38 Amendments of Hildegard BENTELE related to 2021/0425(COD)
Amendment 121 #
Proposal for a directive
Recital 8
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 137 #
Proposal for a directive
Recital 9 a (new)
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 258 #
Proposal for a directive
Recital 110
Recital 110
(110) When developing the network development plan, it is important that infrastructuresystem 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 261 #
Proposal for a directive
Recital 111
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 network development plan the basedis onf a joint scenario developed on a cross-sectoral basin efficient of an efficient and coordinated approach between sectors. 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.
Amendment 358 #
Proposal for a directive
Article 2 – paragraph 1 – point 20
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 393 #
Proposal for a directive
Article 2 – paragraph 1 – point 71
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 420 #
Proposal for a directive
Article 3 a (new)
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 490 #
Proposal for a directive
Article 8 – paragraph 1
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 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
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 529 #
Proposal for a directive
Article 8 – paragraph 10
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 536 #
Proposal for a directive
Article 10 – paragraph 10
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 544 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
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
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
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 549 #
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 and renewable hydrogen using the hydrogen system,
Amendment 555 #
Proposal for a directive
Article 13 – paragraph 2 – point f
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 576 #
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 gases within citizen energy communities;
Amendment 578 #
Proposal for a directive
Article 14 – paragraph 1 – point e
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 or the hydrogen system.
Amendment 594 #
Proposal for a directive
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) are able to access all natural gas and hydrogen markets in a non- discriminatory manner;
Amendment 606 #
Proposal for a directive
Article 14 – paragraph 4 – subparagraph 1 – point a
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 #
Proposal for a directive
Article 14 – paragraph 4 – subparagraph 1 – point b
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 659 #
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 based on published tariffs and maintain quality standards for hydrogen. Access shall be applied objectively and without discrimination between any hydrogen network users.
Amendment 681 #
Proposal for a directive
Article 35 – paragraph 4
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 721 #
Proposal for a directive
Article 42 – paragraph 1
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 728 #
Proposal for a directive
Article 46 – paragraph 1 – point d
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 738 #
Proposal for a directive
Article 46 – paragraph 3
Article 46 – paragraph 3
3. Hydrogen network operators mayshall be responsible for ensuring efficient hydrogen quality management in their networks in line with applicable hydrogen quality standards, where necessary for system managemto meet the quality requirements of different aend subject to the approval of the regulatory authority-use applications.
Amendment 770 #
Proposal for a directive
Article 51 – paragraph 1
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 804 #
Proposal for a directive
Article 51 – paragraph 2 – point e
Article 51 – paragraph 2 – point e
(e) be based on a joint scenario frameworks 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 819 #
Proposal for a directive
Article 51 – paragraph 3
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 instancein particular, repurposing of infrastructure as well as the use of demand response, as well asnd 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 shalland 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 optimalsuitable 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 880 #
Proposal for a directive
Article 52 – paragraph 3
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 frameworks developed under Article 51 (2), point e).
Amendment 889 #
Proposal for a directive
Article 53 – paragraph 1
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 requesn assessment for cross-border cost allocation, and submit it jointly to the concerned regulatory authorities for a joint approval.
Amendment 890 #
Proposal for a directive
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The project plan and requesassessment 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 892 #
Proposal for a directive
Article 53 – paragraph 5
Article 53 – paragraph 5
Amendment 894 #
Proposal for a directive
Article 53 – paragraph 6
Article 53 – paragraph 6
Amendment 897 #
Proposal for a directive
Article 53 – paragraph 7
Article 53 – paragraph 7
Amendment 900 #
Proposal for a directive
Article 53 – paragraph 8
Article 53 – paragraph 8
Amendment 931 #
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.
Amendment 980 #
Proposal for a directive
Article 72 – paragraph 1 – point h
Article 72 – paragraph 1 – point h
(h) examining and providing an assessment of the overview submitted by hydrogen network operators on the development of hydrogen transport infrastructure in accordance with Article 52, taking the overall energy-economic necessity of the hydrogen network into account in this examination as well as the joint scenario frameworks under the Article 51 (2), point (e) on network development planning;