40 Amendments of Paolo BORCHIA related to 2021/0425(COD)
Amendment 105 #
Proposal for a directive
Recital 4
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 126 #
Proposal for a directive
Recital 8
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 160 #
Proposal for a directive
Recital 20
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 gasconsumption of natural gas increasingly replaced by biomethane.
Amendment 234 #
Proposal for a directive
Recital 96
Recital 96
(96) Member States should take concrete measures to assist the wider use of biogas and gas from biomassmethane, 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 306 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
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 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 313 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
Amendment 317 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
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’hydrogen of renewable origin;
Amendment 326 #
(3) ‘gases’ mean natural gas, biogas, biomethane, and hydrogen;
Amendment 352 #
Proposal for a directive
Article 2 – paragraph 1 – point 14
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
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 355 #
Proposal for a directive
Article 2 – paragraph 1 – point 18
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 369 #
Proposal for a directive
Article 2 – paragraph 1 – point 35 a (new)
Article 2 – paragraph 1 – point 35 a (new)
Amendment 395 #
Proposal for a directive
Article 2 – paragraph 1 – point 71 a (new)
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 400 #
Proposal for a directive
Article 2 – paragraph 1 – point 71 b (new)
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 402 #
Proposal for a directive
Article 2 – paragraph 1 – point 71 c (new)
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 406 #
Proposal for a directive
Article 2 – paragraph 1 – point 71 d (new)
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 416 #
Proposal for a directive
Article 3 – paragraph 4
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 551 #
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) entitled to sell self-produced renewable natural gases using the natural gas system,
Amendment 575 #
Proposal for a directive
Article 14 – paragraph 1 – point d
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 gasesgases such as biomethane, within citizen energy communities;
Amendment 602 #
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1
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 642 #
Proposal for a directive
Article 26 – paragraph 1 a (new)
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 656 #
Proposal for a directive
Article 28 – paragraph 1
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 661 #
Proposal for a directive
Article 31 – paragraph 1
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 702 #
Proposal for a directive
Article 38 – paragraph 2 a (new)
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)
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 719 #
Proposal for a directive
Article 41 – paragraph 1 a (new)
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 #
Proposal for a directive
Article 41 – paragraph 1 b (new)
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 905 #
Proposal for a directive
Article 53 a (new)
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 (new)
Amendment 907 #
Proposal for a directive
Article 54 – paragraph 4
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 909 #
Proposal for a directive
Article 54 a (new)
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 913 #
Proposal for a directive
Article 62 – paragraph 1
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 918 #
Proposal for a directive
Article 62 – paragraph 3
Article 62 – paragraph 3
Amendment 933 #
Proposal for a directive
Article 62 – paragraph 4
Article 62 – paragraph 4
4. Until 31 December 2030, Member State may designate 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. Such designation shall expire by 31 December 2030 at the latest, independently from the model applied for natural gas and electricity sectors.
Amendment 939 #
Proposal for a directive
Article 63
Article 63
Amendment 962 #
Proposal for a directive
Article 71 – paragraph 1 – point e
Article 71 – paragraph 1 – point e
(e) promoting connection and facilitating access to the network for new production capacity, in particular removing barriers that could prevent connection and access for new market entrants and of gas and hydrogen from renewable sources;,
Amendment 993 #
Proposal for a directive
Article 72 – paragraph 1 – point t
Article 72 – paragraph 1 – point t
(t) monitoring the time taken by natural gas transmission and distribution system operators or hydrogen network operators to make connections and repairs;assess network connection requests by renewable gas producers, including technical studies, and make connections and repairs for renewable gas producers and end-users
Amendment 1001 #
Proposal for a directive
Article 72 – paragraph 1 – point ee a (new)
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 1005 #
Proposal for a directive
Article 72 – paragraph 1 – point ii
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.