Activities of Cornelia ERNST related to 2021/0425(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on common rules for the internal markets in renewable and natural gases and in hydrogen (recast)
Amendments (94)
Amendment 100 #
Proposal for a directive
Recital 2
Recital 2
Amendment 104 #
Proposal for a directive
Recital 4
Recital 4
(4) As part of the Package “Clean Energy for all Europeans” proposed by the Commission on 30 November 2016, Regulation (EU) 2019/9436 and Directive (EU) 2019/9447 brought about a further step in the development of the internal market for electricity with citizens at its core and contributing to the Union’s objectives of transition to a clean energy system and reducing greenhouse gas emissions. The internal market in natural gas should be built on those same principles and, in particular, ensure an equal level of consumer protection. Very particularly, every Union energy policy should address vulnerable consumers and tackle energy poverty. _________________ 6 Regulation (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). 7 Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).
Amendment 108 #
Proposal for a directive
Recital 5
Recital 5
(5) The Union has aims tomust cut greenhouse gas emissions and should promote efficient and integrated energy systems. It has therefore adopted a set of initiatives to reach that goal, including the energy system integration strategy and the hydrogen strategy published by the Commission in July 2020, which set out how to update the energy markets, including the decarbonisation of gas markets as well asand the recommendation on the energy efficiency first principle published by the Commission in September2021, which together set out how to update the energy markets, including the decarbonisation of gas markets. These initiatives also call for transitioning to a more circular energy system with energy efficiency at its core, greater direct electrification of end-use sectors, prioritising demand-side solutions whenever they are more cost-effective than investments in energy infrastructure, and using renewable fuels, including hydrogen, only for end-use applications where electrification is not feasible, not efficient or involves higher costs. The Union has also adopted a set of initiatives and mandatory targets to encourage decarbonisation in Regulation (EU) 2018/1999 and Regulation (EU) 2021/1119. This Directive should contribute to achieving these goals, ensuring security of supply and a well- functioning internal market for gases, including for hydrogen, and facilitating efficient and integrated energy systems.
Amendment 110 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5 a) The continued use of fossil gas puts the Union’s climate and energy goals at risk. A fossil gas phase-out by 2035 needs to be pursued, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030, compared to 2015. Planning of gas infrastructure should take this decline into account and give duly consideration to decommissioning of fossil gas infrastructure.
Amendment 114 #
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 timely phase-out of fossil gas by 2035, notably in all relevant industrial sectors and for heating purposes.
Amendment 118 #
Proposal for a directive
Recital 7
Recital 7
(7) The EU hydrogen strategy recognises that, as EU Member States have different potential for the production of renewable hydrogen, an open and competitive EU market with unhindered cross-border trade has important benefits for competition, affordability, and security of supply. Moreover, it stresses that moving towards a liquid market with commodity-based hydrogen trading would facilitate entry of new producers and be beneficial for deeper integration with other energy carriers. It would create viable price signals for investments and operational decisions. The rules laid down in this Directive should thus be conducive for hydrogen markets, commodity-based hydrogen trading and liquid trading hubs to emerge and any undue barriers in this regard should be eliminated by Member States. Whilst recognising the inherent differences, existing rules that enabled efficient commercial operations developed for the electricity and gas markets and trading should be rendered applicable to Union hydrogen markets to the extent appropriate and within a suitable time frame.
Amendment 127 #
Proposal for a directive
Recital 8
Recital 8
(8) In line with the EU Hydrogen Strategy, 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, and active customers and citizen energy communities do not apply to the hydrogen system.
Amendment 134 #
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 the EU’s climate neutrality and zero pollution goal in the long term and the most coherent with an integrated energy system. However, 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 rapidly reduce emissions of existing fuels, and support the uptake of renewable fuels such as renewable hydrogen. 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 203126 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 136 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) Regardless of the chosen production pathway, hydrogen production incurs significant energy conversion losses. Therefore, hydrogen should only be used for those applications where more energy-efficient alternatives are not yet available. This notably includes applications in so-called hard-to- decarbonise sectors, e.g. the production of sustainable aviation fuels and fuels for shipping, in steelmaking, and in the chemicals sector. Conversely, all efforts should be made to avoid the use of hydrogen for applications where more energy-efficient alternatives exist. This notably includes heating buildings, producing hot water for sanitary use, and low-grade heat for industrial processes.
Amendment 142 #
Proposal for a directive
Recital 10
Recital 10
Amendment 144 #
Proposal for a directive
Recital 11
Recital 11
(11) Consumer interests shouldmust be at the heart of this Directive and quality of service should be a central responsibility of natural gas undertakings. Existing rights of consumers and rights for access to essential services, including energy, and safeguarding againsttackling energy poverty, as stated in the European Pillar of Social Rights communication need to be strengthened and guaranteed, and should include greater transparency, particularly on prices. Consumer protection should ensure that all consumers in the wider remit of the Union benefit from a competitive gas market. Consumer rights should be enforced and applied by Member States or, where a Member State has so provided, the regulatory authorities.
Amendment 145 #
Proposal for a directive
Recital 12
Recital 12
Amendment 147 #
Proposal for a directive
Recital 13
Recital 13
(13) PThe European Pillar of Social Rights places energy among the essential services everyone shall have access to and calls for support measures for those in need (principle 20). UN Sustainable Development Goal number 7 (SDG7) also calls for ensuring access to affordable, reliable, sustainable and modern energy for all. Thus, public service requirements and the common minimum standards that follow from them need to be further strengthened to make sure that all consumers, especially vulnerable ones, can benefit from competition and fair prices. The public service requirements should be defined at national level, taking into account national circumstances; Union law should, however, be respected by the Member States.
Amendment 148 #
Proposal for a directive
Recital 14
Recital 14
(14) Member States should have a wide discretion to impose public service obligations on gas undertakings in pursuing objectives of general economic interest. However, public service obligations in the form of price setting for the supply of natural gas constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits, the limitation of consumer choice, poorer incentives for energy saving and energy efficiency investments, lower standards of service, lower levels of consumer engagement and satisfaction, and the restriction of competition, as well as to there being fewer innovative products and services on the market. Consequentl, including the direct provision of service. In addition to price setting if necessary, Member States should apply other policy tools, in particular targeted social policy measures, to safeguard the affordability of natural gas supply to their citizens. Public interventions in price setting for the supply of natural gas should be carried out only as public service obligations and should be subject to specific conditions. A fully liberalised, well-functioning retail natural gas market would stimulate price and non-price competition among existing suppliers and provide incentives to new market entrants, thereby improving consumer choice and satisfaction.
Amendment 155 #
(18) Member States should take into account the fact that the successful transition requires enhanced investment in education and skills for workers in the gas industry, including in relation to infrastructure development. Such mention would be in line with the proposal for a revision of EED (2021/0203 (COD). Social partners must play a key role in this process.
Amendment 163 #
Proposal for a directive
Recital 22
Recital 22
(22) The natural gas market witnesses poor customer satisfaction and engagement as well as slow uptake of new renewable and low-carbon gases, which all reflect limited competition in many Member States. Unlike falling prices in wholesale markets, natural gas prices for household customers rose in the last decade resulting in household consumers paying two or three times more for their natural gas consumption than industrial customers. This denotes structural market failure, closely linked to lack of transparency on price creation, and reinforces the need of public control.
Amendment 166 #
Proposal for a directive
Recital 23
Recital 23
(23) As recent experience in the electricity sector, market flexibilities and an has demonstrated, adequate Union consumer rights’ legal framework in the natural gas sector are also essential and must be reinforced to ensure that consumers can participate in the energy transition and benefit from affordable prices, good standards of service, and effective choice of offers mirroring technological developments, all of which is not at all warranted.
Amendment 172 #
Proposal for a directive
Recital 25
Recital 25
(25) To address the current gaps in the retail gas market, it is necessary to tackle the existing competition and technical barriers to the emergence of new services,stronger public control to ensure better levels of service, and lower consumer prices, whilst ensuring the protection of energy poor and vulnerable consumers.
Amendment 174 #
Proposal for a directive
Recital 26
Recital 26
Amendment 177 #
Proposal for a directive
Recital 28
Recital 28
Amendment 180 #
Proposal for a directive
Recital 30
Recital 30
(30) Switching is an important indicator of consumer engagement as well as in important tool to boost competition on the natural gas market. Switching rates remain inconsistent among Member States and consumers are discouraged from switching by exit and termination fees. Although removing such fees might limit consumer choice by eliminating products based on rewarding consumer loyalty, restricting their use further should improve consumer welfare, consumer engagement and competition in the market. Current oligopolistic market structure in many countries is very far from consumers' interest.
Amendment 185 #
Proposal for a directive
Recital 35
Recital 35
Amendment 189 #
Proposal for a directive
Recital 36
Recital 36
Amendment 200 #
Proposal for a directive
Recital 45
Recital 45
(45) Member States shouldwill take appropriate measures, such as providing benefits by means of their social security systems, to ensure the necessary supply to vulnerable customers, or providing for support for energy efficiency improvements, to address energy poverty where identified pursuant to Article 3(3), point (d) of Regulation (EU) 2018/1999 of the European Parliament and of the Council9 , including in the broader context of poverty. Such measures could differ according to the particular circumstances in the Member States in question and could include social or energy policy measures relating to the payment of gas bills, to investment in the energy efficiency of residential buildings, or to consumer protection such as disconnection safeguards. As energy should be considered a universal right, disconnection because of lack of payment must be banned. _________________ 9 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
Amendment 206 #
Proposal for a directive
Recital 66
Recital 66
(66) Pipeline networks for hydrogen should constitute an important means of efficient and sustainable transport for hydrogen, both onshore and offshore. As a result of the high capital expenditure required for their construction, hydrogen pipeline networks could constitute natural monopolies, also under public control. Experience with the regulation of natural gas markets has shown the importance of ensuring open and non- discriminatory access to pipeline networks with a view to safeguarding competition on commodity markets. Therefore, well- established principles of network operation, such as third-party access, should be applicable to onshore and offshore hydrogen networks in the Union.
Amendment 209 #
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, under strong public control, contributes to reducing 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 2030.
Amendment 230 #
Proposal for a directive
Recital 92
Recital 92
(92) The security of energy supply is an essential element of public security and is therefore inherently connected to the efficient functioning of the internal market in gas and the integration of the isolated gas markets of Member States. Gas can reach the citizens of the Union only through the network. Functioning open gas markets under an adequate public control, and, in particular, networks and other assets associated with gas supply are essential for public security, for the competitiveness of the economy and for the well-being of the citizens of the Union. Persons from third countries should therefore only be allowed to control a transmission system or a transmission system operator if they comply with the requirements of effective separation that apply inside the Union . Without prejudice to the international obligations of the Union , the Union considers that the gas transmission system sector is of high importance to the Union and therefore additional safeguards are necessary regarding the preservation of the security of supply of energy to the Union to avoid any threats to public order and public security in the Union and the welfare of the citizens of the Union. The security of supply of energy to the Union requires, in particular, an assessment of the independence of network operation, the level of the Union ’s and individual Member States’ dependence on energy supply from third countries, and the treatment of both domestic and foreign trade and investment in energy in a particular third country. Security of supply should therefore be assessed in the light of the factual circumstances of each case as well as the rights and obligations arising under international law, in particular the international agreements between the Union and the third country concerned. Where appropriate the Commission should submit recommendations to negotiate relevant agreements with third countries addressing the security of supply of energy to the Union or to include the necessary issues in other negotiations with those third countries.
Amendment 231 #
Proposal for a directive
Recital 95 a (new)
Recital 95 a (new)
(95 a) In order to improve competition in the market for the operation of gas distribution systems, Member States should designate distribution system operators following a transparent procedure and set a limit on the period of time an operator can be designated. This will ensure that distribution system operators are not designated in perpetuity and improve the balance of power in concession negotiations with the relevant authorities.
Amendment 233 #
(96) Member States should take concrete measures to assist the wider use of biogas and gas from biomass, particularly at local level, the producers of which should be granted non- discriminatory access to the gas system, provided that such access is compatible with the relevant technical rules and safety standards on an ongoing basis.
Amendment 243 #
Proposal for a directive
Recital 103
Recital 103
(103) Regulatory authorities should be able to fix or approve tariffs, or the methodologies underlying the calculation of the tariffs, on the basis of ataking into account proposals by the transmission system operator or distribution system operator(s) or liquefied natural gas (LNG) system operator, or on the basis of a proposals agreed between those operators and the users of the network. In carrying out those tasks, regulatory authorities should ensure that transmission and distribution tariffs are non-discriminatory and cost-reflective, and should take account of the long-term, marginal, avoided network costs from demand-side management measures.
Amendment 247 #
Proposal for a directive
Recital 104
Recital 104
(104) Regulatory authorities should promote, in close cooperation with the Agency for the Cooperation of Energy Regulators (ACER), established by Regulation (EC) No 713/2009 of the European Parliament and of the Council15 , an open, competitive, an open, socially fair, non discriminatory, secure and environmentally sustainable internal market in hydrogen with unhindered cross- border flows. Regulatory authorities need to be able to take decisions in relation to all relevant regulatory issues if the internal market in hydrogen is to function properly. _________________ 15 See page 1 of this Official Journal.
Amendment 248 #
Proposal for a directive
Recital 108
Recital 108
(108) The regulatory authorities and ACER should provide information on the hydrogen market to ensure transparency, including aspects such as supply and demand, transport infrastructure, quality of service, cross-border trade, investments, wholesale and consumer prices, or market liquidity.
Amendment 250 #
Proposal for a directive
Recital 108 a (new)
Recital 108 a (new)
(108 a) Member States should introduce network development plans for distribution systems in order to support the regulatory authority in determining the need for expansion, upgrades or decommissioning of the network. Such plans should be prepared following a process that is transparent and open to public consultation on the assumptions underpinning the plan and on the draft plan. The final plans should be made publicly available. The plans should be based on realistic and objective data on the foreseen demand and supply of gases and contribute to the achievement of the Union’s energy and climate targets. The network development plans for distribution systems should promote the energy efficiency first principle and energy system integration, and take into account the increased interlinkages between gas, electricity and heat networks as well as local heating and cooling plans.
Amendment 251 #
Proposal for a directive
Recital 109
Recital 109
(109) Transmission system operators play an important role in ensuring cost effective investments in gas networks and that the Union’s climate and energy targets are met. For an optimised planning across energy carriers and to bridge the gap between the diverse national and EU-wide network planning approaches, additional requirements for consistent planning are introduced. The network planning should also take account of the increased interlinkages between natural gas and electricity, as well as hydrogen. Network planning must also promote transparency and public participation and be based on objective and scientific criteria. To that effect, transmission system operators should involve the public and independent scientific bodies (such as the European Scientific Advisory Board on Climate Change, established under Regulation (EU) 2021/1119) in network planning development. The network development plan should promote the energy efficiency first principle and energy system integration, and contribute to the prudent and rational utilisation of natural resources and the achievement of the Union’s climate and energy targets.
Amendment 255 #
Proposal for a directive
Recital 110
Recital 110
(110) When developing the network development plan, it is important that infrastructure 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, the prioritisation of demand-side solutions whenever they are more cost-effective than investments in infrastructure, and the direct electrification of end-use sectors.
Amendment 274 #
Proposal for a directive
Recital 119
Recital 119
Amendment 278 #
Proposal for a directive
Recital 121
Recital 121
(121) Natural gas is mainly, and increasingly, imported into the Union from third countries. Union law should take account of the characteristics of natural gas, such as certain structural rigidities arising from the concentration of suppliers, the long-term contracts or the lack of downstream liquidity. Therefore, more transparency is needed, includingespecially in regard to the formation of prices, both wholesale and consumer ones.
Amendment 282 #
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 204935. 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 283 #
Proposal for a directive
Recital 127
Recital 127
(127) Respect for the public service requirements is a fundamental requirement of this Directive, and it is important that common minimum standards, respected by all Member States, are specified in this Directive, which take into account the objectives of common protection, tackling energy poverty, price monitoring, security of supply, environmental protection and equivalent levels of competition in all Member States. It is important that the public service requirements can be interpreted on a national basis, taking into account national circumstances and subject to the respect of Union law.
Amendment 284 #
Proposal for a directive
Recital 132
Recital 132
(132) In order to contribute to security of supply whilst maintaining a spirit of solidarity between Member States, notably in the event of an energy supply crisis, it is important to provide for a framework for regional cooperation in a spirit of solidarity. Such cooperation may rely, if Member States so decide, first and foremost on market-based mechanisms. Cooperation for the promotion of regional and bilateral solidarity should not impose a disproportionate burden on or discriminate between market participants.
Amendment 285 #
Proposal for a directive
Recital 137
Recital 137
(137) The regulatory authorities should also provide information on the market to permit the Commission to exercise its role of observing and monitoring the internal market in natural gas and its short, medium and long-term evolution, including aspects such as supply and demand, transmission and distribution infrastructure, quality of service, cross-border trade, congestion management, investments, wholesale and consumer prices, market liquidity and environmental and efficiency improvements. Regulatory authorities should report to the competition authorities and the Commission those Member States in which prices impair competition and proper functioning of the marketnegatively affect consumers.
Amendment 287 #
Proposal for a directive
Recital 143
Recital 143
(143) In order to provide the minimum degree of harmonisation required to achieve the aim of this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of non-essential elements of certain specific areas which are fundamental for achieving the objectives of this Directive. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level and with the public, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making20 . In particular, to ensure equal participation in the preparation of delegated acts, the public, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts and the public systematically have access to meetings of Commission expert groups dealing with the preparation of the delegated acts. _________________ 20 OJ L 123, 12.5.2016, p. 1The Commission should also ensure that the public has access to all documents and other information submitted to the Commission in connection with its adoption of the delegated act.
Amendment 295 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive establishes rules for the transport, supply and storage of natural gas and the transition of the natural gas system to an integrated system based on renewable and low-carbonthe energy efficiency first principle and incorporating renewable gases.
Amendment 302 #
Proposal for a directive
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4 a. The rules established by this Directive shall promote the energy efficiency first principle, further energy system integration, contribute to the prudent and rational utilisation of natural resources, contribute to the achievement of the Union’s climate and energy targets, and enables the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030, compared to2015.
Amendment 318 #
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)produced from waste and residue feedstocks, as defined in Annex 9A of Directive (EU)2018/2001, except for stemwood, including biomethane, and renewable gaseous fuels part of fuels of non-biological origins (‘RFNBOs’) as defined in Article 2, point (36) of that Directive’;
Amendment 336 #
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘non-renewable 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 780% compared to the fossil fuel comparator 94g CO2eq/MJset out in Directive (EU) 2018/2001, Annex V.C.19;
Amendment 342 #
Proposal for a directive
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘"non-renewable low-carbon gas’ means the part of gaseous fuels in recycled carbon fuels as defined in Article 2, point (35) of Directive (EU) 2018/2001,non-renewable low-carbon hydrogen and synthetic gaseous fuels the energy content of which is derived from non-renewable low-carbon hydrogen, which meet the greenhouse gas emission reduction threshold of 780% compared to the fossil fuel comparator 94g CO2eq/MJ set out in Directive (EU) 2018/2001, Annex V.C.19.
Amendment 350 #
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"non-renewable low-carbon fuels’ means non-renewable hydrogen and synthetic gaseous and liquid fuels the energy content of which is derived from non-renewable low-carbon hydrogen, which meet the greenhouse gas emission reduction threshold of 780% compared to the fossil fuel comparator 94g CO2eq/MJ set out in Directive (EU) 2018/2001, Annex V.C.19.
Amendment 380 #
Amendment 394 #
Proposal for a directive
Article 2 – paragraph 1 – point 71 a (new)
Article 2 – paragraph 1 – point 71 a (new)
(71 a) ‘energy efficiency first’ means ‘energy efficiency first’ as defined in Regulation (EU) 2018/1999, Article 2, point 18, in Directive ... [Energy Efficiency Directive] and in Commission Recommendation of 28 September 2021 on Energy Efficiency First: from principles to practice: Guidelines and examples for its implementation in decision-making in the energy sector and beyond..
Amendment 398 #
Proposal for a directive
Article 2 – paragraph 1 – point 71 b (new)
Article 2 – paragraph 1 – point 71 b (new)
(71 b) energy system integration’ has the meaning given to it in the Commission Communication of 8 July 2020 on Powering aclimate-neutral economy: An EU Strategy for Energy System Integration, COM (2020) 299 final and the European Parliament resolution of 19 May 2021 on a European strategy for energy system integration (2020/2241(INI).
Amendment 403 #
Proposal for a directive
Article 2 – paragraph 1 – point 71 c (new)
Article 2 – paragraph 1 – point 71 c (new)
(71 c) ‘Union climate and energy targets’ means those targets and enforceable obligations set forth in Regulation (EU)2021/1119, Regulation (EU) 2018/1999, [Commission proposal to revise the EED], [Commission proposal to revise the EPBD]and [Commission proposal to revise the RED].
Amendment 409 #
Proposal for a directive
Article 2 – paragraph 1 – point 71 d (new)
Article 2 – paragraph 1 – point 71 d (new)
(71 d) ‘public’ means public as defined in Regulation (EC) No 1367/2006, Article 2, point (b) .
Amendment 430 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, Member States mayshall apply public interventions in the price setting for the supply of natural gas to energy poor or vulnerable household customers. Such public interventions shall be subject to the conditions set out in paragraphs 4 and 5.
Amendment 437 #
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. For the purpose of a transition period to establish effective competition for natural gas supply contracts between suppliers, and to achieve fully effective market-basedaffordable retail pricing of gas in accordance with paragraph 1, Member States may apply public interventions in the price setting for the supply of natural gas to household customers and to microenterprises that do not benefit from public interventions pursuant to paragraph 3.
Amendment 439 #
Proposal for a directive
Article 4 – paragraph 7 – point d
Article 4 – paragraph 7 – point d
Amendment 455 #
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5 a. Any public service obligation or measure imposed or adopted pursuant to this Article shall also promote the energy efficiency first principle, further energy system integration, contribute to the prudent and rational utilisation of natural resources, contribute to achieving the Union’s climate and energy targets and the Member State’s national energy and climate plan and long-term strategy adopted under Regulation (EU) 2018/1999, and enable the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030,compared to 2015.
Amendment 459 #
Proposal for a directive
Article 5 – paragraph 5 b (new)
Article 5 – paragraph 5 b (new)
5 b. Member States shall notify the public of their intent to impose a public service obligation or adopt a measure as contemplated by this Article early, when all options are still open. Such notice shall explain: a. the objectives to be served by the public service obligation or measure, b. why the public service obligation or measure is necessary to achieve the stated objectives c. how the public service obligation or measure contributes to achieving the Union’s climate and energy targets and the Member State’s national energy and climate plan and long-term strategy adopted under Regulation (EU) 2018/1999, and enable the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030, compared to 2015, d. the possible effect of the public service obligation or measure on national and international competition, ande. whether the public service obligation or measure requires a derogation from the provisions of this Directive
Amendment 461 #
Proposal for a directive
Article 5 – paragraph 5 c (new)
Article 5 – paragraph 5 c (new)
Amendment 472 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where Member States have a system of authorisation, they shall lay down objective and non-discriminatory criteria, and transparent procedures requiring public participation and the publication of information, which shall be met when by an undertaking applyingies for an authorisation to supply gases or to construct and/or operate natural gas facilities , hydrogen production facilities or hydrogen system infrastructure . The non- discriminatory criteria and procedures for the granting of authorisations shall be made public. Such criteria shall also contribute to the prudent and rational utilisation of natural resources, promote energy system integration and the energy efficiency first principle, and contribute to achieving the Union’s climate and energy targets and the Member State’s national energy and climate plan and long-term strategy adopted under Regulation (EU) 2018/1999. Member States shall ensure that authorisation procedures for such facilities, infrastructure, pipelines and associated equipment take into account the importance of the project for the internal market for gases where appropriate.
Amendment 493 #
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 non-renewable low -carbon fuels and low non-renewable low-carbon hydrogen are at least 70%80% compared to the fossil fuel comparator 94g CO2eq/MJ set out in Directive (EU) 2018/2001, Annex V.C.19 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 500 #
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 780% greenhouse gas emissions savings threshold compared to the fossil fuel comparator 94g CO2eq/MJ set out in Directive(EU) 2018/2001, Annex V.C.19 set in paragraph 2 and with the greenhouse gas emissions saving methodology referred to in paragraph 5, and that economic operators make publicly 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 507 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The obligations laid down in paragraph 2 shall apply regardless of whether low non-renewable low-carbon fuels are produced within the Union or are imported. Information about the geographic origin and feedstock type of non-renewable low -carbon fuels or low non- renewable low-carbon hydrogen per fuel supplier shall be made available to consumers on the websites of operators, suppliers or the relevant competent authorities and shall be updated on an annual basis.
Amendment 518 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. By 31 December 2024, the Commission shall adopt delegated acts in accordance with Article 83 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from non renewable low carbon fuels. The methodology shall ensure that credit for avoided emissions is not given for carbon dioxide the capture of which has already received an emission credit under other provisions of law.
Amendment 520 #
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 521 #
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 524 #
Proposal for a directive
Article 8 – paragraph 9 – introductory part
Article 8 – paragraph 9 – introductory part
9. At the request of a Member State, which may be based on the request of an economic operator, the Commission shall, on the basis of all available evidence, examine whether the greenhouse gas emissions saving criteria laid down in this Article, the methodology developed in line with paragraph 5 of this Article,for non- renewable low-carbon fuels; or (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 80% greenhouse gas emissions savings thresholds set in Article 2, points (9) and (10) have been met. Within six months of receipt of such a request, the Commission shall decide whether the Member State concerned may: compared to the fossil fuel comparator 94g CO2eq/MJ set out in Directive (EU) 2018/2001, Annex V.C.19.
Amendment 532 #
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 non renewable low carbon fuels in line with the requirements established in Article 28 of Directive (EU) 2018/2001.
Amendment 559 #
Proposal for a directive
Article 14
Article 14
Amendment 654 #
Proposal for a directive
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 705 #
Proposal for a directive
Article 39 – paragraph 1
Article 39 – paragraph 1
Following a transparent procedure, Member States shall designate, or shall require undertakings which own or are responsible for distribution systems to designate, for a period of time to be determined by Member States, having regard to considerations of efficiency and economic balance, one or more distribution system operators and shall ensure that those operators act in accordance with Articles 40, 42 and 43. The period of time shall not exceed 10 years.
Amendment 742 #
Proposal for a directive
Article 46 – paragraph 3 a (new)
Article 46 – paragraph 3 a (new)
3 a. Hydrogen network operators should be required to ensure stable hydrogen quality at the exit point.
Amendment 769 #
Proposal for a directive
Article 51 – paragraph 1
Article 51 – paragraph 1
1. At least every two years , all transmission system operators shall submit to the relevant regulatory authority a ten- year network development plan based on existing and forecast supply and demand after having consulted the public and all relevant stakeholders. There shall be at least one single network development plan per Member State. 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. That network development plan shall contain efficient measures in order to promote energy system integration and the energy efficiency first principle, and it shall guarantee the adequacy of the natural gas system and the security of supply , in particular the compliance with the infrastructure standards under Regulation (EU) 2017/1938. The ten-year network development plan, and the information which the transmission system operator considered in developing the ten-year network development plan, shall be published and accessible on a website .
Amendment 782 #
Proposal for a directive
Article 51 – paragraph 2 – point a
Article 51 – paragraph 2 – point a
(a) cContain the main infrastructure that needs to be built or upgraded over the next ten years, consistent with the energy efficiency first principle;
Amendment 784 #
Proposal for a directive
Article 51 – paragraph 2 – point b
Article 51 – paragraph 2 – point b
(b) contain all the investments and demand-side solutions not requiring new infrastructure investments already decided, and identify new investments and demand-side solutions not requiring new infrastructure investments which have to be executed in the next three years;
Amendment 791 #
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; and, consistent with the energy efficiency first principle;
Amendment 800 #
Proposal for a directive
Article 51 – paragraph 2 – point d
Article 51 – paragraph 2 – point d
(d) provide for a time frame for all investment and decommissioning projects and all demand-side solutions not requiring new infrastructure investments;
Amendment 806 #
Proposal for a directive
Article 51 – paragraph 2 – point e
Article 51 – paragraph 2 – point e
(e) be based on a joint scenario framework developeincorporating reasonable assumptions for the evolution of production, consumption and trade, and developed with input from all relevant stakeholders and between the relevant infrastructure operators, including relevant distribution system operators, of at least gas, hydrogen and electricity;
Amendment 811 #
Proposal for a directive
Article 51 – paragraph 2 – point g
Article 51 – paragraph 2 – point g
(g) be in line withcontribute to achieving the integrated national energy and climate plan and its updates, and with the integrated national energy climate reports and long- term strategies submitted in accordance with Regulation (EU) 2018/1999, and support the GHG emissions reductions and climate- neutrality objectives set out in Articles 2(1)and 4(1), of Regulation (EU) 2021/1119.
Amendment 816 #
3. When elaborating the ten-year network development plan, the transmission system operator shall fully take into account the potential for alternatives to system expansion, for instance the use of demand response, as well as 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 shall assess how to address, where possible, a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets Consistent with the energy efficiency first principle and energy system integration, the transmission system operator shall prioritise alternatives to system expansion and new infrastructure investment if such alternatives will more efficiently achieve the objectives to be met. The transmission system operator shall assess how to address, where possible, a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets. All infrastructure investments, decommissioning projects and demand-side solutions not requiring new infrastructure investments which are identified in the ten-year network development plan shall be supported by a cost-benefit analysis consistent with the methodologies set forth in Article 11 of [the revised TEN-E Regulation].
Amendment 828 #
Proposal for a directive
Article 51 – paragraph 4
Article 51 – paragraph 4
4. The regulatory authority shall consult all actual or potential system users, all relevant stakeholders, and the public, on the ten-year network development plan in an open and transparent manner. Persons or undertakings claiming to be potential system users may be required to substantiate such claims. The regulatory authority shall publish the result of the consultation process, in particularcluding possible needs for investments, decommissioning of assets and demand-side solutions not requiring new infrastructure investments.
Amendment 830 #
Proposal for a directive
Article 51 – paragraph 5 – introductory part
Article 51 – paragraph 5 – introductory part
5. The regulatory authority shall examine and publish a decision as to whether the ten-year network development plan covers all investment needs identified during the consultation process, whether it promotes energy system integration and the energy efficiency first principle, and whether it is consistent with the most recent Union wide simulation of disruption scenarios carried out by the ENTSO for Gas under Article 7 of Regulation (EU) 2017/1938, with the regional and national risk assessments and the non-binding Union -wide ten-year network development plan ( Union -wide network development plan) referred to in Article 30(1), point (b), of Regulation (EU) 2019/943 . If any doubt arises as to the consistency with the Union - wide network development plan, the regulatory authority shall consult ACER . The regulatory authority may require the transmission system operator to amend its ten-year network development planshall require the transmission system operator to amend its ten-year network development plan to resolve any identified inconsistencies with the considerations set forth in this paragraph. The competent national authorities shall examine and publish a report regarding the consistency of the ten-year network development plan with the national energy and climate plan and its updates, with the integrated national energy climate reports and long-term strategies submitted in accordance with Regulation (EU) 2018/1999, the Union's climate and energy targets and the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030, compared to 2015. The report shall be reviewed by the European Scientific Advisory Board on Climate Change, which shall have the authority to approve or amend the report. The transmission system operator shall amend its ten-year network development plan to resolve inconsistencies identified in the report, including as approved or amended.
Amendment 855 #
Proposal for a directive
Article 51 – paragraph 8 a (new)
Article 51 – paragraph 8 a (new)
Amendment 856 #
Proposal for a directive
Article 51 a (new)
Article 51 a (new)
Amendment 865 #
Proposal for a directive
Article 52 – paragraph 1 – introductory part
Article 52 – paragraph 1 – introductory part
1. Hydrogen network operators shall submit to the regulatory authority and publish, at regular intervals as determined by that authority, an overview of the hydrogen network infrastructure they aim to develop. That overview shall in particular:
Amendment 876 #
Proposal for a directive
Article 52 – paragraph 1 – point c
Article 52 – paragraph 1 – point c
(c) promote energy system integration and the energy efficiency first principle, be in line with the integrated national energy and climate plan and its updates, and with the integrated national energy and climate reports and long-term strategies submitted in accordance with Regulation (EU) 2018/1999 and support the emissions reduction and climate- neutrality objectives set out in Articles 2(1) and 4(1) of Regulation (EU) 2021/1119.; and
Amendment 877 #
Proposal for a directive
Article 52 – paragraph 1 – point c a (new)
Article 52 – paragraph 1 – point c a (new)
(c a) set forth forecasted supply and demand for hydrogen, identifying specifically forecasts for renewable hydrogen and for priority sectors only, notably in energy-intensive industry, sustainable aviation fuels, and shipping fuels where alternatives to direct electrification are not yet pursuable.
Amendment 944 #
Proposal for a directive
Article 63 – paragraph 1
Article 63 – paragraph 1
Amendment 974 #
Proposal for a directive
Article 72 – paragraph 1 – point d
Article 72 – paragraph 1 – point d
(d) ensuring compliance of transmission system operators and distribution system operators, and where relevant, system owners, hydrogen network operators as well as of any natural gas and hydrogen undertakings and other market participants, including citizen energy communities , with their obligations under this Directive , [the recast Gas Regulation as proposed in COM(2021) xxx],the network codes and guidelines adopted pursuant Article 52 and 53 of Gas Regulation, Regulation (EU) 2017/1938 and other relevant Union legislation, including as regards cross-border issues , as well as ACER’s decisions ; and ensuring that the actions and operations of the foregoing entities promote the energy efficiency first principle and energy system integration, contribute to the prudent and rational utilisation of natural resources, contribute to the achievement of the Union’s climate and energy targets and enabling the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030,compared to 2015.
Amendment 1004 #
Proposal for a directive
Article 72 – paragraph 1 – point ii
Article 72 – paragraph 1 – point ii
(ii) monitoring the removal of unjustified obstacles to and restrictions on the development of consumption of self- generated renewable natural gas and citizen energy communities.
Amendment 1006 #
Proposal for a directive
Article 72 – paragraph 1 – point ii a (new)
Article 72 – paragraph 1 – point ii a (new)
(ii a) ensuring that all decision-making processes are independent, transparent, provide for public participation, ensure accountability, and are based on objective and scientific criteria
Amendment 1016 #
Proposal for a directive
Article 83 – paragraph 4
Article 83 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult all relevant stakeholders, the public and experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. and in accordance with paragraph 8 of this Article. The Commission shall also receive an independent opinion from the European Scientific Advisory Board on Climate Change as to whether the delegated act contributes to achieving the Union’s energy and climate targets.
Amendment 1021 #
Proposal for a directive
Article 83 – paragraph 6 a (new)
Article 83 – paragraph 6 a (new)
6 a. Any delegated act adopted under this Directive shall: a. contribute to achieving the Union’s climate and energy targets; b. promote the energy efficiency first principle; c. contribute to the prudent and rational utilisation of natural resources; d. further energy system integration; and enable the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030, compared to 2015.
Amendment 1022 #
Proposal for a directive
Article 83 – paragraph 6 b (new)
Article 83 – paragraph 6 b (new)