Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ITRE | GEIER Jens ( S&D) | BUZEK Jerzy ( EPP), GAMON Claudia ( Renew), CORRAO Ignazio ( Verts/ALE), TOBISZOWSKI Grzegorz ( ECR), MARIANI Thierry ( ID), ERNST Cornelia ( GUE/NGL) |
Committee Opinion | BUDG | ||
Committee Opinion | ECON | ||
Committee Opinion | ENVI | ||
Committee Opinion | IMCO | GRAPINI Maria ( S&D) | |
Committee Opinion | AGRI | LINS Norbert ( EPP) | |
Committee Opinion | LIBE | ||
Committee Recast Technique Opinion | JURI | AUBRY Manon ( GUE/NGL) |
Lead committee dossier:
Legal Basis:
RoP 113, RoP 57_o, TFEU 194-p2
Legal Basis:
RoP 113, RoP 57_o, TFEU 194-p2Subjects
Events
The European Parliament adopted by 425 votes to 64, with 100 abstentions, a legislative resolution 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).
The position adopted by the European Parliament at first reading under the ordinary legislative procedure amends the proposal as follows:
Subject matter
The proposed directive establishes a common framework for the decarbonisation of the markets for natural gas and hydrogen . It aims to facilitate the penetration of renewable gas and low-carbon gas and hydrogen into the energy system, enabling a shift away from fossil gas, and to allow renewable gas and low-carbon gas and hydrogen to play an important role in achieving the Union’s 2030 climate objectives and climate-neutrality by 2050.
The directive also establishes common rules for the transmission, distribution, supply and storage of natural gas through the natural gas system, as well as consumer protection provisions, with a view to creating an integrated, competitive and transparent market for natural gas in the Union.
Competitive, customer-centred, flexible and non-discriminatory markets for natural gas and hydrogen
Members stressed that Member States should ensure a customer-centred and energy efficient approach in the market for hydrogen. The use of hydrogen should be targeted for customers in hard-to-decarbonise sectors with a high greenhouse gas abatement potential where no more energy and cost-efficient options are available.
Market-based supply prices
Suppliers should be free to determine the price at which they supply natural gas and hydrogen to customers. Member States should take appropriate actions to ensure effective competition between suppliers and to ensure reasonable prices for the final customers.
Prior to the removal of public interventions in the price setting for the supply of natural gas, Member States should ensure adequate support measures for customers affected by energy poverty and vulnerable household customers .
Access to affordable energy during a natural gas price crisis
The Council may, acting on a proposal from the Commission, by means of an implementing decision, declare a regional or Union-wide natural gas price crisis , if the following conditions are met: (a) the existence of very high average prices in wholesale natural gas markets of at least two-and-a-half times the average price during the previous five years, and at least 180 EUR/MWh, which is expected to continue for at least six months; (b) sharp increases in natural gas retail prices in the range of 70 % occur which are expected to continue for at least three months.
The declaration of a regional or Union-wide natural gas price crisis should ensure a fair competition and trade across all Member States affected by the implementing decision so that the internal market is not unduly distorted.
Where the Council has adopted an implementing decision, Member States may, for the duration of the validity of that decision, apply temporary targeted public interventions in price setting for the supply of natural gas to small and medium-sized enterprises (SMEs), household customers and essential social services.
Consumer empowerment and protection and retail markets
Final customers should have the right to purchase natural gas and hydrogen from the supplier of their choice, subject to the supplier's agreement, irrespective of the Member State in which the supplier is registered, provided that the supplier complies with the applicable rules on transactions, balancing and security of supply. They should also have the right to change supplier.
Where the disconnection of network users is allowed , Member States should ensure that: (a) the network users concerned and other relevant stakeholders, in particular consumer bodies, have been consulted; (b) network users, final customers and relevant stakeholders are informed sufficiently in advance of the planned date, the procedure for disconnection, the steps planned and the relevant timeline; (c) final customers receive information on and have access to sufficient advice on sustainable heating options ; (d) specific needs of vulnerable customers and customers affected by energy poverty are duly taken into account.
Smart metering systems
Member States deploying intelligent metering systems in the natural gas system should ensure the provision of clear and understandable information and advice to customers on the benefits of smart metering, following consultation with consumer organisations. Member States deploying intelligent metering systems in the hydrogen system should ensure that final customers contribute to the costs of deployment in a transparent and non-discriminatory manner.
Protection from disconnection
Member State should take measures to prevent the disconnection of vulnerable customers and customers affected by energy poverty. Member States should establish a supplier of last resort regime or take equivalent measures to ensure continuity of supply at least for household customers.
Transparency
In order to ensure transparency with regard to the costs and financing of regulated activities, activities of hydrogen transmission network operation should be separated from other network operation activities for other energy carriers at least in relation to the legal form and accounts of network operators. For the purpose of legal unbundling of hydrogen transmission network operators, the creation of a subsidiary or a separate legal entity within the group structure of the natural gas transmission or distribution system operator should be considered to be sufficient, without the need for a functional unbundling of governance or separation of management or staff.
Network decommissioning plans for distribution system operators
Distribution system operators develop network decommissioning plans where a reduction in natural gas demand requiring the decommissioning of natural gas distribution networks or parts of such networks is expected. Distribution network development plans and natural gas decommissioning plans should promote energy efficiency and energy system integration, taking into account local heating and cooling plans.
Member States should provide an enabling regulatory framework for biomethane production facilities in relation to connection fees and costs resulting from their connection to the transmission or distribution networks.
The Committee on Industry, Research and Energy adopted the report by Jens GEIER (S&D, DE) 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).
As a reminder, in line with the REpowerEU targets, by the end of 2030, Member States should ensure collectively at least 35 billion cubic meters of sustainable biomethane. This would be produced and injected into the natural gas system, annually, with the aim of replacing 20% of Russian natural gas imports with a sustainable, cheaper and locally produced alternative.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Subject matter and scope
This Directive establishes a common framework for the decarbonisation of the gas market. To that end, it promotes the energy efficiency first principle, the integration of renewable gas and further energy system integration, contributes to the prudent and rational use of natural resources and to the achievement of the Union’s climate and energy targets, and provides for fair attributions of costs and benefits as well as for a clear identification of responsibilities among market participants.
It also establishes:
- common rules for the transmission, distribution, supply and storage of gas using the natural gas and hydrogen system, and consumer protection provisions, with a view to creating a truly integrated, competitive, consumer-centred, flexible, fair, transparent and non-discriminatory gas market in the Union;
- rules for the transport, supply and storage of natural gas and the transition, including decommissioning and repurposing, of the natural gas system towards an integrated highly efficient system based on renewable gas and low-carbon gas where no more energy or cost-efficient alternatives are available;
- common rules for the transport, supply and storage of hydrogen using the hydrogen system;
- establishes rules for the progressive establishment of a Union-wide interconnected hydrogen system contributing to the long-term flexibility of the electricity system and to the reduction of net greenhouse gas emissions of difficult to decarbonise sectors where no more energy or cost-efficient alternatives are available with the highest greenhouse gas abatement potential per tonne of hydrogen used and thereby supporting to the decarbonisation of the Union energy system.
Decarbonising the gas market
The integration of biomethane in the natural gas system delivers on the EU’s 2030 and 2050 climate targets. Therefore, grid connection requests of renewable gas production should be assessed in reasonable time limits and permitting procedures should not hampered by the lack of administrative capacities. In addition, connection requests for renewable gases may be prioritised over connection requests for natural and low carbon gases.
Prioritising the use of hydrogen for industrial customers
According to the report, hydrogen should be prioritised in sectors that are hard to decarbonise in order to support the European industry’s transformation and save greenhouse gas emissions.
Integrated hydrogen networks
Members stressed that hydrogen corridors as identified in the REPowerEU Plan should be supported by the corresponding dedicated hydrogen infrastructure, including hydrogen networks, hydrogen storage and hydrogen import terminals in order to meet the REPowerEU Plan targets for hydrogen production and imports by 2030.
ENTSOG
Members proposed to reform the European Network of Transmission System Operators for Gas (ENTSOG) to also cover Hydrogen Network Operators. The new ENTSOG&H would therefore also be responsible for the EU ten-year network development plan for gas and hydrogen networks .
Fair tariffs and trading
The report noted that unlike in the electricity sector, natural gas consumer should be protected from rising tariffs when natural gas assets have to be depreciated, from cross subsidisation between gas and hydrogen users and rising gas tariffs with a shrinking customer base. The role of gaseous fuels for heating or cooling in buildings will decline in the future due to renewable alternatives, in particular electrification, district heating or thermal renewable energy.
The committee proposed that Member States should ensure that liquid trading for gas is subject to transparency obligations, in particular with regard to commercial contracts, and adequate price building mechanisms.
Member States should also ensure that household customers and, where Member States consider it to be appropriate, small enterprises, enjoy the right to be supplied with gas of a specified quality at clearly comparable, transparent and competitive prices.
Fuel switching
The report stressed that switching from gas to other renewable technologies is usually not as easy due to the lock-in effect related to the underpinning infrastructure. Mandatory fuel switches should be accompanied by measures that remove adverse effects on final customers, in particular vulnerable customers and people affected by or at risk of energy poverty, as well as measures that mitigate and resolve inequalities resulting from the energy transition.
Phasing out fossil gas
Members States should ensure the phase-out of fossil gas as soon as possible, taking into account the availability of alternatives. Member States may decide on an earlier end-date for the duration of long-term contracts for unabated fossil gas before the end of 2049.
Local heating and cooling plans
Member States should ensure that their regional and local authorities prepare local heating and cooling plans at least in municipalities having a total population of at least 35 000.
Consumer protection and empowerment
The report includes the concept of vulnerable consumers and energy poverty as well as a broader definition of energy security that reflects current challenges and requirements of energy system integration. Furthermore, smart meters systems in the natural gas system should only be deployed after a positive cost-benefit assessment. The provisions of smart meters systems in the hydrogen systems should only apply to industrial customers.
PURPOSE: to lay down common rules for the internal markets in renewable and natural gases and in hydrogen.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the European Green Deal puts the EU on a path to climate neutrality by 2050, which requires significantly higher shares of renewable energy sources in an integrated energy system. Currently, natural gas represents 95% of the gaseous fuels consumed in the EU and accounts for 25% of the EU’s total energy consumption. While the share of natural gas will decrease progressively, biomethane, synthetic methane and hydrogen are expected to become more relevant. However, these alternatives to natural gas face a number of regulatory barriers and are not covered by current energy security arrangements.
The present initiative, as well as the proposed recast regulation on the internal markets for renewable and natural gases and for hydrogen, aim to revise existing EU legislation and create a new framework for an internal hydrogen market to achieve a cost efficient clean hydrogen economy. In particular, it seeks to facilitate the penetration of renewable and low-carbon gases into the energy system, enabling a shift from natural gas and to allow for these new gases to play their needed role towards the goal of EU climate neutrality in 2050.
CONTENT: the proposed directive establishes common rules for the transmission, distribution, supply and storage of gases using the natural gas system. It lays down the rules relating to the organisation and functioning of that sector, access to the market, the criteria and procedures applicable to the granting of authorisations for transmission, distribution, supply and storage of gases using the natural gas system and the operation of systems. Moreover, it establishes rules for the progressive establishment of a Union-wide interconnected hydrogen system.
Customer engagement
For new gases to play a full role in the energy transition, the retail market rules should empower customers to make renewable and low carbon choices. Moreover, to be able to make sustainable energy choices, customers need sufficient information on their energy consumption and origin, as well as efficient tools to participate in the market. With this in mind, the proposal lays down the rights for the consumer such as basic contractual rights, switching rights and fees, and rules on comparison tools, active customers, and citizen energy communities. It also contains provisions on billing, smart and conventional metering, and data management.
It also contains provisions on single points of contact, right to out-of-court dispute settlement, vulnerable customers, and retail markets.
Hydrogen infrastructure and hydrogen markets
The current regulatory framework for gaseous energy carriers does not address the deployment of hydrogen as an independent energy carrier via dedicated hydrogen networks. The creation of a regulatory framework at EU-level for dedicated hydrogen networks and markets would foster the integration and interconnection of national hydrogen markets and networks. Barriers also exist for the development of a cost-effective, cross-border hydrogen infrastructure and competitive hydrogen market, a prerequisite for the uptake of hydrogen production and consumption. The present proposal seeks to address all of these deficiencies.
Renewable and low-carbon gases in the existing gas infrastructure and markets
The new rules intend to facilitate the access of renewable and low-carbon gases to the existing gas grid, by removing tariffs for cross-border interconnections and lowering tariffs at injection points. They also create a certification system for low-carbon gases. This will ensure a level playing field in assessing the full greenhouse gas emissions footprint of different gases and allow Member States to effectively compare and consider them in their energy mix.
Network planning
The proposal foresees that the national network development plans should be based on a joint scenario for electricity, gas and hydrogen. It should be aligned with National Energy and Climate Plans, as well as EU-wide ten-year network development plan. Gas network operators have to include information on infrastructure that can be decommissioned or repurposed, and there will be separate hydrogen network development reporting to ensure that the construction of the hydrogen system is based on a realistic demand projection.
Unbundling of distribution system operators
The proposed directive sets out measures concerning the designation of distribution system operators, their tasks, the decision-making powers regarding the connection of the new production facilities for renewable and low-carbon gases to the distribution system, the unbundling of distribution system operators, the confidentiality obligations of distribution system operators, provisions on closed distribution systems, and combined operator.
Security of supply and storage
To contribute to a timely response to energy crises at EU level, this proposal includes specific measures to improve cooperation and resilience, notably to ensure a more effective and coordinated use storage and operational solidarity arrangements. The measures are targeted to reinforce the resilience of the EU energy system against future shocks in a timely manner.
The measures proposed require Member States to explicitly make storages part of their security of supply risks assessments at regional level . The proposal also enables voluntary joint procurement by Member States to have strategic stocks, in line with the EU competition rules.
Lastly, measures are also introduced to improve the transparency and access to storages, address cybersecurity risks of gas and facilitate bilateral solidarity arrangements between Member States in case of crisis.
Documents
- Draft final act: 00104/2023/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading: T9-0283/2024
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE757.967
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000009
- Text agreed during interinstitutional negotiations: PE757.967
- Committee report tabled for plenary, 1st reading: A9-0035/2023
- Specific opinion: PE742.395
- Opinion on the recast technique: PE740.526
- Committee opinion: PE732.596
- Committee of the Regions: opinion: CDR1522/2022
- Contribution: COM(2021)0803
- Amendments tabled in committee: PE735.428
- Amendments tabled in committee: PE735.429
- Amendments tabled in committee: PE735.430
- Amendments tabled in committee: PE735.492
- Committee draft report: PE732.908
- Specific opinion: PE719.662
- Economic and Social Committee: opinion, report: CES6401/2021
- Document attached to the procedure: SWD(2021)0455
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0456
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0457
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0458
- Legislative proposal published: COM(2021)0803
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: SWD(2021)0455
- Document attached to the procedure: EUR-Lex SWD(2021)0456
- Document attached to the procedure: EUR-Lex SWD(2021)0457
- Document attached to the procedure: EUR-Lex SWD(2021)0458
- Economic and Social Committee: opinion, report: CES6401/2021
- Specific opinion: PE719.662
- Committee draft report: PE732.908
- Amendments tabled in committee: PE735.428
- Amendments tabled in committee: PE735.429
- Amendments tabled in committee: PE735.430
- Amendments tabled in committee: PE735.492
- Committee of the Regions: opinion: CDR1522/2022
- Committee opinion: PE732.596
- Opinion on the recast technique: PE740.526
- Specific opinion: PE742.395
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000009
- Text agreed during interinstitutional negotiations: PE757.967
- Draft final act: 00104/2023/LEX
- Contribution: COM(2021)0803
Votes
A9-0035/2023 – Jens Geier – Provisional agreement – Am 2 #
Amendments | Dossier |
1148 |
2021/0425(COD)
2022/06/30
IMCO
125 amendments...
Amendment 100 #
Proposal for a directive Recital 35 Amendment 101 #
Proposal for a directive Recital 36 Amendment 102 #
Proposal for a directive Recital 37 (37) Bills and billing information are an important means to inform and empower final customers. Energy bills remain the most common consumer concern and source of consumer complaints, a factor that contributes to the persistently low levels of consumer satisfaction and engagement in the gas sector. Provisions for billing information in the gas sector also lag behind rights granted to consumers in the electricity sector, therefore holding back the full potential of consumer engagement in the gas sector, particularly when it comes to renewable and low carbon gases. It is therefore necessary to align them and to set minimum requirements for bills and billing information in the gas sector, so that consumers have access to transparent, easy to understand information. Bills should convey information to the final consumers
Amendment 103 #
Proposal for a directive Recital 37 (37) Bills and billing information are an important means to inform and empower final customers. Energy bills remain the most common consumer concern and source of consumer complaints, a factor that contributes to the persistently low levels of consumer satisfaction and engagement in the gas sector. Provisions for billing information in the gas sector also lag behind rights granted to consumers in the electricity sector. It is therefore necessary to align them and to set minimum requirements for bills and billing information in the gas sector, so that consumers have access to transparent, complete, easy to understand information. Bills should convey information to the final consumers on their consumption and costs, as greenhouse gas emission intensity, type of energy, its share and quantity, thus facilitating comparison between offers and switching supplier, as well as information
Amendment 104 #
Proposal for a directive Recital 37 (37) Bills and billing information are an important means to inform and empower final customers. Energy bills remain the most common consumer concern and source of consumer complaints, a factor that contributes to the persistently low levels of consumer satisfaction and engagement in the gas sector. Provisions for billing information in the gas sector also lag behind rights granted to consumers in the electricity sector. It is therefore necessary to align them and to set minimum requirements for bills and billing information in the gas sector, so that consumers have access to transparent, easy to understand information. Bills should convey information to the final consumers on their consumption and costs, thus facilitating comparison between offers and switching supplier, as well as information on their consumer rights (such as on alternative dispute resolution) and source of purchased energy. In addition, bills should be a tool to actively engage consumers in the market, so that consumers can manage their consumption patterns and make greener choices.
Amendment 105 #
Proposal for a directive Recital 39 (39) A key aspect in supplying customers is access to objective and transparent consumption data. Thus, consumers should have access to their consumption data and associated prices and services costs so that they can invite competitors to make an offer based on that information . Consumers should also have the right to be properly informed about their energy consumption and should be able to readily access that information. Prepayments should not place a disproportionate disadvantage on their users, while different payment systems should be non-
Amendment 106 #
Proposal for a directive Recital 44 (44) Greater consumer protection is guaranteed by the availability of effective means of dispute settlement for all consumers. Member States should provide
Amendment 107 #
Proposal for a directive Recital 45 (45) Member States should 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. It has to be underlined that for the transitional period, fast decoupling from Russian energy imports can lead to higher and more volatile energy prices and therefore targeted measures are needed to minimize volatility, keep prices in check and protect the individuals in or at risk of energy poverty in order to ensure a fair transition for all. _________________ 9 Regulation (EU) 2018/1999 of the
Amendment 108 #
Proposal for a directive Recital 46 (46) Pursuant to Regulation (EU) 2018/1999 and Directive (EU) 2019/944 of the European Parliament and of the Council10 , the Commission provided indicative guidance11 on appropriate indicators for measuring energy poverty and defining a ‘significant number of households in energy poverty’. The Commission, together with Eurostat and Member States, should improve the comparability of datasets so that these become comparable across Member States within two years after the entry into force of this Directive. _________________ 10 Directive (EU) 2019/944 of the
Amendment 109 #
Proposal for a directive Article 1 – paragraph -1 (new) -1. This Directive establishes a common framework for the phase out of natural gas supply by 2035 and decommissioning of related infrastructure assets in line with the energy efficiency first principle and the obligations set out in the EU climate law (XXX/xx).
Amendment 110 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive establishes common rules for the transmission, distribution, supply and storage of gases within the meaning of Article 2, point (2) using the
Amendment 111 #
Proposal for a directive Article 2 – paragraph 1 – point 41 a (new) (41 a) ‘protected customer’ means protected customer as defined in point (5) of Article 2 of Regulation (EU) 2017/1938 of the European Parliament and of the Council;
Amendment 112 #
Proposal for a directive Article 2 – paragraph 1 – point 69 (69) ‘energy poverty’ means energy poverty as defined in point (
Amendment 113 #
Proposal for a directive Article 2 – paragraph 1 – point 70 Amendment 114 #
Proposal for a directive Article 2 – paragraph 1 – point 71 Amendment 115 #
Proposal for a directive Article 2 – paragraph 1 – point 71 (71) ‘active customer’ means a final natural gas customer, or a group of jointly acting final natural gas or hydrogen customers, who consumes or stores renewable gas
Amendment 116 #
Proposal for a directive Article 3 – paragraph 2 2. Member States shall ensure that their national law
Amendment 117 #
Proposal for a directive Article 4 – paragraph 2 2. Member States shall ensure the protection of energy poor and vulnerable
Amendment 118 #
Proposal for a directive Article 4 – paragraph 3 3. By way of derogation from paragraphs 1 and 2, Member States may apply public interventions in the price setting for the supply of natural gas to energy poor
Amendment 119 #
Proposal for a directive Article 4 – paragraph 3 3. By way of derogation from paragraphs 1 and 2, Member States may apply public interventions in the price setting for the supply of natural gas to energy poor or vulnerable
Amendment 120 #
Proposal for a directive Article 4 – paragraph 3 3. By way of derogation from paragraphs 1 and 2, Member States may apply public interventions in the price setting for the supply of
Amendment 121 #
Proposal for a directive Article 4 – paragraph 3 a (new) 3 a. When faced with crisis or other unprecedented circumstances leading to sudden price increase and destabilisation of the energy market, the subjects of intervention could be expanded beyond the protected customers in order to avoid significant, adverse impact on society and economy.
Amendment 122 #
Proposal for a directive Article 4 – paragraph 4 – introductory part 4. Public interventions in the price setting for the supply of
Amendment 123 #
Proposal for a directive Article 4 – paragraph 4 – point b (b) be clearly defined, transparent, non- discriminatory
Amendment 124 #
Proposal for a directive Article 8 – paragraph 4 4. The obligations laid down in paragraph 2 shall apply regardless of whether low carbon fuels are produced within the Union or are imported. Information about the geographic origin
Amendment 125 #
Proposal for a directive Article 8 – paragraph 4 4. The obligations laid down in paragraph 2 shall apply regardless of whether low carbon fuels are produced within the Union or are imported. Information about the geographic origin and feedstock type of low carbon fuels or low carbon hydrogen per fuel supplier shall be made available to consumers on their energy bills and websites of operators, suppliers or the relevant competent authorities and shall be updated on an annual basis.
Amendment 126 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall ensure that all final customers are entitled to have gases provided by a supplier, subject to the supplier's agreement, regardless of the Member State in which the supplier is registered, provided that the supplier is awarded by national regulatory authority where the gas is supplied with required authorisation in line with Article 7(2) and follows the applicable trading and balancing rules. In that regard, Member States shall take all measures necessary to ensure that administrative procedures do not discriminate against suppliers already
Amendment 127 #
Proposal for a directive Article 10 – paragraph 2 a (new) 2 a. Member States shall also take appropriate measures to ensure that network operators do not include any costs related to the repurposing of the current gas network to allow for blending with hydrogen or rolling out the hydrogen network in their gas or electricity network tariffs.
Amendment 128 #
Proposal for a directive Article 10 – paragraph 3 – point a (a) the identity and address of the supplier, contact details (address, phone number and email of customer service);
Amendment 129 #
Proposal for a directive Article 10 – paragraph 3 – point h (h) information relating to consumer rights, including clear and understandable information on complaint handling including how and where a complaint should be submitted and all the information referred to in this paragraph, clearly communicated on the bill or the hydrogen or natural gas undertaking's web site.
Amendment 130 #
Proposal for a directive Article 10 – paragraph 3 – subparagraph 1 Conditions shall be fair and well known in advance. In any case, the information shall be provided in consumer friendly and unambiguous language, prior to the conclusion or confirmation of the contract. Where contracts are concluded through intermediaries, the information referred to
Amendment 131 #
Proposal for a directive Article 10 – paragraph 3 – subparagraph 1 Conditions shall be fair and well known in advance. In any case, the clear and understandable information shall be provided prior to the conclusion or confirmation of the contract. Where contracts are concluded through intermediaries, the information referred to points (a) to (f) shall also be provided prior to the conclusion of the contract.
Amendment 132 #
Proposal for a directive Article 10 – paragraph 3 – subparagraph 2 Final customers shall be provided with a summary of the key contractual conditions in a prominent manner and in concise and simple language. Suppliers shall provide final customers consumers key information on offers in one place. Member States, through their National Regulatory Authorities, shall ensure the use of common terminology agreed at national level. The key information shall include: (a) product name and main features including, where relevant, information on environmental impact, clear description of promotions and discounts, (b) information on additional services (e.g. maintenance, insurance, energy efficiency measures), their price and the provider of these services, if different from the energy supplier, (c) total price of natural gas (including all cost components, i.e. supply, distribution, taxes and levies) as well as the single unit price (including all charges and taxes) in order to allow final customers to compare at a glance and easily spot the cheapest deal for them, (d) one-time payments where relevant, including activation fees and costs for the connection to the network, (e) conditions for price or tariff changes during the contract, (f) contract duration and conditions for termination, including notice period and fees and penalties where relevant, (g) payment frequency and method options, (h) supplier’s contact details such as customer service’s address, telephone number and email, including, where relevant, identification of any intermediary. (i) Important clauses such as those on the product, discounts and factors unrelated to the electricity supply should be written in bold or highlighted in bigger font.
Amendment 133 #
Proposal for a directive Article 10 – paragraph 3 – subparagraph 2 Final customers shall be provided with a summary of the key contractual conditions in a prominent manner and in concise and simple language. This summary shall be provided together with the key information on energy offers as referred to in paragraph 3(a) of this Article.
Amendment 134 #
Proposal for a directive Article 10 – paragraph 3 a (new) 3 a. In addition to the provision of information on contractual conditions as laid down in paragraph 3 of this Article, final customers shall be provided with key information on the energy offers in a concise and easy-to-understand language based on a common terminology agreed at national level. As a minimum, the key information on energy offers shall include: (a) product name and main features, including information on environmental impact, level of greenhouse gas emissions and, where relevant, related savings, guarantee of origin of energy from renewables sources; (b) clear description of the price and tariffs offered, either fixed or variable, as well as conditions for their changes during contract performance; (c) clear description of promotions and discounts, including the date when it elapses; (d) information on additional services (e.g. maintenance, insurance, energy efficiency measures) and their price; (e) total price of natural gas (including all cost components, i.e. supply, distribution, taxes and levies) as well as the single unit price (including all charges and taxes); (f) one-time payments, including activation fees and costs for the connection to the network; (g) contract duration and conditions for termination and switching, including notice period, fees and penalties, where relevant; (h) payment frequency and available payment method. Important clauses such as those on the product, discounts and factors unrelated to thee electricity supply should be presented in a prominent manner, together with key contractual conditions, so as to be immediately identifiable by customers. Member States shall establish a common terminology agreed at national level to ease comparison of offers for customers.
Amendment 135 #
Proposal for a directive Article 10 – paragraph 5 5. Suppliers shall provide final customers with transparent information on applicable prices
Amendment 136 #
Proposal for a directive Article 10 – paragraph 5 5. Suppliers shall provide final customers with transparent information on applicable prices
Amendment 137 #
Proposal for a directive Article 10 – paragraph 10 10. Suppliers shall provide natural gas household customers with adequate information on alternative measures to disconnection sufficiently in advance of any planned disconnection. Such
Amendment 138 #
Proposal for a directive Article 10 – paragraph 10 10. Suppliers shall provide natural gas household customers with adequate information on alternative measures to disconnection sufficiently in advance of any planned disconnection. Such alternative measures may incluse information about sources of support to avoid disconnection, prepayment systems, energy audits, energy consultancy services, alternative payment plans, debt management advice or disconnection moratoria and shall not entail an extra cost to the customers facing disconnection. Disconnections to household customers using natural gas for heating shall be prohibited during winter times. Disconnections shall also be prohibited during legal or extra-legal disputes on this topic between the supplier and customers.
Amendment 139 #
Proposal for a directive Article 10 – paragraph 11 11. Suppliers shall provide final customers with a final closure account after any switch of supplier no later than
Amendment 140 #
Proposal for a directive Article 11 – paragraph 1 1. Customers shall have the right to switch gases suppliers or market participants. Switching supplier or market participant shall be carried out within the shortest possible time, and in any case not later than two weeks from the date of the request. Member States shall ensure that a customer wishing to switch suppliers or market participants, while respecting contractual conditions, is entitled to such a switch within a maximum of t
Amendment 141 #
Proposal for a directive Article 11 – paragraph 1 1. Customers shall have the right to switch gases suppliers or market participants. Switching supplier or market participant shall be carried out within the shortest possible time. Member States shall ensure that a customer wishing to switch suppliers or market participants, while respecting contractual conditions, is entitled to such a switch within a maximum of three weeks from the date of the request. By 2026 at the latest, the technical process of switching supplier or market participant shall take no longer than 24 hours and shall be possible on any working day.
Amendment 142 #
Proposal for a directive Article 11 – paragraph 1 1. Customers shall have the right to switch gases suppliers or market participants. Switching supplier or market participant shall be carried out within the shortest possible time. Member States shall ensure that a customer wishing to switch suppliers or market participants, while respecting contractual conditions, is entitled to such a switch within a maximum of three weeks
Amendment 143 #
Proposal for a directive Article 11 – paragraph 1 1. Customers shall have the right to switch gases suppliers or market participants. Member States shall ensure that a customer wishing to switch suppliers or market participants, while respecting contractual conditions, is entitled to such a switch within a maximum of three weeks from the date of the request. By 202
Amendment 144 #
Proposal for a directive Article 11 – paragraph 2 2. Member States shall ensure that the right to switch supplier or market participant is granted to all customers in a non-discriminatory manner as regards cost,
Amendment 145 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 Such fees shall be proportionate and shall not exceed the direct economic loss to the supplier or the market participant resulting from the customer's termination of the contract, including the costs of any bundled investments or services that have already been provided to the customer as part of the contract. The burden of proving the direct economic loss shall be on the supplier or market participant. The permissibility of contract termination fees shall be monitored by the regulatory authority, or by another competent national authority. In case of bundled investments in equipment, the direct economic loss to the supplier shall be determined based on one of the following criteria, whichever amount is smaller: (a) prorata temporis residual value of subsidised equipment bundled with the contact, (b) remaining part of service fee;
Amendment 146 #
Proposal for a directive Article 11 – paragraph 4 a (new) 4 a. Where customers are obliged to switch gases as a result of other Union policies and as a consequence will be disproportionately affected, where applicable, the Member State shall conduct distributional impact assessment of the planned fuel switch, as well as to put in place plans and measures to mitigate and resolve inequities resulting from policies that decarbonise the energy system. The Commission shall assist Member States and provide resources facilitating implementation of these plans and measures.
Amendment 147 #
Proposal for a directive Article 11 – paragraph 4 a (new) 4 a. Member States should ensure that user-friendly information is offered to citizens in relation to the rules and process for switching suppliers in their respective Member State along with any relevant switching information as appropriate.
Amendment 148 #
Proposal for a directive Article 12 – paragraph 1 – introductory part 1. Member States sh
Amendment 149 #
Proposal for a directive Article 12 – paragraph 1 – subparagraph 1 Member States shall ensure that at least one tool covers the entire natural gas market. Where multiple tools cover the market, those tools shall include, as complete as practicable, a range of gas offers covering a significant part of the market and, where those tools do not completely cover the market, a clear statement to that effect, before displaying results. The information shall be displayed in a way that allows consumers to clearly identify and filter the parameters relevant to their search. As a minimum, the following elements shall be displayed in a prominent manner: (i) availability of “green tariffs”; (ii) exceptional or short-term conditions of offers. The list of elements to be displayed in a prominent manner may be updated and expanded by the competent authority as referred to in paragraph 4 of this Article.
Amendment 150 #
Proposal for a directive Article 12 – paragraph 1 – subparagraph 1 Member States shall ensure that at least one tool covers the entire natural gas market. Where multiple tools cover the market, those tools shall include, as complete as practicable, a range of gas offers covering a significant part of the market and, where those tools do not completely cover the market, a clear statement to that effect, before displaying results. All suppliers and relevant intermediaries shall provide a competent authority managing a database of all available current and past offers the information necessary for certified tools to run the comparison for final customers. Such database should be freely accessible in an electronic format by providers of comparison tools.
Amendment 151 #
Proposal for a directive Article 12 – paragraph 1 a (new) 1 a. Member States shall require the comparison tools referred to in paragraph 1 to include comparative determinants relating to the nature of the services offered by the suppliers, the quality of service, complaint-handling procedures, level of consumer satisfaction and information on complaints. Exceptional conditions of an offer, including discounts or planned increase of the price during the contract duration, shall be identifiable and clearly highlighted in the comparison tool. Comparison tools shall allow users to filter the result on the basis of the characteristics of the offers that are most relevant for them. These shall be defined by National Regulatory Authorities and shall include at least fixed or variable price, contract length, bundles, discounts and length of period during which the price is guaranteed.
Amendment 152 #
Proposal for a directive Article 12 – paragraph 3 3. Member States
Amendment 153 #
Proposal for a directive Article 12 – paragraph 4 4. Member States shall appoint a competent authority to be responsible for issuing trust marks for comparison tools that meet the requirements set out in paragraph 1, and for ensuring that comparison tools bearing a trust mark continue to meet those requirements. That authority shall be independent of any market participants and comparison tool operators. Suppliers shall provide the national competent authorities appointed with information on past and current energy offers in view of establishing a database to be used by certified comparison tools.
Amendment 154 #
Proposal for a directive Article 12 – paragraph 4 4. Member States shall appoint a competent authority to be responsible for issuing trust marks for comparison tools that meet the requirements set out in paragraph 1, and for ensuring that comparison tools bearing a trust mark continue to meetthose requirements. In particular, competent authorities shall carry out regular reviews of price comparison tools bearing a trust mark to ensure that the requirements of paragraph 1 are continually being met. That authority shall be independent of any market participants and comparison tool operators.
Amendment 155 #
Proposal for a directive Article 13 Amendment 156 #
Proposal for a directive Article 13 – paragraph 2 – introductory part 2. Member States shall ensure that active customers maintain their rights as final customers set in this Directive, including the right to switch electricity supplier and are:
Amendment 157 #
Proposal for a directive Article 13 – paragraph 2 – point b (b) entitled to sell self-produced renewable natural gases or hydrogen using the natural gas or hydrogen system,
Amendment 158 #
Proposal for a directive Article 13 – paragraph 2 – point f (f) are financially responsible for the imbalances they cause in the natural gas or hydrogen system or shall delegate their balancing responsibility in accordance with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx].
Amendment 159 #
Proposal for a directive Article 13 – paragraph 4 – introductory part 4. Member States shall ensure that active customers that own facilities that store renewable gas or hydrogen:
Amendment 160 #
Proposal for a directive Article 13 – paragraph 4 – point a (a) where it does not lead to the destabilisation of a system, have the right to a grid connection within a reasonable time after they made a request to that effect, provided that all necessary conditions, such as balancing responsibility, are fulfilled;
Amendment 161 #
Proposal for a directive Article 13 – paragraph 4 – point b (b) are not subject to any double charges, including network charges, for stored renewable gas or hydrogen remaining within their premises;
Amendment 162 #
Proposal for a directive Article 14 – paragraph 1 – point d (d) subject to fair compensation as assessed by the regulatory authority, relevant distribution system operators cooperate with citizen energy communities to facilitate transfers of renewable natural gases such as biomethane within citizen energy communities;
Amendment 163 #
Proposal for a directive Article 14 – paragraph 1 – point e (e) citizen energy communities are subject to non-discriminatory, fair, proportionate and transparent procedures and charges, including with respect to grid connection, registration and licensing, and to transparent, non-discriminatory and cost-reflective network charges, ensuring that they contribute in an adequate and balanced way to the overall cost sharing of the natural gas or hydrogen system.
Amendment 164 #
Proposal for a directive Article 14 – paragraph 2 – introductory part 2. Member States
Amendment 165 #
Proposal for a directive Article 14 – paragraph 3 – point a (a) are able to access all natural gas or hydrogen markets in a non-discriminatory manner;
Amendment 166 #
Proposal for a directive Article 14 – paragraph 3 – point c (c) are financially responsible for the imbalances they cause in the natural gas or hydrogen system or shall delegate their balancing responsibility in line with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx];
Amendment 167 #
(e) are entitled to arrange within the citizen energy community the sharing of renewable gas or hydrogen that are produced by the production units owned by the community, subject to other requirements laid down in this Article and subject to the community members retaining their rights and obligations as final customers.
Amendment 168 #
Proposal for a directive Article 15 – paragraph 5 a (new) 5 a. All information provided to consumers, including contractual information, offers and billing information, shall be up-to-date, correct, complete and presented in a manner that facilitates comparison by final customers.
Amendment 169 #
Proposal for a directive Article 17 – paragraph 1 1. Member States shall ensure the deployment of smart metering systems that can accurately measure consumption, provide information on actual time of use, and are capable to transmit and receive
Amendment 170 #
Proposal for a directive Article 20 – paragraph 1 1. Where final natural gas customers do not have smart meters, Member States shall ensure that, in so far as it is technically possible, financially feasible, and proportionate to the potential energy savings, final customers are provided with individual conventional meters that accurately measure their actual consumption
Amendment 171 #
Proposal for a directive Article 23 – paragraph 1 Member States shall ensure that single points of contact are established to provide customers with all necessary information concerning their rights, the applicable law and dispute settlement mechanisms available to them in the event of a dispute. Such single points of contact may be part of general consumer information points and may be the same entities as the single contact points for electricity referred to in
Amendment 172 #
Proposal for a directive Article 23 – paragraph 1 Each Member State
Amendment 173 #
Proposal for a directive Article 24 – paragraph 3 a (new) 3 a. Member States shall regularly assess the functioning of the out-of-court dispute settlement mechanisms, especially with regard to the participation and compliance of energy service providers, intermediaries and distribution system operators.
Amendment 174 #
Proposal for a directive 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 customers. In this context, each Member State shall define the concept of vulnerable customers which may refer to energy poverty. Measures to protect vulnerable consumers
Amendment 175 #
Proposal for a directive 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 customers. In this context, each Member State shall define the concept of vulnerable customers which may refer to energy poverty. Measures to protect vulnerable consumers may include, inter alia, to the prohibition of disconnection to such customers in critical times. Member States shall ensure that where gas is used for heating, vulnerable customers shall not be disconnected during winter times.
Amendment 176 #
Proposal for a directive Article 25 – paragraph 1 Member States shall take appropriate
Amendment 177 #
Proposal for a directive Article 25 – paragraph 2 In particular, Member States shall take appropriate measures to address energy poverty where identified pursuant to point (d) of Article 3(3) of Regulation (EU) 2018/1999, including in the broader context of poverty and to protect final customers in remote areas who are connected to the natural gas or hydrogen systems. Among others, Member States may appoint a supplier of last resort for household customers, and, where Member States deem it to be appropriate, small enterprises considered to be vulnerable customers connected to the gas system.
Amendment 178 #
Proposal for a directive Article 25 – paragraph 2 In particular, Member States shall take appropriate measures to protect final customers in remote areas who are already connected to the natural gas
Amendment 179 #
Proposal for a directive Article 25 – paragraph 2 a (new) Amendment 180 #
Proposal for a directive Article 25 – paragraph 2 a (new) When assessing the number of households in energy poverty pursuant to point (d) of Article 3(3) of Regulation (EU) 2018/1999, Member States shall establish and publish a set of criteria, which shall include low income, high expenditure of disposable income on energy and poor energy efficiency.
Amendment 181 #
Proposal for a directive Article 25 a (new) Article 25 a Energy poverty When assessing the number of customers in energy poverty pursuant to point (d) of Article 3(3) of Regulation (EU) 2018/1999, Member States shall establish and publish a set of criteria, which may include low income, high expenditure of disposable income on energy and poor energy efficiency.
Amendment 182 #
Proposal for a directive Article 27 – paragraph 1 1. Member States shall ensure the implementation of a system of third party access to the transmission and distribution system, and LNG facilities based on published tariffs, applicable to all customers, including supply undertakings, and applied objectively and without discrimination between system users. Member States shall ensure that those tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 72 by a regulatory authority referred to in Article 70 and that those tariffs — and the methodologies, where only methodologies are approved — are published prior to their entry into force. Tariff discounts can be granted only if so provided by Union l
Amendment 183 #
Proposal for a directive Article 27 – paragraph 2 2. The provisions of this Directive shall not prevent the conclusion of long- term contracts for renewable and low carbon gases in so far as they comply with Union competition rules and contribute to decarbonisation.
Amendment 184 #
Proposal for a directive Article 27 – paragraph 2 2. The provisions of this Directive
Amendment 185 #
Proposal for a directive Article 34 – paragraph 1 1. Natural gas and hydrogen undertakings may refuse access or connection to the natural gas or hydrogen system on the basis of lack of capacity or if it could interrupt fulfilment of the public interest objectives such as security, quality and affordable cost of the supply proposed to final consumers. Duly substantiated reasons shall be given for any such a refusal.
Amendment 186 #
Proposal for a directive Article 48 – paragraph 2 a (new) 2 a. Member States may allow regulatory authorities to grant a derogation from Article 31 for hydrogen networks which transport hydrogen from one entry point to a limited number of exit points within a geographically confined, industrial or commercial areas. 2 b. The derogations under paragraph 2a shall apply at least until 31December 2030 and the rules for negotiated third party access from Article 31paragraphs 4 and 5 shall be applied accordingly.
Amendment 187 #
Proposal for a directive Article 71 – paragraph 1 – point g (g) ensuring that customers benefit through the efficient functioning of their national market, promoting effective competition and
Amendment 188 #
Proposal for a directive Article 71 – paragraph 1 – point g a (new) (g a) ensuring that customers benefit from the efficient functioning of market overlapping with other electricity markets, and where cross-sectorial issues arise, clarifying competencies among regulators and competent authorities to ensure cost- efficient solutions;
Amendment 189 #
Proposal for a directive Article 71 – paragraph 1 a (new) To ensure consistency with the overall policy objectives of this Directive, namely the protection of consumer interests, national regulatory authorities shall consult relevant consumer organisations to take into consideration their interests and preferences in developing energy policies but also to identify shortcomings in the implementation of their rights as laid down under this Directive.
Amendment 190 #
Proposal for a directive Article 72 – paragraph 1 – point s (s) respecting contractual freedom with regard to long-term contracts provided that they are compatible with Union law and consistent with Union policies and provided they contribute to decarbonisation objectives. No long-term contracts for supply of
Amendment 191 #
Proposal for a directive Article 72 – paragraph 1 – point v (v)
Amendment 192 #
Proposal for a directive Article 72 – paragraph 1 – point y (y) monitoring the strict implementation of
Amendment 68 #
Proposal for a directive Recital 4 (4) As part of the Package “Clean Energy for all Europeans” proposed by the Commission on 30 November 2016, Regulation (EU) 2019/943
Amendment 69 #
Proposal for a directive 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 and renewable gases should be built on those same principles and, in particular, ensure an equal level of consumer protection. _________________ 6 Regulation (EU) 2019/943 of the
Amendment 70 #
Proposal for a directive Recital 4 a (new) (4 a) To achieve the objectives of the European Green Deal, of the 8th Environmental Action Plan and in line with the Paris Climate Agreement, the Union should phase-out fossil fuels, including fossil gas, by 2035 and achieve a highly energy-efficient and fully renewable based economy by that date. Therefore, this directive should set a common framework for the phase out of natural gas supply by 2035 and for decommissioning related infrastructure assets.
Amendment 71 #
Proposal for a directive Recital 5 (5) The Union has aims to cut greenhouse gas emissions by at least 55% by 2030, and become the first climate neutral continent by 2050, set out in the European Green deal and the Paris Agreement. 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 as 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 renewable gases, including for hydrogen.
Amendment 72 #
Proposal for a directive 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 notably in all relevant industrial sectors and for individual heating purposes while mitigating deepening energy poverty.
Amendment 73 #
Proposal for a directive Recital 6 (6) This Directive aims to facilitate the penetration of renewable and low-carbon gases into the energy system enabling a
Amendment 74 #
Proposal for a directive Recital 8 (8) In line with the
Amendment 75 #
Proposal for a directive 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 consumer protection rules and basic consumer rights applicable to final customers connected to the natural gas system such as the right to switch supplier and accurate billing information. In those instances where customers are connected to the hydrogen network, e.g. industrial customers, they will benefit from the same consumer protection rights applicable to natural gas customers. However, consumer provisions designed to encourage household participation on the market such as price comparison tools, active customers and citizen energy communities do not apply to the hydrogen system.
Amendment 76 #
Proposal for a directive Recital 10 (10) The freedoms which the Treaty guarantees the citizens of the Union —
Amendment 77 #
Proposal for a directive Recital 11 (11) Consumer interests should 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, as well as the right to a secure and affordable energy supply, and safeguarding against energy poverty, as stated in the European Pillar of Social Rights communication need to be strengthened and guaranteed, and should include greater transparency. To this respect, any cross-subsidisation of hydrogen network through gas or electricity network tariffs should not be allowed, as it puts the burden of the energy transition of the industry sector on gas or electricity users, including households, by increasing their gas or electricity bills, while they are not expected to use hydrogen in the future. 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 by Member States or, where a Member State has so provided, the regulatory authorities.
Amendment 78 #
Proposal for a directive Recital 11 (11) Consumer interests should 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 against energy poverty, as stated in the European Pillar of Social Rights communication and the REPowerEU Plan need to be strengthened and guaranteed, and should include greater transparency. Consumer protection should ensure that all consumers in the wider remit of the Union benefit from a competitive gas and hydrogen market. Consumer rights should be enforced by Member States or, where a Member State has so provided, the regulatory authorities.
Amendment 79 #
(12 a) The REPower EU Plan underlines that during the EU’s clean energy transition, the decoupling from Russian energy imports can lead to higher and more volatile energy prices and therefore emphasises the need, at Member State level, for targeted measures to minimise volatility, keep prices in check and protect the individuals in or at risk of energy poverty in order to ensure a fair transition for all.
Amendment 80 #
Proposal for a directive 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. Consequently, Member States should apply other policy tools, in particular targeted social policy measures and other targeted measures to minimise volatility, keep prices in check, protect the individuals in or at risk of energy poverty and, to safeguard the affordability of natural gas supply to their citizens and to ensure a fair transition for all and that no one is left behind. Public interventions in price setting for the supply
Amendment 81 #
Proposal for a directive Recital 17 (17) Clear and comprehensible information should be made available to consumers concerning their rights in relation to the energy sector. The Commission has established , after consulting relevant stakeholders including Member States, regulatory authorities, consumer organisations and natural gas undertakings, an accessible, user-friendly energy consumer checklist providing consumers with practical information about their rights. That energy consumer checklist should be
Amendment 82 #
Proposal for a directive Recital 19 (19) Market rules should protect and empower customers to make
Amendment 83 #
Proposal for a directive Recital 20 (20)
Amendment 84 #
Proposal for a directive 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 low- carbon and renewable gas.
Amendment 85 #
Proposal for a directive Recital 23 (23) As in the electricity sector, market flexibilities and an adequate Union consumer rights’ legal framework in the natural gas sector are essential to ensure that c
Amendment 86 #
Proposal for a directive Recital 24 (24) The switch from fossil gas to renewable alternatives, including biomethane, will concretise if energy from renewable sources becomes an available, attractive, non-discriminatory choice for consumers based on truly transparent
Amendment 87 #
Proposal for a directive 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 and comprehensive pre-contractual information 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 smart meters and data management, and efficient alternative dispute resolution rules.
Amendment 88 #
Proposal for a directive Recital 27 (27) To be coherent and effective, this mirroring approach should
Amendment 89 #
Proposal for a directive Recital 29 (29) The
Amendment 90 #
Proposal for a directive Recital 29 (29) The modernisation of the gas sector is expected to lead to substantial economic benefits
Amendment 91 #
Proposal for a directive Recital 30 (30) Switching from fossil fuels to renewable energies is an important indicator of consumer engagement
Amendment 92 #
Proposal for a directive 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, including promoting the use of hydrogen, biomethane and other low carbon gases.
Amendment 93 #
Proposal for a directive Recital 31 (31) Shorter switching times are likely to encourage customers to search for better energy deals and switch supplier. With the increased deployment of information
Amendment 94 #
Proposal for a directive Recital 32 (32) Several factors impede consumers from accessing, understanding and acting upon the various sources of market information available to them. It follows that the comparability of offers should be improved
Amendment 95 #
Proposal for a directive Recital 32 (32) Several factors impede consumers
Amendment 96 #
Proposal for a directive Recital 33 (33) Independent comparison tools, including websites, are an effective means for smaller customers to assess the merits of the different energy offers that are available on the market. They should aim to include the broadest possible range of available offers, and to cover the market as completely as is feasible so as to give the customer a representative overview in a clear and easy to understand manner. It is crucial that smaller customers have access to at least one comparison tool and that the information given on such tools be trustworthy, impartial
Amendment 97 #
Proposal for a directive Recital 33 (33) Independent comparison tools, including websites, are an effective means for smaller customers to assess the merits and environmental impact of the different energy offers that are available on the market. They should aim to include the broadest possible range of available offers, and to cover the market as completely as is feasible so als
Amendment 98 #
Proposal for a directive Recital 34 Amendment 99 #
Proposal for a directive Recital 34 (34) Final customers should also be non-discriminatory able to consume, to store and to sell self-
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Amendment 100 #
Proposal for a directive Recital 2 Amendment 1000 #
Proposal for a directive Article 72 – paragraph 1 – point ee (ee)
Amendment 1001 #
Proposal for a directive Article 72 – paragraph 1 – point ee a (new) (ee a) assessing and approving local network connection and reinforcement plans referred in Article 53bis as well as investment programmes for grid reinforcement referred to in Article 53ter;
Amendment 1002 #
Proposal for a directive 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
Amendment 1003 #
Proposal for a directive 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
Amendment 1004 #
Proposal for a directive 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
Amendment 1005 #
Proposal for a directive 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
Amendment 1006 #
Proposal for a directive 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 1007 #
Proposal for a directive Article 72 – paragraph 1 – point ii a (new) (ii a) ensuring the timely realisation of infrastructure investments by network operators based on the notifications received by final customers to receive hydrogen supply;
Amendment 1008 #
Proposal for a directive Article 72 – paragraph 7 – point b (b) connection and access to national hydrogen networks, where relevant, including, as from 1 January 2031, the hydrogen network tariffs, and terms and conditons and tariffs for access to for hydrogen storage and hydrogen terminals, including tariffs were applicable;
Amendment 1009 #
Proposal for a directive Article 74 – paragraph 5 5. The Commission is empowered to adopt
Amendment 101 #
Proposal for a directive Recital 3 a (new) (3 a) Internal market rules for gaseous fuels need to be aligned with the objectives of the Green Deal, the 8th Environmental Action programme, the EU Climate law, the Global Methane Pledge, as well as with scientific evidence around methane and hydrogen leakage and concentration. The legal framework set out by this Directive is reconciled accordingly.
Amendment 1010 #
Proposal for a directive Article 74 – paragraph 6 a (new) 6 a. Regulatory authorities shall cooperate with transmission system operators and with ENTSOG for the purpose of sharing information in case of suspect breach of a legal obligation by network users in accordance with Article 2(5) of Regulation (EU) 312/2014.
Amendment 1011 #
Proposal for a directive Article 74 – paragraph 6 a (new) 6 a. Regulatory authorities shall cooperate with transmission system operators and with ENTSOG for the purpose of sharing information in case of suspect breach of a legal obligation in accordance with Article 2 of Regulation (EU) 312/2014.
Amendment 1012 #
Proposal for a directive Article 74 – paragraph 6 a (new) 6 a. Regulatory authorities shall cooperate with transmission system operators and with ENTSOG&H for the purpose of sharing information in case of suspect breaches of legal obligations by network users.
Amendment 1013 #
Proposal for a directive Article 76 – paragraph 4 4. The Commission is empowered to adopt
Amendment 1014 #
Proposal for a directive 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
Amendment 1015 #
Proposal for a directive Article 81 a (new) Amendment 1016 #
Proposal for a directive 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
Amendment 1017 #
Proposal for a directive 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 European Scientific Advisory Board on Climate Change Commission may give an opinion to the Commission as to whether the Delegated act contributes to achieving the Union’s energy and climate targets.
Amendment 1018 #
Proposal for a directive 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 with the Paragraph 6a. The Commission shall also receive an independent opinion form 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 1019 #
Proposal for a directive Article 83 – paragraph 6 a (new) Amendment 102 #
Proposal for a directive Recital 3 b (new) (3 b) The REPowerEU pledge to phase out Russian gas imports as soon as possible, equalling 155bcm in 2019 and representing 40 % of final fossil gas demand, translates into a higher ambition for the gas phase out compared to the Climate Target Plan. Given that fossil gas demand in the Union has been rising over the past years, there is a need to establish a governance underpinning this ambition and an overall binding Union and national fossil gas phase out targets.
Amendment 1020 #
Amendment 1021 #
Proposal for a directive 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) Amendment 1023 #
Proposal for a directive Article 85 – paragraph 1 By 31 December 20
Amendment 1024 #
Proposal for a directive Article 89 – paragraph 1 This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. The provisions of this Directive as amended shall apply to certification procedures initiated and not completed before the date of entry into force of this Directive.
Amendment 1025 #
Proposal for a directive Annex I – point 1 – point 1.2 – point a a (new) (a a) when is the payment due or to be received;
Amendment 1026 #
Proposal for a directive Annex I – point 1 – point 1.2 – point g (g) information on where to find online information or how to request offline information on all final customers' rights including as regards out-of-court dispute settlement, on the complaint handling process, including the contact details of the entity responsible pursuant to Article 26;
Amendment 1027 #
Proposal for a directive Annex I – point 2 – point a (a) billing on the basis of actual consumption shall take place at least once a year ,where the final customer has a meter that allows remote reading by the operator, the final customer shall not be charged for unbilled energy consumed prior to the billing period covered in the statement of account;
Amendment 1028 #
Proposal for a directive Annex I – point 2 – point b (b) where the final customer does not have a meter that allows remote reading by the operator, or where the final customer has actively chosen to disable remote reading in accordance with national law, accurate billing information based on actual consumption shall be made available to the final customer at least every
Amendment 1029 #
Proposal for a directive Annex I – point 2 – point c (c) where the final customer does not have a meter that allows remote reading by the operator, or where the final customer has actively chosen to disable remote reading in accordance with national law, the obligations in points (a) and (b) may be fulfilled by means of a system of regular voluntary self-reading by the final customer, whereby the final customer communicates readings from the meter to the operator; billing or billing information may be based on
Amendment 103 #
Proposal for a directive 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,
Amendment 1030 #
Proposal for a directive Annex I – point 5 – paragraph 1 Amendment 1031 #
Proposal for a directive Annex I – point 5 – paragraph 4 The disclosure of the share of renewable and low-carbon gas purchased by the final customers shall be done by using guarantees of origin.
Amendment 1032 #
Proposal for a directive Annex I – point 5 – paragraph 4 The disclosure of the share of renewable and low-carbon gas purchased by the final customers shall be done by using guarantees of origin.
Amendment 1033 #
Proposal for a directive Annex I – point 5 a (new) 5 a. Disclosure of information on additionality of “green tariffs” Those consumers on a ‘green’ tariff shall receive information in their bills on the additionality of the tariff over the previous year. This should demonstrate how consumers’ money issued to increase installed capacity or generation of renewable gases beyond what would otherwise be installed. A template layout shall be by all suppliers, building on the printed version that should be published with customers’ bills.
Amendment 1034 #
Proposal for a directive Annex II – point 1 1. Member States shall
Amendment 1035 #
Proposal for a directive Annex II – point 2 – paragraph 1 Such assessment shall also duly consider potential synergies with an already rolled- out electricity smart metering infrastructure, or options for selective rollouts to cases that can quickly return net benefits to keep costs in check. Electricity smart metering infrastructure should be duly compensated for the utilisation of the system in place or for its upgrading.
Amendment 1036 #
Proposal for a directive Annex II – point 3 3. Subject to
Amendment 1037 #
Proposal for a directive Annex II – point 3 3. Subject to that assessment, Member States , shall prepare a timetable with a target of up to ten years for the deployment of smart metering systems. Where the deployment of smart metering systems is assessed positively, at least 80 % of final customers shall be equipped with smart meters
Amendment 1038 #
Specific requirements Directive definition category Electrolysis Hydrogen made from ≥ 90% additional renewable Renewable hydrogen electricity (referencing the requirements in the RED gas (RFNBOs) delegated regulation “setting out detailed rules for the production of liquid and gaseous transport fuels of non-biological origin”). Biomass hydrogen From waste biomass (Annex IX, A in the RED excluding Renewable stemwood would be a safe list) gas Methane leakage requirements for specific primary biomass pathways below: Livestock Manure Methane leakage from digester ≤5.7% & Renewable hydrogen Methane leakage during upgrade ≤2.85% gas Wastewater sludge Methane leakage from digester ≤7.3% & Renewable hydrogen Methane leakage during upgrade ≤3.7% gas Livestock Manure Methane leakage from digester ≤6% & Renewable Biomethane Methane leakage during upgrade ≤3% gas Wastewater sludge Methane leakage from digester ≤7.6% & Renewable biomethane Methane leakage during upgrade ≤3.8% gas Silage maize and “food and feed crops” and “intermediate crops” as Renewable other food and feed defined in the RED are excluded from the renewable gas gas crops biomethane definition.
Amendment 1039 #
Proposal for a directive Annex III a (new) Specific requirements Directive definition category Electrolysis hydrogen Hydrogen made from ≥ 90% additional renewable electricity Renewable (Renewable Fuels of Non- (referencing the requirements in the RED delegated regulation “setting gas biological origin as out detailed rules for the production of liquid and gaseous transport defined by the RED) fuels of non-biological origin”). Fossil gas hydrogen Carbon capture rate ≥83.5% & Low-carbon (steam methane reforming Upstream methane leakage rate ≤0.34% gas and carbon capture and storage, CCS) Coal + CCS hydrogen Carbon capture rate ≥94.4% Low-carbon gas Biomass hydrogen From waste biomass (Annex IX, A in the RED excluding stemwood would Renewable be a safe list) gas Methane leakage requirements for specific primary biomass pathways below: Livestock Manure Methane leakage from digester ≤5.7% & Renewable hydrogen Methane leakage during upgrade ≤2.85% gas Wastewater sludge Methane leakage from digester ≤7.3% & Renewable hydrogen Methane leakage during upgrade ≤3.7% gas Livestock Manure Methane leakage from digester ≤6% & Renewable Biomethane Methane leakage during upgrade ≤3% gas Wastewater sludge Methane leakage from digester ≤7.6% & Renewable biomethane Methane leakage during upgrade ≤3.8% gas Silage maize and other “food and feed crops” and “intermediate crops” as defined in the RED Renewable food and feed crops are excluded from the renewable gas definition. gas biomethane
Amendment 104 #
Proposal for a directive 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
Amendment 105 #
Proposal for a directive Recital 4 (4) As part of the Package
Amendment 106 #
Proposal for a directive Recital 5 (5) The Union has aims to cut greenhouse gas emissions and to promote modern, decentralised, 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,
Amendment 107 #
Proposal for a directive Recital 5 (5) The Union has aims to cut greenhouse gas emissions and to 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,
Amendment 108 #
Proposal for a directive Recital 5 (5) The Union
Amendment 109 #
Proposal for a directive Recital 5 a (new) (5 a) The REPower EU Action plan published in May 2022 proposes a higher target for the share of renewables by 2030 of at least 45 %, a higher energy savings target of at least 13 % by 2030, an aspiration to double the pace of roll out of heat pumps over the next few years, strengthening the renewable based electrification of as many sectors as possible, with focus on industrial one, and finally an increased ambition for specifically renewable hydrogen of 10 mt imports and 10 mt exports by 2030.The combined effect of these measures will result in a significantly lower than projected fossil gas demand and associated infrastructure needed. In the light of irreversibly higher gas prices for the Union, there seems no more justification to plan a nascent hydrogen market based on the existing natural gas map.
Amendment 110 #
Proposal for a directive 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 111 #
Proposal for a directive Recital 5 b (new) (5 b) Continuous scientific evidence shows that energy savings, energy efficiency and renewable energy represent key drivers for reaching a net-zero GHG emission economy, and that achieving a highly energy efficient and fully renewable based economy is technologically and economically feasible already by 2035, with the right regulatory and political push. In line with the Commission’s recommendation of28 September 2021 entitled "On Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making inthe energy sector and beyond", this Directive should take an integrated approach by setting market rules able to support only the most energy efficient renewable source for any given sector and application as well as by promoting system efficiency, so that the least renewable energy and infrastructure roll- out would be required for various economic activities. In this context, fossil gas should be phased out by 2035 and low-carbon fuels, which are de facto of nuclear or fossil origin, should not play a role in the energy and economic future of the Union, let alone be placed on an equal footing with renewable energy sources.
Amendment 112 #
Proposal for a directive Recital 6 (6) This Directive aims to facilitate the penetration of
Amendment 113 #
Proposal for a directive 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
Amendment 114 #
Proposal for a directive 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
Amendment 115 #
Proposal for a directive Recital 6 a (new) (6 a) This Directive establishes rules for the transport, supply and storage of natural gas and the transition of the natural gas system to a system based on renewable and low-carbon gases.
Amendment 116 #
Proposal for a directive 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 117 #
Proposal for a directive Recital 6 b (new) (6 b) This Directive establishes rules for the progressive establishment of a Union- wide interconnected hydrogen system contributing to the reduction of net greenhouse gas emissions of difficult to decarbonise sectors and thereby supporting to the decarbonisation of the Union energy system.
Amendment 118 #
Proposal for a directive 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
Amendment 119 #
Proposal for a directive 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
Amendment 120 #
Proposal for a directive Recital 7 a (new) (7 a) Current hydrogen production and transport pathways incur in significant energy conversion losses compared to the direct use of electricity. In application of the energy efficiency first principle, renewable fuels of non-biological origin should be prioritised for feedstock or raw material in industries such as steel or chemicals, and for energy purposes in very high temperature industrial processes, hard-to abate maritime and aviation applications, and they should be excluded from covering heat demand that may be otherwise satisfied with more energy efficient renewable-based solutions, such as heat-pumps, direct renewable-electrification or geothermal solutions, which are1 to 5 times more energy efficient than using electrolytic hydrogen. Conversely, all efforts should be made to avoid the use of hydrogen for applications where more energy-efficient alternatives exist. Notably, this includes heating of buildings, production of hot water for sanitary uses, and low and medium temperature heat for industrial processes. Other renewable gases, such as biogases, will be able to contribute to the energy and climate goal as long as they are produced using only truly sustainable feedstocks such as waste and residues of Annex IX Part A of the Renewable Energy Directive. Considering the latter are limited in availability, this Directive should provide for market rules limiting the uptake of biogases beyond their sustainability level, as to avoid further threat on biodiversity, indirect land use change and food security. Both the gaseous part of renewable gaseous fuels that are fuels of non-biological origin (‘RFNBOs’) and other renewable gases, will have to respect maximum methane and hydrogen leakage rates.
Amendment 121 #
Proposal for a directive Recital 8 (8) In line with the EU Hydrogen Strategy and the EU REPowerEU Communication and Action Plan, renewable hydrogen is expected to be deployed on a large-scale from 2030 onwards for the purpose of decarbonising certain sectors, ranging from aviation and shipping to hard-to-decarbonise industrial sectors. All final customers connected to hydrogen systems will benefit from
Amendment 122 #
Proposal for a directive Recital 8 (8) In line with the EU Hydrogen Strategy as well as EU REPowerEU Communication and Action Plan, renewable hydrogen is expected to be deployed on a large-scale
Amendment 123 #
Proposal for a directive Recital 8 (8) In line with the
Amendment 124 #
Proposal for a directive Recital 8 (8)
Amendment 125 #
Proposal for a directive Recital 8 (8) In line with the EU Hydrogen Strategy, renewable hydrogen is expected
Amendment 126 #
Proposal for a directive 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
Amendment 127 #
Proposal for a directive 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
Amendment 128 #
Proposal for a directive Recital 9 (9) In line with the EU Hydrogen Strategy and the REPowerEU action plan, the priority for the EU is to develop renewable hydrogen produced using additional renewable electricity, mainly from wind and solar energy. Renewable hydrogen is the
Amendment 129 #
Proposal for a directive 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
Amendment 130 #
Proposal for a directive 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
Amendment 131 #
Proposal for a directive Recital 9 (9) In line with the EU Hydrogen
Amendment 132 #
Proposal for a directive 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
Amendment 133 #
Proposal for a directive 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
Amendment 134 #
Proposal for a directive 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 20
Amendment 135 #
Proposal for a directive Recital 9 a (new) (9 a) The Union is not able to produce enough renewable and low-carbon hydrogen to meet its decarbonisation goals. Imports of renewable and low- carbon hydrogen are needed for the rapid availability of large quantities of hydrogen catering for the Union’s demand, especially from neighbouring countries and regions such as Norway, Ukraine, North Africa and the Middle East. The certification and life cycle assessment methodology of LCF should also apply to imports. This will ensure that partner countries can easily identify the requirements of the Union for LCF to be certified as such, ensure market confidence, and foster transparent imports of LCF. By developing such a methodology, the Union can also take a leading role in developing global standards for LCF certification and strengthen its role as a global climate leader, using its climate diplomacy to develop mutually beneficial cooperation with exporting partners.
Amendment 136 #
Proposal for a directive 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 137 #
Proposal for a directive Recital 9 a (new) (9 a) In line with the EU Hydrogen Strategy and REPowerEU Communication and Action Plan, setting an indicative greenhouse gas intensity reduction target for gas consumed in the Union will provide a clear investor framework and pathway for the upscaling of renewable and low carbon gases across the Union. It will provide predictability to customers, in particular in hard-to- decarbonise sectors, to make the necessary investments to transform their operations. It will also enabling different technologies to contribute towards the Union indicative target and the overall Union decarbonisation commitments on a level playing field.
Amendment 138 #
Proposal for a directive Recital 9 a (new) (9 a) In line with REPowerEU Plan the import of 10 million tons of renewable hydrogen in the Union by 31 December 2030 should be supported by the implementation of a Global European Hydrogen Facility based on a bidding process in order to enable the market ramp-up for renewable hydrogen, especially, in hard-to-decarbonise sectors with the highest greenhouse gas abatement potential. The bidding process should incentivise market-based efficient solutions and minimise the difference between procurement costs and resale revenues to be compensated with public funds.
Amendment 139 #
Proposal for a directive Recital 9 a (new) (9 a) Notes that today, hydrogen is hardly exclusively used in chemistry, health and industry, that in the context of decarbonisation, hydrogen offers solutions as a storage tool and as a fuel; stresses that all these applications are very different in terms of quality, security, volume, pressure, transportation etc., and that this implies specific provisions according to the final use.
Amendment 140 #
Proposal for a directive Recital 9 a (new) (9 a) The establishment of European hydrogen infrastructure targets related to hydrogen corridors identified in the REPowerEU Plan, including hydrogen networks, hydrogen storage and hydrogen import terminals, will help meeting the REPowerEU Plan targets for hydrogen production and imports by 2030.
Amendment 141 #
Proposal for a directive Recital 9 a (new) (9 a) There is a need to define terms such as “hydrogen ready” or “future ready” for all relevant infrastructure given that these terms are used inter alia in EU funding programmes and the revised Climate and Energy state aid guidelines.
Amendment 142 #
Proposal for a directive Recital 10 Amendment 143 #
Proposal for a directive Recital 11 (11) Consumer interests should 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, including the right to a secure, affordable and renewable-based energy supply, and safeguarding against energy poverty, as stated in the European Pillar of Social Rights communication need to be strengthened and guaranteed, and should include greater transparency. To this respect, any cross-subsidisation of hydrogen network through gas or electricity network tariffs shall not be allowed, as it puts the burden of the energy transition of the industry sector on gas or electricity users, including households, by increasing their gas or electricity bills, while they are not expected to use hydrogen in the future. 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 by Member States or, where a Member State has so provided, the regulatory authorities.
Amendment 144 #
Proposal for a directive Recital 11 (11) Consumer interests
Amendment 145 #
Proposal for a directive Recital 12 Amendment 146 #
Proposal for a directive Recital 12 (12) The European Pillar of Social Rights places good quality of 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.
Amendment 147 #
Proposal for a directive Recital 13 (13)
Amendment 148 #
Proposal for a directive 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
Amendment 149 #
Proposal for a directive Recital 14 (14) Member States should have a wide discretion to impose public service obligations on gas undertakings in case these are pursuing objectives of the energy and climate legislation, are aligned to the Member States national energy and climate plan objectives and its national targets especially regarding electrification, renewable energy expansion, energy efficiency improvements and emission reductions, as well as on 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
Amendment 150 #
Proposal for a directive Recital 14 (14) Member States should
Amendment 151 #
Proposal for a directive Recital 15 (15) Public service obligations in the form of price setting for the supply of natural gas should be used without overriding the principle of open markets in clearly defined circumstances and beneficiaries and should be limited in duration. Such circumstances might occur for example where supply is severely constrained, causing significantly higher gas prices than normal, or in the event of a market failure where interventions by regulatory authorities and competition authorities have proven to be ineffective. This would disproportionately affect households and, in particular, vulnerable customers who typically expend a higher share of their disposable income on energy bills compared to high-income consumers. In order to mitigate the distortive effects of public service obligations in price setting for the supply of natural gas, Member States applying such interventions should put in place additional measures, including measures to prevent distortions of price setting in the wholesale market. Member States should ensure that all beneficiaries of regulated prices are able to benefit fully from the offers available on the competitive market when they choose to do so. To that end, they should be directly and regularly informed of the offers and savings available on the competitive market, and should be provided with assistance to respond to and benefit from market-based offers.
Amendment 152 #
Proposal for a directive Recital 15 (15) Public service obligations in the form of price setting for the supply of natural gas should be used only in exceptional circumstances without overriding the principle of open markets in clearly defined circumstances
Amendment 153 #
Proposal for a directive Recital 16 (16) Public interventions in price setting for the supply of natural gas should not lead to direct cross-subsidisation between
Amendment 154 #
Proposal for a directive Recital 18 (18) Member States should take into account the fact that the successful ecological transition requires enhanced investment in education, training and skills for workers in the
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 156 #
Proposal for a directive Recital 19 (19) Market rules should protect and empower customers to make
Amendment 157 #
(20)
Amendment 158 #
Proposal for a directive 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
Amendment 159 #
Proposal for a directive 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 160 #
Proposal for a directive 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
Amendment 161 #
(21) As the natural gas sector, including the natural gas retail market was not part of the Clean Energy for all Europeans Package, the related provisions on infrastructure planning and investments, consumer engagement and protection have not been adapted to the needs of the energy transition, which corresponds instead to the situation of over a decade ago when the Third Energy Package was adopted.
Amendment 162 #
Proposal for a directive Recital 22 (22) The natural gas market witnesses exceptional circumstances leading to high prices which are expected to remain rather high also in the years to come, poor customer satisfaction and engagement as well as slow uptake of new renewable
Amendment 163 #
Proposal for a directive 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 164 #
Proposal for a directive 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.
Amendment 165 #
Proposal for a directive Recital 23 (23) As in the electricity sector, market flexibilities and an adequate Union consumer rights’ legal framework in the natural gas sector are essential to ensure that c
Amendment 166 #
Proposal for a directive Recital 23 (23) As recent experience in the electricity sector
Amendment 167 #
Proposal for a directive Recital 24 (24) The switch from fossil gas to renewable alternatives
Amendment 168 #
Proposal for a directive 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. Where final customers are required to switch fuels, it should be accompanied by measures that reduce adverse effects on final customers, especially vulnerable customers and people affected by or at risk of energy poverty, as well as measures that mitigate and resolve inequalities resulting from the energy transition.
Amendment 169 #
Proposal for a directive Recital 24 (24) The switch from fossil gas to renewable alternatives will concretise if
Amendment 170 #
Proposal for a directive Recital 24 (24) The switch from fossil gas to renewable and low-carbon alternatives will concretise if energy from renewable and low-carbon 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 171 #
Proposal for a directive Recital 24 (24) The switch from fossil gas to renewable or low carbon alternatives will concretise if
Amendment 172 #
Proposal for a directive Recital 25 (25) To address the current gaps in the retail gas market, it is necessary
Amendment 173 #
Proposal for a directive Recital 25 (25)
Amendment 174 #
Proposal for a directive Recital 26 Amendment 175 #
Proposal for a directive Recital 26 (26) In order to ensure a high level of consumer protection and empowerment consistently across energy sectors, the legislative framework in the decarbonised gas market legislation should reflect an energy system perspective, the Union's objectives on security of supply, energy efficiency and renewable energy and consider the electricity market customer protection and where relevant its empowerment provisions.
Amendment 176 #
Proposal for a directive 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 177 #
Proposal for a directive Recital 28 Amendment 178 #
Proposal for a directive Recital 29 (29) The
Amendment 179 #
Proposal for a directive Recital 29 (29) The modernisation of the gas sector is expected to lead to substantial economic and enviromental benefits in terms of both improved retail competition and its social and distributional benefits and customer empowerment, including strengthened contractual rights and better available information on consumption and energy sources leading to greener choices. Energy communities-of-interest should contribute to the uptake of renewable gas.
Amendment 180 #
Proposal for a directive 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 181 #
Proposal for a directive Recital 34 (34)
Amendment 182 #
Proposal for a directive Recital 34 (34)
Amendment 183 #
Proposal for a directive 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 184 #
Proposal for a directive Recital 34 a (new) (34 a) While recognizing the role that renewable gases can play in partially replacing fossil gas, potential environmental and social drawbacks to incentivizing integration of biomethane must be acknowledged. Given the comparative cost of upgrading biogas into biomethane is higher than for other uses, such as electricity and heat production, biomethane should be prioritized for hard-to-abate industrial uses. Member States should ensure that national support for biomethane does not create perverse incentives that further drive unsustainable land use practices or energy crops, which contribute to food insecurity.
Amendment 185 #
Proposal for a directive Recital 35 Amendment 186 #
Proposal for a directive Recital 35 (35) Re
Amendment 187 #
Proposal for a directive Recital 35 (35) Re
Amendment 188 #
Proposal for a directive Recital 35 (35) Recognising the role they can play in decarbonizing the energy system, certain categories of citizen energy initiatives should be recognised in the natural gas market at the Union level as ‘citizen energy communities’. These communities should facilitate the use of renewable gas in
Amendment 189 #
Proposal for a directive Recital 36 Amendment 190 #
(36)
Amendment 191 #
Proposal for a directive Recital 36 (36)
Amendment 192 #
Proposal for a directive Recital 37 (37) Bills and billing information are an important means to inform and empower final customers. Energy bills remain the most common consumer concern and source of consumer complaints, a factor that contributes to the persistently low levels of consumer satisfaction and engagement in the gas sector. Provisions for billing information in the gas sector also lag behind rights granted to consumers in the electricity sector. It is therefore necessary to align them and to set minimum requirements for bills and billing information in the gas sector, so that consumers have access to transparent, easy to understand information. Bills should convey information to the final consumers on their consumption and costs, thus facilitating comparison between offers and switching supplier, as well as information on their consumer rights (such as on alternative dispute resolution). In addition, bills should be a tool to actively engage consumers in the market, so that consumers can manage their consumption patterns and make greener choices. It is important to provide comprehensive and accurate information to consumers to ensure they are aware of their environmental impact and, thus, consumers can express their preference for the most sustainable energy carriers.
Amendment 193 #
Proposal for a directive Recital 37 (37) Bills and billing information are an important means to inform and empower final customers. Energy bills remain the most common consumer concern and source of consumer complaints, a factor that contributes to the persistently low levels of consumer satisfaction and engagement in the gas sector. Provisions for billing information in the gas sector also lag behind rights granted to consumers in the electricity sector. It is therefore necessary to align them and to set minimum requirements for bills and billing information in the gas sector, so that consumers have access to transparent, complete, easy to understand information. Bills should convey information to the final consumers on their consumption and costs, greenhouse gas emission intensity, type of energy, its share and quantity, thus facilitating comparison between offers and switching supplier or energy sources, as well as information on their consumer rights (such as on alternative dispute resolution). In addition, bills should be a tool to actively engage consumers in the market, so that consumers can manage their consumption patterns and make greener choices.
Amendment 194 #
Proposal for a directive Recital 38 (38) The regular provision of accurate billing information based on actual gas
Amendment 195 #
Proposal for a directive Recital 40 (40)
Amendment 196 #
Proposal for a directive Recital 41 (41) In order to assist final customers’ active participation in the market, the smart metering systems t
Amendment 197 #
Proposal for a directive Recital 41 (41) In order to assist final industrial customers’ active participation in the market, the smart metering systems to be deployed should have due regard to the use of relevant available standards, including those
Amendment 198 #
Proposal for a directive Recital 42 Amendment 199 #
Proposal for a directive Recital 45 (45) Member States should 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,
Amendment 200 #
Proposal for a directive Recital 45 (45) Member States
Amendment 201 #
Proposal for a directive Recital 45 (45) Member States should 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
Amendment 202 #
Proposal for a directive Recital 46 (46) Pursuant to Regulation (EU) 2018/1999 and Directive (EU) 2019/944 of the European Parliament and of the Council10 , the Commission provided indicative guidance11 on appropriate indicators for measuring energy poverty and defining a ‘significant number of households in energy poverty’ and Directive ...[the Energy Efficiency Directive - recast of the directive on energy efficiency 2021/0203 (COD)],) provides for clear set definition and back up set of criteria in case Member States fail to define energy poverty according to relevant legislation. _________________ 10 Directive (EU) 2019/944 of the
Amendment 203 #
(47) The simplification and streamlining of administrative permit granting processes and clear time limits for decisions to be taken by the authorities competent for issuing an authorisation should ensure that the deployment of hydrogen production facilities and hydrogen system infrastructure can occur at an adequate pace
Amendment 204 #
Proposal for a directive Recital 55 Amendment 205 #
Proposal for a directive Recital 66 (66) Pipeline networks for hydrogen
Amendment 206 #
Proposal for a directive 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-
Amendment 207 #
Proposal for a directive 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
Amendment 208 #
Proposal for a directive 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”
Amendment 209 #
Proposal for a directive 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
Amendment 210 #
Proposal for a directive 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”
Amendment 211 #
(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
Amendment 212 #
Proposal for a directive Recital 68 Amendment 213 #
Proposal for a directive Recital 68 (68) Whereas the joint operation of hydrogen networks and gas or electricity grids can create synergies and should thus be allowed, activities of hydrogen network operation should be organised in
Amendment 214 #
Proposal for a directive Recital 69 Amendment 215 #
Proposal for a directive Recital 69 Amendment 216 #
Proposal for a directive Recital 69 Amendment 217 #
Proposal for a directive Recital 70 (70) In order to avoid conflict of interests and ensure transparency with regard to the costs and financing of regulated activities,
Amendment 218 #
Proposal for a directive Recital 70 (70) In order to ensure transparency with regard to the costs and financing of regulated activities, activities of hydrogen
Amendment 219 #
Proposal for a directive Recital 71 (71) Hydrogen networks sh
Amendment 220 #
Proposal for a directive 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
Amendment 221 #
Proposal for a directive Recital 72 (72) The availability of large-scale underground hydrogen storage facilities is at this point not existent and it will be limited and distributed unevenly across Member States. In view 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.
Amendment 222 #
Proposal for a directive Recital 75 (75)
Amendment 223 #
Proposal for a directive Recital 76 (76) Pipeline interconnect
Amendment 224 #
Proposal for a directive Recital 77 (77) To ensure
Amendment 225 #
Proposal for a directive Recital 78 (78) Hydrogen, gas and electricity network operators should be tasked with building
Amendment 226 #
Proposal for a directive Recital 78 a (new) (78 a) Member States should introduce technical and financial support for distribution grid operators and district heating operators/owners in order to support the regulatory authority in determining the need for expansion, upgrades or decommissioning of the network. Distribution grid operators and district heating owners/operators shall cooperate with national regulators, including through the provision of data on the foreseen demand and supply of gases in line with decarbonization objectives at EU and national level. National regulators shall then develop net zero infrastructure plans developed in an integrated manner covering gases, electricity and heat planning, for the latter integrating all relevant local heating and cooling plans as set out in Directive ... [[the Energy Efficiency Directive - [ recast of the directive on energy efficiency 2021/0203 (COD)], Article 23] as well as national plans for building renovation and net zero carbon building stocks [recast EPBD Article XX]
Amendment 227 #
Proposal for a directive Recital 78 b (new) (78 b) There is a need to integrate national planning for a phase out of natural gas and associated infrastructure in the update of national energy and climate plans and progress reports per the Governance Regulation (EU) 2018/1999 by 30 June 2024.
Amendment 228 #
Proposal for a directive Recital 79 Amendment 229 #
Proposal for a directive Recital 80 (80) Where system operators for natural gas or hydrogen network operators refuse requests for access, connection or disconnection due to a lack of capacity,
Amendment 230 #
Proposal for a directive 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
Amendment 231 #
Proposal for a directive 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 232 #
Proposal for a directive Recital 96 (96) Member States should take concrete measures to
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-
Amendment 234 #
Proposal for a directive Recital 96 (96) Member States should take concrete measures to assist the wider use of bio
Amendment 235 #
Proposal for a directive Recital 97 (97) Producers of renewable and low- carbon gases are often connected to the distribution grid. To facilitate their uptake and market integration, it is essential that they obtain unhindered access to the wholesale market and the relevant virtual trading points. Participation in the wholesale market is determined by the way in which the entry-exit systems are defined. In several Member States, producers connected to the distribution grid are not part of the entry-exit system. Therefore, the access of renewable and low-carbon gases to the wholesale market should be facilitated by providing a definition of an entry-exit system and ultimately ensuring that production facilities connected to the distribution system
Amendment 236 #
Proposal for a directive Recital 99 a (new) (99 a) Grid-based blending represents the least energy-efficient and cost effective use of gaseous molecules and risks that green hydrogen cannot get supplied to priority sectors such as aviation or steel industry for which ambitious quotas have been set and which cannot decarbonise with other means. Around 40 % of existing plants and machines in the Union’ s cement, steel and chemical sectors are up for reinvestment this decade as they have reached their end of lifetime and investment decisions will depend on an assessment of the likelihood to get supplied by sufficient green hydrogen. Grid-based blending results in costly deviations from those sectors and repeated adaptations needs for infrastructure. It also poses challenges to certain industries such as the chemical sector that can only use specific blends and is technically limited to20 %, hence far from delivering sufficient GHG reductions. There should therefore be no regulatory or financial incentives to blend hydrogen into the gas grid. There should also be no duty of Member States to accept blends at cross-border interconnection points in line with Article194 TFEU which gives each Member State the right to determine its own energy supply.
Amendment 237 #
Proposal for a directive Recital 100 a (new) (100 a)To enable and foster decarbonisation, regardless of their unbundling models, the transmission system operators are also well placed to invest in decarbonisation technologies and innovate projects enabling sectors integration, such as power-to-gas. To deliver these services at a reasonable cost and in a timely manner, the transmission system operators and hydrogen network operators should be allowed to invest in these technologies. The compensation for such services may - where applicable – happen under a tolling arrangement, a customer pays a toll to – in the case of power-to-gas – feed electricity into the facility and receive hydrogen (or synthetic gas if a methanation step is added to the process) in return. The facility owner would only provide a service and would not engage in trading or supplying those commodities. In order to accelerate decarbonisation new technologies need to be tested, scaled-up and implemented swiftly. In this context, the transmission system operators can add significant value using existing resources and experience regarding market design and functioning (know-how, companies already active that could diversify quicker than a newly established company). This sharing of the investment risks between the users and the operator via a tolling model will allow smaller market participants to enter the considered new market.
Amendment 238 #
Proposal for a directive Recital 100 a (new) (100 a)To enable and foster decarbonisation, regardless of their unbundling models, the transmission system operators are also well placed to invest in decarbonisation technologies and innovate projects enabling sectors integration, such as power-to-gas. To deliver these services at a reasonable cost and in a timely manner, the transmission system operators and hydrogen network operators will be allowed to invest in these technologies. The compensation for such services may – where applicable – happen under a tolling arrangement, where a customer pays a toll to – in the case of power-to-gas – feed electricity into the facility and receive hydrogen (or synthetic gas if a methanation step is added to the process) in return. The facility owner only provides a service and does not take ownership over the product (whether it is hydrogen or synthetic gas), thus would not engage in activities of trading or supplying those commodities.
Amendment 239 #
Proposal for a directive Recital 100 a (new) (100 a) Grid-based blending represents the least energy-efficient and cost effective use of gaseous molecules and risks that green hydrogen cannot get supplied to priority sectors such as aviation or steel industry for which ambitious quotas have been set and which cannot decarbonise by other means. Around 40 % of existing plants and machines in the Union cement, steel and chemical sectors are up for reinvestment this decade as they have reached their end of lifetime and investment decisions will depend on the availability of sufficient green hydrogen. Grid-based blending results in costly deviations from those sectors and repeated adaptation needs for infrastructure. There should therefore be no regulatory or financial incentives to blend hydrogen into the gas grid.
Amendment 240 #
Proposal for a directive Recital 100 a (new) (100 a)With the integration of growing volumes of renewable and low-carbon gases in the natural gas and hydrogen systems, the Transmission System Operators and Hydrogen Network Operators are entrusted with new tasks including but not limited to the gas and hydrogen quality management to ensure efficient operation of the networks. The costs related to these new tasks shall be borne by the Transmission System Operators or Hydrogen Network Operators as relevant and shall be taken into account in the calculation of their respective tariffs, like all the other costs incurred by the Operators.
Amendment 241 #
Proposal for a directive Recital 101 (101) Energy regulators need to be able to take decisions in relation to all relevant regulatory issues if the internal market in natural gas is to function properly, and to be fully independent from any other political, public or private interests, including when developing the infrastructure network planning. The provisions relating to autonomy in the implementation of the allocated budget of the regulatory authority should be implemented within the framework defined by national budgetary law and rules. While contributing to the independence of the regulatory authority from any political or economic interest through an appropriate rotation scheme, it should be possible for Member States to take due account of the availability of human resources and of the size of the board.
Amendment 242 #
Proposal for a directive Recital 103 (103) Regulatory authorities should be able to fix
Amendment 243 #
Proposal for a directive Recital 103 (103) Regulatory authorities should be able to fix or approve tariffs, or the methodologies underlying the calculation of the tariffs,
Amendment 244 #
Proposal for a directive Recital 103 a (new) (103 a) Regulatory authorities should be able to fix or approve charges for accessing and using facilities serving decarbonisation-related activities under a tolling model, or the methodologies underlying the calculation of the charges, on the basis of a proposal by a transmission system operator or a hydrogen network operator, or on the basis of a proposal by those operator(s). In carrying out those tasks, national regulatory authorities should ensure that charges are non-discriminatory.
Amendment 245 #
Proposal for a directive Recital 103 a (new) (103 a) Regulatory authorities should be able to fix or approve charges for accessing and using facilities serving decarbonisation related activities under a tolling scheme, or the methodologies underlying the calculation of the charges, on the basis of a proposal by the transmission system operator or hydrogen network operator. In carrying out those tasks, national regulatory authorities should ensure that charges are non- discriminatory.
Amendment 246 #
Proposal for a directive 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
Amendment 247 #
Proposal for a directive Recital 104 (104) Regulatory authorities should promote, in close cooperation with the Agency for the Cooperation of Energy Regulators (ACER),
Amendment 248 #
Proposal for a directive 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 249 #
Proposal for a directive Recital 108 (108) The regulatory authorities and ACER should provide information on the hydrogen market to ensure transparency,
Amendment 250 #
Proposal for a directive 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 (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 252 #
Proposal for a directive Recital 109 (109) Transmission system operators play an important role in ensuring cost effective
Amendment 253 #
Proposal for a directive Recital 109 (109)
Amendment 254 #
Proposal for a directive 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, the prioritisation of demand-side solutions whenever they are more cost-effective than investments in infrastructure, and the direct electrification of end-use sectors. _________________ 16 Commission Recommendation of
Amendment 255 #
Proposal for a directive Recital 110 (110) When developing the network development plan, it is important that infrastructure operators take the energy efficiency first principle
Amendment 256 #
Proposal for a directive Recital 110 (110) When developing the network development plan, it is important that infrastructure operators take the energy efficiency first and system efficiency principles16 into account, in particular, the expected consumption used for the joint scenario development. _________________ 16 Commission Recommendation of
Amendment 257 #
Proposal for a directive Recital 110 (110) When developing the net
Amendment 258 #
Proposal for a directive Recital 110 (110) When developing the network development plan, it is important that
Amendment 259 #
Proposal for a directive Recital 111 (111) The energy system integration strategy points out the importance of the coordinated planning and operation of the energy system in achieving the decarbonisation objectives. Therefore it is necessary to draw up a net
Amendment 260 #
Proposal for a directive Recital 111 (111) The energy system integration strategy points out the importance of the coordinated planning and operation of the energy system in achieving the decarbonisation objectives. Therefore it is necessary to draw up a network development plan based on a joint scenario developed on a cross-sectoral basis. While still keeping separate sectorial plans for natural gas and hydrogen on the one hand and electricity on the other hand, infrastructure operators should work towards a higher level of integration taking into account system needs beyond specific energy carriers.
Amendment 261 #
Proposal for a directive Recital 111 (111) The energy system integration strategy points out the importance of the coordinated planning and operation of the energy system in achieving the decarbonisation objectives. Therefore it is
Amendment 262 #
Proposal for a directive Recital 112 (112) Net
Amendment 263 #
Proposal for a directive Recital 112 (112) Network development plans are an important element to identify infrastructure gaps and provide information on infrastructure that
Amendment 264 #
Proposal for a directive 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 cost effective transition. Therefore, a joint network development plan of transmission system operators and hydrogen network operators should support the synergies between the natural gas and hydrogen networks and, by that, lead the way to a faster and more cost- efficient development of the hydrogen infrastructure.
Amendment 265 #
Proposal for a directive Recital 113 (113) Providing information on infrastructure that can be decommissioned within the net
Amendment 266 #
Proposal for a directive 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 267 #
Proposal for a directive Recital 113 a (new) (113 a)Member States should introduce network development plans for distribution systems. These plans should support the regulatory authority in determining the need for expansion, upgrades or decommissioning of the network. These plans should in particular lay down a pathway that demonstrates the decommissioning of the gas networks for low temperature heating, such as the residential buildings sector, aiming at priority use for hydrogen for hard to abate sectors and to phase out the use of gas in the heating sector. These plans should be prepared following a process that is transparent and open to public consultation. 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, energy system integration and energy storage and take into account the increased links between gas, electricity and heat networks as well as local heating and cooling plans.
Amendment 268 #
Amendment 269 #
Proposal for a directive Recital 114 (114) In Member States where a hydrogen network will be developed,
Amendment 270 #
Proposal for a directive Recital 115 (115) Information contained in the net
Amendment 271 #
Proposal for a directive Recital 117 (117) In contrast to electricity, the role of
Amendment 272 #
Proposal for a directive 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.
Amendment 273 #
Proposal for a directive Recital 117 a (new) (117 a) Distribution system operators should prepare network development plans in order to support the regulatory authority in developing its integrated net zero infrastructure plan, in determining whether to expand, upgrade, or decommission networks, and to ensure the achievement of a fossil gas phase-out by 2035 and the Union’s climate and energy obligations. The distribution network development planning process should be transparent and open to the public, and the draft and final plans should be made publicly available. The plans should also be based on objective information, promote integrated energy systems, and abide by the energy efficiency first principle. These plans should also incorporate and be based on local heat and building stock planning and on available renewable energy mapping and planning.
Amendment 274 #
Proposal for a directive Recital 119 Amendment 275 #
Proposal for a directive Recital 119 Amendment 276 #
Proposal for a directive Recital 119 (119) It is necessary to progress towards interconnected hydrogen markets in the Union and thereby facilitate investments in cross-border hydrogen infrastructure. Under the regulated third-party access regime,
Amendment 277 #
Proposal for a directive Recital 119 (119) It is necessary to progress towards interconnected hydrogen markets in the Union and thereby facilitate investments in cross-border hydrogen infrastructure. Under the regulated third-party access regime,
Amendment 278 #
Proposal for a directive 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,
Amendment 279 #
Proposal for a directive 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
Amendment 280 #
Proposal for a directive 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 new contracts concluded after the entry into force of the directive for the supply of unabated fossil gas will not be able to run beyond 2049. Such contracts shall always
Amendment 281 #
Proposal for a directive 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
Amendment 282 #
Proposal for a directive 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 20
Amendment 283 #
Proposal for a directive 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 (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,
Amendment 285 #
Proposal for a directive 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
Amendment 286 #
Proposal for a directive 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 the public, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of the delegated acts. The 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 287 #
Proposal for a directive 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-Making
Amendment 288 #
Proposal for a directive 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 that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making
Amendment 289 #
Proposal for a directive Article 1 – paragraph -1 (new) -1. This Directive establishes a common framework for the phase out of natural gas supply by 2035 at the latest and for the decommissioning of related infrastructure assets. To this end the rules established by this Directive promote the energy efficiency first principle, further energy system integration, contribute to the prudent and rational utilisation of natural resources, to the achievement of the Union’s climate and energy targets, provide for fair attributions of costs and benefits as well as for clear identification of roles and responsibilities among market participants.
Amendment 290 #
1. This Directive establishes common rules for the transmission, distribution, supply and storage of gases within the meaning of Article 2, point (2) using the natural gas system defined in point (3) of that Article
Amendment 291 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive establishes common rules for the transmission, distribution, supply and storage of gases within the meaning of Article 2, point (
Amendment 292 #
Proposal for a directive Article 1 – paragraph 1 a (new) 1 a. The rules for natural gas, including LNG, established by this Directive shall also apply in a non- discriminatory way to biogas, biomethane and gas from biomass or other types of gas, insofar as such gases can technically and safely be injected into, and transported through, the natural gas system. The rules for natural gas established by this Directive also apply to hydrogen insofar as it is injected into the natural gas system.
Amendment 293 #
Proposal for a directive Article 1 – paragraph 2 Amendment 294 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive establishes rules for the transport, supply and storage of natural gas and the transition, including decommissioning, of the natural gas system to
Amendment 295 #
Proposal for a directive 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
Amendment 296 #
Proposal for a directive 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-carbon gases.
Amendment 297 #
Proposal for a directive Article 1 – paragraph 3 3. This Directive establishes common rules for the transport, supply and storage of renewable hydrogen using the hydrogen system. It lays down the rules relating to the organisation and functioning of this sector, access to the market, the criteria and procedures applicable to the granting of
Amendment 298 #
Proposal for a directive Article 1 – paragraph 4 Amendment 299 #
Proposal for a directive 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 300 #
Proposal for a directive Article 1 – paragraph 4 4. This Directive establishes rules for the progressive establishment of a Union- wide interconnected hydrogen system contributing to the reduction of net greenhouse gas emissions of
Amendment 301 #
Proposal for a directive Article 1 – paragraph 4 4. This Directive establishes rules for the progressive establishment of a Union- wide interconnected hydrogen system contributing to the reduction of net greenhouse gas emissions of
Amendment 302 #
Proposal for a directive 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 303 #
Proposal for a directive Article 1 – paragraph 4 a (new) 4 a. The rules established by this Directive shall promote energy system integration, 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 to 2015.
Amendment 304 #
Proposal for a directive Article 2 – paragraph 1 – point -1 (new) (-1) ‘fossil gas’ means gas of fossil origin that primarily consist of methane;
Amendment 305 #
Proposal for a directive Article 2 – paragraph 1 – point 1 (1) ‘ natural gas’ means
Amendment 306 #
Proposal for a directive Article 2 – paragraph 1 – point 1 (1) ‘natural gas’ means all gases that primarily consist of methane,
Amendment 307 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point a (new) a) ‘Biomethane’ means a gaseous mixture mostly made of methane from biomass sources, including biogas as defined in Article 2(28) of Directive2018/2001, and that meets the technical specifications of gas quality for a safe injection into the natural gas system. This also includes biomethane from landfill gas and from sewage treatment plant gas.
Amendment 308 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point b (new) b) ‘hydrogen’ means all gases that primarily consist of hydrogen and that can technically and safely be injected into and transported through the hydrogen system or the natural gas system in blending or. This includes ‘low-carbon hydrogen’ as defined in this Article, renewable gaseous fuels that are fuels of non-biological origins (‘RFNBOs’) as defined in Article 2(36) of Directive 2018/2001 as well as ‘hydrogen from biological source’ understood as hydrogen of renewable origin derived from biomass sources as defined in Article 2(28) of the Directive 2018/2001.
Amendment 309 #
(1 a) ‘biomethane’ means a gaseous mixture mostly made of methane from biomass sources, including biogas as defined in Article 2(28) of Directive 2018/2001, and that meets the technical specifications of gas quality for a safe injection into and transport through the natural gas system. This also includes biomethane from landfill gas and from sewage treatment plant gas."
Amendment 310 #
Proposal for a directive Article 2 – paragraph 1 – point 1 a (new) (1 a) ‘abated gas’ means natural gas the carbon content of which has been captured by using CCUS technology ;
Amendment 311 #
Proposal for a directive Article 2 – paragraph 1 – point 1 a (new) (1 a) 'hydrogen’ means all gases, from renewable or non-renewable sources, that primarily consist of dihydrogen;
Amendment 312 #
Proposal for a directive Article 2 – paragraph 1 – point 1 a (new) (1 a) hydrogen’ means all gases from renewable or non-renewable sources, that primarily consist of dihydrogen;
Amendment 313 #
Proposal for a directive Article 2 – paragraph 1 – point 1 b (new) Amendment 314 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) ‘renewable gas’ means biogas
Amendment 315 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) ‘renewable gas’ means biogas
Amendment 316 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) ‘renewable gas’ means biogas as defined in Article 2, point (28) of Directive 2018/2001,
Amendment 317 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) ‘renewable gas’ means biogas as
Amendment 318 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) ‘renewable gas’ means biogas
Amendment 319 #
Proposal for a directive 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
Amendment 320 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) ‘renewable gas’ means biogas as defined in Article 2, point (28) of Directive 2018/2001, including biomethane, bio- hydrogen and renewable gaseous fuels part of fuels of non-biological origins (‘RFNBOs’) as defined in Article 2, point (36) of that Directive’;
Amendment 321 #
Proposal for a directive Article 2 – paragraph 1 – point 2 a (new) Amendment 322 #
Proposal for a directive Article 2 – paragraph 1 – point 2 a (new) (2 a) ‘bio-hydrogen’ means hydrogen produced from biomass fuels as defined in Article 2, point (27) of Directive 2018/2001;
Amendment 323 #
Proposal for a directive Article 2 – paragraph 1 – point 2 a (new) (2 a) ‘bio-hydrogen’ means hydrogen produced from biomass fuels as defined in Article 2, point (27) of Directive 2018/2001;
Amendment 324 #
Proposal for a directive Article 2 – paragraph 1 – point 3 (3) ‘gases’ mean natural, renewable and low-carbon gas and hydrogen;
Amendment 325 #
Proposal for a directive Article 2 – paragraph 1 – point 3 (3) ‘gases’ mean fossil gas, natural gas and renewable hydrogen;
Amendment 326 #
(3) ‘gases’ mean natural gas, biogas, biomethane, and hydrogen;
Amendment 327 #
Proposal for a directive Article 2 – paragraph 1 – point 3 (3) ‘gases’ mean natural gas, biogas, biomethane, and hydrogen;
Amendment 328 #
Proposal for a directive Article 2 – paragraph 1 – point 4 (4) ‘natural gas system’ means a system of infrastructures, including pipelines, LNG terminals
Amendment 329 #
Proposal for a directive Article 2 – paragraph 1 – point 4 (4) ‘natural gas system’ means a system of infrastructures, including pipelines, LNG terminals
Amendment 330 #
Proposal for a directive Article 2 – paragraph 1 – point 4 (4) ‘natural gas system’ means a system of infrastructures, including pipelines, LNG terminals, blending facilities and storage facilities, which transports gases, that primarily consist of methane and include
Amendment 331 #
Proposal for a directive Article 2 – paragraph 1 – point 6 a (new) (6 a) ‘hydrogen storage operator’ means a natural or legal person who carries out the function of storage of hydrogen of a high-grade purity and is responsible for operating a hydrogen storage facility;
Amendment 332 #
Proposal for a directive Article 2 – paragraph 1 – point 8 (8) ‘hydrogen terminal’ means an installation used for the transformation of liquid hydrogen or
Amendment 333 #
Proposal for a directive Article 2 – paragraph 1 – point 8 a (new) (8 a) ‘hydrogen terminal operator’ means a natural or legal person who carries out the function of transformation of liquid hydrogen or liquid ammonia into gaseous hydrogen for injection into the hydrogen network or the liquefaction of gaseous hydrogen and is responsible for operating a hydrogen terminal;
Amendment 334 #
Proposal for a directive Article 2 – paragraph 1 – point 10 Amendment 335 #
Proposal for a directive Article 2 – paragraph 1 – point 10 (10) ‘low-carbon hydrogen’ means hydrogen the energy content of which is derived from non-renewable, fossil-free sources, which meets a greenhouse gas emission reduction threshold
Amendment 336 #
Proposal for a directive 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
Amendment 337 #
Proposal for a directive Article 2 – paragraph 1 – point 10 (10) ‘low-carbon hydrogen’ means hydrogen the energy content of which is derived from non-renewable fossil fuels sources, which meets a life-cycle greenhouse gas emission reduction threshold of 70%
Amendment 338 #
Proposal for a directive 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 70% to a fossil fuel comparator of 94g CO2e/MJ; ;
Amendment 339 #
Proposal for a directive 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
Amendment 340 #
Proposal for a directive Article 2 – paragraph 1 – point 11 Amendment 341 #
Proposal for a directive Article 2 – paragraph 1 – point 11 (11) ‘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, low-carbon hydrogen and synthetic gaseous fuels the energy content of which is derived from low-carbon hydrogen, which meet the life-cycle greenhouse gas emission reduction threshold of 70% compared to the fossil fuel comparator of 94g CO2eq/MJ set out in Directive (EU) 2018/2001.
Amendment 342 #
Proposal for a directive Article 2 – paragraph 1 – point 11 (11)
Amendment 343 #
Proposal for a directive Article 2 – paragraph 1 – point 11 a (new) (11 a) ‘waste gas’ means a gas containing incompletely oxidised carbon in a gaseous state under standard conditions which is a result of any of the processes listed in point (10), where ‘standard conditions’ means temperature of 273,15 K and pressure conditions of 101 325 Pa defining normal cubic meters (Nm3) according to Article 3(52) of Commission Implementing Regulation (EU) 2018/2066.
Amendment 344 #
Proposal for a directive Article 2 – paragraph 1 – point 11 a (new) (11 a) ‘waste gas’ means a gas containing incompletely oxidised carbon in a gaseous state under standard conditions which is a result of any of the processes listed in point (10), where ‘standard conditions’ means temperature of 273,15 K and pressure conditions of 101 325 Pa defining normal cubic meters (Nm3)according to Article 3(52) of Commission Implementing Regulation (EU) 2018/2066.
Amendment 345 #
Proposal for a directive Article 2 – paragraph 1 – point 12 Amendment 346 #
Proposal for a directive Article 2 – paragraph 1 – point 12 (12) ‘low-carbon fuels’ means recycled carbon fuels as defined in Article 2 of
Amendment 347 #
Proposal for a directive Article 2 – paragraph 1 – point 11 a (new) (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 70% and waste gases as defined in Article 2(11) of Delegated Regulation of the Commission XX/XX on Transitional Union-wide rules for harmonised free allocation of emission allowances.
Amendment 348 #
Proposal for a directive 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 70% compared to the fossil fuel comparator of 94g CO2eq/MJ set out in Directive (EU) 2018/2001.
Amendment 349 #
Proposal for a directive 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 70%
Amendment 350 #
Proposal for a directive Article 2 – paragraph 1 – point 12 (12)
Amendment 351 #
Proposal for a directive 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
Amendment 352 #
Proposal for a directive Article 2 – paragraph 1 – point 14 (14) ‘natural gas undertaking’ means a natural or legal person carrying out production, transmission, distribution, supply, purchase or storage of natural gas, including LNG, and biomethane, including its liquefied form, and which is responsible for the commercial, technical or maintenance tasks related to those functions, but not including final customers;
Amendment 353 #
Proposal for a directive Article 2 – paragraph 1 – point 16 (16) ‘transmission’ means the transport of natural gas and biomethane through a network, which mainly contains high- pressure pipelines, other than an upstream pipeline network and other than the part of high-pressure pipelines primarily used in the context of local distribution of natural gas and biomethane, with a view to its delivery to customers, but not including supply;
Amendment 354 #
Proposal for a directive Article 2 – paragraph 1 – point 16 (16) ‘transmission’ means the transport of natural gas and biomethane through a network, which mainly contains high- pressure pipelines, other than an upstream pipeline network and other than the part of high-pressure pipelines primarily used in the context of local distribution of natural gas and biomethane, with a view to its delivery to customers, but not including supply;
Amendment 355 #
Proposal for a directive Article 2 – paragraph 1 – point 18 (18) ‘distribution’ means the transport of natural gas and biomethane through local or regional pipeline networks with a view to its delivery to customers, but not including supply;
Amendment 356 #
Proposal for a directive Article 2 – paragraph 1 – point 18 (18) ‘distribution’ means the transport of natural gas and biomethane through local or regional pipeline networks with a view to its delivery to customers, but not including supply;
Amendment 357 #
Proposal for a directive Article 2 – paragraph 1 – point 20 (20) ‘hydrogen network’ means a network of pipelines used for the transport of hydrogen of a high grade of purity with a view to its delivery to customers irrespective of transmission or distribution, but not including supply
Amendment 358 #
Proposal for a directive Article 2 – paragraph 1 – point 20 (20) ‘hydrogen network’ means a network of pipelines, both onshore and offshore, used for the transport of hydrogen of a high grade of purity with a view to its delivery to customers, but not including supply;
Amendment 359 #
Proposal for a directive Article 2 – paragraph 1 – point 20 (20) ‘hydrogen network’ means a network of pipelines
Amendment 360 #
Proposal for a directive Article 2 – paragraph 1 – point 21 (21) ‘hydrogen transport’ means the transport of hydrogen through a hydrogen network with a view to its delivery to customers, but not including supply, irrespective of t
Amendment 361 #
Proposal for a directive Article 2 – paragraph 1 – point 21 a (new) (21 a) ‘hydrogen transmission’ means the transport of hydrogen through a network, which mainly contains high- pressure pipelines, including those used in the context of local transport, with a view to its delivery to customers, but not including supply;
Amendment 362 #
Proposal for a directive Article 2 – paragraph 1 – point 21 b (new) (21 b) ‘hydrogen distribution’ means the local transport of hydrogen, mainly through pipeline networks with low- pressures with a view to its delivery to customers or with a view to its delivery to a hydrogen transmission network, but not including supply;
Amendment 363 #
Proposal for a directive Article 2 – paragraph 1 – point 22 a (new) (22 a) ‘hydrogen transmission network operator’ is a hydrogen network operator that carries out hydrogen transmission;
Amendment 364 #
Proposal for a directive Article 2 – paragraph 1 – point 22 b (new) (22 b) ‘hydrogen distribution network operator’ is a hydrogen network operator that carries out hydrogen distribution;
Amendment 365 #
Proposal for a directive Article 2 – paragraph 1 – point 24 a (new) (24 a) ‘hydrogen supply undertaking’ means any natural or legal person who carries out the function of hydrogen supply;
Amendment 366 #
Proposal for a directive Article 2 – paragraph 1 – point 30 a (new) (30 a) 'tolling scheme' means a business model where the facility operator provides a service (operates the facility for the benefit of the user) for a service fee and does not sell product, based on a service contract concluded between the facility operator and the user, according to which the facility operator produces hydrogen or synthetic gas for the user whereby the user acquires first ownership over the product. Under this scheme a user gains access to use a facility by means of payment of a tolling fee to the facility’s operator, and takes ownership of the produced commodity, and thereby the facility’s operator does not engage in activities of supply and trading.
Amendment 367 #
Proposal for a directive Article 2 – paragraph 1 – point 30 a (new) (30 a) 'tolling model' means a business model where a user gains access to use a facility bymeans of payment of a tolling fee to the facilities owner or operator;
Amendment 368 #
Proposal for a directive Article 2 – paragraph 1 – point 35 (35) ‘direct line’ means a natural gas, renewable gas and hydrogen pipeline complementary to the interconnected system;
Amendment 369 #
Proposal for a directive Article 2 – paragraph 1 – point 35 a (new) Amendment 370 #
Proposal for a directive Article 2 – paragraph 1 – point 41 Directive 2009/73/EC Article 2 – paragraph 1 – point 41 (41) ‘customer’ means a wholesale or final customer of gases or a
Amendment 371 #
Proposal for a directive 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 372 #
Proposal for a directive Article 2 – paragraph 1 – point 48 (48) ‘security’ means both security of supply of
Amendment 373 #
Proposal for a directive Article 2 – paragraph 1 – point 53 (53) ‘entry-exit system’ means the aggregation of all transmission
Amendment 374 #
Proposal for a directive Article 2 – paragraph 1 – point 53 (53) ‘entry-exit system’ means
Amendment 375 #
Proposal for a directive Article 2 – paragraph 1 – point 53 (53) ‘entry-exit system’ means the aggregation of all transmission and distribution systems or all hydrogen networks to which one specific balancing regime applies;
Amendment 376 #
Proposal for a directive Article 2 – paragraph 1 – point 54 (54) ‘balancing zone’ means an entry- exit system to which a specific balancing regime is appli
Amendment 377 #
Proposal for a directive Article 2 – paragraph 1 – point 55 (55) ‘virtual trading point’ means a non- physical commercial point within an entry- exit system where gases are exchanged between a seller and a buyer without the need to book
Amendment 378 #
Proposal for a directive Article 2 – paragraph 1 – point 56 (56) ‘entry point’ means a point subject to booking procedures by network users or producers providing access to an entry-exit system
Amendment 379 #
Proposal for a directive Article 2 – paragraph 1 – point 57 (57) ‘exit point’ means a point subject to booking procedures by network users or final customers providing access to an entry-exit system, enabling gas flows out of the entry exit system
Amendment 380 #
Amendment 381 #
Proposal for a directive Article 2 – paragraph 1 – point 70 Amendment 382 #
Proposal for a directive Article 2 – paragraph 1 – point 70 – introductory part (70) ‘
Amendment 383 #
Proposal for a directive Article 2 – paragraph 1 – point 70 – point a Amendment 384 #
Proposal for a directive Article 2 – paragraph 1 – point 70 – point b Amendment 385 #
Proposal for a directive Article 2 – paragraph 1 – point 70 – point c Amendment 386 #
Proposal for a directive Article 2 – paragraph 1 – point 70 – point c (c) engages in production, distribution, supply, consumption, or storage of renewable or low-carbon gas in the natural gas or hydrogen system, or provides energy efficiency services or maintenance services to its members or shareholders;
Amendment 387 #
Proposal for a directive Article 2 – paragraph 1 – point 70 – point c (c) engages in production, distribution, supply, consumption, or storage of renewable or low-carbon gas in the natural gas or hydrogen system, or provides energy efficiency services or maintenance services to its members or
Amendment 388 #
Proposal for a directive Article 2 – paragraph 1 – point 70 – point c (c) engages in production, distribution, supply, consumption, or storage of renewable
Amendment 389 #
Proposal for a directive Article 2 – paragraph 1 – point 71 (71) ‘renewable-gas active customer’ means a non-household final natural gas customer in the agricultural or public sector, or a group of jointly acting non- household final natural gas customers, who consumes or stores renewable gas, produced within its premises located within confined boundaries or, where permitted by a Member State, within other premises, or who sells self-produced renewable gas using the natural gas system, or participates in
Amendment 390 #
Proposal for a directive Article 2 – paragraph 1 – point 71 (71) ‘active customer’ means a final
Amendment 391 #
(71) ‘active customer’ means a final natural gas or hydrogen customer, or a group of jointly acting final natural gas or hydrogen customers, who consumes or stores renewable gas, produced within its premises located within confined boundaries or, where permitted by a Member State, within other premises, or who sells self-produced
Amendment 392 #
Proposal for a directive Article 2 – paragraph 1 – point 71 (71) ‘active customer’ means a final
Amendment 393 #
Proposal for a directive Article 2 – paragraph 1 – point 71 (71) ‘active customer’ means a final
Amendment 394 #
Proposal for a directive 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 395 #
Proposal for a directive Article 2 – paragraph 1 – point 71 a (new) (71 a) ‘regulated energy conversion’ means conversion of electrical energy into a form of energy which can be stored upon the payment of a regulated ‘conversion fee’ to the transmission system operator.
Amendment 396 #
Proposal for a directive Article 2 – paragraph 1 – point 71 a (new) (71 a) ‘regulated energy conversion’ means conversion of electrical energy into a form of energy which can be stored upon the payment of a regulated ‘conversion fee’ to the transmission system operator.
Amendment 397 #
Proposal for a directive Article 2 – paragraph 1 – point 71 a (new) (71 a) 'energy efficiency first’ means ‘energy efficiency first’ as defined in Article2, point (18) of Regulation (EU) 2018/1999.
Amendment 398 #
Proposal for a directive 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 399 #
Proposal for a directive Article 2 – paragraph 1 – point 71 b (new) (71 b) '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 400 #
Proposal for a directive Article 2 – paragraph 1 – point 71 b (new) (71 b) ‘regulated energy conversionfacility’ means a facility where regulated energy conversion occurs and whereby access to the facility is granted on a third party access basis.
Amendment 401 #
Proposal for a directive Article 2 – paragraph 1 – point 71 b (new) (71 b) ‘regulated energy conversion facility’ means a facility where regulated energy conversion occurs and whereby access to the facility is granted on a third party access basis.
Amendment 402 #
Proposal for a directive Article 2 – paragraph 1 – point 71 c (new) (71 c) ‘conversion fee’ means a regulated payment that a market user pays to the transmission system operator or to the hydrogen network operator to feed electricity into the facility and receive hydrogen in return. The transmission system operator or the hydrogen network operator owns the regulated energy conversion facility and provides an infrastructure service without engaging neither in trading nor supply of hydrogen. Access to the facilities take place on a third party access basis
Amendment 403 #
Proposal for a directive 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 404 #
Proposal for a directive Article 2 – paragraph 1 – point 71 c (new) (71 c) ‘conversion fee’ means a regulated payment that a market user pays to the transmission system operator or to the hydrogen network operator to feed electricity into the facility and receive hydrogen in return.
Amendment 405 #
Proposal for a directive Article 2 – paragraph 1 – point 71 c (new) (71 c) 'public’ means public as defined in Regulation(EC) No 1367/2006, Article 2, point (b).
Amendment 406 #
Proposal for a directive Article 2 – paragraph 1 – point 71 d (new) (71 d) ‘network related component’ means components that are integrated in the transmission system, distribution system or hydrogen network and that are used for the purpose of ensuring a secure and reliable operation of the transmission or distribution system or hydrogen system as well as for minimising whole system costs through sector coupling solutions, including Redispatching activities, as referred to in Regulation (EU) 2019/943, Article 13, where the regulatory authority has granted its approval;
Amendment 407 #
Proposal for a directive Article 2 – paragraph 1 – point 71 d (new) (71 d) ‘network related component’ means components that are integrated in the transmission system, distribution system or hydrogen network and that are used for the purpose of ensuring a secure and reliable operation of the transmission or distribution system or hydrogen system as well as for minimizing whole system costs through sector coupling solutions, including redispatching activities, as referred to in Regulation (EU) 2019/943, Article 13, where the regulatory authority has granted its approval;
Amendment 408 #
Proposal for a directive Article 2 – paragraph 1 – point 71 d (new) (71 d) ‘low-temperature industrial heat’ means thermal energy used by the industrial sector for any purpose, including space heating, water heating, steam production, heat treatments of intermediate goods, etc., for any application requiring a maximum temperature of 200 degrees Celsius or lower and for the production of products that fall under sections B, C, F and J, division (63) of the statistical classification of economic activities (NACE REV.2);
Amendment 409 #
Proposal for a directive 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 410 #
Proposal for a directive Article 2 – paragraph 1 – point 71 e (new) (71 e) ‘medium-temperature industrial heat’ means thermal energy used by the industrial sector for any industrial process application requiring a maximum temperature greater than 200 degrees Celsius and no higher than 500 degrees Celsius and for the production of products that fall under sections B, C, F and J, division (63) of the statistical classification of economic activities (NACE REV.2);
Amendment 411 #
Proposal for a directive Article 2 – paragraph 1 – point 71 f (new) (71 f) 'hydrogen ready’ means infrastructure ready to accommodate pure hydrogen without further adaptation works, including pipeline networks or storage facilities that are newly constructed, repurposed from natural gas assets, or both;
Amendment 412 #
Proposal for a directive Article 2 – paragraph 1 – point 71 g (new) (71 g) ‘repurposing’ means the technical upgrading or modification of existing natural gas infrastructure in order to ensure that it is dedicated for the use of pure hydrogen;
Amendment 413 #
Proposal for a directive Article 3 – paragraph 1 Directive 2009/73/EC Article 3 – paragraph 1 1. Member States shall ensure that all customers are free to purchase gases from the supplier of their choice and shall ensure that all customers are free to have more than one supply contract for natural gas, renewable gas or hydrogen at the same time, provided that the required connection and metering points are established and sufficient technical safety conditions are in place.
Amendment 414 #
Proposal for a directive Article 3 – paragraph 2 2. Member States shall ensure that their national law does promotes a highly energy efficient and fully renewables- based energy market, not unduly hamper cross-border trade in gases, the phase out of fossil gas use and assets, the functioning and emergence of liquid trading for gases, consumer participation, investments into, in particular, renewable
Amendment 415 #
Proposal for a directive Article 3 – paragraph 2 Directive 2009/73/EC Article 3 – paragraph 2 2. Member States shall ensure that their national law does not unduly hamper cross-border trade in gases, the functioning and emergence of liquid trading for gases, consumer participation, investments into, in particular, renewable and low carbon gases,
Amendment 416 #
Proposal for a directive Article 3 – paragraph 4 4. Member States shall ensure that energy undertakings are subject to transparent, proportionate and non- discriminatory rules, fees and treatment, in particular with respect to connection to the network, access to wholesale markets, access to data, switching processes and billing regimes and, where applicable, licensing.
Amendment 417 #
Proposal for a directive Article 3 – paragraph 4 4. Member States shall ensure that energy undertakings are subject to transparent, proportionate and non- discriminatory rules, fees and treatment, in particular with respect to connection to the network, access to wholesale markets, access to data, switching processes and billing regimes
Amendment 418 #
Proposal for a directive Article 3 – paragraph 4 4. Member States shall ensure that energy undertakings are subject to transparent, proportionate and non- discriminatory rules, fees and treatment, in particular with respect to grid connection, access to wholesale markets, access to data, switching processes and billing regimes and, where applicable, licensing.
Amendment 419 #
Proposal for a directive Article 3 – paragraph 5 a (new) 5 a. In line with the EU Hydrogen Strategy and the EU Strategy for Energy System Integration, the use of renewable and low-carbon fuels including hydrogen shall, in the early stages of market development, be prioritised for energy- intensive industries, including small and medium-sized enterprises, with the highest greenhouse gas abatement potential that have no other options to decarbonise.
Amendment 420 #
Proposal for a directive Article 3 a (new) Article 3 a EU indicative greenhouse gas intensity reduction target of the 2030 gas supply 1. In order to promote the production of renewable and low carbon gaseous energy the European Commission shall define by 31 December 2023 by means of a Delegated Act, an indicative EU level target for the reduction of the greenhouse gas intensity of gas consumed in the EU by 2030 compared to 2018 level. The Delegated Act should also specify the methodology for calculating the achievement of the target. 2. When setting the indicative target, the Commission shall take into account the combined ambition of the Renewable Energy Directive and REPowerEU as well as requirements of security of supplies and quality requirements for cross-border transmission of natural gas. 3. Member States shall collectively aim at ensuring that the EU indicative greenhouse gas intensity reduction target is met and define by August 2024 their individual national contribution towards the achievement of the target in their National Energy and Climate Plan. 4. When setting their individual national contribution towards the EU level, Member States may do so, by mean of measures such as volumes, energy content or greenhouse gas emissions and shall establish differentiated sectorial approaches. They shall also take into account necessary quality requirements.
Amendment 421 #
Proposal for a directive Article 3 a (new) Article 3 a Promotion of the use of hydrogen in the industry At the early stages of the hydrogen market, Member States shall ensure the prioritisation of hydrogen supply to sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.
Amendment 422 #
Proposal for a directive Article 3 a (new) Article 3 a 1. Member States shall ensure that at the early stages of the hydrogen market, the supply of hydrogen is prioritised to sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.
Amendment 423 #
Proposal for a directive Article 4 – paragraph 1 1. Suppliers shall be free to determine the price at which they supply gases to customers. Member States shall take appropriate actions to ensure effective competition between suppliers, as well as ensure a level playing field between gases, electricity and thermal renewables, and to address undue discrimination between final customers.
Amendment 424 #
Proposal for a directive Article 4 – paragraph 1 1. Suppliers shall be free to determine the price at which they supply gases to customers. Member States shall take appropriate actions to ensure effective competition between suppliers
Amendment 425 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1 a. If there is evidence of market abuse in the retail market, the respective National Regulatory Authority shall intervene immediately. It shall also introduce a cap on the margins and profits, which suppliers take unduly on the gas component of the retail price. Member States shall tax windfall profits arising from undue retail prices.
Amendment 426 #
Proposal for a directive Article 4 – paragraph 2 2. Member States shall ensure the protection of energy poor and vulnerable household customers pursuant to Articles 25 by social policy or by other means
Amendment 427 #
Proposal for a directive Article 4 – paragraph 3 Amendment 428 #
Proposal for a directive Article 4 – paragraph 3 3. By way of derogation from paragraphs 1 and 2, Member States may apply public interventions in the price setting for the supply of natural gas to energy poor or vulnerable household customers or protected customers as defined in Regulation(EU) 2017/1938. Such public interventions shall be subject to the conditions set out in paragraphs 4 and 5. In the event of unprecedented price increase, interventions that comply with the criteria set out in paragraphs 4 and 5 could be expanded to other limited number of customer groups in order to avoid significant impact on the society.
Amendment 429 #
Proposal for a directive Article 4 – paragraph 3 3. By way of derogation from paragraphs 1 and 2, Member States may apply public interventions in the price setting for the supply of natural gas to energy poor or vulnerable household customers or protected customers as defined in Regulation (EU) 2017/1938. Such public interventions shall be subject to the conditions set out in paragraphs 4 and 5.
Amendment 430 #
Proposal for a directive Article 4 – paragraph 3 3. By way of derogation from paragraphs 1 and 2, Member States
Amendment 431 #
Proposal for a directive Article 4 – paragraph 3 3. By way of derogation from paragraphs 1 and 2, Member States may apply public interventions in the price setting for the supply of
Amendment 432 #
Proposal for a directive Article 4 – paragraph 3 a (new) 3 a. In the event of unprecedented price increase, interventions that comply with the criteria set out in paragraphs 4 and 5 could be expanded to other limited number of customer groups in order to avoid significant impact on the society.
Amendment 433 #
Proposal for a directive Article 4 – paragraph 4 Amendment 434 #
Proposal for a directive Article 4 – paragraph 4 – point a (a) pursue a
Amendment 435 #
Proposal for a directive Article 4 – paragraph 5 5. Any Member State applying public interventions in the price setting for the supply of natural gas
Amendment 436 #
Proposal for a directive Article 4 – paragraph 6 Amendment 437 #
Proposal for a directive 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
Amendment 438 #
Proposal for a directive Article 4 – paragraph 7 Amendment 439 #
Proposal for a directive Article 4 – paragraph 7 – point d Amendment 440 #
Proposal for a directive Article 4 – paragraph 7 – point d (d) be designed
Amendment 441 #
Proposal for a directive Article 4 – paragraph 7 – point e (e) ensure that all beneficiaries of such public interventions have the possibility to choose competitive market offers and are directly informed at least every quarter of the availability of offers and savings in the competitive market, and
Amendment 442 #
Proposal for a directive Article 4 – paragraph 7 – point f Directive 2009/73/EC Article 4 – paragraph 7 – point f Amendment 443 #
Proposal for a directive Article 4 – paragraph 7 – point f (f) ensure that, pursuant to Articles 18 and 19, all beneficiaries of such public interventions are entitled to, and are offered to, have smart meters installed at no extra upfront cost to the customer, are directly informed of the possibility of installing smart meters and are provided at no cost with necessary assistance;
Amendment 444 #
Proposal for a directive Article 4 – paragraph 8 Amendment 445 #
Proposal for a directive Article 4 – paragraph 9 Amendment 446 #
Proposal for a directive Article 4 – paragraph 10 Amendment 447 #
Proposal for a directive Article 4 – paragraph 10 10. The Commission shall review and submit a report to the European Parliament and to the Council on the implementation of this Article for the purpose of achieving market-based retail pricing of natural gas, together with or followed by a legislative
Amendment 448 #
Proposal for a directive Article 4 a (new) Amendment 449 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure, on the basis of their institutional organisation and with due regard to the principle of subsidiarity, that, without prejudice to paragraph 2, natural gas and hydrogen undertakings are operated in accordance with the principles of this Directive with a view to achieving a competitive, secure and environmentally sustainable market in gases , and shall not discriminate between those undertakings as regards their rights or obligations and not discriminate against undertakings fulfilling the same services on a renewable basis or through direct renewable electrification.
Amendment 450 #
Proposal for a directive Article 5 – paragraph 2 2. Having full regard to the relevant
Amendment 451 #
Proposal for a directive Article 5 – paragraph 2 2. Having full regard to the relevant provisions of the TFEU , in particular Article 106 thereof, Member States may
Amendment 452 #
Proposal for a directive Article 5 – paragraph 2 2. Having full regard to the relevant provisions of the TFEU , in particular Article 106 thereof, Member States may impose on natural gas and hydrogen undertakings , in the general economic interest, public service obligations which may relate to security, including security of supply, regularity, and quality of supplies, and environmental protection, including energy efficiency, energy from renewable and low-carbon sources and climate protection. Such obligations shall be clearly defined,
Amendment 453 #
Proposal for a directive Article 5 – paragraph 2 2. Having full regard to the relevant provisions of the TFEU , in particular Article 106 thereof, Member States may impose on natural gas and hydrogen undertakings , in the general economic interest, public service obligations which may relate to security, including security of supply, regularity, price and quality of supplies, and environmental protection, including energy efficiency, energy from renewable sources and climate protection. Such obligations shall be clearly defined, transparent, non-discriminatory, verifiable and shall guarantee equality of access for natural gas undertakings and hydrogen undertakings of the Union to national consumers.
Amendment 454 #
Amendment 455 #
Proposal for a directive 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 456 #
Proposal for a directive 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, and the gas switch plans according to Article 11a new.
Amendment 457 #
Proposal for a directive Article 5 – paragraph 5 a (new) 5 a. Any public service obligation or measure imposed or adopted pursuant to this article shall promote energy system integration, 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 458 #
Proposal for a directive Article 5 – paragraph 5 b (new) 5 b. Member States shall consult relevant stakeholders when imposing or adopting a public service obligation or measure pursuant to this article. Without prejudice to other consultation or transparency provisions set forth in Union or the Member State’s laws, when engaging in such consultations the Member State shall comply with the following: a. The consultations shall take place at an early stage and in an open, inclusive and transparent manner, involving at least the following stakeholders: i. relevant market participants, ii. regulatory authorities and other relevant regional, local, urban and national authorities, iii. supply and production undertakings, iv. network users including consumer organisations, v. transmission system operators, vi. distribution system operators, vii. relevant industry associations and economic and social partners, including associations involved in electricity, gas and hydrogen markets, heating and cooling, independent aggregators, energy storage operators, demand-response operators and organisations involved in energy efficiency solutions, and viii. research organisations and universities, where applicable.
Amendment 459 #
Proposal for a directive 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 460 #
Proposal for a directive Article 5 – paragraph 5 b (new) Amendment 461 #
Proposal for a directive Article 5 – paragraph 5 c (new) Amendment 462 #
Proposal for a directive Article 5 – paragraph 5 c (new) Amendment 463 #
Proposal for a directive Article 5 – paragraph 5 c (new) 5 c. All documents and minutes of meetings related to the consultations shall be made publicly available.
Amendment 464 #
Proposal for a directive Article 5 – paragraph 5 d (new) 5 d. Before the Member State imposes or adopts a public service obligation or measure, it shall duly explain how the observations received during the consultation have been taken into consideration. It shall also duly justify all instances where observations have not been taken into account, or have only partially been taken into account. To ensure early and effective participation, Member States shall always publish a draft decision to impose or adopt a public service obligation or measure, for comment by the public and the stakeholders referenced above. Member States shall ensure that the public and such stakeholders are informed in a timely, adequate, and effective manner, including through public notices and electronic media, of: a. the draft decision being developed, b. all background documents and other information used for development of the draft decision, c. a non-technical summary of the information referred to under points (i) and (ii), and d. practical arrangements for participating, including a timetable for the decision to be made, the entities from which relevant information may be obtained and comments may be submitted, reasonable time-frames allowing sufficient time for the public to be informed and to prepare and participate effectively in the decision-making process, and an explanation of the information made available or to be made available during the consultation.
Amendment 465 #
Proposal for a directive Article 6 – paragraph 1 1. Member States as well as the regulatory authorities shall cooperate with each other for the purpose of integrating their national markets at one and more regional levels, towards the creation of regional markets, where Member States as well regulatory authorities so decided, and further towards the creation of a fully liberalised internal market. In particular, the regulatory authorities where Member States have so provided or Member States shall promote and facilitate the cooperation of natural gas transmission system operators and hydrogen network operators at a regional level, including on cross- border issues
Amendment 466 #
Proposal for a directive Article 6 – paragraph 1 1. Member States as well as the regulatory authorities shall cooperate with each other for the purpose of integrating their national markets at one and more regional levels, towards the creation of regional markets, where Member States as well regulatory authorities so decided, and further towards the creation of a fully liberalised internal market. In particular, the regulatory authorities where Member States have so provided or Member States shall promote and facilitate the cooperation of natural gas transmission system operators and hydrogen network operators at a regional level, including on cross- border issues , with the aim of creating a competitive internal market for gases , foster the consistency of their legal, regulatory and technical framework and facilitate integration of the isolated systems forming gas islands that persist in the Union . The geographical areas covered by such regional cooperation shall include cooperation in geographical areas defined in accordance with Article 28(3) of Regulation (EC) . Such cooperation may cover other geographical areas. Where the
Amendment 467 #
Proposal for a directive Article 6 – paragraph 1 1. Member States as well as the regulatory authorities shall cooperate with each other for the purpose of integrating their national markets at one and more regional levels, towards the creation of regional markets, where Member States as well regulatory authorities so decided, and further towards the creation of a fully liberalised internal market. In particular, the regulatory authorities where Member States have so provided or Member States shall promote and facilitate the cooperation of natural gas transmission system operators and hydrogen network operators at a regional level, including on cross- border issues , with the aim of creating a competitive internal market for gases , foster the consistency of their legal, regulatory and technical framework and facilitate integration of the isolated systems forming gas islands that persist in the Union . The geographical areas covered by
Amendment 468 #
Proposal for a directive Article 6 – paragraph 2 Directive 2009/73/EC Article 6 – paragraph 2 2. The Agency for the Cooperation of Energy Regulators (‘ACER ’) shall cooperate with regulatory authorities and transmission system operators to ensure the compatibility of regulatory frameworks between and within the regions with the aim of creating a competitive internal market in gases
Amendment 469 #
Proposal for a directive Article 6 – paragraph 2 2. The Agency for the Cooperation of Energy Regulators (‘ACER ’) shall cooperate with regulatory authorities and transmission system operators to ensure the compatibility of regulatory frameworks between and within the regions with the aim of creating a competitive internal market in gases and phasing out of fossil gas. Where ACER considers that binding rules on such cooperation are required, it shall make appropriate recommendations.
Amendment 470 #
Proposal for a directive Article 7 – paragraph 1 1. In circumstances where an authorisation (for example, a licence, permission, concession, consent or approval) is required for the construction or operation of natural gas facilities ,
Amendment 471 #
Proposal for a directive Article 7 – paragraph 1 1. In circumstances where an authorisation (for example, a licence, permission, concession, consent or approval) is required for the construction
Amendment 472 #
Proposal for a directive 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 appl
Amendment 473 #
Proposal for a directive 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
Amendment 474 #
Proposal for a directive 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
Amendment 475 #
Proposal for a directive Article 7 – paragraph 2 2. Where Member States have a system of authorisation, they shall lay down objective and non-discriminatory criteria which shall be met by an undertaking applying for an authorisation to supply gases or to construct and/or operate natural gas facilities
Amendment 476 #
Proposal for a directive Article 7 – paragraph 2 a (new) 2 a. Member States shall ensure that any national rules concerning the authorisation, are proportionate and necessary and contribute to the implementation of the energy efficiency first principle.
Amendment 477 #
Proposal for a directive Article 7 – paragraph 4 4. Member States shall assess which legislative and non-legislative measures are necessary to streamline authorisation procedures,
Amendment 478 #
Proposal for a directive Article 7 – paragraph 6 6. Member States shall set up or designate one or more contact points, where and when initiated by market participants. Those contact points shall, upon request by the applicant, and free of charge, guide through and facilitate the entire authorisation procedure for the activities referred to in paragraph 1 up to the delivery by the responsible authorities at the end of the procedure. The applicant shall not be required to contact more than one contact point for the entire process.
Amendment 479 #
Proposal for a directive Article 7 – paragraph 7 7. Member States shall ensure that authorisations under national law for the construction and operation of natural gas pipelines and other n
Amendment 480 #
Proposal for a directive Article 7 – paragraph 7 7. Member States shall ensure that authorisations under national law for the construction and operation of natural gas pipelines and other n
Amendment 481 #
Proposal for a directive Article 7 – paragraph 8 8. Member States shall ensure that existing
Amendment 482 #
Proposal for a directive Article 7 – paragraph 8 8. Member States shall ensure that existing
Amendment 483 #
Proposal for a directive Article 7 – paragraph 8 8. Member States shall ensure that existing
Amendment 484 #
Proposal for a directive Article 7 – paragraph 8 a (new) 8 a. Member States shall ensure that project promoters of any infrastructure for transport and storage of natural gas or biomethane - including pipelines, storage and LNG facilities - demonstrate to the national regulator, including through commercial contracts, that by 31 December 2029 the assets will effectively cease to be natural gas asset and become dedicated hydrogen assets. The project promoter shall furthermore present supply and demand assessment for the hydrogen supply. Member States shall ensure that authorisations are revocated if the infrastructure does not exclusively use hydrogen by 31 December 2029.
Amendment 485 #
Proposal for a directive Article 7 – paragraph 10 10. For the development of newly supplied areas and efficient operation generally, and without prejudice to Article 30, Member States
Amendment 486 #
Proposal for a directive Article 7 – paragraph 10 10. For the development of newly supplied areas and efficient operation generally, and without prejudice to Article 30, Member States may decline to grant a further authorisation to build and operate
Amendment 487 #
Proposal for a directive Article 8 – title Certification of renewable
Amendment 488 #
Proposal for a directive Article 8 – paragraph 1 1. Renewable gases, as defined in Article 2 point (2), shall be certified in accordance with Article 29 and 30 of Directive (EU) 2018/2001
Amendment 489 #
Proposal for a directive Article 8 – paragraph 1 1. Renewable gases shall be certified in accordance with Article 29 and 30 of Directive (EU) 2018/2001. To this end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of renewable gases and contains the minimum information provided in paragraph 7 of Article 19 of Directive (EU) 2018/2001.
Amendment 490 #
Proposal for a directive Article 8 – paragraph 1 1. Renewable gases shall be certified in accordance with Article 29 and 30 of Directive (EU) 2018/2001.
Amendment 491 #
Proposal for a directive Article 8 – paragraph 1 a (new) 1 a. In single mass balance systems, there should be no physical tracking of the molecules for renewable and low carbon fuels. The EU interconnected gas infrastructure shall be regarded as a single mass balance system. Closed infrastructures shall be considered as separate single mass balance systems.
Amendment 492 #
Proposal for a directive 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 70% in accordance with the definitions in Article 2, points (10) and (12) under Article 2, Member States shall require
Amendment 493 #
Proposal for a directive Article 8 – paragraph 2 2. In order to ensure that the greenhouse gas emissions savings from the use of non-renewable low
Amendment 494 #
2.
Amendment 495 #
Proposal for a directive 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 70% 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
Amendment 496 #
Proposal for a directive 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
Amendment 497 #
Proposal for a directive 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
Amendment 498 #
Proposal for a directive Article 8 – paragraph 2 a (new) 2 a. For renewable and low carbon gases, in the application of the mass balancing provisions referred in paragraph 2 of this article, there should be no physical tracking of the molecules inside single mass balance systems. The EU interconnected gas infrastructure shall be considered as a single mass balance system. Closed infrastructures shall be considered as separate single mass balance systems.
Amendment 499 #
2 a. For renewable and low carbon gases, in the application of the mass balancing provisions referred in paragraph 2 of this article, there should be no physical tracking of the molecules inside single mass balance systems. The EU interconnected gas infrastructure shall be considered as a single mass balance system.
Amendment 500 #
Proposal for a directive Article 8 – paragraph 3 3. Member States shall ensure that economic operators submit reliable information regarding the compliance with the
Amendment 501 #
Proposal for a directive Article 8 – paragraph 3 3. Member States shall ensure that economic operators submit reliable information regarding the compliance with the
Amendment 502 #
Proposal for a directive Article 8 – paragraph 3 3. Member States shall ensure that economic operators submit reliable
Amendment 503 #
Proposal for a directive Article 8 – paragraph 3 3. Member States shall ensure that economic operators submit reliable information regarding the compliance with the
Amendment 504 #
Proposal for a directive Article 8 – paragraph 4 Amendment 505 #
Proposal for a directive Article 8 – paragraph 4 4. The obligations laid down in paragraph 2 shall apply regardless of whether low carbon fuels are produced within the Union or are imported. Information about the geographic origin and feedstock type of low carbon fuels or
Amendment 506 #
Proposal for a directive Article 8 – paragraph 4 4. The obligations laid down in paragraph 2 shall apply regardless of whether low carbon fuels are produced within the Union or are imported. Information about the geographic origin, recognition that the energy content is derived from non-renewable sources and feedstock type of low carbon fuels or low carbon hydrogen per fuel supplier shall be made available to consumers, including on the websites of operators, suppliers or the relevant competent authorities and shall be updated on an annual basis.
Amendment 507 #
Proposal for a directive Article 8 – paragraph 4 4. The obligations laid down in paragraph 2 shall apply regardless of whether
Amendment 508 #
Proposal for a directive Article 8 – paragraph 4 4. The obligations laid down in paragraph 2 shall apply regardless of whether
Amendment 509 #
Proposal for a directive Article 8 – paragraph 5 5.
Amendment 510 #
Proposal for a directive 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 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. The greenhouse gas emissions average content of the electricity supplied to produce low-carbon fuels is assessed with data from transmission system operators and distribution system operators. The captured CO2 used to produce synthetic liquid and gaseous fuels, the energy content of which is derived from low carbon hydrogen, is accounted for as an emission reduction as long as the CO2 has not already received an emission credit under other provisions of law.
Amendment 511 #
Proposal for a directive Article 8 – paragraph 5 5. By 31 December 202
Amendment 512 #
Proposal for a directive Article 8 – paragraph 5 5.
Amendment 513 #
Proposal for a directive Article 8 – paragraph 5 5. By
Amendment 514 #
Proposal for a directive Article 8 – paragraph 5 5. By 31 December 202
Amendment 515 #
Proposal for a directive 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 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 and that it is designed in a technology neutral manner, taking into consideration in particular a positive impact of carbon capture technologies.
Amendment 516 #
Proposal for a directive 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 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. methodology should be based on a life cycle assessment of their total greenhouse gas (‘GHG’) emissions.
Amendment 517 #
Proposal for a directive Article 8 – paragraph 5 5. By
Amendment 518 #
Proposal for a directive 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 519 #
Proposal for a directive Article 8 – paragraph 6 Amendment 520 #
Proposal for a directive Article 8 – paragraph 6 Amendment 521 #
Proposal for a directive Article 8 – paragraph 7 Amendment 522 #
Proposal for a directive Article 8 – paragraph 7 Amendment 523 #
Proposal for a directive Article 8 – paragraph 8 Amendment 524 #
Proposal for a directive 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
Amendment 525 #
Proposal for a directive 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
Amendment 526 #
Proposal for a directive Article 8 – paragraph 9 – point a (a) accept the evidence already provided to show compliance with the
Amendment 527 #
Proposal for a directive Article 8 – paragraph 9 – point b (b)
Amendment 528 #
Proposal for a directive 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
Amendment 529 #
Proposal for a directive Article 8 – paragraph 10 10. Member States shall also require the relevant economic operators to enter into the Union database information on the transactions made and the sustainability characteristics of low carbon fuels in line with the requirements established in Article 28 of Directive (EU) 2018/2001. Upon injection into the interconnected infrastructure, reporting in the Union Database should be limited to information about the injection/withdrawal of gases. The Union Database shall be set up by 202X. Before that date, and until the Union Database is operational, economic operators shall have the possibility to use national registries/systems as long as they are reported to the EU Commission.
Amendment 530 #
Proposal for a directive Article 8 – paragraph 10 10. Member States shall also require the relevant economic operators to enter into the Union database information on the
Amendment 531 #
Proposal for a directive 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
Amendment 532 #
Proposal for a directive Article 8 – paragraph 10 10. Member States shall also require the relevant economic operators to enter into the Union database information on the
Amendment 533 #
Proposal for a directive Article 8 a (new) Article 8 a Global European Hydrogen Facility In order to support renewable hydrogen imports, the Commission shall implement a Global European Hydrogen Facility. The Global European Hydrogen Facility shall be tasked to support Member States in coordinating supply and demand via a competition-based bidding process and be open to all interested Member States. On the demand side, the Global European Hydrogen Facility shall provide prioritised access for customers in hard- to-decarbonise sectors with the highest greenhouse gas abatement potential.
Amendment 534 #
Proposal for a directive Article 9 – paragraph 2 Where relevant, Member States shall require transmission system operators, distribution system operators and hydrogen network operators in their territory to publish technical rules in accordance with Article 9, in particular regarding network connection rules that include gas quality, gas odourisation and gas pressure requirements. Member States shall, where relevant, also require transmission and distribution system operators to publish the connection tariffs to connect gas from renewable sources based on objective, transparent and non-discriminatory criteria.
Amendment 535 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall ensure that all final customers are entitled to have gases provided by a supplier, subject to the supplier's agreement, regardless of the Member State in which the supplier is
Amendment 536 #
Proposal for a directive Article 10 – paragraph 10 10. Suppliers shall provide
Amendment 537 #
Proposal for a directive Article 10 – paragraph 10 10. Suppliers shall provide
Amendment 538 #
Proposal for a directive Article 11 – paragraph 1 1. Customers shall have the right to switch gases suppliers or market participants. Member States shall ensure that a customer wishing to switch suppliers or market participants, while respecting contractual conditions, is entitled to such a switch within a maximum of three weeks from the date of the request.
Amendment 539 #
Proposal for a directive Article 11 – paragraph 1 1. Customers shall have the right to switch gases suppliers or market participants. Member States shall ensure that a customer wishing to switch suppliers or market participants, while respecting contractual conditions, is entitled to such a switch within a maximum of three weeks from the date of the request.
Amendment 540 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 Such fees shall be proportionate
Amendment 541 #
Proposal for a directive Article 11 a (new) Amendment 542 #
Proposal for a directive Article 11 a (new) Article 11 a Fuel switch 1. Where governments or local heating and cooling plans laid out in Article 52a require final customers to switch from individual fossil fuel heating installations to alternative individual heat sources or district heating, Member States shall ensure that final customers are fully informed by the initiating organisation of any fuel switches, and shall ensure that the initiating organisation provides that information sufficiently in advance of any planned switch. 2. The initiating organisation shall provide final customers with a roadmap for the transfer from individual fossil fuel heating installations to alternative individual heat sources or district heating, including the procedure and the relevant timeline. 3. Member States shall ensure that final customers receive information on options to prepare or adapt their homes and on any support available to manage the costs associated with the planned fuel switch or a district heating connection. 4. Discrimination and cross-subsidisation between different categories of customers and between energy carriers shall be avoided when carrying out a fuel switch or a district heating connection. 5. Member States shall ensure that measures are put in place to mitigate and resolve any inequities resulting from policies to decarbonise the energy system. 6. Member States shall take all measures necessary to ensure that fuel switches or a district heating connections implemented pursuant to this Article have no adverse effect on final customers, vulnerable customers, people affected by or at risk of energy poverty and people living in social housing. Where applicable, Member States shall make the best possible use of funding, including public funding and funding facilities established at Union level, with the aim of removing adverse effects and ensuring a just and inclusive energy transition.
Amendment 543 #
Proposal for a directive Article 12 – paragraph 1 – introductory part 1. Member States shall ensure that at least
Amendment 544 #
Proposal for a directive Article 12 – paragraph 1 – introductory part 1. Member States shall ensure that
Amendment 545 #
Proposal for a directive Article 12 – paragraph 1 – point a (a) they shall be independent from market participants
Amendment 546 #
Proposal for a directive Article 12 – paragraph 1 – subparagraph 1 Member States shall ensure that at least one tool covers the entire
Amendment 547 #
Proposal for a directive Article 13 – paragraph 1 1. Member States shall ensure that non-household final customers, from agricultural or public sector, are entitled to act as gas active customers without being subject to disproportionate or discriminatory technical requirements, administrative requirements, procedures and charges, and to network charges that are not cost-
Amendment 548 #
Proposal for a directive Article 13 – paragraph 1 1. Member States shall ensure that final customers are entitled to act as active customers without being subject to disproportionate or discriminatory technical requirements, administrative requirements, procedures and charges, and to network charges that are not cost- reflective. Member States shall ensure that active customers comply with applicable sustainability and greenhouse gas emissions savings criteria under Article 29 of Directive 2018/2001.
Amendment 549 #
Proposal for a directive Article 13 – paragraph 2 – point b (b) entitled to sell self-produced renewable natural gases using the natural gas system and renewable hydrogen using the hydrogen system,
Amendment 550 #
(b) entitled to sell self-produced renewable
Amendment 551 #
Proposal for a directive Article 13 – paragraph 2 – point b (b) entitled to sell self-produced renewable
Amendment 552 #
Proposal for a directive Article 13 – paragraph 2 – point b (b) entitled to sell self-produced renewable
Amendment 553 #
Proposal for a directive Article 13 – paragraph 2 – point c (c) entitled to participate in
Amendment 554 #
Proposal for a directive Article 13 – paragraph 2 – point e (e) subject to cost-reflective, transparent and non-discriminatory network charges, ensuring that they facilitate the integration of renewable gases and contribute in an adequate and balanced way to the overall cost sharing of the system;
Amendment 555 #
Proposal for a directive Article 13 – paragraph 2 – point f (f) are financially responsible for the imbalances they cause in the natural gas system or respectively in the hydrogen system shall delegate their balancing responsibility in accordance with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx].
Amendment 556 #
Proposal for a directive Article 13 – paragraph 2 – point f (f) are financially responsible for the imbalances they cause in the natural gas or the hydrogen system or shall delegate their balancing responsibility in accordance with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx].
Amendment 557 #
Proposal for a directive Article 13 – paragraph 4 – introductory part 4. Member States shall ensure that renewable gas active customers that own facilities that store renewable gas:
Amendment 558 #
Proposal for a directive Article 13 – paragraph 4 – introductory part 4. Member States shall ensure that active customers that own facilities that produce or store renewable gas:
Amendment 560 #
Proposal for a directive Article 14 – title Amendment 561 #
Proposal for a directive Article 14 – paragraph 1 – introductory part 1. Member States shall
Amendment 562 #
Proposal for a directive Article 14 – paragraph 1 – introductory part 1. Member States shall
Amendment 563 #
Proposal for a directive Article 14 – paragraph 1 – point a (a)
Amendment 564 #
Proposal for a directive Article 14 – paragraph 1 – point a (a)
Amendment 565 #
Proposal for a directive Article 14 – paragraph 1 – point a a (new) (a a) Right to a grid connection from final hydrogen customers Member States or regulatory authorities shall ensure that final hydrogen customers have the right to a grid connection to a hydrogen network within reasonable time after receipt of a notification submitted to the hydrogen network operator. In case of refusal of access and connection, Member States or regulatory authorities shall ensure that measures or alternative solutions are taken to make the investments needed to accommodate the new demand and ensure the security of supply.
Amendment 566 #
Proposal for a directive Article 14 – paragraph 1 – point a a (new) (a a) are treated in a non-discriminatory and proportionate manner with regard to their activities, rights and obligations as final customers, producers, suppliers or distribution system operators or market participants; and
Amendment 567 #
Proposal for a directive Article 14 – paragraph 1 – point a b (new) (a b) are financially responsible for the imbalances they cause in the natural gas system or shall delegate their balancing responsibility in line with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) XXX];
Amendment 568 #
Proposal for a directive Article 14 – paragraph 1 – point b (b)
Amendment 569 #
Proposal for a directive Article 14 – paragraph 1 – point b (b) entitle members or shareholders
Amendment 570 #
Proposal for a directive Article 14 – paragraph 1 – point c Amendment 571 #
Proposal for a directive Article 14 – paragraph 1 – point c (c)
Amendment 572 #
Proposal for a directive Article 14 – paragraph 1 – point c a (new) (c a) Right of final hydrogen customers to a complaint procedure against disruptions to the hydrogen supply Final hydrogen customers shall have the right to a good standard of service and complaint handling by network operators in cases of disruptions of hydrogen supply due to gas quality or blending issues. Member States or regulatory authorities shall ensure that complaints are handled in a simple, fair and prompt manner and shall ensure compensation mechanisms for final customers.
Amendment 573 #
Proposal for a directive Article 14 – paragraph 1 – point d Amendment 574 #
Proposal for a directive Article 14 – paragraph 1 – point d (d)
Amendment 575 #
Proposal for a directive Article 14 – paragraph 1 – point d (d) subject to fair compensation as assessed by the regulatory authority, relevant distribution system operators cooperate with citizen energy communities to facilitate transfers of renewable
Amendment 576 #
Proposal for a directive Article 14 – paragraph 1 – point d (d) subject to fair compensation as assessed by the regulatory authority, relevant distribution system operators cooperate with citizen energy communities to facilitate transfers of renewable
Amendment 577 #
Proposal for a directive Article 14 – paragraph 1 – point d (d) subject to fair compensation as assessed by the regulatory authority, relevant distribution system operators cooperate with citizen energy communities to facilitate transfers of
Amendment 578 #
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