Activities of Ciarán CUFFE 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 (49)
Amendment 61 #
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. Energy infrastructures remain in place for decades, it is therefore essential that they are future-proof and do not result in stranded assets. 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 sources and the decarbonisation of the gas sector. The TEN-E policy canshould ensure that the Union energy infrastructure development supports the required energy transition to climate neutrality including through climate proofing and prioritising of projects that are in line with the energy efficiency first principle.
Amendment 68 #
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 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 73 #
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 additional renewable 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 79 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 84 #
Proposal for a regulation
Recital 16
Recital 16
(16) Regulation (EU) No 347/2013 requires a candidate project of common interest to prove a significant contribution to at least one criterion from a set of criteria in the process for the elaboration of the Union list, which may, but does not need to, include sustainability. That requirement, in line with the specific needs of the internal energy market at the time, enabled development of projects of common interest which addressed only security of supply risks even if they did not demonstrate benefits in terms of sustainability. However, given the evolution of the Union infrastructure needs and the decarbonisation goals, the Conclusions of the 2020 July European Council, according to which “Union expenditure should be consistent with Paris Agreement objectives and the "do no harm" principle of the European Green Deal, sustainability in terms of the integration of renewable energy sources into the grid or the reduction of greenhouse gas emissions, as relevant, should be assessed in order to ensure that TEN-E policy is coherent with energy and climate policy objectives of the Union. The sustainability of CO2 transport networks is addressed by their purpose to transport carbon dioxide.
Amendment 93 #
Proposal for a regulation
Recital 20
Recital 20
(20) The Union-wide ten-year network development plan process as basis for the identification of projects of common interest in the categories of electricity and gas has proven to be effective. However, while the European Network of Transmission System Operators for Electricity and for Gas (ENTSOs) and transmission system operators have an important role to play in the process, more transparency and scrutiny is required, in particular as regards defining the scenarios for the future, identifying long-term infrastructure gaps and bottlenecks and assessing individual projects, to enhance trust in the process. Therefore, due to the need for independent validation and expertise, the Agency for the Cooperation of Energy Regulators (‘the Agency’) and the Commission should have an increased role in the process, including in the process for drawing up the Union-wide ten-year network development plan pursuant to Regulation (EU) 2019/943 of the European Parliament and of the Council31 and Regulation (EC) No 715/2009 of the European Parliament and of the Council32 . _________________ 31Regulation (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). 32Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ L 211, 14.8.2009, p. 36).
Amendment 94 #
Proposal for a regulation
Recital 23
Recital 23
(23) Following close consultations with all Member States and stakeholders, the Commission has identified 13 strategic trans-European energy infrastructure priorities, the implementation of which is essential for the achievement of the Union’s 2030 and 2050 energy and climate policy targets. Those priorities cover different geographic regions or thematic areas in the field of electricity transmission and storage, offshore grids for renewable energy, hydrogen transmission and storage, electrolysers, smart gas grids, smart electricity grids, and carbon dioxide transportelectricity grids.
Amendment 97 #
Proposal for a regulation
Recital 25
Recital 25
(25) Regional groups should be established for the purpose of proposing and reviewing projects of common interest, leading to the establishment of regional lists of projects of common interest for each energy infrastructure category. In order to ensure broad consensus, those regional groups should ensure close cooperation between Member States, national regulatory authorities, project promoters and relevant stakeholders, and each regional group should therefore set up a committee to monitor the work conducted by the regional group. This committee should be involved at all stages of implementation of this regulation. In the context of that cooperation, national regulatory authorities should, where necessary, advise the regional groups, inter alia on the feasibility of the regulatory aspects of proposed projects and on the feasibility of the proposed timetable for regulatory approval. The regional groups should strive for utmost transparency and accountability.
Amendment 98 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) In order to increase efficiency and pan-European integration the cooperation between the regional groups should be strengthened and further encouraged. The Commission plays an important role to facilitate this cooperation also in view of addressing possible impacts of projects on other regional groups.
Amendment 100 #
Proposal for a regulation
Recital 26
Recital 26
(26) AFor each energy infrastructure category, a new Union list of project of common interest (‘Union list’) should be established every two years. Projects of common interest that are completed or that no longer fulfil the relevant criteria and requirements as set out in this Regulation should not appear on the next Union list. For that reason, existing projects of common interest that are to be included in the next Union list should be subject to the same selection process for the establishment of regional lists and for the establishment of the Union list applied to proposed projects. However the resulting administrative burden should be reduced as much as possible, for example by using to the extent possible information submitted previously, and by taking account of the annual reports of the project promoters. To that end, existing projects of common interest that have made significant progress should benefit from a streamlined inclusion process in the Union-wide ten-year network development plan.
Amendment 109 #
Proposal for a regulation
Recital 46
Recital 46
(46) Projects of common interest should be eligible to receive Union financial assistance for studies and, under certain conditions, for works pursuant to Regulation (EU)… [on a Connecting Europe Facility as proposed by COM(2018)438] in the form of grants or in the form of innovative financial instruments to ensure that tailor-made support can be provided to those projects of common interest which are not viable under the existing regulatory framework and market conditions. It is important to avoid any distortion of competition, in particular between projects contributing to the achievement of the same Union priority corridor. Such financial assistance should ensure the necessary synergies with the Structural Funds, in order to finance smart energy distribution networks and with the Union renewable energy financing mechanism pursuant to Commission Implementing Regulation (EU) 2020/129441 . A three-step logic should apply to investments in projects of common interest. First, the market should have the priority to invest. Second, if investments are not made by the market, regulatory solutions should be explored, if necessary the relevant regulatory framework should be adjusted, and the correct application of the relevant regulatory framework should be ensured. Third, where the first two steps are not sufficient to deliver the necessary investments in projects of common interest, it should be possible to grant Union financial assistance where the project of common interest fulfils the applicable eligibility criteria. Union financial assistance should be made available to stakeholders for their empowerment in the form of grants for capacity building, skilling and training. Projects of common interest may also be eligible under the InvestEU programme, which is complementary to grant financing. _________________ 41Commission Implementing Regulation (EU) 2020/1294 of 15 September 2020 on the Union renewable energy financing mechanism (OJ L 303, 17.9.2020, p. 1).
Amendment 111 #
Proposal for a regulation
Recital 50 – indent 2
Recital 50 – indent 2
— to amend annexes to this Regulation so as to adopt and review for each energy infrastructure category the Union list of projects of common interest, while respecting the right of the Member States and third countries to approve projects of common interest or projects of mutual interest related to their territory.
Amendment 112 #
Proposal for a regulation
Recital 50 – point 1
Recital 50 – point 1
Taking into account the need to ensure the achievement of the objectives of this Regulation, in view of the number of project on Union lists so far, the total number of projects of common interest should remain manageable, and therefore should not significantly exceed 220. The Commission, when preparing and drawing up delegated acts, should ensure the simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. Where they consider this necessary, the European Parliament and the Council may each send experts to meetings of the Commission expert groups dealing with the preparation of delegated acts to which Member States' experts are invited. The discussions in the regional groups are instrumental for the Commission to adopt the delegated acts establishing the lists of projects of common interest. Therefore, it is appropriate, to the extent possible and compatible with the framework of this Regulation, that the European Parliament and Council are informed about and may send experts to the meetings of regional groups in line with the 2016 Interinstitutional Agreement on Better Law Making44 . _________________ 44OJ L 123, 12.5.2016, p. 1–14. Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making.
Amendment 116 #
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) addresses the identification of projects of common interest necessary to implement priority corridors and areas falling under the energy infrastructure categories in electricity, smart gas grids, hydrogen, electrolysers, and carbon dioxide set out in Annex II (‘energy infrastructure categories’);
Amendment 127 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Amendment 139 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘'climate adaptationproofing’ is a process that ensures that the resilienco prevent infrastructure from being vulnerable to the potential adverse impacts of climate change of energy infrastructure is ensured through a climate vulnerability and risk assessment, including through relevant adaptation measureslong-term climate impacts whilst ensuring that the ‘energy efficiency first’ principle is respected and that the level of greenhouse gas emissions arising from the project is consistent with the climate neutrality objective in 2050.
Amendment 140 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16 a) ‘energy efficiency first’ means taking utmost account in energy planning, and in policy and investment decisions, of alternative cost-efficient energy efficiency measures to make energy demand and energy supply more efficient, in particular by means of cost- effective end-use energy savings, demand response initiatives and more efficient conversion, transmission and distribution of energy, whilst still achieving the objectives of those decisions.
Amendment 147 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. Each Group shall set up a committee to monitor the work conducted by the Group (‘energy infrastructure committee’) within three months of the date of establishing the Group.The energy infrastructure committee shall be involved in the preparation, implementation, monitoring and evaluation of the projects. The energy infrastructure committee shall be consulted before decisions are taken by the decision-making body of the Group as referred to in paragraph 1.
Amendment 148 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Each Group shall adopt its own rules of procedure, having regard to the provisions set out in Annex III, which shall also include rules regarding the prevention of any conflict of interest and the application of the principle of transparency.
Amendment 149 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. Groups shall cooperate with each other, where appropriate, and the Commission shall ensure and facilitate cooperation in particular when projects have an impact on other Groups.
Amendment 150 #
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, after prior consultation of the energy infrastructure committee, shall adopt for each energy infrastructure category as set out in Annex II a regional list of proposed projects of common interest drawn up in accordance with the process set out in Section 2 of Annex III, 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 152 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point b a (new)
Article 3 – paragraph 3 – subparagraph 1 – point b a (new)
(b a) it shall make public its methodology, including the criteria and weighting used to rank projects for its draft and final regional lists which clearly demonstrate coherence with the energy efficiency first principle.
Amendment 154 #
Proposal for a regulation
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 of this Regulation amending annexes to this Regulation in order to establish for each energy infrastructure category as set out in Annex II the Union list of projects of common interest (‘Union list’), subject to the second paragraph of Article 172 of the Treaty on the Functioning of the European Union.
Amendment 156 #
Proposal for a regulation
Article 3 – paragraph 5 – point b
Article 3 – paragraph 5 – point b
(b) ensure cross-regional coordination and consistency, taking into account the opinion of the Agency for the Cooperation of Energy Regulator (‘the Agency’) as referred to in point (12) of Section 2 of Annex III;
Amendment 157 #
Proposal for a regulation
Article 3 – paragraph 5 – point d a (new)
Article 3 – paragraph 5 – point d a (new)
(d a) ensure that the projects have been ranked in accordance with the energy efficiency first principle.
Amendment 188 #
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
Amendment 201 #
Proposal for a regulation
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
Amendment 221 #
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1 – point a
Article 4 – paragraph 5 – subparagraph 1 – point a
(a) the urgency of each proposed project in order to meet the Union energy policy targets of decarbonisation, market integration, competition, sustainability and security of supply, and the principle of energy efficiency first;
Amendment 223 #
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 2
Article 4 – paragraph 5 – subparagraph 2
As regards smart electricity grids and smart gas grids projects falling under the energy infrastructure category set out in points (1)(d) and point (2) of Annex II, ranking shall be carried out for those projects that affect the same two Member States, and due consideration shall also be given to the number of users affected by the project, the annual energy consumption and the share of generation from non- dispatchable resources in the area covered by those users.
Amendment 228 #
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 adaptationproofing and compliance with environmental legislation and with the principle of energy efficiency first and of “do no significant harm”;
Amendment 233 #
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1 – point a
Article 5 – paragraph 4 – subparagraph 1 – point a
(a) the progress achieved in the development, construction and commissioning of the project, in particular with regard to permit granting and consultation procedures as well as compliance with environmental legislation, with the principle that the project “does not do significant harm” to the environment, and climate adaptation measures taken as identified in the climate proofing process;
Amendment 240 #
Proposal for a regulation
Article 10 – paragraph 1 – point a – paragraph 1
Article 10 – paragraph 1 – point a – paragraph 1
The pre-application procedure shall include the preparation of any environmental reports by the project promoters, as necessary, including the climate adaptationproofing documentation.
Amendment 248 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Prior to submitting their respective methodologies, the ENTSO for Electricity and the ENTSO for Gas shall conduct an extensive consultation process involving the energy infrastructure committees of the Groups and at least the organisations representing all relevant stakeholders, including the entity of distribution system operators in the Union (‘EU DSO entity’), all relevant hydrogen stakeholders and, where it is deemed appropriate the national regulatory authorities and other national authorities.
Amendment 271 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The ENTSO for Electricity and ENTSO for Gas shall invite the energy infrastructure committees of the Groups and the organisations representing all relevant stakeholders, including the Union DSO entity and all relevant hydrogen stakeholders, to participate in the scenarios development process.
Amendment 280 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
Prior to submitting their respective reports, the ENTSO for Electricity and the ENTSO for Gas shall conduct an extensive consultation process involving the energy infrastructure committees of the Groups and all relevant stakeholders, including the Union DSO entity, all relevant hydrogen stakeholders and all the Member States representatives part of the priority corridors defined in Annex I.
Amendment 308 #
Proposal for a regulation
Article 18 – paragraph 5 a (new)
Article 18 – paragraph 5 a (new)
5 a. Support for empowerment of stakeholders in view of fulfilling their role in the energy infrastructure committee as referred to in paragraph 1a of Article 3 shall be eligible for Union financial assistance in the form of grants for capacity building, skilling and training.
Amendment 327 #
Proposal for a regulation
Annex I – Part 4 – point 12
Annex I – Part 4 – point 12
Amendment 329 #
Proposal for a regulation
Annex I – Part 4 – point 13
Annex I – Part 4 – point 13
Amendment 339 #
Proposal for a regulation
Annex II – paragraph 1 – point 2
Annex II – paragraph 1 – point 2
Amendment 362 #
Proposal for a regulation
Annex II – paragraph 1 – point 5
Annex II – paragraph 1 – point 5
Amendment 367 #
(1) with regard to energy infrastructure falling under the competency of national regulatory authorities, each Group shall be composed of representatives of the Member States, including from regional and local level, national regulatory authorities, TSOs, as well as the Commission, the Agency and the ENTSO for Electricity or the ENTSO for Gas, as relevant.
Amendment 368 #
Proposal for a regulation
Annex III – Part 1 – point 1 – paragraph 1
Annex III – Part 1 – point 1 – paragraph 1
For the other energy infrastructure categories, each Group shall be composed of the representatives of the Member States, including from regional and local level, project promoters concerned by each of the relevant priorities designated in Annex I and the Commission.
Amendment 370 #
Proposal for a regulation
Annex III – Part 1 – point 2
Annex III – Part 1 – point 2
(2) depending on the number of candidate projects for the Union list, regional infrastructure gaps and market developments, the Groups and the decision-making bodies of the Groups may split, merge or meet in different configurations, as necessary, to discuss matters common to all Groups or pertaining solely to particular regions. Such matters may include issues relevant to cross-regional coordination and consistency or the number of proposed projects included on the draft regional lists at risk of becoming unmanageable.
Amendment 371 #
Proposal for a regulation
Annex III – Part 1 – point 5
Annex III – Part 1 – point 5
(5) each Group shall invite, as appropriate, the organisations representing relevant stakeholders — and, where deemed appropriate, directly the stakeholders— including producers, distribution system operators, suppliers, consumers and organisations for environmental protection. The Group may organise hearings or consultations, where relevant for the accomplishments of its tasks. set up a committee for monitoring of the work conducted by the Group (‘energy infrastructure committee’). The energy infrastructure committee shall be invited to meetings of the Group regularly and at least once per year. Meeting documents shall be made available to the energy infrastructure committee at least 10 working days prior to the meeting. Members of the energy infrastructure committee may take the floor during the meeting. The energy infrastructure committee shall be composed of the organisations representing relevant stakeholders — and, where deemed appropriate, directly the stakeholders— including producers, distribution system operators, suppliers, consumers and organisations for environmental protection, civil society organisations and of relevant researchers and independent scientists. The energy infrastructure committee shall seek for covering different territorial levels including European, national, cross- border, regional or local. The energy infrastructure committee shall be independent from the Group, and it shall have an observatory role.Conflict of interest shall be excluded. The Group may organise hearings and shall consult the energy infrastructure committee for the accomplishments of its tasks including for establishing regional lists for each energy infrastructure category. The Group shall provide financial and administrative support to the energy infrastructure committee in order to facilitate the committee’s work.
Amendment 375 #
Proposal for a regulation
Annex III – Part 2 – point 6
Annex III – Part 2 – point 6
Amendment 378 #
Proposal for a regulation
Annex III – Part 2 – point 11
Annex III – Part 2 – point 11
(11) the Group shall meet to examine and rank the proposed projects based on a transparent assessment of the projects, using the criteria set out in Article 4 and taking into account the assessment of the regulators, the input from the energy infrastructure committee or the assessment of the Commission for projects not falling within the competency of national regulatory authorities.
Amendment 389 #
Proposal for a regulation
Annex IV – point 1 – point g
Annex IV – point 1 – point g
Amendment 395 #
Proposal for a regulation
Annex IV – point 2 – point c
Annex IV – point 2 – point c
Amendment 400 #
Proposal for a regulation
Annex IV – point 6
Annex IV – point 6