional services (e.g. maintenance, insurance, energy efficiency measures), their price and the provider of these services, if different from the energy supplier, (c) total price of natural gas (including all cost components, i.e. supply, distribution, taxes and levies) as well as the single unit price (including all charges and taxes) in order to allow final customers to compare at a glance and easily spot the cheapest deal for them, (d) one-time payments where relevant, including activation fees and costs for the connection to the network, (e) conditions for price or tariff changes during the contract, (f) contract duration and conditions for termination, including notice period and fees and penalties where relevant, (g) payment frequency and method options, (h) supplier’s contact details such as customer service’s address, telephone number and email, including, where relevant, identification of any intermediary. (i) Important clauses such as those on the product, discounts and factors unrelated to the electricity supply should be written in bold or highlighted in bigger font.

Amendment 133 #

Proposal for a directive
Article 10 – paragraph 3 – subparagraph 2

Final customers shall be provided with a summary of the key contractual conditions in a prominent manner and in concise and simple language. This summary shall be provided together with the key information on energy offers as referred to in paragraph 3(a) of this Article.

Amendment 134 #

Proposal for a directive
Article 10 – paragraph 3 a (new)

3 a. In addition to the provision of information on contractual conditions as laid down in paragraph 3 of this Article, final customers shall be provided with key information on the energy offers in a concise and easy-to-understand language based on a common terminology agreed at national level. As a minimum, the key information on energy offers shall include: (a) product name and main features, including information on environmental impact, level of greenhouse gas emissions and, where relevant, related savings, guarantee of origin of energy from renewables sources; (b) clear description of the price and tariffs offered, either fixed or variable, as well as conditions for their changes during contract performance; (c) clear description of promotions and discounts, including the date when it elapses; (d) information on additional services (e.g. maintenance, insurance, energy efficiency measures) and their price; (e) total price of natural gas (including all cost components, i.e. supply, distribution, taxes and levies) as well as the single unit price (including all charges and taxes); (f) one-time payments, including activation fees and costs for the connection to the network; (g) contract duration and conditions for termination and switching, including notice period, fees and penalties, where relevant; (h) payment frequency and available payment method. Important clauses such as those on the product, discounts and factors unrelated to thee electricity supply should be presented in a prominent manner, together with key contractual conditions, so as to be immediately identifiable by customers. Member States shall establish a common terminology agreed at national level to ease comparison of offers for customers.

Amendment 135 #

Proposal for a directive
Article 10 – paragraph 5

5. Suppliers shall provide final customers with transparent information on applicable prices ~~and~~, tariffs ~~and on~~, standard terms and conditions and, if relevant, on additional products and/or services bundled with the service, in respect of access to and use of gases services. Member States, through their National Regulatory Authorities, shall ensure key conditions are identified and highlighted in the Information on the offers provided by suppliers to consumers and shall monitor and report on transparency of market offers.

Amendment 136 #

Proposal for a directive
Article 10 – paragraph 5

Amendment 137 #

Proposal for a directive
Article 10 – paragraph 10

10. Suppliers shall provide natural gas household customers with adequate information on alternative measures to disconnection sufficiently in advance of any planned disconnection. Such alternative measures ~~may~~shall inclusde information about sources of support to avoid disconnection, prepayment systems, energy audits, energy consultancy services, alternative payment plans, debt management advice or disconnection moratoria and shall not entail an extra cost to the customers facing disconnection. Disconnections to household customers using natural gas for heating shall be prohibited during winter times. Disconnections shall also be prohibited during ongoing legal or extra-legal disputes between the supplier and customers.

Amendment 138 #

Proposal for a directive
Article 10 – paragraph 10

10. Suppliers shall provide natural gas household customers with adequate information on alternative measures to disconnection sufficiently in advance of any planned disconnection. Such alternative measures may incluse information about sources of support to avoid disconnection, prepayment systems, energy audits, energy consultancy services, alternative payment plans, debt management advice or disconnection moratoria and shall not entail an extra cost to the customers facing disconnection. Disconnections to household customers using natural gas for heating shall be prohibited during winter times. Disconnections shall also be prohibited during legal or extra-legal disputes on this topic between the supplier and customers.

Amendment 139 #

Proposal for a directive
Article 10 – paragraph 11

11. Suppliers shall provide final customers with a final closure account after any switch of supplier no later than ~~six~~four weeks after such a switch has taken place

Amendment 140 #

Proposal for a directive
Article 11 – paragraph 1

1. Customers shall have the right to switch gases suppliers or market participants. Switching supplier or market participant shall be carried out within the shortest possible time, and in any case not later than two weeks from the date of the request. Member States shall ensure that a customer wishing to switch suppliers or market participants, while respecting contractual conditions, is entitled to such a switch within a maximum of t~~hree~~wo weeks from the date of the request. By 2026 at the latest, the technical process of switching supplier or market participant shall take no longer than 24 hours and shall be possible on any working day.

Amendment 141 #

Proposal for a directive
Article 11 – paragraph 1

1. Customers shall have the right to switch gases suppliers or market participants. Switching supplier or market participant shall be carried out within the shortest possible time. Member States shall ensure that a customer wishing to switch suppliers or market participants, while respecting contractual conditions, is entitled to such a switch within a maximum of three weeks from the date of the request. By 2026 at the latest, the technical process of switching supplier or market participant shall take no longer than 24 hours and shall be possible on any working day.

Amendment 142 #

Proposal for a directive
Article 11 – paragraph 1

1. Customers shall have the right to switch gases suppliers or market participants. Switching supplier or market participant shall be carried out within the shortest possible time. Member States shall ensure that a customer wishing to switch suppliers or market participants, while respecting contractual conditions, is entitled to such a switch within a maximum of three weeks from the date of the request. By 2026 at the latest, the technical process of switching supplier or market participant shall take no longer than 248 hours and shall be possible on any working day.

Amendment 143 #

Proposal for a directive
Article 11 – paragraph 1

1. Customers shall have the right to switch gases suppliers or market participants. Member States shall ensure that a customer wishing to switch suppliers or market participants, while respecting contractual conditions, is entitled to such a switch within a maximum of three weeks from the date of the request. By 20268 at the latest, the technical process of switching supplier or market participant shall take no longer than 724 hours and shall be possible on any working day.

Amendment 144 #

Proposal for a directive
Article 11 – paragraph 2

2. Member States shall ensure that the right to switch supplier or market participant is granted to all customers in a non-discriminatory manner as regards cost, effort and time.

Amendment 145 #

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1

Such fees shall be proportionate and shall not exceed the direct economic loss to the supplier or the market participant resulting from the customer's termination of the contract, including the costs of any bundled investments or services that have already been provided to the customer as part of the contract. The burden of proving the direct economic loss shall be on the supplier or market participant. The permissibility of contract termination fees shall be monitored by the regulatory authority, or by another competent national authority. In case of bundled investments in equipment, the direct economic loss to the supplier shall be determined based on one of the following criteria, whichever amount is smaller: (a) prorata temporis residual value of subsidised equipment bundled with the contact, (b) remaining part of service fee;

Amendment 146 #

Proposal for a directive
Article 11 – paragraph 4 a (new)

4 a. Where customers are obliged to switch gases as a result of other Union policies and as a consequence will be disproportionately affected, where applicable, the Member State shall conduct distributional impact assessment of the planned fuel switch, as well as to put in place plans and measures to mitigate and resolve inequities resulting from policies that decarbonise the energy system. The Commission shall assist Member States and provide resources facilitating implementation of these plans and measures.

Amendment 147 #

Proposal for a directive
Article 11 – paragraph 4 a (new)

4 a. Member States should ensure that user-friendly information is offered to citizens in relation to the rules and process for switching suppliers in their respective Member State along with any relevant switching information as appropriate.

Amendment 148 #

Proposal for a directive
Article 12 – paragraph 1 – introductory part

1. Member States sh~~all~~ould ensure that ~~at least natural~~ gas household customers, and microenterprises, have access, free of charge, to at least one tool comparing the offers of suppliers, including bundled offers. Customers shall be informed of the availability of such tools in or together with their bills or by other means. The tools shall meet at least the following requirements:

Amendment 149 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

Member States shall ensure that at least one tool covers the entire natural gas market. Where multiple tools cover the market, those tools shall include, as complete as practicable, a range of gas offers covering a significant part of the market and, where those tools do not completely cover the market, a clear statement to that effect, before displaying results. The information shall be displayed in a way that allows consumers to clearly identify and filter the parameters relevant to their search. As a minimum, the following elements shall be displayed in a prominent manner: (i) availability of “green tariffs”; (ii) exceptional or short-term conditions of offers. The list of elements to be displayed in a prominent manner may be updated and expanded by the competent authority as referred to in paragraph 4 of this Article.

Amendment 150 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

Member States shall ensure that at least one tool covers the entire natural gas market. Where multiple tools cover the market, those tools shall include, as complete as practicable, a range of gas offers covering a significant part of the market and, where those tools do not completely cover the market, a clear statement to that effect, before displaying results. All suppliers and relevant intermediaries shall provide a competent authority managing a database of all available current and past offers the information necessary for certified tools to run the comparison for final customers. Such database should be freely accessible in an electronic format by providers of comparison tools.

Amendment 151 #

Proposal for a directive
Article 12 – paragraph 1 a (new)

1 a. Member States shall require the comparison tools referred to in paragraph 1 to include comparative determinants relating to the nature of the services offered by the suppliers, the quality of service, complaint-handling procedures, level of consumer satisfaction and information on complaints. Exceptional conditions of an offer, including discounts or planned increase of the price during the contract duration, shall be identifiable and clearly highlighted in the comparison tool. Comparison tools shall allow users to filter the result on the basis of the characteristics of the offers that are most relevant for them. These shall be defined by National Regulatory Authorities and shall include at least fixed or variable price, contract length, bundles, discounts and length of period during which the price is guaranteed.

Amendment 152 #

Proposal for a directive
Article 12 – paragraph 3

3. Member States ~~may~~shall require comparison tools referred to in paragraph 1 to include comparative criteria relating to the nature of the services ~~offered by the supplier~~, including on aspects such as termination of contract or switching, availability of sustainable offers, the quality of the service, the availability of effective complaint- handling mechanisms, and the level of consumer satisfaction, offered by the suppliers. In establishing these criteria, Member States shall consult relevant stakeholders, including organisations representing consumers interests.

Amendment 153 #

Proposal for a directive
Article 12 – paragraph 4

4. Member States shall appoint a competent authority to be responsible for issuing trust marks for comparison tools that meet the requirements set out in paragraph 1, and for ensuring that comparison tools bearing a trust mark continue to meet those requirements. That authority shall be independent of any market participants and comparison tool operators. Suppliers shall provide the national competent authorities appointed with information on past and current energy offers in view of establishing a database to be used by certified comparison tools.

Amendment 154 #

Proposal for a directive
Article 12 – paragraph 4

4. Member States shall appoint a competent authority to be responsible for issuing trust marks for comparison tools that meet the requirements set out in paragraph 1, and for ensuring that comparison tools bearing a trust mark continue to meetthose requirements. In particular, competent authorities shall carry out regular reviews of price comparison tools bearing a trust mark to ensure that the requirements of paragraph 1 are continually being met. That authority shall be independent of any market participants and comparison tool operators.

Amendment 155 #

Proposal for a directive
Article 13

1. Member States shall ensure that final customers are entitled to act as active customers without being subject to disproportionate or discriminatory technical requirements, administrative requirements, procedures and charges, and to network charges that are not cost- reflective. 2. Member States shall ensure that active customers are: (a) entitled to operate directly; (b) entitled to sell self-produced renewable natural gases using the natural gas system, (c) entitled to participate in energy efficiency schemes; (d) entitled to delegate to a third party the management of the installations required for their activities, including installation, operation, data handling and maintenance, without that third party being considered to be an active customer; (e) subject to cost-reflective, transparent and non-discriminatory network charges, ensuring that they contribute in an adequate and balanced way to the overall cost sharing of the system; (f) are financially responsible for the imbalances they cause in the natural gas system or shall delegate their balancing responsibility in accordance with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx]. 3. Member States may have different provisions applicable to individual and jointly-acting active customers in their national law, provided that all rights and obligations under this Article apply to all active customers. Any difference in the treatment of jointly-acting active customers shall be proportionate and duly justified. 4. Member States shall ensure that active customers that own facilities that store renewable gas: (a) have the right to a grid connection within a reasonable time after they made a request to that effect, provided that all necessary conditions, such as balancing responsibility, are fulfilled; (b) are not subject to any double charges, including network charges, for stored renewable gas remaining within their premises; (c) are not subject to disproportionate licensing requirements or fees; (d) are allowed to provide several services simultaneously, if technically feasible.Article 13 deleted Active customers

Amendment 156 #

Proposal for a directive
Article 13 – paragraph 2 – introductory part

2. Member States shall ensure that active customers maintain their rights as final customers set in this Directive, including the right to switch electricity supplier and are:

Amendment 157 #

Proposal for a directive
Article 13 – paragraph 2 – point b

(b) entitled to sell self-produced renewable natural gases or hydrogen using the natural gas or hydrogen system,

Amendment 158 #

Proposal for a directive
Article 13 – paragraph 2 – point f

(f) are financially responsible for the imbalances they cause in the natural gas or hydrogen system or shall delegate their balancing responsibility in accordance with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx].

Amendment 159 #

Proposal for a directive
Article 13 – paragraph 4 – introductory part

4. Member States shall ensure that active customers that own facilities that store renewable gas or hydrogen:

Amendment 160 #

Proposal for a directive
Article 13 – paragraph 4 – point a

(a) where it does not lead to the destabilisation of a system, have the right to a grid connection within a reasonable time after they made a request to that effect, provided that all necessary conditions, such as balancing responsibility, are fulfilled;

Amendment 161 #

Proposal for a directive
Article 13 – paragraph 4 – point b

(b) are not subject to any double charges, including network charges, for stored renewable gas or hydrogen remaining within their premises;

Amendment 162 #

Proposal for a directive
Article 14 – paragraph 1 – point d

(d) subject to fair compensation as assessed by the regulatory authority, relevant distribution system operators cooperate with citizen energy communities to facilitate transfers of renewable natural gases such as biomethane within citizen energy communities;

Amendment 163 #

Proposal for a directive
Article 14 – paragraph 1 – point e

(e) citizen energy communities are subject to non-discriminatory, fair, proportionate and transparent procedures and charges, including with respect to grid connection, registration and licensing, and to transparent, non-discriminatory and cost-reflective network charges, ensuring that they contribute in an adequate and balanced way to the overall cost sharing of the natural gas or hydrogen system.

Amendment 164 #

Proposal for a directive
Article 14 – paragraph 2 – introductory part

2. Member States ~~may~~should provide in the enabling regulatory framework that citizen energy communities:

Amendment 165 #

Proposal for a directive
Article 14 – paragraph 3 – point a

(a) are able to access all natural gas or hydrogen markets in a non-discriminatory manner;

Amendment 166 #

Proposal for a directive
Article 14 – paragraph 3 – point c

(c) are financially responsible for the imbalances they cause in the natural gas or hydrogen system or shall delegate their balancing responsibility in line with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx];

Amendment 167 #

(e) are entitled to arrange within the citizen energy community the sharing of renewable gas or hydrogen that are produced by the production units owned by the community, subject to other requirements laid down in this Article and subject to the community members retaining their rights and obligations as final customers.

Amendment 168 #

Proposal for a directive
Article 15 – paragraph 5 a (new)

5 a. All information provided to consumers, including contractual information, offers and billing information, shall be up-to-date, correct, complete and presented in a manner that facilitates comparison by final customers.

Amendment 169 #

Proposal for a directive
Article 17 – paragraph 1

1. Member States shall ensure the deployment of smart metering systems that can accurately measure consumption, provide information on actual time of use, and are capable to transmit and receive data for information, monitoring and control purposes, using a form of electronic communication. Such deployment may be subject to a cost-benefit assessment.

Amendment 170 #

Proposal for a directive
Article 20 – paragraph 1

1. Where final natural gas customers do not have smart meters, Member States shall ensure that, in so far as it is technically possible, financially feasible, and proportionate to the potential energy savings, final customers are provided with individual conventional meters that accurately measure their actual consumption.

Amendment 171 #

Proposal for a directive
Article 23 – paragraph 1

Member States shall ensure that single points of contact are established to provide customers with all necessary information concerning their rights, the applicable law and dispute settlement mechanisms available to them in the event of a dispute. Such single points of contact may be part of general consumer information points and may be the same entities as the single contact points for electricity referred to in Article 26 of Directive 2019/944/EU [on common rules for the internal market in electricity] or one-stop-shops established under [RED, EED, EPBD XX/XX]. Single point of contact shall also provide clear and complete information about available support measures, including those targeted to vulnerable customers, such as temporary income support mechanism, support for energy efficiency measures, building renovations, alternative renewables based heating and cooling systems and access to renewable energy production, self-consumption, sale and storage. Member States shall ensure that final customers are informed about where to find single points of contact. Member States shall ensure that information on certified comparison tools are provided to consumers through Single Points of Contact, as well as ensure access to at least one accessible comparison tool to customers that request it, including those without internet access.

Amendment 172 #

Proposal for a directive
Article 23 – paragraph 1

Amendment 173 #

Proposal for a directive
Article 24 – paragraph 3 a (new)

3 a. Member States shall regularly assess the functioning of the out-of-court dispute settlement mechanisms, especially with regard to the participation and compliance of energy service providers, intermediaries and distribution system operators.

Amendment 174 #

Proposal for a directive
Article 25 – paragraph 1

Member States shall take appropriate measures to protect final customers, and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customers. In this context, each Member State shall define the concept of vulnerable customers which may refer to energy poverty. Measures to protect vulnerable consumers ~~may~~shall include, inter alia, to the prohibition of disconnection to such customers in critical times. , and in all cases during winter times. The concept of vulnerable customers shall at least include income levels, the share of energy expenditure in disposable income, the energy efficiency of homes, critical dependence on gas equipment for health reasons, and age. Member States shall ensure that rights and obligations linked to vulnerable customers are applied.

Amendment 175 #

Proposal for a directive
Article 25 – paragraph 1

Amendment 176 #

Proposal for a directive
Article 25 – paragraph 1

Member States shall take appropriate measures such as foreseen in Article 4 (3), (3a), to protect final customers, and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customers. In this context, each Member State shall define the concept of vulnerable customers which may refer to energy poverty and include customers such as the protected consumers. Measures to protect vulnerable consumers may include, inter alia, to the prohibition of disconnection to such customers in critical times.

Amendment 177 #

Proposal for a directive
Article 25 – paragraph 2

In particular, Member States shall take appropriate measures to address energy poverty where identified pursuant to point (d) of Article 3(3) of Regulation (EU) 2018/1999, including in the broader context of poverty and to protect final customers in remote areas who are connected to the natural gas or hydrogen systems. Among others, Member States may appoint a supplier of last resort for household customers, and, where Member States deem it to be appropriate, small enterprises considered to be vulnerable customers connected to the gas system.. They shall ensure high levels of consumer protection, particularly with respect to transparency regarding contractual terms and conditions, general information and dispute settlement mechanisms.

Amendment 178 #

Proposal for a directive
Article 25 – paragraph 2

In particular, Member States shall take appropriate measures to protect final customers in remote areas who are already connected to the natural gas ~~or hydrogen~~ systems. .Member States ~~may~~shall appoint a supplier of last resort for household customers~~, and, where Member States deem it to be appropriate, small enterprises~~ considered to be vulnerable customers connected to the gas system.~~. They shall ensure high levels of~~ According to relevant provisions of this Directive, consumer protection, particularly with respect to transparency regarding contractual terms and conditions, general information and dispute settlement mechanisms shall be always ensured. Social tariffs and supplier of last resort tariffs for vulnerable or energy poor customers shall not be higher than the lowest market price.

Amendment 179 #

Proposal for a directive
Article 25 – paragraph 2 a (new)

Member States shall take appropriate measures, such as providing support to ensure the necessary energy supply to vulnerable customers, deploy renewable energy and improve energy efficiency, including through building renovations, to sustainably overcome energy poverty and vulnerability. Such measures shall not impede the effective opening of the market set out in Article 4 or market functioning and shall be notified to the Commission, where relevant, in accordance with Article 5(5). Such notifications may also include measures taken within the general social security system. In case the support pursuant to the first subparagraph takes the form of a direct income support mechanism to customers, it shall be limited in time and shall be accompanied by a set of public interventions of at least the same financial magnitude supporting beneficiaries in efficiency programmes, including building renovation, and in switching to renewable energies.

Amendment 180 #

Proposal for a directive
Article 25 – paragraph 2 a (new)

When assessing the number of households in energy poverty pursuant to point (d) of Article 3(3) of Regulation (EU) 2018/1999, Member States shall establish and publish a set of criteria, which shall include low income, high expenditure of disposable income on energy and poor energy efficiency.

Amendment 181 #

Proposal for a directive
Article 25 a (new)

Article 25 a Energy poverty When assessing the number of customers in energy poverty pursuant to point (d) of Article 3(3) of Regulation (EU) 2018/1999, Member States shall establish and publish a set of criteria, which may include low income, high expenditure of disposable income on energy and poor energy efficiency.

Amendment 182 #

Proposal for a directive
Article 27 – paragraph 1

1. Member States shall ensure the implementation of a system of third party access to the transmission and distribution system, and LNG facilities based on published tariffs, applicable to all customers, including supply undertakings, and applied objectively and without discrimination between system users. Member States shall ensure that those tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 72 by a regulatory authority referred to in Article 70 and that those tariffs — and the methodologies, where only methodologies are approved — are published prior to their entry into force. Tariff discounts can be granted only if so provided by Union l~~egislation~~aw or exceptionally where duly justified by the Member State and necessary to combat energy poverty among protected consumers.

Amendment 183 #

Proposal for a directive
Article 27 – paragraph 2

2. The provisions of this Directive shall not prevent the conclusion of long- term contracts for renewable and low carbon gases in so far as they comply with Union competition rules and contribute to decarbonisation. ~~No long-term contracts for supply of unabated fossil gas shall be concluded with a duration beyond the end of year 2049 .~~

Amendment 184 #

Proposal for a directive
Article 27 – paragraph 2

2. The provisions of this Directive shall not prevent the conclusion of long- term contracts for renewable and low carbon gases in so far as they comply with Union competition rules and contribute to decarbonisation. No long-term contracts for supply of ~~unabated~~ fossil gas shall be concluded with a duration beyond the end of year 204935 .

Amendment 185 #

Proposal for a directive
Article 34 – paragraph 1

1. Natural gas and hydrogen undertakings may refuse access or connection to the natural gas or hydrogen system on the basis of lack of capacity or if it could interrupt fulfilment of the public interest objectives such as security, quality and affordable cost of the supply proposed to final consumers. Duly substantiated reasons shall be given for any such a refusal.

Amendment 186 #

Proposal for a directive
Article 48 – paragraph 2 a (new)

2 a. Member States may allow regulatory authorities to grant a derogation from Article 31 for hydrogen networks which transport hydrogen from one entry point to a limited number of exit points within a geographically confined, industrial or commercial areas. 2 b. The derogations under paragraph 2a shall apply at least until 31December 2030 and the rules for negotiated third party access from Article 31paragraphs 4 and 5 shall be applied accordingly.

Amendment 187 #

Proposal for a directive
Article 71 – paragraph 1 – point g

(g) ensuring that customers benefit through the efficient functioning of their national market, promoting effective competition and ~~helping to ensure~~ensure high-level of consumer protection in c~~lose cooper~~onsultation with relevant consumer protection authorities ;

Amendment 188 #

Proposal for a directive
Article 71 – paragraph 1 – point g a (new)

(g a) ensuring that customers benefit from the efficient functioning of market overlapping with other electricity markets, and where cross-sectorial issues arise, clarifying competencies among regulators and competent authorities to ensure cost- efficient solutions;

Amendment 189 #

Proposal for a directive
Article 71 – paragraph 1 a (new)

To ensure consistency with the overall policy objectives of this Directive, namely the protection of consumer interests, national regulatory authorities shall consult relevant consumer organisations to take into consideration their interests and preferences in developing energy policies but also to identify shortcomings in the implementation of their rights as laid down under this Directive.

Amendment 190 #

Proposal for a directive
Article 72 – paragraph 1 – point s

(s) respecting contractual freedom with regard to long-term contracts provided that they are compatible with Union law and consistent with Union policies and provided they contribute to decarbonisation objectives. No long-term contracts for supply of ~~unabated~~ fossil gas shall be concluded with a duration beyond the end of year 2049 35;

Amendment 191 #

Proposal for a directive
Article 72 – paragraph 1 – point v

(v) ~~helping to e~~Ensure, together with other relevant authorities, that the consumer protection measures, including those set out in Annex I, are effective and enforced; through proper monitoring and reporting. In light of consumer interests, the monitoring shall particularly assess: (a) the availability and access to information with regard to energy offers, and possibility to compare them by using certified comparison tools; (b) the existence of misleading practices and offers; (c) the existence of barriers for customers to exercise their rights such as switching, termination of contract, and access to out- of-court dispute settlement mechanism, (d) the existence of measures to promote energy savings for household customers affected by energy poverty, and in particular by assessing the effectiveness of measures notified within the framework of Article 25 of this Directive

Amendment 192 #

Proposal for a directive
Article 72 – paragraph 1 – point y

(y) monitoring the strict implementation of rules relating to the roles and responsibilities of transmission system operators, distribution system operators, hydrogen network operators, suppliers and customers and other market parties pursuant to [recast Gas Regulation as proposed in COM(2021) xxx] including rules requiring network operators to maintain separate regulated asset bases for gas, electricity and hydrogen assets and ensuring that financial transfers between different regulated asset bases do not take place;

Amendment 68 #

Proposal for a directive
Recital 4

(4) As part of the Package “Clean Energy for all Europeans” proposed by the Commission on 30 November 2016, Regulation (EU) 2019/9436 and Directive (EU) 2019/9447 brought about a further step in the development of the internal market for electricity with citizens at its core and contributing to the Union’s objectives of transition to a clean energy system and reducing greenhouse gas emissions. The internal market in natural gas should be built on those same principles and, in particular, ensure an equal level of consumer protection. _________________ 6 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). 7 Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125)ensure that consumers are not subsidising investments that they will not be using in the future as well as minimising the risk of stranded assets and their related future costs.

Amendment 69 #

Proposal for a directive
Recital 4

(4) As part of the Package “Clean Energy for all Europeans” proposed by the Commission on 30 November 2016, Regulation (EU) 2019/9436 and Directive (EU) 2019/9447 brought about a further step in the development of the internal market for electricity with citizens at its core and contributing to the Union’s objectives of transition to a clean energy system and reducing greenhouse gas emissions. The internal market in natural gas and renewable gases should be built on those same principles and, in particular, ensure an equal level of consumer protection. _________________ 6 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). 7 Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).

Amendment 70 #

Proposal for a directive
Recital 4 a (new)

(4 a) To achieve the objectives of the European Green Deal, of the 8th Environmental Action Plan and in line with the Paris Climate Agreement, the Union should phase-out fossil fuels, including fossil gas, by 2035 and achieve a highly energy-efficient and fully renewable based economy by that date. Therefore, this directive should set a common framework for the phase out of natural gas supply by 2035 and for decommissioning related infrastructure assets.

Amendment 71 #

Proposal for a directive
Recital 5

(5) The Union has aims to cut greenhouse gas emissions by at least 55% by 2030, and become the first climate neutral continent by 2050, set out in the European Green deal and the Paris Agreement. It has therefore adopted a set of initiatives to reach that goal, including the energy system integration strategy and the hydrogen strategy published by the Commission in July 2020, which set out how to update the energy markets, including the decarbonisation of gas markets as well as Regulation (EU) 2018/1999 and Regulation (EU) 2021/1119. This Directive should contribute to achieving these goals, ensuring security of supply and a well- functioning internal market for renewable gases, including for hydrogen.

Amendment 72 #

Proposal for a directive
Recital 6

(6) This Directive 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. The Directive aims also to set up a regulatory framework which 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 individual heating purposes while mitigating deepening energy poverty.

Amendment 73 #

Proposal for a directive
Recital 6

(6) This Directive aims to facilitate the penetration of renewable and low-carbon gases into the energy system enabling a ~~shif~~phasing-out 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 Directive aims also to set up a regulatory framework which enables and incentivises all market participants to ~~take the transitional role of fossil gas into account while~~shift away from fossil gas, and planning their activities to avoid lock-in effects ~~and~~in any kind of fossil fuel, as well as ensure gradual and timely phase-out of fossil gas notably in all relevant industrial sectors and for heating purposes.

Amendment 74 #

Proposal for a directive
Recital 8

(8) In line with the ~~EU Hydrogen Strategy,~~Repower EU Strategy, 10 mt of domestic renewable hydrogen and 10 mt of imported renewable hydrogen isare expected to be deployed on a large-scale ~~from~~by 2030 ~~onwards~~ for the purpose of decarbonising certain sectors and applications that do not have any other more sustainable and energy efficient renewable solutions, ranging from aviation and shipping to hard-to- decarbonise industrial sectors. All final customers connected to hydrogen systems will benefit from basic consumer rights applicable to final customers connected to the natural gas system such as the right to switch supplier and accurate billing information. In those instances where customers are connected to the hydrogen network, e.g. industrial customers, they will benefit from the same consumer protection rights applicable to natural gas customers. However, consumer provisions designed to encourage household participation on the market such as price comparison tools~~, active customers and citizen energy communities~~ do not apply to the hydrogen system.

Amendment 75 #

Proposal for a directive
Recital 8

(8) In line with the EU Hydrogen Strategy, renewable hydrogen is expected to be deployed on a large-scale from 2030 onwards for the purpose of decarbonising certain sectors, ranging from aviation and shipping to hard-to-decarbonise industrial sectors. All final customers connected to hydrogen systems will benefit from consumer protection rules and basic consumer rights applicable to final customers connected to the natural gas system such as the right to switch supplier and accurate billing information. In those instances where customers are connected to the hydrogen network, e.g. industrial customers, they will benefit from the same consumer protection rights applicable to natural gas customers. However, consumer provisions designed to encourage household participation on the market such as price comparison tools, active customers and citizen energy communities do not apply to the hydrogen system.

Amendment 76 #

Proposal for a directive
Recital 10

(10) The freedoms which the Treaty guarantees the citizens of the Union — inter alia, the free movement of goods, the freedom of establishment and the freedom to provide services — are achievable only in a fully open market, which enables all consumers freely to choose their suppliers and all suppliers freely to deliver to their customers.. A fully integrated EU energy market must prioritise fair and open competition alongside a better connection of energy infrastructure between Member States.

Amendment 77 #

Proposal for a directive
Recital 11

(11) Consumer interests should be at the heart of this Directive and quality of service should be a central responsibility of natural gas undertakings. Existing rights of consumers and rights for access to essential services, including energy, as well as the right to a secure and affordable energy supply, and safeguarding against energy poverty, as stated in the European Pillar of Social Rights communication need to be strengthened and guaranteed, and should include greater transparency. To this respect, any cross-subsidisation of hydrogen network through gas or electricity network tariffs should not be allowed, as it puts the burden of the energy transition of the industry sector on gas or electricity users, including households, by increasing their gas or electricity bills, while they are not expected to use hydrogen in the future. Consumer protection should ensure that all consumers in the wider remit of the Union benefit from a competitive gas market. Consumer rights should be enforced by Member States or, where a Member State has so provided, the regulatory authorities.

Amendment 78 #

Proposal for a directive
Recital 11

(11) Consumer interests should be at the heart of this Directive and quality of service should be a central responsibility of natural gas undertakings. Existing rights of consumers and rights for access to essential services, including energy, and safeguarding against energy poverty, as stated in the European Pillar of Social Rights communication and the REPowerEU Plan need to be strengthened and guaranteed, and should include greater transparency. Consumer protection should ensure that all consumers in the wider remit of the Union benefit from a competitive gas and hydrogen market. Consumer rights should be enforced by Member States or, where a Member State has so provided, the regulatory authorities.

Amendment 79 #

(12 a) The REPower EU Plan underlines that during the EU’s clean energy transition, the decoupling from Russian energy imports can lead to higher and more volatile energy prices and therefore emphasises the need, at Member State level, for targeted measures to minimise volatility, keep prices in check and protect the individuals in or at risk of energy poverty in order to ensure a fair transition for all.

Amendment 80 #

Proposal for a directive
Recital 14

(14) Member States should have a wide discretion to impose public service obligations on gas undertakings in pursuing objectives of general economic interest. However, public service obligations in the form of price setting for the supply of natural gas constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits, the limitation of consumer choice, poorer incentives for energy saving and energy efficiency investments, lower standards of service, lower levels of consumer engagement and satisfaction, and the restriction of competition, as well as to there being fewer innovative products and services on the market. Consequently, Member States should apply other policy tools, in particular targeted social policy measures and other targeted measures to minimise volatility, keep prices in check, protect the individuals in or at risk of energy poverty and, to safeguard the affordability of natural gas supply to their citizens and to ensure a fair transition for all and that no one is left behind. Public interventions in price setting for the supply of natural gas should be carried out only as public service obligations and should be subject to specific conditions. A fully liberalised, well-functioning retail natural gas market would stimulate price and non- price competition among existing suppliers and provide incentives to new market entrants, thereby improving consumer choice and satisfaction.

Amendment 81 #

Proposal for a directive
Recital 17

(17) Clear and comprehensible information should be made available to consumers concerning their rights in relation to the energy sector. The Commission has established , after consulting relevant stakeholders including Member States, regulatory authorities, consumer organisations and natural gas undertakings, an accessible, user-friendly energy consumer checklist providing consumers with practical information about their rights. That energy consumer checklist should be ~~maintained to date,~~regularly maintained, updated and should reflect current market developments, where possible. It should be provided to all consumers and should be made publicly available.

Amendment 82 #

Proposal for a directive
Recital 19

(19) Market rules should protect and empower customers to make ~~low carbon~~energy efficient and renewable choices, in order for new renewable ~~and low carbon~~ gases to be fully embedded in the energy transition.

Amendment 83 #

Proposal for a directive
Recital 20

(20) ~~Natural gas still plays a key role in energy supply, as~~Currently, household energy consumption from natural gas is still higher than from electricity. ~~Although electrification is a key element of the green transition, in the future there will still be household natural gas consumption including increasing volumes of renewable ga~~High levels of renewable based electrification wherever is technically feasible is a key element of the green transition, whereas only a minor role for sustainable renewable based gases may be still relevant at household level in certain circumstances, as for instance in rural communities.

Amendment 84 #

Proposal for a directive
Recital 20

(20) Natural gas still plays a key role in energy supply, as household energy consumption from natural gas is still higher than from electricity. Although electrification is a key element of the green transition, in the future there will still be household natural gas consumption including increasing volumes of low- carbon and renewable gas.

Amendment 85 #

Proposal for a directive
Recital 23

Amendment 86 #

Proposal for a directive
Recital 24

(24) The switch from fossil gas to renewable alternatives, including biomethane, will concretise if energy from renewable sources becomes an available, attractive, non-discriminatory choice for consumers based on truly transparent information where the transition costs are fairly distributed among different groups of consumers and market players.

Amendment 87 #

Proposal for a directive
Recital 27

(27) To be coherent and effective, this mirroring approach should be encompass all consumer protection and empowerment provisions, whenever feasible and adaptable to the gas market. This should go from basic contractual rights and comprehensive pre-contractual information to rules for billing information, switching energy provider, having at disposal reliable comparison tools, protecting vulnerable and energy poor consumers, ensuring adequate data protection for smart meters and data management, and efficient alternative dispute resolution rules.

Amendment 88 #

Proposal for a directive
Recital 27

(27) To be coherent and effective, this mirroring approach should be encompass all consumer protection ~~and empowerment provisions, whenever feasible and adaptable to the gas market~~provisions. This should go from basic contractual rights to rules for billing information, switching energy provider, having at disposal reliable comparison tools, protecting vulnerable and energy poor consumers, ensuring adequate data protection for smart meters and data management, and efficient alternative dispute resolution rules.

Amendment 89 #

Proposal for a directive
Recital 29

(29) The ~~modernis~~integration of ~~the gas sector is expected to lead to~~renewable gases, particularly substa~~ntial economic benefits in terms of both improved retail competition and its social and distributional benefits and customer empowerment, including~~inable biomethane, into the natural gas system is expected to lead to improved retail competition, strengthened contractual rights and better available information on consumption and energy sources leading to greener choices~~. Energy communities-of-i~~, which also include uptaking energy efficiency measures and switching from gas to other more sustainable and energy efficiente restnewable energy shou~~ld contribute to~~rces. Renewable energy communities could play a role in the uptake of sustainable renewable gas.

Amendment 90 #

Proposal for a directive
Recital 29

(29) The modernisation of the gas sector is expected to lead to substantial economic benefits ~~in terms of bot~~through improved retail competition while also delivering incentives and supports for new market entrants, and its social and distributional benefits and customer empowerment, including strengthened contractual rights and better available information on consumption and energy sources leading to greener and more price-competitive choices. Energy communities-of-interest should contribute to the uptake of renewable gas.

Amendment 91 #

Proposal for a directive
Recital 30

(30) Switching from fossil fuels to renewable energies is an important indicator of consumer engagement ~~as well as in important tool to boost competition on the natural gas market~~towards achieving the ecological transition. While the possibility of switching suppliers is an important tool to boost competition on the gas market and should therefore be guaranteed as basic right to consumers. Switching rates remain inconsistent among Member States and consumers are discouraged from switching both energy source and supplier by exit and termination fees. Although removing such fees might limit consumer choice by eliminating products based on rewarding consumer loyalty, restricting their use further should improve consumer welfare, consumer engagement and competition in the market.

Amendment 92 #

Proposal for a directive
Recital 30

(30) Switching is an important indicator of consumer engagement as well as in important tool to boost competition on the natural gas market. Switching rates remain inconsistent among Member States and consumers are discouraged from switching by exit and termination fees. Although removing such fees might limit consumer choice by eliminating products based on rewarding consumer loyalty, restricting their use further should improve consumer welfare, consumer engagement and competition in the market, including promoting the use of hydrogen, biomethane and other low carbon gases.

Amendment 93 #

Proposal for a directive
Recital 31

(31) Shorter switching times are likely to encourage customers to search for better energy deals and switch supplier. With the increased deployment of information technology, by the year 2026, the technical switching process of registering a new supplier in a metering point at the market operator should typically be possible to complete within 248 hours on any working day. Ensuring that it is possible by that date for the technical process of switching to take place within 248 hours would minimise switching times, helping to increase consumer engagement and retail competition.

Amendment 94 #

Proposal for a directive
Recital 32

(32) Several factors impede consumers from accessing, understanding and acting upon the various sources of market information available to them. It follows that the comparability of offers should be improved ~~and barriers to switching should be minimised to the greatest practicable extent~~by providing greater access to information, including on the sustainability of the energy offers, and to comparison tools for all customers. Barriers to switching should be eliminated without unduly limiting consumer choice.

Amendment 95 #

Proposal for a directive
Recital 32

Amendment 96 #

Proposal for a directive
Recital 33

(33) Independent comparison tools, including websites, are an effective means for smaller customers to assess the merits of the different energy offers that are available on the market. They should aim to include the broadest possible range of available offers, and to cover the market as completely as is feasible so as to give the customer a representative overview in a clear and easy to understand manner. It is crucial that smaller customers have access to at least one comparison tool and that the information given on such tools be trustworthy, impartial ~~and~~ transparent and easy to understand. To that end, Member States could provide for a comparison tool that is operated by a national authority or a private company. It is also vital to provide customers with a clear and understandable pre-contractual information, so that they are fully aware about the details and consequences of the contract.

Amendment 97 #

Proposal for a directive
Recital 33

(33) Independent comparison tools, including websites, are an effective means for smaller customers to assess the merits and environmental impact of the different energy offers that are available on the market. They should aim to include the broadest possible range of available offers, and to cover the market as completely as is feasible so als to give the customer a representative overview. This comparison tool should also include information on energy origins, share and quantity, as well as other relevant environmental impact indicators, including level of greenhouse gas emissions. It is crucial that smaller customers have access to at least one comparison tool and that the information given on such tools be trustworthy, impartial and transparent. To that end, Member States could provide for a comparison tool that is operated by a national authority or a private company.

Amendment 98 #

Proposal for a directive
Recital 34

(34) Final customers should also be able to consume, to store and to sell self- generated renewable gas and participate in all natural gas markets by providing ancillary services to the system, for instance through energy storage. Member States should be able to have different provisions in their national law with respect to taxes and levies for individual and jointly-acting active customers.deleted

Amendment 99 #

Proposal for a directive
Recital 34

(34) Final customers should also be non-discriminatory able to consume, to store and to sell self- generated renewable gas and participate in all natural gas markets by providing ancillary services to the system, for instance through energy storage. Member States should be able to have different provisions in their national law with respect to taxes and levies for individual and jointly-acting active customers.

source: 732.755

2022/07/15 ITRE 940 amendments...

Amendment 100 #

Proposal for a directive
Recital 2

(2) The internal market in natural gas, which has been progressively implemented throughout the Union since 1999, aims to deliver real choice for all consumers of the European Union, be they citizens or businesses, new business opportunities and more cross-border trade, so as to achieve efficiency gains, competitive prices, and higher standards of service, and to contribute to security of supply and sustainability.deleted

Amendment 1000 #

Proposal for a directive
Article 72 – paragraph 1 – point ee

(ee) ~~approving and amend~~developing the net~~work development plan~~ zero infrastructure plan according to Article 51;

Amendment 1001 #

Proposal for a directive
Article 72 – paragraph 1 – point ee a (new)

(ee a) assessing and approving local network connection and reinforcement plans referred in Article 53bis as well as investment programmes for grid reinforcement referred to in Article 53ter;

Amendment 1002 #

Claudia GAMON, Martin HOJSÍK, Klemen GROŠELJ, Emma WIESNER, Nils TORVALDS

Proposal for a directive
Article 72 – paragraph 1 – point ii

(ii) monitoring the removal of unjustified obstacles to and restrictions on the development of consumption of self- generated renewable natural gas and ~~citizen energy communities.~~ renewable energy communities and citizen energy communities, and prevent misuse of energy communities by market participants.

Amendment 1003 #

Proposal for a directive
Article 72 – paragraph 1 – point ii

(ii) monitoring the removal of unjustified obstacles to and restrictions on the development of consumption of self- generated renewable natural gas and ~~citizen energy communitie~~renewable energy communities and prevent misuse of energy communities by market participants.

Amendment 1004 #

Proposal for a directive
Article 72 – paragraph 1 – point ii

(ii) monitoring the removal of unjustified obstacles to and restrictions on the development of consumption of self- generated renewable natural gas ~~and citizen energy communities~~.

Amendment 1005 #

Proposal for a directive
Article 72 – paragraph 1 – point ii

(ii) monitoring the removal of unjustified obstacles to and restrictions on the development of consumption of self- generated renewable ~~natural~~ gas and citizen energy communities.

Amendment 1006 #

Proposal for a directive
Article 72 – paragraph 1 – point ii a (new)

(ii a) ensuring that all decision-making processes are independent, transparent, provide for public participation, ensure accountability, and are based on objective and scientific criteria

Amendment 1007 #

Proposal for a directive
Article 72 – paragraph 1 – point ii a (new)

(ii a) ensuring the timely realisation of infrastructure investments by network operators based on the notifications received by final customers to receive hydrogen supply;

Amendment 1008 #

Proposal for a directive
Article 72 – paragraph 7 – point b

(b) connection and access to national hydrogen networks, where relevant, including, as from 1 January 2031, the hydrogen network tariffs, and terms and conditons and tariffs for access to for hydrogen storage and hydrogen terminals, including tariffs were applicable;

Amendment 1009 #

Proposal for a directive
Article 74 – paragraph 5

5. The Commission is empowered to adopt ~~delegated~~implementing acts in accordance with Article 83 in order to supplement this Directive by establishing guidelines on the extent of the duties of the regulatory authorities to cooperate with each other and with ACER.

Amendment 101 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Recital 3 a (new)

(3 a) Internal market rules for gaseous fuels need to be aligned with the objectives of the Green Deal, the 8th Environmental Action programme, the EU Climate law, the Global Methane Pledge, as well as with scientific evidence around methane and hydrogen leakage and concentration. The legal framework set out by this Directive is reconciled accordingly.

Amendment 1010 #

Proposal for a directive
Article 74 – paragraph 6 a (new)

6 a. Regulatory authorities shall cooperate with transmission system operators and with ENTSOG for the purpose of sharing information in case of suspect breach of a legal obligation by network users in accordance with Article 2(5) of Regulation (EU) 312/2014.

Amendment 1011 #

Proposal for a directive
Article 74 – paragraph 6 a (new)

6 a. Regulatory authorities shall cooperate with transmission system operators and with ENTSOG for the purpose of sharing information in case of suspect breach of a legal obligation in accordance with Article 2 of Regulation (EU) 312/2014.

Amendment 1012 #

Proposal for a directive
Article 74 – paragraph 6 a (new)

6 a. Regulatory authorities shall cooperate with transmission system operators and with ENTSOG&H for the purpose of sharing information in case of suspect breaches of legal obligations by network users.

Amendment 1013 #

Proposal for a directive
Article 76 – paragraph 4

4. The Commission is empowered to adopt ~~delegated~~implementing acts supplementing this Directive in accordance with Article 83, by establishing guidelines which define the methods and arrangements for record keeping as well as the form and content of the data that shall be kept.

Amendment 1014 #

Proposal for a directive
Article 80 – paragraph 2

2. Member States may apply to the Commission for derogations from applying Articles 3, 7, 54 or 27 to outermost regions within the meaning of Article 349 TFEU or to ~~other geographically~~ isola~~ted area~~nds. Any such derogation shall not expire ~~from the momen~~before 2050 and provided that a connection from the region or area to a Member State with an interconnected system is completed.

Amendment 1015 #

Proposal for a directive
Article 81 a (new)

Article 81 a Assessment of impact of derogations on security of supply No later than [3 months after the entry adoption of this Directive] the Commission shall assess the impact of granted derogations pursuant to Article 81 on security of supply and the essential security interests of the Union and the Member States, taking into account the principle of energy solidarity and the REPowerEU Plan objectives. If the assessment finds that one or more derogations granted pursuant to Article 81 are detrimental to ensuring the security of supply or the essential security interests of the Union or the Member States, the Commission shall adopt a decision requiring the relevant competent authority to revoke such derogations. When one or more derogations are revoked, the relevant Member State shall ensure that the effective enforcement of rules set out in this Directive, taking into account the integrated nature of the transmission line.

Amendment 1016 #

Claudia GAMON, Martin HOJSÍK, Christophe GRUDLER, Klemen GROŠELJ, Emma WIESNER

Proposal for a directive
Article 83 – paragraph 4

4. Before adopting a delegated act, the Commission shall consult all relevant stakeholders, the public and experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. and in accordance with paragraph 8 of this Article. The Commission shall also receive an independent opinion from the European Scientific Advisory Board on Climate Change as to whether the delegated act contributes to achieving the Union’s energy and climate targets.

Amendment 1017 #

Proposal for a directive
Article 83 – paragraph 4

4. Before adopting a delegated act, the Commission shall consult all relevant stakeholders, the public and experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making and in accordance with paragraph 8 of this Article. The European Scientific Advisory Board on Climate Change Commission may give an opinion to the Commission as to whether the Delegated act contributes to achieving the Union’s energy and climate targets.

Amendment 1018 #

Proposal for a directive
Article 83 – paragraph 4

4. Before adopting a delegated act, the Commission shall consult all relevant stakeholders, the public and experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making and with the Paragraph 6a. The Commission shall also receive an independent opinion form the European Scientific Advisory Board on Climate Change as to whether the delegated act contributes to achieving the Union’s energy and climate targets.

Amendment 1019 #

Proposal for a directive
Article 83 – paragraph 6 a (new)

6 a. Without prejudice to other consultation or transparency provisions set forth elsewhere in Union law, including this Directive or [the recast Regulation as proposed in COM(2021) xxx], when engaging in the public and stakeholder consultations set forth in paragraph 4 of this Article, the Commission shall comply with the following: a. The consultations shall be effective and extensive and shall take place at an early stage and in an open, inclusive and transparent manner, involving the public and at least the following stakeholders: i. experts designated by the Member States pursuant to the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, ii. relevant market participants, iii. regulatory authorities and other relevant regional, local, urban and national authorities, iv. supply and production undertakings, v. network users including customers, vi. transmission system operators, vii. distribution system operators, viii. relevant industry associations and economic and social partners, including associations involved in electricity, gas and hydrogen markets, heating and cooling, independent aggregators, demand-response operators and organisations involved in energy efficiency solutions, ix. technical bodies, x. relevant bodies representing civil society, such as environmental partners, non-governmental organisations, and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non-discrimination, xi. research organisations and universities, where appropriate, and xii. other relevant stakeholder platforms. Consultations shall aim at identifying the views and proposals of all relevant parties during the decision-making process. e. All documents and minutes of meetings related to the consultations shall be made public. f. Before the Commission approves a delegated act, it shall duly explain how the observations received during the consultation have been taken into consideration. It shall also duly justify all instances where observations have not been taken into account, or have only partially been taken into account g. To ensure early and effective participation, the Commission shall always publish its draft delegated act in advance, for comment by the public and the stakeholders referenced above. The Commission shall ensure that the public and such stakeholders are informed in a timely, adequate, and effective manner, including through public notices and electronic media, of: i. the draft delegated act being developed; ii. all background documents and other information used for development of the draft delegated act; iii. a non-technical summary of the information referred to under points (i) and (ii); iv. practical arrangements for participation, including: v. a timetable and work programme for the production of the delegated act; 2. the entities from which relevant information may be obtained; 3. the entities to which the public and stakeholders referenced above may submit comments, opinions or questions; 4. reasonable time-frames allowing sufficient time for the public to be informed and to prepare and participate effectively in the decision-making process; and 5. an explanation of the information made available or to be made available during the consultation.

Amendment 102 #

Claudia GAMON, Martin HOJSÍK, Christophe GRUDLER, Klemen GROŠELJ

Proposal for a directive
Recital 3 b (new)

(3 b) The REPowerEU pledge to phase out Russian gas imports as soon as possible, equalling 155bcm in 2019 and representing 40 % of final fossil gas demand, translates into a higher ambition for the gas phase out compared to the Climate Target Plan. Given that fossil gas demand in the Union has been rising over the past years, there is a need to establish a governance underpinning this ambition and an overall binding Union and national fossil gas phase out targets.

Amendment 1020 #

6 a. Without prejudice to other consultation or transparency provisions set forth elsewhere in Union law, including this Directive or [the recast Regulation as proposed in COM(2021) xxx], when engaging in the public and stakeholder consultations set forth in paragraph 4 of this Article, the Commission shall comply with the following: a. The consultations shall be effective and extensive and shall take place at an early stage and in an open, inclusive and transparent manner, involving the public and at least the following stakeholders: i. experts designated by the Member States pursuant to the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, ii. relevant market participants, iii. regulatory authorities and other relevant regional, local, urban and national authorities, iv. supply and production undertakings, v. network users including customers, vi. transmission system operators, vii. distribution system operators, viii. relevant industry associations and economic and social partners, including associations involved in electricity, gas and hydrogen markets, heating and cooling, independent aggregators, demand-response operators and organisations involved in energy efficiency solutions, ix. technical bodies, x. relevant bodies representing civil society, such as environmental partners, non-governmental organisations, and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non-discrimination, xi. research organisations and universities, where appropriate, and xii. other relevant stakeholder platforms. Consultations shall aim at identifying the views and proposals of all relevant parties during the decision-making process. e. All documents and minutes of meetings related to the consultations shall be made public. f. Before the Commission approves a delegated act, it shall duly explain how the observations received during the consultation have been taken into consideration. It shall also duly justify all instances where observations have not been taken into account, or have only partially been taken into account. g. To ensure early and effective participation, the Commission shall always publish its draft delegated act in advance, for comment by the public and the stakeholders referenced above. The Commission shall ensure that the public and such stakeholders are informed in a timely, adequate, and effective manner, including through public notices and electronic media, of: i. the draft delegated act being developed; ii. all background documents and other information used for development of the draft delegated act; iii. a non-technical summary of the information referred to under points (i) and (ii); iv. practical arrangements for participation, including: 1. a timetable and work programme for the production of the delegated act; 2. the entities from which relevant information may be obtained; 3. the entities to which the public and stakeholders referenced above may submit comments, opinions or questions; 4. reasonable time-frames allowing sufficient time for the public to be informed and to prepare and participate effectively in the decision-making process; and 5. an explanation of the information made available or to be made available during the consultation.

Amendment 1021 #

Proposal for a directive
Article 83 – paragraph 6 a (new)

6 a. Any delegated act adopted under this Directive shall: a. contribute to achieving the Union’s climate and energy targets; b. promote the energy efficiency first principle; c. contribute to the prudent and rational utilisation of natural resources; d. further energy system integration; and enable the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030, compared to 2015.

Amendment 1022 #

Proposal for a directive
Article 83 – paragraph 6 b (new)

6 b. Without prejudice to other consultation or transparency provisions set forth elsewhere in Union law, including this Directive or [the recast Regulation as proposed in COM(2021) xxx], when engaging in the public and stakeholder consultations set forth in paragraph 4 of this Article, the Commission shall comply with the following: a. The consultations shall be effective and extensive and shall take place at an early stage and in an open, inclusive and transparent manner, involving the public and at least the following stakeholders: i. experts designated by the Member States pursuant to the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, ii. relevant market participants, iii. regulatory authorities and other relevant regional, local, urban and national authorities, iv. supply and production undertakings, v. network users including customers, vi. transmission system operators, vii. distribution system operators, viii. relevant industry associations and economic and social partners, including associations involved in demand-response operators and organisations involved in energy efficiency solutions, ix. technical bodies, x. relevant bodies representing civil society, such as environmental partners, consumers organisations, trade unions, non-governmental organisations, and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non-discrimination, xi. research organisations and universities, where appropriate, and xii. other relevant stakeholder platforms. Consultations shall aim at identifying the views and proposals of all relevant parties during the decision-making process. b. All documents and minutes of meetings related to the consultations shall be made public. c. Before the Commission approves a delegated act, it shall duly explain how the observations received during the consultation have been taken into consideration. It shall also duly justify all instances where observations have not been taken into account, or have only partially been taken into account. d. To ensure early and effective participation, the Commission shall always publish its draft delegated act in advance, for comment by the public and the stakeholders referenced above. The Commission shall ensure that the public and such stakeholders are informed in a timely, adequate, and effective manner, including through public notices and electronic media, of: i. the draft delegated act being developed; ii. all background documents and other information used for development of the draft delegated act; iii. a non-technical summary of the information referred to under points (i) and (ii) iv. practical arrangements for participation, including: 1. a timetable and work programme for the production of the delegated act; 2. the entities from which relevant information may be obtained; 3. the entities to which the public and stakeholders referenced above may submit comments, opinions or questions; 4. reasonable time-frames allowing sufficient time for the public to be informed and to prepare and participate effectively in the decision-making process; and 5. an explanation of the information made available or to be made available during the consultation.

Amendment 1023 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 85 – paragraph 1

By 31 December 20~~30 the Commission shall review this Directive and~~27 and every 5 years thereafter, the Commission shall submit a report to the European Parliament and to the Council. The re~~view~~port shall in particular examine the application of Article 8, and related definitions in Article 2, to assess whether facilities that begin operation from 1 January 2031 should demonstrate higher greenhouse gas emission savings from the use of low carbon fuels and low carbon hydrogen to receive certification pursuant to that Article. . : i. the ambition and overall environmental integrity of the Regulation in relation to the targets under the Paris Agreement, to the Union economy- wide GHG emissions reduction target for 2030, 2040 and to the climate-neutrality objective as defined in the European Climate Law, as well as to the Renewable energy and Energy efficiency targets and other relevant climate and energy legislation. ii. application of Article 8, and related definitions in Article 2, to assess whether facilities should demonstrate higher greenhouse gas emission savings, and lower methane and hydrogen leakage rates, from the use of renewable gases to receive certification pursuant to that Article. iii. the application of the unbundling provisions in the Directive for hydrogen undertakings, and in particular Articles 62 and 63, whether such provisions have sufficiently prevented and mitigated conflicts of interest between regulated and competitive hydrogen activities and between hydrogen and gas activities, thereby limiting the use of hydrogen only to priority, hard-to-abate industrial sectors where other more efficient means of decarbonisation are not possible. iv. whether the Directive has adequately ensured that renewable gases have been directed and will continue to be directed only for use in priority, hard- to-abate sectors where other more efficient means of decarbonisation are not possible. By 31 December 2027, The Commission shall consider amendments to the entire proposal, its environmental integrity and effectiveness in relation to the Paris Agreement, the Union’s GHG emissions reduction targets and the energy legislation, and at least: - increase the GHG emissions reduction threshold for RFNBOs; - make more stringent the methane and hydrogen leakages rates where the unbundling provisions have not sufficiently prevented and mitigated conflicts of interest mentioned above, apply stricter unbundling requirements; - where the Directive has not adequately ensured that renewable gases are directed only for use in priority, hard-to-abate sectors where other more efficient means of decarbonisation are not possible, apply provisions explicitly limiting the use of such renewable gases only to those.

Amendment 1024 #

Proposal for a directive
Article 89 – paragraph 1

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. The provisions of this Directive as amended shall apply to certification procedures initiated and not completed before the date of entry into force of this Directive.

Amendment 1025 #

Proposal for a directive
Annex I – point 1 – point 1.2 – point a a (new)

(a a) when is the payment due or to be received;

Amendment 1026 #

Proposal for a directive
Annex I – point 1 – point 1.2 – point g

(g) information on where to find online information or how to request offline information on all final customers' rights including as regards out-of-court dispute settlement, on the complaint handling process, including the contact details of the entity responsible pursuant to Article 26;

Amendment 1027 #

Proposal for a directive
Annex I – point 2 – point a

(a) billing on the basis of actual consumption shall take place at least once a year ,where the final customer has a meter that allows remote reading by the operator, the final customer shall not be charged for unbilled energy consumed prior to the billing period covered in the statement of account;

Amendment 1028 #

Proposal for a directive
Annex I – point 2 – point b

(b) where the final customer does not have a meter that allows remote reading by the operator, or where the final customer has actively chosen to disable remote reading in accordance with national law, accurate billing information based on actual consumption shall be made available to the final customer at least every ~~six~~three months, or once every ~~three~~ months, if requested or where the final customer has opted to receive electronic billing;

Amendment 1029 #

Proposal for a directive
Annex I – point 2 – point c

(c) where the final customer does not have a meter that allows remote reading by the operator, or where the final customer has actively chosen to disable remote reading in accordance with national law, the obligations in points (a) and (b) may be fulfilled by means of a system of regular voluntary self-reading by the final customer, whereby the final customer communicates readings from the meter to the operator; billing or billing information may be based on estimated consumption or a flat rate only where the final customer has not provided a meter reading for a given billing interval. The estimated consumption shall be based on the previous year consumption and/or on the consumption of a comparable final customer;

Amendment 103 #

Proposal for a directive
Recital 4

(4) As part of the Package “Clean Energy for all Europeans” proposed by the Commission on 30 November 2016, Regulation (EU) 2019/9436 and Directive (EU) 2019/9447 brought about a further step in the development of the internal market for electricity with citizens at its core and contributing to the Union’s objectives of transition to a clean energy system and reducing greenhouse gas emissions. The internal market in natural gas should be built on those same principles and, ~~in particular, ensure an equal level of consumer protection.~~ ensure that consumers are not subsidising investments that they will not be using in the future as well as minimising the risk of stranded assets and their related future cost. _________________ 6 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). 7 Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).

Amendment 1030 #

Jerzy BUZEK, Gheorghe FALCĂ, Massimiliano SALINI, Franc BOGOVIČ, Sara SKYTTEDAL, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Annex I – point 5 – paragraph 1

SWhere relevant, suppliers shall specify in bills the share of renewable and separately low carbon gas purchased by the final customer in accordance with the supply contract for gases (product level disclosure). In case of a mixture the supplier shall provide the same information separately for different categories of gases, including renewable or low-carbon gas.

Amendment 1031 #

Proposal for a directive
Annex I – point 5 – paragraph 4

The disclosure of the share of renewable and low-carbon gas purchased by the final customers shall be done by using guarantees of origin.

Amendment 1032 #

Proposal for a directive
Annex I – point 5 – paragraph 4

The disclosure of the share of renewable and low-carbon gas purchased by the final customers shall be done by using guarantees of origin.

Amendment 1033 #

Proposal for a directive
Annex I – point 5 a (new)

5 a. Disclosure of information on additionality of “green tariffs” Those consumers on a ‘green’ tariff shall receive information in their bills on the additionality of the tariff over the previous year. This should demonstrate how consumers’ money issued to increase installed capacity or generation of renewable gases beyond what would otherwise be installed. A template layout shall be by all suppliers, building on the printed version that should be published with customers’ bills.

Amendment 1034 #

Proposal for a directive
Annex II – point 1

1. Member States shall ~~ensure the deployment of smart metering systems in their territories that may be subject to~~conduct an economic assessment of all the long-term costs and benefits to the market and the individual industrial consumer or which form of smart metering is economically reasonable and cost-effective and which timeframe is feasible for their distribution.

Amendment 1035 #

Proposal for a directive
Annex II – point 2 – paragraph 1

Such assessment shall also duly consider potential synergies with an already rolled- out electricity smart metering infrastructure, or options for selective rollouts to cases that can quickly return net benefits to keep costs in check. Electricity smart metering infrastructure should be duly compensated for the utilisation of the system in place or for its upgrading.

Amendment 1036 #

Proposal for a directive
Annex II – point 3

3. Subject to ~~that~~a positive assessment, Member States , shall prepare a timetable with a target of up to ten years for the deployment of smart metering systems~~. Where the deployment of smart metering systems is assessed positively, at least 80 % of final customers shall be equipped with smart meters within seven years of the date of the positive assessment~~ for industrial customers.

Amendment 1037 #

Proposal for a directive
Annex II – point 3

3. Subject to that assessment, Member States , shall prepare a timetable with a target of up to ten years for the deployment of smart metering systems. Where the deployment of smart metering systems is assessed positively, at least 80 % of final customers shall be equipped with smart meters ~~within seven years of the date of the positive assessment~~gradually within a flexible timeframe.

Amendment 1038 #

Specific requirements Directive definition category Electrolysis  Hydrogen made from ≥ 90% additional renewable Renewable hydrogen electricity (referencing the requirements in the RED gas (RFNBOs) delegated regulation “setting out detailed rules for the production of liquid and gaseous transport fuels of non-biological origin”). Biomass hydrogen From waste biomass (Annex IX, A in the RED excluding Renewable stemwood would be a safe list) gas Methane leakage requirements for specific primary biomass pathways below: Livestock Manure  Methane leakage from digester ≤5.7% & Renewable hydrogen  Methane leakage during upgrade ≤2.85% gas Wastewater sludge  Methane leakage from digester ≤7.3% & Renewable hydrogen  Methane leakage during upgrade ≤3.7% gas Livestock Manure  Methane leakage from digester ≤6% & Renewable Biomethane  Methane leakage during upgrade ≤3% gas Wastewater sludge  Methane leakage from digester ≤7.6% & Renewable biomethane  Methane leakage during upgrade ≤3.8% gas Silage maize and “food and feed crops” and “intermediate crops” as Renewable other food and feed defined in the RED are excluded from the renewable gas gas crops biomethane definition.

Amendment 1039 #

Proposal for a directive
Annex III a (new)

Specific requirements Directive definition category Electrolysis hydrogen  Hydrogen made from ≥ 90% additional renewable electricity Renewable (Renewable Fuels of Non- (referencing the requirements in the RED delegated regulation “setting gas biological origin as out detailed rules for the production of liquid and gaseous transport defined by the RED) fuels of non-biological origin”). Fossil gas hydrogen  Carbon capture rate ≥83.5% & Low-carbon (steam methane reforming  Upstream methane leakage rate ≤0.34% gas and carbon capture and storage, CCS) Coal + CCS hydrogen Carbon capture rate ≥94.4% Low-carbon gas Biomass hydrogen From waste biomass (Annex IX, A in the RED excluding stemwood would Renewable be a safe list) gas Methane leakage requirements for specific primary biomass pathways below: Livestock Manure  Methane leakage from digester ≤5.7% & Renewable hydrogen  Methane leakage during upgrade ≤2.85% gas Wastewater sludge  Methane leakage from digester ≤7.3% & Renewable hydrogen  Methane leakage during upgrade ≤3.7% gas Livestock Manure  Methane leakage from digester ≤6% & Renewable Biomethane  Methane leakage during upgrade ≤3% gas Wastewater sludge  Methane leakage from digester ≤7.6% & Renewable biomethane  Methane leakage during upgrade ≤3.8% gas Silage maize and other “food and feed crops” and “intermediate crops” as defined in the RED Renewable food and feed crops are excluded from the renewable gas definition. gas biomethane

Amendment 104 #

Proposal for a directive
Recital 4

(4) As part of the Package “Clean Energy for all Europeans” proposed by the Commission on 30 November 2016, Regulation (EU) 2019/9436 and Directive (EU) 2019/9447 brought about a further step in the development of the internal market for electricity with citizens at its core and contributing to the Union’s objectives of transition to a clean energy system and reducing greenhouse gas emissions. The internal market in natural gas should be built on those same principles and, in particular, ensure an equal level of consumer protection. Very particularly, every Union energy policy should address vulnerable consumers and tackle energy poverty. _________________ 6 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). 7 Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).

Amendment 105 #

Claudia GAMON, Martin HOJSÍK, Christophe GRUDLER, Klemen GROŠELJ, Emma WIESNER

Proposal for a directive
Recital 4

(4) As part of the Package “"Clean Energy for all Europeans”" proposed by the Commission on 30 November 2016, Regulation (EU) 2019/9436 and Directive (EU) 2019/9447 brought about a further step in the development of the internal market for electricity with citizens at its core and contributing to the Union’s objectives of transition to a clean energy system and reducing greenhouse gas emissions. The internal market in natural gas and biomethane should be built on those same principles and, in particular, ensure an equal level of consumer protection and citizen energy communities do not apply to the hydrogen system. _________________ 6 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). 7 Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).

Amendment 106 #

Proposal for a directive
Recital 5

(5) The Union has aims to cut greenhouse gas emissions and to promote modern, decentralised, efficient and integrated energy systems. It has therefore adopted a set of initiatives to reach that goal, including the energy system integration strategy and the hydrogen strategy published by the Commission in July 2020, ~~which set out how to update the energy markets, including the decarbonisation of gas markets as well as~~and the report on a comprehensive European approach to energy storage (2019/2189(INI)), which together set out how to update the energy markets, including the decarbonisation of gas markets. These initiatives also call for transitioning to a more decentralised energy system with energy efficiency at its core, greater direct electrification of end- use sectors, prioritising demand-side solutions whenever they are more cost- effective than investments in energy infrastructure, greater focus on energy storage solutions, and using renewable fuels, including hydrogen, only for end- use applications where electrification is not feasible, not efficient or involves higher costs. The Union has also adopted a set of initiatives and mandatory targets to encourage decarbonisation in Regulation (EU) 2018/1999 and Regulation (EU) 2021/1119. This Directive should contribute to achieving these goals, ensuring security of supply and a well- functioning internal market for gases, including for hydrogen. , and facilitating efficient and integrated energy systems.

Amendment 107 #

Proposal for a directive
Recital 5

(5) The Union has aims to cut greenhouse gas emissions and to promote efficient and integrated energy systems.. It has therefore adopted a set of initiatives to reach that goal, including the energy system integration strategy and the hydrogen strategy published by the Commission in July 2020, ~~which set out how to update the energy markets, including the decarbonisation of gas markets as well as~~and the recommendation on the energy efficiency first principle published by the Commission in September 2021 which set out how to update the energy markets. These initiatives also call for transitioning to a more circular energy system with energy efficiency at its core, 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, only for end-use applications where electrification is not feasible, not efficient or involves higher costs The Union has also adopted a set of initiatives and mandatory targets to encourage decarbonisation in Regulation (EU) 2018/1999 and Regulation (EU) 2021/1119. This Directive should contribute to achieving these goals, as well as the REPowerEU ambition to phase out fossil imports from Russia as soon as possible ensuring security of supply and a well- functioning internal market for gases, including for hydrogen. and limiting as much as possible methane and hydrogen leakages.

Amendment 108 #

Proposal for a directive
Recital 5

(5) The Union ~~has aims to~~must cut greenhouse gas emissions and should promote efficient and integrated energy systems. It has therefore adopted a set of initiatives to reach that goal, including the energy system integration strategy and the hydrogen strategy published by the Commission in July 2020, ~~which set out how to update the energy markets, including the decarbonisation of gas markets as well as~~and the recommendation on the energy efficiency first principle published by the Commission in September2021, which together set out how to update the energy markets, including the decarbonisation of gas markets. These initiatives also call for transitioning to a more circular energy system with energy efficiency at its core, 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, only for end-use applications where electrification is not feasible, not efficient or involves higher costs. The Union has also adopted a set of initiatives and mandatory targets to encourage decarbonisation in Regulation (EU) 2018/1999 and Regulation (EU) 2021/1119. This Directive should contribute to achieving these goals, ensuring security of supply and a well- functioning internal market for gases, including for hydrogen, and facilitating efficient and integrated energy systems.

Amendment 109 #

Proposal for a directive
Recital 5 a (new)

(5 a) The REPower EU Action plan published in May 2022 proposes a higher target for the share of renewables by 2030 of at least 45 %, a higher energy savings target of at least 13 % by 2030, an aspiration to double the pace of roll out of heat pumps over the next few years, strengthening the renewable based electrification of as many sectors as possible, with focus on industrial one, and finally an increased ambition for specifically renewable hydrogen of 10 mt imports and 10 mt exports by 2030.The combined effect of these measures will result in a significantly lower than projected fossil gas demand and associated infrastructure needed. In the light of irreversibly higher gas prices for the Union, there seems no more justification to plan a nascent hydrogen market based on the existing natural gas map.

Amendment 110 #

Proposal for a directive
Recital 5 a (new)

(5 a) The continued use of fossil gas puts the Union’s climate and energy goals at risk. A fossil gas phase-out by 2035 needs to be pursued, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030, compared to 2015. Planning of gas infrastructure should take this decline into account and give duly consideration to decommissioning of fossil gas infrastructure.

Amendment 111 #

Proposal for a directive
Recital 5 b (new)

(5 b) Continuous scientific evidence shows that energy savings, energy efficiency and renewable energy represent key drivers for reaching a net-zero GHG emission economy, and that achieving a highly energy efficient and fully renewable based economy is technologically and economically feasible already by 2035, with the right regulatory and political push. In line with the Commission’s recommendation of28 September 2021 entitled "On Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making inthe energy sector and beyond", this Directive should take an integrated approach by setting market rules able to support only the most energy efficient renewable source for any given sector and application as well as by promoting system efficiency, so that the least renewable energy and infrastructure roll- out would be required for various economic activities. In this context, fossil gas should be phased out by 2035 and low-carbon fuels, which are de facto of nuclear or fossil origin, should not play a role in the energy and economic future of the Union, let alone be placed on an equal footing with renewable energy sources.

Amendment 112 #

Proposal for a directive
Recital 6

(6) This Directive aims to facilitate the penetration of ~~renewable and low-carbon~~sustainable renewable gases into the energy system enabling a ~~shift from~~phase- out of fossil gas and to allow ~~these new~~renewable gases to ~~play an important role~~make their contribution towards achieving the EU’s 2030 energy and climate objectives and climate neutrality in 2050, as well as to steering of gaseous molecules towards those applications and sectors that cannot be directly electrified with renewables, with this creating the necessary space for renewables electricity and other thermal renewables for heating and transport purposes. The Directive aims also to set up a regulatory framework which enables and incentivises all market participants to ~~take the transitional role of fossil gas into account while~~shift away from fossil gas, and planning their activities to avoid lock- in effects ~~and ensure gradual and timely~~of any kind of fossil fuel or inefficient use of energy and ensure phase- out of fossil gas notably in all relevant industrial sectors and for heating purposes.

Amendment 113 #

Proposal for a directive
Recital 6

(6) This Directive 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. The Directive aims also to set up a regulatory framework which 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~~and allow a gradual phase-out of fossil gas notably in all relevant industrial sectors and for heating purposes.

Amendment 114 #

Proposal for a directive
Recital 6

(6) This Directive 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. The Directive aims also to set up a regulatory framework which 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 by 2035, notably in all relevant industrial sectors and for heating purposes.

Amendment 115 #

Proposal for a directive
Recital 6 a (new)

(6 a) This Directive establishes rules for the transport, supply and storage of natural gas and the transition of the natural gas system to a system based on renewable and low-carbon gases.

Amendment 116 #

Proposal for a directive
Recital 6 a (new)

(6 a) The integration of biomethane in the natural gas system contributes to diversify the energy supply in line with the Commission's targets

Amendment 117 #

Proposal for a directive
Recital 6 b (new)

(6 b) This Directive establishes rules for the progressive establishment of a Union- wide interconnected hydrogen system contributing to the reduction of net greenhouse gas emissions of difficult to decarbonise sectors and thereby supporting to the decarbonisation of the Union energy system.

Amendment 118 #

Proposal for a directive
Recital 7

(7) 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 Directive should thus be conducive for hydrogen markets, 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 rendered applicable to Union hydrogen markets to the extent appropriate and within a suitable time frame.

Amendment 119 #

Proposal for a directive
Recital 7

Amendment 120 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Recital 7 a (new)

(7 a) Current hydrogen production and transport pathways incur in significant energy conversion losses compared to the direct use of electricity. In application of the energy efficiency first principle, renewable fuels of non-biological origin should be prioritised for feedstock or raw material in industries such as steel or chemicals, and for energy purposes in very high temperature industrial processes, hard-to abate maritime and aviation applications, and they should be excluded from covering heat demand that may be otherwise satisfied with more energy efficient renewable-based solutions, such as heat-pumps, direct renewable-electrification or geothermal solutions, which are1 to 5 times more energy efficient than using electrolytic hydrogen. Conversely, all efforts should be made to avoid the use of hydrogen for applications where more energy-efficient alternatives exist. Notably, this includes heating of buildings, production of hot water for sanitary uses, and low and medium temperature heat for industrial processes. Other renewable gases, such as biogases, will be able to contribute to the energy and climate goal as long as they are produced using only truly sustainable feedstocks such as waste and residues of Annex IX Part A of the Renewable Energy Directive. Considering the latter are limited in availability, this Directive should provide for market rules limiting the uptake of biogases beyond their sustainability level, as to avoid further threat on biodiversity, indirect land use change and food security. Both the gaseous part of renewable gaseous fuels that are fuels of non-biological origin (‘RFNBOs’) and other renewable gases, will have to respect maximum methane and hydrogen leakage rates.

Amendment 121 #

Proposal for a directive
Recital 8

(8) In line with the EU Hydrogen Strategy and the EU REPowerEU Communication and Action Plan, renewable hydrogen is expected to be deployed on a large-scale from 2030 onwards for the purpose of decarbonising certain sectors, ranging from aviation and shipping to hard-to-decarbonise industrial sectors. All final customers connected to hydrogen systems will benefit from ~~basic~~ consumer rights applicable to final customers connected to the natural gas system such as the right to switch supplier and accurate billing information. In those instances where customers are connected to the hydrogen network, e.g. industrial customers, they will benefit from the same consumer protection rights applicable to natural gas customers. However, consumer provisions designed to encourage household participation on the market such as price comparison tools, active customers and citizen energy communities do not apply to the hydrogen system.

Amendment 122 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO

Proposal for a directive
Recital 8

(8) In line with the EU Hydrogen Strategy as well as EU REPowerEU Communication and Action Plan, renewable hydrogen is expected to be deployed on a large-scale ~~from 2030 onwards~~already by 2030 for the purpose of increasing the flexibility of the electricity system, decarbonising certain sectors, ranging from aviation and shipping to hard-to-decarbonise industrial sectors as well as replacing Russian fossil fuels as swift as possible. All final customers connected to hydrogen systems will benefit from basic consumer rights applicable to final customers connected to the natural gas system such as the right to switch supplier and accurate billing information. In those instances where customers are connected to the hydrogen network, e.g. industrial customers, they will benefit from the same consumer protection rights applicable to natural gas customers. However, consumer provisions designed to encourage household participation on the market such as price comparison tools, active customers and citizen energy communities do not apply to the hydrogen system.

Amendment 123 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ, Bart GROOTHUIS, Andreas GLÜCK

Proposal for a directive
Recital 8

(8) In line with the ~~EU Hydrogen Strategy,~~REPowerEU, 10 mt of domestic renewable hydrogen and 10 mt of imported renewable hydrogen isare expected to be deployed on a large-scale ~~from~~by 2030 ~~onwards~~ for the purpose of decarbonising certain sectors and applications that do not have any other more sustainable and energy efficient renewable solutions, ranging from aviation and shipping to hard-to-decarbonise industrial sectors. All those relevant final customers connected to hydrogen systems will benefit from basic consumer rights applicable to final customers connected to the natural gas system such as the right to switch supplier and accurate billing information. In those instances where non-household customers are connected to the hydrogen network, e.g. high temperature industrial customers, they will benefit from the same consumer protection rights applicable to natural gas customers. However, consumer provisions designed to encourage household participation on the market such as price comparison tools, and active customers ~~and citizen energy communities~~ do not apply to the hydrogen system.

Amendment 124 #

Proposal for a directive
Recital 8

(8) ~~In line with~~While the EU Hydrogen Strategy~~, renewable~~ supports the use of renewable hydrogen to reach carbon neutrality by 2050, low- carbon hydrogen is expected to be deployed alongside it on a large-scale from 2030 onwards for the purpose of decarbonising certain sectors, ranging from aviation and shipping to hard-to- decarbonise industrial sectors. All final customers connected to hydrogen systems will benefit from basic consumer rights applicable to final customers connected to the natural gas system such as the right to switch supplier and accurate billing information. In those instances where customers are connected to the hydrogen network, e.g. industrial customers, they will benefit from the same consumer protection rights applicable to natural gas customers. However, consumer provisions designed to encourage household participation on the market such as price comparison tools, active customers and citizen energy communities do not apply to the hydrogen system.

Amendment 125 #

Claudia GAMON, Christophe GRUDLER, Klemen GROŠELJ, Emma WIESNER

Proposal for a directive
Recital 8

(8) In line with the EU Hydrogen Strategy, renewable hydrogen is expected to be deployed on a large-scale from 2030 onwards for the purpose of decarbonising certain sectors, ranging from aviation and shipping to hard-to-decarbonise industrial sectors. All final customers connected to hydrogen systems will benefit from basic consumer rights applicable to final customers connected to the natural gas system such as the right to switch supplier and accurate billing information. In those instances where customers are connected to the hydrogen network, e.g. industrial customers, they will benefit from the same consumer protection rights applicable to natural gas customers. However, consumer provisions designed to encourage household participation on the market such as price comparison tools, active customers, renewables self-consumption, renewable energy communities and citizen energy communities do not apply to the hydrogen system.

Amendment 126 #

Proposal for a directive
Recital 8

(8) In line with the EU Hydrogen Strategy, renewable hydrogen is expected to be deployed on a large-scale from 2030 onwards for the purpose of decarbonising certain sectors, ranging from aviation and shipping to hard-to-decarbonise industrial sectors. All final customers connected to hydrogen systems will benefit from basic consumer rights applicable to final customers connected to the natural gas system such as the right to switch supplier and accurate billing information. In those instances where customers are connected to the hydrogen network, e.g. industrial customers, they will benefit from the same consumer protection rights applicable to natural gas and biomethane customers. However, consumer provisions designed to encourage household participation on the market such as price comparison tools, active customers and citizen energy communities do not apply to the hydrogen system.

Amendment 127 #

Proposal for a directive
Recital 8

(8) In line with the EU Hydrogen Strategy, renewable hydrogen is expected to be deployed on a large-scale from 2030 onwards for the purpose of decarbonising certain sectors, ranging from aviation and shipping to hard-to-decarbonise industrial sectors. All final customers connected to hydrogen systems will benefit from basic consumer rights applicable to final customers connected to the natural gas system such as the right to switch supplier and accurate billing information. In those instances where customers are connected to the hydrogen network, e.g. industrial customers, they will benefit from the same consumer protection rights applicable to natural gas customers. However, consumer provisions designed to encourage household participation on the market such as price comparison tools, and active customers ~~and citizen energy communities~~ do not apply to the hydrogen system.

Amendment 128 #

Proposal for a directive
Recital 9

(9) In line with the EU Hydrogen Strategy and the REPowerEU action plan, the priority for the EU is to develop renewable hydrogen produced using additional renewable electricity, mainly from wind and solar energy. Renewable hydrogen is the ~~most~~only compatible option with the EU’s climate neutrality and zero pollution goal in the long term and the most coherent with an integrated energy system. However, low- carbon fuels (LCFs) such as low-carbon hydrogen (LCH) may play a role in the energy transition, particularly in the short and medium term to rapidly reduce emissions of existing fuels, and support the uptake of renewable fuels such as renewable hydrogen. In order to support the transition, it is necessary to establish a threshold for greenhouse gas emission reductions for low-carbon hydrogen and synthetic gaseous fuels. Such threshold should become more stringent for hydrogen produced in installations starting operations from 1 January 2031 to take into account technological developments and better stimulate the dynamic progress towards the reduction of greenhouse gas emissions from hydrogen production. The EU Energy System Integration strategy highlighted the need to deploy an EU–wide certification system to also cover low-carbon fuels with the aim to enable Member States to compare them with other decarbonisation options and consider them in their energy mix as a viable solution. In order to ensure that LCF have the same decarbonisation impact as compared to other renewable alternatives it is important that they are certified by applying a similar methodological approach based on a life cycle assessment of their total greenhouse gas (‘GHG’) emissions. This would allow deploying a comprehensive EU-wide certification system, covering the whole Union energy mix. Taking into consideration that LCF and LCH are not renewable fuels, their terminology and certification could not be included in the proposal for the revision of Directive (EU) 2018/2001 of the European Parliament and of the Council8 . Therefore, their inclusion in this Directive fills in this gap. _________________ 8 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82)considering that those fuels still incurs in emissions, leakages and energy conversion losses, to make sure they play a robust role in the transition, it is necessary to establish a stronger threshold for greenhouse gas emission reductions , accompanied by provisions on maximum methane and hydrogen leakage rates. Such threshold should become more stringent as technological developments progress.

Amendment 129 #

Jerzy BUZEK, Gheorghe FALCĂ, Massimiliano SALINI, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Recital 9

(9) In line with the EU Hydrogen Strategy, the priority for the EU is to develop renewable hydrogen produced using mainly wind and solar energy. Renewable hydrogen is the most compatible option with the EU’s climate neutrality and zero pollution goal in the long term and the most coherent with an integrated energy system. However, low- carbon fuels (LCFs) such as low-carbon hydrogen (LCH) ~~may~~will play a role in the energy transition~~, particularly in the short and medium term~~ to rapidly reduce emissions of existing fuels, and support the uptake of renewable fuels such as renewable hydrogen. In order to support the transition, it is necessary to establish a threshold for greenhouse gas emission reductions for low-carbon hydrogen and synthetic gaseous fuels. Such threshold should become more stringent for hydrogen produced in installations starting operations from 1 January 2031 to take into account technological developments and better stimulate the dynamic progress towards the reduction of greenhouse gas emissions from hydrogen production. The EU Energy System Integration strategy highlighted the need to deploy an EU–wide certification system to also cover low-carbon fuels with the aim to enable Member States to compare them with other decarbonisation options and consider them in their energy mix as a viable solution. In order to ensure that LCF have the same decarbonisation impact as compared to other renewable alternatives it is important that they are certified by applying a similar methodological approach based on a life cycle assessment of their total greenhouse gas (‘GHG’) emissions. This would allow deploying a comprehensive EU-wide certification system, covering the whole Union energy mix. Taking into consideration that LCF and LCH are not renewable fuels, their terminology and certification could not be included in the proposal for the revision of Directive (EU) 2018/2001 of the European Parliament and of the Council8 . Therefore, their inclusion in this Directive fills in this gap. _________________ 8 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

Amendment 130 #

Proposal for a directive
Recital 9

(9) In line with the EU Hydrogen Strategy, the priority for the EU is to develop renewable hydrogen produced using mainly wind and solar energy. Renewable ~~hydrogen is the most~~and low carbon hydrogen are compatible ~~option~~ with the EU’s climate neutrality and zero pollution goal in the long term and the most coherent with an integrated energy system. However, renewable hydrogen production probably will not scale fast enough to meet the expected growth in demand for hydrogen in Europe. Therefore, low- carbon fuels (LCFs) such as low-carbon hydrogen (LCH) ~~may~~will play an important role in the energy transition, particularly in the short and medium term to rapidly reduce emissions of existing fuels, and support the uptake of renewable fuels such as renewable hydrogen. In order to support the transition, it is necessary to establish a threshold for greenhouse gas emission reductions for low-carbon hydrogen and synthetic gaseous fuels. Such threshold should become more stringent for hydrogen produced in installations starting operations from 1 January 2031 to take into account technological developments and better stimulate the dynamic progress towards the reduction of greenhouse gas emissions from hydrogen production. The EU Energy System Integration strategy highlighted the need to deploy an EU–wide certification system to also cover low- carbon fuels with the aim to enable Member States to compare them with other decarbonisation options and consider them in their energy mix as a viable solution. In order to ensure that LCF have the same decarbonisation impact as compared to other renewable alternatives it is important that they are certified by applying a similar methodological approach based on a life cycle assessment of their total greenhouse gas (‘GHG’) emissions. This would allow deploying a comprehensive EU-wide certification system, covering the whole Union energy mix. Taking into consideration that LCF and LCH are not renewable fuels, their terminology and certification could not be included in the proposal for the revision of Directive (EU) 2018/2001 of the European Parliament and of the Council8 . Therefore, their inclusion in this Directive fills in this gap. _________________ 8 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

Amendment 131 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ, Bart GROOTHUIS, Andreas GLÜCK

Proposal for a directive
Recital 9

(9) In line with the EU Hydrogen Strategy, the priority for the EU is to develop renewable hydrogen produced using mainly wind and solar energy. Renewable hydrogen is the most compatible option with the EU’s climate neutrality and zero pollution goal in the long term and the most coherent with an integrated energy system. However, low- carbon fuels (LCFs) such as low-carbon hydrogen (LCH) ~~may~~will play a role in the energy transition~~, particularly in the short and medium term~~ in line with the Union climate targets, to rapidly reduce emissions of existing fuels, and support the uptake of renewable fuels such as renewable hydrogen. In order to support the transition, it is necessary to adopt a technology-neutral approach and to establish a threshold for greenhouse gas emission reductions for low-carbon hydrogen and synthetic gaseous fuels. Such threshold should become more stringent for hydrogen produced in installations starting operations from 1 January 2031 to take into account technological developments and better stimulate the dynamic progress towards the reduction of greenhouse gas emissions from hydrogen production. The EU Energy System Integration strategy highlighted the need to deploy an EU–wide certification system to also cover low- carbon fuels with the aim to enable Member States to compare them with other decarbonisation options and consider them in their energy mix as a viable solution. In order to ensure that LCF have the same decarbonisation impact as compared to other renewable alternatives it is important that they are certified by applying a similar methodological approach based on a life cycle assessment of their total greenhouse gas (‘GHG’) emissions. This would allow deploying a comprehensive EU-wide certification system, covering the whole Union energy mix. Taking into consideration that LCF and LCH are not renewable fuels, their terminology and certification could not be included in the proposal for the revision of Directive (EU) 2018/2001 of the European Parliament and of the Council8 . Therefore, their inclusion in this Directive fills in this gap. _________________ 8 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

Amendment 132 #

Proposal for a directive
Recital 9

(9) In line with the EU Hydrogen Strategy, the priority for the EU is to develop renewable hydrogen produced using mainly wind and solar energy. Renewable hydrogen ~~is the most compatible option with th~~produced using biomass energy falls under the definition of biogas, as indicated by Directive (EU~~’s climate neutrality and zero pollution goal in the long term and the most coherent wi~~) 2018/2001. However, renewable hydrogen production is not likely to meet rapidly the expected growth ain ~~integrated energy system. However~~demand for hydrogen in the Union. Therefore, low- carbon fuels (LCFs) such as low-carbon hydrogen (LCH) may play a role in the energy transition, ~~particularly in the short and medium term to rapidly~~to reduce emissions of existing fuels, and support the ~~uptake of renewable fuels such as renewable hydrogen~~transition of the Union's industry. In order to support the transition, it is necessary to establish a threshold for greenhouse gas emission reductions for low-carbon hydrogen and synthetic gaseous fuels. Such threshold should become more stringent for hydrogen produced in installations starting operations from 1 January 20315 to take into account technological developments and better stimulate the dynamic progress towards the reduction of greenhouse gas emissions from hydrogen production. The EU Energy System Integration strategy highlighted the need to deploy an EU–wide certification system to also cover low- carbon fuels with the aim to enable Member States to compare them with other decarbonisation options and consider them in their energy mix as a viable solution. In order to ensure that LCF have the same decarbonisation impact as compared to other renewable alternatives it is important that they are certified by applying a similar methodological approach based on a life cycle assessment of their total greenhouse gas (‘GHG’) emissions. This would allow deploying a comprehensive EU-wide certification system, covering the whole Union energy mix. Taking into consideration that LCF and LCH are not renewable fuels, their terminology and certification could not be included in the proposal for the revision of Directive (EU) 2018/2001 of the European Parliament and of the Council8 . Therefore, their inclusion in this Directive fills in this gap. _________________ 8 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

Amendment 133 #

Proposal for a directive
Recital 9

(9) In line with the EU Hydrogen Strategy, the priority for the EU is to develop renewable hydrogen produced using mainly wind and solar energy. Renewable hydrogen is the most compatible option with the EU’s climate neutrality and zero pollution goal in the long term and the most coherent with an integrated energy system. However, low- carbon fuels (LCFs) such as low-carbon hydrogen (LCH) ~~may~~will play a role in the energy transition, ~~particularly in the short and medium term~~ to rapidly reduce emissions of existing fuels, and support the uptake of renewable fuels such as renewable hydrogen. In order to support the transition, it is necessary to establish a threshold for greenhouse gas emission reductions for low-carbon hydrogen and synthetic gaseous fuels. Such threshold should become more stringent for hydrogen produced in installations starting operations from 1 January 2031 to take into account technological developments and better stimulate the dynamic progress towards the reduction of greenhouse gas emissions from hydrogen production. The EU Energy System Integration strategy highlighted the need to deploy an EU–wide certification system to also cover low- carbon fuels with the aim to enable Member States to compare them with other decarbonisation options and consider them in their energy mix as a viable solution. In order to ensure that LCF have the same decarbonisation impact as compared to other renewable alternatives it is important that they are certified by applying a similar methodological approach based on a life cycle assessment of their total greenhouse gas (‘GHG’) emissions. This would allow deploying a comprehensive EU-wide certification system, covering the whole Union energy mix. Taking into consideration that LCF and LCH are not renewable fuels, their terminology and certification could not be included in the proposal for the revision of Directive (EU) 2018/2001 of the European Parliament and of the Council8 . Therefore, their inclusion in this Directive fills in this gap. _________________ 8 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

Amendment 134 #

Robert HAJŠEL, Romana JERKOVIĆ, Jens GEIER, Carlos ZORRINHO

Proposal for a directive
Recital 9

(9) In line with the EU Hydrogen Strategy, the priority for the EU is to develop renewable hydrogen produced using mainly wind and solar energy. Renewable hydrogen is the most compatible option with the EU’s climate neutrality and zero pollution goal in the long term and the most coherent with an integrated energy system. However, low- carbon fuels (LCFs) such as low-carbon hydrogen (LCH) may play a role in the energy transition, particularly in the short and medium term to rapidly reduce emissions of existing fuels, and support the uptake of renewable fuels such as renewable hydrogen. In order to support the transition, it is necessary to establish a threshold for greenhouse gas emission reductions for low-carbon hydrogen and synthetic gaseous fuels. Such threshold should become more stringent for hydrogen produced in installations starting operations from 1 January 203126 to take into account technological developments and better stimulate the dynamic progress towards the reduction of greenhouse gas emissions from hydrogen production. The EU Energy System Integration strategy highlighted the need to deploy an EU–wide certification system to also cover low- carbon fuels with the aim to enable Member States to compare them with other decarbonisation options and consider them in their energy mix as a viable solution. In order to ensure that LCF have the same decarbonisation impact as compared to other renewable alternatives it is important that they are certified by applying a similar methodological approach based on a life cycle assessment of their total greenhouse gas (‘GHG’) emissions. This would allow deploying a comprehensive EU-wide certification system, covering the whole Union energy mix. Taking into consideration that LCF and LCH are not renewable fuels, their terminology and certification could not be included in the proposal for the revision of Directive (EU) 2018/2001 of the European Parliament and of the Council8 . Therefore, their inclusion in this Directive fills in this gap. _________________ 8 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

Amendment 135 #

Proposal for a directive
Recital 9 a (new)

(9 a) The Union is not able to produce enough renewable and low-carbon hydrogen to meet its decarbonisation goals. Imports of renewable and low- carbon hydrogen are needed for the rapid availability of large quantities of hydrogen catering for the Union’s demand, especially from neighbouring countries and regions such as Norway, Ukraine, North Africa and the Middle East. The certification and life cycle assessment methodology of LCF should also apply to imports. This will ensure that partner countries can easily identify the requirements of the Union for LCF to be certified as such, ensure market confidence, and foster transparent imports of LCF. By developing such a methodology, the Union can also take a leading role in developing global standards for LCF certification and strengthen its role as a global climate leader, using its climate diplomacy to develop mutually beneficial cooperation with exporting partners.

Amendment 136 #

Proposal for a directive
Recital 9 a (new)

(9 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 137 #

Jerzy BUZEK, Markus PIEPER, Gheorghe FALCĂ, Hildegard BENTELE, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Recital 9 a (new)

(9 a) In line with the EU Hydrogen Strategy and REPowerEU Communication and Action Plan, setting an indicative greenhouse gas intensity reduction target for gas consumed in the Union will provide a clear investor framework and pathway for the upscaling of renewable and low carbon gases across the Union. It will provide predictability to customers, in particular in hard-to- decarbonise sectors, to make the necessary investments to transform their operations. It will also enabling different technologies to contribute towards the Union indicative target and the overall Union decarbonisation commitments on a level playing field.

Amendment 138 #

Proposal for a directive
Recital 9 a (new)

(9 a) In line with REPowerEU Plan the import of 10 million tons of renewable hydrogen in the Union by 31 December 2030 should be supported by the implementation of a Global European Hydrogen Facility based on a bidding process in order to enable the market ramp-up for renewable hydrogen, especially, in hard-to-decarbonise sectors with the highest greenhouse gas abatement potential. The bidding process should incentivise market-based efficient solutions and minimise the difference between procurement costs and resale revenues to be compensated with public funds.

Amendment 139 #

Christian EHLER, Cristian-Silviu BUŞOI, Jerzy BUZEK

Proposal for a directive
Recital 9 a (new)

(9 a) Notes that today, hydrogen is hardly exclusively used in chemistry, health and industry, that in the context of decarbonisation, hydrogen offers solutions as a storage tool and as a fuel; stresses that all these applications are very different in terms of quality, security, volume, pressure, transportation etc., and that this implies specific provisions according to the final use.

Amendment 140 #

Proposal for a directive
Recital 9 a (new)

(9 a) The establishment of European hydrogen infrastructure targets related to hydrogen corridors identified in the REPowerEU Plan, including hydrogen networks, hydrogen storage and hydrogen import terminals, will help meeting the REPowerEU Plan targets for hydrogen production and imports by 2030.

Amendment 141 #

Proposal for a directive
Recital 9 a (new)

(9 a) There is a need to define terms such as “hydrogen ready” or “future ready” for all relevant infrastructure given that these terms are used inter alia in EU funding programmes and the revised Climate and Energy state aid guidelines.

Amendment 142 #

Proposal for a directive
Recital 10

Amendment 143 #

Proposal for a directive
Recital 11

(11) Consumer interests should be at the heart of this Directive and quality of service should be a central responsibility of natural gas undertakings. Existing rights of consumers and rights for access to essential services, including energy, including the right to a secure, affordable and renewable-based energy supply, and safeguarding against energy poverty, as stated in the European Pillar of Social Rights communication need to be strengthened and guaranteed, and should include greater transparency. To this respect, any cross-subsidisation of hydrogen network through gas or electricity network tariffs shall not be allowed, as it puts the burden of the energy transition of the industry sector on gas or electricity users, including households, by increasing their gas or electricity bills, while they are not expected to use hydrogen in the future. Consumer protection should ensure that all consumers in the wider remit of the Union benefit from a competitive gas market. Consumer rights should be enforced by Member States or, where a Member State has so provided, the regulatory authorities.

Amendment 144 #

Proposal for a directive
Recital 11

(11) Consumer interests ~~should~~must be at the heart of this Directive and quality of service should be a central responsibility of natural gas undertakings. Existing rights of consumers and rights for access to essential services, including energy, and ~~safeguarding against~~tackling energy poverty, as stated in the European Pillar of Social Rights communication need to be strengthened and guaranteed, and should include greater transparency, particularly on prices. Consumer protection should ensure that all consumers in the wider remit of the Union benefit from a competitive gas market. Consumer rights should be enforced and applied by Member States or, where a Member State has so provided, the regulatory authorities.

Amendment 145 #

Proposal for a directive
Recital 12

(12) The European Pillar of Social Rights places energy among the essential services everyone shall have access to and calls for support measures for those in need (principle 20). UN Sustainable Development Goal number 7 (SDG7) also calls for ensuring access to affordable, reliable, sustainable and modern energy for all.deleted

Amendment 146 #

Proposal for a directive
Recital 12

(12) The European Pillar of Social Rights places good quality of energy among the essential services everyone shall have access to and calls for support measures for those in need (principle 20). UN Sustainable Development Goal number 7 (SDG7) also calls for ensuring access to affordable, reliable, sustainable and modern energy for all.

Amendment 147 #

Proposal for a directive
Recital 13

(13) PThe European Pillar of Social Rights places energy among the essential services everyone shall have access to and calls for support measures for those in need (principle 20). UN Sustainable Development Goal number 7 (SDG7) also calls for ensuring access to affordable, reliable, sustainable and modern energy for all. Thus, public service requirements and the common minimum standards that follow from them need to be further strengthened to make sure that all consumers, especially vulnerable ones, can benefit from competition and fair prices. The public service requirements should be defined at national level, taking into account national circumstances; Union law should, however, be respected by the Member States.

Amendment 148 #

Proposal for a directive
Recital 14

(14) Member States should have a wide discretion to impose public service obligations on gas undertakings in pursuing objectives of general economic interest. However, public service obligations in the form of price setting for the supply of natural gas constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits, the limitation of consumer choice, poorer incentives for energy saving and energy efficiency investments, lower standards of service, lower levels of consumer engagement and satisfaction, and the restriction of competition, as well as to there being fewer innovative products and services on the market. Consequentl, including the direct provision of service. In addition to price setting if necessary, Member States should apply other policy tools, in particular targeted social policy measures, to safeguard the affordability of natural gas supply to their citizens. Public interventions in price setting for the supply of natural gas should be carried out only as public service obligations and should be subject to specific conditions. A fully liberalised, well-functioning retail natural gas market would stimulate price and non-price competition among existing suppliers and provide incentives to new market entrants, thereby improving consumer choice and satisfaction.

Amendment 149 #

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

Proposal for a directive
Recital 14

(14) Member States should have a wide discretion to impose public service obligations on gas undertakings in case these are pursuing objectives of the energy and climate legislation, are aligned to the Member States national energy and climate plan objectives and its national targets especially regarding electrification, renewable energy expansion, energy efficiency improvements and emission reductions, as well as on general economic interest. However, public service obligations in the form of price setting for the supply of natural gas constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits, the limitation of consumer choice, poorer incentives for energy saving and energy efficiency investments, lower standards of service, lower levels of consumer engagement and satisfaction, and the restriction of competition, as well as to there being fewer innovative products and services on the market. Consequently, Member States should apply other policy tools, in particular targeted social policy measures, to safeguard the affordability of natural gas supply to their citizens. Public interventions in price setting for the supply of natural gas should be carried out only in the framework of exceptional circumstances, as public service obligations, and ~~should be~~be limited in time, while being subject to specific conditions. A fully liberalised, well-functioning retail natural gas market would stimulate price and non- price competition among existing suppliers and provide incentives to new market entrants, thereby improving consumer choice and satisfaction, as well as supporting the transition to an integrated, highly energy efficient and fully renewable based energy system according to the relevant Union targets, legislation and strategies. .

Amendment 150 #

Proposal for a directive
Recital 14

(14) Member States should ~~have~~ensure that household customers and, where Member States consider it to be appropriate, small enterprises, enjoy the right to be supplied with gas of a specified quality at clearly comparable, transparent and competitive prices. Member States should maintain a wide discretion to impose public service obligations on gas undertakings in pursuing objectives of general economic interest. However, public service obligations in the form of price setting for the supply of natural gas constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits, the limitation of consumer choice, poorer incentives for energy saving and energy efficiency investments, lower standards of service, lower levels of consumer engagement and satisfaction, and the restriction of competition, as well as to there being fewer innovative products and services on the market. Consequently, Member States should apply other policy tools, in particular targeted social policy measures, to safeguard the affordability of natural gas supply to their citizens. Public interventions in price setting for the supply of natural gas should be carried out only as public service obligations and should be subject to specific conditions. A fully liberalised, well-functioning retail natural gas market would stimulate price and non- price competition among existing suppliers and provide incentives to new market entrants, thereby improving consumer choice and satisfaction.

Amendment 151 #

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

Proposal for a directive
Recital 15

(15) Public service obligations in the form of price setting for the supply of natural gas should be used without overriding the principle of open markets in clearly defined circumstances and beneficiaries and should be limited in duration. Such circumstances might occur for example where supply is severely constrained, causing significantly higher gas prices than normal, or in the event of a market failure where interventions by regulatory authorities and competition authorities have proven to be ineffective. This would disproportionately affect households and, in particular, vulnerable customers who typically expend a higher share of their disposable income on energy bills compared to high-income consumers. In order to mitigate the distortive effects of public service obligations in price setting for the supply of natural gas, Member States applying such interventions should put in place additional measures, including measures to prevent distortions of price setting in the wholesale market. Member States should ensure that all beneficiaries of regulated prices are able to benefit fully from the offers available on the competitive market when they choose to do so. To that end, they should be directly and regularly informed of the offers and savings available on the competitive market, and should be provided with assistance to respond to and benefit from market-based offers.

Amendment 152 #

Proposal for a directive
Recital 15

(15) Public service obligations in the form of price setting for the supply of natural gas should be used only in exceptional circumstances without overriding the principle of open markets in clearly defined circumstances ~~and beneficiaries and~~, should be limited in duration and be targeted only to those in need. In order to mitigate the distortive effects of public service obligations in price setting for the supply of natural gas, Member States applying such interventions should put in place additional measures, including measures to prevent distortions of price setting in the wholesale market. Member States should ensure that all beneficiaries of regulated prices are able to benefit fully from the offers available on the competitive market when they choose to do so. To that end, they should be directly and regularly informed of the offers and savings available on the competitive market, and should be provided with assistance to respond to and benefit from market-based offers.

Amendment 153 #

Proposal for a directive
Recital 16

(16) Public interventions in price setting for the supply of natural gas should not lead to direct cross-subsidisation between different categories of customers or between different heat supply sources, nor undermine the price signal for industry actors needed for decarbonisation, in particular whilst free allowances still persist in the ETS sector. According to that principle, price systems must not explicitly make certain categories of customer bear the cost of price interventions that affect other categories of customer.

Amendment 154 #

Proposal for a directive
Recital 18

(18) Member States should take into account the fact that the successful ecological transition requires enhanced investment in education, training and skills for workers in the ~~gas industry, including in relation to infrastructure development~~energy sector, including gas industry, and related value chains, as well as in relation to infrastructure development and renewable energy roll out such as heat pump deployment and other renewables thermal sources. Such mention would be in line with the proposal for a revision of EED (2021/0203 (COD) and RED (2018/0201(COD)) as well as the REPower EU initiatives.

Amendment 155 #

(18) Member States should take into account the fact that the successful transition requires enhanced investment in education and skills for workers in the gas industry, including in relation to infrastructure development. Such mention would be in line with the proposal for a revision of EED (2021/0203 (COD). Social partners must play a key role in this process.

Amendment 156 #

Proposal for a directive
Recital 19

(19) Market rules should protect and empower customers to make ~~low carbon~~energy efficient and renewable choices, in order for new renewable ~~and low carbon gases to be fully embedded in the energy transition~~gases to be steered to those applications where no other more energy efficient renewable-based solution exist. There is for example no financial or environmental benefit in supplying hydrogen to individual heating appliances and such uses should therefore not be encouraged as a general principle.

Amendment 157 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ, Bart GROOTHUIS, Andreas GLÜCK

(20) ~~Natural gas still plays a key role in energy supply, as~~Currently, household energy consumption from ~~natura~~fossil gas is still higher than from electricity. ~~Although electrification is a key element of the green transition, in the future there will still be household natural gas consumption including increasing volumes of renewable gas~~High levels of renewable based electrification wherever is technically feasible is a key element of the green transition, as it is a more energy efficient and sustainable alternative to burning gases, including renewable one, for heat purposes. Therefore, it is necessary to introduce a gas switch mandate at national level.

Amendment 158 #

Proposal for a directive
Recital 20

Amendment 159 #

Proposal for a directive
Recital 20

Amendment 160 #

Proposal for a directive
Recital 20

(20) Natural gas still plays a key role in energy supply, as household energy consumption from natural gas is still higher than from electricity. Although electrification is a key element of the green transition, in the future there will still be household ~~natural gas consumption including increasing volumes of renewable gas~~consumption of natural gas increasingly replaced by biomethane.

Amendment 161 #

(21) As the natural gas sector, including the natural gas retail market was not part of the Clean Energy for all Europeans Package, the related provisions on infrastructure planning and investments, consumer engagement and protection have not been adapted to the needs of the energy transition, which corresponds instead to the situation of over a decade ago when the Third Energy Package was adopted.

Amendment 162 #

Proposal for a directive
Recital 22

(22) The natural gas market witnesses exceptional circumstances leading to high prices which are expected to remain rather high also in the years to come, poor customer satisfaction and engagement as well as slow uptake of new renewable ~~and low-carbon gase~~gases and other renewables thermal options, which all reflect limited competition in many Member States as well as an unfavourable regulatory environment for electrification and thermal renewables uptake. Unlike falling prices in wholesale markets, natural gas prices for household customers rose in the last decade resulting in household consumers paying two or three times more for their natural gas consumption than industrial customers, even before Russian invasion of Ukraine. The Agency, as well as national regulatory authorities should continue to investigate for any market manipulations and distortions, and be empowered to cap margins and profits in the gas sector. Member States should tax windfall profits harvested by energy companies during those exceptional circumstances and use them for measures to reduce gas consumptions, including on energy efficiency or gas switch.

Amendment 163 #

Nicolás GONZÁLEZ CASARES, Lina GÁLVEZ MUÑOZ, Carlos ZORRINHO, Robert HAJŠEL, Adriana MALDONADO LÓPEZ

Proposal for a directive
Recital 22

(22) The natural gas market witnesses poor customer satisfaction and engagement as well as slow uptake of new renewable and low-carbon gases, which all reflect limited competition in many Member States. Unlike falling prices in wholesale markets, natural gas prices for household customers rose in the last decade resulting in household consumers paying two or three times more for their natural gas consumption than industrial customers. This denotes structural market failure, closely linked to lack of transparency on price creation, and reinforces the need of public control.

Amendment 164 #

Proposal for a directive
Recital 22

(22) The natural gas market witnesses poor customer satisfaction and engagement as well as slow uptake of new renewable and low-carbon gases, which all reflect limited competition in many Member States. ~~Unlike falling prices in wholesale markets, n~~Natural gas prices for household customers rose in the last decade resulting in household consumers paying two or three times more for their natural gas consumption than industrial customers.

Amendment 165 #

Proposal for a directive
Recital 23

(23) As in the electricity sector, market flexibilities and an adequate Union consumer rights’ legal framework in the natural gas sector are essential to ensure that c~~onsumers can participate in the energy transition~~ itizens cand benefit from affordable prices, good standards of service, and effective choice of offers mirroring sustainable technological developments. Unlike in the electricity sector the main focus of consumer regulation for the gas market should be on protection from rising tariffs during the phase out of fossil fuel assets, protection from cross subsidisation between gas and hydrogen users, rising gas tariffs with a shrinking customer base. Most households will not be using gaseous fuels in the future, but will either be electrified, supplied by district heating or be heating with a heat pump or other thermal renewables.

Amendment 166 #

Proposal for a directive
Recital 23

(23) As recent experience in the electricity sector~~, market flexibilities and an~~ has demonstrated, adequate Union consumer rights’ legal framework in the natural gas sector are also essential and must be reinforced to ensure that consumers can participate in the energy transition and benefit from affordable prices, good standards of service, and effective choice of offers mirroring technological developments, all of which is not at all warranted.

Amendment 167 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Recital 24

(24) The switch from fossil gas to renewable alternatives ~~will concretise if energy from renewable sources become~~is an attractive, non- discriminatory choice for consumers based on truly transparent information where the transition costs are fairly distributed among different groups of consumers and market players. and whose benefits are reap especially at local level. However, unlike in the electricity sector, switching from gas to other renewable technologies, mostly not gaseous, is usually not as easy due to the lock-in effect related to the underpinning infrastructure. The Directive should therefore strive for creating a level playing field among different heat sources, and give better space for sustainable renewables ones.

Amendment 168 #

Proposal for a directive
Recital 24

(24) The switch from fossil gas to renewable alternatives will concretise if energy from renewable sources becomes an attractive, non-discriminatory choice for consumers based on truly transparent information where the transition costs are fairly distributed among different groups of consumers and market players. Where final customers are required to switch fuels, it should be accompanied by measures that reduce adverse effects on final customers, especially vulnerable customers and people affected by or at risk of energy poverty, as well as measures that mitigate and resolve inequalities resulting from the energy transition.

Amendment 169 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ, Bart GROOTHUIS, Andreas GLÜCK

Proposal for a directive
Recital 24

(24) The switch from fossil gas to renewable alternatives will concretise if energy from renewable sources becomes an attractive, non-discriminatory choice for consumers based on truly transparent information where the transition costs are fairly distributed among different groups of consumers and market players. Fuels switch should be accompanied by measures aimed to remove adverse effects on final consumers, in particular people affected by or at risk of energy poverty.

Amendment 170 #

Proposal for a directive
Recital 24

(24) The switch from fossil gas to renewable and low-carbon alternatives will concretise if energy from renewable and low-carbon sources becomes an attractive, non-discriminatory choice for consumers based on truly transparent information where the transition costs are fairly distributed among different groups of consumers and market players.

Amendment 171 #

Proposal for a directive
Recital 24

(24) The switch from fossil gas to renewable or low carbon alternatives will concretise if ~~energy from renewabl~~these sources becomes an attractive, non-discriminatory choice for consumers based on truly transparent information where the transition costs are fairly distributed among different groups of consumers and market players.

Amendment 172 #

Proposal for a directive
Recital 25

(25) To address the current gaps in the retail gas market, it is necessary ~~to tackle the existing competition and technical barriers to the emergence of new services,~~stronger public control to ensure better levels of service, and lower consumer prices, whilst ensuring the protection of energy poor and vulnerable consumers.

Amendment 173 #

Proposal for a directive
Recital 25

(25) ~~To address the current gaps in the retail gas market, i~~It is necessary to tackle the existing competition and technical barriers to the emergence of alternative, renewable based energy supply, new services, better levels of service, and lower consumer prices, whilst ensuring the protection of energy poor and vulnerable consumers.

Amendment 174 #

Proposal for a directive
Recital 26

(26) In order to ensure a high level of consumer protection and empowerment consistently across energy sectors, the legislative framework in the decarbonised gas market legislation should reflect the electricity market customer protection and where relevant its empowerment provisions.deleted

Amendment 175 #

Proposal for a directive
Recital 26

(26) In order to ensure a high level of consumer protection and empowerment consistently across energy sectors, the legislative framework in the decarbonised gas market legislation should reflect an energy system perspective, the Union's objectives on security of supply, energy efficiency and renewable energy and consider the electricity market customer protection and where relevant its empowerment provisions.

Amendment 176 #

Proposal for a directive
Recital 27

(27) To be coherent and effective, this mirroring approach should be encompass all consumer protection and empowerment provisions, whenever feasible and adaptable to the gas market. This should go from basic contractual rights to rules for billing information, switching energy provider, having at disposal reliable comparison tools, protecting vulnerable and energy poor consumers, ensuring adequate data protection for any smart meters and data management, and efficient alternative dispute resolution rules.

Amendment 177 #

Proposal for a directive
Recital 28

(28) In pursuing the consistency of provisions across sectors, burdens for national administrations and businesses should be limited and proportionate by also building on the experience with the Clean Energy for All Europeans Package.deleted

Amendment 178 #

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

Proposal for a directive
Recital 29

(29) The ~~modernis~~integration of ~~the gas sector~~renewable gases into the natural gas system is expected to lead to ~~substantia~~improved retail eco~~nomic benefits in terms of both improved retail competition and its social and distributional benefits and customer empowerment, including stre~~mpetition, , strengthened contractual rights and better available information on consumption and energy sources leading to greener choices, which also include uptaking energy efficiency measures and switching from gas to other more sustainable and energy efficient renewable energy sources. Acknowledging the~~ned contractual rights and better available information on consumption and energy sources leading to greener choices. Energy communities-of-interest should contribute to~~ need to produce biomethane respecting the strictest sustainability criteria, environmental standards, such as prevention of methane leakage, avoidance of food security issues, local biomethane production and supply may lead to economic benefits at the local level, in particular for the agricultural sector, and household and non-household customers located in the proximity of production areas. As an organizational concept aimed to drive social innovation, Renewable energy communities could play a role in the uptake of sustainable renewable gas.

Amendment 179 #

Proposal for a directive
Recital 29

(29) The modernisation of the gas sector is expected to lead to substantial economic and enviromental benefits in terms of both improved retail competition and its social and distributional benefits and customer empowerment, including strengthened contractual rights and better available information on consumption and energy sources leading to greener choices. Energy communities-of-interest should contribute to the uptake of renewable gas.

Amendment 180 #

Proposal for a directive
Recital 30

(30) Switching is an important indicator of consumer engagement as well as in important tool to boost competition on the natural gas market. Switching rates remain inconsistent among Member States and consumers are discouraged from switching by exit and termination fees. Although removing such fees might limit consumer choice by eliminating products based on rewarding consumer loyalty, restricting their use further should improve consumer welfare, consumer engagement and competition in the market. Current oligopolistic market structure in many countries is very far from consumers' interest.

Amendment 181 #

Claudia GAMON, Martin HOJSÍK, Christophe GRUDLER, Klemen GROŠELJ, Emma WIESNER

Proposal for a directive
Recital 34

(34) ~~Final customers should~~In some cases, final customers, for example in the agricultural or municipal sector, who produce biogas as a by- product of their main economic activity, also be able to consume, to store and to sell self- generated renewable gas ~~and~~. To the extent that they are able to undertake these activities, respecting environmental standards, including around methane leakage, these customers should be able to participate in all natural gas markets, including local supply, by providing ancillary services to the system~~, for instance through energy storage. Member States should be able to have different provisions in their national law with respect to taxes and levies for individual and jointly-acting active~~ and energy storage. Such collective arrangements between active customers can provide opportunities for service providers and local businesses, in particular SMEs, to contribute to local system balancing and flexibility. Member States should be able to have different provisions in their national law with respect to taxes and levies for individual and jointly-acting active customers, while ensuring they contribute fairly to applicable taxes and levies, particularly for maintaining the grid and that there are no shifting of costs to non- participating customers such as final households and SME customers.

Amendment 182 #

Proposal for a directive
Recital 34

(34) FIn some instances, final customers ~~should also~~may be able to consume, to store and to sell self- generated renewable gas ~~and~~. To the extent that they are able to undertake these activities, these customers should be able to participate in all natural gas markets byincluding local supply, providing ancillary services to the system~~, for instance through~~ and energy storage. Member States should be able to have different provisions in their national law with respect to taxes and levies for individual and jointly-acting active customers.

Amendment 183 #

Proposal for a directive
Recital 34

(34) Final customers should also be able to consume, to store and to sell self- generated renewable or low carbon gas and participate in all natural gas markets by providing ancillary services to the system, for instance through energy storage. Member States should be able to have different provisions in their national law with respect to taxes and levies for individual and jointly-acting active customers.

Amendment 184 #

Proposal for a directive
Recital 34 a (new)

(34 a) While recognizing the role that renewable gases can play in partially replacing fossil gas, potential environmental and social drawbacks to incentivizing integration of biomethane must be acknowledged. Given the comparative cost of upgrading biogas into biomethane is higher than for other uses, such as electricity and heat production, biomethane should be prioritized for hard-to-abate industrial uses. Member States should ensure that national support for biomethane does not create perverse incentives that further drive unsustainable land use practices or energy crops, which contribute to food insecurity.

Amendment 185 #

Proposal for a directive
Recital 35

Amendment 186 #

Claudia GAMON, Martin HOJSÍK, Christophe GRUDLER, Klemen GROŠELJ, Emma WIESNER

Proposal for a directive
Recital 35

(35) Recognising the role they can play in decarbonizing the energy system, certain categories of citizen energy initiatives should be recognised in the natural gas market at the Union level as ‘citizen energy communities’. These communities should facilitatenewable energy communities, pursuant to Directive (EU) 2018/2001 can contribute to the production, storage and supply of renewable gas. In particular, renewable energy communities can help contribute to the development of a local circular economy, particularly in rural regions. Renewable energy communities can also help consumers with the usptake of renewable gas in the natural gas system. In order to provide them with an enabling framework, fair treatment, a level playing field and a well-defined catalogue of rights and obligations should be laid down which generally reflects the membership structure, governoffers, providing an alternative to fossil gas. Integration of biomethane into the natural gas system should be pursued in a way that prevents the lock-in of natural fossil gas, respects environmental protection, sustainability, and properly weighs other potential impacts, for instance relating to food security. While market rules need to provide a level playing field for renewable gases, the commoditization of biomethance ~~requirements and purpose of citizen energy communities in Directive (EU) 2019/944~~should be avoided, and caution should be used to ensure it is not over-supported by Member States.

Amendment 187 #

Proposal for a directive
Recital 35

(35) Recognising the role they can play in decarbonizing the energy system, certain categories of citizen energy initiatives should be recognised in the natural gas market at the Union level as ‘citizen energy communities’. These communities should facilitate the use of renewable gas in the natural gas system. In order to provide them winewable energy communities, pursuant to Directive (EU) 2018/2001, and citizen energy communities, under Directive (EU) 2019/944, can contribute to the production, storage and supply of renewable gas, helping to decarbonize the energy system. In particular, renewable energy communities can help contribute to the development of a local circular economy, particularly in rural regions. Where strict environmental standards, for instance to prevent meth an ~~enabling framework, fair treatment, a level playing field~~ e leakage, are respected, citizen energy communities cand a well-defined catalogue of rights and obligations should be laid down which generally reflects the membership structure, governance requirements and purpose of citizen energy communities in Directive (EU) 2019/944lso help consumers located further away from biogas production with the uptake of cleaner renewable gas offers. There is a need to provide a level playing field so that renewable gases, can be integrated into the natural gas system.

Amendment 188 #

Robert HAJŠEL, Jens GEIER, Romana JERKOVIĆ, Carlos ZORRINHO

Proposal for a directive
Recital 35

Amendment 189 #

Proposal for a directive
Recital 36

Amendment 190 #

Claudia GAMON, Martin HOJSÍK, Christophe GRUDLER, Klemen GROŠELJ

(36) ~~The provisions on citizen energy communities do not preclude the existenc~~Due to the concentrated nature of other citizen initiatives such as Renewable Energy Communities in Directive (EU) 2018/2001 or those stemming from private law agreements. Membership of citizen energy communities should be open to all categories of entities. However natural gas sector, and to prevent corporate capture, the decision-making powers within ~~a citizen~~renewable energy communityies should be limited to those members or shareholders that are not engaged in large-scale commercial activity and for which the energy sector does not constitute a primary area of economic activity. T~~his me~~o avoid abuse ansd that citizen energy communities and individual members or shareholders need to be financially and economically independent from entities engaged in such activities, notwithstanding the possibility for citizen energy communities to delegate the management of tho ensure broad participation, renewable energy communities should be capable of remaining autonomous from individual members and other traditional market actors that participate in the community as members or shareholders, or who cooperate through other means such as investment. This means that renewable energy communities and individual members or shareholders need to be fin~~stallations required for their activities, including installation, operation, data handling and maintenance.~~ancially and economically independent from entities engaged in activities related to the energy community,

Amendment 191 #

Proposal for a directive
Recital 36

(36) ~~The provisions on citizen energy communities do not preclude the existenc~~Due to the concentrated nature of other citizen initiatives such as Renewable Energy Communities in Directive (EU) 2018/2001 or those stemming from private law agreements. Membership of citizen energy communities should be open to all categories of entities. However natural gas sector, and to prevent corporate capture, the decision-making powers within arenewable energy communities and citizen energy communityies should be limited to those members or shareholders that are not engaged in large-scale commercial activity and for which the energy sector does not constitute a primary area of economic activity. T~~his me~~o avoid abuse ansd that citizen energy communities and individual members or shareholders need to be financially and economically independent from entities engaged in such activities, notwithstanding the possibility for citizen energy communities to delegate the management of tho ensure broad participation, renewable energy communities and citizen energy communities with activities in renewable gas should be capable of remaining autonomous from individual members and other traditional market actors that participate in the community as members or shareholders, or who cooperate through other means such as investment. This means that energy communities and individual members or shareholders need to be fin~~stallations required for their activities, including installation, operation, data handling and maintenance~~ancially and economically independent from entities engaged in activities related to the energy community.

Amendment 192 #

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

Proposal for a directive
Recital 37

(37) Bills and billing information are an important means to inform and empower final customers. Energy bills remain the most common consumer concern and source of consumer complaints, a factor that contributes to the persistently low levels of consumer satisfaction and engagement in the gas sector. Provisions for billing information in the gas sector also lag behind rights granted to consumers in the electricity sector. It is therefore necessary to align them and to set minimum requirements for bills and billing information in the gas sector, so that consumers have access to transparent, easy to understand information. Bills should convey information to the final consumers on their consumption and costs, thus facilitating comparison between offers and switching supplier, as well as information on their consumer rights (such as on alternative dispute resolution). In addition, bills should be a tool to actively engage consumers in the market, so that consumers can manage their consumption patterns and make greener choices. It is important to provide comprehensive and accurate information to consumers to ensure they are aware of their environmental impact and, thus, consumers can express their preference for the most sustainable energy carriers.

Amendment 193 #

Proposal for a directive
Recital 37

(37) Bills and billing information are an important means to inform and empower final customers. Energy bills remain the most common consumer concern and source of consumer complaints, a factor that contributes to the persistently low levels of consumer satisfaction and engagement in the gas sector. Provisions for billing information in the gas sector also lag behind rights granted to consumers in the electricity sector. It is therefore necessary to align them and to set minimum requirements for bills and billing information in the gas sector, so that consumers have access to transparent, complete, easy to understand information. Bills should convey information to the final consumers on their consumption and costs, greenhouse gas emission intensity, type of energy, its share and quantity, thus facilitating comparison between offers and switching supplier or energy sources, as well as information on their consumer rights (such as on alternative dispute resolution). In addition, bills should be a tool to actively engage consumers in the market, so that consumers can manage their consumption patterns and make greener choices.

Amendment 194 #

Proposal for a directive
Recital 38

(38) The regular provision of accurate billing information based on actual gas consumption~~, facilitated by smart metering,~~ is important to help customers to control their gas consumption and costs. Nevertheless, customers, in particular household customers, should have access to flexible arrangements for the actual payment of their bills.

Amendment 195 #

Proposal for a directive
Recital 40

(40) ~~When d~~Deciding at national level on the deployment of natural gas smart metering systems~~, it should be possible to base such decision on an economic ass~~ for industrial customers, should dependent on a positive cost-benefit assessment, to avoid stranded invesstments for customers. That economic assessment should take into account the long-term benefits of the deployment of smart metering systems to industrial consumers and the whole value chain, and assesses industrial consumers’ benefits arising from the use of smart meters and signing up for smart meter-enabled offers. Should that assessment conclude that the introduction of such metering systems is economically reasonable and cost-effective only for industrial consumers with a certain amount of natural gas consumption, Member States should be able to take this into account when proceeding with deployment . However, such assessments should be reviewed regularly in response to significant changes in the underlying assumptions, or at least every four years, given the fast pace of technological developments.

Amendment 196 #

Proposal for a directive
Recital 41

(41) In order to assist final customers’ active participation in the market, the smart metering systems tohat could be deployed should, after a positive cost-benefit assessment, have due regard to the use of relevant available standards, including those enabling interoperability on the level of the data model and the application layer, to best practices and the importance of the development of data exchange, to future and innovative energy services. Moreover, the smart metering systems that are deployed should not represent a barrier to switching supplier in the case of natural gas consumers, and should be equipped with fit-for-purpose functionalities that allow final customers to have timely access to their consumption data, to modulate their energy behaviour, be rewarded for it, and obtain savings in their bills.

Amendment 197 #

Proposal for a directive
Recital 41

(41) In order to assist final industrial customers’ active participation in the market, the smart metering systems to be deployed should have due regard to the use of relevant available standards, including those enabling interoperability on the level of the data model and the application layer, to best practices and the importance of the development of data exchange, to future and innovative energy services. Moreover, the smart metering systems that are deployed should not represent a barrier to switching supplier in the case of natural gas consumers, and should be equipped with fit-for-purpose functionalities that allow final industrial customers to have timely access to their consumption data, to modulate their energy behaviour, be rewarded for it, and obtain savings in their bills.

Amendment 198 #

Proposal for a directive
Recital 42

(42) Member States that do not systematically deploy smart metering in the natural gas system should allow consumers to benefit from the installation of a smart meter, upon request and under fair and reasonable conditions, and should provide them with all the relevant information.deleted

Amendment 199 #

Proposal for a directive
Recital 45

(45) Member States should take appropriate measures, such as providing benefits by means of their social security systems, to ensure the necessary supply to vulnerable customers, or providing for support for energy efficiency improvements, toincluding building renovations, and renewable energy deployment, to sustainably address energy poverty where identified pursuant to Article 3(3), point (d) of Regulation (EU) 2018/1999 of the European Parliament and of the Council9 , and Directive ... [the Energy Efficiency Directive - recast of the directive on energy efficiency 2021/0203 (COD)]including in the broader context of poverty. Such measures could differ according to the particular circumstances in the Member States in question and could include social or energy policy measures relating to the payment of gas bills, to investment in the energy efficiency of residential buildings, or to consumer protection such as disconnection safeguards. _________________ 9 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).

Amendment 200 #

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

Proposal for a directive
Recital 45

(45) Member States ~~should~~will take appropriate measures, such as providing benefits by means of their social security systems, to ensure the necessary supply to vulnerable customers, or providing for support for energy efficiency improvements, to address energy poverty where identified pursuant to Article 3(3), point (d) of Regulation (EU) 2018/1999 of the European Parliament and of the Council9 , including in the broader context of poverty. Such measures could differ according to the particular circumstances in the Member States in question and could include social or energy policy measures relating to the payment of gas bills, to investment in the energy efficiency of residential buildings~~, or to consumer protection such as disconnection safeguards~~. As energy should be considered a universal right, disconnection because of lack of payment must be banned. _________________ 9 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).

Amendment 201 #

Proposal for a directive
Recital 45

(45) Member States should take appropriate measures, such as providing benefits by means of their social security systems, to ensure the necessary supply to vulnerable customers, or providing for support for energy efficiency improvements, to address energy poverty where identified pursuant to Article 3(3), point (d) of Regulation (EU) 2018/1999 of the European Parliament and of the Council9 , including in the broader context of poverty. Such measures could differ according to the particular circumstances in the Member States in question and cshould include social or energy policy measures relating to the payment of gas bills, to investment in the energy efficiency of residential buildings, or to consumer protection such as disconnection safeguards. _________________ 9 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).

Amendment 202 #

Proposal for a directive
Recital 46

(46) Pursuant to Regulation (EU) 2018/1999 and Directive (EU) 2019/944 of the European Parliament and of the Council10 , the Commission provided indicative guidance11 on appropriate indicators for measuring energy poverty and defining a ‘significant number of households in energy poverty’ and Directive ...[the Energy Efficiency Directive - recast of the directive on energy efficiency 2021/0203 (COD)],) provides for clear set definition and back up set of criteria in case Member States fail to define energy poverty according to relevant legislation. _________________ 10 Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125). 11 Commission Recommendation of 14.10.2020 on energy poverty, C(2020) 9600 final

Amendment 203 #

(47) The simplification and streamlining of administrative permit granting processes and clear time limits for decisions to be taken by the authorities competent for issuing an authorisation should ensure that the deployment of hydrogen production facilities and hydrogen system infrastructure can occur at an adequate pace. Member States should be requested to report on progress made. Grandfathering of authorisations (such as licences, permissions, concessions or approvals), granted under national law for the construction and operation of existing natural gas pipelines and other network assets, is needed once the transported gaseous energy carrier in a gas pipeline changes from natural gas to (pure) hydrogen. This should prevent undue delay in repurposing existing natural gas pipelines, while ensuring that the local authorities and citizens are involved at the earliest stage of planning and otheir networks assets for hydrogen transport. It should be avoided that conditions for granting authorisations for hydrogen system infrastructure are materially different unless sufficiently justified. Technical safety considerations might justify a differentiated approach in grandfathering existing or issuing new authorisationsviews taken into account. Member States should be requested to report on progress made. The provisions on authorisation procedures should apply without prejudice to international and Union law, including provisions to protect the environment, biodiversity and human health, and with regard to ensuring minimisation of methane and hydrogen leakage. Where duly justified on the grounds of extraordinary circumstances, it should be possible to extend the time limits for authorisation procedures by up to one year.

Amendment 204 #

Proposal for a directive
Recital 55

(55) In contrast, with regard to the hydrogen sector, the emergence of vertically integrated undertakings could be avoided in the first place by setting clear up-front rules. This is preferable over costly ex-post unbundling requirements that would take time to implement.deleted

Amendment 205 #

Proposal for a directive
Recital 66

(66) Pipeline networks for hydrogen ~~should~~will not constitute in the short term an important means of efficient and sustainable transport for hydrogen, both onshore and offshore. As a result of the high capital expenditure required for their construction, hydrogen pipeline networks could constitute natural monopolies. Experience with the regulation of natural gas markets has shown the importance of ensuring open and non-discriminatory access to pipeline networks with a view to safeguarding competition on commodity markets. Therefore, well-established principles of network operation, such as third-party access, should be applicable to onshore and offshas it is expected that most renewable hydrogen will be traded in hydrogen derivatives such as ammonia, synthetic hydrocarbons, interim products for steel etc. and co-located with electrolysis. Therefore integrated net zero infrastructure planning by public authorities based on future use and production locations fore hydrogen ~~networks in the Union~~shall precede any decision to invest in such pipelines.

Amendment 206 #

Proposal for a directive
Recital 66

(66) Pipeline networks for hydrogen should constitute an important means of efficient and sustainable transport for hydrogen, both onshore and offshore. As a result of the high capital expenditure required for their construction, hydrogen pipeline networks could constitute natural monopolies, also under public control. Experience with the regulation of natural gas markets has shown the importance of ensuring open and non- discriminatory access to pipeline networks with a view to safeguarding competition on commodity markets. Therefore, well- established principles of network operation, such as third-party access, should be applicable to onshore and offshore hydrogen networks in the Union.

Amendment 207 #

Proposal for a directive
Recital 67

(67) The operation of hydrogen networks should be separated from activities of energy production and supply in order to avoid the risk of conflicts of interest on behalf of the network operators. The ~~structura~~full separation of ownership of hydrogen networks and ownership or control of undertakings participati~~ons~~ng in energy production and supply guarantees the absence of such conflicts of interest. Member States should be able to ~~rely on the alternative unbundling model of “~~allow the use of the “independent hydrogen network operator” model to allow vertically integrated owners of hydrogen network ~~operator” until 2030 to provide a transitional period for existing vertically integrated hydrogen networks. Member Stat~~s to retain ownership of their networks while ensuring the non-discriminatory operation of such networks after 2030. Given the risk that conflicts of interest between gas and hydrogen activities shcould ~~also be able to allow the use of the “independent hydrogen network operator” model to allow vertically integrated owners of hydrogen networks to retain ownership of~~lead to the build-out of more hydrogen networks than what is needed to serve only priority, hard-to-abate industrial sectors (thus also contributing to lock-in in the event there is not enough hydrogen in the future to serve the end users connected to their networks ~~while ensuring the non- discriminatory operation of such networks after 2030~~), it is prudent to ensure full vertical ownership unbundling for hydrogen networks from the very beginning.

Amendment 208 #

Proposal for a directive
Recital 67

Amendment 209 #

Proposal for a directive
Recital 67

Amendment 210 #

Proposal for a directive
Recital 67

Amendment 211 #

Amendment 212 #

Proposal for a directive
Recital 68

(68) Whereas the joint operation of hydrogen networks and gas or electricity grids can create synergies and should thus be allowed, activities of hydrogen network operation should be organised in a separate legal entity in order to ensure transparency regarding financing and the use of access tariffs.deleted

Amendment 213 #

Proposal for a directive
Recital 68

(68) Whereas the joint operation of hydrogen networks and gas or electricity grids can create synergies and should thus be allowed, activities of hydrogen network operation should be organised in a separate ~~legal entity~~accounts in order to ensure transparency regarding financing and the use of access tariffs.

Amendment 214 #

Proposal for a directive
Recital 69

(69) The operation of hydrogen networks should be separated from the activities of energy production and supply in order to avoid the risk of conflicts of interest on behalf of the network operators. The structural separation of ownership of hydrogen networks and participation in energy production and supplies should guarantee the absence of such conflicts of interest. Member States should be able to rely on the alternative unbundling model of integrated hydrogen network operator until 2030 to provide a transitional period for existing vertically integrated hydrogen networks. Member States should also be able to offer the use of an independent hydrogen network operator to allow vertically integrated owners of hydrogen networks to retain ownership of their networks while ensuring the non-discriminatory operation of such networks after 2030.deleted

Amendment 215 #

Proposal for a directive
Recital 69

Amendment 216 #

Proposal for a directive
Recital 69

Amendment 217 #

Proposal for a directive
Recital 70

(70) In order to avoid conflict of interests and ensure transparency with regard to the costs and financing of regulated activities, ~~activities of~~the ownership and control of undertakings engaged in hydrogen network operation should be fully separated from the ownership and control of undertakings engaged in other network operation activities for other energy carriers ~~at least in relation to the legal form and accounts of network operators.~~

Amendment 218 #

Proposal for a directive
Recital 70

(70) In order to ensure transparency with regard to the costs and financing of regulated activities, activities of hydrogen network operation should be separated from other network operation activities for other energy carriers ~~at least~~ in relation to the ~~legal form and~~ accounts of network operators.

Amendment 219 #

Proposal for a directive
Recital 71

(71) Hydrogen networks sh~~ould be subject to~~all provide third-party access in order to ensure competition and a level playing field in the market for hydrogen supply. Regulated third-party access on the basis of regulated access tariffs should be the default rule in the long-term. In order to ensure the necessary flexibility for operators and to reduce administrative costs during the ramp-up phase of the hydrogen market, Member States should have the option to allow the use of negotiated third-party access until 2030from the outset.

Amendment 220 #

Proposal for a directive
Recital 72

(72) The availability of large-scale underground hydrogen storage facilities is limited and distributed unevenly across Member States. In view of the risks and of the potentially beneficial role for the functioning of hydrogen transport and markets, the access to such large-scale underground storages should be subject to regulated third party access in order to ensure a level playing field for market participants and the highest safety level.

Amendment 221 #

Proposal for a directive
Recital 72

(72) The availability of large-scale underground hydrogen storage facilities is at this point not existent and it will be limited and distributed unevenly across Member States. In view of the potentially beneficial role for the functioning of hydrogen transport and markets, the access to such large-scale underground storages should be subject to regulated third party access in order to ensure a level playing field for market participants.

Amendment 222 #

Proposal for a directive
Recital 75

(75) ~~Localised~~Renewable hydrogen ~~clusters should be an important building block of the European hydrogen economy. S~~uses will be occurring in localised clusters, in the form of closed networks, and steered towards priority users and applications. Therefore only such cl~~uster~~osed hydrogen networks could benefit from simplified regulatory requirements ~~during the ramp- up phase of the hydrogen market~~as any generalised rules would disadvantage competing options such as electrification.

Amendment 223 #

Proposal for a directive
Recital 76

(76) Pipeline interconnect~~ors with third countries can serv~~ion are of limited relevance for the initial phases of the renewable hydrogen market. In fact, in the first phase, renewable hydrogen is expected to be transported and traded in the form of hydrogen products such as ammonia, synthetic hydrocarbons, feedstocks for industrial uses (steel, chemicals etc) as well as by trucks if produced in rural areas. Therefore, pipeline interconnectors with third countries could eventually serve only in the future as a means of transport for imports or exports of hydrogen. The operating rules for such hydrogen interconnectors with third countries and rules on the certification of renewable and low-carbon hydrogen, should be enshrined in an intergovernmental agreement to ensure a coherent regulatory framework and its consistent application for the entire infrastructure.

Amendment 224 #

Proposal for a directive
Recital 77

(77) To ensure ~~the efficient operation of the European hydrogen networks, hydrogen network~~cost effective infrastructure rollout and to avoid stranded assets, the Agency, at European level, and regulators at national level shall be responsible for net zero infrastructure planning combining electricity, hydrogen, gas, heat and transport systems. System operators ~~should b~~are responsible for the operation, maintenance and development of the ~~hydrogen transport~~ network in close cooperation with other ~~hydrogen~~ network operators ~~as well as with other system operators~~ to which their networks are or can be connected with, including to facilitate energy system integration.

Amendment 225 #

Proposal for a directive
Recital 78

(78) Hydrogen, gas and electricity network operators should be tasked with building ~~sufficient cross- border~~only the capacity ~~for~~that the ~~transportation of hydrogen accommodating all economically reasonable and technically feasible demands for such capacity, thereby enabling market integration~~regulator has identified as necessary in the net zero infrastructure planning.

Amendment 226 #

Proposal for a directive
Recital 78 a (new)

(78 a) Member States should introduce technical and financial support for distribution grid operators and district heating operators/owners in order to support the regulatory authority in determining the need for expansion, upgrades or decommissioning of the network. Distribution grid operators and district heating owners/operators shall cooperate with national regulators, including through the provision of data on the foreseen demand and supply of gases in line with decarbonization objectives at EU and national level. National regulators shall then develop net zero infrastructure plans developed in an integrated manner covering gases, electricity and heat planning, for the latter integrating all relevant local heating and cooling plans as set out in Directive ... [[the Energy Efficiency Directive - [ recast of the directive on energy efficiency 2021/0203 (COD)], Article 23] as well as national plans for building renovation and net zero carbon building stocks [recast EPBD Article XX]

Amendment 227 #

Proposal for a directive
Recital 78 b (new)

(78 b) There is a need to integrate national planning for a phase out of natural gas and associated infrastructure in the update of national energy and climate plans and progress reports per the Governance Regulation (EU) 2018/1999 by 30 June 2024.

Amendment 228 #

Proposal for a directive
Recital 79

(79) In some cases, depending among others on the topography of hydrogen networks and the population of end-users connected to the hydrogen networks, hydrogen quality management by hydrogen network operators could become necessary (e.g. purification). Therefore, regulatory authorities can task hydrogen network operators with ensuring efficient hydrogen quality management in their networks where necessary for system management. When undertaking such activities, hydrogen network operators should comply with applicable hydrogen quality standards.deleted

Amendment 229 #

Proposal for a directive
Recital 80

(80) Where system operators for natural gas or hydrogen network operators refuse requests for access, connection or disconnection due to a lack of capacity, ~~should refusals should be duly substantiated,~~ and the underpinning request is included in the regulators’ net zero infrastructure pland, operators ~~should b~~are required to enhance their system in order to enable the requested connections or access where it is economic to do so.

Amendment 230 #

Proposal for a directive
Recital 92

(92) The security of energy supply is an essential element of public security and is therefore inherently connected to the efficient functioning of the internal market in gas and the integration of the isolated gas markets of Member States. Gas can reach the citizens of the Union only through the network. Functioning open gas markets under an adequate public control, and, in particular, networks and other assets associated with gas supply are essential for public security, for the competitiveness of the economy and for the well-being of the citizens of the Union. Persons from third countries should therefore only be allowed to control a transmission system or a transmission system operator if they comply with the requirements of effective separation that apply inside the Union . Without prejudice to the international obligations of the Union , the Union considers that the gas transmission system sector is of high importance to the Union and therefore additional safeguards are necessary regarding the preservation of the security of supply of energy to the Union to avoid any threats to public order and public security in the Union and the welfare of the citizens of the Union. The security of supply of energy to the Union requires, in particular, an assessment of the independence of network operation, the level of the Union ’s and individual Member States’ dependence on energy supply from third countries, and the treatment of both domestic and foreign trade and investment in energy in a particular third country. Security of supply should therefore be assessed in the light of the factual circumstances of each case as well as the rights and obligations arising under international law, in particular the international agreements between the Union and the third country concerned. Where appropriate the Commission should submit recommendations to negotiate relevant agreements with third countries addressing the security of supply of energy to the Union or to include the necessary issues in other negotiations with those third countries.

Amendment 231 #

Proposal for a directive
Recital 95 a (new)

(95 a) In order to improve competition in the market for the operation of gas distribution systems, Member States should designate distribution system operators following a transparent procedure and set a limit on the period of time an operator can be designated. This will ensure that distribution system operators are not designated in perpetuity and improve the balance of power in concession negotiations with the relevant authorities.

Amendment 232 #

Proposal for a directive
Recital 96

(96) Member States should take concrete measures to ~~assist the wider use of biogas and gas from biomass, the producers of which~~steer the use of sustainable biogas and gas from biomass, into priority applications such as industry feedstocks, district heating backup and high temperature uses in industry. Member States shall also ensure that biogas and biomethane grid integration is based on national sustainability potential assessments and on pre-identified priority uses and locations. Only in those areas the producers should be granted non- discriminatory access to the gas system, provided that such access is compatible with the relevant technical rules and safety standards on an ongoing basis.

Amendment 233 #

(96) Member States should take concrete measures to assist the wider use of biogas and gas from biomass, particularly at local level, the producers of which should be granted non- discriminatory access to the gas system, provided that such access is compatible with the relevant technical rules and safety standards on an ongoing basis.

Amendment 234 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Recital 96

(96) Member States should take concrete measures to assist the wider use of bio~~gas and gas from biomass~~methane, the producers of which should be granted non- discriminatory access to the gas system, provided that such access is compatible with the relevant technical rules and safety standards on an ongoing basis.

Amendment 235 #

Proposal for a directive
Recital 97

(97) Producers of renewable and low- carbon gases are often connected to the distribution grid. To facilitate their uptake and market integration, it is essential that they obtain unhindered access to the wholesale market and the relevant virtual trading points. Participation in the wholesale market is determined by the way in which the entry-exit systems are defined. In several Member States, producers connected to the distribution grid are not part of the entry-exit system. Therefore, the access of renewable and low-carbon gases to the wholesale market should be facilitated by providing a definition of an entry-exit system and ultimately ensuring that production facilities connected to the distribution system arcan be part of it. In addition, Regulation [the recast Gas regulation as proposed in COM(2021)xxx] provides that distribution system operators and transmission system operates are to work together to enable reverse flows from the distribution to the transmission network or alternative means to facilitate the market integration of renewable and low carbon gases.

Amendment 236 #

Proposal for a directive
Recital 99 a (new)

(99 a) Grid-based blending represents the least energy-efficient and cost effective use of gaseous molecules and risks that green hydrogen cannot get supplied to priority sectors such as aviation or steel industry for which ambitious quotas have been set and which cannot decarbonise with other means. Around 40 % of existing plants and machines in the Union’ s cement, steel and chemical sectors are up for reinvestment this decade as they have reached their end of lifetime and investment decisions will depend on an assessment of the likelihood to get supplied by sufficient green hydrogen. Grid-based blending results in costly deviations from those sectors and repeated adaptations needs for infrastructure. It also poses challenges to certain industries such as the chemical sector that can only use specific blends and is technically limited to20 %, hence far from delivering sufficient GHG reductions. There should therefore be no regulatory or financial incentives to blend hydrogen into the gas grid. There should also be no duty of Member States to accept blends at cross-border interconnection points in line with Article194 TFEU which gives each Member State the right to determine its own energy supply.

Amendment 237 #

Proposal for a directive
Recital 100 a (new)

(100 a)To enable and foster decarbonisation, regardless of their unbundling models, the transmission system operators are also well placed to invest in decarbonisation technologies and innovate projects enabling sectors integration, such as power-to-gas. To deliver these services at a reasonable cost and in a timely manner, the transmission system operators and hydrogen network operators should be allowed to invest in these technologies. The compensation for such services may - where applicable – happen under a tolling arrangement, a customer pays a toll to – in the case of power-to-gas – feed electricity into the facility and receive hydrogen (or synthetic gas if a methanation step is added to the process) in return. The facility owner would only provide a service and would not engage in trading or supplying those commodities. In order to accelerate decarbonisation new technologies need to be tested, scaled-up and implemented swiftly. In this context, the transmission system operators can add significant value using existing resources and experience regarding market design and functioning (know-how, companies already active that could diversify quicker than a newly established company). This sharing of the investment risks between the users and the operator via a tolling model will allow smaller market participants to enter the considered new market.

Amendment 238 #

Proposal for a directive
Recital 100 a (new)

Amendment 239 #

Proposal for a directive
Recital 100 a (new)

(100 a) Grid-based blending represents the least energy-efficient and cost effective use of gaseous molecules and risks that green hydrogen cannot get supplied to priority sectors such as aviation or steel industry for which ambitious quotas have been set and which cannot decarbonise by other means. Around 40 % of existing plants and machines in the Union cement, steel and chemical sectors are up for reinvestment this decade as they have reached their end of lifetime and investment decisions will depend on the availability of sufficient green hydrogen. Grid-based blending results in costly deviations from those sectors and repeated adaptation needs for infrastructure. There should therefore be no regulatory or financial incentives to blend hydrogen into the gas grid.

Amendment 240 #

Proposal for a directive
Recital 100 a (new)

(100 a)With the integration of growing volumes of renewable and low-carbon gases in the natural gas and hydrogen systems, the Transmission System Operators and Hydrogen Network Operators are entrusted with new tasks including but not limited to the gas and hydrogen quality management to ensure efficient operation of the networks. The costs related to these new tasks shall be borne by the Transmission System Operators or Hydrogen Network Operators as relevant and shall be taken into account in the calculation of their respective tariffs, like all the other costs incurred by the Operators.

Amendment 241 #

Proposal for a directive
Recital 101

(101) Energy regulators need to be able to take decisions in relation to all relevant regulatory issues if the internal market in natural gas is to function properly, and to be fully independent from any other political, public or private interests, including when developing the infrastructure network planning. The provisions relating to autonomy in the implementation of the allocated budget of the regulatory authority should be implemented within the framework defined by national budgetary law and rules. While contributing to the independence of the regulatory authority from any political or economic interest through an appropriate rotation scheme, it should be possible for Member States to take due account of the availability of human resources and of the size of the board.

Amendment 242 #

Proposal for a directive
Recital 103

(103) Regulatory authorities should be able to fix ~~or approve~~ tariffs, or the methodologies underlying the calculation of the tariffs, on the basis of ~~a proposal by the transmission system operator or distribution system operator(s) or liquefied natural gas (LNG) system operator, or on the basis of a proposal agreed between those operators~~input by system operators integrating the electricity, gas hydrogen and the ~~users of the netw~~at sectorks. In carrying out those tasks, regulatory authorities should ensure that transmission and distribution tariffs, including through the phased own period where customers and supply shrinks, are non-discriminatory and cost-reflective, and should take account of the long-term, marginal, avoided network costs from demand-side management measures. Any gas grid operator investing into the gas grid should also take the risk of it becoming a stranded asset.

Amendment 243 #

Proposal for a directive
Recital 103

(103) Regulatory authorities should be able to fix or approve tariffs, or the methodologies underlying the calculation of the tariffs, ~~on the basis of a~~taking into account proposals by the transmission system operator or distribution system operator(s) or liquefied natural gas (LNG) system operator, or ~~on the basis of a~~ proposals agreed between those operators and the users of the network. In carrying out those tasks, regulatory authorities should ensure that transmission and distribution tariffs are non-discriminatory and cost-reflective, and should take account of the long-term, marginal, avoided network costs from demand-side management measures.

Amendment 244 #

Proposal for a directive
Recital 103 a (new)

(103 a) Regulatory authorities should be able to fix or approve charges for accessing and using facilities serving decarbonisation-related activities under a tolling model, or the methodologies underlying the calculation of the charges, on the basis of a proposal by a transmission system operator or a hydrogen network operator, or on the basis of a proposal by those operator(s). In carrying out those tasks, national regulatory authorities should ensure that charges are non-discriminatory.

Amendment 245 #

Proposal for a directive
Recital 103 a (new)

(103 a) Regulatory authorities should be able to fix or approve charges for accessing and using facilities serving decarbonisation related activities under a tolling scheme, or the methodologies underlying the calculation of the charges, on the basis of a proposal by the transmission system operator or hydrogen network operator. In carrying out those tasks, national regulatory authorities should ensure that charges are non- discriminatory.

Amendment 246 #

Proposal for a directive
Recital 104

(104) Regulatory authorities should promote, in close cooperation with the Agency for the Cooperation of Energy Regulators (ACER), established by Regulation (EC) No 713/2009 of the European Parliament and of the Council15 , an open, competitive, secure and environmentally sustainable internal market in hydrogen with unhindered cross-border flows. Regulatory authorities need to be able to take decisions in relation to all relevant regulatory issues if the internal market in hydrogen is to function properlyintegrated infrastructure planning for electricity, gas, heat and hydrogen. _________________ 15 See page 1 of this Official Journal.

Amendment 247 #

Proposal for a directive
Recital 104

(104) Regulatory authorities should promote, in close cooperation with the Agency for the Cooperation of Energy Regulators (ACER), ~~established by Regulation (EC) No 713/2009 of the European Parliament and of the Council15 , an open, competitive~~, an open, socially fair, non discriminatory, secure and environmentally sustainable internal market in hydrogen with unhindered cross- border flows. Regulatory authorities need to be able to take decisions in relation to all relevant regulatory issues if the internal market in hydrogen is to function properly. ~~_________________ 15 See page 1 of this Official Journal.~~

Amendment 248 #

Nicolás GONZÁLEZ CASARES, Lina GÁLVEZ MUÑOZ, Carlos ZORRINHO, Robert HAJŠEL, Adriana MALDONADO LÓPEZ

Proposal for a directive
Recital 108

(108) The regulatory authorities and ACER should provide information on the hydrogen market to ensure transparency, including aspects such as supply and demand, transport infrastructure, quality of service, cross-border trade, investments, wholesale and consumer prices, or market liquidity.

Amendment 249 #

Proposal for a directive
Recital 108

(108) The regulatory authorities and ACER should provide information on the hydrogen market to ensure transparency, including aspects such as supply and demand, transport infrastructure, quality of service, sources, cross-border trade, investments, consumer prices, market liquidity.

Amendment 250 #

Proposal for a directive
Recital 108 a (new)

(108 a) Member States should introduce network development plans for distribution systems in order to support the regulatory authority in determining the need for expansion, upgrades or decommissioning of the network. Such plans should be prepared following a process that is transparent and open to public consultation on the assumptions underpinning the plan and on the draft plan. The final plans should be made publicly available. The plans should be based on realistic and objective data on the foreseen demand and supply of gases and contribute to the achievement of the Union’s energy and climate targets. The network development plans for distribution systems should promote the energy efficiency first principle and energy system integration, and take into account the increased interlinkages between gas, electricity and heat networks as well as local heating and cooling plans.

Amendment 251 #

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

Proposal for a directive
Recital 109

(109) Transmission system operators play an important role in ensuring cost effective investments in gas networks and that the Union’s climate and energy targets are met. For an optimised planning across energy carriers and to bridge the gap between the diverse national and EU-wide network planning approaches, additional requirements for consistent planning are introduced. The network planning should also take account of the increased interlinkages between natural gas and electricity, as well as hydrogen. Network planning must also promote transparency and public participation and be based on objective and scientific criteria. To that effect, transmission system operators should involve the public and independent scientific bodies (such as the European Scientific Advisory Board on Climate Change, established under Regulation (EU) 2021/1119) in network planning development. 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 252 #

Proposal for a directive
Recital 109

(109) Transmission system operators play an important role in ensuring cost effective investments in gas networks and that the Union’s climate and energy targets are met. For an optimised planning across energy carriers and to bridge the gap between the diverse national and EU-wide network planning approaches, additional requirements for consistent planning are introduced. The network planning should also take account of the increased interlinkages between natural gas and electricity, as well as hydrogen. Network planning must be transparent and science based and allow relevant stakeholders to participate. To that effect, independent scientific bodies, such as the European Scientific Advisory Board on Climate Change, established under Regulation (EU) 2021/1119 should be empowered to give advice in network planning development. The network development plan should integrate energy systems and prioritise according to end uses and promote 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 253 #

Claudia GAMON, Martin HOJSÍK, Christophe GRUDLER, Klemen GROŠELJ, Emma WIESNER

Proposal for a directive
Recital 109

(109) ~~Transmission system operators play an important role in ensuring cost effective investments in gas networks.~~ For an optimised planning across energy carriers and to bridge the gap between the diverse national and EU-wide network planning approaches, additional requirements for consistent planning are introduced. The network planning should also take account of the increased interlinkages between natural gas and electricity, as well as hydrogen, the need to phase-out fossil gas by 2035, and the Union’s energy and climate obligations. For this reason, a net zero infrastructure planning obligation is introduced, which shall replace ten-year network development plans developed by transmission system operators. The net zero infrastructure plan shall be prepared by the national regulator, to avoid conflicts of interest inherent to industry- led planning, and it shall cover at least electricity, natural gas, heat and hydrogen.

Amendment 254 #

Proposal for a directive
Recital 110

(110) When developing the network development plan, it is important that infrastructure operators take the energy efficiency first principle16 into account, in particular, the expected consumption used for the joint scenario development, the prioritisation of demand-side solutions whenever they are more cost-effective than investments in infrastructure, and the direct electrification of end-use sectors. _________________ 16 Commission Recommendation of 28.9/2021 on Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making in the energy sector and beyond, COM (2021) 7014 final

Amendment 255 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO

Proposal for a directive
Recital 110

(110) When developing the network development plan, it is important that infrastructure operators take the energy efficiency first principle16 into account, in particular, the expected consumption used for the joint scenario development. _________________ 16 Commission Recommendation of 28.9/2021 on Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making in the energy sector and beyond, COM (2021) 7014 final, the prioritisation of demand-side solutions whenever they are more cost-effective than investments in infrastructure, and the direct electrification of end-use sectors.

Amendment 256 #

Proposal for a directive
Recital 110

(110) When developing the network development plan, it is important that infrastructure operators take the energy efficiency first and system efficiency principles16 into account, in particular, the expected consumption used for the joint scenario development. _________________ 16 Commission Recommendation of 28.9/2021 on Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making in the energy sector and beyond, COM (2021) 7014 final

Amendment 257 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Recital 110

(110) When developing the net~~work development~~ zero infrastructure plan, it is important that infrastructure ~~oper~~regulators take the energy efficiency first principle16 into account, in particular, the expected consumption used for the joint scenario development. _________________ 16 Commission Recommendation of 28.9/2021 on Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making in the energy sector and beyond, COM (2021) 7014 final

Amendment 258 #

Proposal for a directive
Recital 110

(110) When developing the network development plan, it is important that ~~infrastructure~~system operators take the energy efficiency first principle16 into account, in particular, the expected consumption used for the ~~joint~~ scenario development. _________________ 16 Commission Recommendation of 28.9/2021 on Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making in the energy sector and beyond, COM (2021) 7014 final

Amendment 259 #

Proposal for a directive
Recital 111

(111) The energy system integration strategy points out the importance of the coordinated planning and operation of the energy system in achieving the decarbonisation objectives. Therefore it is necessary to draw up a net~~work development~~ zero infrastructure plan based on a joint scenario developed on a cross-sectoral basis. ~~While still keeping separate sectorial plans, infrastructure operators should work towards a higher level of integration taking into account system needs beyond specific energy carriers.~~ The net zero infrastructure plan shall be consistent with the principle of energy system integration, as that term is applied in Commission Communication COM (2020) 299 final and the European Parliament resolution of 19 May 2021 on a European strategy for energy system integration (2020/2241(INI)).

Amendment 260 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Recital 111

Amendment 261 #

Proposal for a directive
Recital 111

Amendment 262 #

Proposal for a directive
Recital 112

(112) Net~~work development~~ zero infrastructure plans are an important element to identify infrastructure gaps and overcapacities and provide information on infrastructure that either needs to be built or that can be decommissioned and could be used for other purposes, such as hydrogen transport. This is true irrespective of the unbundling model chosen for the network operators.

Amendment 263 #

Proposal for a directive
Recital 112

(112) Network development plans are an important element to identify infrastructure gaps and provide information on infrastructure that ~~either~~ needs to be built or that can be decommissioned ~~and~~or that could be used for other purposes, such as hydrogen transport. This is true irrespective of the unbundling model chosen for the network operators.

Amendment 264 #

Proposal for a directive
Recital 113

(113) Providing information on infrastructure that can be decommissioned or repurposed within the network development plan may mean either leaving the infrastructure unused, dismantling it or using it for other purposes, such as hydrogen transport. The objective of this increased transparency on infrastructure takes into account that repurposed infrastructure is comparatively cheaper than newly built infrastructure and hence should enable a cost effective transition. Therefore, a joint network development plan of transmission system operators and hydrogen network operators should support the synergies between the natural gas and hydrogen networks and, by that, lead the way to a faster and more cost- efficient development of the hydrogen infrastructure.

Amendment 265 #

Proposal for a directive
Recital 113

(113) Providing information on infrastructure that can be decommissioned within the net~~work development~~ zero infrastructure plan may mean either leaving the infrastructure unused, dismantling it or using it for other purposes, such as hydrogen transport. The objective of this increased transparency on infrastructure takes into account that repurposed infrastructure is comparatively cheaper than newly built infrastructure ~~and hence should enable a cost effective transition~~– which does not necessarily mean that it ensures overall cost effectiveness of the energy system.

Amendment 266 #

Claudia GAMON, Martin HOJSÍK, Christophe GRUDLER, Klemen GROŠELJ, Emma WIESNER

Proposal for a directive
Recital 113

Amendment 267 #

Proposal for a directive
Recital 113 a (new)

(113 a)Member States should introduce network development plans for distribution systems. These plans should support the regulatory authority in determining the need for expansion, upgrades or decommissioning of the network. These plans should in particular lay down a pathway that demonstrates the decommissioning of the gas networks for low temperature heating, such as the residential buildings sector, aiming at priority use for hydrogen for hard to abate sectors and to phase out the use of gas in the heating sector. These plans should be prepared following a process that is transparent and open to public consultation. The final plans should be made publicly available. The plans should be based on realistic and objective data on the foreseen demand and supply of gases and contribute to the achievement of the Union’s energy and climate targets. The network development plans for distribution systems should promote the energy efficiency first principle, energy system integration and energy storage and take into account the increased links between gas, electricity and heat networks as well as local heating and cooling plans.

Amendment 268 #

(114) In Member States where a hydrogen network will be developed, reporting on the development of hydrogen infrastructure should ensure that the construction of a hydrogen system is based on a realistic and forward-looking demand projections including potential needs from the perspective of the electricity system. If Member States decide to allow for dedicated charges as a means of co-funding new hydrogen infrastructure, the report should support the regulatory authority in its assessment of these charges. The report should be submitted to the regulatory authority on a regular basis to be decided by the regulatory authority. In light of the ramp- up character of the hydrogen market, a disproportionate and continuous sequencing of the reporting obligation should however be avoided.deleted

Amendment 269 #

Proposal for a directive
Recital 114

(114) In Member States where a hydrogen network will be developed, ~~reporting on the~~the network development ofplan hydrogen infrastructure should ensure that the construction of a hydrogen system is based on a realistic and forward-looking demand projections including potential needs from the perspective of the electricity system. If Member States decide to allow for dedicated charges as a means of co-funding new hydrogen infrastructure, the ~~report~~network development plan should support the regulatory authority in its assessment of these charges. The report should be submitted to the regulatory authority on a regular basis to be decided by the regulatory authority. In light of the ramp-up character of the hydrogen market, a disproportionate and continuous sequencing of the reporting obligation should however be avoided.

Amendment 270 #

Proposal for a directive
Recital 115

(115) Information contained in the net~~work development~~ zero infrastructure plan should enable a forecast onand regulation of the impacts on tariffs based on planning and decommissioning affecting the regulated asset base as mentioned in Article 51 of this Directive.

Amendment 271 #

Proposal for a directive
Recital 117

(117) In contrast to electricity, the role of natural gas is expected to decrease, and phase-out by 2035 which also affects the decreasing demand for infrastructure investments. The network development plan therefore needs to balance competition concerns and avoid stranded assets. Consequently, ownership unbundled transmission system operators should not be covered by Article 51 (7) as well as future network tariff setting. The net zero infrastructure plan therefore needs to launch the managed phase down of the gas grid, balance competition concerns and avoid stranded assets. Any gas operators taking investments now should bear the consequences of the investment.

Amendment 272 #

Proposal for a directive
Recital 117

(117) In contrast to electricity, the role of natural gas is expected to gradually decrease, which also affects the demand for infrastructure investments. The network development plan therefore needs to balance competition concerns and avoid stranded assets. ~~Consequently, ownership unbundled transmission system operators should not be covered by Article 51 (7).~~

Amendment 273 #

Proposal for a directive
Recital 117 a (new)

(117 a) Distribution system operators should prepare network development plans in order to support the regulatory authority in developing its integrated net zero infrastructure plan, in determining whether to expand, upgrade, or decommission networks, and to ensure the achievement of a fossil gas phase-out by 2035 and the Union’s climate and energy obligations. The distribution network development planning process should be transparent and open to the public, and the draft and final plans should be made publicly available. The plans should also be based on objective information, promote integrated energy systems, and abide by the energy efficiency first principle. These plans should also incorporate and be based on local heat and building stock planning and on available renewable energy mapping and planning.

Amendment 274 #

Proposal for a directive
Recital 119

(119) It is necessary to progress towards interconnected hydrogen markets in the Union and thereby facilitate investments in cross-border hydrogen infrastructure. Under the regulated third-party access regime, in the absence of cross-border transportation tariffs after 31 December 2030 a system of financial compensation should provide financial incentives for market participants to develop cross- border interconnectors.deleted

Amendment 275 #

Proposal for a directive
Recital 119

Amendment 276 #

Proposal for a directive
Recital 119

(119) It is necessary to progress towards interconnected hydrogen markets in the Union and thereby facilitate investments in cross-border hydrogen infrastructure. Under the regulated third-party access regime, ~~in the absence of cross-border transportation tariffs after 31 December 2030~~ a system of financial ~~compensation~~incentives should be provide ~~financial incentives~~d for market participants to develop cross-border interconnectors.

Amendment 277 #

Proposal for a directive
Recital 119

(119) It is necessary to progress towards interconnected hydrogen markets in the Union and thereby facilitate investments in cross-border hydrogen infrastructure. Under the regulated third-party access regime, ~~in the absence of cross-border transportation tariffs after 31 December 2030~~ a system of financial compensation should provide financial incentives for market participants to develop cross-border interconnectors.

Amendment 278 #

Proposal for a directive
Recital 121

(121) Natural gas is mainly, and increasingly, imported into the Union from third countries. Union law should take account of the characteristics of natural gas, such as certain structural rigidities arising from the concentration of suppliers, the long-term contracts or the lack of downstream liquidity. Therefore, more transparency is needed, ~~including~~especially in regard to the formation of prices, both wholesale and consumer ones.

Amendment 279 #

Proposal for a directive
Recital 125

(125) Long-term contracts are an important part of the gas supply of Member States . However, they should not constitute a barrier to the entry of renewable and low carbon gases~~, which is why the duration of contracts for the supply of fossil gas will not be able to run beyond 2049~~. Such contracts shall always be in line with the objective of this Directive and are compatible with the TFEU , including the competition rules. It is necessary to take into account long-term contracts in the planning of supply and transport capacity of undertakings.

Amendment 280 #

Proposal for a directive
Recital 125

(125) Long-term contracts are an important part of the gas supply of Member States . However, they should not constitute a barrier to the entry of renewable and low carbon gases, which is why the duration of new contracts concluded after the entry into force of the directive for the supply of unabated fossil gas will not be able to run beyond 2049. Such contracts shall always be in line with the objective of this Directive and are compatible with the TFEU , including the competition rules. It is necessary to take into account long-term contracts in the planning of supply and transport capacity of undertakings.

Amendment 281 #

Proposal for a directive
Recital 125

(125) Long-term contracts are an important part of the gas supply of Member States . However, they should not constitute a barrier to the entry of renewable ~~and low carbon gas~~gases and switching to other renewable sources, which is why the duration of contracts for the supply of fossil gas will not be able to run beyond 204935. Such contracts shall always be in line with the objective of this Directive and are compatible with the TFEU , including the competition rules. It is necessary to take into account long-term contracts in the planning of supply and transport capacity of undertakings.

Amendment 282 #

Proposal for a directive
Recital 125

(125) Long-term contracts are an important part of the gas supply of Member States . However, they should not constitute a barrier to the entry of renewable and low carbon gases, which is why the duration of contracts for the supply of fossil gas will not be able to run beyond 204935. Such contracts shall always be in line with the objective of this Directive and are compatible with the TFEU , including the competition rules. It is necessary to take into account long-term contracts in the planning of supply and transport capacity of undertakings.

Amendment 283 #

Proposal for a directive
Recital 127

(127) Respect for the public service requirements is a fundamental requirement of this Directive, and it is important that common minimum standards, respected by all Member States, are specified in this Directive, which take into account the objectives of common protection, tackling energy poverty, price monitoring, security of supply, environmental protection and equivalent levels of competition in all Member States. It is important that the public service requirements can be interpreted on a national basis, taking into account national circumstances and subject to the respect of Union law.

Amendment 284 #

Proposal for a directive
Recital 132

(132) In order to contribute to security of supply whilst maintaining a spirit of solidarity between Member States, notably in the event of an energy supply crisis, it is important to provide for a framework for regional cooperation in a spirit of solidarity. Such cooperation may rely, if Member States so decide, ~~first and foremost~~ on market-based mechanisms. Cooperation for the promotion of regional and bilateral solidarity should not impose a disproportionate burden on or discriminate between market participants.

Amendment 285 #

Proposal for a directive
Recital 137

(137) The regulatory authorities should also provide information on the market to permit the Commission to exercise its role of observing and monitoring the internal market in natural gas and its short, medium and long-term evolution, including aspects such as supply and demand, transmission and distribution infrastructure, quality of service, cross-border trade, congestion management, investments, wholesale and consumer prices, market liquidity and environmental and efficiency improvements. Regulatory authorities should report to the competition authorities and the Commission those Member States in which prices ~~impair competition and proper functioning of the market~~negatively affect consumers.

Amendment 286 #

Proposal for a directive
Recital 143

(143) In order to provide the minimum degree of harmonisation required to achieve the aim of this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of non-essential elements of certain specific areas which are fundamental for achieving the objectives of this Directive. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level and with the public, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making20 . In particular, to ensure equal participation in the preparation of delegated acts, the public, the European Parliament and the Council receive all documents at the same time as Member States' experts and the public, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of the 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. _________________ 20 OJ L 123, 12.5.2016, p. 1.

Amendment 287 #

Proposal for a directive
Recital 143

(143) In order to provide the minimum degree of harmonisation required to achieve the aim of this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of non-essential elements of certain specific areas which are fundamental for achieving the objectives of this Directive. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level and with the public, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making20 . In particular, to ensure equal participation in the preparation of delegated acts, the public, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts and the public systematically have access to meetings of Commission expert groups dealing with the preparation of the delegated acts. ~~_________________ 20 OJ L 123, 12.5.2016, p. 1~~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.

Amendment 288 #

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

Proposal for a directive
Recital 143

(143) In order to provide the minimum degree of harmonisation required to achieve the aim of this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of non-essential elements of certain specific areas which are fundamental for achieving the objectives of this Directive. It is of particular importance that the Commission carries 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-Making20 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of the delegated acts. ~~_________________ 20 OJ L 123, 12.5.2016, p. 1~~The Commission should ensure that all documents and other information submitted to the Commission in connection with its adoption of the delegated act are publicly available.

Amendment 289 #

Proposal for a directive
Article 1 – paragraph -1 (new)

-1. This Directive establishes a common framework for the phase out of natural gas supply by 2035 at the latest and for the decommissioning of related infrastructure assets. To this end the rules established by this Directive promote the energy efficiency first principle, further energy system integration, contribute to the prudent and rational utilisation of natural resources, to the achievement of the Union’s climate and energy targets, provide for fair attributions of costs and benefits as well as for clear identification of roles and responsibilities among market participants.

Amendment 290 #

Andreas GLÜCK, Nicola BEER, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Amendment 291 #

Proposal for a directive
Article 1 – paragraph 1

1. This Directive establishes common rules for the transmission, distribution, supply and storage of gases within the meaning of Article 2, point (23) using the natural gas and hydrogen systems defined in point (34) and (5) of that Article . It lays down the rules relating to the organisation and functioning of thatese sectors, access to the market, the criteria and procedures applicable to the granting of authorisations for transmission, distribution, supply and storage of gases using the natural gas and hydrogen systems and the operation of systems.

Amendment 292 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 1 – paragraph 1 a (new)

1 a. The rules for natural gas, including LNG, established by this Directive shall also apply in a non- discriminatory way to biogas, biomethane and gas from biomass or other types of gas, insofar as such gases can technically and safely be injected into, and transported through, the natural gas system. The rules for natural gas established by this Directive also apply to hydrogen insofar as it is injected into the natural gas system.

Amendment 293 #

Proposal for a directive
Article 1 – paragraph 2

~~2. This Directive establishes rules for the transport, supply and storage of natural gas and the transition of the natural gas system to a system based on renewable and low-carbon gases.~~deleted

Amendment 294 #

Proposal for a directive
Article 1 – paragraph 2

2. This Directive establishes rules for the transport, supply and storage of natural gas and the transition, including decommissioning, of the natural gas system to ~~a system based on renewable and low-carbon gas~~wards an integrated highly efficient energy system based on renewable energy sources, most notably electricity, followed by sustainable renewable gases and RFNBOs for those applications that cannot be electrified by renewables.

Amendment 295 #

Claudia GAMON, Martin HOJSÍK, Christophe GRUDLER, Klemen GROŠELJ, Emma WIESNER

Proposal for a directive
Article 1 – paragraph 2

2. This Directive establishes rules for the transport, supply and storage of natural gas and the transition of the natural gas system to an integrated system based on ~~renewable and low-carbon~~the energy efficiency first principle and incorporating renewable gases.

Amendment 296 #

Proposal for a directive
Article 1 – paragraph 2

2. This Directive establishes rules for the transport, supply and storage of natural gas and the transition of the natural gas system to an integrated system based on renewable and low-carbon gases.

Amendment 297 #

Proposal for a directive
Article 1 – paragraph 3

3. This Directive establishes common rules for the transport, supply and storage of renewable hydrogen using the hydrogen system. It lays down the rules relating to the organisation and functioning of this sector, access to the market, the criteria and procedures applicable to the granting of authorisations for networks, supply and storage of hydrogen and the operation of systems. (This amendment replacing 'Hydrogen' with 'renewable hydrogen' applies throughout the text)

Amendment 298 #

Proposal for a directive
Article 1 – paragraph 4

4. This Directive establishes rules for the progressive establishment of a Union- wide interconnected hydrogen system contributing to the reduction of net greenhouse gas emissions of difficult to decarbonise sectors and thereby supporting to the decarbonisation of the EU energy system.deleted

Amendment 299 #

Proposal for a directive
Article 1 – paragraph 4

4. This Directive establishes rules for the progressive establishment of a Union- wide interconnected hydrogen system contributing to the long-term resilience of the electricity system and to the reduction of net greenhouse gas emissions of difficult to decarbonise sectors and thereby supporting to the decarbonisation of the EU energy system.

Amendment 300 #

Proposal for a directive
Article 1 – paragraph 4

4. This Directive establishes rules for the progressive establishment of a Union- wide interconnected hydrogen system contributing to the reduction of net greenhouse gas emissions of ~~difficult to decarbonise sectors~~sectors with the highest greenhouse gases abatement potential per tonne of hydrogen used and thereby supporting to the decarbonisation of the EU energy system.

Amendment 301 #

Proposal for a directive
Article 1 – paragraph 4

4. This Directive establishes rules for the progressive establishment of a Union- wide interconnected hydrogen system contributing to the reduction of net greenhouse gas emissions of ~~difficult to decarbonise sectors and thereby~~sectors with the highest greenhouse gases abatement potential per tonne of hydrogen consumed supporting to the decarbonisation of the EU energy system.

Amendment 302 #

Claudia GAMON, Martin HOJSÍK, Emma WIESNER

Proposal for a directive
Article 1 – paragraph 4 a (new)

4 a. The rules established by this Directive shall promote the energy efficiency first principle, further energy system integration, contribute to the prudent and rational utilisation of natural resources, contribute to the achievement of the Union’s climate and energy targets, and enables the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030, compared to2015.

Amendment 303 #

Proposal for a directive
Article 1 – paragraph 4 a (new)

4 a. The rules established by this Directive shall promote energy system integration, contribute to the achievement of the Union’s climate and energy targets, and enables the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030, compared to 2015.

Amendment 304 #

Proposal for a directive
Article 2 – paragraph 1 – point -1 (new)

(-1) ‘fossil gas’ means gas of fossil origin that primarily consist of methane;

Amendment 305 #

Proposal for a directive
Article 2 – paragraph 1 – point 1

(1) ‘ natural gas’ means ~~all~~renewable gases that primarily consist of methane, ~~including biogas and gas from biomass, in particular biomethane, or other types of gas,~~ that can technically and safely be injected into, and transported through, the natural gas system;

Amendment 306 #

Proposal for a directive
Article 2 – paragraph 1 – point 1

(1) ‘natural gas’ means all gases that primarily consist of methane, ~~including biogas and gas from biomass, in particular biomethane, or other types of gas,~~ that can technically and safely be injected into, and transported through, the natural gas system according to the technical specifications of gas quality;

Amendment 307 #

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a (new)

a) ‘Biomethane’ means a gaseous mixture mostly made of methane from biomass sources, including biogas as defined in Article 2(28) of Directive2018/2001, and that meets the technical specifications of gas quality for a safe injection into the natural gas system. This also includes biomethane from landfill gas and from sewage treatment plant gas.

Amendment 308 #

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b (new)

b) ‘hydrogen’ means all gases that primarily consist of hydrogen and that can technically and safely be injected into and transported through the hydrogen system or the natural gas system in blending or. This includes ‘low-carbon hydrogen’ as defined in this Article, renewable gaseous fuels that are fuels of non-biological origins (‘RFNBOs’) as defined in Article 2(36) of Directive 2018/2001 as well as ‘hydrogen from biological source’ understood as hydrogen of renewable origin derived from biomass sources as defined in Article 2(28) of the Directive 2018/2001.

Amendment 309 #

(1 a) ‘biomethane’ means a gaseous mixture mostly made of methane from biomass sources, including biogas as defined in Article 2(28) of Directive 2018/2001, and that meets the technical specifications of gas quality for a safe injection into and transport through the natural gas system. This also includes biomethane from landfill gas and from sewage treatment plant gas."

Amendment 310 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ, Andreas GLÜCK

Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)

(1 a) ‘abated gas’ means natural gas the carbon content of which has been captured by using CCUS technology ;

Amendment 311 #

Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)

(1 a) 'hydrogen’ means all gases, from renewable or non-renewable sources, that primarily consist of dihydrogen;

Amendment 312 #

Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)

(1 a) hydrogen’ means all gases from renewable or non-renewable sources, that primarily consist of dihydrogen;

Amendment 313 #

Claudia GAMON, Martin HOJSÍK, Klemen GROŠELJ, Christophe GRUDLER

Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)

(1 b) ‘hydrogen’ means all gases that primarily consist of hydrogen and that can technically and safely be injected into and transported through the hydrogen system or the natural gas system in blending or. This includes ‘low-carbon hydrogen’ as defined in this Article, renewable gaseous fuels that are fuels of non-biological origins (‘RFNBOs’) as defined in Article 2(36) of Directive 2018/2001 as well as ‘hydrogen from biological source’ understood as hydrogen of renewable origin derived from biomass sources as defined in Article 2(28) of the Directive 2018/2001.

Amendment 314 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) ‘renewable gas’ means biogas ~~as defined in Article 2, point (28)~~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 70% compared to the fossil fuel comparator of 94g CO2eq/MJ set out in Directive (EU) 2018/2001, Annex V.C.19 and shall comply with requirements, including additionality requirements as addressed in the Commission Delegated Regulation supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council by establishing a Union methodology setting out detailed rules for the production of renewable liquid and gaseous transport fuels of non-biological origin. Biogas produced from food and feed-based crops and intermediate crops, as defined in Article 2, point (40) of Directive 2018/2001, and round wood including veneer, pulp logs, and stemwood shall not be considered renewable gas.

Amendment 315 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) ‘renewable gas’ means biogas ~~as defined in Article 2, point (28)~~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/MJ1a and comply with requirements set out in the Delegated Act “establishing a Union methodology setting out detailed rules for the production of renewable liquid and gaseous transport fuels of non-biological origin” and maximum hydrogen leakage rates. Biogas produced from food and feed-based crops and intermediate crops, as defined in Article 2, point (40) of Directive 2018/2001, and roundwood including veneer, pulp logs, and stemwood shall not be considered renewable gas. Renewable gases shall meet the maximum methane leakage rates, as per Annex IIA of this Directive. _________________ 1a 66g CO2eq/MJ which is the GHG emission factor of natural gas (see table 16, p23 of the JRC report: https://publications.jrc.ec.europa.eu/repos itory/handle/JRC104759

Amendment 316 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) ‘renewable gas’ means biogas as defined in Article 2, point (28) 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’~~biohydrogen;

Amendment 317 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

Amendment 318 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) ‘renewable gas’ means biogas ~~as defined in Article 2, point (28)~~produced from waste and residue feedstocks, as defined in Annex 9A of Directive (EU)2018/2001, except for stemwood, including biomethane, and renewable gaseous fuels part of fuels of non-biological origins (‘RFNBOs’) as defined in Article 2, point (36) of that Directive’;

Amendment 319 #

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

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) ‘renewable gas’ means biogas as defined in Article 2, point (28) of Directive 2018/2001, including biogas that has been upgraded to biomethane, and renewable gaseous fuels part of fuels of non- biological origins (‘RFNBOs’) as defined in Article 2, point (36) of that Directive’;

Amendment 320 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) ‘renewable gas’ means biogas as defined in Article 2, point (28) of Directive 2018/2001, including biomethane, bio- hydrogen and renewable gaseous fuels part of fuels of non-biological origins (‘RFNBOs’) as defined in Article 2, point (36) of that Directive’;

Amendment 321 #

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

Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)

(2 a) 'hydrogen’ or ‘renewable hydrogen’ means the hydrogen derived from biogas, produced from waste and residue feedstock as listed in Annex IX - Part A of Directive 2018/2001, and renewable fuels of non-biological origin, as defined in Article 2, point (36) of Directive (EU) 2018/2001, in the form of hydrogen which meets a life-cycle greenhouse gas emission reduction threshold of 80% compared to the fossil fuel comparator of 66g CO2eq/MJ1b and comply with requirements set out in the Delegated Act “establishing a Union methodology setting out detailed rules for the production of renewable liquid and gaseous transport fuels of non-biological origin” . Renewable hydrogen meet the maximum hydrogen leakage rates, as per Article 8, paragraph 5 of this Directive. _________________ 1b 66g CO2eq/MJ which is the GHG emission factor of natural gas (see table 16, p23 of the JRC report: https://publications.jrc.ec.europa.eu/repos itory/handle/JRC104759

Amendment 322 #

Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)

(2 a) ‘bio-hydrogen’ means hydrogen produced from biomass fuels as defined in Article 2, point (27) of Directive 2018/2001;

Amendment 323 #

Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)

(2 a) ‘bio-hydrogen’ means hydrogen produced from biomass fuels as defined in Article 2, point (27) of Directive 2018/2001;

Amendment 324 #

Proposal for a directive
Article 2 – paragraph 1 – point 3

(3) ‘gases’ mean natural, renewable and low-carbon gas and hydrogen;

Amendment 325 #

Proposal for a directive
Article 2 – paragraph 1 – point 3

(3) ‘gases’ mean fossil gas, natural gas and renewable hydrogen;

Amendment 326 #

(3) ‘gases’ mean natural gas, biogas, biomethane, and hydrogen;

Amendment 327 #

Proposal for a directive
Article 2 – paragraph 1 – point 3

(3) ‘gases’ mean natural gas, biogas, biomethane, and hydrogen;

Amendment 328 #

Andreas GLÜCK, Nicola BEER, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a directive
Article 2 – paragraph 1 – point 4

(4) ‘natural gas system’ means a system of infrastructures, including pipelines, LNG terminals ~~and~~, storage facilities and facilities providing additional services, which transports gases, that primarily consist of methane and include biogas and gas from biomass, in particular biomethane, or other types of gas that can technically and safely be injected into, and transported through the natural gas pipeline system.

Amendment 329 #

Proposal for a directive
Article 2 – paragraph 1 – point 4

(4) ‘natural gas system’ means a system of infrastructures, including pipelines, LNG terminals ~~and storage~~, blending, storage and treatment facilities, which transports gases, that primarily consist of methane and include biogas and gas from biomass, in particular biomethane, or other types of gas that can technically and safely be injected into, and transported through the natural gas pipeline system.

Amendment 330 #

Proposal for a directive
Article 2 – paragraph 1 – point 4

(4) ‘natural gas system’ means a system of infrastructures, including pipelines, LNG terminals, blending facilities and storage facilities, which transports gases, that primarily consist of methane and include biogas and gas from biomass, in particular biomethane, or other types of gas that can technically and safely be injected into, and transported through the natural gas pipeline system.

Amendment 331 #

Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)

(6 a) ‘hydrogen storage operator’ means a natural or legal person who carries out the function of storage of hydrogen of a high-grade purity and is responsible for operating a hydrogen storage facility;

Amendment 332 #

Proposal for a directive
Article 2 – paragraph 1 – point 8

(8) ‘hydrogen terminal’ means an installation used for the transformation of liquid hydrogen or ~~liquid ammonia~~hydrogen carriers into gaseous hydrogen for injection into the hydrogen network or the liquefaction of gaseous hydrogen, including ancillary services and temporary storage necessary for the transformation process and subsequent injection into the hydrogen network, but not any part of the hydrogen terminal used for storage;

Amendment 333 #

Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)

(8 a) ‘hydrogen terminal operator’ means a natural or legal person who carries out the function of transformation of liquid hydrogen or liquid ammonia into gaseous hydrogen for injection into the hydrogen network or the liquefaction of gaseous hydrogen and is responsible for operating a hydrogen terminal;

Amendment 334 #

Proposal for a directive
Article 2 – paragraph 1 – point 10

~~(10) ‘low-carbon hydrogen’ means hydrogen the energy content of which is derived from non-renewable sources, which meets a greenhouse gas emission reduction threshold of 70%;~~deleted

Amendment 335 #

Proposal for a directive
Article 2 – paragraph 1 – point 10

(10) ‘low-carbon hydrogen’ means hydrogen the energy content of which is derived from non-renewable, fossil-free sources, which meets a greenhouse gas emission reduction threshold ~~of 70%;~~intermediate and cumulative GHG emission reduction targets, to ensure a full 100% GHG emission reduction threshold by 2040 the latest. The definition of ‘low-carbon hydrogen’ will therefore be limited to fossil-free hydrogen that demonstrates [70%] GHG emission reduction, [80%] by 2030, [90%] by 2035, and [100%] by 2040.

Amendment 336 #

Claudia GAMON, Emma WIESNER, Klemen GROŠELJ, Christophe GRUDLER

Proposal for a directive
Article 2 – paragraph 1 – point 10

(10) ‘non-renewable low-carbon hydrogen’ means hydrogen the energy content of which is derived from non- renewable sources, which meets a greenhouse gas emission reduction threshold of 780% compared to the fossil fuel comparator 94g CO2eq/MJset out in Directive (EU) 2018/2001, Annex V.C.19;

Amendment 337 #

Proposal for a directive
Article 2 – paragraph 1 – point 10

(10) ‘low-carbon hydrogen’ means hydrogen the energy content of which is derived from non-renewable fossil fuels sources, which meets a life-cycle greenhouse gas emission reduction threshold of 70%; compared to the fossil fuel comparator of 94g CO2eq/MJ set out in Directive (EU) 2018/2001.

Amendment 338 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ, Andreas GLÜCK

Proposal for a directive
Article 2 – paragraph 1 – point 10

(10) ‘low-carbon hydrogen’ means hydrogen the energy content of which is derived from non-renewable sources, which meets a greenhouse gas emission reduction threshold of 70% to a fossil fuel comparator of 94g CO2e/MJ; ;

Amendment 339 #

Proposal for a directive
Article 2 – paragraph 1 – point 10

(10) ‘low-carbon hydrogen’ means hydrogen the energy content of which is derived from non-renewable sources, which meets a greenhouse gas emission reduction threshold of 760%;

Amendment 340 #

Claudia GAMON, Emma WIESNER, Klemen GROŠELJ, Christophe GRUDLER

Proposal for a directive
Article 2 – paragraph 1 – point 11

(11) ‘low-carbon gas’ means the part of gaseous fuels in recycled carbon fuels as defined in Article 2, point (35) of Directive (EU) 2018/2001, low-carbon hydrogen and synthetic gaseous fuels the energy content of which is derived from low-carbon hydrogen, which meet the greenhouse gas emission reduction threshold of 70%.deleted

Amendment 341 #

Proposal for a directive
Article 2 – paragraph 1 – point 11

(11) ‘low-carbon gas’ means the part of gaseous fuels in recycled carbon fuels as defined in Article 2, point (35) of Directive (EU) 2018/2001, low-carbon hydrogen and synthetic gaseous fuels the energy content of which is derived from low-carbon hydrogen, which meet the life-cycle greenhouse gas emission reduction threshold of 70% compared to the fossil fuel comparator of 94g CO2eq/MJ set out in Directive (EU) 2018/2001.

Amendment 342 #

Proposal for a directive
Article 2 – paragraph 1 – point 11

(11) ‘"non-renewable low-carbon gas’ means the ~~part of gaseous fuels in recycled carbon fuels as defined in Article 2, point (35) of Directive (EU) 2018/2001,~~non-renewable low-carbon hydrogen and synthetic gaseous fuels the energy content of which is derived from non-renewable low-carbon hydrogen, which meet the greenhouse gas emission reduction threshold of 780% compared to the fossil fuel comparator 94g CO2eq/MJ set out in Directive (EU) 2018/2001, Annex V.C.19.

Amendment 343 #

Proposal for a directive
Article 2 – paragraph 1 – point 11 a (new)

(11 a) ‘waste gas’ means a gas containing incompletely oxidised carbon in a gaseous state under standard conditions which is a result of any of the processes listed in point (10), where ‘standard conditions’ means temperature of 273,15 K and pressure conditions of 101 325 Pa defining normal cubic meters (Nm3) according to Article 3(52) of Commission Implementing Regulation (EU) 2018/2066.

Amendment 344 #

Proposal for a directive
Article 2 – paragraph 1 – point 11 a (new)

(11 a) ‘waste gas’ means a gas containing incompletely oxidised carbon in a gaseous state under standard conditions which is a result of any of the processes listed in point (10), where ‘standard conditions’ means temperature of 273,15 K and pressure conditions of 101 325 Pa defining normal cubic meters (Nm3)according to Article 3(52) of Commission Implementing Regulation (EU) 2018/2066.

Amendment 345 #

Proposal for a directive
Article 2 – paragraph 1 – point 12

Amendment 346 #

Proposal for a directive
Article 2 – paragraph 1 – point 12

(12) ‘low-carbon fuels’ means recycled carbon fuels as defined in Article 2 of Directive (EU) 2018/2001, low-carbon hydrogen and synthetic gaseous and liquid fuels the energy content of which is derived from low-carbon hydrogen, which meet the greenhouse gas emission reduction threshold of 70% and waste gases as defined in Article 2(11) of Delegated Regulation of the Commission XX/XX on Transitional Union-wide rules for harmonised free allocation of emission allowances.

Amendment 347 #

Claudia GAMON, Emma WIESNER, Klemen GROŠELJ, Christophe GRUDLER

Proposal for a directive
Article 2 – paragraph 1 – point 11 a (new)

Amendment 348 #

Proposal for a directive
Article 2 – paragraph 1 – point 12

(12) ‘low-carbon fuels’ means recycled carbon fuels as defined in Article 2 of Directive (EU) 2018/2001, low-carbon hydrogen and synthetic gaseous and liquid fuels the energy content of which is derived from low-carbon hydrogen, which meet the greenhouse gas emission reduction threshold of 70% compared to the fossil fuel comparator of 94g CO2eq/MJ set out in Directive (EU) 2018/2001.

Amendment 349 #

Proposal for a directive
Article 2 – paragraph 1 – point 12

(12) ‘low-carbon fuels’ means recycled carbon fuels as defined in Article 2 of Directive (EU) 2018/2001, low-carbon hydrogen and synthetic gaseous and liquid fuels the energy content of which is derived from low-carbon hydrogen, which meet the greenhouse gas emission reduction threshold of 70%. that is equal to that of ‘low-carbon hydrogen’ in point (10) of this Article;

Amendment 350 #

Proposal for a directive
Article 2 – paragraph 1 – point 12

(12) ~~‘low-carbon fuels’ means recycled carbon fuels as defined in Article 2 of Directive (EU) 2018/2001, low-carbon~~"non-renewable low-carbon fuels’ means non-renewable hydrogen and synthetic gaseous and liquid fuels the energy content of which is derived from non-renewable low-carbon hydrogen, which meet the greenhouse gas emission reduction threshold of 780% compared to the fossil fuel comparator 94g CO2eq/MJ set out in Directive (EU) 2018/2001, Annex V.C.19.

Amendment 351 #

Proposal for a directive
Article 2 – paragraph 1 – point 12

Amendment 352 #

Proposal for a directive
Article 2 – paragraph 1 – point 14

(14) ‘natural gas undertaking’ means a natural or legal person carrying out production, transmission, distribution, supply, purchase or storage of natural gas, including LNG, and biomethane, including its liquefied form, and which is responsible for the commercial, technical or maintenance tasks related to those functions, but not including final customers;

Amendment 353 #

Proposal for a directive
Article 2 – paragraph 1 – point 16

(16) ‘transmission’ means the transport of natural gas and biomethane through a network, which mainly contains high- pressure pipelines, other than an upstream pipeline network and other than the part of high-pressure pipelines primarily used in the context of local distribution of natural gas and biomethane, with a view to its delivery to customers, but not including supply;

Amendment 354 #

Proposal for a directive
Article 2 – paragraph 1 – point 16

Amendment 355 #

Proposal for a directive
Article 2 – paragraph 1 – point 18

(18) ‘distribution’ means the transport of natural gas and biomethane through local or regional pipeline networks with a view to its delivery to customers, but not including supply;

Amendment 356 #

Proposal for a directive
Article 2 – paragraph 1 – point 18

(18) ‘distribution’ means the transport of natural gas and biomethane through local or regional pipeline networks with a view to its delivery to customers, but not including supply;

Amendment 357 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Article 2 – paragraph 1 – point 20

(20) ‘hydrogen network’ means a network of pipelines used for the transport of hydrogen of a high grade of purity with a view to its delivery to customers irrespective of transmission or distribution, but not including supply;

Amendment 358 #

Proposal for a directive
Article 2 – paragraph 1 – point 20

(20) ‘hydrogen network’ means a network of pipelines, both onshore and offshore, used for the transport of hydrogen of a high grade of purity with a view to its delivery to customers, but not including supply;

Amendment 359 #

Proposal for a directive
Article 2 – paragraph 1 – point 20

(20) ‘hydrogen network’ means a network of pipelines ~~used for the transport of hydrogen of a high grade of purity with a view to its delivery to customers~~connected to the backbone transmission infrastructure used for the transport of hydrogen, but not including supply;

Amendment 360 #

Proposal for a directive
Article 2 – paragraph 1 – point 21

(21) ‘hydrogen transport’ means the transport of hydrogen through a hydrogen network with a view to its delivery to customers, but not including supply, irrespective of t~~he pressure~~ransmission or distribution, the geographic coverage or the connected customer group of the network;

Amendment 361 #

Proposal for a directive
Article 2 – paragraph 1 – point 21 a (new)

(21 a) ‘hydrogen transmission’ means the transport of hydrogen through a network, which mainly contains high- pressure pipelines, including those used in the context of local transport, with a view to its delivery to customers, but not including supply;

Amendment 362 #

Proposal for a directive
Article 2 – paragraph 1 – point 21 b (new)

(21 b) ‘hydrogen distribution’ means the local transport of hydrogen, mainly through pipeline networks with low- pressures with a view to its delivery to customers or with a view to its delivery to a hydrogen transmission network, but not including supply;

Amendment 363 #

Proposal for a directive
Article 2 – paragraph 1 – point 22 a (new)

(22 a) ‘hydrogen transmission network operator’ is a hydrogen network operator that carries out hydrogen transmission;

Amendment 364 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Cristian-Silviu BUŞOI, Christian EHLER, Maria da Graça CARVALHO

Proposal for a directive
Article 2 – paragraph 1 – point 22 b (new)

(22 b) ‘hydrogen distribution network operator’ is a hydrogen network operator that carries out hydrogen distribution;

Amendment 365 #

Proposal for a directive
Article 2 – paragraph 1 – point 24 a (new)

(24 a) ‘hydrogen supply undertaking’ means any natural or legal person who carries out the function of hydrogen supply;

Amendment 366 #

Proposal for a directive
Article 2 – paragraph 1 – point 30 a (new)

(30 a) 'tolling scheme' means a business model where the facility operator provides a service (operates the facility for the benefit of the user) for a service fee and does not sell product, based on a service contract concluded between the facility operator and the user, according to which the facility operator produces hydrogen or synthetic gas for the user whereby the user acquires first ownership over the product. Under this scheme a user gains access to use a facility by means of payment of a tolling fee to the facility’s operator, and takes ownership of the produced commodity, and thereby the facility’s operator does not engage in activities of supply and trading.

Amendment 367 #

Proposal for a directive
Article 2 – paragraph 1 – point 30 a (new)

(30 a) 'tolling model' means a business model where a user gains access to use a facility bymeans of payment of a tolling fee to the facilities owner or operator;

Amendment 368 #

Proposal for a directive
Article 2 – paragraph 1 – point 35

(35) ‘direct line’ means a natural gas, renewable gas and hydrogen pipeline complementary to the interconnected system;

Amendment 369 #

Proposal for a directive
Article 2 – paragraph 1 – point 35 a (new)

(35 a) ‘network reinforcement’ means pipelines, physical equipment, facility or digital solutions aiming to enable transmission system operators and/or distribution system operators to accommodate more domestic renewable gas production into the existing transmission and the distribution systems they operate;

Amendment 370 #

Proposal for a directive
Article 2 – paragraph 1 – point 41

Directive 2009/73/EC
Article 2 – paragraph 1 – point 41

(41) ‘customer’ means a wholesale or final customer of gases or a ~~natural~~ gas or hydrogen undertaking which purchases gases ;

Amendment 371 #

Andreas GLÜCK, Nicola BEER, Bart GROOTHUIS, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a directive
Article 2 – paragraph 1 – point 48

(48) ‘security’ means both security of supply to fully satisfy the demand of natural gas and technical safety;

Amendment 372 #

Proposal for a directive
Article 2 – paragraph 1 – point 48

(48) ‘security’ means both security of supply of ~~natural~~ gases and technical safety;

Amendment 373 #

Proposal for a directive
Article 2 – paragraph 1 – point 53

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

Amendment 374 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 2 – paragraph 1 – point 53

(53) ‘entry-exit system’ means ~~the aggregation of all transmission and distribution systems to which one specific balancing regime applie~~an access model for natural gas or hydrogen networks where network users can book capacity rights independently at entry and exit points;

Amendment 375 #

Proposal for a directive
Article 2 – paragraph 1 – point 53

(53) ‘entry-exit system’ means the aggregation of all transmission and distribution systems or all hydrogen networks to which one specific balancing regime applies;

Amendment 376 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 2 – paragraph 1 – point 54

(54) ‘balancing zone’ means an entry- exit system to which a specific balancing regime is appliescable and which may include distribution systems or part of them;

Amendment 377 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 2 – paragraph 1 – point 55

(55) ‘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 378 #

Proposal for a directive
Article 2 – paragraph 1 – point 56

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

Amendment 379 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 2 – paragraph 1 – point 57

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

Amendment 380 #

Claudia GAMON, Emma WIESNER

Amendment 381 #

Proposal for a directive
Article 2 – paragraph 1 – point 70

Amendment 382 #

Proposal for a directive
Article 2 – paragraph 1 – point 70 – introductory part

(70) ‘~~citizen~~renewable energy community’ means ~~a legal entity that:~~renewable energy community as defined in Directive (EU) 2018/2001, Article 2, point (16) ;

Amendment 383 #

Proposal for a directive
Article 2 – paragraph 1 – point 70 – point a

~~(a) is based on voluntary and open participation and is effectively controlled by members or shareholders that are natural persons, local authorities, including municipalities, or small enterprises;~~deleted

Amendment 384 #

Proposal for a directive
Article 2 – paragraph 1 – point 70 – point b

(b) has for its primary purpose to provide environmental, economic or social community benefits to its members or shareholders or to the local areas where it operates rather than to generate financial profits; andeleted

Amendment 385 #

Andreas GLÜCK, Nicola BEER, Bart GROOTHUIS, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a directive
Article 2 – paragraph 1 – point 70 – point c

(c) engages in production, distribution, supply, consumption, or storage of renewable gas in the natural gas system, or provides energy efficiency services or maintenance services to its members or shareholders;deleted

Amendment 386 #

Proposal for a directive
Article 2 – paragraph 1 – point 70 – point c

(c) engages in production, distribution, supply, consumption, or storage of renewable or low-carbon gas in the natural gas or hydrogen system, or provides energy efficiency services or maintenance services to its members or shareholders;

Amendment 387 #

Proposal for a directive
Article 2 – paragraph 1 – point 70 – point c

Amendment 388 #

Proposal for a directive
Article 2 – paragraph 1 – point 70 – point c

(c) engages in production, distribution, supply, consumption, or storage of renewable - and biogas in the natural gas system, or provides energy efficiency services or maintenance services to its members or shareholders;

Amendment 389 #

Andreas GLÜCK, Nicola BEER, Bart GROOTHUIS, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a directive
Article 2 – paragraph 1 – point 71

(71) ‘renewable-gas active customer’ means a non-household final natural gas customer in the agricultural or public sector, or a group of jointly acting non- household final natural gas customers, who consumes or stores renewable gas, produced within its premises located within confined boundaries or, where permitted by a Member State, within other premises, or who sells self-produced renewable gas using the natural gas system, or participates in ~~energy efficiency~~demand shifting schemes, provided that those activities do not constitute its primary commercial or professional activity;

Amendment 390 #

Proposal for a directive
Article 2 – paragraph 1 – point 71

(71) ‘active customer’ means a final ~~natural gas customer~~customer of gases, or a group of jointly acting final ~~natural gas customer~~customers of gases, who consumes or stores renewable or low- carbon gas, produced within its premises located within confined boundaries or, where permitted by a Member State, within other premises, or who sells self-produced renewable or low-carbon gas using the natural gas or hydrogen system, or participates in energy efficiency schemes, provided that those activities do not constitute its primary commercial or professional activity;

Amendment 391 #

(71) ‘active customer’ means a final natural gas or hydrogen customer, or a group of jointly acting final natural gas or hydrogen customers, who consumes or stores renewable gas, produced within its premises located within confined boundaries or, where permitted by a Member State, within other premises, or who sells self-produced ~~renewable~~ gas using the natural gas or hydrogen system, or participates in energy efficiency schemes, provided that those activities do not constitute its primary commercial or professional activity;

Amendment 392 #

Proposal for a directive
Article 2 – paragraph 1 – point 71

(71) ‘active customer’ means a final ~~natural~~ gas customer, or a group of jointly acting final ~~natural~~ gas customers, who consumes or stores renewable gas, produced within its premises located within confined boundaries or, where permitted by a Member State, within other premises, or who sells self-produced renewable gas using the ~~natural~~ gas system, or participates in energy efficiency schemes, provided that those activities do not constitute its primary commercial or professional activity;

Amendment 393 #

Proposal for a directive
Article 2 – paragraph 1 – point 71

(71) ‘active customer’ means a final ~~natural~~ gases customer, or a group of jointly acting final ~~natural~~ gases customers, who consumes or stores renewable gas, produced within its premises located within confined boundaries or, where permitted by a Member State, within other premises, or who sells self-produced renewable gas using the natural gas system, or participates in energy efficiency schemes, provided that those activities do not constitute its primary commercial or professional activity;

Amendment 394 #

Proposal for a directive
Article 2 – paragraph 1 – point 71 a (new)

(71 a) ‘energy efficiency first’ means ‘energy efficiency first’ as defined in Regulation (EU) 2018/1999, Article 2, point 18, in Directive ... [Energy Efficiency Directive] and in Commission Recommendation of 28 September 2021 on Energy Efficiency First: from principles to practice: Guidelines and examples for its implementation in decision-making in the energy sector and beyond..

Amendment 395 #

Proposal for a directive
Article 2 – paragraph 1 – point 71 a (new)

(71 a) ‘regulated energy conversion’ means conversion of electrical energy into a form of energy which can be stored upon the payment of a regulated ‘conversion fee’ to the transmission system operator.

Amendment 396 #

Proposal for a directive
Article 2 – paragraph 1 – point 71 a (new)

Amendment 397 #

Proposal for a directive
Article 2 – paragraph 1 – point 71 a (new)

(71 a) 'energy efficiency first’ means ‘energy efficiency first’ as defined in Article2, point (18) of Regulation (EU) 2018/1999.

Amendment 398 #

Proposal for a directive
Article 2 – paragraph 1 – point 71 b (new)

(71 b) energy system integration’ has the meaning given to it in the Commission Communication of 8 July 2020 on Powering aclimate-neutral economy: An EU Strategy for Energy System Integration, COM (2020) 299 final and the European Parliament resolution of 19 May 2021 on a European strategy for energy system integration (2020/2241(INI).

Amendment 399 #

Proposal for a directive
Article 2 – paragraph 1 – point 71 b (new)

(71 b) 'Union climate and energy targets’ means those targets and enforceable obligations set forth in Regulation (EU) 2021/1119, Regulation (EU) 2018/1999, [Commission proposal to revise the EED], [Commission proposal to revise the EPBD] and [Commission proposal to revise the RED].

Amendment 400 #

Proposal for a directive
Article 2 – paragraph 1 – point 71 b (new)

(71 b) ‘regulated energy conversionfacility’ means a facility where regulated energy conversion occurs and whereby access to the facility is granted on a third party access basis.

Amendment 401 #

Proposal for a directive
Article 2 – paragraph 1 – point 71 b (new)

(71 b) ‘regulated energy conversion facility’ means a facility where regulated energy conversion occurs and whereby access to the facility is granted on a third party access basis.

Amendment 402 #

Proposal for a directive
Article 2 – paragraph 1 – point 71 c (new)

(71 c) ‘conversion fee’ means a regulated payment that a market user pays to the transmission system operator or to the hydrogen network operator to feed electricity into the facility and receive hydrogen in return. The transmission system operator or the hydrogen network operator owns the regulated energy conversion facility and provides an infrastructure service without engaging neither in trading nor supply of hydrogen. Access to the facilities take place on a third party access basis

Amendment 403 #

Proposal for a directive
Article 2 – paragraph 1 – point 71 c (new)

(71 c) ‘Union climate and energy targets’ means those targets and enforceable obligations set forth in Regulation (EU)2021/1119, Regulation (EU) 2018/1999, [Commission proposal to revise the EED], [Commission proposal to revise the EPBD]and [Commission proposal to revise the RED].

Amendment 404 #

Proposal for a directive
Article 2 – paragraph 1 – point 71 c (new)

Amendment 405 #

Proposal for a directive
Article 2 – paragraph 1 – point 71 c (new)

(71 c) 'public’ means public as defined in Regulation(EC) No 1367/2006, Article 2, point (b).

Amendment 406 #

Proposal for a directive
Article 2 – paragraph 1 – point 71 d (new)

(71 d) ‘network related component’ means components that are integrated in the transmission system, distribution system or hydrogen network and that are used for the purpose of ensuring a secure and reliable operation of the transmission or distribution system or hydrogen system as well as for minimising whole system costs through sector coupling solutions, including Redispatching activities, as referred to in Regulation (EU) 2019/943, Article 13, where the regulatory authority has granted its approval;

Amendment 407 #

Proposal for a directive
Article 2 – paragraph 1 – point 71 d (new)

(71 d) ‘network related component’ means components that are integrated in the transmission system, distribution system or hydrogen network and that are used for the purpose of ensuring a secure and reliable operation of the transmission or distribution system or hydrogen system as well as for minimizing whole system costs through sector coupling solutions, including redispatching activities, as referred to in Regulation (EU) 2019/943, Article 13, where the regulatory authority has granted its approval;

Amendment 408 #

Proposal for a directive
Article 2 – paragraph 1 – point 71 d (new)

(71 d) ‘low-temperature industrial heat’ means thermal energy used by the industrial sector for any purpose, including space heating, water heating, steam production, heat treatments of intermediate goods, etc., for any application requiring a maximum temperature of 200 degrees Celsius or lower and for the production of products that fall under sections B, C, F and J, division (63) of the statistical classification of economic activities (NACE REV.2);

Amendment 409 #

Proposal for a directive
Article 2 – paragraph 1 – point 71 d (new)

(71 d) ‘public’ means public as defined in Regulation (EC) No 1367/2006, Article 2, point (b) .

Amendment 410 #

Proposal for a directive
Article 2 – paragraph 1 – point 71 e (new)

(71 e) ‘medium-temperature industrial heat’ means thermal energy used by the industrial sector for any industrial process application requiring a maximum temperature greater than 200 degrees Celsius and no higher than 500 degrees Celsius and for the production of products that fall under sections B, C, F and J, division (63) of the statistical classification of economic activities (NACE REV.2);

Amendment 411 #

Proposal for a directive
Article 2 – paragraph 1 – point 71 f (new)

(71 f) 'hydrogen ready’ means infrastructure ready to accommodate pure hydrogen without further adaptation works, including pipeline networks or storage facilities that are newly constructed, repurposed from natural gas assets, or both;

Amendment 412 #

Proposal for a directive
Article 2 – paragraph 1 – point 71 g (new)

(71 g) ‘repurposing’ means the technical upgrading or modification of existing natural gas infrastructure in order to ensure that it is dedicated for the use of pure hydrogen;

Amendment 413 #

Proposal for a directive
Article 3 – paragraph 1

Directive 2009/73/EC
Article 3 – paragraph 1

1. Member States shall ensure that all customers are free to purchase gases from the supplier of their choice and shall ensure that all customers are free to have more than one supply contract for natural gas, renewable gas or hydrogen at the same time, provided that the required connection and metering points are established and sufficient technical safety conditions are in place.

Amendment 414 #

Proposal for a directive
Article 3 – paragraph 2

2. Member States shall ensure that their national law does promotes a highly energy efficient and fully renewables- based energy market, not unduly hamper cross-border trade in gases, the phase out of fossil gas use and assets, the functioning and emergence of liquid trading for gases, consumer participation, investments into, in particular, renewable ~~and low carbon~~ gases, or energy storage between Member States, and shall ensure that prices for gases reflect actual demand and supply and do not discriminate against non gaseous heating solutions.

Amendment 415 #

Proposal for a directive
Article 3 – paragraph 2

Directive 2009/73/EC
Article 3 – paragraph 2

2. Member States shall ensure that their national law does not unduly hamper cross-border trade in gases, the functioning and emergence of liquid trading for gases, consumer participation, investments into, in particular, renewable and low carbon gases, ~~or energy storage~~ between Member States, and shall ensure that prices for gases reflect actual demand and supply.

Amendment 416 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO

Proposal for a directive
Article 3 – paragraph 4

4. Member States shall ensure that energy undertakings are subject to transparent, proportionate and non- discriminatory rules, fees and treatment, in particular with respect to connection to the network, access to wholesale markets, access to data, switching processes and billing regimes and, where applicable, licensing.

Amendment 417 #

Proposal for a directive
Article 3 – paragraph 4

Amendment 418 #

Markus PIEPER, Christian EHLER

Proposal for a directive
Article 3 – paragraph 4

4. Member States shall ensure that energy undertakings are subject to transparent, proportionate and non- discriminatory rules, fees and treatment, in particular with respect to grid connection, access to wholesale markets, access to data, switching processes and billing regimes and, where applicable, licensing.

Amendment 419 #

Proposal for a directive
Article 3 – paragraph 5 a (new)

5 a. In line with the EU Hydrogen Strategy and the EU Strategy for Energy System Integration, the use of renewable and low-carbon fuels including hydrogen shall, in the early stages of market development, be prioritised for energy- intensive industries, including small and medium-sized enterprises, with the highest greenhouse gas abatement potential that have no other options to decarbonise.

Amendment 420 #

Jerzy BUZEK, Markus PIEPER, Gheorghe FALCĂ, Hildegard BENTELE, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 3 a (new)

Article 3 a EU indicative greenhouse gas intensity reduction target of the 2030 gas supply 1. In order to promote the production of renewable and low carbon gaseous energy the European Commission shall define by 31 December 2023 by means of a Delegated Act, an indicative EU level target for the reduction of the greenhouse gas intensity of gas consumed in the EU by 2030 compared to 2018 level. The Delegated Act should also specify the methodology for calculating the achievement of the target. 2. When setting the indicative target, the Commission shall take into account the combined ambition of the Renewable Energy Directive and REPowerEU as well as requirements of security of supplies and quality requirements for cross-border transmission of natural gas. 3. Member States shall collectively aim at ensuring that the EU indicative greenhouse gas intensity reduction target is met and define by August 2024 their individual national contribution towards the achievement of the target in their National Energy and Climate Plan. 4. When setting their individual national contribution towards the EU level, Member States may do so, by mean of measures such as volumes, energy content or greenhouse gas emissions and shall establish differentiated sectorial approaches. They shall also take into account necessary quality requirements.

Amendment 421 #

Proposal for a directive
Article 3 a (new)

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

Amendment 422 #

Mauri PEKKARINEN

Proposal for a directive
Article 3 a (new)

Article 3 a 1. 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 423 #

Proposal for a directive
Article 4 – paragraph 1

1. Suppliers shall be free to determine the price at which they supply gases to customers. Member States shall take appropriate actions to ensure effective competition between suppliers, as well as ensure a level playing field between gases, electricity and thermal renewables, and to address undue discrimination between final customers.

Amendment 424 #

Proposal for a directive
Article 4 – paragraph 1

1. Suppliers shall be free to determine the price at which they supply gases to customers. Member States shall take appropriate actions to ensure effective competition between suppliers. and fair prices for the final consumers based on real value of the gas and not on market speculations.

Amendment 425 #

Proposal for a directive
Article 4 – paragraph 1 a (new)

1 a. If there is evidence of market abuse in the retail market, the respective National Regulatory Authority shall intervene immediately. It shall also introduce a cap on the margins and profits, which suppliers take unduly on the gas component of the retail price. Member States shall tax windfall profits arising from undue retail prices.

Amendment 426 #

Proposal for a directive
Article 4 – paragraph 2

2. Member States shall ensure the protection of energy poor and vulnerable household customers pursuant to Articles 25 by social policy or by other means ~~than public interventions in the price setting for the supply of gases~~.

Amendment 427 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 4 – paragraph 3

Amendment 428 #

Proposal for a directive
Article 4 – paragraph 3

3. By way of derogation from paragraphs 1 and 2, Member States may apply public interventions in the price setting for the supply of natural gas to energy poor or vulnerable household customers or protected customers as defined in Regulation(EU) 2017/1938. Such public interventions shall be subject to the conditions set out in paragraphs 4 and 5. In the event of unprecedented price increase, interventions that comply with the criteria set out in paragraphs 4 and 5 could be expanded to other limited number of customer groups in order to avoid significant impact on the society.

Amendment 429 #

Proposal for a directive
Article 4 – paragraph 3

Amendment 430 #

Andreas GLÜCK, Nicola BEER, Bart GROOTHUIS, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a directive
Article 4 – paragraph 3

3. By way of derogation from paragraphs 1 and 2, Member States ~~may~~shall apply public interventions in the price setting for the supply of natural gas to energy poor or vulnerable household customers. Such public interventions shall be subject to the conditions set out in paragraphs 4 and 5.

Amendment 431 #

Proposal for a directive
Article 4 – paragraph 3

Amendment 432 #

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

3 a. In the event of unprecedented price increase, interventions that comply with the criteria set out in paragraphs 4 and 5 could be expanded to other limited number of customer groups in order to avoid significant impact on the society.

Amendment 433 #

Proposal for a directive
Article 4 – paragraph 4

4. Public interventions in the price setting for the supply of natural gas shall: (a) pursue a general economic interest and not go beyond what is necessary to achieve that general economic interest; (b) be clearly defined, transparent, non- discriminatory and verifiable; (c) guarantee equal access for Union natural gas undertakings to customers; (d) be limited in time and proportionate as regards their beneficiaries; (e) not result in additional costs for market participants in a discriminatory way.deleted

Amendment 434 #

Proposal for a directive
Article 4 – paragraph 4 – point a

(a) pursue a ~~general~~public economic interest and not go beyond what is necessary to achieve that ~~general~~public economic interest;

Amendment 435 #

Proposal for a directive
Article 4 – paragraph 5

5. Any Member State applying public interventions in the price setting for the supply of natural gas ~~in accordance with paragraph 3 of this Article shall also comply with of Article 3(3), point (d) and with Article 24 of Regulation (EU) 2018/1999, regardless of whether~~at the date of [entry into force of this Directive] shall cede to apply them by [transposition of this Directive] and also comply with of Article 3(3), point (d) and with Article 24 of Regulation (EU) 2018/1999. When the Member State concerned has households in energy poverty, and in addition to paragraph 2 of this Article, an adequate regulatory and financial support framework shall be in place to effectively address energy poverty and vulnerabilities to energy poverty prior to the Mrem~~ber State concerned has a significant number of households in energy poverty.~~ oval of public interventions in the price setting. The support framework shall comprise policies such as social measures, financial and administrative support to invest in energy efficiency and renewable energy technologies, provision of decent and affordable social housing, and availability of rental housing complying with minimum energy performance standards, as well as access to information and advice.

Amendment 436 #

Proposal for a directive
Article 4 – paragraph 6

6. For the purpose of a transition period to establish effective competition for natural gas supply contracts between suppliers, and to achieve fully effective market-based retail pricing of gas in accordance with paragraph 1, Member States may apply public interventions in the price setting for the supply of natural gas to household customers and to microenterprises that do not benefit from public interventions pursuant to paragraph 3.deleted

Amendment 437 #

Proposal for a directive
Article 4 – paragraph 6

6. For the purpose of a transition period to establish effective competition for natural gas supply contracts between suppliers, and to achieve ~~fully effective market-based~~affordable retail pricing of gas in accordance with paragraph 1, Member States may apply public interventions in the price setting for the supply of natural gas to household customers and to microenterprises that do not benefit from public interventions pursuant to paragraph 3.

Amendment 438 #

Proposal for a directive
Article 4 – paragraph 7

7. Public interventions pursuant to paragraph 6 shall comply with the criteria set out in paragraph 4 and shall: (a) be accompanied by a set of measures to achieve effective competition and a methodology for assessing progress with regard to those measures; (b) be set using a methodology that ensures non-discriminatory treatment of suppliers; (c) be set at a price that is above cost, at a level where effective price competition can occur; (d) be designed to minimise any negative impact on the wholesale natural gas market; (e) ensure that all beneficiaries of such public interventions have the possibility to choose competitive market offers and are directly informed at least every quarter of the availability of offers and savings in the competitive market, and shall ensure that they are provided with assistance to switch to a market-based offer; (f) ensure that, pursuant to Articles 18 and 19, all beneficiaries of such public interventions are entitled to, and are offered to, have smart meters installed at no extra upfront cost to the customer, are directly informed of the possibility of installing smart meters and are provided with necessary assistance; (g) not lead to direct cross-subsidisation between customers supplied at free market prices and those supplied at regulated supply prices.deleted

Amendment 439 #

Proposal for a directive
Article 4 – paragraph 7 – point d

~~(d) be designed to minimise any negative impact on the wholesale natural gas market;~~deleted

Amendment 440 #

Proposal for a directive
Article 4 – paragraph 7 – point d

(d) be designed ~~to minimi~~in order to ensure that does not cause any negative impact on the wholesale natural gas market;

Amendment 441 #

Proposal for a directive
Article 4 – paragraph 7 – point e

(e) ensure that all beneficiaries of such public interventions have the possibility to choose competitive market offers and are directly informed at least every quarter of the availability of offers and savings in the competitive market, and ~~shall ensure that~~ they are provided with assistance to switch to a market-based offer;

Amendment 442 #

Proposal for a directive
Article 4 – paragraph 7 – point f

Directive 2009/73/EC
Article 4 – paragraph 7 – point f

(f) ensure that, pursuant to Articles 18 and 19, all beneficiaries of such public interventions are entitled to, and are offered to, have smart meters installed at no extra upfront cost to the customer, are directly informed of the possibility of installing smart meters and are provided with necessary assistance;deleted

Amendment 443 #

Proposal for a directive
Article 4 – paragraph 7 – point f

Amendment 444 #

Proposal for a directive
Article 4 – paragraph 8

8. Member States shall notify the measures taken in accordance with paragraphs 3 and 6 to the Commission within one month after their adoption and may apply them immediately. The notification shall be accompanied by an explanation of why other instruments were not sufficient to achieve the objective pursued, of how the requirements set out in paragraphs 4 and 7 are fulfilled and of the effects of the notified measures on competition. The notification shall describe the scope of the beneficiaries, the duration of the measures and the number of household customers affected by the measures, and shall explain how the regulated prices have been determined.deleted

Amendment 445 #

Proposal for a directive
Article 4 – paragraph 9

9. From 15 March 2025, and every two years thereafter, as part of the integrated national energy and climate progress reports, Member States shall submit reports to the Commission on the implementation of this Article, the necessity and proportionality of public interventions under this Article, and an assessment of the progress towards achieving effective competition between suppliers and the transition to market- based prices. Member States that apply regulated prices in accordance with paragraph 6 shall report on the compliance with the conditions set out in paragraph 7, including on compliance by suppliers that are required to apply such interventions, as well as on the impact of regulated prices on the finances of those suppliers.deleted

Amendment 446 #

Proposal for a directive
Article 4 – paragraph 10

10. The Commission shall review and submit a report to the European Parliament and to the Council on the implementation of this Article for the purpose of achieving market-based retail pricing of natural gas, together with or followed by a legislative proposal, if appropriate. This report may be combined with the report on the implementation of Article 5 of Directive (EU) 2019/944. That legislative proposal may include an end date for regulated prices.deleted

Amendment 447 #

Proposal for a directive
Article 4 – paragraph 10

10. The Commission shall review and submit a report to the European Parliament and to the Council on the implementation of this Article for the purpose of achieving market-based retail pricing of natural gas, together with or followed by a legislative proposal, if appropriate. This report may be combined with the report on the implementation of Article 5 of Directive (EU) 2019/944. ~~That legislative proposal may include an end date for regulated prices.~~

Amendment 448 #

Proposal for a directive
Article 4 a (new)

Article 4 a Exceptional circumstances 1. In circumstances where the gas price is temporarily increasing by more than [100%], with respect to the average price over 12 consecutive months under ordinary circumstances, due to a supply disruption, a threat to a supply disruption, and/or an exceptional geopolitical event, Member States may introduce measures such as investment support to reduce gas consumption such as energy efficiency measures, renovation measures, investments in alternative heating systems, investments in renewable energy technologies or other measures sustainably reducing gas consumption for groups of affected gas customers, also beyond those mentioned in Article 25, notably other households and microenterprises. 2. In parallel, Member States may temporarily provide direct income support or intervene in the retail gas prices for vulnerable households and those in energy poverty for a duration of 3 consecutive months, renewable once, to the extent that the budget of such intervention is limited to 25% of the budget for the reduction of gas consumption spelled out in paragraph 1 of this Article. 3. Public interventions in the price setting for the supply of natural gas shall: (a) pursue a general economic interest and not go beyond what is necessary to achieve that general economic interest; (b) be clearly defined, transparent, non- discriminatory and verifiable; (c) guarantee equal access for Union natural gas undertakings to customers; (d) be limited in time and proportionate as regards their beneficiaries; (e) not result in additional costs for market participants in a discriminatory way; f) do not hamper the transition to an integrated, highly energy efficient and fully renewable based energy system according to the relevant EU targets, legislation and strategies. 4. Public interventions shall : (a) be accompanied by a set of measures to achieve effective competition and a methodology for assessing progress with regard to those measures; (b) be accompanied by a set of public interventions of at least the same financial magnitude supporting beneficiaries in energy efficiency programmes and in switching to renewable energy, other than gas; (c) be set using a methodology that ensures non-discriminatory treatment of suppliers; (d) be set at a price that is above cost, at a level where effective price competition can occur; (e) be designed to minimise any negative impact on the wholesale natural gas market; (f) ensure that all beneficiaries of such public interventions have the possibility to choose competitive market offers and are directly informed at least every quarter of the availability of offers and savings in the competitive market, and shall ensure that they are provided with assistance to switch to a market-based offer; (g) reflect the trend of wholesale prices and be set at a level allowing an efficient supplier to make a reasonable level of return and shall not impede market entry; (h) be accompanied by clear and timely information about market developments such as the phasing out of prices set by public intervention and the availability of and eligibility to access such prices for household customers; (i) not lead to direct cross-subsidisation between customers supplied at free market prices and those supplied at regulated supply prices. 5. Member States shall notify the measures taken in accordance with paragraphs 1-4 to the Commission within one month after their adoption and may apply them immediately for a maximum duration of 3 months. The notification shall be accompanied by a detailed explanation of why other instruments were not sufficient to achieve the objective pursued, of how the requirements set out in paragraphs 3 and 4 are fulfilled and of the effects of the notified measures on competition. The notification shall describe the scope of the beneficiaries among vulnerable households and those in energy poverty, as was as potential other beneficiaries, and the number of household customers affected by the measures, and shall explain how the regulated prices have been determined. 6. From [date of entry into force], and every two years thereafter, as part of the integrated national energy and climate progress reports, Member States shall submit reports to the Commission on the implementation of this Article, the necessity and proportionality of public interventions under Article 4 and 4a, and an assessment of the progress towards achieving effective competition between suppliers and the transition to market- based prices. Member States that apply regulated prices in accordance with Article4a shall report on the compliance with the conditions set out in paragraphs3and 4, including on compliance by suppliers that are required to apply such interventions, as well as on the impact of regulated prices on the finances of those suppliers. 7. The Commission shall review and submit a report to the European Parliament and to the Council on the implementation of this Article for the purpose of achieving market-based retail pricing of natural gas, together with or followed by a legislative proposal, if appropriate. The report shall include an assessment of the impact of these measures on the progress of achieving climate neutrality and objectives in relevant energy legislations. This report may be combined with the report on the implementation of Article 5of Directive (EU) 2019/944. That legislative proposal may include an end date for all regulated prices.

Amendment 449 #

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall ensure, on the basis of their institutional organisation and with due regard to the principle of subsidiarity, that, without prejudice to paragraph 2, natural gas and hydrogen undertakings are operated in accordance with the principles of this Directive with a view to achieving a competitive, secure and environmentally sustainable market in gases , and shall not discriminate between those undertakings as regards their rights or obligations and not discriminate against undertakings fulfilling the same services on a renewable basis or through direct renewable electrification.

Amendment 450 #

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

Proposal for a directive
Article 5 – paragraph 2

2. Having full regard to the relevant provisions of the TFEU , in particular Article 106 thereof, Member States may impose on natural gas and hydrogen undertakings , in the general economic interest, public service obligations which may relate to security, including security of supply, regularity, and quality of supplies, and environmental protection, including energy efficiency, energy from renewable sources and climate protection, including decommissioning of assets and mandates to swift away from or reduce gas consumption. Such obligations shall be clearly defined, transparent, non- discriminatory, verifiable and shall guarantee equality of access for natural gas undertakings and hydrogen undertakings of the Union to national consumers. In relation to security of supply, energy efficiency/demand-side management and for the fulfilment of environmental goals and goals for energy from renewable sources, as referred to in this paragraph, Member States may introduce the implementation of long-term planning, taking into account the possibility of third parties seeking access to the system.

Amendment 451 #

Proposal for a directive
Article 5 – paragraph 2

2. Having full regard to the relevant provisions of the TFEU , in particular Article 106 thereof, Member States may impose on natural gas and hydrogen undertakings , in the general economic interest, public service obligations which may relate to security, including security of supply, regularity, ~~and~~ quality and price of supplies, and environmental protection, including energy efficiency, energy from renewable sources and climate protection. Such obligations shall be clearly defined, transparent, non-discriminatory, verifiable and shall guarantee equality of access for natural gas undertakings and hydrogen undertakings of the Union to national consumers. Public service obligations which concern the price setting for the supply of gases shall comply with the requirements set out in Article 4 of this Directive.

Amendment 452 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ, Andreas GLÜCK

Proposal for a directive
Article 5 – paragraph 2

Amendment 453 #

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

Proposal for a directive
Article 5 – paragraph 2

Amendment 454 #

3. Public service obligations related to the security of gas supply shall not go beyond what is necessary to ensure compliance with the gas supply standards pursuant to Article 6 of Regulation (EU) 2017/1938 and shall be coherent with the results of the national risk assessments carried out pursuant to Article 7(3), as detailed in the Preventive Action Plans prepared pursuant to Article 9(1), points (c),(d) and (k) of the same Regulation.deleted

Amendment 455 #

Proposal for a directive
Article 5 – paragraph 5 a (new)

5 a. Any public service obligation or measure imposed or adopted pursuant to this Article shall also promote the energy efficiency first principle, further energy system integration, contribute to the prudent and rational utilisation of natural resources, contribute to achieving the Union’s climate and energy targets and the Member State’s national energy and climate plan and long-term strategy adopted under Regulation (EU) 2018/1999, and enable the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030,compared to 2015.

Amendment 456 #

Claudia GAMON, Martin HOJSÍK, Emma WIESNER

Proposal for a directive
Article 5 – paragraph 5 a (new)

5 a. Any public service obligation or measure imposed or adopted pursuant to this Article shall also promote the energy efficiency first principle, further energy system integration, contribute to the prudent and rational utilisation of natural resources, contribute to achieving the Union’s climate and energy targets and the Member State’s national energy and climate plan and long-term strategy adopted under Regulation (EU) 2018/1999, and enable the phase-out of fossil gas by 2035, and the gas switch plans according to Article 11a new.

Amendment 457 #

Proposal for a directive
Article 5 – paragraph 5 a (new)

5 a. Any public service obligation or measure imposed or adopted pursuant to this article shall promote energy system integration, contribute to achieving the Union’s climate and energy targets and the Member State’s national energy and climate plan and long-term strategy adopted under Regulation (EU) 2018/1999, and enable the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030, compared to 2015

Amendment 458 #

Claudia GAMON, Martin HOJSÍK, Christophe GRUDLER, Klemen GROŠELJ

Proposal for a directive
Article 5 – paragraph 5 b (new)

5 b. Member States shall consult relevant stakeholders when imposing or adopting a public service obligation or measure pursuant to this article. Without prejudice to other consultation or transparency provisions set forth in Union or the Member State’s laws, when engaging in such consultations the Member State shall comply with the following: a. The consultations shall take place at an early stage and in an open, inclusive and transparent manner, involving at least the following stakeholders: i. relevant market participants, ii. regulatory authorities and other relevant regional, local, urban and national authorities, iii. supply and production undertakings, iv. network users including consumer organisations, v. transmission system operators, vi. distribution system operators, vii. relevant industry associations and economic and social partners, including associations involved in electricity, gas and hydrogen markets, heating and cooling, independent aggregators, energy storage operators, demand-response operators and organisations involved in energy efficiency solutions, and viii. research organisations and universities, where applicable.

Amendment 459 #

Proposal for a directive
Article 5 – paragraph 5 b (new)

5 b. Member States shall notify the public of their intent to impose a public service obligation or adopt a measure as contemplated by this Article early, when all options are still open. Such notice shall explain: a. the objectives to be served by the public service obligation or measure, b. why the public service obligation or measure is necessary to achieve the stated objectives c. how the public service obligation or measure contributes to achieving the Union’s climate and energy targets and the Member State’s national energy and climate plan and long-term strategy adopted under Regulation (EU) 2018/1999, and enable the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030, compared to 2015, d. the possible effect of the public service obligation or measure on national and international competition, ande. whether the public service obligation or measure requires a derogation from the provisions of this Directive

Amendment 460 #

Proposal for a directive
Article 5 – paragraph 5 b (new)

5 b. Member States shall notify the public of their intent to impose a public service obligation or adopt a measure as contemplated by this Article early, when all options are still open. Such notice shall explain: a. the objectives to be served by the public service obligation or measure, b. why the public service obligation or measure is necessary to achieve the stated objectives, c. how the public service obligation or measure contributes to achieving the Union’s climate and energy targets and the Member State’s national energy and climate plan and long-term strategy adopted under Regulation (EU) 2018/1999, and enable the phase-out of fossil gas by 2035 and related gas switch plans. d. the possible effect of the public service obligation or measure on the national budget. i.e. the costs of the measure, as well as the possible effect on national and international competition, and e. whether the public service obligation or measure requires a derogation from the provisions of this Directive.

Amendment 461 #

Proposal for a directive
Article 5 – paragraph 5 c (new)

5 c. Member States shall consult the public and relevant stakeholders when imposing or adopting a public service obligation or measure pursuant to this Article. Without prejudice to other consultation or transparency provisions set forth in Union or the Member State’s laws, when engaging in such consultations the Member State shall comply with the following: a. The consultations shall be effective and extensive and shall take place at an early stage and in an open, inclusive and transparent manner, involving the public and at least the following stakeholders: a. relevant market participants, b. regulatory authorities and other relevant regional, local, urban and national authorities, c. supply and production undertakings, d. trade unions and workers' representatives. e. network users including customers, as well as consumers' associations. f. transmission system operators, g. distribution system operators, h. relevant industry associations and economic and social partners, including associations involved in electricity, gas and hydrogen markets, heating and cooling, independent aggregators, demand-response operators and organisations involved in energy efficiency solutions, i. research organisations and universities, where appropriate, and j. other relevant stakeholder platforms. b. Consultations shall aim at identifying the views and proposals of all relevant parties during the decision-making process. c. All documents and minutes of meetings related to the consultations shall be made public. d. Before the Member State imposes or adopts a public service obligation or measure, it shall duly explain how the observations received during the consultation have been taken into consideration. It shall also duly justify all instances where observations have not been taken into account, or have only partially been taken into account. e. To ensure early and effective participation, Member States shall always publish a draft decision to impose or adopt a public service obligation or measure, for comment by the public and the stakeholders referenced above. Member States shall ensure that the public and such stakeholders are informed in a timely, adequate, and effective manner, including through public notices and electronic media, of: a. the draft decision being developed, b. all background documents and other information used for development of the draft decision, c. a non-technical summary of the information referred to under points (a) and (b), and d. practical arrangements for participating, including a timetable for the decision to be made, the entities from which relevant information may be obtained and comments may be submitted, reasonable time-frames allowing sufficient time for the public to be informed and to prepare and participate effectively in the decision-making process, and an explanation of the information made available or to be made available during the consultation.

Amendment 462 #

Proposal for a directive
Article 5 – paragraph 5 c (new)

Amendment 463 #

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

Proposal for a directive
Article 5 – paragraph 5 c (new)

5 c. All documents and minutes of meetings related to the consultations shall be made publicly available.

Amendment 464 #

Proposal for a directive
Article 5 – paragraph 5 d (new)

5 d. Before the Member State imposes or adopts a public service obligation or measure, it shall duly explain how the observations received during the consultation have been taken into consideration. It shall also duly justify all instances where observations have not been taken into account, or have only partially been taken into account. To ensure early and effective participation, Member States shall always publish a draft decision to impose or adopt a public service obligation or measure, for comment by the public and the stakeholders referenced above. Member States shall ensure that the public and such stakeholders are informed in a timely, adequate, and effective manner, including through public notices and electronic media, of: a. the draft decision being developed, b. all background documents and other information used for development of the draft decision, c. a non-technical summary of the information referred to under points (i) and (ii), and d. practical arrangements for participating, including a timetable for the decision to be made, the entities from which relevant information may be obtained and comments may be submitted, reasonable time-frames allowing sufficient time for the public to be informed and to prepare and participate effectively in the decision-making process, and an explanation of the information made available or to be made available during the consultation.

Amendment 465 #

Proposal for a directive
Article 6 – paragraph 1

1. Member States as well as the regulatory authorities shall cooperate with each other for the purpose of integrating their national markets at one and more regional levels, towards the creation of regional markets, where Member States as well regulatory authorities so decided, and further towards the creation of a fully liberalised internal market. In particular, the regulatory authorities where Member States have so provided or Member States shall promote and facilitate the cooperation of natural gas transmission system operators and hydrogen network operators at a regional level, including on cross- border issues ~~, with the aim of creating a competitive internal market for gases , foster the c~~and decommissioning of assets, with the aim of ensuring cost- effective decarbonsis~~tency of their legal, regulatory and technical framework and facilitate integration of the isolated systems forming gas islands that persist in the Union~~ ation and continued competition during scaling down of the system. The geographical areas covered by such regional cooperation shall include cooperation in geographical areas defined in accordance with Article 28(3) of Regulation (EC) . Such cooperation may cover other geographical areas. Where the Commission considers that the rules at Union level are relevant for the regional integration of markets for gases, it shall provide appropriate guidance taking into account the specificities of these markets and the impact on neighbouring markets.

Amendment 466 #

Proposal for a directive
Article 6 – paragraph 1

1. Member States as well as the regulatory authorities shall cooperate with each other for the purpose of integrating their national markets at one and more regional levels, towards the creation of regional markets, where Member States as well regulatory authorities so decided, and further towards the creation of a fully liberalised internal market. In particular, the regulatory authorities where Member States have so provided or Member States shall promote and facilitate the cooperation of natural gas transmission system operators and hydrogen network operators at a regional level, including on cross- border issues , with the aim of creating a competitive internal market for gases , foster the consistency of their legal, regulatory and technical framework and facilitate integration of the isolated systems forming gas islands that persist in the Union . The geographical areas covered by such regional cooperation shall include cooperation in geographical areas defined in accordance with Article 28(3) of Regulation (EC) . Such cooperation may cover other geographical areas. Where the Commission considers that the rules at Union levelare relevant for the regional integration of markets for gases, it shall provide appropriate non-binding guidance taking into account the specificities of these markets and the impact on neighbouring markets.

Amendment 467 #

Proposal for a directive
Article 6 – paragraph 1

1. Member States as well as the regulatory authorities shall cooperate with each other for the purpose of integrating their national markets at one and more regional levels, towards the creation of regional markets, where Member States as well regulatory authorities so decided, and further towards the creation of a fully liberalised internal market. In particular, the regulatory authorities where Member States have so provided or Member States shall promote and facilitate the cooperation of natural gas transmission system operators and hydrogen network operators at a regional level, including on cross- border issues , with the aim of creating a competitive internal market for gases , foster the consistency of their legal, regulatory and technical framework and facilitate integration of the isolated systems forming gas islands that persist in the Union . The geographical areas covered by such regional cooperation shall include cooperation in geographical areas defined in accordance with Article 28(3) of Regulation (EC) . Such cooperation may cover other geographical areas. Where the Commission considers that the rules at Union levelare relevant for the regional integration of markets for gases, it shall provide appropriate non-binding guidance taking into account the specificities of these markets and the impact on neighbouring markets.

Amendment 468 #

Proposal for a directive
Article 6 – paragraph 2

Directive 2009/73/EC
Article 6 – paragraph 2

2. The Agency for the Cooperation of Energy Regulators (‘ACER ’) shall cooperate with regulatory authorities and transmission system operators to ensure the compatibility of regulatory frameworks between and within the regions with the aim of creating a competitive internal market in gases ~~. Where ACER considers that binding rules on such cooperation are required, it shall make appropriate recommendations~~.

Amendment 469 #

Andreas GLÜCK, Nicola BEER, Bart GROOTHUIS, Klemen GROŠELJ, Mauri PEKKARINEN, Susana SOLÍS PÉREZ

Proposal for a directive
Article 6 – paragraph 2

2. The Agency for the Cooperation of Energy Regulators (‘ACER ’) shall cooperate with regulatory authorities and transmission system operators to ensure the compatibility of regulatory frameworks between and within the regions with the aim of creating a competitive internal market in gases and phasing out of fossil gas. Where ACER considers that binding rules on such cooperation are required, it shall make appropriate recommendations.

Amendment 470 #

Proposal for a directive
Article 7 – paragraph 1

1. In circumstances where an authorisation (for example, a licence, permission, concession, consent or approval) is required for the construction or operation of natural gas facilities , ~~hydrogen~~renewable and low-carbon gas production facilities and ~~hydrogen~~ system infrastructure for gases , the Member States or any competent authority they designate shall grant authorisations to build and/or operate such facilities, infrastructure, pipelines and associated equipment on their territory, in accordance with paragraphs 2 to 11. Member States or any competent authority they designate may also grant authorisations on the same basis for the supply of gases and for wholesale customers.

Amendment 471 #

Proposal for a directive
Article 7 – paragraph 1

1. In circumstances where an authorisation (for example, a licence, permission, concession, consent or approval) is required for the construction or, operation or decommissioning of natural gas facilities , hydrogen production facilities and hydrogen system infrastructure , the Member States or any competent authority they designate shall grant authorisations to build and/or operate such facilities, infrastructure, pipelines and associated equipment on their territory, in accordance with paragraphs 2 to 11. Member States or any competent authority they designate may also grant authorisations on the same basis for the supply of gases and for wholesale customers.

Amendment 472 #

Proposal for a directive
Article 7 – paragraph 2

2. Where Member States have a system of authorisation, they shall lay down objective and non-discriminatory criteria, and transparent procedures requiring public participation and the publication of information, which shall be met when by an undertaking appl~~ying~~ies for an authorisation to supply gases or to construct and/or operate natural gas facilities , hydrogen production facilities or hydrogen system infrastructure . The non- discriminatory criteria and procedures for the granting of authorisations shall be made public. Such criteria shall also contribute to the prudent and rational utilisation of natural resources, promote energy system integration and the energy efficiency first principle, and contribute to achieving the Union’s climate and energy targets and the Member State’s national energy and climate plan and long-term strategy adopted under Regulation (EU) 2018/1999. Member States shall ensure that authorisation procedures for such facilities, infrastructure, pipelines and associated equipment take into account the importance of the project for the internal market for gases where appropriate.

Amendment 473 #

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

Proposal for a directive
Article 7 – paragraph 2

Amendment 474 #

Andreas GLÜCK, Nicola BEER, Bart GROOTHUIS, Klemen GROŠELJ, Mauri PEKKARINEN, Susana SOLÍS PÉREZ

Proposal for a directive
Article 7 – paragraph 2

Amendment 475 #

Proposal for a directive
Article 7 – paragraph 2

2. Where Member States have a system of authorisation, they shall lay down objective and non-discriminatory criteria which shall be met by an undertaking applying for an authorisation to supply gases or to construct and/or operate natural gas facilities ~~, hydrogen~~, renewable and low-carbon gas production facilities or ~~hydrogen~~ system infrastructure for gases . The non- discriminatory criteria and procedures for the granting of authorisations shall be made public. Member States shall ensure that authorisation procedures for such facilities, infrastructure, pipelines and associated equipment take into account the importance of the project for the internal market for gases where appropriate.

Amendment 476 #

Proposal for a directive
Article 7 – paragraph 2 a (new)

2 a. Member States shall ensure that any national rules concerning the authorisation, are proportionate and necessary and contribute to the implementation of the energy efficiency first principle.

Amendment 477 #

Proposal for a directive
Article 7 – paragraph 4

4. Member States shall assess which legislative and non-legislative measures are necessary to streamline authorisation procedures, ~~includ~~without hampering any procedural steps related to environmental impact assessment procedures and public consultations. Member States shall report to the European Commission on the results of such an assessment as part of their integrated national energy and climate plans as referred to in, and in accordance with, the procedure set out in Article 3 and Articles 7 to 12 of Regulation (EU) 2018/1999, and as part of their integrated national energy and climate progress reports pursuant to Article 17 of Regulation (EU) 2018/1999.

Amendment 478 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 7 – paragraph 6

6. Member States shall set up or designate one or more contact points, where and when initiated by market participants. Those contact points shall, upon request by the applicant, and free of charge, guide through and facilitate the entire authorisation procedure for the activities referred to in paragraph 1 up to the delivery by the responsible authorities at the end of the procedure. The applicant shall not be required to contact more than one contact point for the entire process.

Amendment 479 #

Proposal for a directive
Article 7 – paragraph 7

7. Member States shall ensure that authorisations under national law for the construction and operation of natural gas pipelines and other n~~etwork assets used for the transport of natural gas shall apply also to pipelines and network assets for the transport of~~atural gas infrastructure assets, including network assets, shall apply also to pipelines and other infrastructure assets, including network assets, for hydrogen.

Amendment 480 #

Proposal for a directive
Article 7 – paragraph 7

7. Member States shall ensure that authorisations under national law for the construction and operation of natural gas pipelines and other n~~etwork assets used for the transport of natural ga~~atural gas infrastructure assets shall apply also to pipelines and ~~network assets for the transport of~~other infrastructure assets for hydrogen.

Amendment 481 #

Proposal for a directive
Article 7 – paragraph 8

8. Member States shall ensure that existing ~~contractual~~ land-use rights for the construction and operation of natural gas pipelines and other network assets shall be ~~understood as encompassing als~~also applied to pipelines and other network assets for the transport of hydrogen.

Amendment 482 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 7 – paragraph 8

8. Member States shall ensure that existing ~~contractual~~ land-use rights for the construction and operation of natural gas pipelines and other network assets shall be understood as encompassing also pipelines and other network assets for the transport of hydrogen.

Amendment 483 #

Proposal for a directive
Article 7 – paragraph 8

8. Member States shall ensure that existing ~~contractual~~ land-use rights for the construction and operation of natural gas pipelines and other assets, including network assets, shall be ~~understood as encompassing als~~applied to pipelines and other assets, including network assets, for ~~the transport of~~ hydrogen.

Amendment 484 #

Proposal for a directive
Article 7 – paragraph 8 a (new)

8 a. Member States shall ensure that project promoters of any infrastructure for transport and storage of natural gas or biomethane - including pipelines, storage and LNG facilities - demonstrate to the national regulator, including through commercial contracts, that by 31 December 2029 the assets will effectively cease to be natural gas asset and become dedicated hydrogen assets. The project promoter shall furthermore present supply and demand assessment for the hydrogen supply. Member States shall ensure that authorisations are revocated if the infrastructure does not exclusively use hydrogen by 31 December 2029.

Amendment 485 #

Proposal for a directive
Article 7 – paragraph 10

10. For the development of newly supplied areas and efficient operation generally, and without prejudice to Article 30, Member States ~~may~~shall decline to grant a further authorisation to build and operate distribution pipeline systems for natural gas unless established in the net- zero infrastructure plan that those lines are needed to supply industry or transport renewable gases. Member States shall also decline in any particular area once such pipeline systems have been or are authorised to be built in that area and if existing or proposed capacity is not saturated.

Amendment 486 #

Proposal for a directive
Article 7 – paragraph 10

10. For the development of newly supplied areas and efficient operation generally, and without prejudice to Article 30, Member States may decline to grant a further authorisation to build and operate distribution pipeline systems for natural gas, renewable gas and hydrogen in any particular area once such pipeline systems have been or are authorised to be built in that area and if existing or proposed capacity is not saturated.

Amendment 487 #

Proposal for a directive
Article 8 – title

Certification of renewable ~~and low carbon~~ fuels

Amendment 488 #

Proposal for a directive
Article 8 – paragraph 1

1. Renewable gases, as defined in Article 2 point (2), shall be certified in accordance with Article 29 and 30 of Directive (EU) 2018/2001. and Article 29a [Amending directive RED 2021/XX]. Renewable gases shall also meet the maximum methane leakage rates, according to Annex IIA of this Directive, and minimise hydrogen leaks, according to the thresholds and methodology established in paragraph 5.

Amendment 489 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Article 8 – paragraph 1

1. Renewable gases shall be certified in accordance with Article 29 and 30 of Directive (EU) 2018/2001. To this end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of renewable gases and contains the minimum information provided in paragraph 7 of Article 19 of Directive (EU) 2018/2001.

Amendment 490 #

Proposal for a directive
Article 8 – paragraph 1

1. Renewable gases shall be certified in accordance with Article 29 and 30 of Directive (EU) 2018/2001. To this end, Member States shall ensure that a guarantee of origin is issued upon request from a producer of renewable gases and entails the minimum information provided in paragraph 7 of Article 19 of Directive (EU)2018/2001.

Amendment 491 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Article 8 – paragraph 1 a (new)

1 a. In single mass balance systems, there should be no physical tracking of the molecules for renewable and low carbon fuels. The EU interconnected gas infrastructure shall be regarded as a single mass balance system. Closed infrastructures shall be considered as separate single mass balance systems.

Amendment 492 #

Proposal for a directive
Article 8 – paragraph 2

2. In order to ensure that the greenhouse gas emissions savings from the use of low carbon fuels and low carbon hydrogen are at least 70% in accordance with the definitions in Article 2, points (10) and (12) under Article 2, Member States shall require ~~economic operato~~low carbon fuels and hydrogen producers to show that this threshold and the requirements established in the methodology referred to in paragraph 5 of this Article have been complied with. For those purposes, they shall require ~~economic operato~~low carbon fuels and hydrogen producers to use a mass balance system in line with Article 30 (1) and (2) of Directive (EU) 2018/2001. To this end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of low- carbon gases and contains the minimum information provided in paragraph 7 of Article 19 of Directive (EU) 2018/2001.

Amendment 493 #

Proposal for a directive
Article 8 – paragraph 2

2. In order to ensure that the greenhouse gas emissions savings from the use of non-renewable low -carbon fuels and ~~low~~ non-renewable low-carbon hydrogen are at least 70%80% compared to the fossil fuel comparator 94g CO2eq/MJ set out in Directive (EU) 2018/2001, Annex V.C.19 in accordance with the definitions in Article 2, points (10) and (12) under Article 2, Member States shall require economic operators to show that this threshold and the requirements established in the methodology referred to in paragraph 5 of this Article have been complied with. For those purposes, they shall require economic operators to use a mass balance system in line with Article 30 (1) and (2) of Directive (EU) 2018/2001.

Amendment 494 #

2. ~~In order to ensure that the greenhouse gas emissions savings from the use of low carbon fuels~~ Member States shall require economic operators to show that this threshold, the maximum methande low carbon hydrogen are at least 70% in accordance with the definitions in Article 2, points (10) and (12) under Article 2, Member States shall require economic operators to show that this threshold and theeakage rates, as per Annex IIA of this Directive, and the maximum hydrogen leaks requirements, established in the methodology referred to in paragraph 5 of this Article, have been complied with. For those purposes of meeting the GHG threshold, they shall require economic operators to use a mass balance system in line with Article 30 (1) and (2) of Directive (EU) 2018/2001.

Amendment 495 #

Proposal for a directive
Article 8 – paragraph 2

Amendment 496 #

Proposal for a directive
Article 8 – paragraph 2

2. In order to ensure that the greenhouse gas emissions savings from the use of low carbon fuels and low carbon hydrogen are at least 760% in accordance with the definitions in Article 2, points (10) and (12) under Article 2, Member States shall require economic operators to show that this threshold and the requirements established in the methodology referred to in paragraph 5 of this Article have been complied with. For those purposes, they shall require economic operators to use a mass balance system in line with Article 30 (1) and (2) of Directive (EU) 2018/2001.

Amendment 497 #

Proposal for a directive
Article 8 – paragraph 2

2. In order to ensure that the greenhouse gas emissions savings from the use of low carbon fuels and low carbon hydrogen are ~~at least 70%~~ in accordance with the definitions in Article 2, points (10) and (12) under Article 2, Member States shall require economic operators to show that this threshold and the requirements established in the methodology referred to in paragraph 5 of this Article have been complied with. For those purposes, they shall require economic operators to use a mass balance system in line with Article 30 (1) and (2) of Directive (EU) 2018/2001.

Amendment 498 #

Andreas GLÜCK, Nicola BEER, Klemen GROŠELJ, Christophe GRUDLER

Proposal for a directive
Article 8 – paragraph 2 a (new)

2 a. For renewable and low carbon gases, in the application of the mass balancing provisions referred in paragraph 2 of this article, there should be no physical tracking of the molecules inside single mass balance systems. The EU interconnected gas infrastructure shall be considered as a single mass balance system. Closed infrastructures shall be considered as separate single mass balance systems.

Amendment 499 #

Amendment 500 #

Proposal for a directive
Article 8 – paragraph 3

3. Member States shall ensure that economic operators submit reliable information regarding the compliance with the 780% greenhouse gas emissions savings threshold compared to the fossil fuel comparator 94g CO2eq/MJ set out in Directive(EU) 2018/2001, Annex V.C.19 set in paragraph 2 and with the greenhouse gas emissions saving methodology referred to in paragraph 5, and that economic operators make publicly available ~~to the relevant Member State, upon request,~~ the data that were used to develop the information. Member States shall require economic operators to put in place an adequate standard of independent auditing of the information submitted, and to provide evidence that this has been done. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud.

Amendment 501 #

Proposal for a directive
Article 8 – paragraph 3

3. Member States shall ensure that economic operators submit reliable information regarding the compliance with the ~~70%~~ greenhouse gas emissions savings threshold set in ~~paragraph 2~~Article 2, points (10) and (12) and with the greenhouse gas emissions saving methodology referred to in paragraph 5, and that economic operators make available to the relevant Member State, upon request, the data that were used to develop the information. Member States shall require economic operators to put in place an adequate standard of independent auditing of the information submitted, and to provide evidence that this has been done. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud.

Amendment 502 #

Proposal for a directive
Article 8 – paragraph 3

3. Member States shall ensure that economic operators submit reliable information regarding the compliance with the 760% greenhouse gas emissions savings threshold set in paragraph 2 and with the greenhouse gas emissions saving methodology referred to in paragraph 5, and that economic operators make available to the relevant Member State, upon request, the data that were used to develop the information. Member States shall require economic operators to put in place an adequate standard of independent auditing of the information submitted, and to provide evidence that this has been done. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud.

Amendment 503 #

Proposal for a directive
Article 8 – paragraph 3

3. Member States shall ensure that economic operators submit reliable information regarding the compliance with the ~~70% greenhouse gas emissions savings threshold set in paragraph 2 and with the greenhouse gas emissions saving methodology~~maximum methane leakage rates as per Annex IIA of this Directive and the maximum hydrogen leaks referred to in paragraph 5, ~~and~~ that economic operators make available to the relevant Member State, upon request, the data that were used to develop the information. Member States shall require economic operators to put in place an adequate standard of independent auditing of the information submitted, and to provide evidence that this has been done. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud.

Amendment 504 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 8 – paragraph 4

Amendment 505 #

Proposal for a directive
Article 8 – paragraph 4

4. The obligations laid down in paragraph 2 shall apply regardless of whether low carbon fuels are produced within the Union or are imported. Information about the geographic origin and feedstock type of low carbon fuels or low carbon hydrogen per fuel supplier shall be made available to consumers on the websites of operators, suppliers or the relevant competent authorities and shall be updated on an annual basis. Information on the level of the GHG emissions reduction achieved by the low-carbon hydrogen may be made available to consumers on the websites of operators, suppliers or the relevant competent authorities and may be updated on an annual basis.

Amendment 506 #

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

Proposal for a directive
Article 8 – paragraph 4

4. The obligations laid down in paragraph 2 shall apply regardless of whether low carbon fuels are produced within the Union or are imported. Information about the geographic origin, recognition that the energy content is derived from non-renewable sources and feedstock type of low carbon fuels or low carbon hydrogen per fuel supplier shall be made available to consumers, including on the websites of operators, suppliers or the relevant competent authorities and shall be updated on an annual basis.

Amendment 507 #

Proposal for a directive
Article 8 – paragraph 4

4. The obligations laid down in paragraph 2 shall apply regardless of whether ~~low~~ non-renewable low-carbon fuels are produced within the Union or are imported. Information about the geographic origin and feedstock type of non-renewable low -carbon fuels or ~~low~~ non- renewable low-carbon hydrogen per fuel supplier shall be made available to consumers on the websites of operators, suppliers or the relevant competent authorities and shall be updated on an annual basis.

Amendment 508 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a directive
Article 8 – paragraph 4

4. The obligations laid down in paragraph 2 shall apply regardless of whether ~~low carbon fuel~~Renewable gases are produced within the Union or are imported. Information about the geographic origin and feedstock type of ~~low carbon fuels or low carbon hydrogen~~Renewable gases per fuel supplier shall be made available to consumers on the websites of operators, suppliers or the relevant competent authorities and shall be updated on an annual basis.

Amendment 509 #

Proposal for a directive
Article 8 – paragraph 5

5. ~~By 31 December 2024~~Six months after the entry into force of the Directive, the Commission shall adopt delegated acts in accordance with Article 83 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from low carbon fuels. The methodology shall ensure that: (a) credit for avoided emissions is not given for carbon dioxide the capture of which has already received an emission credit under other provisions of law; (b) the greenhouse gas emissions average content of the electricity supplied to produce low-carbon fuels is assessed with data from transmission system operators and distribution system operators. The information from the data shall be as close to real time, with hourly time intervals; (c) the captured CO2 used to produce synthetic liquid and gaseous fuels the energy content of which is derived from low carbon hydrogen is accounted as an emission reduction, provided that the CO2 has not already received an emission credit under any other provisions of law.

Amendment 510 #

Claudia GAMON, Martin HOJSÍK, Klemen GROŠELJ

Proposal for a directive
Article 8 – paragraph 5

5. By 31 December 2024, the Commission shall adopt delegated acts in accordance with Article 83 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from low carbon fuels. The methodology shall ensure that credit for avoided emissions is not given for carbon dioxide the capture of which has already received an emission credit under other provisions of law. The greenhouse gas emissions average content of the electricity supplied to produce low-carbon fuels is assessed with data from transmission system operators and distribution system operators. The captured CO2 used to produce synthetic liquid and gaseous fuels, the energy content of which is derived from low carbon hydrogen, is accounted for as an emission reduction as long as the CO2 has not already received an emission credit under other provisions of law.

Amendment 511 #

Proposal for a directive
Article 8 – paragraph 5

5. By 31 December 20243, the Commission shall adopt delegated acts in accordance with Article 83 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from low carbon fuels~~. The methodology shall ensure that~~, except for recycled carbon fuels as defined in Article 2 of Directive (EU) 2018/2001. No credit for avoided emissions ~~is not~~shall be given for carbon dioxide the capture of which has already received an emission credit under other provisions of law. The methodology established in the [Delegated Act establishing a minimum threshold for greenhouse gas emissions savings of recycled carbon fuels and specifying a methodology for assessing greenhouse gas emissions savings from renewable liquid and gaseous transport fuels of non- biological origin and from recycled carbon fuels] shall be used.

Amendment 512 #

Jerzy BUZEK, Gheorghe FALCĂ, Massimiliano SALINI, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 8 – paragraph 5

Amendment 513 #

Proposal for a directive
Article 8 – paragraph 5

5. By 31 ~~December 2024~~month after the entry into force of this Directive, the Commission shall adopt delegated acts in accordance with Article 83 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from low carbon fuels. The methodology shall ensure that credit for avoided emissions is not given for carbon dioxide the capture of which has already received an emission credit under other provisions of law and that it is designed in a technology neutral manner, taking into consideration also a positive impact of carbon capture technologies.

Amendment 514 #

Proposal for a directive
Article 8 – paragraph 5

Amendment 515 #

Proposal for a directive
Article 8 – paragraph 5

Amendment 516 #

Andreas GLÜCK, Nicola BEER, Klemen GROŠELJ

Proposal for a directive
Article 8 – paragraph 5

Amendment 517 #

Proposal for a directive
Article 8 – paragraph 5

5. By ~~31 December 2024~~... [6 months of the date of entry into force of this Directive], the Commission shall adopt delegated acts in accordance with Article 83 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from low carbon fuels. The ~~methodology shall ensure that credit for avoided emissions is not given for carbon dioxide the capture of which has already received an emission credit under other provisions of law~~greenhouse gas emission savings from the use of low carbon fuels shall be at least 70% compared to the fossil fuel comparator of 94g CO2eq/MJ set out in Directive (EU) 2018/2001.

Amendment 518 #

Proposal for a directive
Article 8 – paragraph 5

Amendment 519 #

Proposal for a directive
Article 8 – paragraph 6

6. The Commission may decide that voluntary national or international schemes setting standards for the production of low carbon fuels or low carbon hydrogen provide accurate data on greenhouse gas emission savings for the purposes of this Article and demonstrate compliance with the methodology referred to in paragraph 5 of this Article.deleted

Amendment 520 #

Proposal for a directive
Article 8 – paragraph 6

Amendment 521 #

Proposal for a directive
Article 8 – paragraph 7

7. Where an economic operator provides evidence or data obtained in accordance with a scheme that has been the subject of a recognition pursuant to paragraph 6, a Member State shall not require the economic operator to provide further evidence of compliance with the criteria for which the scheme has been recognised by the Commission.deleted

Amendment 522 #

Proposal for a directive
Article 8 – paragraph 7

Amendment 523 #

Proposal for a directive
Article 8 – paragraph 8

8. Competent authorities of the Member States shall supervise the operation of certification bodies that are conducting independent auditing under a voluntary scheme. Certification bodies shall submit, upon the request of competent authorities, all relevant information necessary to supervise the auditing, including the exact date, time and location of audits. Where Member States find issues of non-conformity, they shall inform the voluntary scheme without delay.deleted

Amendment 524 #

Proposal for a directive
Article 8 – paragraph 9 – introductory part

9. At the request of a Member State, which may be based on the request of an economic operator, the Commission shall, on the basis of all available evidence, examine whether the greenhouse gas emissions saving criteria ~~laid down in this Article, the methodology developed in line with paragraph 5 of this Article,~~for non- renewable low-carbon fuels; or (b) by way of derogation from paragraph 7,require suppliers of the source of low-carbon fuels to provide further evidence of their compliance with the greenhouse gas emissions saving criteria and the 80% greenhouse gas emissions savings threshold~~s set in Article 2, points (9) and (10) have been met. Within six months of receipt of such a request, the Commission shall decide whether the Member State concerned may:~~ compared to the fossil fuel comparator 94g CO2eq/MJ set out in Directive (EU) 2018/2001, Annex V.C.19.

Amendment 525 #

Proposal for a directive
Article 8 – paragraph 9 – introductory part

9. At the request of a Member State, which may be based on the request of an economic operator, the Commission shall, on the basis of all available evidence, examine whether the greenhouse gas emissions saving criteria laid down in this Article, the methodology developed in line with paragraph 5 of this Article, and the greenhouse gas emissions savings thresholds set in Article 2, points (9) and (10)maximum methane leakage rates as per Annex IIA of this Directive and the maximum hydrogen leakage rates in line with paragraph 5 have been met. Within six months of receipt of such a request, the Commission shall decide whether the Member State concerned may:

Amendment 526 #

Proposal for a directive
Article 8 – paragraph 9 – point a

(a) accept the evidence already provided to show compliance with the ~~greenhouse gas emissions saving criteria for low carbon fuels~~maximum methane leakage rates and the maximum hydrogen leakage rates in line with paragraph 5; or

Amendment 527 #

Proposal for a directive
Article 8 – paragraph 9 – point b

(b) ~~by way of derogation from paragraph 7,~~ require suppliers of the source of ~~low carbon fuel~~Renewable gases to provide further evidence of their compliance with the ~~greenhouse gas emissions saving criteria and the 70% greenhouse gas emissions savings threshold~~maximum methane leakage rates as per Annex IIA to this Directive and the maximum methane leakage rates and the maximum hydrogen leakage rates.

Amendment 528 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Article 8 – paragraph 9 – point b

(b) by way of derogation from paragraph 7, require suppliers of the source of low carbon fuels to provide further evidence of their compliance with the greenhouse gas emissions saving criteria and the 760% greenhouse gas emissions savings threshold.

Amendment 529 #

Proposal for a directive
Article 8 – paragraph 10

10. Member States shall also require the relevant economic operators to enter into the Union database information on the transactions made and the sustainability characteristics of low carbon fuels in line with the requirements established in Article 28 of Directive (EU) 2018/2001. Upon injection into the interconnected infrastructure, reporting in the Union Database should be limited to information about the injection/withdrawal of gases. The Union Database shall be set up by 202X. Before that date, and until the Union Database is operational, economic operators shall have the possibility to use national registries/systems as long as they are reported to the EU Commission.

Amendment 530 #

Proposal for a directive
Article 8 – paragraph 10

10. Member States shall also require the relevant economic operators to enter into the Union database information on the ~~transactions made and the~~ sustainability characteristics of low carbon fuels in line with the requirements established in Article 28 of Directive (EU) 2018/2001. Upon injection into the interconnected infrastructure reporting in the Union Database should be limited to information about the injection/withdrawal of gases.The Union Database shall be set up by 202X. Before that date, and until the Union Database is operational, economic operators shall have the possibility to use national registries/systems as long as they are notified to the Commission.

Amendment 531 #

Proposal for a directive
Article 8 – paragraph 10

10. Member States shall also require the relevant economic operators to enter into the Union database information on the transactions made and the sustainability characteristics ~~of low carbon fuel~~, methane and hydrogen leakage rates of Renewable gases in line with the requirements established in Article 28 of Directive (EU) 2018/2001.

Amendment 532 #

Proposal for a directive
Article 8 – paragraph 10

Amendment 533 #

Proposal for a directive
Article 8 a (new)

Article 8 a Global European Hydrogen Facility In order to support renewable hydrogen imports, the Commission shall implement a Global European Hydrogen Facility. The Global European Hydrogen Facility shall be tasked to support Member States in coordinating supply and demand via a competition-based bidding process and be open to all interested Member States. On the demand side, the Global European Hydrogen Facility shall provide prioritised access for customers in hard- to-decarbonise sectors with the highest greenhouse gas abatement potential.

Amendment 534 #

Proposal for a directive
Article 9 – paragraph 2

Where relevant, Member States shall require transmission system operators, distribution system operators and hydrogen network operators in their territory to publish technical rules in accordance with Article 9, in particular regarding network connection rules that include gas quality, gas odourisation and gas pressure requirements. Member States shall, where relevant, also require transmission and distribution system operators to publish the connection tariffs to connect gas from renewable sources based on objective, transparent and non-discriminatory criteria.

Amendment 535 #

Proposal for a directive
Article 10 – paragraph 1

1. Member States shall ensure that all final customers are entitled to have gases provided by a supplier, subject to the supplier's agreement, regardless of the Member State in which the supplier is registered, provided that the supplier follows the applicable trading and balancing rules, and any required authorisations compliant with Article 7(2) are granted by national regulatory authority in the Member the gas is supplied. In that regard, Member States shall take all measures necessary to ensure that administrative procedures do not discriminate against suppliers already registered in another Member State.

Amendment 536 #

Andreas GLÜCK, Nicola BEER, Bart GROOTHUIS, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a directive
Article 10 – paragraph 10

10. Suppliers shall provide ~~natural~~ gases household customers with adequate information on alternative measures to disconnection sufficiently in advance of any planned disconnection. Such alternative measures may incluse information about sources of support to avoid disconnection, prepayment systems, energy audits, energy consultancy services, alternative payment plans, debt management advice or disconnection moratoria and shall not entail an extra cost to the customers facing disconnection.

Amendment 537 #

Proposal for a directive
Article 10 – paragraph 10

Amendment 538 #

Proposal for a directive
Article 11 – paragraph 1

1. Customers shall have the right to switch gases suppliers or market participants. Member States shall ensure that a customer wishing to switch suppliers or market participants, while respecting contractual conditions, is entitled to such a switch within a maximum of three weeks from the date of the request. ~~By 2026 at the latest, the technical process of switching supplier or market participant shall take no longer than 24 hours and shall be possible on any working day.~~

Amendment 539 #

Proposal for a directive
Article 11 – paragraph 1

1. Customers shall have the right to switch gases suppliers or market participants. Member States shall ensure that a customer wishing to switch suppliers or market participants, while respecting contractual conditions, is entitled to such a switch within a maximum of three weeks from the date of the request. ~~By 2026 at the latest, the technical process of switching supplier or market participant shall take no longer than 24 hours and shall be possible on any working day.~~

Amendment 540 #

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1

Amendment 541 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 11 a (new)

Article 11 a Mandatory gas switching 1. In view of phasing out fossil gas by 2035 pursuant to Article 1, Par (-1), and of reaching the Union’s climate and energy goals, Member States shall set up mandatory gas switch dates for relevant final customers, in pathways broken down per sector. These pathways and dates shall be developed in time for the update of the national energy and climate plans and progress reports as per Governance Regulation (EU) 2018/1999 and integrated therein, together with the description of the policies and measures set up to implement this article 2. The sector switch dates and pathways of paragraph 1 shall be included in the integrated net zero development plans as per art 51. 3. Member States shall ensure that relevant final customers are informed in a full and timely manner by their distribution system operator and supplier of the mandatory gas switches at least for households, SMEs, non-household customers employing low and medium temperature industrial heat from gas heating to other forms of renewable-based heating. Member States shall ensure that the switch date: a. for non-household customers employing low industrial heat is no later than 2027; b. for non-household customers employing medium temperature no later than 2032 and c. for households and SMEs customers is no later than 2035. 4. Distribution system operators and suppliers shall provide final customers with a roadmap for the transfer of existing household , SME and non- household customers employing low and medium temperature industrial heat from gas to alternative renewable-based heat sources, including how this will be done, what steps are foreseen, and the respective timelines. 5. Member States shall ensure that final customers receive information on options to prepare and/or adapt their homes, commercial or industrial properties and processes and on any advisory, financial or other support available to manage associated changes and expenses of the planned mandatory gas switch. This information should be delivered by one- stop-shops as established under Article 21 of the of Directive (EU) .../... [recast EED], Article 26 of the Directive (EU) …/… [recast EPBD] and Article X of the Directive (EU) …/…[recast RED] 6. Discrimination and cross-subsidisation between different categories of customers and between energy carriers shall be avoided when carrying out a mandatory fuel switch. 7. Member States shall ensure that the planned mandatory gas switch is subject to a distributional impact assessment, and shall ensure that measures are put in place to mitigate and resolve any inequities resulting from policies to achieve a highly energy efficient and fully renewable-based economy. 8. Member States shall take all measures necessary to ensure that gas switches implemented pursuant to this Article have no adverse effect on final customers, final users, vulnerable customers, people affected by energy poverty and people living in social housing. Where applicable, Member States shall make the best possible use of funding, including public funding and funding facilities established at Union level, with the aim of addressing adverse effects and ensuring a just and inclusive energy transition. 9. Member States shall ensure that no new SMEs, non-household customers employing low and medium temperature industrial heat are connected to the gas grid until such trajectories and new net zero development plans as per Article 51 are established and identify upgrading needs.

Amendment 542 #

Proposal for a directive
Article 11 a (new)

Article 11 a Fuel switch 1. Where governments or local heating and cooling plans laid out in Article 52a require final customers to switch from individual fossil fuel heating installations to alternative individual heat sources or district heating, Member States shall ensure that final customers are fully informed by the initiating organisation of any fuel switches, and shall ensure that the initiating organisation provides that information sufficiently in advance of any planned switch. 2. The initiating organisation shall provide final customers with a roadmap for the transfer from individual fossil fuel heating installations to alternative individual heat sources or district heating, including the procedure and the relevant timeline. 3. Member States shall ensure that final customers receive information on options to prepare or adapt their homes and on any support available to manage the costs associated with the planned fuel switch or a district heating connection. 4. Discrimination and cross-subsidisation between different categories of customers and between energy carriers shall be avoided when carrying out a fuel switch or a district heating connection. 5. Member States shall ensure that measures are put in place to mitigate and resolve any inequities resulting from policies to decarbonise the energy system. 6. Member States shall take all measures necessary to ensure that fuel switches or a district heating connections implemented pursuant to this Article have no adverse effect on final customers, vulnerable customers, people affected by or at risk of energy poverty and people living in social housing. Where applicable, Member States shall make the best possible use of funding, including public funding and funding facilities established at Union level, with the aim of removing adverse effects and ensuring a just and inclusive energy transition.

Amendment 543 #

Andreas GLÜCK, Nicola BEER, Bart GROOTHUIS, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a directive
Article 12 – paragraph 1 – introductory part

1. Member States shall ensure that at least ~~natural~~ gases household customers, and microenterprises, have access, free of charge, to at least one tool comparing the offers of suppliers, including bundled offers. Customers shall be informed of the availability of such tools in or together with their bills or by other means. The tools shall meet at least the following requirements:

Amendment 544 #

Proposal for a directive
Article 12 – paragraph 1 – introductory part

1. Member States shall ensure that ~~at least natural gas~~ household customers, and microenterprises, have access, free of charge, to at least one tool comparing the offers of suppliers, including bundled offers. Customers shall be informed of the availability of such tools in or together with their bills or by other means. The tools shall meet at least the following requirements:

Amendment 545 #

Proposal for a directive
Article 12 – paragraph 1 – point a

(a) they shall be independent from market participants ~~and~~ ensure that gas and hydrogen undertakings are given equal treatment in search results;

Amendment 546 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

Member States shall ensure that at least one tool covers the entire ~~natural~~ gases market. Where multiple tools cover the market, those tools shall include, as complete as practicable, a range of gas offers covering a significant part of the market and, where those tools do not completely cover the market, a clear statement to that effect, before displaying results.

Amendment 547 #

Claudia GAMON, Martin HOJSÍK, Christophe GRUDLER, Klemen GROŠELJ

Proposal for a directive
Article 13 – paragraph 1

1. Member States shall ensure that non-household final customers, from agricultural or public sector, are entitled to act as gas active customers without being subject to disproportionate or discriminatory technical requirements, administrative requirements, procedures and charges, and to network charges that are not cost- reflective. Member States shall ensure that active customers comply with applicable sustainability and greenhouse gas emissions savings criteria under Article 29 of Directive 2018/2001, as well as with the maximum methane leakages set out to Annex IIA and obligations under Chapter III of Regulation xx/xx on methane emissions reduction in the energy sector.

Amendment 548 #

Proposal for a directive
Article 13 – paragraph 1

Amendment 549 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Article 13 – paragraph 2 – point b

(b) entitled to sell self-produced renewable natural gases using the natural gas system and renewable hydrogen using the hydrogen system,

Amendment 550 #

Andreas GLÜCK, Nicola BEER, Bart GROOTHUIS, Klemen GROŠELJ, Susana SOLÍS PÉREZ

(b) entitled to sell self-produced renewable ~~natural~~ gases using the natural gas and hydrogen system,

Amendment 551 #

Proposal for a directive
Article 13 – paragraph 2 – point b

(b) entitled to sell self-produced renewable ~~natural~~ gases using the natural gas system,

Amendment 552 #

Proposal for a directive
Article 13 – paragraph 2 – point b

(b) entitled to sell self-produced renewable ~~natural~~ gases using the natural gas system,

Amendment 553 #

Proposal for a directive
Article 13 – paragraph 2 – point c

Amendment 554 #

Proposal for a directive
Article 13 – paragraph 2 – point e

(e) subject to cost-reflective, transparent and non-discriminatory network charges, ensuring that they facilitate the integration of renewable gases and contribute in an adequate and balanced way to the overall cost sharing of the system;

Amendment 555 #

Andreas GLÜCK, Nicola BEER, Bart GROOTHUIS, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a directive
Article 13 – paragraph 2 – point f

(f) are financially responsible for the imbalances they cause in the natural gas system or respectively in the hydrogen system shall delegate their balancing responsibility in accordance with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx].

Amendment 556 #

Proposal for a directive
Article 13 – paragraph 2 – point f

(f) are financially responsible for the imbalances they cause in the natural gas or the hydrogen system or shall delegate their balancing responsibility in accordance with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx].

Amendment 557 #

Andreas GLÜCK, Nicola BEER, Bart GROOTHUIS, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a directive
Article 13 – paragraph 4 – introductory part

4. Member States shall ensure that renewable gas active customers that own facilities that store renewable gas:

Amendment 558 #

Proposal for a directive
Article 13 – paragraph 4 – introductory part

4. Member States shall ensure that active customers that own facilities that produce or store renewable gas:

Amendment 559 #

Proposal for a directive
Article 14

~~[...]~~deleted

Amendment 560 #

Proposal for a directive
Article 14 – title

~~Citizen~~Renewable energy communities participation in the gas system

Amendment 561 #

Proposal for a directive
Article 14 – paragraph 1 – introductory part

1. Member States shall ~~provide an enabling regulatory framework for citizen~~ensure that renewable energy communities ~~ensuring that~~:

Amendment 562 #

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

Proposal for a directive
Article 14 – paragraph 1 – introductory part

1. Member States shall ~~provide an enabling regulatory framework for~~ensure that renewable energy communities and citizen energy communities ~~ensuring that~~:

Amendment 563 #

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

Proposal for a directive
Article 14 – paragraph 1 – point a

(a) par~~ticipation in a citizen energy community is open and voluntary~~e able to access all natural gas markets in a non-discriminatory manner;

Amendment 564 #

Proposal for a directive
Article 14 – paragraph 1 – point a

(a) par~~ticipation in a citizen energy community is open and voluntary~~e able to access all natural gas markets in a non-discriminatory manner;

Amendment 565 #

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

Proposal for a directive
Article 14 – paragraph 1 – point a a (new)

(a a) Right to a grid connection from final hydrogen customers Member States or regulatory authorities shall ensure that final hydrogen customers have the right to a grid connection to a hydrogen network within reasonable time after receipt of a notification submitted to the hydrogen network operator. In case of refusal of access and connection, Member States or regulatory authorities shall ensure that measures or alternative solutions are taken to make the investments needed to accommodate the new demand and ensure the security of supply.

Amendment 566 #

Proposal for a directive
Article 14 – paragraph 1 – point a a (new)

(a a) are treated in a non-discriminatory and proportionate manner with regard to their activities, rights and obligations as final customers, producers, suppliers or distribution system operators or market participants; and

Amendment 567 #

Claudia GAMON, Klemen GROŠELJ, Nils TORVALDS

Proposal for a directive
Article 14 – paragraph 1 – point a b (new)

(a b) are financially responsible for the imbalances they cause in the natural gas system or shall delegate their balancing responsibility in line with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) XXX];

Amendment 568 #

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

Proposal for a directive
Article 14 – paragraph 1 – point b

(b) ~~members or shareholders of a citizen energy community are entitled to leave the community, in which case Article 11 applies;~~are treated in a non-discriminatory and proportionate manner with regard to their activities, rights and obligations as final customers, producers, suppliers or distribution system operators or market participants; and

Amendment 569 #

Proposal for a directive
Article 14 – paragraph 1 – point b

(b) entitle members or shareholders ~~of a citizen energy community are entitled~~ to leave the community, in which case Article 11 applies;

Amendment 570 #

Claudia GAMON

Proposal for a directive
Article 14 – paragraph 1 – point c

~~(c) members or shareholders of a citizen energy community do not lose their rights and obligations as household customers or active customers;~~deleted

Amendment 571 #

Proposal for a directive
Article 14 – paragraph 1 – point c

(c) ~~members or shareholders of a citizen energy community do not lose their rights and obligations as household customers or active customers~~are financially responsible for the imbalances they cause in the natural gas system or shall delegate their balancing responsibility in line with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx];

Amendment 572 #

Proposal for a directive
Article 14 – paragraph 1 – point c a (new)

(c a) Right of final hydrogen customers to a complaint procedure against disruptions to the hydrogen supply Final hydrogen customers shall have the right to a good standard of service and complaint handling by network operators in cases of disruptions of hydrogen supply due to gas quality or blending issues. Member States or regulatory authorities shall ensure that complaints are handled in a simple, fair and prompt manner and shall ensure compensation mechanisms for final customers.

Amendment 573 #

Claudia GAMON

Proposal for a directive
Article 14 – paragraph 1 – point d

Amendment 574 #

Proposal for a directive
Article 14 – paragraph 1 – point d

(d) subject to fair compensation as assessed by the regulatory authority, relevant distribution system operators cooperate with citizen energy communities to facilitate transfers of renewable natural gases within citizen energy communitentitle members or shareholders to leave the community, in which case Article 11 applies;

Amendment 575 #

Proposal for a directive
Article 14 – paragraph 1 – point d

(d) subject to fair compensation as assessed by the regulatory authority, relevant distribution system operators cooperate with citizen energy communities to facilitate transfers of renewable ~~natural gases~~gases such as biomethane, within citizen energy communities;

Amendment 576 #

Andreas GLÜCK, Nicola BEER, Bart GROOTHUIS, Susana SOLÍS PÉREZ

Proposal for a directive
Article 14 – paragraph 1 – point d

(d) subject to fair compensation as assessed by the regulatory authority, relevant distribution system operators cooperate with citizen energy communities to facilitate transfers of renewable ~~natural~~ gases within citizen energy communities;

Amendment 577 #

Proposal for a directive
Article 14 – paragraph 1 – point d

(d) subject to fair compensation as assessed by the regulatory authority, relevant distribution system operators cooperate with citizen energy communities to facilitate transfers of ~~renewable natural~~ gases within citizen energy communities;

Amendment 578 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Article 14 – paragraph 1 – point e

Amendment 579 #

Andreas GLÜCK, Nicola BEER, Bart GROOTHUIS, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a directive
Article 14 – paragraph 1 – point e

Amendment 580 #

Claudia GAMON, Christophe GRUDLER, Emma WIESNER, Nils TORVALDS

Proposal for a directive
Article 14 – paragraph 1 – point e

(e) ~~citizen~~renewable energy communities are subject to non-discriminatory, fair, proportionate and transparent procedures and charges, including with respect to grid connection, registration and licensing, and to transparent, non-discriminatory and cost-reflective network charges, ensuring that they contribute in an adequate and balanced way to the overall cost sharing of the natural gas system.

Amendment 581 #

Proposal for a directive
Article 14 – paragraph 1 – point e

(e) ~~citizen energy communities~~ are subject to non-discriminatory, fair, proportionate and transparent procedures and charges, including with respect to grid connection, registration and licensing, and to transparent, non- discriminatory and cost-reflective network charges, ensuring that they contribute in an adequate and balanced way to the overall cost sharing of the natural gas system.

Amendment 582 #

Claudia GAMON, Martin HOJSÍK, Christophe GRUDLER, Klemen GROŠELJ, Emma WIESNER

Proposal for a directive
Article 14 – paragraph 2 – introductory part

2. Member States shall ensure that final customers, in particular household customers, are entitled to participate in a renewable energy community while maintaining their rights or obligations as final customers, and without being subject to unjustified or discriminatory conditions or procedures that would prevent their participation in a renewable energy community, provided that for private undertakings, their participation does not constitute their primary commercial or professional activity. Member States may provide in the enabling regulatory framework that ~~citizen~~renewable energy communities: without prejudice to the requirement that participants are located in proximity to each other.

Amendment 583 #

Proposal for a directive
Article 14 – paragraph 2 – introductory part

2. Member States ~~may provide in the enabling regulatory framework that citizen energy communities:~~shall ensure that final customers, in particular household customers, are entitled to participate in a renewable energy community or citizen energy community while maintaining their rights or obligations as final customers, and without being subject to unjustified or discriminatory conditions or procedures that would prevent their participation in a citizen energy community, provided that for private undertakings, their participation does not constitute their primary commercial or professional activity.

Amendment 584 #

Proposal for a directive
Article 14 – paragraph 2 – point a

~~(a) are open to cross-border participation;~~deleted

Amendment 585 #

Proposal for a directive
Article 14 – paragraph 2 – point a

~~(a) are open to cross-border participation;~~deleted

Amendment 586 #

Proposal for a directive
Article 14 – paragraph 2 – point b

~~(b) are entitled to own, establish, purchase or lease distribution networks and to autonomously manage them subject to conditions set out in paragraph 4 of this Article;~~deleted

Amendment 587 #

Proposal for a directive
Article 14 – paragraph 2 – point b

~~(b) are entitled to own, establish, purchase or lease distribution networks and to autonomously manage them subject to conditions set out in paragraph 4 of this Article;~~deleted

Amendment 588 #

Claudia GAMON, Martin HOJSÍK, Klemen GROŠELJ

Proposal for a directive
Article 14 – paragraph 2 – point c

~~(c) are subject to the exemptions provided for in Article 28(2);~~deleted

Amendment 589 #

Proposal for a directive
Article 14 – paragraph 2 – point c

~~(c) are subject to the exemptions provided for in Article 28(2);~~deleted

Amendment 590 #

Claudia GAMON, Martin HOJSÍK, Christophe GRUDLER, Klemen GROŠELJ

Proposal for a directive
Article 14 – paragraph 3

3. Member States shall ensure that citizen energy communities: (a) are able to access all natural gas markets in a non-discriminatory manner; (b) are treated in a non-discriminatory and proportionate manner with regard to their activities, rights and obligations as final customers, producers, suppliers or distribution system operators or market participants; (c) are financially responsible for the imbalances they cause in the natural gas system or shall delegate their balancing responsibility in line with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx]; (d) are treated like active customers in accordance with point (e) of paragraph 2 and points (a)(c) and (d) of Paragraph 4 of Article 13 [Active Customers]; (e) are entitled to arrange within the citizen energy community the sharing of renewable gas that are produced by the production units owned by the community, subject to other requirements laid down in this Article and subject to the community members retaining their rights and obligations as final customers. For the purposes of the first subparagraph, point (e), where renewable natural gases are shared, this shall be without prejudice to applicable network charges, tariffs and levies, in accordance with a transparent cost-benefit analysis of distributed energy resources developed by the competent national authority.deleted

Amendment 591 #

Proposal for a directive
Article 14 – paragraph 3 – introductory part

3. Member States shall ensure that ~~citizen energy communities:~~renewable energy communities and citizen energy communities engage in production, distribution, supply, consumption or storage of renewable gas. To this end, Member States shall ensure that renewable energy communities and citizen energy communities comply with applicable sustainability and greenhouse gas emissions savings criteria under Article 29 of Directive 2018/2001.

Amendment 592 #

Andreas GLÜCK, Nicola BEER, Bart GROOTHUIS, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a directive
Article 14 – paragraph 3 – point a

~~(a) are able to access all natural gas markets in a non-discriminatory manner;~~deleted

Amendment 593 #

Proposal for a directive
Article 14 – paragraph 3 – point a

(a) are able to access all natural gas and hydrogen markets in a non- discriminatory manner;

Amendment 594 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Article 14 – paragraph 3 – point a

(a) are able to access all natural gas and hydrogen markets in a non- discriminatory manner;

Amendment 595 #

Proposal for a directive
Article 14 – paragraph 3 – point b

(b) are treated in a non-discriminatory and proportionate manner with regard to their activities, rights and obligations as final customers, producers, suppliers or distribution system operators or market participants;deleted

Amendment 596 #

Andreas GLÜCK, Nicola BEER, Bart GROOTHUIS, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a directive
Article 14 – paragraph 3 – point c

(c) are financially responsible for the imbalances they cause in the natural gas system or shall delegate their balancing responsibility in line with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx];deleted

Amendment 597 #

Proposal for a directive
Article 14 – paragraph 3 – point c

(c) are financially responsible for the imbalances they cause in the natural gas and hydrogen system or shall delegate their balancing responsibility in line with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx];

Amendment 598 #

Proposal for a directive
Article 14 – paragraph 3 – point d

~~(d) are treated like active customers in accordance with point (e) of paragraph 2 and points (a)(c) and (d) of Paragraph 4 of Article 13 [Active Customers];~~deleted

Amendment 599 #

Andreas GLÜCK, Nicola BEER, Bart GROOTHUIS, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a directive
Article 14 – paragraph 3 – point e

(e) are entitled to arrange within the citizen energy community the sharing of renewable gas that are produced by the production units owned by the community, subject to other requirements laid down in this Article and subject to the community members retaining their rights and obligations as final customers.deleted

Amendment 600 #

Proposal for a directive
Article 14 – paragraph 3 – point e

(e) are entitled to arrange within the citizen energy community the sharing of renewable gaor low-carbon gases that are produced by the production units owned by the community, subject to other requirements laid down in this Article and subject to the community members retaining their rights and obligations as final customers.

Amendment 601 #

Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1

For the purposes of the first subparagraph, point (e), where renewable natural gases are shared, this shall be without prejudice to applicable network charges, tariffs and levies, in accordance with a transparent cost-benefit analysis of distributed energy resources developed by the competent national authority.deleted

Amendment 602 #

Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1

For the purposes of the first subparagraph, point (e), where renewable ~~natural~~ gases are shared, this shall be without prejudice to applicable network charges, tariffs and levies, in accordance with a transparent cost-benefit analysis of distributed energy resources developed by the competent national authority.

Amendment 603 #

Proposal for a directive
Article 14 – paragraph 3 a (new)

3 a. Member States shall ensure that renewable energy communities engage in production, supply, consumption or storage of renewable gas. To this end, Member States shall ensure that renewable energy communities comply with applicable sustainability and greenhouse gas emissions savings criteria under Article 29of Directive 2018/2001, as well as with the maximum methane leakages set out to Annex IIA and obligations under Chapter III of Regulation xxxx on methane emissions reduction in the energy sector.

Amendment 604 #

Proposal for a directive
Article 14 – paragraph 4

4. Member States may decide to grant citizen energy communities the right to manage distribution networks in their area of operation and establish the relevant procedures, without prejudice to Chapter VI or to other rules and regulations applying to distribution system operators. Where such a right is granted, Member States shall ensure that citizen energy communities: (a) are allowed to transport non- renewable gas where such gas is for a natural gas customer who is not a member of the citizen energy community or is necessary for secure system operation; (b) are entitled to conclude an agreement on the operation of their network with the relevant distribution system operator or transmission system operator to which their network is connected; (c) are subject to appropriate network charges at the connection points between their network and the distribution network outside the citizen energy community; (d) do not discriminate or harm customers who remain connected to the distribution system.deleted

Amendment 605 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Article 14 – paragraph 4

Amendment 606 #

Proposal for a directive
Article 14 – paragraph 4 – subparagraph 1 – point a

(a) are allowed to transport non- renewable gases where such gas ises are for a natural gas or hydrogen customer who is not a member of the citizen energy community or is necessary for secure system operation;

Amendment 607 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Article 14 – paragraph 4 – subparagraph 1 – point b

(b) are entitled to conclude an agreement on the operation of their network with the relevant distribution system operator or transmission system operator or hydrogen network operator to which their network is connected;

Amendment 608 #

Proposal for a directive
Article 14 – paragraph 4 a (new)

4 a. By six months after the entry into force of this Directive, the Commission shall propose are commendation clarifying how the requirement of proximity should be applied to biomethane production and supply, as well as other activities for renewable energy communities, in order to promote the development of different models while also protecting against potential abuse from larger commercial market actors.

Amendment 609 #

Proposal for a directive
Article 14 a (new)

Article 14 a Right to a grid connection from final hydrogen customers Member States or regulatory authorities shall ensure that final hydrogen customers have the right to a grid connection to a hydrogen network within reasonable time after receipt of a notification submitted to the hydrogen network operator. In case of refusal of access and connection, Member States or regulatory authorities shall ensure that measures or alternative solutions are taken to make the investments needed to accommodate the new demand and ensure the security of supply.

Amendment 610 #

Proposal for a directive
Article 16 – title

16 Smart metering systems in the natural gas system for industrial customers

Amendment 611 #

Proposal for a directive
Article 16 – paragraph 1

1. In order to ~~promote~~complement energy 1. efficiency ~~and to empower fin~~measures pursuant to EED and EPBD and to further empower final industrial customers, Member States or, where a Member State has so provided, the regulatory authority shall strongly recommend that natural gas undertakings optimise the use of natural gas, inter alia, by providing energy management services, and introducing, after a positive cost- benefit assessment, smart metering systems that are interoperable, in particular with consumer energy management systems and with smart grids, in accordance with the applicable Union data protection rules.

Amendment 612 #

Proposal for a directive
Article 16 – paragraph 1

1. In order to promote energy efficiency and to empower final customers, Member States or, where a Member State has so provided, the regulatory authority shall strongly recommend that natural gas, renewable gas and low-carbon gas undertakings optimise the use of ~~natural~~ gas, inter alia, by providing energy management services, and introducing smart metering systems that are interoperable, in particular with consumer energy management systems and with smart grids, in accordance with the applicable Union data protection rules.

Amendment 613 #

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

Proposal for a directive
Article 16 – paragraph 2

2. Member States shall ~~ensure~~proceed with the deployment in their territories of smart metering systems~~. Such deployment may be subject to a cost-~~ for industrial customers only after a positive cost-benefit assessment, which clearly assesses and specifies industrial consumers’ benefits a~~ssessment~~rising from the use of smart meters and signing up for smart meter-enabled offers, which shall be undertaken in accordance with the principles laid down in Annex II.

Amendment 614 #

Proposal for a directive
Article 16 – paragraph 2

2. Member States shall ensure the deployment in their territories of smart metering systems that assist the active participation of customers. Such deployment may be subject to a cost- benefit assessment which shall be undertaken in accordance with the principles laid down in Annex II.

Amendment 615 #

Proposal for a directive
Article 16 – paragraph 2

2. Member States ~~shall ensure~~may proceed with the deployment in their territories of smart metering systems~~. Such deployment may be subject to a~~ only after a positive cost-benefit assessment ~~which~~. Such deployment shall be undertaken in accordance with the principles laid down in Annex II.

Amendment 616 #

Proposal for a directive
Article 16 – paragraph 3

3. Member States that proceed with the deployment of smart metering systems shall adopt and publish the minimum functional and technical requirements for the smart metering systems to be deployed in their territories, in accordance with Article 18 and Annex II. Member States shall ensure the interoperability of those smart metering systems, as well as their ability to provide output for consumer energy management systems. In that respect, Member States shall have due regard to the use of the relevant available standards, including those enabling interoperability, to best practices and to the importance of the development of smart grids and the development of the internal market for natural gas. Member States that proceed with the deployment of smart metering systems shall provide guidelines for the provision of clear information and advice to all consumers.

Amendment 617 #

Proposal for a directive
Article 16 – paragraph 3 a (new)

3 a. Member States through National Regulatory Authorities and in consultation with consumer bodies and other relevant organisations, shall develop guidelines for the provision of clear and understandable information and advice to industrial consumers about the benefits of smart meters.

Amendment 618 #

Proposal for a directive
Article 16 – paragraph 4

4. Member States that proceed with 4. the deployment of smart metering systems shall ensure that final customers contribute to the associated costs of the deployment in a transparent and non-discriminatory manner, while taking into account the long- term benefits to the whole value chain. Member States or, where a Member State has so provided, the designated competent authorities, shall regularly monitor such deployment in their territories to track the delivery of benefits to consumers. Benefits to network operations in terms of savings in particular due to better network management, more efficient fault clearing, more precise planning and identification of network losses shall be subtracted when calculating the customers’ contribution.

Amendment 619 #

Proposal for a directive
Article 16 – paragraph 5

5. Where the deployment of smart metering systems has been negatively assessed as a result of the cost-benefit assessment referred to in paragraph 2, Member States shall ensure that the assessment is revised at least every four years in response to significant changes in the underlying assumptions and in response to technological and market developments. Member States shall notify to the Commission the outcome of their updated cost-benefit assessment as it becomes available.deleted

Amendment 620 #

Proposal for a directive
Article 17

Smart metering systems in the hydrogen 1. Member States shall ensure the deployment of smart metering systems that can accurately measure consumption, provide information on actual time of use, and are capable to transmit and receive data for information, monitoring and control purposes, using a form of electronic communication. 2. Member States shall ensure the security of the metering systems and respective data communication, and the privacy of final customers, in compliance with relevant Union data protection and privacy legislation, as well as their interoperability and having regard to the use of appropriate standards. 3. The Commission shall adopt, by means of implementing acts, interoperability requirements for smart metering and procedures to ensure, for those eligible, access to data coming from those metering systems. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 4 of Regulation (EU) No 182/2011.Article 17 deleted system

Amendment 621 #

Proposal for a directive
Article 17 – title

Smart metering systems in the hydrogen system for industrial customers (This amendment applies throughout the text. "smart meter/ smart metering systems" replaced by "Smart meters/ smart metering system for industrial customers")

Amendment 622 #

Proposal for a directive
Article 17 – paragraph 3

3. The Commission shall adopt, by means of implementing acts, interoperability requirements for smart metering and procedures to ensure, for those eligible, access to data coming from those metering systems. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 4 of Regulation (EU) No 182/2011.deleted

Amendment 623 #

Proposal for a directive
Article 19

Entitlement to a smart meter for natural 1. Where the deployment of smart metering systems has been negatively assessed as a result of the cost-benefit assessment referred to in Article 16(2) and where smart metering systems are not systematically deployed, Member States shall ensure that every final customer is entitled on request, while bearing the associated costs, to have installed or, where applicable, to have upgraded, under fair, reasonable and cost-effective conditions, a smart meter that: (a) is equipped, where technically feasible, with the functionalities referred to in Article 18, or with a minimum set of functionalities to be defined and published by Member States at national level in accordance with Annex II; (b) is interoperable and able to deliver the desired connectivity of the metering infrastructure with consumer energy management systems. 2. Where a customer requests a smart meter pursuant to paragraph 1, Member States or, where a Member State has so provided, the designated competent authorities shall: (a) ensure that the offer to the final customer requesting the installation of a smart meter explicitly states and clearly describes: (i) the functions and interoperability that can be supported by the smart meter and the services that can be provided as well as the benefits that can be realistically attained by having that smart meter at that moment in time; (ii) any associated costs to be borne by the final customer; (b) ensure that the smart meter is installed within a reasonable time, and in any case no later than four months after the customer's request; (c) regularly, and at least every two years, review and make publicly available the associated costs, and trace the evolution of those costs as a result of technology developments and potential metering system upgrades.Article 19 deleted gas

Amendment 624 #

Proposal for a directive
Article 19 – paragraph 1 – introductory part

1. Where the deployment of smart metering systems has been negatively assessed as a result of the cost-benefit assessment referred to in Article 16(2) and where smart metering systems are not systematically deployed, Member States, optionally, based on their capacities, shall ensure that every final customer is entitled on request, while bearing the associated costs, to have installed or, where applicable, to have upgraded, under fair, reasonable and cost-effective conditions, a smart meter that:

Amendment 625 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 19 – paragraph 2 – point c

(c) regularly, and at least every two years, review and make publicly available the associated costs, and trace the evolution of those costs as a result of technology developments and potential metering system upgrades.deleted

Amendment 626 #

Proposal for a directive
Article 20 – paragraph 1

1. Where final natural gas customers do not have smart meters, Member States shall ensure that, insofar as it is technically possible, financially reasonable and proportionate to the potential energy savings, final customers are provided with individual conventional meters that accurately measure their actual consumption.

Amendment 627 #

Proposal for a directive
Article 20 – paragraph 1

1. Where final natural gas customers do not have smart meters, Member States shall ensure, in so far it is technically possible, financially reasonable, and proportionate to the potential energy savings that final customers are provided with individual conventional meters that accurately measure their actual consumption.

Amendment 628 #

Andreas GLÜCK, Nicola BEER, Bart GROOTHUIS, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a directive
Article 20 – paragraph 1

1. Where final natural gas customers do not have smart meters, Member States shall ensure that, insofar as it is technically and financially possible and proportionate to the potential energy savings, final customers are provided with individual conventional meters that accurately measure their actual consumption.

Amendment 629 #

Proposal for a directive
Article 22 – paragraph 1

1. In order to promote competition in the natural gas and hydrogen retail market and to avoid excessive administrative costs for the eligible parties, Member States shall facilitate the full interoperability of energy services within the Union.

Amendment 630 #

Proposal for a directive
Article 22 – paragraph 2

2. The Commission shall, following a detailed justification, adopt, by means of implementing acts, interoperability requirements and non- discriminatory and transparent procedures for access to data referred to in Article 21(1). Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 4 of Regulation (EU) No 182/2011.

Amendment 631 #

Proposal for a directive
Article 22 – paragraph 3

3. Member States shall ensure that natural gas undertakings apply the interoperability requirements and procedures for access to data ~~referred to in paragraph 2~~. Those requirements and procedures shall be based on existing national practices.

Amendment 632 #

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

Proposal for a directive
Article 25 – paragraph 1

Member States shall take appropriate measures to protect final customers, and shall, in particular, ~~ensure that there are adequate safeguards to~~ protect vulnerable customers. In this context, each Member State shall define the concept of vulnerable customers which ~~may~~shall refer to energy poverty. Where Member States fail to define energy poverty according to the provision in EED (RECAST XX) they shall employ the definition agreed therein. Measures to protect vulnerable consumers ~~may~~shall include, inter alia, to the prohibition of disconnection to such customers in critical times, and in all cases during winter times . The concept of vulnerable customers shall at least include income levels, the share of energy expenditure of disposable income, the energy efficiency of homes, critical dependence on gas equipment for health reasons, and age. Member States shall ensure that rights and obligations linked to vulnerable customers are applied.

Amendment 633 #

Proposal for a directive
Article 25 – paragraph 1

Member States shall take appropriate measures to protect final customers, and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customers. In this context, each Member State shall define the concept of vulnerable customers which may refer to energy poverty. Measures to protect vulnerable consumers may include, inter alia, to the prohibition of disconnection to such customers in critical times. The concept of vulnerable customers may include income levels, the share of energy expenditure of disposable income, the energy efficiency of homes, critical dependence on electrical equipment for health reasons, age or other criteria.

Amendment 634 #

Proposal for a directive
Article 25 – paragraph 1

Member States shall take appropriate measures to protect final customers, and shall, in particular, ensure that there are adequate safeguards to protect ~~vulnerable customers~~people affected by or at risk of energy poverty. In this context, easuch ~~Member State~~vulnerable customers shall be define ~~the concept of vulnerable customers which may refer to energy poverty~~d as those living below the 50% of the national median equivalised disposable income. Measures to protect such vulnerable consumers may include, inter alia, to the prohibition of disconnection to such customers in critical times.

Amendment 635 #

Proposal for a directive
Article 25 – paragraph 2

In particular, Member States shall take appropriate measures to protect final customers in remote areas who are already connected to the natural gas ~~or hydrogen~~ systems. Member States ~~may~~shall appoint a supplier of last resort for household customers~~, and, where Member States deem it to be appropriate, small enterprises~~ considered to be vulnerable customers connected to the gas system.~~. They shall ensure high levels of~~ According to relevant provisions of this Directive, consumer protection, particularly with respect to transparency regarding contractual terms and conditions, general information and dispute settlement mechanisms shall be always ensured. Social tariffs and supplier of last resort tariffs for vulnerable or energy poor customers shall not be higher than the lowest market price.

Amendment 636 #

Proposal for a directive
Article 25 – paragraph 2

In particular, Member States shall take appropriate measures to protect final customers in remote areas who are connected to the natural gas or hydrogen systems. Member States may appoint a supplier of last resort for ~~household customers, and, where Member States deem it to be appropriate, small enterprises considered to be vulnerable~~ customers connected to the gas system.. They shall ensure high levels of consumer protection, particularly with respect to transparency regarding contractual terms and conditions, general information and dispute settlement mechanisms.

Amendment 637 #

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

Proposal for a directive
Article 25 – paragraph 2 a (new)

Member States shall take appropriate measures, such as providing support to ensure the necessary energy supply to vulnerable customers, deploy renewable energy and improve energy efficiency, including building renovations, to sustainably overcome energy poverty and vulnerability. Such measures shall not impede the effective opening of the market set out in Article 4 or market functioning and shall be notified to the Commission, where relevant, in accordance with Article 5(5). Such notifications may also include measures taken within the general social security system. In case the support pursuant to the first subparagraph takes the form of a direct income support mechanism to customers, it shall be limited in time and shall be accompanied by a set of public interventions of at least the same financial magnitude supporting beneficiaries in efficiency programmes, including building renovation, and in switching to renewable energy.

Amendment 638 #

Proposal for a directive
Article 25 – paragraph 2 a (new)

Member States shall take appropriate measures, such as providing benefits by means of their social security systems to ensure the necessary supply to vulnerable customers, or providing for support for energy efficiency improvements, to address energy poverty where identified pursuant to point (d) of Article 3(3) of Regulation (EU) 2018/1999, including in the broader context of poverty. Such measures shall not impede the effective opening of the market set out in Article 3 or market functioning and shall be notified to the Commission, where relevant, in accordance with Article 5. Such notifications may also include measures taken within the general social security system.

Amendment 639 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 25 – paragraph 2 a (new)

For final customers who are not connected to the natural gas or hydrogen systems due to the lack of infrastructure capacity or due to the fact that they are vulnerable or are affected or at risk of energy poverty, Member States shall, without delay, adopt measures to ensure their energy security, including by providing connection to the grid or alternative and comparable heating and cooling options, preferably to the district heating and cooling system.

Amendment 640 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 26 – paragraph 1

Member States shall enable the access of renewable ~~and low carbon~~ gases to the market and infrastructure regardless whether the ~~renewable and low carbon gases production facilities are connected to distribution or transmission networks.~~gases production facilities are connected to distribution or transmission networks, provided that such access is deemed beneficial based on national net zero infrastructure planning as per Article 51. Member States shall not enable that access for low and medium temperature heat uses as of 1 Jan 2027 and shall not allow new connections to the gas distribution grids for residential buildings as of [entry into force of this Directive]

Amendment 641 #

Proposal for a directive
Article 26 – paragraph 1 a (new)

Member States shall ensure that grid access costs to distribution, transmission and hydrogen transport for renewable gas production do not create an economic barrier for renewable gas project developers. For this purpose, these costs shall be shared between project developers and the appropriate transmission or distribution system operators. The regulatory authority shall define the level of costs that these operators must cover and are allowed to cover. It shall set out rules to ensure that, in the case one grid connection is expected to be used for several renewable gas production facilities with different timeframe of commissioning, the costs of such grid connection is not borne only by the first renewable gas production facility connected to it.

Amendment 642 #

Proposal for a directive
Article 26 – paragraph 1 a (new)

Amendment 643 #

Proposal for a directive
Article 26 – paragraph 1 a (new)

Member States shall ensure that grid access costs to distribution, transmission and hydrogen transport for renewable gas production do not create an economic barrier for renewable gas project developers. For this purpose, these costs shall be shared between project developers and the appropriate transmission or distribution system operators. The regulatory authority shall define the level of costs that these operators must cover and are allowed to cover. It shall set out rules to ensure that, in the case one grid connection is expected to be used for several renewable gas production facilities with different timeframes of commissioning, the costs of such grid connection is not borne only by the first renewable gas production facility connected to it.

Amendment 644 #

Proposal for a directive
Article 27 – paragraph 1

1. Member States shall ensure the implementation of a system of third party access to the transmission and distribution system, and LNG facilities based on published tariffs, applicable to all customers, including supply undertakings, and applied objectively and without discrimination between system users. Member States shall ensure that those tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 72 by a regulatory authority referred to in Article 70 and that those tariffs — and the methodologies, where only methodologies are approved — are published prior to their entry into force. ~~Tariff discounts can be granted only if so provided by Union legislation.~~

Amendment 645 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 27 – paragraph 1

1. Member States shall ensure the implementation of a system of third party access to the transmission and distribution system, and LNG facilities based on published tariffs, applicable to all customers, including supply undertakings, and applied objectively and without discrimination between system users. Member States shall ensure that those tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 72 by a regulatory authority referred to in Article 70 and that those tariffs — and the methodologies, where only methodologies are approved — are published prior to their entry into force. ~~Tariff discounts can be granted only if so provided by Union legislation.~~

Amendment 646 #

Proposal for a directive
Article 27 – paragraph 1

Amendment 647 #

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

Proposal for a directive
Article 27 – paragraph 2

Amendment 648 #

Proposal for a directive
Article 27 – paragraph 2

Amendment 649 #

Proposal for a directive
Article 27 – paragraph 2

Amendment 650 #

Proposal for a directive
Article 27 – paragraph 2

2. The provisions of this Directive shall not prevent the conclusion of long- term contracts for renewable and low carbon gases in so far as they comply with Union competition rules and contribute to decarbonisation. No new long-term contracts for supply of unabated fossil gas shall be concluded after the entry into force of this Directive with a duration beyond the end of year 2049 .

Amendment 651 #

Proposal for a directive
Article 27 – paragraph 2

2. The provisions of this Directive shall not prevent the conclusion of long- term contracts for renewable ~~and low carbon~~ gases in so far as they comply with Union competition rules and contribute to decarbonisation. No long-term contracts for supply of ~~unabated~~ fossil gas shall be concluded with a duration beyond the end of year 204935 .

Amendment 652 #

Proposal for a directive
Article 27 – paragraph 3

~~3. This Article shall also apply to citizen energy communities that manage distribution networks.~~deleted

Amendment 653 #

Proposal for a directive
Article 27 – paragraph 3

~~3. This Article shall also apply to citizen energy communities that manage distribution networks.~~deleted

Amendment 654 #

Proposal for a directive
Article 27 – paragraph 3

~~3. This Article shall also apply to citizen energy communities that manage distribution networks.~~deleted

Amendment 655 #

Proposal for a directive
Article 28 – paragraph 1

1. Member States shall take the necessary measures to ensure that natural gas undertakings and eligible customers, wherever they are located, are able to obtain access to upstream pipeline networks, including facilities supplying technical services incidental to such access and network related components, in accordance with this Article, except for the parts of such networks and facilities which are used for local production operations at the site of a field where the gas is produced. The measures shall be notified to the Commission in accordance with the provisions of Article 88.

Amendment 656 #

Andreas GLÜCK, Nicola BEER, Bart GROOTHUIS, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a directive
Article 28 – paragraph 1

Amendment 657 #

Proposal for a directive
Article 30 – title

30 Direct lines for ~~natural~~ gases

Amendment 658 #

Andreas GLÜCK, Nicola BEER, Bart GROOTHUIS, Susana SOLÍS PÉREZ

Proposal for a directive
Article 30 – paragraph 1 – point b

(b) any such customer within their territory to be supplied through a direct line by ~~natural gas~~ undertakings.

Amendment 659 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Article 31 – paragraph 1

1. Member States shall ensure the implementation of a system of regulated third party access to hydrogen networks based on published tariffs and maintain quality standards for hydrogen. Access shall be applied objectively and without discrimination between any hydrogen network users.

Amendment 660 #

Proposal for a directive
Article 31 – paragraph 1

1. Member States shall ensure the implementation of a system of regulated third party access to hydrogen networks and to network related components, based on published tariffs and applied objectively and without discrimination between any hydrogen network users.

Amendment 661 #

Proposal for a directive
Article 31 – paragraph 1

1. Member States shall ensure the implementation of a system of regulated third party access to hydrogen networks and network related components based on published tariffs and applied objectively and without discrimination between any hydrogen network users.

Amendment 662 #

Proposal for a directive
Article 31 – paragraph 4

4. Until 31 December 2030, a Member State may decide not to apply paragraph 1, provided the hydrogen network operator is fully unbundled. In such case, the Member State shall ensure the implementation of a system of negotiated third party access to hydrogen networks in accordance with objective, transparent and non- discriminatory criteria. One of those criteria shall be the immediate release of entry capacity when production capacity is decommissioned or undergoes a deep refurbishment, including changing the basic technology used to produce renewable hydrogen. The capacity released should be allocated with a priority to new renewable entrants to promote competition. The regulatory authorities shall take the necessary measures for hydrogen network users to be able to negotiate access to hydrogen networks. The parties shall be obliged to negotiate access to hydrogen networks in good faith.

Amendment 663 #

Proposal for a directive
Article 31 – paragraph 5

5. Where negotiated access is used, regulatory authorities shall provide guidance to hydrogen network users on how negotiated tariffs will be affected when regulated third party access is introduced. At the date of entry into force of regulated third party access, hydrogen network users may opt to remain under a negotiated third-party access regime or to switch to a regulated third-party access. Guidance shall be provided as well with regard to contractual terms and conditions agreed in hydrogen purchase agreements and capacity contracts.

Amendment 664 #

Proposal for a directive
Article 31 – paragraph 5

Amendment 665 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 32 – paragraph 1

1. Member States shall ensure the implementation of a system of third party access to hydrogen and ammonia terminals based on negotiated access in an objective, transparent and non- discriminatory manner, whereby the regulatory authorities shall take the necessary measures for hydrogen terminal users to be able to negotiate access to such terminals. The parties shall be obliged to negotiate access in good faith.

Amendment 666 #

Proposal for a directive
Article 33 – paragraph 1

~~Member States shall ensure the implementation of a system of regulated third party~~For the organisation of access to hydrogen storage, and line pack when technically and/or economically necessary for providing efficient access to the system for the supply of customers, as well as for the organisation of access to ancillary services, based on published tariffs and applied objectively and without discrimination between any hydrogen system users., Member States may choose either a negotiated or regulated access regime, or both. Member States shall base their decision on the applicable access regime on an assessment of the level of competition in the hydrogen storage market, taking into account the technical characteristics of hydrogen storage. In case of a regulated access regime, Member States shall ensure that those tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 72 by the regulatory authority.

Amendment 667 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 33 – paragraph 1

Member States shall ensure the implementation of a system of negotiated or regulated third party access to hydrogen storage, and line pack when technically and/or economically necessary for providing efficient access to the system for the supply of customers, as well as for the organisation of access to ancillary services, based on published tariffs and applied objectively and without discrimination between any hydrogen system users. Member States shall ensure if there is not a contractual basis that those tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 72 by the regulatory authority.

Amendment 668 #

Proposal for a directive
Article 34 – title

Refusal of access ~~and~~ , connection or disconnection

Amendment 669 #

Proposal for a directive
Article 34 – paragraph 1

1. Natural gas and hydrogen undertakings may refuse access or connection to the natural gas or hydrogen system on the basis of lack of capacity or where the access to the system would prevent them from carrying out the public service obligations referred to in Article 5(2) which are assigned to them. Duly substantiated reasons shall be given for any such a refusal.

Amendment 670 #

Proposal for a directive
Article 34 – paragraph 1

1. Natural gas and hydrogen undertakings may refuse access or connection to the natural gas or hydrogen system on the basis of lack of capacity or grade of purity. Duly substantiated reasons shall be given for any such a refusal.

Amendment 671 #

Proposal for a directive
Article 34 – paragraph 2

2. ~~Taking into account national and Union decarbonisation objectives~~Member States shall ensure that no connection is granted for medium and low temperature heat industrial customers. Taking into account national and Union energy and climate objectives, the phase out date of fossil gas, according to Article 1, paragraph -1, the planned gas switch, according to Article 11a, Member States shall take appropriate measures to ensure that the natural gas or hydrogen undertaking refusing access or connection to the natural gas system or hydrogen system on the basis of lack of capacity or a lack of connection makes the necessary enhancements as far as it is economic to do so or when a potential customer is willing to pay for them.

Amendment 672 #

Proposal for a directive
Article 34 – paragraph 2 a (new)

2 a. Natural gas undertakings shall ensure disconnection of customers in line with national net zero infrastructure planning, fossil gas phase out and gas switch planning provisions of this Directive.

Amendment 673 #

Proposal for a directive
Article 34 – paragraph 3

3. Access to the system for renewable ~~and low carbon~~ gases may only be refused subject to the provisions of Article 18 and 33 of [recast Gas Regulation as proposed in COM(2021) xxx] and for requests that are not justified by the national net zero planning, the fossil gas phase out and the gas switch planning provisions set out by this Directive.

Amendment 674 #

Proposal for a directive
Article 34 – paragraph 3

3. Access to the system for renewable and low carbon gases may only be refused subject to ~~the provisions of Article 18 and 33 of [recast Gas Regulation as proposed in COM(2021) xxx]~~denying connection by the operator.

Amendment 675 #

Proposal for a directive
Article 35 – paragraph 1 – point a

(a) operate, maintain ~~and~~, develop and decommission under economic conditions secure, reliable and efficient transmission, storage or LNG facilities to secure an open market, with due regard to the environment, national and union energy and climate objective, fossil gas phase out date and gas switch planning, the obligations laid down in [Regulation (EU) 2022/ … (Methane Regulation)] ensure adequate means to meet service obligations;

Amendment 676 #

Proposal for a directive
Article 35 – paragraph 1 – point a

(a) operate, maintain and develop under economic conditions secure, reliable and efficient transmission, storage or LNG facilities to secure an open market, with due regard to the environment~~, the obligations laid down in [Regulation (EU) 2022/ … (Methane Regulation)] ensure adequate means to meet service obligations~~;

Amendment 677 #

Proposal for a directive
Article 35 – paragraph 1 – point b a (new)

(b a) ensure maximum leakage rates as per Annex IIa of this Directive and other obligations laid down in [Regulation (EU) 2022/ … (Methane Regulation)]

Amendment 678 #

Proposal for a directive
Article 35 – paragraph 3

3. Transmission system operators shall cooperate with distribution system operators to ensure the effective participation of market participants connected to the grid in retail, wholesale and balancing market as well as to ensure maximum methane leakage rates are respected.

Amendment 679 #

Proposal for a directive
Article 35 – paragraph 4

4. Transmission system operators shall ensure efficient gas quality management in their facilities in line with applicable gas quality standards. For that purpose the transmission system operators shall be entitled to develop and operate facilities for the adjustment or transformation of gases and provide related services to the system users. Costs related to gas quality shall be covered by allowed revenues or target revenues of the transmission system operators.

Amendment 680 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Article 35 – paragraph 4

4. Transmission system operators shall ensure efficient gas quality management in their facilities in line with applicable gas quality standards. In particular, transmission system operators may construct and operate facilities for hydrogen blending and de-blending and provide the necessary services for the operation of such facilities to efficiently manage gas quality.

Amendment 681 #

Proposal for a directive
Article 35 – paragraph 4

4. Transmission system operators shall ensure efficient gas quality management in their facilities in line with applicable gas quality standards to meet the quality requirements of different end- use applications.

Amendment 682 #

Proposal for a directive
Article 35 – paragraph 7

7. Member States may provide that one or several responsibilities listed in paragraph 1 are assigned to a transmission system operator other than the one which owns the transmission system to which the responsibilities concerned would otherwise be applicable. The transmission system operator to which the tasks are assigned shall be certified under the ownership unbundling, the independent system operator or the independent transmission system operator model and fulfil the requirements provided for in Article 54, but shall not be required to own the transmission system it is responsible for.deleted

Amendment 683 #

Proposal for a directive
Article 35 – paragraph 8

8. T~~he transmission system operator shall fulfil the requirements provided for in Chapter IX and be certified in accordance with Article 57. This shall be without prejudice to the possibility for t~~ransmission system operators which are certified under the ownership unbundling, the independent system operator or the independent transmission system operator model are entitled to delegate, on their own initiative and under their supervision, certain tasks to other transmission system operators which are certified under the ownership unbundling, the independent system operator or the independent transmission system operator model, where the delegation of tasks does not endanger the effective and independent decision-making rights of the delegating transmission system operator.

Amendment 684 #

Proposal for a directive
Article 35 – paragraph 8

Amendment 685 #

Proposal for a directive
Article 35 – paragraph 9

9. LNG and storage system operators shall cooperate, within one Member State and regionally, to ensure the most efficient use of facilities capacities and synergies between these facilities, taking into account system integrity and operation and minimised methane leakage inter alia by prioritising co located uses.

Amendment 686 #

9. LNG, transmission and storage system operators shall cooperate, within one Member State and regionally, to ensure the most efficient use of facilities capacities and synergies between these facilities, taking into account system integrity and operation.

Amendment 687 #

Proposal for a directive
Article 35 – paragraph 10 a (new)

10 a. Each Transmission System Operator shall be entitled to engage in decarbonisation related activities, using a tolling model and under the supervision of the regulatory authority.

Amendment 688 #

Proposal for a directive
Article 35 – paragraph 10 a (new)

10 a. Transmission System Operators shall be entitled to engage in decarbonisation related activities, using a tolling scheme and under the supervision of the regulatory authority.

Amendment 689 #

Proposal for a directive
Article 36 – paragraph 1

1. Without prejudice to Article 68 or any other legal duty to disclose information, each transmission, storage or LNG system operator, and each transmission system owner, shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities, and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. In particular, it shall not disclose any commercially sensitive information to the remaining parts ~~of the~~that are performing any of the functions of production or supply of this undertaking, unless this is necessary for carrying out a business transaction. In order to ensure the full respect of the rules on information unbundling, Member States shall ensure that the transmission system owner including, in the case of a combined operator, the distribution system operator, and the remaining part of the undertaking do not use joint services, such as joint legal services, apart from purely administrative or IT functions. Notwithstanding the above, and in compliance with the requirement of the responsible performance of its tasks as set out in Article 35, if a transmission system operator and a hydrogen network operator are part of the same undertaking, they may use joint services and disclose those information with each- other that are necessary for ensuring cost- efficiency in operation and conduct of business in relation of both network operators by exploiting the synergies between them.

Amendment 690 #

Proposal for a directive
Article 36 – paragraph 1

1. Without prejudice to Article 68 or any other legal duty to disclose information, each transmission, storage or LNG system operator, and each transmission system owner, shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities, and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. I~~n particular~~f the transmission, storage or LNG system operator, or the transmission system owner is part of a vertically integrated undertaking, it shall not disclose, in particular, any commercially sensitive information to the remaining parts of the ~~undertaking~~vertically integrated undertaking other than transmission system operators, distribution system operators or hydrogen network operators, unless this is necessary for carrying out a business transaction. In order to ensure the full respect of the rules on information unbundling, Member States shall ensure that, where the transmission system operator is unbundled in accordance with the rules on the independent system operator for natural gas set out in Section 2 of Chapter IX, the transmission system owner including, in the case of a combined operator, the distribution system operator, and the remaining part of the ~~undertaking~~vertically integrated undertaking other than transmission system operators, distribution system operators or hydrogen network operators do not use joint services, such as joint legal services, apart from purely administrative or IT functions.

Amendment 691 #

Proposal for a directive
Article 36 – paragraph 1

1. Without prejudice to Article 68 or any other legal duty to disclose information, each transmission, storage or LNG system operator, and each transmission system owner, shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities, and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. In particular, if the transmission, storage or LNG system operator, or transmission system owner is part of a vertically integrated undertaking, it shall not disclose any commercially sensitive information to the remaining parts of the undertaking, unless this is necessary for carrying out a business transaction. In order to ensure the full respect of the rules on information unbundling, Member States shall ensure that the transmission system owner including, in the case of a combined operator, the distribution system operator, and the remaining part of the vertically integrated undertaking do not use joint services, such as joint legal services, apart from purely administrative or IT functions.

Amendment 692 #

Proposal for a directive
Article 36 – paragraph 2

2. Transmission, storage or LNG system operators shall not, in the context of sales or purchases of natural gas or hydrogen by related undertakings, misuse commercially sensitive information obtained from third parties in the context of providing or negotiating access to the system.

Amendment 693 #

Proposal for a directive
Article 37 – paragraph 1

1. The transmission system operator shall establish and publish transparent and efficient procedures for non-discriminatory connection of new production installations of renewable and low carbon gases. Those procedures shall be subject to approval by the regulatory authorities, which must take into consideration the natural gas system performance, and the risks associated with the quality of the gas, and security of supply.

Amendment 694 #

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

Proposal for a directive
Article 37 – paragraph 1

1. The transmission system operator shall establish and publish transparent and efficient procedures for non-discriminatory connection of new production installations of renewable ~~and low carbon gases~~gases, only for the strictly necessary capacity as identified by the national integrated net zero infrastructure planning. Those procedures shall be subject to approval by the regulatory authorities.

Amendment 695 #

Proposal for a directive
Article 37 – paragraph 2

2. The transmission system operators shall not be entitled to refuse economically reasonable and technically feasable connection requests of a new production facility installation for renewable and low carbon gases. Production facilities installations for renewable gases shall have priority to connect over facilities for low carbon gases.

Amendment 696 #

Proposal for a directive
Article 37 – paragraph 2

2. The transmission system operators shall not be entitled to refuse economically reasonable and technically feasaible connection requests of a new production facility installation for renewable ~~and low carbon gase~~gases which are included in national net zero infrastructure planning and national natural gas phase out and switch plans.

Amendment 697 #

Proposal for a directive
Article 37 – paragraph 2

2. The transmission system operators shall not be entitled to refuse economically reasonable and technically feasaible connection requests of a new or existing, but not yet connected production facility installation for renewable and low carbon gases.

Amendment 698 #

Jerzy BUZEK, Gheorghe FALCĂ, Massimiliano SALINI, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 38 – paragraph 1

1. The transmission system operator and the hydrogen network operator shall establish and publish transparent and efficient procedures and tariffs for non- discriminatory connection of natural gas and renewable hydrogen storage facilities, LNG regasification facilities , hydrogen terminals and industrial customers to the transmission system and the hydrogen network only for the strictly necessary capacity identified under the national integrated net zero infrastructure planning. Those procedures shall be subject to approval by the regulatory authority.

Amendment 699 #

Proposal for a directive
Article 38 – paragraph 2 a (new)

2 a. For the purpose of swift implementation of grid connection of renewable gas production, including biomethane production, Member States shall ensure that: (a) the transmission system operator and the hydrogen network operator comply with time limits to assess the requests for injection of renewable gases, make an offer and implement the connection, with monitoring of the national regulatory authority in line with Article 72(t); (b) permitting procedures for the implementation of the connection are not hampered by lack of administrative capacity and that do not create a hurdle to the achievement of the national renewable energy target.

Amendment 700 #

Proposal for a directive
Article 38 – paragraph 2 a (new)

2 a. For the purpose of swift implementation of grid connection of renewable gas production, Member States shall ensure: (a) that the transmission system operator and the hydrogen network operator comply with time limits to assess the requests for injection of renewable gases, make an offer and implement the connection, with monitoring of the national regulatory authority in line with Article 72(t). (b) that permitting procedures for the implementation of the connection are not hampered by lack of administrative capacity.

Amendment 701 #

Proposal for a directive
Article 38 – paragraph 2 a (new)

2 a. For the purpose of swift implementation of grid connection, Member States shall ensure: (a) that the transmission system operator and the hydrogen network operator comply with time limits to assess the requests for injection, make an offer and implement the connection, with monitoring of the national regulatory authority in line with Article 72(t). (b) that permitting procedures for the implementation of the connection are not hampered by lack of administrative capacity.

Amendment 702 #

Proposal for a directive
Article 38 – paragraph 2 a (new)

2 a. The transmission system operator and the hydrogen network operator shall address requests for connection to the transmission system or hydrogen network for renewable gas, including biomethane, with priority over requests of connection for natural gas and low-carbon

Amendment 703 #

Proposal for a directive
Article 38 – paragraph 2 b (new)

2 b. For the purpose of swift implementation of grid connection of renewable gas production, Member States shall ensure: (a) that the transmission system operator and the hydrogen network operator comply with time limits to assess the requests for injection of renewable gases, make an offer and implement the connection, with monitoring of the national regulatory authority in line with Article 72(t). (b) 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 704 #

Proposal for a directive
Article 39 – paragraph 1

Following a transparent procedure, Member States shall designate, or shall require undertakings which own or are responsible for distribution systems to designate, for a period of time to be determined by Member States, having regard to considerations of efficiency, the net zero pathways and economic balance, one or more distribution system operators and shall ensure that those operators act in accordance with Articles 40, 42 and 43. the period of time shall not exceed 10 years.

Amendment 705 #

Proposal for a directive
Article 39 – paragraph 1

Following a transparent procedure, Member States shall designate, or shall require undertakings which own or are responsible for distribution systems to designate, for a period of time to be determined by Member States, having regard to considerations of efficiency and economic balance, one or more distribution system operators and shall ensure that those operators act in accordance with Articles 40~~, 42~~ and 43. The period of time shall not exceed 10 years.

Amendment 706 #

Proposal for a directive
Article 40 – paragraph 1

1. Each distribution system operator shall be responsible for ensuring the long- term ability of the system to meet ~~reasonable~~ demands for the distribution of gas in net zero infrastructure plans, and for operating, maintaining ~~and develop~~, developing and decommissioning under economic conditions a secure, reliable and efficient system in its area~~, with due regard for the environment~~ . Each distribution system operator shall be responsible for ensuring the maximum leakage rates established in Article XX and Annex XX of this Directive, and , the obligations laid down in [Regulation (EU) 2022/ … (Methane Regulation)] and energy efficiency. This also includes biogas and biomethane assets.

Amendment 707 #

Proposal for a directive
Article 40 – paragraph 2

2. When so decided by regulatory authorities, distribution system operators may be responsible for ensuring efficient gas quality management in their facilities in line with applicable gas quality standards, where necessary for system management due to the injection of renewable and low-carbon gases. For that purpose the distribution system operators shall be entitled to develop and operate facilities for the adjustment or transformation of gases and provide related services to the system users. Costs related to gas quality shall be covered by allowed revenues or target revenues of the distribution system operators.

Amendment 708 #

Proposal for a directive
Article 40 – paragraph 2 a (new)

2 a. If so decided by regulatory authorities, distribution system operators may be given as an overriding mandate the delivery of energy services rather than gaseous fuels to customers. In any event, the distribution system operator shall always consider non gaseous options for supplying heat to customers. In the event a cost benefit analysis based on net zero infrastructure plans indicates that non-gaseous solutions are more cost effective, the distribution system operator shall implement those.

Amendment 709 #

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

Proposal for a directive
Article 40 – paragraph 8

8. The ~~distribut~~transmission system operators shall establish and publish transparent and efficient procedures for non-discriminatory connection of new production installations of renewable and low carbon gases. Those procedures shall be subject to approval by the regulatory authorities, which must take into consideration the natural gas system performance, and the risks associated with the quality of the gas, and security of supply.

Amendment 710 #

Proposal for a directive
Article 40 – paragraph 9

9. The distribution system operators shall not be entitled to refuse economically reasonable and technically feasible connection requests of a new production facility for renewable and low carbon gases. Production facilities for renewable gases shall have priority to connect over facilities for low carbon gases.

Amendment 711 #

Proposal for a directive
Article 40 – paragraph 9

9. The ~~distribut~~transmission system operators shall not be entitled to refuse economically reasonable and technically feasible connection requests of a new or existing, but not yet connected production facility installation for renewable and low carbon gases.

Amendment 712 #

Proposal for a directive
Article 40 – paragraph 9

9. The distribution system operators shall not be entitled to refuse ~~economically reasonable and technically feasible~~ connection requests of a new production facility for renewable and low carbon gases that is included in the national net zero infrastructure plan.

Amendment 713 #

Proposal for a directive
Article 40 a (new)

Article 40 a Distribution network development plans 1. Each distribution system operator shall prepare a distribution network development plan every two years, for the purpose of ensuring that the net zero infrastructure development plans prepared by the regulator under Article 51 are sufficiently detailed and are adequately based on local circumstances. Distribution system plans shall be consistent with the net zero infrastructure development plans, and they shall meet the same criteria and abide by the same requirements applicable to the net-zero infrastructure development plans under Article 51, paragraphs 2 and 3. Before submitting the draft distribution network development plan to the regulator, the distribution system operator shall conduct a consultation in accordance with Article 51, paragraph 4. 2. The distribution network development plan must reflect the latest version of all available local heat plans as per (EED revision 2021 Art 23) and net zero carbon building stock planning as per EPBD revision 2021, ArtXXX ) and any relevant renewable energy mapping and planning as per (REDII revision Repower). 3. The distribution system operator shall submit the draft distribution network developments plan to the regulator with sufficient advance time to ensure it can be considered in preparing the net zero infrastructure development plan. The draft distribution system plan shall also be made publicly available at that time. 4. The regulator shall review the distribution system plan for its consistency with the requirements under Article 51, paragraphs 2 and 3, and with the net zero infrastructure development plan. If the regulator identifies inconsistencies, it shall amend the distribution system plan as appropriate.

Amendment 714 #

Proposal for a directive
Article 41 – paragraph 1

Regulatory authorities shall oblige the distribution system operator to publish transparent and efficient procedures for non-discriminatory connection of new production installations of renewable and low carbon gases. Those procedures shall be subject to approval by the regulatory authorities.deleted

Amendment 715 #

Jerzy BUZEK, Gheorghe FALCĂ, Massimiliano SALINI, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 41 – paragraph 1

Regulatory authorities shall ~~oblige the distribution system operator to~~ publish transparent and efficient procedures for non-discriminatory connection of new production installations of renewable ~~and low carbon gases. Those procedures shall be subject to approval by the regulatory authoriti~~gases.

Amendment 716 #

Proposal for a directive
Article 41 – paragraph 1 a (new)

For the purpose of swift implementation of grid connection of renewable gas production, including biomethane production, Member States shall ensure that: a) the distribution system operator comply with time limits to assess the requests for injection of renewable gases, make an offer and implement the connection, with monitoring of the national regulatory authority in line with Article 72(t); b) permitting procedures for the implementation of the connection are not hampered by lack of administrative capacity and that do not create a hurdle to the achievement of the national renewable energy target.

Amendment 717 #

Proposal for a directive
Article 41 – paragraph 1 a (new)

For the purpose of swift implementation of grid connection of renewable gas production, Member States shall ensure: a) that the distribution system operator comply with time limits to assess the requests for injection of renewable gases, make an offer and implement the connection, with monitoring of the national regulatory authority in line with Article 72(t) that permitting procedures for the implementation of the connection are not hampered by lack of administrative capacity.

Amendment 718 #

Proposal for a directive
Article 41 – paragraph 1 a (new)

For the purpose of swift implementation of grid connection, Member States shall ensure: (a) that the distribution system operator complies with time limits to assess the requests for injection, make an offer and implement the connection, with monitoring of the national regulatory authority in line with Article 72(t). (b) that permitting procedures for the implementation of the connection are not hampered by lack of administrative capacity.

Amendment 719 #

Proposal for a directive
Article 41 – paragraph 1 a (new)

The distribution system operator shall address requests for connection to the distribution system for renewable gas, including biomethane, with priority over requests of connection for natural gas and low-carbon gas as defined in Article 2 of this Directive.

Amendment 720 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Article 41 – paragraph 1 b (new)

For the purpose of swift implementation of grid connection of renewable gas production, Member States shall ensure: (a) that the distribution system operator comply with time limits to assess the requests for injection of renewable gases, make an offer and implement the connection, with monitoring of the national regulatory authority in line with Article 72(t). (b) 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 721 #

Proposal for a directive
Article 42 – paragraph 1

1. Where the distribution system operator or the hydrogen distribution network is part of a vertically integrated undertaking, it shall be independent at least in terms of its legal form, organisation and decision making from other activities not relating to distribution or transmission. Those rules shall not create an obligation to separate the ownership of assets of the distribution system from the vertically integrated undertaking.

Amendment 722 #

Proposal for a directive
Article 45 – paragraph 1

Article 44 (1) shall not prevent the operation of a combined transmission, LNG, storage and distribution system operator provided that the operator complies with Article 54 (1), or Articles 55 and 56, or Chapter IX . This shall also apply to the operation of a combined hydrogen transmission hydrogen distribution network operator.

Amendment 723 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 45 – paragraph 1

~~Article 44 (1)~~This Directive shall not prevent the operation of a combined transmission~~, LNG,~~ system, hydrogen network , LNG system, hydrogen terminal, natural gas and hydrogen storage and distribution system operator provided that the operator complies with ~~Article 54 (1), or Articles 55 and 56, or~~ Chapter IX .

Amendment 724 #

Proposal for a directive
Article 45 – paragraph 1

~~Article 44 (1)~~This Directive shall not prevent the operation of a combined transmission~~, LNG,~~ system, hydrogen network, LNG system, hydrogen terminal, natural gas and hydrogen storage and distribution system operator provided that the operator complies with ~~Article 54 (1), or Articles 55 and 56, or~~ Chapter IX .

Amendment 725 #

Proposal for a directive
Article 45 – paragraph 1

Article 44 (1) shall not prevent the operation of a combined transmission, LNG, storage ~~and~~, distribution system operator ~~provided that the operator complies with Article 54 (1), or Articles 55 and 56, or~~, hydrogen network, hydrogen terminal or hydrogen storage operator provided that the operator complies with Chapter IX .

Amendment 726 #

Proposal for a directive
Article 46 – paragraph 1 – point a

(a) operating, maintaining and developing under economic conditions a secure and reliable infrastructure for hydrogen transport or storage with due regard to the environment, including maximum hydrogen leakages rates, in close cooperation with connected and neighbouring hydrogen network operators and based on national net zero infrastructure planning ;

Amendment 727 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Article 46 – paragraph 1 – point b

(b) ensuring the long-term ability of the hydrogen system to meet identified reasonable demands for the transport and storage of hydrogen in the national net zero infrastructure planning;

Amendment 728 #

Proposal for a directive
Article 46 – paragraph 1 – point d

(d) providing to the operator of other networks or systems with which its system is interconnected sufficient information, including on hydrogen quality, to ensure the secure and efficient operation, coordinated development and interoperability of the interconnected system;

Amendment 729 #

Proposal for a directive
Article 46 – paragraph 1 – point g

(g) taking all reasonable measures available to prevent and minimise hydrogen emissions in their operations and carrying out, at regular intervals, a hydrogen leak detection and repair survey of all relevant components under the operator responsibility, in order to guarantee the highest level of safety;

Amendment 730 #

Proposal for a directive
Article 46 – paragraph 1 – point g

(g) taking all ~~reasonable~~necessary measures available to prevent and minimise hydrogen emissions in their operations and carrying out, at regular intervals, a hydrogen leak detection and repair survey of all relevant components under the operator responsibility;

Amendment 731 #

Proposal for a directive
Article 46 – paragraph 1 – point h

(h) submitting a hydrogen leak detection report and, where necessary, a repair or replacement programme to the competent authorities; Data on leaks and repairs shall be made publicly available

Amendment 732 #

Proposal for a directive
Article 46 – paragraph 1 – point h a (new)

(h a) set forth forecasted supply and demand for hydrogen, identifying specifically forecasts for renewable electricity production, renewable hydrogen for priority sectors only, notably very high temperature heat industrial applications, hard-to-abate aviation and maritime applications where alternatives to direct renewable electrification or not yet technically feasible. Forecasts shall be based on the latest scientific evidence, incorporates reasonable assumptions for the evolution of production, consumption and trade, and developed with input from all relevant stakeholders;

Amendment 733 #

Proposal for a directive
Article 46 – paragraph 1 – point h b (new)

(h b) coordinate with other hydrogen network operators in order to optimise co- location of production and usage as to minimise leakage risks.

Amendment 734 #

Proposal for a directive
Article 46 – paragraph 2

2. Each hydrogen network operator shall build sufficient cross-border capacity to integrate and to expand, upon requests of right to a grid connection submitted by final hydrogen customers, the European hydrogen infrastructure accommodating all economically reasonable and technically feasible demands for capacity and taking into account security of hydrogen supply. Member States and the competent regulatory authority shall ensure that the hydrogen network operator realises the infrastructure investment requested by hydrogen priority sectors at the latest within three years from its application.

Amendment 735 #

Proposal for a directive
Article 46 – paragraph 2

Amendment 736 #

Proposal for a directive
Article 46 – paragraph 2

2. Each hydrogen network operator shall build ~~sufficient~~ cross-border capacity ~~to integrate European hydrogen infrastructure accommodating all economically reasonable and technically feasible demands for capacity and taking into account security of hydrogen supply~~based on an EU wide net zero infrastructure network plan.

Amendment 737 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Article 46 – paragraph 2

2. Each hydrogen network operator shall ~~build~~ensure where relevant a sufficient cross-border capacity to integrate European hydrogen infrastructure accommodating all economically reasonable and technically feasible demands for capacity and taking into account security of hydrogen supply.

Amendment 738 #

Proposal for a directive
Article 46 – paragraph 3

3. Hydrogen network operators ~~may~~shall be responsible for ensuring efficient hydrogen quality management in their networks in line with applicable hydrogen quality standards, ~~where necessary for system managem~~to meet the quality requirements of different aend ~~subject to the approval of the regulatory authority~~-use applications.

Amendment 739 #

Proposal for a directive
Article 46 – paragraph 3 a (new)

3 a. Each Hydrogen Network Operator shall be entitled to engage in decarbonisation related activities, using a tolling model and under the supervision of the regulatory authority.

Amendment 740 #

Proposal for a directive
Article 46 – paragraph 3 a (new)

3 a. Hydrogen Network Operators shall be entitled to engage in decarbonisation related activities, using a tolling scheme and under the supervision of the regulatory authority.

Amendment 741 #

Proposal for a directive
Article 46 – paragraph 3 a (new)

3 a. Hydrogen network operators should be required to ensure stable hydrogen quality at the exit point for uses in the hard-to-abate sectors.

Amendment 742 #

Proposal for a directive
Article 46 – paragraph 3 a (new)

3 a. Hydrogen network operators should be required to ensure stable hydrogen quality at the exit point.

Amendment 743 #

Proposal for a directive
Article 46 – paragraph 3 b (new)

3 b. Hydrogen network operators which are certified according to Article 62 are entitled to delegate, on their own initiative and under their supervision, certain tasks to other hydrogen network operators which are certified according to Article 62, where the delegation of tasks does not endanger the effective and independent decision-making rights of the delegating Hydrogen Network Operator.

Amendment 744 #

Proposal for a directive
Article 47

Existing hydrogen networks 1. Member States may decide to grant a derogation from the requirements of Articles 31, 62, 63 and 64 of this Directive, and Articles 6 and 47 of [recast Gas Regulation as proposed in COM(2021) xxx] to hydrogen networks that belonged to a vertically integrated undertaking on [date of entry into force]. The derogation shall be limited in scope to the network capacity in operation on [date of entry into force]. 2. The derogation shall be limited in time and shall expire: (a) where the vertically integrated undertaking submits a request to the regulatory authority to end the derogation and such request is approved by the regulatory authority; (b) where the hydrogen network benefitting from the derogation is connected to another hydrogen network; (c) where the hydrogen network benefitting from the derogation or its capacity is expanded; (d) at the latest on 31 December 2030.Article 47 deleted

Amendment 745 #

Proposal for a directive
Article 47 – paragraph 1

1. Member States may decide to grant a derogation from the requirements of Articles 31, 62, 63 and 64 of this Directive, and Articles 6 and 47 of [recast Gas Regulation as proposed in COM(2021) xxx] to hydrogen and natural gas networks that belonged to a vertically integrated undertaking on [date of entry into force]. The derogation shall be limited in scope to the network capacity in operation on [date of entry into force].

Amendment 746 #

Proposal for a directive
Article 47 – paragraph 2 – point d

~~(d) at the latest on 31 December 2030.~~deleted

Amendment 747 #

Proposal for a directive
Article 47 – paragraph 2 – point d

(d) at the latest on 31 December 20340.

Amendment 748 #

~~Geographically confined hydrogen networks~~Closed transport system of hydrogen

Amendment 749 #

Proposal for a directive
Article 48 – paragraph 1

1. Member States may provide for regulatory authorities to grant a derogation from Article 62 for hydrogen networks which transport hydrogen from one entry point to a limited number of exit points within a geographically confined, industrial or commercial area..deleted

Amendment 750 #

Proposal for a directive
Article 48 – paragraph 1 a (new)

1 a. 1. Member States may provide for regulatory authorities or other competent authorities to classify a system which transports hydrogen within a geographically confined industrial site and does not, without prejudice to paragraph 4, supply household customers, or any other customers which are not hard to abate priority customers for hydrogen uses, as a closed transport system if: (a) for specific technical or safety reasons, the operations or the production process of the users of that system are integrated; or (b) that system transports hydrogen primarily to the owner or operator of the system or to their related undertakings. 2. Member States may provide for regulatory authorities to exempt the operator of a closed hydrogen transport system from the requirement under Article 31 that tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 72. 3. Where an exemption is granted under paragraph 2, the applicable tariffs, or the methodologies underlying their calculation, shall be reviewed and approved in accordance with Article 72 upon request by a user of the closed hydrogen transport system. 4. Closed transport systems shall be considered as transport systems for the purposes of this Directive.

Amendment 751 #

Proposal for a directive
Article 48 – paragraph 2

2. The derogations under paragraph 1 shall apply at least until 31 December 2030. As from 1 January 2031, the derogation shall expire when one of the conditions below is fulfilled: (a) where a competing renewable hydrogen producer wants to get access to the network; (b) where the exempted hydrogen network becomes connected to another hydrogen network. Member States shall take the necessary measures to ensure that access requests referred to in point (a) of this paragraph are notified to the regulatory authority.deleted

Amendment 752 #

Proposal for a directive
Article 48 – paragraph 2 – introductory part

2. The derogations under paragraph 1 shall apply at least until ~~31 December 2030. As from 1 January 2031~~15 years from the date of commencement of operation of the hydrogen network in question. As After this period, the derogation shall expire when one of the conditions below is fulfilled:

Amendment 753 #

Proposal for a directive
Article 48 – paragraph 2 – introductory part

2. The derogations under paragraph 1 shall apply at least until 31 December 20340. As from 1 January 20341, the derogation shall expire when one of the conditions below is fulfilled:

Amendment 754 #

Proposal for a directive
Article 48 – paragraph 2 a (new)

2 a. Member States may provide for regulatory authorities to grant a derogation from Article 31 for hydrogen networks which transport hydrogen from one entry point to a limited number of exit points within a geographically confined, industrial or commercial area.

Amendment 755 #

Proposal for a directive
Article 48 – paragraph 2 b (new)

2 b. The derogations under paragraph 3 shall apply at least until 31 December 2030 and the rules for negotiated third party access from Article 31 para 4 and 5 should be applied accordingly.

Amendment 756 #

Proposal for a directive
Article 49 – paragraph -1 (new)

-1. Hydrogen interconnectors shall only be build based on national net zero infrastructure planning and after having assessed the costs and benefits compared to alternative transportation modes for hydrogen.

Amendment 757 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 49 – paragraph 3

3. Such intergovernmental agreement may contain, as appropriate, rules specifying the implementation of the requirements of third-party access, tariff regulation and on the unbundling of the operator of the hydrogen interconnector, as well as rules on the certification of renewable and low-carbon hydrogen, including rules ensuring the collection of required data and the application of the criteria for accounting hydrogen produced from electricity as renewable hydrogen.deleted

Amendment 758 #

Proposal for a directive
Article 49 – paragraph 3

Amendment 759 #

Proposal for a directive
Article 49 – paragraph 3

3. Such intergovernmental agreement may contain, as appropriate, rules specifying the implementation of the requirements of third-party access, tariff regulation and on the unbundling of the operator of the hydrogen interconnector, as well as rules on the certification of renewable and low-carbon hydrogen, including rules ensuring the collection of required data and the application of the criteria for accounting low-carbon hydrogen or hydrogen produced from electricity as renewable hydrogen.

Amendment 760 #

Proposal for a directive
Article 49 – paragraph 3

3. Such intergovernmental agreement may contain, as appropriate, rules specifying the implementation of the requirements of third-party access, tariff regulation and on the unbundling of the operator of the hydrogen interconnector, as well as rules on the certification of renewable and low-carbon hydrogen, including rules ensuring the collection of required data and the application of the criteria for accounting ~~hydrogen produced from electricity as~~transported hydrogen as low carbon or renewable hydrogen.

Amendment 761 #

Proposal for a directive
Article 49 – paragraph 3

3. Such intergovernmental agreement ~~may~~shall contain~~, as appropriate,~~ rules specifying the implementation of the requirements of third-party access, tariff regulation and on the unbundling of the operator of the hydrogen interconnector, as well as rules on the certification of renewable and ~~low-carbon~~ hydrogen, including rules ensuring the collection of required data and the application of the criteria for accounting hydrogen produced from electricity as renewable hydrogen.

Amendment 762 #

Proposal for a directive
Article 49 – paragraph 3a (new)

-3a The Commission shall issue Guidelines clarifying the EU requirements on hydrogen certification for hydrogen imported from Third Countries to the purpose of streamlining and accelerating trade with third countries.

Amendment 763 #

Proposal for a directive
Article 49 – paragraph 3b (new)

3b ACER should be empowered to establish in close cooperation with National Regulatory Authorities, regulatory sandbox for interconnectors in order to accelerate trading of low carbon and renewable hydrogen from third countries.

Amendment 764 #

Proposal for a directive
Article 50 – paragraph 1

1. Without prejudice to legal duties to disclose information, each operator of a hydrogen network, hydrogen storage facility or hydrogen terminal, and each owner of a hydrogen network, shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities, and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. In particular, if the operator of a hydrogen network, hydrogen storage facility or hydrogen terminal, or the owner of a hydrogen network is part of a vertically integrated undertaking, it shall not disclose any commercially sensitive information to the remaining parts that are performing any of the functions of production or supply of the undertaking, unless this is necessary for carrying out a business transaction. Notwithstanding the above, and in compliance with the requirement of the responsible performance of its tasks as set out in Article 46., if a hydrogen network operator and a transmission system operator are part of the same undertaking, they may disclose those information with each-other that are necessary for ensuring cost-efficiency in operation and conduct of business in relation of both network operators by exploiting the synergies between them.

Amendment 765 #

Proposal for a directive
Article 50 – paragraph 1

1. Without prejudice to legal duties to disclose information, each operator of a hydrogen network, hydrogen storage facility or hydrogen terminal, and each owner of a hydrogen network, shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities, and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. I~~n particular, i~~f the operator of a hydrogen network, hydrogen storage facility or hydrogen terminal, or the owner of a hydrogen network is part of a vertically integrated undertaking, it shall not disclose, in particular, any commercially sensitive information to the remaining parts of the ~~undertaking~~vertically integrated undertaking other than transmission system operators, distribution system operators or hydrogen network operators, unless this is necessary for carrying out a business transaction.

Amendment 766 #

Proposal for a directive
Article 50 – paragraph 1

Amendment 767 #

Proposal for a directive
Article 50 a (new)

Article 50 a Closed hydrogen systems 1. Member States may provide for regulatory authorities to classify a hydrogen network which transports hydrogen within a geographically confined industrial, commercial or shared site and does not, without prejudice to paragraph 4, supply household customers, as a closed hydrogen system if: (a) for specific technical or safety reasons, the operations or the production process of the users of that hydrogen system are integrated; or (b) that system transports hydrogen primarily to the owner or operator of the system or to their related undertakings. 2. Member States may provide for regulatory authorities to exempt the operator of a closed hydrogen system from the requirements under Article 62, 63, and 64 and Article 6 of Gas Regulation that tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 71. 3. Where an exemption is granted under paragraph 2, the applicable tariffs, or the methodologies underlying their calculation, shall be reviewed and approved in accordance with Article 71 upon request by a user of the closed hydrogen system. 4. Incidental use by a small number of households with employment or similar associations with the owner of the closed hydrogen system and located within the area served by the closed hydrogen system shall not preclude an exemption under paragraph 2 being granted.

Amendment 768 #

Proposal for a directive
Article 51 – title

NIntegrated net zero infrastructure planning, network development and powers to make investment decisions

Amendment 769 #

Hildegard BENTELE, Angelika NIEBLER, Christian EHLER, Markus PIEPER

Proposal for a directive
Article 51 – paragraph 1

1. At least every two years , all transmission system operators shall submit to the relevant regulatory authority a ten- year network development plan based on existing and forecast supply and demand after having consulted the public and all relevant stakeholders. There shall be at least one single network development plan per Member State. Infrastructure operators, including LNG terminal operators, storage operators, distribution system operators as well as hydrogen, district heating infrastructure and electricity operators shall be required to provide and exchange all relevant information to the transmission system operators required for developing the single plan. That network development plan shall contain efficient measures in order to promote energy system integration and the energy efficiency first principle, and it shall guarantee the adequacy of the natural gas system and the security of supply , in particular the compliance with the infrastructure standards under Regulation (EU) 2017/1938. The ten-year network development plan, and the information which the transmission system operator considered in developing the ten-year network development plan, shall be published and accessible on a website .

Amendment 770 #

Proposal for a directive
Article 51 – paragraph 1

1. At least every two years , all transmission system operators and all hydrogen transmission network shall submit to the relevant regulatory authority a ten- year network development plan based on existing and forecast supply and demand after having consulted all relevant stakeholders. There shall be at least one single network development plan per Member State for gas and hydrogen. Infrastructure operators, including LNG terminal operators, storage operators, distribution system operators as well as hydrogen, district heating infrastructure and electricity operators shall be required to provide and exchange all relevant information to the transmission system operators required for developing the single plan and to electricity transmission system operators for developing their respective national plans. That network development plan shall contain efficient measures in order to guarantee the adequacy of the natural gas system and the hydrogen networks as well as the security of supply , in particular the compliance with the infrastructure standards under Regulation (EU) 2017/1938. The ten-year network development plan shall be published and accessible on a website .

Amendment 771 #

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

Proposal for a directive
Article 51 – paragraph 1

1. ~~At least every two yea~~National regulators , shall transmission system operators shall submit to the relevant regulatory authority a ten-year network development plan based on existing and forecast supply and demand after having consulted all relevant stakeholdersdevelop in time for the update of the national energy and climate plans as per Governance Regulation 2018/1999 integrated net zero infrastructure development plans covering at least electricity, natural gas, heat and hydrogen. Those net zero infrastructure plans shall cover the time period to 2050 and be aligned with decarbonisation pathways and milestones at EU and national level. There shall be at least one single net~~work development~~ zero infrastructure plan per Member State. Infrastructure operators, including LNG terminal operators, storage operators, transmission system operators, distribution system operators as well as hydrogen, district heating infrastructure and electricity operators and municipalities shall be required to provide and exchange all relevant information ~~to the transmission system operators required~~ for developing the single plan. Thate network development plan shall contain efficient measures in order to guarantee the adequacy of the natural gas system and the security of supply , in particular the compliance with the infrastructure standards under Regulation (EU) 2017/1938. The ten-year network zero infrastructure plan, and the information which the regulator considered in developing the net zero infrastructure plan, shall be published and accessible on a website. The net zero development plans shall ~~be published and accessible on a website~~ replace Ten Years Network Development Plans developed by transmission system operators.

Amendment 772 #

Proposal for a directive
Article 51 – paragraph 1

1. At least every two years , all transmission system operators shall submit to the relevant regulatory authority a ten- year network development plan based on existing and forecast supply and demand after having consulted the public and all relevant stakeholders. There shall be at least one single network development plan per Member State. Infrastructure operators, including LNG terminal operators, storage operators, distribution system operators as well as hydrogen, district heating infrastructure and electricity operators shall be required to provide and exchange all relevant information to the transmission system operators required for developing the single plan. That network development plan shall contain efficient measures in order to guarantee the adequacy of the natural gas system and the security of supply , in particular the compliance with the infrastructure standards under Regulation (EU) 2017/1938. The ten-year network development plan, and the information which the transmission system operator considered in developing the ten-year network development plan, shall be published and accessible on a website .

Amendment 773 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 51 – paragraph 1

1. At least every two years , all transmission system operators and all hydrogen network operators shall submit to the relevant regulatory authority a ten- year network development plan based on existing and forecast supply and demand after having consulted all relevant stakeholders. There shall be at least one single network development plan for natural gas and hydrogen per Member State. Infrastructure operators, including LNG terminal operators, storage operators, hydrogen storage and terminal operators, distribution system operators as well as ~~hydrogen,~~ district heating infrastructure and electricity operators shall be required to provide and exchange all relevant information to the transmission system operators required for developing the single plan. That network development plan shall contain efficient measures in order to guarantee the adequacy of the natural gas and hydrogen systems and the security of supply , in particular the compliance with the infrastructure standards under Regulation (EU) 2017/1938. The ten-year network development plan shall be published and accessible on a website .

Amendment 774 #

Proposal for a directive
Article 51 – paragraph 1

1. At least every two years , all transmission system operators and all hydrogen transmission network operators shall submit to the relevant regulatory authority a ten- year network development plan based on existing and forecast supply and demand after having consulted all relevant stakeholders. There shall be at least one single network development plan for gas and hydrogen per Member State. Infrastructure operators, including LNG terminal operators, storage operators, distribution system operators as well as hydrogen, district heating infrastructure and electricity operators shall be required to provide and exchange all relevant information to the transmission system operators required for developing the single plan. That network development plan shall contain efficient measures in order to guarantee the adequacy of the natural gas system and the hydrogen networks as well as the security of supply , in particular the compliance with the infrastructure standards under Regulation (EU) 2017/1938. The ten-year network development plan shall be published and accessible on a website .

Amendment 775 #

Proposal for a directive
Article 51 – paragraph 1

1. At least every two years , all transmission system operators shall submit to the relevant regulatory authority a ten- year network development plan based on existing and forecast supply and demand after having consulted all relevant stakeholders. There shall be at least one single network development plan per Member State. Infrastructure operators, including LNG terminal operators, storage operators, distribution system operators as well as hydrogen, district heating infrastructure and electricity operators and hydrogen priority sectors shall be required to provide and exchange all relevant information to the transmission system operators required for developing the single plan. That network development plan shall contain efficient measures in order to guarantee the adequacy of the natural gas and hydrogen system and the security of supply , in particular the compliance with the infrastructure standards under Regulation (EU) 2017/1938. The ten-year network development plan shall be published and accessible on a website .

Amendment 776 #

Proposal for a directive
Article 51 – paragraph 1

1. At least every two years , all transmission system operators shall submit to the relevant regulatory authority a ten- year network development plan based on existing and forecast supply and demand after having consulted all relevant stakeholders. There shall be at least one single network development plan per Member State. Infrastructure operators, including LNG terminal operators, storage operators, distribution system operators as well as hydrogen, district heating infrastructure ~~and~~, electricity operators and sectors of hydrogen priority shall be required to provide and exchange all relevant information to the transmission system operators required for developing the single plan. That network development plan shall contain efficient measures in order to guarantee the adequacy of the natural gas and hydrogen system and the security of supply , in particular the compliance with the infrastructure standards under Regulation (EU) 2017/1938. The ten-year network development plan shall be published and accessible on a website .

Amendment 777 #

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

Proposal for a directive
Article 51 – paragraph 1

1. At least every two years , all transmission system operators shall submit to the relevant regulatory authority a ten- year network development plan based on existing and forecast supply and demand after having consulted all the relevant stakeholders. There shall be at least one single network development plan per Member State. Infrastructure operators, including LNG terminal operators, storage operators, distribution system operators as well as hydrogen, district heating infrastructure and electricity operators and hydrogen priority sectors shall be required to provide and exchange all relevant information to the transmission system operators required for developing the single plan. That network development plan shall contain efficient measures in order to guarantee the adequacy of the natural gas and hydrogen system and the security of supply , in particular the compliance with the infrastructure standards under Regulation (EU) 2017/1938. The ten-year network development plan shall be published and accessible on a website .

Amendment 778 #

Proposal for a directive
Article 51 – paragraph 1

1. At least every two years , all transmission system operators shall submit to the relevant regulatory authority a ten- year network development plan based on existing and forecast supply and demand after having consulted all relevant stakeholders. There shall be at least one single network development plan per Member State for the gas sector. Infrastructure operators, including LNG terminal operators, storage operators, distribution system operators as well as hydrogen, district heating infrastructure and electricity operators shall be required to provide and exchange all relevant information to the transmission system operators required for developing the single plan. That network development plan shall contain efficient measures in order to guarantee the adequacy of the natural gas system and the security of supply , in particular the compliance with the infrastructure standards under Regulation (EU) 2017/1938. The ten-year network development plan shall be published and accessible on a website .

Amendment 779 #

Proposal for a directive
Article 51 – paragraph 2 – introductory part

2. The ~~ten-year network development~~net zero infrastructure plan shall, in particular:

Amendment 780 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 51 – paragraph 2 – point a

(a) contain the main infrastructure that needs to be built ~~or upgraded over the next ten years~~, upgraded or decommissioned, and the main flexibility solutions that need to be implemented, between the date of the plan and 2030, and 2050, consistent with the energy efficiency first principle (as applied in Article 2, point 18 of Regulation (EU)2018/1999, [Article X, point X of the new Energy Efficiency Directive], and Commission Recommendation of 28.09/2021 on Energy Efficiency First COM (2021)7014 final) and with energy system integration (as applied in Commission Communication COM (2020) 299 final and the European Parliament resolution of 19 May 2021 on a European strategy for energy system integration (2020/2241(INI));

Amendment 781 #

Proposal for a directive
Article 51 – paragraph 2 – point a

(a) contain the main infrastructure that needs to be built or upgraded over the next ten years, including infrastructure developed by distribution system operators to enable reverse flows to the transmission network;

Amendment 782 #

Claudia GAMON, Martin HOJSÍK, Christophe GRUDLER, Klemen GROŠELJ, Emma WIESNER

Proposal for a directive
Article 51 – paragraph 2 – point a

(a) cContain the main infrastructure that needs to be built or upgraded over the next ten years, consistent with the energy efficiency first principle;

Amendment 783 #

Proposal for a directive
Article 51 – paragraph 2 – point b

(b) contain all the investments and demand-side solutions not requiring new infrastructure investments already decided, and identify new investments and demand-side solutions not requiring new infrastructure investments which have to be executed in the next three years;

Amendment 784 #

Proposal for a directive
Article 51 – paragraph 2 – point b

Amendment 785 #

Proposal for a directive
Article 51 – paragraph 2 – point b

(b) contain all the investments already decided and identify new investments which have to be executed in the next three years including investments which are to be realised based on the notification of identified sectors of prioritisation;

Amendment 786 #

Proposal for a directive
Article 51 – paragraph 2 – point b

(b) contain all the investments already decided and identify new investments which have to be executed in the next three years including investments to be realised based on the notification of identified priority sectors;

Amendment 787 #

Proposal for a directive
Article 51 – paragraph 2 – point b

Amendment 788 #

Proposal for a directive
Article 51 – paragraph 2 – point b

(b) ~~contain all the investments already decided and identify new investments which have to be execut~~Incorporate and ensure the achievement of the 2035 fossil gas phase- out date under Article 1,paragraph 1a, and the sector-specific gas switch dates and pathways developed inby the ~~next three years~~Member State under Article 11a;

Amendment 789 #

Proposal for a directive
Article 51 – paragraph 2 – point c

(c) include information on infrastructure that can or will be decommissioned~~; and~~ or repurposed for the transport of hydrogen, especially to rapidly deliver hydrogen to industrial customers in hard-to-decarbonise sectors with the highest greenhouse gas abatement potential and where no other more energy and cost efficient options are available;

Amendment 790 #

Proposal for a directive
Article 51 – paragraph 2 – point c

(c) ~~include information on infrastructure that can or will be decommissioned; and~~take full account of the distribution system plans under Article 40a and be consistent with such plans (including as may be amended by the regulator);

Amendment 791 #

Proposal for a directive
Article 51 – paragraph 2 – point c

(c) include information on infrastructure that can or will be decommissioned~~; and~~, consistent with the energy efficiency first principle;

Amendment 792 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Christian EHLER, Maria da Graça CARVALHO

Proposal for a directive
Article 51 – paragraph 2 – point c

(c) include information on infrastructure that can or will be decommissioned or repurposed for the transport of hydrogen; and

Amendment 793 #

Proposal for a directive
Article 51 – paragraph 2 – point c

(c) include information on infrastructure that can or will be ~~decommissioned; and~~repurposed for the transport of hydrogen;

Amendment 794 #

Proposal for a directive
Article 51 – paragraph 2 – point c

Amendment 795 #

(c a) identify based on cost benefit assessments priority uses and locations for renewable gases, including renewable hydrogen. The cost benefit assessments should be based on a methodology drafted by the national regulator;

Amendment 796 #

Proposal for a directive
Article 51 – paragraph 2 – point c a (new)

(c a) include information on natural gas system elements that can or will be transformed of to make them suitable for hydrogen transportation; and

Amendment 797 #

Proposal for a directive
Article 51 – paragraph 2 – point c b (new)

(c b) support each municipality with cost benefit analysis for supplying heat in its area, comparing gaseous fuels with renewable-based electrification and other renewables, such as geothermal, heat-pumps, solar thermal;

Amendment 798 #

Claudia GAMON, Martin HOJSÍK, Christophe GRUDLER, Klemen GROŠELJ, Emma WIESNER

Proposal for a directive
Article 51 – paragraph 2 – point c c (new)

(c c) amend and revise and eventually replace ten-year network development plans prepared by the transmission system operators, in light of EU and national decarbonisation and natural gas phase out objectives;

Amendment 799 #

Proposal for a directive
Article 51 – paragraph 2 – point d

(d) provide for a time frame for all investment and decommissioning projects and all demand-side solutions not requiring new infrastructure investments;

Amendment 800 #

Proposal for a directive
Article 51 – paragraph 2 – point d

(d) provide for a time frame for all investment and decommissioning projects and all demand-side solutions not requiring new infrastructure investments;

Amendment 801 #

Proposal for a directive
Article 51 – paragraph 2 – point d

(d) provide for a time frame for all investment and decommissioning projects and flexibility solutions;

Amendment 802 #

Proposal for a directive
Article 51 – paragraph 2 – point d a (new)

(d a) include information on capacity needs, both in volume and duration, as negotiated between network users and hydrogen network operators;

Amendment 803 #

Hildegard BENTELE, Angelika NIEBLER, Christian EHLER, Markus PIEPER

Proposal for a directive
Article 51 – paragraph 2 – point d b (new)

(d b) identify investment gaps, in particular with respect to cross-border capacities;

Amendment 804 #

Proposal for a directive
Article 51 – paragraph 2 – point e

(e) be based on a joint scenario ~~framework~~s developed between the relevant infrastructure operators, including relevant distribution system operators, of at least gas ~~and electricity~~, hydrogen, electricity and district heating, to be used as a basis for the respective network modelling and taking into account the joint scenarios from the Union-wide ten-year network development plan;

Amendment 805 #

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

Proposal for a directive
Article 51 – paragraph 2 – point e

(e) be based on a joint scenario framework ~~develope~~incorporating reasonable assumptions for the evolution of production, consumption and trade, and developed with input from all relevant stakeholders and between the relevant infrastructure operators, including relevant distribution system operators, of at least gas, hydrogen and electricity;

Amendment 806 #

Proposal for a directive
Article 51 – paragraph 2 – point e

Amendment 807 #

Proposal for a directive
Article 51 – paragraph 2 – point e

(e) be based on a joint scenario framework ~~developed between the relevant infrastructure operators, including relevant distribution system operators, of at least gas and electricity~~and modelling for electricity, gas, heat, and hydrogen, which are based on the latest scientific evidence, incorporate reasonable assumptions for the evolution of production, consumption and trade, and are developed with input from all relevant stakeholders;

Amendment 808 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO

Proposal for a directive
Article 51 – paragraph 2 – point e

(e) be based on a joint scenario framework developed between the transmission system operators, where other relevant infrastructure operators, including relevant distribution system operators, of at least gas and electricity; are invited to provide input through a consultation process.

Amendment 809 #

Proposal for a directive
Article 51 – paragraph 2 – point e

(e) be based on a joint scenario framework developed between the relevant infrastructure operators, including relevant distribution system operators, of at least gas, hydrogen and electricity;

Amendment 810 #

Proposal for a directive
Article 51 – paragraph 2 – point g

(g) be in line with the integrated national energy and climate plan and its updates, and with the integrated national energy climate reports submitted in accordance with Regulation (EU) 2018/1999 and support the climate- neutrality objective set out in Article 2(1), of Regulation (EU) 2021/1119. Where relevant, Member States shall ensure the independence of the competent national authority.

Amendment 811 #

Claudia GAMON, Christophe GRUDLER, Klemen GROŠELJ, Emma WIESNER

Proposal for a directive
Article 51 – paragraph 2 – point g

(g) ~~be in line with~~contribute to achieving the integrated national energy and climate plan and its updates, and with the integrated national energy climate reports and long- term strategies submitted in accordance with Regulation (EU) 2018/1999, and support the GHG emissions reductions and climate- neutrality objectives set out in Articles 2(1)and 4(1), of Regulation (EU) 2021/1119.

Amendment 812 #

Proposal for a directive
Article 51 – paragraph 2 – point g

(g) ~~be in line with~~contribute to achieving the integrated national energy and climate plan and its updates, and ~~with~~ the integrated national energy climate reports and long-term strategies submitted in accordance with Regulation (EU) 2018/1999, and support the GHG emissions reductions and climate- neutrality objectives set out in Articles 2(1)and 4(1), of Regulation (EU) 2021/1119.

Amendment 813 #

Proposal for a directive
Article 51 – paragraph 2 – point g

(g) be in ~~line with the integrated national energy and climate plan and its updates, and with the integrated~~tegrated into the update of the national energy climate reports ~~submitted~~due by 30 June 2024 in accordance with Regulation (EU) 2018/1999 and support the climate- neutrality objective set out in Article 2(1), of Regulation (EU) 2021/1119.;

Amendment 814 #

Proposal for a directive
Article 51 – paragraph 2 – point g a (new)

(g a) be in line with the latest Union energy and climate objectives for 2030 as defined under targets agreed in Directive (EU) .../...[recast EED], Article 26 of the Directive (EU) …/… [recast EPBD] and Article X of the Directive (EU) …/… [recast RED], any future 2040 milestones and the EU’s2050 net zero emissions target.

Amendment 815 #

Proposal for a directive
Article 51 – paragraph 2 – point g a (new)

(g a) be consistent with the Union-wide ten-year network development plan as set out in Article 29 and Article 43 of Regulation ... [recast Gas Regulation as proposed in COM(2021)xxx].

Amendment 816 #

Claudia GAMON, Martin HOJSÍK, Christophe GRUDLER, Klemen GROŠELJ, Emma WIESNER

3. When elaborating the ten-year network development plan, the transmission system operator shall fully take into account the potential for alternatives to system expansion, for instance the use of demand response, as well as expected consumption following the application of the energy efficiency first principle, trade with other countries and the Union-wide network development plan. The transmission system operator shall assess how to address, where possible, a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets Consistent with the energy efficiency first principle and energy system integration, the transmission system operator shall prioritise alternatives to system expansion and new infrastructure investment if such alternatives will more efficiently achieve the objectives to be met. The transmission system operator shall assess how to address, where possible, a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets. All infrastructure investments, decommissioning projects and demand-side solutions not requiring new infrastructure investments which are identified in the ten-year network development plan shall be supported by a cost-benefit analysis consistent with the methodologies set forth in Article 11 of [the revised TEN-E Regulation].

Amendment 817 #

Proposal for a directive
Article 51 – paragraph 3

3. When elaborating the ten-year 3. network development plan, the transmission system operator shall fully take into account the potential for alternatives to system expansion, for instance the use of demand response, as well as expected consumption following the application of the energy efficiency first principle, trade with other countries and the Union-wide network development plan. The transmission system operator shall assess how to address, where possible, a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets Consistent with the energy efficiency first principle and energy system integration, the transmission system operator shall prioritise alternatives to system expansion and new infrastructure investment if such alternatives will more efficiently achieve the objectives to be met. The transmission system operator shall assess how to address, where possible, a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets. All infrastructure investments, decommissioning projects and demand-side solutions not requiring new infrastructure investments which are identified in the ten-year network development plan shall be supported by a cost-benefit analysis consistent with the methodologies set forth in Article 11 of Regulation (EU) 2022/869.

Amendment 818 #

Hildegard BENTELE, Angelika NIEBLER, Christian EHLER, Markus PIEPER

Proposal for a directive
Article 51 – paragraph 3

3. When elaborating the ten-year network development plan, the transmission system operator and the hydrogen network operator shall fully take into account the potential for alternatives to system expansion, ~~for instance the use of demand response, as well as~~in particular decommissioning or repurposing of infrastructure as well as demand-side solutions not requiring new infrastructure, and expected consumption following the application of the energy efficiency first principle, trade with other countries and the Union-wide network development plan. The transmission system operator and the hydrogen network operator shall assess how to address, where possible, a need across electricity and gases systems including information on the optimal location and size of energy storage ~~and power to gas assets~~ , power to gas assets and hydrogen- ready plants. The hydrogen network operator shall include information on the location of industrial customers in hard- to-decarbonise sectors with the highest greenhouse gas abatement potential. The transmission system operator and hydrogen network operator shall make reasonable assumptions about the evolution of production, supply and consumption.

Amendment 819 #

Proposal for a directive
Article 51 – paragraph 3

3. When elaborating the ten-year network development plan, the transmission system operators and the hydrogen transmission network operators shall fully take into account the potential for alternatives to system expansion, ~~for instance~~in particular, repurposing of infrastructure as well as the use of demand response, a~~s well as~~nd expected consumption following the application of the energy efficiency first principle, trade with other countries and the Union-wide network development plan. The transmission system operator ~~shall~~and the hydrogen transmission network operators shall, jointly with the electricity transmission system operator, assess how to address, where possible, a need across electricity and gases systems including information on the ~~optimal~~suitable location and size of energy storage and power to gas assets . The transmission system operator and the hydrogen transmission system operator shall also make reasonable assumptions about the evolution of the production, supply, consumption and exchanges with other countries.

Amendment 820 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Angelika NIEBLER, Cristian-Silviu BUŞOI, Christian EHLER, Maria da Graça CARVALHO

Proposal for a directive
Article 51 – paragraph 3

3. When elaborating the ~~ten-year network development plan, the transmission system oper~~net zero infrastructure plan, the regulator shall fully take into account the potential for alternatives to system expansion, for instance the use of ~~demand response,~~electrification of low temperature heat applications, alternative transport modes to pipelines, demand response, shifting of demand, all energy saving measures in industry with payback times lower than 8 years as well as expected consumption following the application of the energy efficiency first principle, trade with other countries and the Union-wide network development plan. The ~~transmission system oper~~regulator shall assess how to address, where possible, a need across electricity, hydrogen, heat and gases systems including information on the optimal location and size of energy storage and power to gas assets and planning for colocation of future production and use sites.

Amendment 821 #

Proposal for a directive
Article 51 – paragraph 3

3. When elaborating the ten-year network development plan, the transmission system operators and the hydrogen transmission network operators shall fully take into account the potential for alternatives to system expansion, ~~for instance~~in particular, repurposing of infrastructure as well as the use of demand response, a~~s well as~~nd expected consumption ~~following the application of the energy efficiency first principle~~, trade with other countries and the Union-wide network development plan. The transmission system operators and the hydrogen transmission network operators shall assess how to address, where possible, a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets . The transmission system operator shall also make reasonable assumptions about the evolution of the production, supply, consumption and exchanges with other countries.

Amendment 822 #

Proposal for a directive
Article 51 – paragraph 3

3. When elaborating the ten-year network development plan, the transmission system operator shall fully take into account the potential for alternatives to system expansion, for instance the use of demand response which enhances the creation of new hydrogen lead markets, as well as expected consumption following the application of the energy efficiency first principle, the prioritisation of the industrial users which have the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen, trade with other countries and the Union-wide network development plan. The transmission system operator shall assess how to address, where possible, a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets .

Amendment 823 #

Proposal for a directive
Article 51 – paragraph 3

3. When elaborating the ten-year network development plan, the transmission system operator shall fully take into account the potential for alternatives to system expansion, for instance the use of demand response enhancing the creation of new hydrogen lead markets, as well as expected consumption following the application of the energy efficiency first principle, the prioritisation of industrial users having the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen, trade with other countries and the Union-wide network development plan. The transmission system operator shall assess how to address, where possible, a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets .

Amendment 824 #

Proposal for a directive
Article 51 – paragraph 3

3. When elaborating the ten-year network development plan, the transmission system operator shall fully take into account the potential for alternatives to system expansion, for instance the use of demand response which enhances the creation of new hydrogen lead markets, as well as expected consumption following the application of the energy efficiency first principle, the priorisation of the industrial users which have the highest greenhouse gases emission abatement potential, trade with other countries and the Union-wide network development plan. The transmission system operator shall assess how to address, where possible, a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets .

Amendment 825 #

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

Proposal for a directive
Article 51 – paragraph 3

3. When elaborating the ten-year network development plan, the transmission system operator shall fully take into account the views of all operators providing input to the development plan. The transmission system operator shall fully take into account the potential for alternatives to system expansion, for instance the use of demand response, as well as expected consumption following the application of the energy efficiency first principle, trade with other countries and the Union-wide network development plan. The transmission system operator shall assess how to address, where possible, a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets .

Amendment 826 #

Proposal for a directive
Article 51 – paragraph 3

3. When elaborating the ten-year network development plan, the natural gas transmission system operator shall fully take into account the potential for alternatives to system expansion, for instance the use of demand response, as well as expected consumption following the application of the energy efficiency first principle, trade with other countries and the Union-wide network development plan. The natural gas transmission system operator together with the electricity transmission system operator shall assess how to address, where possible, a need across electricity and gases systems including information on the ~~optimal~~most suitable location and size of energy storage and power to gas assets .

Amendment 827 #

Proposal for a directive
Article 51 – paragraph 4

4. The regulatory authority shall consult all actual or potential system users on the ten-year network development plan in an open and transparent manner. Persons or undertakings claiming to be potential system users may be required to substantiate such claims. The regulatory authority shall publish the result of the consultation process, in particular possible neand all relevant stakeholders on the net zero infrastructure plan in an open and transparent manner. The regulatory authority shall publish the result of the consultation process, including possible needs for investments, decommissioning of assets, and flexibility interventions. When engaging in the consultation, the regulatory authority shall abide by at least the public participation and transparency requirements applicable to plans and programmes under Regulation(EC) No 1367/2006. The following shall also apply: a. the consultations shall involve at least the following stakeholders system operators for gas and electricity; gas producers, storage operators, and LNG operators; electricity storage operators, electricity market participants, electricity customers, independent aggregators, demand-response operators, and electricity producers (all of the above as defined in Directive 2019/944); organisations involved in hydrogen production, transmission, storage and consumption; organisations involved in the generation, transmission, and consumption of heat; operators of heating systems; consumers of heat; organisations involved in energy efficiency solutions and building renovations; local authorities; and civil society organisations; b. All documents and minutes of meetings related to the consultations shall be made public; and c. The regulatory authority shall provide a draft net zero infrastructure plan in advance for comments by the above stakeholders, along with all background documents and other information useds for ~~investments.~~ developing the draft plan.

Amendment 828 #

Claudia GAMON, Martin HOJSÍK, Christophe GRUDLER, Klemen GROŠELJ, Emma WIESNER

Proposal for a directive
Article 51 – paragraph 4

4. The regulatory authority shall consult all actual or potential system users, all relevant stakeholders, and the public, on the ten-year network development plan in an open and transparent manner. Persons or undertakings claiming to be potential system users may be required to substantiate such claims. The regulatory authority shall publish the result of the consultation process, in ~~particular~~cluding possible needs for investments, decommissioning of assets and demand-side solutions not requiring new infrastructure investments.

Amendment 829 #

Proposal for a directive
Article 51 – paragraph 4

4. The regulatory authority shall consult all actual or potential system users, all relevant stakeholders, on the ten-year network development plan in an open and transparent manner. Persons or undertakings claiming to be potential system users may be required to substantiate such claims. The regulatory authority shall publish the result of the consultation process, in ~~particular~~cluding possible needs for investments., decommissioning of assets and demand-side solutions not requiring new infrastructure investments

Amendment 830 #

Claudia GAMON, Martin HOJSÍK, Emma WIESNER

Proposal for a directive
Article 51 – paragraph 5 – introductory part

5. The regulatory authority shall examine and publish a decision as to whether the ten-year network development plan covers all investment needs identified during the consultation process, whether it promotes energy system integration and the energy efficiency first principle, and whether it is consistent with the most recent Union wide simulation of disruption scenarios carried out by the ENTSO for Gas under Article 7 of Regulation (EU) 2017/1938, with the regional and national risk assessments and the non-binding Union -wide ten-year network development plan ( Union -wide network development plan) referred to in Article 30(1), point (b), of Regulation (EU) 2019/943 . If any doubt arises as to the consistency with the Union - wide network development plan, the regulatory authority shall consult ACER . The regulatory authority ~~may require the transmission system operator to amend its ten-year network development plan~~shall require the transmission system operator to amend its ten-year network development plan to resolve any identified inconsistencies with the considerations set forth in this paragraph. The competent national authorities shall examine and publish a report regarding the consistency of the ten-year network development plan with the national energy and climate plan and its updates, with the integrated national energy climate reports and long-term strategies submitted in accordance with Regulation (EU) 2018/1999, the Union's climate and energy targets and the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030, compared to 2015. The report shall be reviewed by the European Scientific Advisory Board on Climate Change, which shall have the authority to approve or amend the report. The transmission system operator shall amend its ten-year network development plan to resolve inconsistencies identified in the report, including as approved or amended.

Amendment 831 #

Proposal for a directive
Article 51 – paragraph 5 – introductory part

5. The regulatory authority shall examine and publish a decision as to whether the ten-year network development plan covers all investment needs identified during the consultation process, and whether it is consistent with the most recent Union wide simulation of disruption scenarios carried out by the ENTSO for Gas under Article 7 of Regulation (EU) 2017/1938, with the regional and national risk assessments and the non-binding Union -wide ten-year network development plan ( Union -wide network development plan) referred to in Article 30(1), point (b), of Regulation (EU) 2019/943 . If any doubt arises as to the consistency with the Union - wide network development plan, the regulatory authority shall consult ACER . The regulatory authority may shall require the transmission system operator to amend its ten-year network development plan. to resolve any identified inconsistencies with the considerations set forth in this paragraph. The competent national authorities shall examine and publish a report regarding the consistency of the ten-year network development plan with the national energy and climate plan and its updates, and with the integrated national energy climate reports and long- term strategies submitted in accordance with Regulation (EU) 2018/1999, the Union's climate and energy targets and the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030, compared to 2015. The European Scientific Advisory Board on Climate Change may review and give recommendations to amend the report. The transmission system operator shall amend its ten-year network development plan to resolve inconsistencies identified in the report, including as approved or amended

Amendment 832 #

Proposal for a directive
Article 51 – paragraph 5 – introductory part

5. The regulatory authority shall examine whether the ten-year network development plan covers all investment needs identified during the consultation process, and whether it is consistent with the most recent Union wide simulation of disruption scenarios carried out by the ENTSO for Gas under Article 7 of Regulation (EU) 2017/1938, with the regional and national risk assessments and the non-binding Union -wide ten-year network development plan ( Union -wide network development plan) referred to in Article 30(1), point (b), of Regulation (EU) 2019/943 . If any doubt arises as to the consistency with the Union -wide network development plan, the regulatory authority shall consult ACER . The regulatory authority may require the transmission system operator to amend its ten-year network development planAgency shall ensure comparability and consistency of national net zero infrastructure plans across Member States. The system operators shall use the national net zero infrastructure plan as a basis for their duties.

Amendment 833 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 51 – paragraph 5 – introductory part

5. The regulatory authority shall examine whether the ten-year network development plan covers all investment needs identified during the consultation process, and whether it is consistent with the most recent Union wide simulation of disruption scenarios carried out by the ENTSO for Gas under Article 7 of Regulation (EU) 2017/1938, with the regional and national risk assessments, the Union-wide ten-year network development plans referred to in Article 29 and Article 43 of Regulation ... [recast Gas Regulation as proposed in COM(2021) and the non-binding Union -wide ten-year network development plan ( Union -wide network development plan) referred to in Article 30(1), point (b), of Regulation (EU) 2019/943 . If any doubt arises as to the consistency with the Union -wide network development plan, the regulatory authority shall consult ACER . The regulatory authority may require the transmission system operator or the hydrogen network operator to amend its ten-year network development plan.

Amendment 834 #

Proposal for a directive
Article 51 – paragraph 5 – introductory part

5. The regulatory authority shall examine whether the ten-year network development plan covers all investment needs identified during the consultation process, and whether it is consistent with the most recent Union wide simulation of disruption scenarios carried out by the ENTSO ~~for Gas~~G&H under Article 7 of Regulation (EU) 2017/1938, with the regional and national risk assessments and the non-binding Union -wide ten-year network development plan ( Union -wide network development plan) referred to in Article 30(1), point (b), of Regulation (EU) 2019/943 . If any doubt arises as to the consistency with the Union -wide network development plan, the regulatory authority shall consult ACER . The regulatory authority may require the transmission system operator or the hydrogen transmission network operator to amend its ten-year network development plan.

Amendment 835 #

Proposal for a directive
Article 51 – paragraph 5 – subparagraph 1

The competent national authorities shall examine the consistency of the ten-year network development plan with the national energy and climate plan and its updates and with the integrated national energy climate reports submitted in accordance with Regulation (EU) 2018/1999.deleted

Amendment 836 #

Proposal for a directive
Article 51 – paragraph 6

6. The regulatory authority shall ~~monitor and evaluate the implementation of the ten-year network development plan.~~revise the net zero infrastructure plan every 2 years

Amendment 837 #

Proposal for a directive
Article 51 – paragraph 6 a (new)

6 a. The regulatory authority shall take the examination of network development plan into account in its approval of dedicated charges within the meaning of Article 4 of [recast Gas Regulation as proposed in COM(2021)xxx].

Amendment 838 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 51 – paragraph 7 – introductory part

7. In circumstances where the independent system operator or independent transmission operator or hydrogen network operators unbundled in accordance with the rules on the aforementioned operators, other than for overriding reasons beyond its control, does not execute an investment, which, under the ten-year network development plan, was to be executed in the following three years, Member States shall ensure that the regulatory authority is required to take at least one of the following measures to ensure that the investment in question is made if such investment is still relevant on the basis of the most recent ten-year network development plan:

Amendment 839 #

Proposal for a directive
Article 51 – paragraph 7 – introductory part

7. In circumstances where the ~~independent~~transmission system operator or ~~independ~~the hydrogent transmission network operator , other than for overriding reasons beyond its control, does not execute an investment, which, under the ten-year network development plan, was to be executed in the following three years, Member States shall ensure that the regulatory authority is required to take at least one of the following measures to ensure that the investment in question is made if such investment is still relevant on the basis of the most recent ten-year network development plan:

Amendment 840 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 51 – paragraph 7 – introductory part

7. In circumstances where the ~~independent~~ system operator ~~or independent transmission operator~~ , other than for overriding reasons beyond its control, does not execute an investment~~, which, under the ten-year network development~~ or decommissioning, which, under the net zero infrastructure plan, was to be executed in the following three years, Member States shall ensure that the regulatory authority is required to take at least one of the following measures to ensure that the investment in question is made if such investment is still relevant on the basis of the most recent ten-year network development plan:

Amendment 841 #

Proposal for a directive
Article 51 – paragraph 7 – point a

(a) to require the transmission system operator or the hydrogen transmission network operator to execute the investments in question;

Amendment 842 #

Proposal for a directive
Article 51 – paragraph 7 – point a

(a) to require the transmission system operator or the hydrogen network operator to execute the investments in question;

Amendment 843 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 51 – paragraph 7 – point a

(a) to require the ~~transmission~~ system operator to execute the investments in question;

Amendment 844 #

Proposal for a directive
Article 51 – paragraph 7 – point c

(c) to oblige the transmission system operator or the hydrogen transmission network operator to accept a capital increase to finance the necessary investments and allow independent investors to participate in the capital.

Amendment 845 #

Proposal for a directive
Article 51 – paragraph 7 – point c

(c) to oblige the transmission system operator or the hydrogen network operator to accept a capital increase to finance the necessary investments and allow independent investors to participate in the capital.

Amendment 846 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 51 – paragraph 7 – point c

(c) to oblige the ~~transmission~~ system operator to accept a capital increase to finance the necessary investments and allow independent investors to participate in the capital.

Amendment 847 #

Proposal for a directive
Article 51 – paragraph 7 – subparagraph 1 – introductory part

Where the regulatory authority has made use of its powers under point (b) the first subparagraph, it may oblige the transmission system operator or the hydrogen transmission network operator to agree to one or more of the following:

Amendment 848 #

Proposal for a directive
Article 51 – paragraph 7 – subparagraph 1 – introductory part

Where the regulatory authority has made use of its powers under point (b) the first subparagraph, it may oblige the transmission system operator or the hydrogen network operator to agree to one or more of the following:

Amendment 849 #

Proposal for a directive
Article 51 – paragraph 7 – subparagraph 1 – introductory part

Where the regulatory authority has made use of its powers under point (b) the first subparagraph, it may oblige the ~~transmission~~ system operator to agree to one or more of the following:

Amendment 850 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 51 – paragraph 7 – subparagraph 1 – point b

(b) construction or decommissioning by any third party;

Amendment 851 #

Proposal for a directive
Article 51 – paragraph 7 – subparagraph 2

The transmission system operator or the hydrogen transmission network operator shall provide the investors with all information needed to realise the investment, shall connect new assets to the transmission network and shall generally make its best efforts to facilitate the implementation of the investment project.

Amendment 852 #

Proposal for a directive
Article 51 – paragraph 7 – subparagraph 2

The transmission system operator or the hydrogen netwok operator shall provide the investors with all information needed to realise the investment, shall connect new assets to the transmission network and shall generally make its best efforts to facilitate the implementation of the investment project.

Amendment 853 #

Claudia GAMON, Martin HOJSÍK, Christophe GRUDLER, Klemen GROŠELJ

Proposal for a directive
Article 51 – paragraph 7 – subparagraph 2

The ~~transmission~~ system operator shall provide the investors with all information needed to realise the investment, shall connect new assets to the transmission network and shall generally make its best efforts to facilitate the implementation of the investment project.

Amendment 854 #

Proposal for a directive
Article 51 – paragraph 8 a (new)

8 a. Without prejudice to other consultation or transparency provisions set forth elsewhere in Union or the relevant Member States’ laws, including this Directive and [the recast Regulation as proposed in COM(2021) xxx], when engaging in the public and stakeholder consultations set forth in paragraphs 1 and 4 of this Article, the transmission system operator and the regulatory authority shall comply with the following: a. The consultations shall be effective and extensive and shall take place at an early stage and in an open, inclusive and transparent manner, involving the public and at least the following stakeholders: i. relevant market participants, ii. regulatory authorities and other relevant regional, local, urban and national authorities, iii. supply and production undertakings, iv. network users including customers, v. transmission system operators, vi. distribution system operators, vii. relevant industry associations and economic and social partners, including associations involved in electricity, gas and hydrogen markets, heating and cooling, independent aggregators, demand-response operators and organisations involved in energy efficiency solutions, viii. technical bodies, ix. relevant bodies representing civil society, such as environmental partners, non-governmental organisations, and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non-discrimination, x. research organisations and universities, where appropriate, and xi. other relevant stakeholder platforms. Consultations shall aim at identifying the views and proposals of all relevant parties during the decision-making process. b. All documents and minutes of meetings related to the consultations shall be made public. c. Before the transmission system operator submits the ten-year network development plan to the regulatory authority for approval, and in the case of the regulatory authority before the regulatory authority issues its decision approving or ordering amendments to the plan, the transmission system operator and the regulatory authority, as the case may be, shall duly explain how the observations received during the consultation have been taken into consideration. They shall also duly justify all instances where observations have not been taken into account, or have only partially been taken into account. d. To ensure early and effective participation, the transmission system operator shall always publish its draft network development plan in advance, for comment by the public and the stakeholders referenced above. The transmission system operator shall ensure that the public and such stakeholders are informed in a timely, adequate, and effective manner, including through public notices and electronic media, of: i. the draft plan being developed; ii. all background documents and other information used for development of the draft plan; iii. a non-technical summary of the information referred to under points (i) and (ii); iv. practical arrangements for participation, including: 1. a timetable and work programme for the production of the plan; 2. the entities from which relevant information may be obtained; 3. the entities to which the public and stakeholders referenced above may submit comments, opinions or questions; 4. reasonable time-frames allowing sufficient time for the public to be informed and to prepare and participate effectively in the decision-making process; and 5. an explanation of the information made available or to be made available during the consultation.

Amendment 855 #

Proposal for a directive
Article 51 – paragraph 8 a (new)

8 a. Without prejudice to other consultation or transparency provisions set forth elsewhere in Union or the relevant Member States’ laws, including this Directive and [the recast Regulation as proposed in COM(2021) xxx], when engaging in the public and stakeholder consultations set forth in paragraphs 1 and 4 of this Article, the transmission system operator and the regulatory authority shall comply with the following: a. The consultations shall be effective and extensive and shall take place at an early stage and in an open,inclusive and transparent manner, involving the public and at least the following stakeholders: i. relevant market participants, ii. regulatory authorities and other relevant regional, local, urban and national authorities, iii. supply and production undertakings, iv. network users including customers, transmission system operators, vi. distribution system operators, vii. relevant industry associations and economic and social partners, including associations involved in electricity, gas and hydrogen markets, heating and cooling, independent aggregators, demand-response operators and organisations involved in energy efficiency solutions, viii. technical bodies, ix. relevant bodies representing civil society, such as environmental partners, consumers' organisations, trade unions, non-governmental organisations, and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non-discrimination, x. research organisations and universities, where appropriate, and xi. other relevant stakeholder platforms. Consultations shall aim at identifying the views and proposals of all relevant parties during the decision-making process. b. All documents and minutes of meetings related to the consultations shall be made public. c. Before the transmission system operator submits the ten-year network development plan to the regulatory authority for approval, and in the case of the regulatory authority before the regulatory authority issues its decision approving or ordering amendments to the plan, the transmission system operator and the regulatory authority, as the case may be, shall duly explain how the observations received during the consultation have been taken into consideration. They shall also duly justify all instances where observations have not been taken into account, or have only partially been taken into account. d. To ensure early and effective participation, the transmission system operator shall always publish its draft network development plan in advance, for comment by the public and the stakeholders referenced above. The transmission system operator shall ensure that the public and such stakeholders are informed in a timely, adequate, and effective manner, including through public notices and electronic media, of: i. the draft plan being developed ii. all background documents and other information used for development of the draft plan; iii. a non-technical summary of the information referred to under points (i) and (ii); iv. practical arrangements for participation, including: 1. a timetable and work programme for the production of the plan; 2. the entities from which relevant information may be obtained; 3. the entities to which the public and stakeholders referenced above may submit comments, opinions or questions; 4. reasonable time-frames allowing sufficient time for the public to be informed and to prepare and participate effectively in the decision-making process; and 5. an explanation of the information made available or to be made available during the consultation

Amendment 856 #

Proposal for a directive
Article 51 a (new)

Article 51 a Distribution network development plans 1. The development of a distribution system shall be based on a network development plan that the distribution system operator shall publish at least every two years and shall submit to the regulatory authority for approval. The network development plan shall set out the planned investments and decommissioning of the network for the next five-to-ten years with particular emphasis on the main distribution infrastructure which will be decommissioned orwill no longer require upgrading. Network development plans shall: a. be aligned with the Member State’s national energy and climate plan, national energy and climate report and long-term strategy submitted under Regulation (EU) 2018/1999, and contribute to the achievement of regional and national climate and energy targets for 2030 and 2050; b. promote the energy efficiency first principle and energy system integration; c. prioritise the use of energy efficiency, renewables-based electrification, energy storage facilities or other available energy system resources as an alternative to system expansion where doing so is more efficient; d. take into account the comprehensive heating and cooling assessments and all relevant local heating and cooling plans as set out in [recast EED Article 23] in line with the objective of achieving climate neutrality by2040 and a phase-out of all fossil fuels in heating and cooling, and a network utilisation rate scenario carried out by the regulatory authority to support the identification of assets that may need to be decommissioned within the next twenty years. 2. The network development plan shall be based on integrated modelling scenarios, which integrate the latest scientific evidence and climate objectives, and incorporate assumptions on gas and electricity sectors demand, energy efficiency, electrification, and network demand for renewable and waste heat, and renewable hydrogen. The distribution system operator shall conduct a public consultation on the assumptions and modelling scenarios inviting all relevant energy market participants, local governments, relevant bodies representing civil society (such as environmental partners, non-governmental organisations and consumer associations) and the general public. 3. The distribution system operator shall conduct an extensive public consultation on the draft network development plan. The consultation shall include the public and at least the following relevant stakeholders: local authorities, the relevant energy system operators, including the electricity transmission and distribution operators, supply and production undertakings, network users including customers, relevant industry and economic and social partners(including associations involved in electricity, gas and hydrogen markets, heating and cooling, independent aggregators, demand-response operators and organisations involved in energy efficiency solutions), relevant bodies representing civil society (such as environmental partners, non- governmental organisations and consumer associations) and research organisations and universities where appropriate. To ensure early and effective participation, the distribution system operator shall publish a draft of the network development plan in advance for comment by the public and stakeholders, providing sufficient advance notice to allow for the public and stakeholders to participate in a timely, adequate, and effective manner. When publishing the draft plan for consultation, the distribution system operator shall explain how the public and stakeholders may participate, and it shall also publish all background documents and other information used for development of the draft network development plan, and a non-technical summary of the plan and such background documents and information. 4. The distribution system operator shall publish the results of the consultation processes along with the draft network development plan, and submit the results of the consultation and the draft network development plan to the regulatory authority. At the same time, the distribution system operator shall duly explain how the observations received during the consultation have been taken into consideration, and it shall duly justify all instances where observations have not been taken into account, or have only partially been taken into account. 5. The regulatory authority may approve or reject the draft network plan and may request amendments to the plan before approval. 6. Member States may decide not to apply the obligation set out in paragraph 2 to gas systems in a geographically separate region whose consumption, in 2008, accounted for less than 3% of the total consumption of the Member State of which it is part. 7. Where the network utilisation scenario referenced in paragraph 1 identifies assets that may require decommissioning before the end of their originally projected useful life, the distribution system operator shall propose interventions to the regulatory authority to equitably allocate the cost of the assets over their remaining life until they are decommissioned. Such interventions could include, for example, adjusting the depreciation profile or timeline of the assets. Taking into consideration the energy efficiency first principle and energy system integration, the regulatory authority shall decide whether such assets should be decommissioned before the end of their originally projected useful life and, if so, whether any of the interventions proposed by the distribution system operator, or any alternative interventions, shall be implemented to equitably allocate the cost of the assets over their remaining lifetime until decommissioning. The distribution system operator shall implement the interventions decided by the regulatory authority.

Amendment 857 #

Proposal for a directive
Article 51 a (new)

Article 51 a Local network connection and reinforcement planning 1. Transmission system operators and distribution systems operators shall establish local network connection and reinforcement plans for the purpose of ensuring firm capacity and continuous injection to renewable gas production as required in Articles 18 and 33 of the (Regulation XXX/YYYY on the internal market’s rules for renewable and natural gases and for hydrogen) in a cost-efficient manner. A plan shall be established for each territorial unit that is covered by or close to a natural gas network and within which biomethane production potential has been assessed pursuant to Article 17bis of (Regulation XXX/YYYY on the internal market’s rules for renewable and natural gases and for hydrogen). 2. The local network connection and reinforcement plans shall define the most relevant and cost-efficient network connections and network reinforcements to be performed by the system operators as the renewable gas projects develop, based on criteria set by the competent regulatory authority. 3. System operators shall draft the plans based on the existing pipeline of renewable gas production projects, the assessed potential of biomethane production referred to in Article 17bis of (Regulation XXX/YYYY on the internal market’s rules for renewable and natural gases and for hydrogen), a regional gas demand forecast, and on the consultation of the relevant regional and local authorities. 4. The plans shall be submitted to the regulatory authority for approval. All plans shall be submitted within two years after the transposition of this Directive. Once approved, network connections requested by renewable gas producers and network reinforcements shall be in line with these plans. 5. Member States shall ensure that the regulatory authority swiftly delivers on the approval of local network connection and reinforcement plans. 6. The local plans are reviewed regularly as appropriate.

Amendment 858 #

Proposal for a directive
Article 51 a (new)

Article 51 a Decommissiong of inactive pipelines 1. In case where an interconnector or hydrogen interconnector between a Member State and a third country located in the territorial sea is not commercially used for supplies for 36 months, the Commission shall conduct an analysis of the functioning of that interconnector or hydrogen interconnector with a view of adopting an opinion on decommissioning of that infrastructure. For the purpose of this analysis, the Commission may request the opinion of the ACER and ENTSO for Gas. 2. The assessment concerning decommissioning shall take into account the availability of alternative zero emission energy sources, impact on security of supplies to Member States and European Union and the environmental impact of the inactive interconnector or hydrogen interconnector between a Member State and a third country located in the territorial sea. 3. The Commission shall adopt an opinion on the decommissioning of an inactive interconnector or hydrogen interconnector between a Member State and a third country located in the territorial sea within 120working days. 4. The national regulatory authority shall adopt final decision concerning decommissioning fully in line with the opinion presented by the Commission within 120 working days from adoption of the opinion by the Commission. 5. In case where the interconnector or hydrogen interconnector between a Member State and a third country located in the territorial sea is subject to certification as provided in art. 65 or 66 or derogation procedure as provided in art. 81, the 36 months period defined in paragraph 1 shall begin on the day of the first request submitted to national regulatory authority concerning certification or derogation procedure.

Amendment 859 #

Proposal for a directive
Article 51 a (new)

Article 51 a Promoting renewable gases uptake To boost the biomethane sector, a binding EU target of [35-40 bcm] biomethane production by2030 is introduced. This target should be revised upwards after 2030 in line with market trends. Similarly, to boost hydrogen sector, a binding EU target of [70 bcm gas equivalent]biomethane production by 2030, inclusive of imports, is introduced. To promote the scale up of low carbon and renewable gases, Member States may introduce national strategies towards biomethane production from sustainable biomass sources and renewable hydrogen, including targets alongside blending mandates and leveraging on the use of EU funds, including from the Common Agricultural Policy funding. In relation to low carbon hydrogen and carbon sequestration, Member States may carry out an impact assessment on carbon sequestration potential and issue national strategies alongside, inclusive of targets.

Amendment 860 #

Proposal for a directive
Article 51 b (new)

Article 51 b Promoting biomethane uptake and biogas pooling Before 31 December 2023, Member States should carryout a mapping of biomethane potential at national level as part of their national strategies for biomethane development. 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 861 #

Proposal for a directive
Article 52

Hydrogen network development reporting 1. Hydrogen network operators shall submit to the regulatory authority, at regular intervals as determined by that authority, an overview of the hydrogen network infrastructure they aim to develop. That overview shall in particular: (a) include information on capacity needs, both in volume and duration, as negotiated between network users and hydrogen network operators; (b) include information on the extent to which repurposed natural gas pipelines will be used for the transport of hydrogen; (c) be in line with the integrated national energy and climate plan and its updates, and with the integrated national energy and climate reports submitted in accordance with Regulation (EU) 2018/1999 and support the climate- neutrality objective set out in Article 2(1) of Regulation (EU) 2021/1119. 2. Hydrogen storage and terminal operators shall provide and exchange all relevant information required for developing the overview with the hydrogen network operators. 3. The regulatory authority shall examine the overview. It shall take the overall energy-economic necessity of the hydrogen network into account in this examination as well as the joint scenario framework developed under Article 51 (2), point e). 4. The regulatory authority shall take the examination of the overview into account in its approval of dedicated charges within the meaning of Article 4 of [recast Gas Regulation as proposed in COM(2021)xxx]. 5. Hydrogen network operators shall publish on a regular basis a joint report on the development of the hydrogen system based on the overview submitted to the regulatory authority. They shall take the examination of the regulatory authority under paragraph 4 into account. 6. Member States may decide to apply the requirements pursuant to Article 51 to hydrogen network operators.Article 52 deleted

Amendment 862 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 52

Amendment 863 #

Proposal for a directive
Article 52 – paragraph 1 – introductory part

1. ~~Hydroge~~Until no later than 1 January 2031, hydrogen transmission network operators shall submit to the regulatory authority, at regular intervals as determined by that authority, an overview of the hydrogen network infrastructure they aim to develop. That overview shall in particular:

Amendment 864 #

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

1. Hydrogen network operators shall submit to the regulatory authority and make publicly available, at regular intervals as determined by that authority, an overview of the hydrogen network infrastructure they aim to develop. That overview shall in particular:

Amendment 865 #

Proposal for a directive
Article 52 – paragraph 1 – introductory part

1. Hydrogen network operators shall submit to the regulatory authority and publish, at regular intervals as determined by that authority, an overview of the hydrogen network infrastructure they aim to develop. That overview shall in particular:

Amendment 866 #

Proposal for a directive
Article 52 – paragraph 1 – point a

(a) include information on energy and capacity needs, both in volume and duration, as negotiated between network users, including end-users and hydrogen network operators;

Amendment 867 #

Markus PIEPER, Christian EHLER

Proposal for a directive
Article 52 – paragraph 1 – point a

(a) include information on energy and capacity needs, both in volume and duration, as negotiated between network users, including end-users and hydrogen network operators;

Amendment 868 #

Proposal for a directive
Article 52 – paragraph 1 – point b

(b) include information on the extent to which repurposed natural gas pipelines will be used for the transport of hydrogen, especially to rapidly deliver hydrogen to energy-intensive industries, including small and medium-sized enterprises, with the highest greenhouse gas abatement potential that have no other options to decarbonise;

Amendment 869 #

Proposal for a directive
Article 52 – paragraph 1 – point b

(b) include information on the extent to which repurposed natural gas pipelines will be used for the transport of hydrogen; especially to rapidly deliver hydrogen to sectors with the highest greenhouse gases emissions abatement potential per tonne of hydrogen consumed.

Amendment 870 #

Jerzy BUZEK, Gheorghe FALCĂ, Massimiliano SALINI, Franc BOGOVIČ, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 52 – paragraph 1 – point b a (new)

(b a) record information on applications for grid connection and notifications received for the need of infrastructure investments;

Amendment 871 #

Proposal for a directive
Article 52 – paragraph 1 – point b a (new)

(b a) include informationon the location of industrial customers and hydrogen production units;

Amendment 872 #

Markus PIEPER, Christian EHLER

Proposal for a directive
Article 52 – paragraph 1 – point c

(c) be in line with the integrated national energy and climate plan and its updates, ~~and~~ with the integrated national energy and climate reports submitted in accordance with Regulation (EU) 2018/1999 ~~and~~, support the climate- neutrality objective set out in Article 2(1) of Regulation (EU) 2021/1119. and ensure hydrogen supply to energy-intensive industries, including Small and medium- sized enterprises, with the highest greenhouse gas abatement potential that have no other options to decarbonise;

Amendment 873 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 52 – paragraph 1 – point c

(c) be in line with the integrated national energy and climate plan and its updates, and with the integrated national energy and climate reports submitted in accordance with Regulation (EU) 2018/1999 and support the climate- neutrality objective set out in Article 2(1) of Regulation (EU) 2021/1119 and be consistent with the Union-wide ten-year network development plan for gas and hydrogen as set out in Article 23[recast Gas Regulation as proposed in COM(2021) xxx].

Amendment 874 #

Claudia GAMON, Martin HOJSÍK, Christophe GRUDLER, Klemen GROŠELJ, Emma WIESNER

Proposal for a directive
Article 52 – paragraph 1 – point c

(c) be in line with the integrated national energy and climate plan and its updates, and with the integrated national energy and climate reports submitted in accordance with Regulation (EU) 2018/1999 and support the climate- neutrality objective set out in Article 2(1) of Regulation (EU) 2021/1119 and ensure hydrogen supply to industrial end-users with the highest greenhouse gases emissions abatement potential per tonne of hydrogen consumed.

Amendment 875 #

Proposal for a directive
Article 52 – paragraph 1 – point c

(c) promote energy system integration and the energy efficiency first principle, be in line with the integrated national energy and climate plan and its updates, and with the integrated national energy and climate reports and long-term strategies submitted in accordance with Regulation (EU) 2018/1999 and support the emissions reduction and climate- neutrality objectives set out in Articles 2(1) and 4(1) of Regulation (EU) 2021/1119.; and

Amendment 876 #

Proposal for a directive
Article 52 – paragraph 1 – point c

Amendment 877 #

Proposal for a directive
Article 52 – paragraph 1 – point c a (new)

(c a) set forth forecasted supply and demand for hydrogen, identifying specifically forecasts for renewable hydrogen and for priority sectors only, notably in energy-intensive industry, sustainable aviation fuels, and shipping fuels where alternatives to direct electrification are not yet pursuable.

Amendment 878 #

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

Amendment 879 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Article 52 – paragraph 1 – point c a (new)

(c a) record information on the applications for the connection to the grid and the notification received for the need of infrastructure investments as received by final hydrogen customers;

Amendment 880 #

Proposal for a directive
Article 52 – paragraph 3

3. The regulatory authority shall examine the overview. It shall take the overall energy-economic necessity of the hydrogen network into account in this examination as well as the joint scenario ~~framework~~s developed under Article 51 (2), point e).

Amendment 881 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 52 – paragraph 5

5. Hydrogen network operators shall publish ~~on a regular basi~~at least every two years a joint report on the development of the hydrogen system based on the overview submitted to the regulatory authority. They shall take the examination of the regulatory authority under paragraph 4 into account. The regulatory authority may issue an opinion on the report, assess its consistency with the Union-wide ten-year-development plan, and recommend amendments.

Amendment 882 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Sara SKYTTEDAL, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 52 – paragraph 6

6. Member States may decide to apply the requirements pursuant to Article 51 to hydrogen network operators. As from 1 January 2031 an integrated network development plan for gas and hydrogen pursuant to the process set out in Article 51 shall be mandatory for hydrogen transmission network operators and transmission system operators. If Member States opt for a system of regulated third party access to hydrogen networks in accordance with Article 31, the requirements pursuant to Article 51 shall apply immediately.

Amendment 883 #

Andreas GLÜCK, Nicola BEER, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a directive
Article 52 – paragraph 6

Amendment 884 #

Claudia GAMON, Martin HOJSÍK, Christophe GRUDLER, Klemen GROŠELJ, Emma WIESNER

Proposal for a directive
Article 52 a (new)

Article 52 a Distribution network development plans and national distribution network decommissioning strategies 1. Each Member State shall establish a national strategy to reduce the use of gas. This strategy shall include a pathway setting out the priority use of renewable gases for hard to abate sectors, including national decommissioning strategies setting targets for the gas distribution networks. The Commission shall develop guidelines for such a decommissioning strategy. 2. The development of a distribution system shall be based on a network development plan that the distribution system operator shall publish at least every two years and shall submit to the regulatory authority for approval. The network development plan shall set out the planned investments and decommissioning targets of the network for the next five-to-ten years with particular emphasis on the main distribution infrastructure which will be decommissioned or will no longer require upgrading. Network development plans shall: a. be aligned with the Member State’s national energy and climate plan, national energy and climate report and long-term strategy submitted under Regulation (EU) 2018/1999, and contribute to the achievement of regional and national climate and energy targets for 2030 and 2050; b. promote priority use of renewable gases; c. prioritise renewables-based electrification, energy storage facilities or other available energy system resources as an alternative to system expansion where doing so is more efficient; d. take into account the comprehensive heating and cooling assessments and all relevant local heating and cooling plans as set out in [recast EED Article 23] in line with the objective of achieving climate neutrality by 2040 and a phase- out of all fossil fuels in heating and cooling, and a network utilisation rate scenario carried out by the regulatory authority to support the identification of assets that may need to be decommissioned within the next twenty years. 3. The network development plan shall be based on integrated modelling scenarios, which integrate the latest scientific evidence and climate objectives, and incorporate reasonable and objective assumptions on gas and electricity sectors demand, energy efficiency, electrification, and network demand for renewable and waste heat, and renewable hydrogen. The distribution system operator shall conduct a public consultation on the assumptions and modelling scenarios inviting all relevant energy market participants, local governments, relevant bodies representing civil society, such as environmental partners, non-governmental organisations and consumer associations. 4. The distribution system operator shall conduct an extensive public consultation on the draft network development plan. The consultation shall include relevant stakeholders, such as local authorities, the relevant energy system operators, including the electricity transmission and distribution operators, supply and production undertakings, network users including customers, relevant industry and economic and social partners, including associations involved in electricity, gas and hydrogen markets, heating and cooling, independent aggregators, demand-response operators and organisations involved in energy efficiency solutions, relevant bodies representing civil society (including environmental partners, non- governmental organisations), and consumer associations), research organisations and universities where appropriate. To ensure early and effective participation, the distribution system operator shall publish a draft of the network development plan in advance for comments. 5. The distribution system operator shall publish the results of the consultation processes along with the draft network development plan, and submit the results of the consultation and the draft network development plan to the regulatory authority. At the same time, the distribution system operator shall duly explain how the observations received during the consultation have been taken into consideration, and it shall duly justify all instances where observations have not been taken into account, or have only partially been taken into account. 6. The regulatory authority may approve or reject the draft network plan and may request amendments to the plan before approval. 7. Member States may decide not to apply the obligation set out in paragraph 2 to gas systems in a geographically separate region whose consumption, in 2008, accounted for less than 3% of the total consumption of the Member State of which it is part. 8. Where the network utilisation scenario referenced in paragraph 2 identifies assets that may require decommissioning before the end of their originally projected useful life, the distribution system operator shall propose interventions to the regulatory authority to equitably allocate the efficient costs of the assets over their remaining life until they are decommissioned. Such interventions could include, for example, adjusting the depreciation profile or timeline of the assets. The regulatory authority shall decide whether such assets should be decommissioned before the end of their originally projected useful life and, if so, whether any of the interventions proposed by the distribution system operator, or any alternative interventions, shall be implemented to equitably allocate the efficient costs of the assets over their remaining lifetime until decommissioning. The distribution system operator shall implement the interventions decided by the regulatory authority.

Amendment 885 #

Christian EHLER, Jerzy BUZEK, Cristian-Silviu BUŞOI

Proposal for a directive
Article 52 a (new)

Article 52 a European Hydrogen Infrastructure Targets The European Commission shall identify, togetherwith the Member States, and after having consulted the gas infrastructureoperators, the High-Level Regional Groups and other relevant stakeholders, anumber of European hydrogen infrastructure targets (including those related tohydrogen networks, hydrogen storage and hydrogen import terminals) toensure that the hydrogen corridors identified in the REPowerEU Plan are putinto operation not later than 2030.

Amendment 886 #

Proposal for a directive
Article 53 – title

Financing ~~cross-border~~ hydrogen infrastructure, including cross-border ones

Amendment 887 #

Proposal for a directive
Article 53 – paragraph -1 (new)

-1. There shall be no cross- subsidisation between current gas grid users and the users of the future hydrogen network. The European Commission and Agency shall develop guidance on how to finance the hydrogen grid in line with the no cross-subsidisation principle.

Amendment 888 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Article 53 – paragraph 1

1. Where a hydrogen interconnector project is included in the EU-wide ten-year network development plan as referred to in Article 29 of [recast Gas Regulation as proposed in COM(2021)xxx] ~~and is not a project of common interest as referred to in [Chapter II and Annex I point 3 of Regulation xxx on Guidelines for trans- European energy infrastructure]~~, adjacent and affected hydrogen network operators shall design a project plan, including a request for cross-border cost allocation, and submit it jointly to the concerned regulatory authorities for a joint approval.

Amendment 889 #

Proposal for a directive
Article 53 – paragraph 1

1. Where a hydrogen interconnector project is included in the EU-wide ten-year network development plan as referred to in Article 29 of [recast Gas Regulation as proposed in COM(2021)xxx] and is not a project of common interest as referred to in [Chapter II and Annex I point 3 of Regulation xxx on Guidelines for trans- European energy infrastructure], adjacent and affected hydrogen network operators shall design a project plan, including a ~~reques~~n assessment for cross-border cost allocation, and submit it jointly to the concerned regulatory authorities for a joint approval.

Amendment 890 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Article 53 – paragraph 2

2. The project plan and ~~reques~~assessment for cross-border cost allocation shall be accompanied by a project-specific cost- benefit analysis, taking into account benefits beyond the borders of Member States concerned, and by a business plan evaluating the financial viability of the project, which shall include a financing solution and specify whether the hydrogen network operators involved agree on a substantiated proposal for a cross-border cost allocation.

Amendment 891 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

5. After 31 December 2030, all affected hydrogen network operators shall negotiate a system of financial compensation to ensure financing for cross-border hydrogen infrastructure. While developing that, hydrogen network operators shall conduct an extensive consultation process involving all relevant market participants.deleted

Amendment 892 #

Proposal for a directive
Article 53 – paragraph 5

Amendment 893 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 53 – paragraph 5

Amendment 894 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Article 53 – paragraph 6

6. The hydrogen network operators concerned shall agree on the system of financial compensation within 3 years and by 31 December 2033. If no agreement is reached within that period, the involved regulatory authorities shall decide jointly within 2 years. Where the relevant regulatory authorities cannot reach a joint agreement within 2 years, ACER shall take a decision, following the process pursuant to Article 6(10) in Regulation (EU) 2019/942.deleted

Amendment 895 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 53 – paragraph 6

Amendment 896 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Article 53 – paragraph 6

Amendment 897 #

Proposal for a directive
Article 53 – paragraph 7

~~7. The system of financial compensation shall be implemented in line with Article 72(1), point (b).~~deleted

Amendment 898 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 53 – paragraph 7

~~7. The system of financial compensation shall be implemented in line with Article 72(1), point (b).~~deleted

Amendment 899 #

Proposal for a directive
Article 53 – paragraph 7

~~7. The system of financial compensation shall be implemented in line with Article 72(1), point (b).~~deleted

Amendment 900 #

Angelika NIEBLER, Markus PIEPER, Christian EHLER, Hildegard BENTELE

Proposal for a directive
Article 53 – paragraph 8

~~8. For the transition to a system of financial compensation mechanism, existing capacity contracts shall not be affected by the established financial compensation mechanism.~~deleted

Amendment 901 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 53 – paragraph 8

~~8. For the transition to a system of financial compensation mechanism, existing capacity contracts shall not be affected by the established financial compensation mechanism.~~deleted

Amendment 902 #

Proposal for a directive
Article 53 – paragraph 8

~~8. For the transition to a system of financial compensation mechanism, existing capacity contracts shall not be affected by the established financial compensation mechanism.~~deleted

Amendment 903 #

Jerzy BUZEK, Gheorghe FALCĂ, Franc BOGOVIČ, Angelika NIEBLER, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Christian EHLER

Proposal for a directive
Article 53 – paragraph 9

9. Further details required to implement the process set out in this Article, including required processes and time frames, process for reviewing and if necessary amending the compensation mechanism allowing taking into account tariff evolution and the development of the hydrogen networks, shall be set in a network code established on the basis of Article 54 of [recast Gas Regulation as proposed in COM(2021)xxx].deleted

Amendment 904 #

Proposal for a directive
Article 53 – paragraph 9

Amendment 905 #

Proposal for a directive
Article 53 a (new)

Article 53 a Local network connection and reinforcement planning 1. Transmission system operators and distribution systems operators shall establish local network connection and reinforcement plans for the purpose of ensuring firm capacity and continuous injection to renewable gas production as required in Articles 18 and 33 of the (reference to revised Gas Regulation) in a cost-efficient manner. A plan shall be established for each territorial unit that is covered by or close to a natural gas network and within which biomethane production potential has been assessed pursuant to Article 17bis of (reference to revised Gas Regulation). 2. The local network connection and reinforcement plans shall define the most relevant and cost-efficient network connections and network reinforcements to be performed by the system operators as the renewable gas projects develop, based on criteria set by the competent regulatory authority. 3. System operators shall draft the plans based on the existing pipeline of renewable gas production projects, the assessed potential of biomethane production referred to in Article 17bis of (reference to revised Gas Regulation), a regional gas demand forecast, and on the consultation of the relevant regional and local authorities. 4. The plans shall be submitted to the regulatory authority for approval. All plans shall be submitted within two years after the transposition of this Directive. Once approved, network connections requested by renewable gas producers and network reinforcements shall be in line with these plans. 5. Member States shall ensure that the regulatory authority swiftly delivers on the approval of local network connection and reinforcement plans. 6. The local plans are reviewed regularly as appropriate.

Amendment 906 #

Proposal for a directive
Article 53 b (new)

Article 53 b Investments in network reinforcements 1. When the capacity of a transmission or distribution system is expected to be insufficient to accommodate additional network connections or increasing volume of renewable gas production, the relevant system operators shall establish investment programmes to deliver in due time on the necessary network reinforcements in line with the local network connection and reinforcement plans as set out in Article 53bis. They shall submit the investment programmes to the regulatory authority for approval. 2. The investment programme shall be assessed by the regulatory authority against economic criteria set by the Member State in view of ensuring limited impact on network tariffs of the network reinforcements foreseen in the "network connection and reinforcement plans" defined in Article 53bis. 3. Without prejudice to paragraph 2 of this Article, Member States shall allow system operators to include a financial contribution of the renewable gas producer and third-parties to cover the costs of the investment programme. 4. The transmission system operators shall include the approved network reinforcement for which they are responsible for execution in the ten-year network development plan referred to in Article 51.

Amendment 907 #

Proposal for a directive
Article 54 – paragraph 4

4. Member States may allow for derogations from paragraph 1, points (b) and (c) ,in the case of a regulated energy conversion, or provided that transmission system operators are not part of a vertically integrated undertaking.

Amendment 908 #

Proposal for a directive
Article 54 – paragraph 12 a (new)

12 a. Member States may allow transmission system operators and hydrogen network operators to own, develop, manage or operate network related component enabling blending into the natural gas network for decarbonization purposes.

Amendment 909 #

Proposal for a directive
Article 54 a (new)

Article 54 a [Ownership of network related components by transmission system operators and hydrogen network operators] Member States may allow transmission system operators and hydrogen network operators to own, develop, manage or operate network related component enabling blending into the natural gas network for decarbonization purposes

Amendment 910 #

Proposal for a directive
Article 56 – title

56 Unbundling of transmission system owners, hydrogen network owners, storage system and hydrogen storage operators

Amendment 911 #

Proposal for a directive
Article 56 – paragraph 4

The Commission is empowered to adopt ~~delegated~~implementing acts in accordance with Article 83 supplementing this Directive in order to set guidelines to ensure full and effective compliance of the transmission system or hydrogen network owner and of the storage system or hydrogen storage operator with paragraph 2 of this Article .

Amendment 912 #

Proposal for a directive
Article 57 – paragraph 1 – point c a (new)

(c a) Notwithstanding the above, and in compliance with the requirement of the responsible performance of their tasks, if a transmission system operator and a hydrogen network operator are part of the same vertically integrated undertaking, in order to ensure cost-efficiency in operation and conduct of business in relation of both network operators by exploiting the synergies between them, (i) assets that are necessary for the activity of gas and hydrogen transmission, except the infrastructure of the transmission systems, shall be owned by either of them, and (ii) point (b) of this Article in relation to these operators are applicable jointly, and (iii) point (c) is not applicable between these operators.

Amendment 913 #

Proposal for a directive
Article 62 – paragraph 1

1. Member States shall ensure that from [entry of transposition period+1year] hydrogen network operators are unbundled in accordance with the rules for natural gas transmission system operators set out in ~~Article 56(1) to (3)~~Sections 1, 2 and 3 of Chapter IX.

Amendment 914 #

Proposal for a directive
Article 62 – paragraph 1

Amendment 915 #

Proposal for a directive
Article 62 – paragraph 1

Amendment 916 #

Proposal for a directive
Article 62 – paragraph 1

Amendment 917 #

Proposal for a directive
Article 62 – paragraph 3

3. Where on [entry into force] the hydrogen network belonged to a vertically integrated undertaking, a Member State may decide not to apply paragraph 1. In such case, the Member State concerned shall designate an independent hydrogen network operator unbundled in accordance with the rules on independent system operators for natural gas set out Article 55. Hydrogen network operators and transmission system operators for gas unbundled in accordance with Article 54(1) can act as independent hydrogen network operator, subject to the requirements pursuant to Article 63.deleted

Amendment 918 #

Proposal for a directive
Article 62 – paragraph 3

Amendment 919 #

Proposal for a directive
Article 62 – paragraph 3

Amendment 920 #

Proposal for a directive
Article 62 – paragraph 3

3. ~~Where on [entry into force] the hydrogen network belonged to a vertically integrated undertaking, a~~A Member State may decide not to apply paragraph 1. In such case, the Member State concerned shall designate either: a) an independent hydrogen network operator unbundled in accordance with the rules on independent system operators for natural gas set out in Article 55. Hydrogen network operators and transmission system operators for gas unbundled in accordance with Article 54(1) can act as independent hydrogen network operator~~, subject to the requirements pursuant to Article 63.~~ or b) an integrated hydrogen network operator unbundled in accordance with the rules on independent transmission operators for natural gas set out in Section 3 of Chapter IX. Transmission system operators for natural gas unbundled in accordance with the rules on independent transmission operators for natural gas set out in Section 3 of Chapter IX can act as integrated hydrogen network operator.

Amendment 921 #

Andreas GLÜCK, Nicola BEER, Susana SOLÍS PÉREZ

Proposal for a directive
Article 62 – paragraph 3

3. Where ~~on [entry into force] the hydrogen network belonged to a vertically integrated undertaking,~~transmission system operators for gas are unbundled in accordance with Article 54 (1) or the rules on independent system operators for natural gas set out in Article 55 a Member State may decide not to apply paragraph 1. In such case, before 31. December 2030, the Member State concerned shall designate an independent hydrogen network operator unbundled in accordance with the rules on independent system operators for natural gas set out Article 55. Hydrogen network operators and transmission system operators for gas unbundled in accordance with Article 54(1) or Article 55 can act as independent hydrogen network operator, subject to the requirements pursuant to Article 63.

Amendment 922 #

Proposal for a directive
Article 62 – paragraph 3

Amendment 923 #