Changes from plenary report to adopted text

Removed(8) Article 6(10), first subparagraph, points (b) and (c) are replaced by the following:

Removed‘(b) network codes and guidelines referred to in Articles 59 to 61 of Regulation (EU) 2019/943 adopted before 4 July 2019 and subsequent revisions of those network codes and guidelines;

Removed(c) network codes and guidelines referred to in Articles 59 to 61 of Regulation (EU) 2019/943 adopted as implementing acts pursuant to Article 5 of Regulation (EU) No 182/2011; or’;

Removed(9) In Article 6(10), first subparagraph, the following points are added:

Removed‘(d) guidelines pursuant to Annex I to [Gas Regulation]; or

Removed(e) network codes and guidelines referred to in Article 53 to 56 of [Gas Regulation].’;

Removed(10) In Article 6(10), second subparagraph, point (a) is replaced by the following:

Removed‘(a) where the competent regulatory authorities have not been able to reach an agreement within six months of referral of the case to the last of those regulatory authorities, or within four months in cases under Article 4(7) of this Regulation or under point (c) of Article 59(1) or point (f) of Article 62(1) of Directive (EU) 2019/944 or Article 72(1) point (e) of [the recast Gas Directive as proposed in COM(2021) 803];’;

Removed(11) Article 6(10), third subparagraph is replaced by the following:

Removed‘The competent regulatory authorities may jointly request that the period referred to in point (a) of the second subparagraph of this paragraph be extended by a period of up to six months, except in cases under Article 4(7) of this Regulation or under point (c) of Article 59(1) or point (f) of Article 62(1) of Directive (EU) 2019/944 or Article 72(1) point (e) of [the recast Gas Directive as proposed in COM(2021) 803].’;

Removed(12) Article 6(10), fourth subparagraph, is replaced by the following:

Removed‘Where the competences to decide on cross-border issues referred to in the first subparagraph have been conferred on the regulatory authorities in new network codes or guidelines referred to in Articles 59 to 61 of Regulation (EU) 2019/943 adopted as delegated acts after 4 July 2019, ACER shall only be competent on a voluntary basis pursuant to point (b) of the second subparagraph of this paragraph, upon a request from at least 60 % of the competent regulatory authorities. Where only two regulatory authorities are involved, either one may refer the case to ACER.’;

Removed(13) Article 6(12), point (a) is replaced by the following:

Removed‘(a) shall issue a decision within six months of the date of referral, or within four months thereof in cases pursuant to Article 4(7) of this Regulation or point (c) of Article (59)(1) or point (f) of Article 62(1) of Directive (EU) 2019/944 or Article 72(1) point (e) of [the recast Gas Directive as proposed in COM(2021) 803]; and’;

Removed(14) Article 14(1) is replaced by the following:

Removed‘In carrying out its tasks, in particular in the process of developing framework guidelines in accordance with Article 59 of Regulation (EU) 2019/943 or Articles 53 and 54 of [the recast Gas Regulation as proposed in COM(2021) xxx], and in the process of proposing amendments of network codes under Article 60 of Regulation (EU) 2019/943 or Article 55 of [the recast Gas Regulation as proposed in COM(2021)xxx] ACER shall, extensively consult at an early stage market participants, transmission system operators, hydrogen network operators, consumers, end-users and, where relevant, competition authorities, without prejudice to their respective competence, in an open and transparent manner, in particular when its tasks concern transmission system operators and hydrogen network operators.’;

Removed(15) In Article 15 the following paragraphs (6) and (7) are added:

Removed‘(6) ACER shall issue studies comparing the efficiency of EU transmission system operators’ costs pursuant to Article 17(2) of [the recast Gas Regulation as proposed in COM(2021)804].

Removed(7) ACER shall submit opinions providing a harmonised format for the publication of technical information on access to hydrogen networks pursuant to Annex I to this Regulation.’;

Removed(16) Article 15(1) is replaced by the following:

Removed‘ACER, in close cooperation with the Commission, the Member States and the relevant national authorities, including the regulatory authorities, and without prejudice to the competences of competition authorities, shall monitor the wholesale and retail markets in electricity and natural gas including the functioning of those markets, wholesale and retail electricity and natural gas prices and price-setting mechanism, including those set out in commercial contracts, with regard to possible anti-competitive, unfair or untransparent behaviour by market operators, and with regard to compliance with the consumer rights laid down in Directive (EU) 2019/944 and [the recast Gas Directive as proposed in COM (2021) 803], the impact of market developments on household customers, access to the networks including access of electricity produced from renewable energy sources, the progress made with regard to interconnectors, potential barriers to cross-border trade, including the impact of blending hydrogen into the natural gas system and barriers to the cross-border flow of biomethane, regulatory barriers for new market entrants and smaller actors, including citizen energy communities and renewable energy communities, state interventions preventing prices from reflecting actual scarcity, such as those set out in Article 10(4) of Regulation (EU) 2019/943, the performance of the Member States in the area of security of supply of electricity based on the results of the European resource adequacy assessment as referred to in Article 23 of that Regulation, taking into account, in particular, the ex-post evaluation referred to in Article 17 of Regulation (EU) 2019/941.‘;

Removed(17) In Article 15(1) the following subparagraph 2 is added:

Removed‘ACER, in close cooperation with the Commission, the Member States and the relevant national authorities, including the regulatory authorities, and without prejudice to the competences of competition authorities, shall monitor the hydrogen markets, in particular the impact of market developments on hydrogen customers, access to the hydrogen network, including access to the network of hydrogen produced from renewable energy sources, the progress made with regard to interconnectors, potential barriers to cross-border trade.‘;

Removed(18) Article 15(2) is replaced by the following:

Removed‘ACER shall publish annually a report on the results of the monitoring referred to in paragraph 1. In that report, it shall identify any barriers, including any behaviour on the part of market operators that is anti-competitive, unfair or untransparent, to the completion of the internal markets for electricity, natural gas and hydrogen.’.

RemovedRegulation No 1227/2011 is amended as follows:

Removed(a) In Article 2, Article 3(3) and (4), Article 4(1), Article 8(5) the term ‘electricity or natural gas’ is replaced by the term ‘electricity, hydrogen or natural gas’;

Removed(aa) In Article 2, the following points are added:

Removed‘(16) ‘LNG trading’ means bids, offers or transactions for the purchase or sale of LNG:

Removed(a) that specify delivery in the Union;

Removed(b) that result in delivery in the Union; or

Removed(c) in which one counterparty re-gasifies the LNG at a terminal in the Union;

Removed(17) ‘LNG market data’ means records of bids, offers or transactions for LNG trading with corresponding information as specified in Article 8d;

Removed(18) ‘LNG market participant’ means any natural or legal person, irrespective of that person’s place of incorporation or domicile, who engages in LNG trading;

Removed(19) ‘LNG price assessment’ means the determination of a daily reference price for LNG trading in accordance with a methodology to be established by the Agency;

Removed(20) ‘LNG benchmark’ means the determination of a spread between the LNG price assessment and the settlement price for the Title Transfer Facility (TTF) Gas Futures front-month contract established by ICE Endex Markets B.V. on a daily basis.’;

Removed(b) In Article 6(2) the term ‘electricity and gas markets’ is replaced by the term ‘electricity, hydrogen and natural gas markets’;

Removed(ba) The following articles are inserted:

Removed‘Article 8a Tasks and powers of Agency to carry out LNG price assessments and benchmarks

Removed1. The Agency shall produce and publish an LNG price assessment. For the purpose of the LNG price assessment, the Agency shall systematically collect and process LNG market data on transactions.

Removed2. The Agency shall produce and publish the LNG benchmark, for the purposes of which the Agency shall systematically collect and process all LNG market data.

Removed3. By way of derogation from Article 3(4), point (b), of Regulation 1227/2011, the market participant obligations and prohibitions of this Regulation shall apply to LNG market participants. The powers conferred on the Agency under this Regulation and Implementing Regulation (EU) No 1348/2014 shall also apply in relation to LNG market participants including the provisions on confidentiality.

Removed1. The LNG price assessment referred to in Article 8a(1) shall be published daily, and by no later than 18.00 CET for the outright transaction price assessment. The Agency shall also, on a daily basis, publish the LNG benchmark referred to in Article 8a(2) by no later than 19.00 CET or as soon as technically possible.

Removed2. For the purposes of this Article, the Agency may make use of the services of a third party.

Removed1. LNG market participants shall submit daily to the Agency the LNG market data in accordance with the specifications set out in Article 8d, in a standardised format, through a high-quality transmission protocol, and as close to real-time as technologically possible before the daily publication of the LNG price assessment (18.00 CET).

Removed2. The Commission may adopt implementing acts specifying the point in time by which LNG market data is to be submitted before the daily publication of the LNG price assessment as referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2).

Removed3. Where appropriate, the Agency shall, after consulting the Commission, issue guidance on:

Removed(a) the details of the information to be reported, in addition to the current details of reportable transactions and fundamental data under Implementing Regulation (EU) No 1348/2014, including bids and offers; and

Removed(b) the procedure, standard and electronic format and the technical and organisational requirements for submitting data to be used for the provision of the required LNG market data.

Removed4. LNG market participants shall submit the required LNG market data to the Agency free of charge and through the reporting channels established by the Agency, where possible using existing and available procedures.

Removed1. LNG market data shall include details of:

Removed(a) the parties to the contract, including buy/sell indicator;

Removed(b) the reporting party;

Removed(c) the transaction price;

Removed(d) the contract quantities;

Removed(e) the value of the contract;

Removed(f) the arrival window for the LNG cargo;

Removed(g) the terms of delivery;

Removed(h) the delivery points;

Removed(i) the timestamp information on all of the following: