Activities of Franc BOGOVIČ related to 2020/0360(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on guidelines for trans-European energy infrastructure and repealing Regulation (EU) No 347/2013
Amendments (99)
Amendment 63 #
Proposal for a regulation
Recital 6
Recital 6
(6) The TEN-E policy is a central instrument in the development of an internal energy market and necessary to achieve the European Green Deal objectives. To achieve climate neutrality by 2050 and higher levels of greenhouse gas emission reductions by 2030, Europe will need a more integrated energy system, relying on higher levels of electrification based on renewable and low carbon energy sources and the decarbonisation of the gas sector. The TEN-E policy can ensure that the Union energy infrastructure development supports the required energy transition to climate neutrality in line with the energy efficiency first principle.
Amendment 71 #
Proposal for a regulation
Recital 11
Recital 11
(11) Security of supply, as one main driver behind Regulation (EU) No 347/2013, has been significantly improved through projects of common interest. Moreover, the Commission’s climate target impact assessment27 expects the consumption of natural gas to be reduced significantly because its non-abated use is not compatible with carbon-neutrality. On the other hand, the consumption of biogas, renewable and low-carbon hydrogen and synthetic gaseous fuels will increase significantly towards 2050. Therefore, the construction of new natural gas infrastructure no longer needs support through the TEN-E policy. The planning of energy infrastructure should reflect this changing gas landscape. _________________ 27 SWD(2020) 176 final
Amendment 74 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Commission’s communication on energy system integration underlines the need for integrated energy infrastructure planning across energy carriers, infrastructures, and consumption sectors. Such system integration starts from the point of departure of applying the energy efficiency first principle and taking a holistic approach beyond individual sectors. It also addresses the decarbonisation needs of the hard to abate sectors, such as parts of industry or certain modes of transport, where direct electrification is, currently, technically or economically challenging. Such investments include hydrogen and electrolysers, which are progressing towards commercial large-scale deployment. The Commission’s Hydrogen Strategy gives priority to hydrogen production from renewable and low carbon electricity, which is the cleanest solution and is most compatible with the EU climate neutrality objective. In a transitional phase however, other forms of low-carbon hydrogen are needed to more rapidly replace existing hydrogen and kick- start an economy of scale.
Amendment 91 #
Proposal for a regulation
Recital 18
Recital 18
(18) Furthermore, to achieve the Union’s 2030 and 2050 climate and energy targets and climate neutrality objective, Europe needs to significantly scale up renewable and low carbon electricity generation. The existing infrastructure categories for electricity transmission and storage are crucial for the integration of the significant increase in renewable electricity generation in the power grid. In addition, that requires stepping up investment in offshore renewable energy30 . Coordinating long- term planning and development of offshore and onshore electricity grids should also be addressed. In particular, offshore infrastructure planning should move away from the project-by-project approach towards a coordinated comprehensive approach ensuring the sustainable development of integrated offshore grids in line with the offshore renewable potential of each sea basin, environmental protection and other uses of the sea. _________________ 30 Offshore Strategy Communication
Amendment 104 #
Proposal for a regulation
Recital 38
Recital 38
(38) The costs for the development, construction, operation and maintenance of projects of common interest should in general be fully borne by the users of the infrastructureinterested investors and not just end-users of the infrastructure. When allocating costs, it should be taken into account, that end- users will not be disproportionately burdened, especially if the later could lead to energy poverty. Projects of common interest should be eligible for cross-border cost allocation where an assessment of market demand or of the expected effects on the tariffs indicate that costs cannot be expected to be recovered by the tariffs paid by the infrastructure users.
Amendment 106 #
Proposal for a regulation
Recital 40
Recital 40
(40) In an increasingly integrated internal energy market, clear and transparent rules for cost allocation across borders are necessary in order to accelerate investment in cross-border infrastructure. It is essential to ensure a stable financing framework for the development of projects of common interest while minimising the need for financial support on the one hand and at the same time encourage interested investors on the other hand, all with appropriate incentives and financial mechanisms, in order not to burden the final price of electricity through national tariffs. In deciding on cross-border cost allocation, national regulatory authorities should allocate investment costs across borders in their entirety and include them in the national tariffs, and, afterwards determine whether their impact on national tariffs could represent a disproportionate burden for consumers. The national regulatory authorities should avoid the risks of double support for projects by taking into account actual or estimated charges and revenues. Those charges and revenues should be taken into account only insofar as they relate to the projects and designed to cover the costs concerned.
Amendment 107 #
Proposal for a regulation
Recital 41
Recital 41
(41) The internal energy market legislation requires that tariffs for access to networks provide appropriate incentives for investment. However, several types of projects of common interest are likely to bring externalities that can possibly not be fully captured in and recovered through the regular tariff system. In applying the internal energy market legislation, national regulatory authorities should ensure a stable and predictable regulatory and financial framework with incentives for projects of common interest, including long-term incentives, that are commensurate with the level of specific risk of the project. That should apply in particular to cross-border projects, innovative transmission technologies for electricity allowing for large scale integration of renewable and low carbon energy, of distributed energy resources or of demand response in interconnected networks, and energy technology and digitalisation projects which are likely to incur higher risks than similar projects located within one Member State, or, promise higher benefits for the Union. Moreover, projects with high operational expenditure should also have access to appropriate incentives for investment. In particular, offshore grids for renewable energy which serve the dual functionality of electricity interconnectors and connecting renewable offshore generation projects, are likely to incur higher risks than comparable onshore infrastructure projects, due to their intrinsic connection to generation assets which brings regulatory risks, financing risks such as the need for anticipatory investments, market risks and risks pertaining to the use of new innovative technologies.
Amendment 117 #
Proposal for a regulation
Recital 6
Recital 6
(6) The TEN-E policy is a central instrument in the development of an internal energy market and necessary to achieve the European Green Deal objectives. To achieve climate neutrality by 2050 and higher levels of greenhouse gas emission reductions by 2030, Europe will need a more integrated energy system, relying on higher levels of electrification based on renewable and low-carbon sources and the decarbonisation of the gas sector. The TEN-E policy can ensure that the Union energy infrastructure development supports the required energy transition to climate neutrality in line with the energy efficiency first principle.
Amendment 130 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘smart gas grid’ means a gas network that makes use of innovative digital solutions to, technology and engineering solutions in the view of integrateing in a cost efficient manner a plurality of low- carbon and renewable gas sources in accordance with consumers’ needs and, gas quality requirements in order to reduce theand system's safety requirements, enabling the reduction of carbon footprint of the related gas consumption, enable and increased share of renewable and low- carbon gases, ands well as createing links with other energy carriers and sectors;
Amendment 133 #
Proposal for a regulation
Recital 11
Recital 11
(11) Security of supply, as one main driver behind Regulation (EU) No 347/2013, has been significantly improved through projects of common interest. Moreover, the Commission’s climate target impact assessment27 expects the consumption of natural gas to be reduced significantly because its non-abated use is not compatible with carbon-neutrality. On the other hand, the consumption of biogas, renewable and low-carbon hydrogen and synthetic gaseous fuels will increase significantly towards 2050. Therefore, the construction of new natural gas infrastructure no longer needs support through the TEN-E policy. The planning of energy infrastructure should reflect this changing gas landscape. _________________ 27 SWD(2020) 176 final
Amendment 134 #
(9 a) "Natural gas PCI at an advanced implementation stage or at a mature level" means an existing natural gas 'Project of Common Interest' which by the end of 2023 is in permitting stage or under construction or for which a CEF grant agreement for works or studies has been concluded by this date.
Amendment 136 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 b (new)
Article 2 – paragraph 1 – point 9 b (new)
(9 b) "Repurposed / Retrofitted infrastructure" means the technical upgrade or modification of existing natural gas infrastructure for use of pure hydrogen or of admixture/blending of methane with hydrogen at a pre-defined level.
Amendment 138 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 c (new)
Article 2 – paragraph 1 – point 9 c (new)
(9 c) "Blending" means the admixture of methane with hydrogen at a pre- defined level.
Amendment 141 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Commission’s communication on energy system integration underlines the need for integrated energy infrastructure planning across energy carriers, infrastructures, and consumption sectors. Such system integration starts from the point of departure of applying the energy efficiency first principle and taking a holistic approach beyond individual sectors. It also addresses the decarbonisation needs of the hard to abate sectors, such as parts of industry or certain modes of transport, where direct electrification is, currently, technically or economically challenging. Such investments include hydrogen and electrolysers, which are progressing towards commercial large-scale deployment. The Commission’s Hydrogen Strategy gives priority to hydrogen production from renewable and low- carbon electricity, which is the cleanest solution and is most compatible with the EU climate neutrality objective. In a transitional phase however, other forms of low-carbon hydrogen are needed to more rapidly replace existing hydrogen and kick- start an economy of scale.
Amendment 151 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. The decision-making body of each Group shall adopt a regional list of proposed projects of common interest drawn up in accordance with the process set out in Section 2 of Annex III, with an estimated timetable, the contribution of each project to implementing the energy infrastructure priority corridors and areas and their fulfilment of the criteria set out in Article 4.
Amendment 163 #
Proposal for a regulation
Article 4 – paragraph 1 – point c – point ii
Article 4 – paragraph 1 – point c – point ii
(ii) is located on the territory of one Member State and has a significant cross- border impact or potential to create such, as set out in point (1) of Annex IV.
Amendment 167 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the project contributes significantly to the decarbonisation objectives of the Union andor those of the third country and to sustainability, including through the integration of renewable and low carbon energy into the grid and the transmission of renewable generation to major consumption centres and storage sites, and;
Amendment 172 #
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) for the part located on Union territory, the project is in line with Directives 2009/73/EC and (EU) 2019/944 where it falls within the infrastructure categories described in points (1) and (3) of Annex II;
Amendment 173 #
Proposal for a regulation
Recital 18
Recital 18
(18) Furthermore, to achieve the Union’s 2030 and 2050 climate and energy targets and climate neutrality objective, Europe needs to significantly scale up renewable and low-carbon electricity generation. The existing infrastructure categories for electricity transmission and storage are crucial for the integration of the significant increase in renewable electricity generation in the power grid. In addition, that requires stepping up investment in offshore renewable energy30. Coordinating long- term planning and development of offshore and onshore electricity grids should also be addressed. In particular, offshore infrastructure planning should move away from the project-by-project approach towards a coordinated comprehensive approach ensuring the sustainable development of integrated offshore grids in line with the offshore renewable potential of each sea basin, environmental protection and other uses of the sea. _________________ 30 Offshore Strategy Communication
Amendment 183 #
Proposal for a regulation
Article 4 – paragraph 3 – point a – introductory part
Article 4 – paragraph 3 – point a – introductory part
(a) for electricity transmission and storage projects falling under the energy infrastructure categories set out in points (1)(a), (b), (c) and (e) of Annex II, the project ishas potential to contribute significantly to sustainability through the integration of renewable and low carbon energy into the grid and the transmission of renewable and low carbon generation to major consumption centres and storage sites, and at least one of the following specific criteria:
Amendment 190 #
Proposal for a regulation
Article 4 – paragraph 3 – point d – introductory part
Article 4 – paragraph 3 – point d – introductory part
(d) for hydrogen projects falling under the energy infrastructure categories set out in point (3) of Annex II the project is to contribute significantly to sustainability, including by reducing greenhouse gas emissions, by enhancing the deployment of renewable hydrogenhydrogen from renewable sources, or other safe and sustainable low carbon technologies, and supporting variable renewable and low carbon power generation by offering flexibility and/or storage solutions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria:
Amendment 195 #
Proposal for a regulation
Article 4 – paragraph 3 – point d – point i
Article 4 – paragraph 3 – point d – point i
(i) marketthe integration of existing or emerging markets, including by connecting existing or emerging hydrogen networks of Member States, or otherwise contributing to the emergence of an Union- wide network for the transport and storage of hydrogen, and ensuring interoperability of connected systems;
Amendment 196 #
Proposal for a regulation
Article 4 – paragraph 3 – point e – point i
Article 4 – paragraph 3 – point e – point i
(i) sustainability, including by reducing greenhouse gas emissions and enhancing the deployment of renewable hydrogen.
Amendment 203 #
Proposal for a regulation
Recital 38
Recital 38
(38) The costs for the development, construction, operation and maintenance of projects of common interest should in general be fully borne by the users of the infrastructureinterested investors and not solely by the end-users of the infrastructure. The cost allocation should ensure that end-users are not disproportionately burdened, especially if that could lead to energy poverty. Projects of common interest should be eligible for cross-border cost allocation where an assessment of market demand or of the expected effects on the tariffs indicate that costs cannot be expected to be recovered by the tariffs paid by the infrastructure users.
Amendment 204 #
Proposal for a regulation
Article 4 – paragraph 3 – point f – introductory part
Article 4 – paragraph 3 – point f – introductory part
(f) for smart gas grid projects falling under the energy infrastructure category set out in point (2) of Annex II, the project is to contribute significantly to sustainability byin the view of enabling and facilitating the integration of renewable and low-carbon gases, such as biomethane, or renewable hydrogen, into the gas distribution and transmission networks in order to reduceas well as storage systems, enabling the reduction of greenhouse gas emissions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria:
Amendment 206 #
Proposal for a regulation
Recital 40
Recital 40
(40) In an increasingly integrated internal energy market, clear and transparent rules for cost allocation across borders are necessary in order to accelerate investment in cross-border infrastructure. It is essential to ensure a stable financing framework for the development of projects of common interest while minimising the need for financial support, and at the same time to encourage interested investors, with appropriate incentives and financial mechanisms, so that in the development phase the final electricity price is not burdened by tariffs. In deciding on cross- border cost allocation, national regulatory authorities should allocate investment costs across borders in their entirety and include them in the national tariffs, and, afterwards determine whether their impact on national tariffs could represent a disproportionate burden for consumers. The national regulatory authorities should avoid the risks of double support for projects by taking into account actual or estimated charges and revenues. Those charges and revenues should be taken into account only insofar as they relate to the projects and designed to cover the costs concerned.
Amendment 207 #
Proposal for a regulation
Article 4 – paragraph 3 – point f – point i
Article 4 – paragraph 3 – point f – point i
(i) network security and quality of supply by retrofitting, repurposing, increasing the capacity or improving the efficiency and interoperability of gas transmission and distribution or storage system in day-to-day network operation by, among others, addressing challenges resulting from the injection of gases of different qualities through the deployment of innovative technologiesolutions in at least one of the following areas: innovative technologies, mechanical or engineering improvements and cybersecurity;
Amendment 210 #
Proposal for a regulation
Recital 41
Recital 41
(41) The internal energy market legislation requires that tariffs for access to networks provide appropriate incentives for investment. However, several types of projects of common interest are likely to bring externalities that can possibly not be fully captured in and recovered through the regular tariff system. In applying the internal energy market legislation, national regulatory authorities should ensure a stable and predictable regulatory and financial framework with incentives for projects of common interest, including long-term incentives, that are commensurate with the level of specific risk of the project. That should apply in particular to cross-border projects, innovative transmission technologies for electricity allowing for large scale integration of renewable and low-carbon energy, of distributed energy resources or of demand response in interconnected networks, and energy technology and digitalisation projects which are likely to incur higher risks than similar projects located within one Member State, or, promise higher benefits for the Union. Moreover, projects with high operational expenditure should also have access to appropriate incentives for investment. In particular, offshore grids for renewable energy which serve the dual functionality of electricity interconnectors and connecting renewable offshore generation projects, are likely to incur higher risks than comparable onshore infrastructure projects, due to their intrinsic connection to generation assets which brings regulatory risks, financing risks such as the need for anticipatory investments, market risks and risks pertaining to the use of new innovative technologies.
Amendment 212 #
Proposal for a regulation
Article 4 – paragraph 3 – point f – point iii
Article 4 – paragraph 3 – point f – point iii
(iii) facilitating smart energy sector integration through the creation of reverse flows or links to other energy carriers and sectors and enabling demand response.
Amendment 214 #
Proposal for a regulation
Article 4 – paragraph 3 – point f – point iii a (new)
Article 4 – paragraph 3 – point f – point iii a (new)
(iii a) enabling transport of renewable and decarbonised gases from production units to the transmission or distribution network.
Amendment 216 #
Proposal for a regulation
Recital 47
Recital 47
(47) Grants for works related to projects of mutual interest should be available only for the parts of investments located on the territory of the Union and only in case where at least two Member States contribute financially in a significant manner to the investment costs of the project in view of its benefits.
Amendment 217 #
Proposal for a regulation
Article 4 – paragraph 3 – point f a (new)
Article 4 – paragraph 3 – point f a (new)
(f a) (f)(a) for natural gas PCIs at advanced implementation stage projects falling under the energy infrastructure category set out in point (new) of Annex II, the project by the end of 2023 is under construction or a Connecting Europe Facility grant agreement for works or studies has been concluded by this date and is to contribute significantly to at least one of the following specific criteria: (i) market integration, inter alia through lifting the isolation of at least one Member State and reducing energy infrastructure bottlenecks;interoperability and system flexibility; (ii) security of supply, inter alia through appropriate connections and diversification of supply sources supplying counterparts and routes; (iii) competition, inter alia through diversification f supply sources, supplying counterparts and routes; (iv) sustainability, inter alia through reducing emissions, supporting intermittent renewable generation and enhancing deployment of renewable or low carbon gas;
Amendment 227 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) feasibility and design studies including, as regards, climate adaptation and compliance with environmental legislation and with the principle of “do no significant harm”; to environmental objectives within the meaning of Article 17 of Regulation (EU) No 2020/852.
Amendment 229 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a sufficiently long period for approval by the national regulatory authority or by any other authority concerned;
Amendment 230 #
Proposal for a regulation
Article 5 – paragraph 4 – introductory part
Article 5 – paragraph 4 – introductory part
4. By 31 December of each28 February of second year following the year of inclusion of a project of common interest on the Union list pursuant to Article 3, project promoters shall submit an annual report, for each project falling under the categories set out in points (1) to (4) of Annex II, to the competent authority referred to in Article 8.
Amendment 234 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. By 31 JanuaryMarch, each year, the competent authorities referred to in Article 8 shall submit to the Agency and to the respective Group the report referred to in paragraph 4 of this Article supplemented with information on the progress and, where relevant, on delays in the implementation of projects of common interest located on their respective territory with regard to the permit granting processes, and on the reasons for such delays. The contribution of the competent authorities to the report shall be clearly marked as such and drafted without modifying the text introduced by the project promoters.
Amendment 241 #
Proposal for a regulation
Article 10 – paragraph 1 – point a – paragraph 3
Article 10 – paragraph 1 – point a – paragraph 3
The competent authorities shall ensure that permit granting is accelerated in line withe combined duration of the two procedures referred to in paragraph 1 does not exceed a period of three years and six months, including, where necessary, setting the this Chapter for each category of projects of common interestime limits in the relevant legislation, including the environmental impact assessments. To that end, the competent authorities shall adapt their requirements for the start of the permit granting process and for the acceptance of the submitted application file, to make them fit for projects which, that due to their nature, or smaller scale, may require less authorisations and approvals for reaching the ready-to-build phase, and, therefore, might not require the benefit of the pre- application procedure. Such smaller scale projects may include gas and electricity smart grids and electrolysers.
Amendment 242 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The time limits laid down in this Article shall be without prejudice to obligations arising from international and Union law, and without prejudice to administrative appeal procedures and judicial remedies before a court or tribunal, but exclude State liability insofar as the provisions of this Regulation conflict with Member States' existing obligations under EU law.
Amendment 243 #
Proposal for a regulation
Article 10 – paragraph 8 – point 1 (new)
Article 10 – paragraph 8 – point 1 (new)
(1) 8.a Where the national legislation provides more favorable treatment for investment processes, particularly in terms of the time limits for a given type of investment than those set out in this Article, competent authorities shall ensure that the most favorable treatment applies to the projects of common interes.
Amendment 268 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The guidelines shall include the energy efficiency first principle and ensure that the underlying ENTSO for Electricity and ENTSO for Gas scenarios are fully in line with the latest medium and long-term European Union decarbonisation targets and the latest available Commission scenarios.
Amendment 285 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. By [31 July 20223], Member States, with the support of the Commission, within their specific priority offshore grid corridors, set out in point (2) of Annex I, taking into account the specificities and development in each region, shall jointly define, without prejudice to later environmental assessments, and agree to cooperate on the amount of offshore renewable generation to be deployed within each sea basin by 2050, with intermediate steps in 2030 and 2040, in view of their national energy and climate plans, the offshore renewable potential of each sea basin, environmental protection, climate adaptation and other uses of the sea, as well as the Union’s decarbonisation targets. Thate offshore renewable potential of each sea basin shall be identified through reports, prepared by European Commission, upon consultation with Member States and other relevant stakeholders, six months before the deadline for a joint offshore grid plan for a specific corridor. That non-binding agreement shall be made in writing as regards each sea basin linked to the territory of the Union.
Amendment 287 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. The decision-making body of each Group shall adopt a regional list of proposed projects of common interest drawn up in accordance with the process set out in Section 2 of Annex III, together with the envisaged timeline, the contribution of each project to implementing the energy infrastructure priority corridors and areas and their fulfilment of the criteria set out in Article 4.
Amendment 288 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
Amendment 289 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 291 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The efficiently incurred investment costs, which excludes maintenance costs, related to a project of common interest falling under the categories set out in points (1)(a), (b), (c) and (ec) of Annex II and projects of common interest falling under the category set out in point (3) of Annex II, where they fall under the competency of national regulatory authorities, shall be borne by the relevant TSO, interested investors or the project promoters of the transmission infrastructure of the Member States which the project provides a net positive impact, and, to the extent not covered by congestion rents or other charges, be paid for by interested investors and network users through tariffs for network access in that or those Member States.
Amendment 293 #
Proposal for a regulation
Article 16 – paragraph 4 – introductory part
Article 16 – paragraph 4 – introductory part
4. Within six months of the date on which the last investment request is received by the relevant national regulatory authorities, those national regulatory authorities shall, after consulting the project promoters concerned, take joint coordinated decisions on the allocation of investment costs to be borne by each system operator or interested investor for the project, as well as their inclusion in tariffs. The national regulatory authorities shall include all the efficientlthe necessary incurred investment costs in tariffs in line with the allocation of investment costs to be borne by each system operator for the project. The national regulatory authorities shall thereafter assess, where appropriate, whether any affordability issues, that could lead to energy poverty, might arise due to the inclusion of the investment costs in tariffs.
Amendment 296 #
Proposal for a regulation
Article 16 – paragraph 10
Article 16 – paragraph 10
10. By [31 December 2022], the Commission shall adopt implementing acts containing binding guidelines to ensure uniform conditions for the implementation of this Article andfor the offshore grids for renewable energy cross-border cost sharing as referred to in Article 15(1). The guidelines shall also address the special situation of offshore grids for renewable energy projects of common interest by including principles on how their cross- border cost allocation shall be coordinated with the financing, market and political arrangements of offshore generation sites connected to them. In adopting or amending the guidelines, the Commission shall consult ACER, the ENTSO for Electricity, the ENTSO for Gas, and, where relevant, other stakeholders. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 21(2).
Amendment 307 #
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. Projects of common interest falling under the categories set out in points (1)(a), (b), (c) and (e) of Annex II and point (3) of Annex II, except for hydro-pumped electricity storage projects, are also eligible for Union financial assistance in the form of grants for works where they fulfil all of the following criteria:
Amendment 311 #
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
Not later than 31 December 2027, the Commission shall publish a report on the implementation of projects of common interest and submit it to the European Parliament and the Council. Report must take into consideration results of cost- benefit analysis drawn up pursuant to Article 11 for Union-wide ten-Year Network Development Plans and Projects of Common Interest falling under the categories set out in points (1)(a), (b), (c) and (e) and point (3) of Annex II. That report shall provide an evaluation of:
Amendment 312 #
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) the main expected benefits and the costs, resulting from cost-benefit analysis drawn up pursuant to Article 11, of the projects except for any commercially sensitive information;
Amendment 313 #
Proposal for a regulation
Annex I – Part 2 – point 6 – introductory part
Annex I – Part 2 – point 6 – introductory part
(6) South and EaWest offshore grid: integrated offshore electricity grid development and the related interconnectors in the Mediterranean Sea, Black Sea (including Cadiz Gulf) and neighbouring waters to transport electricity from renewable offshore energy sources to centres of consumption and storage and to increase cross-border electricity exchange.
Amendment 314 #
Proposal for a regulation
Annex I – Part 2 – point 6 – paragraph 1
Annex I – Part 2 – point 6 – paragraph 1
Member States concerned: Bulgaria, Cyprus, Croatia, France, Greece, Italy, Malta, Romania, Slovenia,Portugal and Spain;
Amendment 315 #
Proposal for a regulation
Annex I – Part 2 – point 7 – introductory part
Annex I – Part 2 – point 7 – introductory part
(7) South Western Europeand East offshore grid: integrated offshore electricity grid development and the related interconnectors in the North Atlantic OceanMediterranean Sea, Black Sea and neighbouring waters to transport electricity from renewable offshore energy sources to centres of consumption and storage and to increase cross-border electricity exchange.
Amendment 316 #
Proposal for a regulation
Annex I – Part 2 – point 7 – paragraph 1
Annex I – Part 2 – point 7 – paragraph 1
Member States concerned: France, Ireland, Portugal and SpainBulgaria, Cyprus, Croatia, Greece, Italy, Romania and Slovenia.
Amendment 317 #
Proposal for a regulation
Annex I – Part 2 – point 7 a (new)
Annex I – Part 2 – point 7 a (new)
(7 a) Atlantic offshore grid:integrated offshore electricity grid development and the related interconnectors in the North Atlantic Ocean waters to transport electricity from renewable offshore energy sources to centres of consumption and storage and to increase cross-border electricity exchange. Member States concerned: France, Ireland, Portugal and Spain.
Amendment 318 #
Proposal for a regulation
Annex I – Part 3 – point 8 – introductory part
Annex I – Part 3 – point 8 – introductory part
(8) Hydrogen interconnections in Western Europe (‘HI West’): hydrogen infrastructure enabling the emergence of an integrated hydrogen backboneincluding the transitional; use of blending with gas, the repurposing of gas infrastructure or any other specific solutions for disadvantaged, less connected, peripheral or isolated regions and Member States, such as island, enabling the emergence of an integrated hydrogen backbone directly or indirectly (including through third countries) connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport. Power to gas facilities including Electrolysers: supporting the deployment of power-to-gas application aiming to enable greenhouse gas reductions and contributing to secure. efficient and reliable system operation and smart energy system integration. Member States concerned: Austria, Belgium, Denmark, France, Germany, Ireland, Italy, Luxembourg, Malta, the Netherlands, Portugal, and Spain.
Amendment 320 #
Proposal for a regulation
Annex I – Part 3 – point 8 – paragraph 1
Annex I – Part 3 – point 8 – paragraph 1
Amendment 322 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the project contributes significantly to the decarbonisation objectives of the Union and those of the third country and to sustainability, including through the integration of renewable and low-carbon energy into the grid and the transmission of renewable generation to major consumption centres and storage sites, and;
Amendment 322 #
Proposal for a regulation
Annex I – Part 3 – point 9 – introductory part
Annex I – Part 3 – point 9 – introductory part
(9) Hydrogen interconnections in Central Eastern and South Eastern Europe (‘HI East’): hydrogen infrastructure enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transportincluding the transitional; use of blending with gas, the repurposing of gas infrastructure or any other specific solutions for disadvantaged, less connected, peripheral or isolated regions and Member States, such as island, enabling the emergence of an integrated hydrogen backbone directly or indirectly (including through third countries) connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport. Power to gas facilities including Electrolysers: supporting the deployment of power-to-gas application aiming to enable greenhouse gas reductions and contributing to secure. efficient and reliable system operation and smart energy system integration. Member States concerned: Austria, Bulgaria, Croatia, Cyprus, Czech Republic, Germany, Greece, Hungary, Italy, Poland, Romania, Slovakia, Slovenia.
Amendment 324 #
Proposal for a regulation
Annex I – Part 3 – point 9 – paragraph 1
Annex I – Part 3 – point 9 – paragraph 1
Amendment 337 #
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point e
Annex II – paragraph 1 – point 1 – point e
(e) any equipment or installation falling under category referred to in point (a) having dual functionality: interconnection andallowing for transmission of offshore renewable electricity from the offshore generation sites to twoone or more countries, as well as any offshore adjacent equipment or installation essential to operate safely, securely and efficiently, including protection, monitoring and control systems, and necessary substations if they also ensure technology interoperability inter alia interface compatibility between different technologies, (‘offshore grids for renewable energy’).
Amendment 343 #
Proposal for a regulation
Annex II – paragraph 1 – point 2 – point a
Annex II – paragraph 1 – point 2 – point a
(a) any of the following equipment or installation aiming at enabling and facilitating the integration of renewable and low-carbon gases (including biomethane, synthetic gas or hydrogen) into the network: digital systems and components integrating ICT, control systems and sensor technologies to enable the interactive and intelligent monitoring, metering, quality control and management of gas production, transmission, distribution, storage and consumption within a gas network. Furthermore, such projects may also include, valves, regulators, and other elements, including inner coating of existing pipelines as well as upgrades to existing networks to enabling and facilitating the integration of renewable and low carbon gases. Furthermore, such projects may also include connections from renewable and low-carbon gases production units into the transmission and distribution grid, equipment to enable reverse flows from the distribution to the transmission level as well as from pipelines of different capacities and related necessary upgrades to the existing network, including capacity expansion and retrofitting.
Amendment 347 #
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point a
Annex II – paragraph 1 – point 3 – point a
(a) transmission pipelines for the transport of hydrogen and transitional blending with natural gas, giving access to multiple network users on a transparent and non-discriminatory basis, which mainly contains high-pressure hydrogen pipelines, excluding pipelines for the local distribution of hydrogen;
Amendment 348 #
Proposal for a regulation
Article 4 – paragraph 3 – point a – introductory part
Article 4 – paragraph 3 – point a – introductory part
(a) for electricity transmission and storage projects falling under the energy infrastructure categories set out in points (1)(a), (b), (c) and (e) of Annex II, the project is to contribute significantly to sustainability through the integration of renewable and low-carbon energy into the grid and the transmission of renewable and low-carbon generation to major consumption centres and storage sites, and at least one of the following specific criteria:
Amendment 348 #
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point b
Annex II – paragraph 1 – point 3 – point b
(b) underground storage facilities connected to the high-pressure hydrogen pipelines and pipelines that transfer for a transitional period blending of hydrogen and natural gas referred to in point (a);
Amendment 351 #
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point c
Annex II – paragraph 1 – point 3 – point c
(c) reception, storage and regasification or decompression facilities for liquefied hydrogen or hydrogenfor a transitional period liquefied hydrogen blended with liquefied natural gas and embedded in other chemical substances with the objective of injecting the hydrogen or its blending with natural gas into the grid;
Amendment 354 #
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d – paragraph 1
Annex II – paragraph 1 – point 3 – point d – paragraph 1
Any of the assets listed in points (a), (b), (c), and (d) may be newly constructed assets or assets converted from natural gas dedicated to hydrogen, or a combination of the two. Hydrogen infrastructure as listed in points (a), (b), (c), and (d) may be used in the transitional period for the purpose of blending of hydrogen with methane until the emergence of sufficient market demand which will make pure hydrogen economically feasible.
Amendment 359 #
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d a (new)
Annex II – paragraph 1 – point 3 – point d a (new)
Amendment 360 #
Proposal for a regulation
Annex II – paragraph 1 – point 4 – point a
Annex II – paragraph 1 – point 4 – point a
(a) electrolysers that: (i) have at least 100 MW capacity, (ii) the production complies with the life cycle greenhouse gas emissions savings requirement of 70 % relative to a fossil fuel comparator of 94g CO2e/MJ as set out in Article 25(2) and Annex V of Directive (EU) 2018/2001 of the European Parliament and of the Council.60 Life cycle greenhouse gas emissions savings are calculated using the methodology referred to in Article 28(5) of Directive (EU) 2018/2001 or, alternatively, using ISO 14067 or ISO 14064-1. Quantified life-cycle GHG emission savings are verified in line with Article 30 of Directive (EU) 2018/2001 where applicable, or by an independent third party, and (iii) have also a network-related function; _________________ 60 OJ L 328, 21.12.2018, p. 82.
Amendment 379 #
Proposal for a regulation
Annex IV – point 1 – introductory part
Annex IV – point 1 – introductory part
(1) a project with significant cross- border impact or potential to create such is a project on the territory of a Member State, which fulfils the following conditions:
Amendment 380 #
Proposal for a regulation
Article 4 – paragraph 3 – point d – introductory part
Article 4 – paragraph 3 – point d – introductory part
(d) for hydrogen projects falling under the energy infrastructure categories set out in point (3) of Annex II the project is to contribute significantly to sustainability, including by reducing greenhouse gas emissions, by enhancing the deployment of renewable and low-carbon hydrogen and supporting variable renewable and low- carbon power generation by offering flexibility and/or storage solutions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria:
Amendment 382 #
Proposal for a regulation
Annex IV – point 1 – point a
Annex IV – point 1 – point a
(a) for electricity transmission, the project increases the grid transfer capacity, or the capacity available for commercial flows, at the border of that Member State with one or several other Member States, having the effect of increasing the cross- border grid transfer capacity at the border of that Member State with one or several other Member States, by at least 500 Megawatt compared to the situation without commissioning of the project;, or the project decreases energy isolation of non-interconnected system in one or more Member States, or project improves energy security of a region.
Amendment 384 #
Proposal for a regulation
Annex IV – point 1 – point c
Annex IV – point 1 – point c
(c) for smart electricity grids, the project is designed for equipment and installations at high-voltage and medium- voltage level. It involves transmission system operators, transmission and distribution system operators or distribution system operators from at least two Member States. Distribution system operators can be involved only with the support of the transmission system operators, of at least two Member States, that areprovided they ensure interoperability and their investments have a significant clrosely associated to the project and ensure interoperabilitys/border impact or potential to create such. A project covers at least 530000 users, generators, consumers or prosumers of electricity, in a consumption area of at least 30120 Gigawatthours/year, of which at least 210 % originate from variable renewable resources;
Amendment 386 #
Proposal for a regulation
Article 4 – paragraph 3 – point d – point i
Article 4 – paragraph 3 – point d – point i
(i) market integration of existing or emerging markets, including by connecting existing or emerging hydrogen networks of Member States, or otherwise contributing to the emergence of an Union- wide network for the transport and storage of hydrogen, and ensuring interoperability of connected systems;
Amendment 388 #
Proposal for a regulation
Annex IV – point 1 – point f
Annex IV – point 1 – point f
(f) for electrolysers, the project provides at least 100 MW installed capacity and the brings benefits directly or indirectly to at least twoone Member States;
Amendment 391 #
Proposal for a regulation
Annex IV – point 1 – point g
Annex IV – point 1 – point g
(g) for smart gas grids, a project involves transmission system operators, transmission and distribution system operators or distribution system operators from at least two Member States. Distribution system operators can be involved only with the support of the transmission system operators, of at least two Member States, that are closely associated to the project and ensure interoperability.
Amendment 394 #
Proposal for a regulation
Annex IV – point 2 – point b
Annex IV – point 2 – point b
(b) for projects of mutual interest in the category set out in point (3) of Annex II, the hydrogen project enables the transmission of hydrogen across at the border of a Member State with one or more third countries and proves bringing significant benefits, under the specific criteria listed in in Article 4(3), to at least twoone Member States. The calculation of the benefits for the Member States shall be performed and published by the ENTSO for Gas in the frame of Union-wide ten- year network development plan;
Amendment 396 #
Proposal for a regulation
Annex IV – point 5 – point a
Annex IV – point 5 – point a
(a) Sustainability measured as the contribution of a project to: greenhouse gas emission reductions in different end-use applications, such as industry or transport; flexibility and seasonal storage options for renewable electricity generation; or the integration of renewable hydrogenhydrogen meeting the criteria defined in point (4)(a)(ii) of Annex II.
Amendment 402 #
Proposal for a regulation
Annex IV – point 6 – point a
Annex IV – point 6 – point a
(a) level of sustainability measured by assessing the share of renewable andor low- carbon gases integrated into the gas network, the related greenhouse gas emission savings towards total system decarbonisation, air pollution mitigation and the adequate detection of leakage.
Amendment 404 #
Proposal for a regulation
Annex IV – point 6 – point b
Annex IV – point 6 – point b
(b) quality and security of supply measured by assessing the ratio of reliably available gas supply and peak demand, the share of imports replaced by localdomestic renewable andor low-carbon gases, the stability of system operation, the duration and frequency of interruptions per customer, avoided curtailment of renewable electricity generation.
Amendment 407 #
Proposal for a regulation
Article 4 – paragraph 3 – point f – introductory part
Article 4 – paragraph 3 – point f – introductory part
(f) for smart gas grid projects falling under the energy infrastructure category set out in point (2) of Annex II, the project is to contribute significantly to sustainability by enabling and facilitating the integration of renewable and low-carbon gases, such as biomethane, or renewable hydrogen, into the gas distribution and transmission networks in order to reduce greenhouse gas emissions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria:
Amendment 408 #
Proposal for a regulation
Annex IV – point 7 – point a
Annex IV – point 7 – point a
(a) sustainability measured by assessing the share of renewable hydrogen or hydrogen meeting the criteria defined in point (4) (a) (ii) of Annex II integrated into the network, and the related greenhouse gas emission savings;
Amendment 437 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a sufficient period for approval by the national regulatory authority or by any other authority concerned;
Amendment 478 #
Proposal for a regulation
Article 10 – paragraph 1 – point a – paragraph 3
Article 10 – paragraph 1 – point a – paragraph 3
The competent authorities shall ensure that permit granting is accelerated in line with this Chapter for each category of projects of common interest, with the total duration of the two procedures referred to in paragraph 1 not exceeding a period of three years and six months, including the preparation of an environmental impact assessment. To that end, the competent authorities shall adapt their requirements for the start of the permit granting process and for the acceptance of the submitted application file, to make them fit for projects which, that due to their nature, or smaller scale, may require less authorisations and approvals for reaching the ready-to-build phase, and, therefore, might not require the benefit of the pre- application procedure. Such smaller scale projects may include gas and electricity smart grids and electrolysers.
Amendment 486 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The time limits laid down in this Article shall be without prejudice to obligations arising from international and Union law, and without prejudice to administrative appeal procedures and judicial remedies before a court or tribunal, but shall exclude State liability in so far as the provisions laid down in this Regulation conflict with Member States' existing obligations.
Amendment 619 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. By [31 July 20223], Member States, with the support of the Commission, within their specific priority offshore grid corridors, set out in point (2) of Annex I, taking into account the specificities and development in each region, shall jointly define and agree to cooperate on, without prejudice to the subsequent environmental impact assessment, the amount of offshore renewable generation to be deployed within each sea basin by 2050, with intermediate steps in 2030 and 2040, in view of their national energy and climate plans, the offshore renewable potential of each sea basin, environmental protection, climate adaptation and other uses of the sea, as well as the Union’s decarbonisation targets. Thate renewable potential of each offshore sea basin shall be defined in reports drawn up by the Commission after consulting the Member States and other stakeholders six months prior to the deadline for the joint offshore network plan for a given corridor. That binding agreement shall be made in writing as regards each sea basin linked to the territory of the Union.
Amendment 653 #
Amendment 664 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 675 #
1. The efficiently incurred investment costs, which excludes maintenance costs, related to a project of common interest falling under the categories set out in points (1)(a), (b), (c) and (ec) of Annex II and projects of common interest falling under the category set out in point (3) of Annex II, where they fall under the competency of national regulatory authorities, shall be borne by the relevant TSO, interested investors or the project promoters of the transmission infrastructure of the Member States which the project provides a net positive impact, and, to the extent not covered by congestion rents or other charges, be paid for by interested investors and network users through tariffs for network access in that or those Member States.
Amendment 687 #
Proposal for a regulation
Article 16 – paragraph 4 – introductory part
Article 16 – paragraph 4 – introductory part
4. Within six months of the date on which the last investment request is received by the relevant national regulatory authorities, those national regulatory authorities shall, after consulting the project promoters concerned, take joint coordinated decisions on the allocation of investment costs to be borne by each system operator or interested investor for the project, as well as their inclusion in tariffs. The national regulatory authorities shall include all thethereafter include the essential efficiently incurred investment costs in tariffs in line with the allocation of investment costs to be borne by each system operator for the project. The national regulatory authorities shall thereafter assess, where appropriate, whether any affordability issues which could lead to energy poverty might arise due to the inclusion of the investment costs in tariffs.
Amendment 705 #
Proposal for a regulation
Article 16 – paragraph 10
Article 16 – paragraph 10
10. By [31 December 2022], the Commission shall adopt implementing acts containing binding guidelines to ensure uniform conditions for the implementation of this Article andfor the offshore grids for renewable energy cross-border cost sharing as referred to in Article 15(1). The guidelines shall also address the special situation of offshore grids for renewable energy projects of common interest by including principles on how their cross- border cost allocation shall be coordinated with the financing, market and political arrangements of offshore generation sites connected to them. In adopting or amending the guidelines, the Commission shall consult ACER, the ENTSO for Electricity, the ENTSO for Gas, and, where relevant, other stakeholders. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 21(2).
Amendment 725 #
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. Projects of common interest falling under the categories set out in points (1)(a), (b), (c) and (e) of Annex II and point (3) of Annex II, except for hydro-pumped electricity storage projects, are also eligible for Union financial assistance in the form of grants for works where they fulfil all of the following criteria:
Amendment 782 #
Proposal for a regulation
Annex I – Part 2 – point 6 – introductory part
Annex I – Part 2 – point 6 – introductory part
(6) South and EaWest offshore grid: integrated offshore electricity grid development and the related interconnectors in the Mediterranean Sea, Black Sea and neighbouring waters to transport electricity from renewable offshore energy sources to centres of consumption and storage and to increase cross-border electricity exchange.
Amendment 783 #
Proposal for a regulation
Annex I – Part 2 – point 6 – paragraph 1
Annex I – Part 2 – point 6 – paragraph 1
Member States concerned: Bulgaria, Cyprus, Croatia, France, Greece, Italy, Malta, Romania, Slovenia,Portugal and Spain;
Amendment 784 #
Proposal for a regulation
Annex I – Part 2 – point 7 – introductory part
Annex I – Part 2 – point 7 – introductory part
(7) South Western Europeand East offshore grid in South Western Europe: integrated offshore electricity grid development and the related interconnectors in the North Atlantic OceanMediterranean Sea, Black Sea and neighbouring waters to transport electricity from renewable offshore energy sources to centres of consumption and storage and to increase cross-border electricity exchange.
Amendment 786 #
Proposal for a regulation
Annex I – Part 2 – point 7 – paragraph 1
Annex I – Part 2 – point 7 – paragraph 1
Member States concerned: France, Ireland, Portugal and SpainBulgaria, Cyprus, Croatia, Greece, Italy, Romania and Slovenia.
Amendment 787 #
Proposal for a regulation
Annex I – Part 2 – point 7 – paragraph 1 a (new)
Annex I – Part 2 – point 7 – paragraph 1 a (new)
(8) Atlantic offshore grid:integrated offshore electricity grid development and the related interconnectors in the North Atlantic Ocean waters to transport electricity from renewable energy sources to centres of consumption and storage and to increase cross-border electricity exchange. Member States concerned: France, Ireland, Portugal and Spain.
Amendment 845 #
Proposal for a regulation
Annex II – paragraph 1 – point 2 – point a
Annex II – paragraph 1 – point 2 – point a
(a) any of the following equipment or installll necessary network modifications, including internal coating of existing pipes, with the exception of the construction of new gas pipes and any modifications aiming at enabling and facilitating the integration of renewable and low-carbon gases (including biomethane or hydrogen) into the network: digital systems and components integrating ICT, control systems and sensor technologies to enable the interactive and intelligent monitoring, metering, quality control and management of gas production, transmission, distribution and consumption within a gas network. Furthermore, such projects may also include equipment to enable reverse flows from the distribution to the transmission level and related necessary upgrades to the existing network.;
Amendment 896 #
Proposal for a regulation
Annex II – paragraph 1 – point 4 – point a
Annex II – paragraph 1 – point 4 – point a
(a) electrolysers that: (i) have at least 100 MW capacity, (ii) the production complies with the life cycle greenhouse gas emissions savings requirement of 70 % relative to a fossil fuel comparator of 94g CO<sub>2</sub>2e/MJ as set out in Article 25(2) and Annex V of Directive (EU) 2018/2001 of the European Parliament and of the Council.60. Life cycle greenhouse gas emissions savings are calculated using the methodology referred to in Article 28(5) of Directive (EU) 2018/2001 or, alternatively, using ISO 14067 or ISO 14064-1. Quantified life-cycle GHG emission savings are verified in line with Article 30 of Directive (EU) 2018/2001 where applicable, or by an independent third party, and (iii) have also a network-related function; _________________ 60 OJ L 328, 21.12.2018, p. 82.