62 Amendments of Nicolás GONZÁLEZ CASARES related to 2021/0424(COD)
Amendment 125 #
Proposal for a regulation
Recital 3
Recital 3
(3) The European Green Deal and the Climate law set the target for the EU to reduce its emissions by at least 55% compared to 1990 levels by 2030 and become climate neutral by 2050 in a manner that contributes to European competitiveness, growth and jobs. This Regulation should contribute to achieving these targets. For a decarbonised gas markets to be set up and contribute to the energy transition, significantly higher shares of renewable energy sources in an integrated energy system with an active participation of consumers in competitive markets are needed.
Amendment 131 #
Proposal for a regulation
Recital 4
Recital 4
(4) This Regulation aims to facilitate the penetration of renewable and low- carbon gases into the energy system enabling a shift from fossil gas, and to allow these new gases to play an important role towards achieving the EU’s 2030 climate objectives and climate neutrality in 2050. Any undue barriers in this regard should be eliminated by Member States. The Regulation aims also to set up a regulatory framework that enables and incentivises all market participants to take the transitional role of fossil gas into account while planning their activities to avoid lock-in effects and ensure gradual and timely phase-out of fossil gas notably in all relevant industrial sectors and for heating purposes.
Amendment 138 #
Proposal for a regulation
Recital 8
Recital 8
(8) It is, generally, most efficient to finance infrastructure by revenues obtained from the users of that infrastructure and to avoid cross-subsidies. Moreover, such cross-subsidies would, in the case of regulated assets, be incompatible with the general principle of cost-reflective tariffs. In exceptional cases, such cross-subsidies could nonetheless bring societal benefits, in particular during earlier phases of network development where booked capacity is low compared to technical capacity and uncertainty as to when future capacity demand will materialise is significant. Cross-subsidies could therefore contribute to reasonable and predictable tariffs for early network users and de-risk investments for network operators. Cross- subsidies could thus contribute to an investment climate supportive to the Union’s, decarbonisation objectives. Cross- subsidies should not be financed by network users in other Member States, regardless as to whether directly or indirectly. It is thus appropriate to collect financing for cross-subsidies only from exit points to final customers within the same Member State. Moreover, as cross- subsidies are exceptional, it should be ensured that they are proportional, transparent, limited in time and, set under regulatory supervision and subject to notification to the Commission and ACER.
Amendment 141 #
Proposal for a regulation
Recital 13
Recital 13
(13) Conditional capacity should only be offered when network operators are not able to offer firm capacity. Network operators should define the conditions for conditional capacity on the basis of operational constraints in a transparent and clear manner. The regulatory authority should ensure that the number and type of conditional capacity products is limited to avoid a fragmentation of the market and to ensure compliance with the principle of providing efficient third-party access.
Amendment 177 #
Proposal for a regulation
Recital 68
Recital 68
(68) In reaction to the significant and EU-wide energy price increases evidenced in autumn 2021 and their negative impacts, the Communication of the Commission of 13 October 2021 entitled ‘Tackling rising energy prices: a toolbox for action and support’ highlighted the importance of an effective and well-functioning internal energy market and of the effective use of gas storages in Europe across the Single market. The Communication also emphasised that a better coordination of security of supply across borders is crucial for the resilience against future shocks. On 20/21 October 2021, the European Council adopted conclusions inviting the Commission to swiftly consider measures that increase the resilience of the EU’s energy system and the internal energy market, including measures which enhance security of supply. In response to Russia’s invasion of Ukraine, the Commission presented the REPowerEU Plan on 8 March 2022 in order to phase out EU’s dependency on Russian fossil fuels and to accelerate the clean energy transition. To contribute to a consistent and timely response to this crisis and possible new crisis at Union level, specific rules to improve cooperation and resilience, notably concerning better- coordinated storage and solidarity rules, should be introduced in this Regulation and in Regulation (EU) 2017/1938, complementing the mandatory minimum level of gas in storage facilities.
Amendment 179 #
Proposal for a regulation
Recital 69
Recital 69
(69) The analysis of the functioning of the storage capacities in the regional common risk assessments should be based on objective assessments of the needs for the security of supply, duly taking into account cross-border cooperation and the solidarity obligations under this Regulation. It should also take into account the importance of avoiding stranded assets in the clean energy transition and the goal of reducing the dependency of the Union to external fossil fuels providers. The analysis should include an assessment of the risks linked to the control of storage infrastructure by third country entities. The analysis should take into account the possibility to use storage facilities in other Member States and for transmission system operators to set up joint procurement of strategic stocks for emergency situationgas provided that the conditions of this Regulation are respected. The regional common risk assessments and national risk assessments should be consistent with each other in order to identify the measures of the national preventive and emergency plans in compliance with this Regulation ensuring that any measures taken do not harm the security of supply of other Member States and do not unduly hinder the effective functioning of the gas market. For instance they should not block or restrict the use of cross-border transport capacities.
Amendment 182 #
Proposal for a regulation
Recital 71
Recital 71
(71) Joint procurement of strategic stockgas by several transmission operators of different Member States or other undertakings designated by the Member States should be designed in a way so that they can be used in the case of Union wide or regional emergency as part of the actions coordinated by the Commission pursuant to Article 12(3) of Regulation (EU) 2017/1938. Transmission system operators or other undertakings designated by the Member States which engage in joint procurement of strategic stockgas shall ensure that any joint purchasing agreement complies with the EU competition rules, and in particular with the requirements of Article 101 TFEU. The notification done to assess the compliance with this Regulation is without prejudice to the notification of aids granted by States, where applicable, under Article 108(3) TFEU.
Amendment 183 #
Proposal for a regulation
Recital 72
Recital 72
(72) The European energy sector is undergoing an important change towards a decarbonised economy, based on renewable energy sources,while ensuring security of supply and competitiveness. While cybersecurity in the electricity sub- sector is already advancing with a network code on cross-border electricity flow, sector-specific mandatory rules for the gas sub-sector are needed to ensure security of the European energy system.
Amendment 185 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) sets non-discriminatory rules for access conditions to natural gas and hydrogen systems taking into account the special characteristics of national and regional markets with a view to ensuring the proper functioning of the internal market in gases as well as to contribute to the long term flexibility of the electricity system; and
Amendment 208 #
Proposal for a regulation
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(g a) market rules shall ensure a consumer-centred and energy efficient approach in the natural gas and hydrogen market;
Amendment 216 #
Proposal for a regulation
Article 3 – paragraph 1 – point j a (new)
Article 3 – paragraph 1 – point j a (new)
(j a) market rules shall priorities, in the early stages of market development, the use of hydrogen for industrial customers in hard-to-decarbonise sectors, including in heavy-duty transport, with the highest greenhouse gas abatement potential, where more energy and cost efficient options are not available;
Amendment 221 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Diversification of pipeline natural gas supplies obligation In order to decrease dependence on pipeline natural gas imports from third countries and to diversify gas supplies to safeguard the security of energy supply and the essential security interests of the Union, each Member State shall ensure that pipeline natural gas supplied from any third country does not exceed 33% of relevant Member State's annual natural gas imports by 31 December 2026 and 25% by 31 December 2029. Those limitations shall not apply to: a) imports from European Economic Area countries b) Member States which have an LNG import capacity higher than two-thirds of their individual annual demand; in this case the pipeline natural gas supplied from a third country shall not exceed 50% of the Member State’s annual natural gas imports.
Amendment 277 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
In regard to point (a) of the first subparagraph, where a transmission system operator offers the same service to different customers, it shall do so under equivalent contractual terms and conditions, either using harmonised transport contracts or a common network code approved by the competent authority in accordance with the procedure laid down in Article 72 or 73 of recast Gas Directive as proposed in COM(2021) xxx . Transmission system operators shall publish contractual terms and tariffs charged for network access and, if applicable, balancing charges, on their website.
Amendment 283 #
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5 a. In case there is less capacity than potential users, priority shall be given to potential users who can demonstrate the highest potential of greenhouse gas abatement. This shall not apply to access to the hydrogen network that has already been granted by the date of the conflict.
Amendment 291 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
LNG and storage system operators shall, at least every two years, assess market demand for new investment allowing the use of renewable and low carbon gases in the facilities such as repurposing for hydrogen derivatives and hydrogen terminals. When planning new investments, LNG and storage system operators shall assess market demand and take into account security of supply. LNG and storage system operators shall make publicly available any plans regarding new investments allowing the usage of renewable and low carbon gases in their facilities.
Amendment 293 #
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) provide appropriate economic signals for the efficient and maximum use of technical capacity, facilitate investment in new infrastructure and facilitate cross- border exchanges in natural gas, taking into account investments in decommissioning, repurposing to hydrogen and investments in alternative demand-side solutions not requiring new infrastructure investments;
Amendment 311 #
Proposal for a regulation
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) entry points from renewable and low carbon production facilities connected to transmission and distribution networks. A discount of 75100% shall be applied to the respective capacity-based tariffs for the purposes of scaling-up the injection of renewable and. Member States may decide to apply a discount of 75% to low-carbon gases;
Amendment 312 #
Proposal for a regulation
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) entry points from renewable and low carbon production facilities. A discount of 75100% shall be applied to the respective capacity- based tariffs for the purposes of scaling-up the injection of renewable andgases. Member States may decide to apply a discount of 75% to low-carbon gases;
Amendment 315 #
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) capacity-based transmission tariffs at entry points from and exit points to storage facilities, unless a storage facility is connected to more than one transmission or distribution network and used to compete with an interconnection point. Such a discount shall be set at a level of 75100% in the Member States where the renewable and low carbon gas was first injected into system. Member States may decide to apply a discount of 75% to low-carbon gases.
Amendment 316 #
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) capacity-based transmission tariffs at entry points from and exit points to storage facilities, unless a storage facility is connected to more than one transmission or distribution network and used to compete with an interconnection point. Such a discount shall be set at a level of 75100% in the Member States where the renewable and low carbon gas was first injected into system. Member States may decide to apply a discount of 75% to low-carbon gases.
Amendment 324 #
Proposal for a regulation
Article 16 – paragraph 5 – introductory part
Article 16 – paragraph 5 – introductory part
5. As of 1 January in the year after the adoption, network users shall receive a discount of 100% on the regulated tariff from the transmission system operator at all interconnection points, including entry points from and exit points to third countries as well as entry points from LNG terminals of 100 % for renewable and 75% for low-carbon gases, after providing the respective transmission system operator with a proof of sustainability, based on a valid sustainability certificate pursuant to Articles 29 and 30 of Directive (EU) 2018/2001 2001 of the European Parliament and of the Council10 and registered in the Union database. . _________________ 10 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
Amendment 338 #
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a National strategies on sustainable biogas and biomethane production and use 1. Within two years after the entry into force of this Regulation, Member States shall develop national strategies on sustainable biogas and biomethane production and use. 2. Such strategies shall assess the Member State's national potential for biogas and biomethane production and the effective integration of the latter into the grid. The national strategy shall provide a trajectory to reach the identified national potentials by 2030 and 2050. 3. The development of the national strategy shall focus on the most sustainable paths, based on waste-based production and the evaluation of the preconditions to further promote the potential of sustainable biomass. This assessment shall be done by taking into account the cascading principle of Article 3(3) of [the proposal for a revised Directive (EU) 2018/2001 (RED II) as proposed in COM(2021) 557 final]. 4. The national strategy shall evaluate any barriers for the production or injection of the biomethane into the grid in the national or regional context and integrate actions for lifting these barriers. It shall further evaluate the standardisation needs and the need for harmonization of market regulation with other Member States. 5. The national strategy shall be closely linked with the integrated National Energy and Climate Plans under Regulation (EU) 2018/1999, and progress in achieving the strategy and its contribution to national and Union targets shall be reported as part of the biennial reporting under Regulation (EU) 2018/1999. 6. Member States shall consult the competent regulatory authority, regional and local authorities as well as transmission and distribution system operators and other relevant parties when developing the national strategies.
Amendment 345 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Transmission system operators shall ensure firm capacity for the access of production facilities of renewable and low carbon gases connected to their grid. For this purpose, transmission system operators shall develop in cooperation with the distribution system operators, network reinforcements plans as well as procedures and arrangements, including investments, to ensure the necessary network reinforcements and a reverse flow from distribution to transmission network.
Amendment 348 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. For the purpose of the swift implementation of grid connection of renewable gas production, Member States shall ensure: (a) that the transmission system operator complies with reasonable time limits to assess the requests for injection of renewable gases, make an offer and implement the connection, with monitoring of the national regulatory authority in accordance with with Article 41 and Article 72(1), point (t) of [the recast Gas Directive as proposed in COM(2021) xxx]; (b) that permitting procedures for the implementation of the connection are not hampered by a lack of administrative capacity and do not create a hurdle to the achievement of the national renewable energy target.
Amendment 360 #
Proposal for a regulation
Article 19 – paragraph 4 – point d
Article 19 – paragraph 4 – point d
(d) conduct a public consultation, in particular of affected end customers connected to the transmission network, on identified feasible solutions and take into consideration the results of the consultation;
Amendment 370 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Transmission system operators shall accept gas flows with a hydrogen content of up to 5% by volume at interconnection points between Union Member States in the natural gas system from 1 October 2025, subject to the procedure described in Article 19 of this Regulation. and the compatibility with the national energy and climate plan of the respective Member State.
Amendment 386 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The ENTSO shall publish and submit to the Commission and to ACER the draft statutes, a list of members and draft rules of procedure, including the rules of procedures on the consultation of other stakeholders, of the ENTSO for Gas in case of changes of those documents or upon a reasoned request of the Commission or ACER .
Amendment 404 #
Proposal for a regulation
Article 23 – paragraph 3 – point g
Article 23 – paragraph 3 – point g
(g) a gas quality and decarbonisation monitoring report by 15 May 2024 at the latest and every two years afterwards, including developments of gas quality parameters, developments of the level and volume of renewable and low carbon gases injected into the gas system as well as of hydrogen blended into the natural gas system, forecasts for the expected development of gas quality parameters and of the volume of hydrogen blended into the natural gas system, the impact of blending hydrogen on cross- border flows as well as information on cases related to differences in gas quality specifications or in specifications of blending levels and how such cases were settled.
Amendment 409 #
Proposal for a regulation
Article 23 – paragraph 3 – point h
Article 23 – paragraph 3 – point h
(h) The gas quality and decarbonisation monitoring report shall also cover the development for the areas listed in point (g) where as far as relevant for the distribution network, based on information provided by the entity of distribution system operators in the Union (‘EU DSO entity’).
Amendment 427 #
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. ACER shall monitor the execution of the tasks referred to in Article 23(1), (2) and (3) of the ENTSO for Gas and report to the Commission. and in accordance with Regulation (EU) 2022/869.
Amendment 429 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 2
Article 24 – paragraph 1 – subparagraph 2
ACER shall monitor and analyse the implementation of the network codes and the guidelines adopted by the Commission as laid down in Articles 52) , 53, 55 and 56 , and their effect on the harmonisation of applicable rules aimed at facilitating market and energy system integration as well as on non- discrimination, effective competition, the Union’s climate and energy targets, the energy efficiency first principle, and the efficient functioning of the market, and report to the Commission.
Amendment 431 #
Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 1
Article 24 – paragraph 2 – subparagraph 1
Within two months from the day of receipt, ACER shall provide aublish its duly reasoned opinion as well as recommendations to the ENTSO for Gas and to the Commission where it considers that the draft annual work programme or the draft Union -wide network development plan submitted by the ENTSO for Gas do not contribute to non-discrimination, effective competition, the efficient functioning of the market or a sufficient level of cross-border interconnection open to third-party access.
Amendment 433 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. While preparing the network codes, the draft Union -wide network development plan and the annual work programme referred to in Article 23(1), (2) and (3), the ENTSO for Gas shall conduct an extensive consultation process, at an early stage and in an open and transparent manner, involving all relevant market participants, and, in particular, the organisations representing all stakeholders, in accordance with the rules of procedure referred to in Article 22(1). That consultation shall also involve regulatory authorities and other national, regional and local authorities, supply and production undertakings, network users including customers, distribution system operators, including relevant industry associations, technical bodies and stakeholder platforms. It shall aim at identifying the views and proposals of all relevant parties during the decision- making process.
Amendment 435 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
The costs related to the activities of the ENTSO for Gas referred to in Articles 21 to 23 , 52 and 53 of this Regulation, and in Article 11 of Regulation (EU) No 347/2013 of the European Parliament and of the Council11 shall be borne by the transmission system operators and shall be taken into account in the calculation of tariffs. Regulatory authorities shall approve those costs only if they are reasonable and appropriate and provide reasons where they are not approved. _________________ 11 Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure (OJ L 115, 25.4.2013, p. 39).
Amendment 450 #
Proposal for a regulation
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
(c) identify investment gaps, notably with respect to cross-border capacities, as well as investments with regard to the decommissioning of infrastructure or for repurposing natural gas infrastructure for the transport of hydrogen and investments for demand-side solutions not requiring new infrastructure investments.
Amendment 454 #
Proposal for a regulation
Article 29 – paragraph 2 – point c a (new)
Article 29 – paragraph 2 – point c a (new)
(c a) the need to priorities the use of hydrogen in hard to decarbonise sectors in the early stage of its market development.
Amendment 455 #
Proposal for a regulation
Article 29 – paragraph 2 – point c b (new)
Article 29 – paragraph 2 – point c b (new)
(c b) take into account the local heating and cooling planning.
Amendment 456 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
In regard to the second subparagraph, point (c), a review of barriers to the increase of cross-border capacity of the network arising from different approval procedures or practices including demand-side alternatives not requiring new infrastructure investments may be annexed to the Union - wide network development plan.
Amendment 457 #
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
With regards to the second subparagraph, point (ca), information on the location of industrial customers in hard-to- decarbonise sectors with the highest greenhouse gas abatement potential as well as the optimal location and size of energy storage, power to gas assets and hydrogen-ready plants and take into account the existence of more energy and cost efficient options to assess and address the needs for infrastructure development may be annexed to the Union-wide network development plan.
Amendment 459 #
When developing the Union-wide ten-year network development, the ENNOH and the ENTSO for Gas shall cooperate with the ENTSO for Electricity in particular on the development of the energy system wide cost-benefit analysis and the interlinked energy market and network model including electricity, gas and hydrogen transport infrastructure as well as storage, LNG and hydrogen terminals and electrolysers referred to in Article11 [TEN-E revision], the scenarios for the Ten-Year Network Development Plans referred to in Article 12 [TEN-E revision] and the infrastructure gaps identification referred to in Article 13 [TEN-E revision].
Amendment 461 #
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
5. The transmission system operator shall always disclose the information required by this Regulation in a meaningful, quantifiably clear and easily accessible mannerway and on a non-discriminatory basis.
Amendment 465 #
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2 a. For the purpose of the swift implementation of grid connection of renewable gas production, Member States shall ensure: (a) that the distribution system operator complies with reasonable time limits to assess the requests for injection of renewable gases, make an offer and implement the connection, with monitoring of the national regulatory authority in line with Article41 and 72(1), point (t) of [the recast Gas Directive as proposed in COM(2021) xxx]; (b) that permitting procedures for the implementation of the connection are not hampered by lack of administrative capacity and that do not create a hurdle to the achievement of the national renewable energy target.
Amendment 469 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
Distribution system operators shall cooperate with other distribution system operators and transmission system operators to coordinate maintenance, system development, new connections, decommissioning and the operation of the system to ensure system integrity and with a view to maximise capacity and minimise the use of fuel gas.
Amendment 482 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
The costs related to the activities of the EU DSO entity shall be borne by the distribution system operators that are registered members and shall be taken into account in the calculation of tariffs. Regulatory authorities shall only approve costs that are reasonable and proportionate and provide reasons where they are not approved.
Amendment 498 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. Within four months of receipt of the documents pursuant to paragraph 3, ACER shall provide the Commission with its opinion, after consulting organisations representing all stakeholders, in particular distribution system users, including customers.
Amendment 522 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Hydrogen network operators shall cooperate to avoid restrictions to cross- border flows of hydrogen due to hydrogen quality differences in order to meet the quality requirements of different end-use applications.
Amendment 547 #
Proposal for a regulation
Article 42 – paragraph 1 – point e a (new)
Article 42 – paragraph 1 – point e a (new)
(e a) develop recommendations for the use of hydrogen in view of prioritising its use in hard to decarbonise sectors in the early stages of its market development;
Amendment 548 #
Proposal for a regulation
Article 42 – paragraph 1 – point h
Article 42 – paragraph 1 – point h
(h) adopt an annual outlook for the supply of hydrogen covering Member States where hydrogen is used in electricity generation or for supplying households taking into account the local heating and cooling planning as set out in Article 52a of [the recast Gas Directive as proposed in COM(2021) xxx];
Amendment 551 #
Proposal for a regulation
Article 42 – paragraph 1 – point i
Article 42 – paragraph 1 – point i
(i) adopt a hydrogen quality monitoring report by 15 May 2026 at the latest and every two years afterwards, including developments and forecasts for the expected developments of hydrogen quality parameters, as well as information on cases related to differences in hydrogen quality specifications and how such cases were settled in view of meeting the quality requirements of different end-use applications;
Amendment 558 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 – point c
Article 43 – paragraph 1 – subparagraph 1 – point c
(c) identify investment gaps, notably with respect to cross-border capacities., as well as investments with regard to the decommissioning of natural gas infrastructure or for repurposing natural gas infrastructures for the transport of hydrogen and investments for demand- side solutions not requiring new infrastructure investments;
Amendment 563 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 – point c a (new)
Article 43 – paragraph 1 – subparagraph 1 – point c a (new)
(c a) the need to priorities the use of hydrogen in hard to decarbonise sectors in the early stage of its market development;
Amendment 568 #
Proposal for a regulation
Article 43 – paragraph 3
Article 43 – paragraph 3
3. When developing the Union-wide ten-year network development plan as referred to in Article 42, the ENNOH shall cooperate with the ENTSO for Electricity and with the ENTSO for Gas, in particular on the development of the energy system wide cost-benefit analysis, capacity needs across the energy system and the interlinked energy market and network model including electricity, gas and hydrogen transport infrastructure as well as storage, LNG and hydrogen terminals and electrolysers referred to in Article 11 [TEN-E revision], the scenarios for the Ten-Year Network Development Plans referred to in Article 12 [TEN-E revision] and the infrastructure gaps identification referred to in Article 13 [TEN-E revision].
Amendment 572 #
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
The costs related to the activities of the ENNOH for Hydrogen referred to in Articles 42 of this Regulation shall be borne by the hydrogen network operators and shall be taken into account in the calculation of tariffs. Regulatory authorities shall approve those costs only if they are reasonable and appropriate and provide reasons where they are not approved.
Amendment 575 #
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. While preparing the proposals pursuant to the tasks referred to in Article 42, the ENNOH shall conduct an extensive public consultation process at an early stage and in an open and transparent manner, involving all relevant market participants, and in particular the organisations representing all stakeholders, in accordance with the rules of procedure referred to in Article 40 of this Regulation. The consultation process shall accommodate stakeholder comments before the final adoption of the proposal, aiming at identifying the views and proposals of all relevant parties during the decision-making process. The consultation shall also involve regulatory authorities and other national authorities, producers, network users including customers, technical bodies and stakeholder platforms.
Amendment 609 #
Proposal for a regulation
Article 58 – paragraph 6 – subparagraph 1
Article 58 – paragraph 6 – subparagraph 1
The Commission shall, at the same time, send a copy of its decision to the regulatory authorities of the Member State within the territory of which the person is resident orand the seat of the undertaking is situated.
Amendment 611 #
Proposal for a regulation
Article 60 – paragraph 1 – point c a (new)
Article 60 – paragraph 1 – point c a (new)
(c a) demand-side solutions not requiring new infrastructure investments have been taken into account as possible alternative to the new infrastructure;
Amendment 612 #
Proposal for a regulation
Article 60 – paragraph 1 – subparagraph 1
Article 60 – paragraph 1 – subparagraph 1
These conditions should be assessed taking into account the principle of energy solidarity and of energy efficiency first. National authorities should take into account the situation in other affected Member State and balance possible negative effects with the beneficial effects on its territory.
Amendment 613 #
Proposal for a regulation
Article 60 – paragraph 3 – subparagraph 2
Article 60 – paragraph 3 – subparagraph 2
Where the third-country authorities consulted do not respond with a reasoned opinion to the consultation within a reasonable time frame or within a set deadline not exceeding three months, the regulatory authority concerned may adopt the necessary decision.
Amendment 620 #
Proposal for a regulation
Article 65 – paragraph 1 – point 7
Article 65 – paragraph 1 – point 7
Regulation (EU) 2019/942
Article 6
Article 6
(9b) ACER may issue recommendations to regulatory authorities on the allocation of costs of solutions for restrictions to cross-border flows due to gas quality differences pursuant to Article 19(8) of [Gas Regulation] and due to disruption of supply.
Amendment 621 #
Proposal for a regulation
Article 65 – paragraph 1 – point 16
Article 65 – paragraph 1 – point 16
Regulation (EU) 2019/942
Article 15 (1)
Article 15 (1)
ACER, in close cooperation with the Commission, the Member States and the relevant national authorities, including the regulatory authorities, and without prejudice to the competences of competition authorities, shall monitor the wholesale and retail markets in electricity and natural gas, in particular the retail prices of electricity and natural ga and their functioning, wholesale and retail electricity and natural gas prices as well as their setting mechanism with regard to possible anti- competitive, unfair and non transparent conducts by market operators, compliance with the consumer rights laid down in Directive (EU) 2019/944 and [Gas Directive], the impact of market developments on household customers, access to the networks including access of electricity produced from renewable energy sources, the progress made with regard to interconnectors, potential barriers to cross-border trade, including the impact of blending hydrogen into the natural gas system and barriers to the cross-border flow of biomethane, regulatory barriers for new market entrants and smaller actors, including citizen energy communities, state interventions preventing prices from reflecting actual scarcity, such as those set out in Article 10(4) of Regulation (EU) 2019/943, the performance of the Member States in the area of security of supply of electricity based on the results of the European resource adequacy assessment as referred to in Article 23 of that Regulation, taking into account, in particular, the ex- post evaluation referred to in Article 17 of Regulation (EU) 2019/941.
Amendment 622 #
Proposal for a regulation
Article 65 – paragraph 1 – point 18
Article 65 – paragraph 1 – point 18
Regulation (EU) 2019/942
Article 15 (2)
Article 15 (2)
ACER shall publish annually a report on the results of the monitoring referred to in paragraph 1. In that report, it shall identify any barriers, including anti-competitive, unfair and non transparent market conducts by market operators, to the completion of the internal markets for electricity, natural gas and hydrogen.’.’
Amendment 650 #
Proposal for a regulation
Article 67 – paragraph 1 – point 8
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7d – paragraph 1 – subparagraph 3
Article 7d – paragraph 1 – subparagraph 3
The mechanism shall be open to participation of all transmission system operators or other undertakings designated by the Member State, gas suppliers and other relevant market participants within the Union who wish to join after its establishment.