Changes from plenary report to adopted text

Removed1. Transmission system operators shall ensure firm capacity for the access of production facilities of renewable gas and low carbon gas connected to their grid. For this purpose, transmission system operators shall, in cooperation with the distribution system operators, develop procedures and arrangements, including investments, to ensure reverse flow from the distribution network to the transmission network, and network reinforcement plans to ensure network reinforcement, where appropriate.

Removed2. Paragraph 1 shall be without prejudice to the possibility for transmission system operators to develop alternatives to reverse flow investments, such as smart grid solutions or connection to other network operators. Firm access may only be limited to offer capacities subject to operational limitations, in order to ensure infrastructure safety and economic efficiency. The regulatory authority shall be responsible for reviewing and approving the transmission system operators’ conditions for conditional capacity and shall ensure that any limitations in firm capacity or operational limitations are introduced on the basis of transparent and non-discriminatory procedures and do not create undue barriers to market entry. Where the production facility bears the costs related to ensuring firm capacity, no limitation shall apply.

Removed2a. For the purpose of the swift implementation of grid connection of renewable gas production, Member States shall ensure that:

Removed(a) the transmission system operator complies with reasonable time limits to assess the requests for the injection of renewable gas, make an offer and implement the connection, under the monitoring of the national regulatory authority carried out in accordance with Article 37 and Article 72(1), point (t) of [the recast Gas Directive as proposed in COM(2021) xxx];

Removed(b) permitting procedures for the implementation of the connection are not hampered by a lack of administrative capacity and do not create a hurdle to the achievement of the national renewable energy target.

Removed1. Transmission system operators shall cooperate to avoid restrictions to cross-border flows due to gas quality differences on interconnection points between ▌Member States. When cooperating, transmission system operators shall take into account the characteristics of installations of final gas customers.

Removed1a. Transmission system operators shall only accept gas flows with a hydrogen content of up to 3% by volume at interconnection points between Member States in the natural gas system, subject to the completion of the procedure described in this Article.

Removed1b. Member States shall ensure that diverging technical specifications, including gas quality parameters, such as oxygen content and hydrogen blending in the natural gas system, are not used to restrict cross-border gas flows.

Removed2. Where a restriction to cross-border flow due to gas quality differences cannot be avoided by the concerned transmission system operators in their standard operations, they shall inform the concerned regulatory authorities without delay. The information shall include a description and justified reasoning for any steps already taken by the transmission system operators.

Removed3. The concerned regulatory authorities shall jointly agree within six months whether to recognise the restriction.

Removed4. Where the ▌ regulatory authorities concerned recognise the restriction, they shall request the concerned transmission system operators to perform, within 12 months from the recognition, the following actions in sequence:

Removed(a) cooperate and develop technically feasible options, without changing the gas quality specifications, which may include flow commitments and gas treatment, in order to remove the recognised restriction taking into account information provided by end customers directly connected to the transmission system operator grid, distribution system operator or any other stakeholder that could be affected by that procedure;

Removed(b) jointly carry out a cost-benefit analysis on the technically feasible options to define economically efficient solutions which shall specify the breakdown of costs and benefits among the categories of affected parties;

Removed(c) produce an estimate of the implementation time for each potential option;

Removed(d) conduct a public consultation, in particular of affected end customers connected to the transmission network, on identified feasible solutions and take into consideration the results of the consultation;

Removed(e) submit a joint proposal, based on the cost-benefit analysis and results of the public consultation, for a solution removing the recognised restriction, including the timeframe for its implementation, to their respective regulatory authorities for approval and to the other competent national authorities of each involved Member State for information.

Removed5. Where the concerned transmission system operators do not reach an agreement on a solution, each transmission system operator shall inform its regulatory authority without delay.

Removed6. The ▌regulatory authorities concerned shall take a joint coordinated decision to remove or maintain the recognised restriction ▌, taking into account the cost benefit analysis prepared by the concerned transmission system operators and the results of the public consultation within six months as set out in Article 6(10) of Regulation (EU) 2019/942. Any decision to maintain the recognised restriction shall be reviewed every four years.

Removed7. The joint coordinated decision of the concerned regulatory authorities shall include a decision on the allocation of the investment costs to be borne by each transmission system operator for implementing the agreed solution, as well as their inclusion in tariffs, taking into account the economic, social and environmental costs and benefits of the solution in the concerned Member States.

Removed8. ACER may make recommendations to the regulatory authorities on the details of such cost allocation decisions as referred to in paragraph 7.

Removed9. Where the concerned regulatory authorities cannot reach an agreement as referred to in paragraph 3, ACER shall decide on the restriction, following the process set out in Article 6(10) of Regulation (EU) 2019/942. Where ACER recognises the restriction it shall request the concerned transmission system operators to perform, within 12 months, the actions referred to in paragraph 4 points (a) to (e) in sequence.

Removed10. Where the ▌ regulatory authorities concerned cannot take a joint coordinated decisions as referred to in paragraphs 6 and 7, ACER shall decide on the solution to remove or maintain the recognised restriction and on the allocation of the investment costs to be borne by each transmission system operator for implementing the agreed solution, following the process set out in Article 6(10) of Regulation (EU) 2019/942. Any decision to maintain the recognised restriction shall be reviewed every four years.

Removed11. Further details required to implement ▌ this Article, including details on the cost benefit analysis and on a common binding natural gas quality specification for cross-border natural gas interconnectors, shall be set in a network code established on the basis of Article 53 ▌.

Removed▌

RemovedArticle 21 The joint EU organisation of Gas transmission system operators and Hydrogen Network Operators

RemovedAll gas transmission system operators and hydrogen network operators shall cooperate at Union level through the joint EU Organisation of Gas Transmission System Operators and Hydrogen Network Operators (ENTSOG&H), in order to promote the completion and functioning of the internal market in natural gas and hydrogen and cross-border trade and to ensure the optimal management, coordinated operation and sound technical evolution of the natural gas transmission network and of the hydrogen network.

Removed1. By 1 September 2024, the ENTSOG&H shall publish and submit to the Commission and to ACER the draft statutes, a list of members and candidates awaiting certification as hydrogen network operator and draft rules of procedure, including the rules of procedures on the consultation of other stakeholders, of the ENTSOG&H in the case of changes of those documents or upon a reasoned request of the Commission or ACER.

Removed1a. Before submitting the documents to the Commission and ACER pursuant to paragraph 1 of this Article, the ENTSOG&H shall conduct a public stakeholder consultation in accordance with Article 26. The consultation shall be effective and extensive and shall take place in a timely adequate, open, inclusive and transparent manner. The participation of stakeholders in the consultation shall be voluntary and all relevant stakeholders shall be invited. The ENTSOG&H shall take into account the results of that consultation.

Removed2. Within four months of the day of the receipt, ACER, after formally consulting the organisations representing all stakeholders, in particular the system users including customers, shall provide an opinion to the Commission on the draft statutes, list of members and draft rules of procedure.

Removed3. The Commission shall deliver an opinion on the draft statutes, list of members and draft rules of procedures taking into account the opinion of ACER referred to in paragraph 2 and within three months of the day of the receipt of the opinion of ACER.

Removed4. Within three months of the day of receipt of the Commission's opinion the ENTSOG&H shall adopt and publish the revised statutes and rules of procedure of the ENTSOG&H.

Removed4a. The statutes of the ENTSOG&H referred to in paragraph 1 shall ensure that:

Removed(a) participation in the work of the ENTSOG&H is limited to registered hydrogen network operators and transmission system operators or other relevant stakeholders for the purpose of completing ENTSOG&H’s regulatory tasks;

Removed(b) strategic decisions regarding the activities of the ENTSOG&H as well as policy guidelines for the board of the ENTSOG&H are adopted by the board of the ENTSOG&H;

Removed(c) decisions of the general assembly enable the achievement of the ENTSOG&H’s purpose;

Removed(d) the board members of the ENTSOG&H are elected by the general assembly for a mandate of a maximum of four years;

Removed(e) the board nominates the President and the Vice-President from among the members of the board of the ENTSOG&H;

Removed(f) cooperation between transmission system operators for gas and hydrogen network operators pursuant to Article 21 is led by the board of the ENTSOG&H;

Removed(g) on the basis of a proposal by the board of the ENTSOG&H, the General Director is appointed by the general assembly for a mandate of four years, renewable once;

Removed(h) the ENTSOG&H publish the minutes of its assembly meetings, board meetings and provide the public with regular information on its decision-making and activities.

Removed4b. The rules of procedure referred to in paragraph 1 shall safeguard the fair and proportionate treatment of its members and shall reflect the diverse geographical, demographic, economic and sectoral structure of its members. In particular, they shall provide for the board to be composed of:

Removed(a) a President and a Vice-President designated respectively and on a three-year rotating term from the hydrogen network operators and the transmission system operators groups or vice-versa with alternating roles between transmission system operators and hydrogen network operators; and

Removed(b) an equal number of board members that are designated from both the transmission system operators' representatives and the hydrogen network operators' representatives, ensuring a fair balance between hydrogen network operators and transmission system operators. The statutes of ENTSOG&H shall contain an equal number of board members per category. An equal number of board members shall be reached once there is a sufficient number of certified hydrogen network operators from different Member States.

Removed4c. The statutes of ENTSOG&H shall provide for clear organisational rules, including with regard to the budget dedicated to transmission system operators’ activities and hydrogen network operators’ activities, within the ENTSOG&H while ensuring efficiency and shared services being provided by the ENTSOG&H staff to both gas transmission system operators and hydrogen network operators.

Removed4d. The statutes will also provide for clear organisational rules on the establishment of working-level groups and the definition of their scope and activity, safeguarding the fair and balanced treatment of the organisation’s members. Specific working-level groups shall be created to specifically focus on the development of hydrogen infrastructure covering quality, supply and demand outlooks as well as infrastructure needs.

Removed1. The ENTSOG&H shall develop network codes in the areas set out in Articles 53 and 54 upon a request addressed to it by the Commission in accordance with Article 53(9) or Article 54(9).

Removed2. The ENTSOG&H may develop network codes in the areas set out in Articles 53 and 54 with a view to achieving the objectives set out in Article 21 where those network codes do not relate to areas covered by a request addressed to it by the Commission. Those network codes shall be submitted to ACER for an opinion. That opinion shall be duly taken into account by the ENTSOG&H.

Removed3. The ENTSOG&H shall adopt and publish:

Removed(a) common network operation tools to ensure coordination of network operation in normal and emergency conditions, including a common incidents classification scale, and research plans;

Removed(b) a non-binding Union-wide ten-year network development plan for gas and hydrogen networks (Union-wide network development plan), including European Plan for Priority Corridors for Hydrogen that is consistent with Annex I to Regulation (EU) 2022/869 and reinforced by the REPowerEU Plan, and a European supply adequacy outlook, every two years; the Union-wide network development plan shall be developed in cooperation with the regulatory authorities and, where technically possible, be harmonised with the Union-wide network development plan for electricity;

Removed(c) recommendations relating to the coordination of technical cooperation between Union and third-country transmission system operators and third country hydrogen network operators;

Removed(ca) recommendations relating to the coordination of technical cooperation in the Union between gas transmission and distribution system operators on one hand, and hydrogen network operators on the other;

Removed(d) an annual work programme;

Removed(e) an annual report;

Removed(f) annual summer and winter supply outlooks;

Removed(fa) annual outlook for the supply of hydrogen covering Member States where hydrogen is used in electricity generation or supply;

Removed(g) a gas quality and decarbonisation monitoring report by 15 May 2024 and a gas and hydrogen quality and decarbonisation monitoring report by 15 May 2026 at the latest and every two years thereafter, including developments of gas quality parameters, developments of the level and volume of renewable gas and low-carbon gas injected into the gas system as well as of hydrogen blended into the natural gas system, forecasts for the expected development of gas quality parameters and of the volume of hydrogen blended into the natural gas system, the impact of blending hydrogen on cross-border flows as well as information on cases related to differences in gas quality specifications or in specifications of blending levels and how such cases were settled in view of meeting the quality requirements of different end-use applications;

Removed(h) the gas and hydrogen quality and decarbonisation monitoring report, which shall also cover the development for the areas listed in point (g) where as far as relevant for the distribution network, based on information provided by the entity of distribution system operators in the Union (‘EU DSO entity’).

Removed4. The European supply adequacy outlook referred to in paragraph 3, point (b), shall cover the overall adequacy of the gas and hydrogen systems to supply current and projected demands for gas and hydrogen for the next five-year period as well as for the period between five and 10 years from the date of that outlook. The European supply adequacy outlook shall build on national supply outlooks prepared by each individual gas transmission system operator and hydrogen network operator.

RemovedThe Union-wide network development plan referred to in paragraph 3, point (b), shall include the modelling of the integrated network, including hydrogen networks, scenario development, a European supply adequacy outlook, a climate impact assessment, and an assessment of the resilience of the system. The plan shall promote the energy efficiency first principle and energy system integration, contribute to the prudent and rational use of natural resources and to achieving the Union’s climate and energy targets.