36 Amendments of Francesca DONATO related to 2021/0425(COD)
Amendment 113 #
Proposal for a directive
Recital 6
Recital 6
(6) This Directive 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. The Directive aims also to set up a regulatory framework which 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 timelyand allow a gradual phase-out of fossil gas notably in all relevant industrial sectors and for heating purposes.
Amendment 116 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) The integration of biomethane in the natural gas system contributes to diversify the energy supply in line with the Commission's targets
Amendment 132 #
Proposal for a directive
Recital 9
Recital 9
(9) In line with the EU Hydrogen Strategy, the priority for the EU is to develop renewable hydrogen produced using mainly wind and solar energy. Renewable hydrogen is the most compatible option with thproduced using biomass energy falls under the definition of biogas, as indicated by Directive (EU’s climate neutrality and zero pollution goal in the long term and the most coherent wi) 2018/2001. However, renewable hydrogen production is not likely to meet rapidly the expected growth ain integrated energy system. Howeverdemand for hydrogen in the Union. Therefore, low- carbon fuels (LCFs) such as low-carbon hydrogen (LCH) may play a role in the energy transition, particularly in the short and medium term to rapidlyto reduce emissions of existing fuels, and support the uptake of renewable fuels such as renewable hydrogentransition of the Union's industry. In order to support the transition, it is necessary to establish a threshold for greenhouse gas emission reductions for low-carbon hydrogen and synthetic gaseous fuels. Such threshold should become more stringent for hydrogen produced in installations starting operations from 1 January 20315 to take into account technological developments and better stimulate the dynamic progress towards the reduction of greenhouse gas emissions from hydrogen production. The EU Energy System Integration strategy highlighted the need to deploy an EU–wide certification system to also cover low- carbon fuels with the aim to enable Member States to compare them with other decarbonisation options and consider them in their energy mix as a viable solution. In order to ensure that LCF have the same decarbonisation impact as compared to other renewable alternatives it is important that they are certified by applying a similar methodological approach based on a life cycle assessment of their total greenhouse gas (‘GHG’) emissions. This would allow deploying a comprehensive EU-wide certification system, covering the whole Union energy mix. Taking into consideration that LCF and LCH are not renewable fuels, their terminology and certification could not be included in the proposal for the revision of Directive (EU) 2018/2001 of the European Parliament and of the Council8 . Therefore, their inclusion in this Directive fills in this gap. _________________ 8 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 159 #
Proposal for a directive
Recital 20
Recital 20
(20) Natural gas still plays a key role in energy supply, as household energy consumption from natural gas is still higher than from electricity. Although electrification is a key element of the green transition, in the future there will still be household natural gas consumption including increasing volumes of renewable and low carbon gas.
Amendment 169 #
Proposal for a directive
Recital 24
Recital 24
(24) The switch from fossil gas to renewable alternatives will concretise if energy from renewable sources becomes an attractive, non-discriminatory choice for consumers based on truly transparent information where the transition costs are fairly distributed among different groups of consumers and market players. Fuels switch should be accompanied by measures aimed to remove adverse effects on final consumers, in particular people affected by or at risk of energy poverty.
Amendment 171 #
Proposal for a directive
Recital 24
Recital 24
(24) The switch from fossil gas to renewable or low carbon alternatives will concretise if energy from renewablthese sources becomes an attractive, non-discriminatory choice for consumers based on truly transparent information where the transition costs are fairly distributed among different groups of consumers and market players.
Amendment 176 #
Proposal for a directive
Recital 27
Recital 27
(27) To be coherent and effective, this mirroring approach should be encompass all consumer protection and empowerment provisions, whenever feasible and adaptable to the gas market. This should go from basic contractual rights to rules for billing information, switching energy provider, having at disposal reliable comparison tools, protecting vulnerable and energy poor consumers, ensuring adequate data protection for any smart meters and data management, and efficient alternative dispute resolution rules.
Amendment 183 #
Proposal for a directive
Recital 34
Recital 34
(34) Final customers should also be able to consume, to store and to sell self- generated renewable or low carbon gas and participate in all natural gas markets by providing ancillary services to the system, for instance through energy storage. Member States should be able to have different provisions in their national law with respect to taxes and levies for individual and jointly-acting active customers.
Amendment 194 #
Proposal for a directive
Recital 38
Recital 38
(38) The regular provision of accurate billing information based on actual gas consumption, facilitated by smart metering, is important to help customers to control their gas consumption and costs. Nevertheless, customers, in particular household customers, should have access to flexible arrangements for the actual payment of their bills.
Amendment 196 #
Proposal for a directive
Recital 41
Recital 41
(41) In order to assist final customers’ active participation in the market, the smart metering systems tohat could be deployed should, after a positive cost-benefit assessment, have due regard to the use of relevant available standards, including those enabling interoperability on the level of the data model and the application layer, to best practices and the importance of the development of data exchange, to future and innovative energy services. Moreover, the smart metering systems that are deployed should not represent a barrier to switching supplier in the case of natural gas consumers, and should be equipped with fit-for-purpose functionalities that allow final customers to have timely access to their consumption data, to modulate their energy behaviour, be rewarded for it, and obtain savings in their bills.
Amendment 210 #
Proposal for a directive
Recital 67
Recital 67
(67) The operation of hydrogen networks should be separated from activities of energy production and supply in order to avoid the risk of conflicts of interest on behalf of the network operators. The structural separation of ownership of hydrogen networks and participations in energy production and supply guarantees the absence of such conflicts of interest. Member States should be able to rely on the alternative unbundling model of “integrated hydrogen network operator” until 2030 to provide a transitional period for existing vertically integrated hydrogen networks. Member States should also be able to allow the use of the “independent hydrogen network operator” model to allow vertically integrated owners of hydrogen networks to retain ownership of their networks while ensuring the non- discriminatory operation of such networks after 20305.
Amendment 214 #
Proposal for a directive
Recital 69
Recital 69
Amendment 220 #
Proposal for a directive
Recital 72
Recital 72
(72) The availability of large-scale underground hydrogen storage facilities is limited and distributed unevenly across Member States. In view of the risks and of the potentially beneficial role for the functioning of hydrogen transport and markets, the access to such large-scale underground storages should be subject to regulated third party access in order to ensure a level playing field for market participants and the highest safety level.
Amendment 263 #
Proposal for a directive
Recital 112
Recital 112
(112) Network development plans are an important element to identify infrastructure gaps and provide information on infrastructure that either needs to be built or that can be decommissioned andor that could be used for other purposes, such as hydrogen transport. This is true irrespective of the unbundling model chosen for the network operators.
Amendment 266 #
Proposal for a directive
Recital 113
Recital 113
(113) Providing information on infrastructure that can be decommissioned or repurposed within the network development plan may mean either leaving the infrastructure unused, dismantling it or using it for other purposes, such as hydrogen transport. The objective of this increased transparency on infrastructure takes into account that repurposed infrastructure is comparatively cheaper than newly built infrastructure and hence should enable a practicable and cost effective transition.
Amendment 272 #
Proposal for a directive
Recital 117
Recital 117
(117) In contrast to electricity, the role of natural gas is expected to gradually decrease, which also affects the demand for infrastructure investments. The network development plan therefore needs to balance competition concerns and avoid stranded assets. Consequently, ownership unbundled transmission system operators should not be covered by Article 51 (7).
Amendment 279 #
Proposal for a directive
Recital 125
Recital 125
(125) Long-term contracts are an important part of the gas supply of Member States . However, they should not constitute a barrier to the entry of renewable and low carbon gases, which is why the duration of contracts for the supply of fossil gas will not be able to run beyond 2049. Such contracts shall always be in line with the objective of this Directive and are compatible with the TFEU , including the competition rules. It is necessary to take into account long-term contracts in the planning of supply and transport capacity of undertakings.
Amendment 299 #
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Directive establishes rules for the progressive establishment of a Union- wide interconnected hydrogen system contributing to the long-term resilience of the electricity system and to the reduction of net greenhouse gas emissions of difficult to decarbonise sectors and thereby supporting to the decarbonisation of the EU energy system.
Amendment 319 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘renewable gas’ means biogas as defined in Article 2, point (28) of Directive 2018/2001, including biogas that has been upgraded to biomethane, and renewable gaseous fuels part of fuels of non- biological origins (‘RFNBOs’) as defined in Article 2, point (36) of that Directive’;
Amendment 339 #
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘low-carbon hydrogen’ means hydrogen the energy content of which is derived from non-renewable sources, which meets a greenhouse gas emission reduction threshold of 760%;
Amendment 351 #
Proposal for a directive
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘low-carbon fuels’ means recycled carbon fuels as defined in Article 2 of Directive (EU) 2018/2001, low-carbon hydrogen and synthetic gaseous and liquid fuels the energy content of which is derived from low-carbon hydrogen, which meet the greenhouse gas emission reduction threshold of 760%.
Amendment 371 #
Proposal for a directive
Article 2 – paragraph 1 – point 48
Article 2 – paragraph 1 – point 48
(48) ‘security’ means both security of supply to fully satisfy the demand of natural gas and technical safety;
Amendment 496 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In order to ensure that the greenhouse gas emissions savings from the use of low carbon fuels and low carbon hydrogen are at least 760% in accordance with the definitions in Article 2, points (10) and (12) under Article 2, Member States shall require economic operators to show that this threshold and the requirements established in the methodology referred to in paragraph 5 of this Article have been complied with. For those purposes, they shall require economic operators to use a mass balance system in line with Article 30 (1) and (2) of Directive (EU) 2018/2001.
Amendment 502 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall ensure that economic operators submit reliable information regarding the compliance with the 760% greenhouse gas emissions savings threshold set in paragraph 2 and with the greenhouse gas emissions saving methodology referred to in paragraph 5, and that economic operators make available to the relevant Member State, upon request, the data that were used to develop the information. Member States shall require economic operators to put in place an adequate standard of independent auditing of the information submitted, and to provide evidence that this has been done. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud.
Amendment 528 #
Proposal for a directive
Article 8 – paragraph 9 – point b
Article 8 – paragraph 9 – point b
(b) by way of derogation from paragraph 7, require suppliers of the source of low carbon fuels to provide further evidence of their compliance with the greenhouse gas emissions saving criteria and the 760% greenhouse gas emissions savings threshold.
Amendment 615 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall ensuremay proceed with the deployment in their territories of smart metering systems. Such deployment may be subject to a only after a positive cost-benefit assessment which. Such deployment shall be undertaken in accordance with the principles laid down in Annex II.
Amendment 616 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States that proceed with the deployment of smart metering systems shall adopt and publish the minimum functional and technical requirements for the smart metering systems to be deployed in their territories, in accordance with Article 18 and Annex II. Member States shall ensure the interoperability of those smart metering systems, as well as their ability to provide output for consumer energy management systems. In that respect, Member States shall have due regard to the use of the relevant available standards, including those enabling interoperability, to best practices and to the importance of the development of smart grids and the development of the internal market for natural gas. Member States that proceed with the deployment of smart metering systems shall provide guidelines for the provision of clear information and advice to all consumers.
Amendment 620 #
Proposal for a directive
Article 17
Article 17
Amendment 628 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Where final natural gas customers do not have smart meters, Member States shall ensure that, insofar as it is technically and financially possible and proportionate to the potential energy savings, final customers are provided with individual conventional meters that accurately measure their actual consumption.
Amendment 634 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
Member States shall take appropriate measures to protect final customers, and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customerspeople affected by or at risk of energy poverty. In this context, easuch Member Statevulnerable customers shall be define the concept of vulnerable customers which may refer to energy povertyd as those living below the 50% of the national median equivalised disposable income. Measures to protect such vulnerable consumers may include, inter alia, to the prohibition of disconnection to such customers in critical times.
Amendment 729 #
Proposal for a directive
Article 46 – paragraph 1 – point g
Article 46 – paragraph 1 – point g
(g) taking all reasonable measures available to prevent and minimise hydrogen emissions in their operations and carrying out, at regular intervals, a hydrogen leak detection and repair survey of all relevant components under the operator responsibility, in order to guarantee the highest level of safety;
Amendment 792 #
Proposal for a directive
Article 51 – paragraph 2 – point c
Article 51 – paragraph 2 – point c
(c) include information on infrastructure that can or will be decommissioned or repurposed for the transport of hydrogen; and
Amendment 926 #
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 930 #
Proposal for a directive
Article 62 – paragraph 4
Article 62 – paragraph 4
4. Until 31 December 20305, 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 20305 at the latest.
Amendment 941 #
Proposal for a directive
Article 63 – paragraph 1
Article 63 – paragraph 1
Amendment 1014 #
Proposal for a directive
Article 80 – paragraph 2
Article 80 – paragraph 2
2. Member States may apply to the Commission for derogations from applying Articles 3, 7, 54 or 27 to outermost regions within the meaning of Article 349 TFEU or to other geographically isolated areands. Any such derogation shall not expire from the momenbefore 2050 and provided that a connection from the region or area to a Member State with an interconnected system is completed.