Changes from plenary report to adopted text

Removed5. The annual work programme referred to in paragraph 3, point (d), shall contain a list and description of the network codes to be prepared, a plan on coordination of operation of the network, and research and development activities, to be realised in that year, and an indicative calendar. The annual programme shall clearly state which activities relate to hydrogen, to gas, or to both of them.

Removed▌

Removed7. The network codes shall be developed for cross-border network issues and market integration issues and shall be without prejudice to the Member States' right to establish national network codes which do not affect cross-border trade.

Removed8. The ENTSOG&H shall monitor and analyse the implementation of the network codes and the guidelines adopted by the Commission in accordance with Article 53(13), 54 or 56, and their effect on the harmonisation of applicable rules aimed at facilitating market integration. The ENTSOG&H shall report its findings to ACER and shall include the results of the analysis in the annual report referred to in paragraph 3, point (e), of this Article.

Removed9. The ENTSOG&H shall make available all information required by ACER to fulfil its tasks under Article 24. In order to enable the ENTSOG&H to fulfil that requirement, transmission system operators and hydrogen network operators shall provide the ENTSOG&H with the requested information.

Removed10. ACER shall review national ten-year network development plans to assess their consistency with the Union -wide network development plan. If ACER identifies inconsistencies between a national ten-year network development plan and the Union -wide network development plan, it shall recommend amending the national ten-year network development plan or the Union -wide network development plan as appropriate. If such a national ten-year network development plan is developed in accordance with Article 51 of [recast Directive as proposed in COM(2021) xxx], ACER shall recommend that the competent regulatory authority amend the national ten-year network development plan in accordance with Article 51(5) of that Directive and inform the Commission thereof. The ENTSOG&H shall amend Union-wide network development plan taking into account ACER’s recommendations. To ensure early and effective participation, the ENTSOG&H shall publish its draft Union-wide network development plan in a timely adequate manner prior to the submission to the regulatory authority, for comments by the stakeholders.

Removed11. Upon request of the Commission, the ENTSOG&H shall give its views to the Commission on the adoption of the guidelines as laid down in Article 56.

Removed11a. The ENTSOG&H shall promote cyber security and data protection with regard to gas and hydrogen networks in cooperation with relevant authorities and regulated entities.

Removed1. ACER shall monitor the execution of the tasks referred to in Article 23(1), (2) and (3) of the ENTSOG&H and report to the Commission.

RemovedACER shall monitor the implementation by the ENTSOG&H of network codes developed under Article 23(2) and network codes which have been developed in accordance with Article 53(1) to (12) or Article 54(1) to (12) but which have not been adopted by the Commission under Article 53(13) or 54(13). Where the ENTSOG&H has failed to implement such network codes, ACER shall request the ENTSOG&H to provide a duly reasoned explanation as to why it has failed to do so. ACER shall inform the Commission of that explanation and provide its opinion thereon.

RemovedACER shall monitor and analyse the implementation of the network codes and the guidelines adopted by the Commission as laid down in Articles 52, 53, 54, 55 and 56, and their effect on the harmonisation of applicable rules aimed at facilitating market and energy system integration as well as on non-discrimination, effective competition, the Union’s climate and energy targets, the energy efficiency first principle, and the efficient functioning of the market, and report to the Commission.

Removed2. The ENTSOG&H shall submit the draft Union-wide network development plan, the draft annual work programme, including the information regarding the consultation process and the other documents referred to in Article 23(3), to ACER for its opinion. Upon receipt of those documents, ACER shall submit the draft Union-wide network development plan and the draft annual work programme to the European Scientific Advisory Board on Climate Change. The European Scientific Advisory Board on Climate Change shall publish an independent analysis and opinion regarding their consistency with the Union’s climate and energy targets.

RemovedWithin two months from the day of receipt, ACER shall publish its duly reasoned opinion as well as recommendations to the ENTSOG&H and to the Commission where it considers that the draft annual work programme or the draft Union-wide network development plan submitted by the ENTSOG&H do not contribute to non-discrimination, effective competition, the efficient functioning of the market or a sufficient level of cross-border interconnection open to third-party access. The programme and plan shall duly take into account ACER’s opinion and recommendations.

RemovedWhen carrying out their responsibilities under this Regulation, the regulatory authorities shall ensure compliance with this Regulation, the network codes and the guidelines adopted pursuant to Article 52 to 56.

RemovedWhere appropriate, they shall cooperate with each other, with the Commission and ACER in compliance with Chapter V of Recast Gas Directive.

Removed1. While preparing the network codes, the draft Union -wide network development plan and the annual work programme referred to in Article 23(1), (2) and (3), the ENTSOG&H shall conduct an extensive public consultation process, at an early stage and in an open and transparent manner, involving all relevant market participants, and, in particular, the organisations representing all stakeholders, in accordance with the rules of procedure referred to in Article 22(1). That consultation shall also involve regulatory authorities and other national, regional and local authorities, supply and production undertakings, network users including customers, distribution system operators, including relevant industry associations, technical bodies, civil society and stakeholder platforms. The ENTSOG&H shall publish drafts of those documents for comment by the stakeholders and provide sufficient time for the stakeholders to effectively participate. The ENTSOG&H shall aim to identify the views and proposals of all relevant parties during the decision-making process.

Removed2. All documents and minutes of meetings related to the consultations referred to in paragraph 1 shall be made public.

Removed3. Before adopting the annual work programme and the network codes referred to in Article 23(1), (2) and (3), the ENTSOG&H shall indicate how the observations received during the consultation have been taken into consideration. It shall provide reasons where observations have not been taken into account.

RemovedThe costs related to the activities of the ENTSOG&H referred to in Articles 21, 22, 23, 52, 53 and 54 of this Regulation, and in Article 11 of Regulation (EU) No 347/2013 of the European Parliament and of the Council shall be borne by the gas transmission system operators and the hydrogen network operators and shall be taken into account in the calculation of tariffs. Regulatory authorities shall approve those costs only if they are reasonable and appropriate.

RemovedArticle 28 Regional cooperation of transmission system operators and hydrogen network operators

Removed1. Transmission system operators and hydrogen network operators shall establish regional cooperation within the ENTSOG&H to contribute to the tasks referred to in Article 23(1), (2) and (3).

Removed2. Transmission system operators and hydrogen network operators shall promote operational arrangements in order to ensure the optimum management of the network and shall promote the development of energy exchanges, the coordinated allocation of cross-border capacity through non-discriminatory market-based solutions, paying due attention to the specific merits of implicit auctions for short-term allocations and the integration of balancing mechanisms.

Removed3. For the purposes of achieving the goals set in paragraphs 1 and 2, the Commission is empowered to adopt delegated acts in accordance with Article 63 concerning the definition of the geographical area covered by each regional cooperation structure, taking into account existing regional cooperation structures. Each Member State shall be allowed to promote cooperation in more than one geographical area.

RemovedFor that purpose, the Commission shall consult ACER and the ENTSO for Gas.

RemovedThe ENTSOG&H shall adopt and publish the Union-wide network development plan referred to in Article 23(3), point (b), every two years. The Union -wide network development plan shall include the modelling of the integrated network, scenario development, a European supply adequacy outlook, a climate impact assessment and an assessment of the resilience of the system.

RemovedThe Union -wide network development plan shall, in particular:

Removed(a) build on national investment plans and Chapter IV of Regulation (EU) 347/2013;

Removed(b) regarding cross-border interconnections, also build on the reasonable needs of different network users and integrate long-term commitments from investors referred to in Articles 56 and 52 of [recast Gas Directive as proposed in COM(2021)xxx]; and

Removed(c) identify investment gaps, in particular with respect to cross-border capacities, where available considering the European Plan for Priority Corridors for Hydrogen consistent with Annex I to Regulation (EU) 2022/869 and reinforced by the REPowerEU Plan, as well as investments with regard to the decommissioning of infrastructure or for repurposing of natural gas infrastructure for the transport of hydrogen and investments for demand-side solutions not requiring new infrastructure investments, supported by a cost-benefit analysis consistent with the methodologies referred to in Article 11 of Regulation EU 2022/869;

Removed(ca) further energy system integration, promote and implement the energy efficiency first principle, and contribute to achieving the Union’s climate and energy targets;

Removed(cb) take into account the need to prioritise the use of hydrogen in hard to decarbonise sectors.

RemovedIn regard to the second subparagraph, point (c), a review of barriers to the increase of cross-border capacity of the network arising from different approval procedures or practices including demand-side alternatives not requiring new infrastructure investments may be annexed to the Union -wide network development plan.

RemovedWhen developing the Union-wide network development plan, the ENTSOG&H shall cooperate with the ENTSO for Electricity in particular on the development of the energy system wide cost-benefit analysis, capacity needs across the energy system, and the interlinked energy market and network model including electricity, gas and hydrogen transport infrastructure as well as storage, the Union’s climate and energy efficiency objectives, LNG and hydrogen terminals and electrolysers referred to in Article 11 of Regulation (EU) 2022/869, the scenarios for the ten-year network development plans referred to in Article 12 of Regulation (EU) 2022/869 and the infrastructure gaps identification referred to in Article 13 of Regulation (EU) 2022/869.

RemovedIf the Commission submits a legislative proposal concerning a reform of the electricity market design, it shall, if appropriate, ensure that the areas of cooperation between the ENTSOG&H and ENTSO for Electricity referred to in the fourth subparagraph are retained or introduced in the tasks of ENTSO for Electricity.

RemovedBy 31 December 2035, the Commission shall submit a report to the European Parliament and to the Council assessing the necessity of further integration of planning tasks and governance between the ENTSOG&H and ENTSO for Electricity and, if appropriate, accompany it with a legislative proposal.

Removed1. The transmission system operator shall make public detailed information regarding the capacity and services it offers and the relevant conditions applied, together with the technical information necessary for network users to gain effective network access.

Removed2. In order to ensure transparent, objective and non-discriminatory tariffs and facilitate efficient utilisation of the gas network, transmission system operators or relevant national authorities shall publish reasonably and sufficiently detailed information on tariff derivation, methodology and structure.

Removed3. For the services provided, each transmission system operator shall make public information on technical, contracted and available capacities on a numerical basis for all relevant points including entry and exit points on a regular and rolling basis and in a user-friendly and standardised manner as detailed in Annex I.

Removed4. The relevant points of a transmission system on which the information is to be made public shall be approved by the competent authorities after consultation with network users.

Removed5. The transmission system operator shall always disclose the information required by this Regulation in a meaningful, quantifiably clear and easily accessible way and on a non-discriminatory basis.

Removed6. The transmission system operator shall make public ex-ante and ex-post supply and demand information, based on nominations and allocations, forecasts and realised flows in and out of the system. The regulatory authority shall ensure that all such information is made public. The level of detail of the information that is made public shall reflect the information available to the transmission system operator.

RemovedThe transmission system operator shall make public measures taken as well as costs incurred and revenue generated to balance the system.

RemovedThe market participants concerned shall provide the transmission system operator with the data referred to in this Article.

Removed7. The transmission system operators shall make public detailed information regarding the quality of the gas transported in its network, which might affect network users, based on Articles 16 and 17 of Commission Regulation (EU) 2015/703.

RemovedArticle 31 Transparency requirements concerning natural gas and hydrogen storage facilities, LNG facilities and hydrogen terminals

Removed1. LNG and hydrogen storage facilities as well as (natural gas) storage system operators and hydrogen terminal operators shall make public detailed information regarding all services they offer and the relevant conditions applied, together with the technical information necessary for LNG and hydrogen storage facility and hydrogen terminal users to gain effective access to the LNG and hydrogen storage facilities and hydrogen terminals. Regulatory authorities may request those operators to make public any additional relevant information for system users.

Removed2. LNG system operators shall provide user-friendly instruments for calculating tariffs for the services available.

Removed3. For the services provided, LNG and hydrogen storage facilities, as well as natural gas storage system operators shall make public information on contracted and available storage and LNG and hydrogen storage facility as well as hydrogen terminal capacities on a numerical basis on a regular and rolling basis and in a user-friendly standardised manner.

Removed4. LNG and hydrogen storage facilities, as well as natural gas storage system operators shall always disclose the information required by this Regulation in a meaningful, quantifiably clear and easily accessible way and on a non-discriminatory basis.

Removed5. LNG and storage system operators and operators of hydrogen storage facilities and hydrogen terminals shall make public the amount of gas in each storage or LNG facility and hydrogen terminal, or group of storage facilities if that corresponds to the way in which the access is offered to system users, inflows and outflows, and the available natural gas and hydrogen storage, and LNG facility and hydrogen terminal capacities, including for those facilities exempted from third-party access. That information shall also be communicated to the transmission system operator or to the hydrogen network operator for hydrogen storage and terminals, which shall make it public on an aggregated level per system or subsystem defined by the relevant points. The information shall be updated at least daily.

RemovedIn cases in which a natural gas or hydrogen storage system user is the only user of a natural gas or hydrogen storage facility, the natural gas or hydrogen storage system user may submit to the regulatory authority a reasoned request for confidential treatment of the data referred to in the first subparagraph. Where the regulatory authority comes to the conclusion that such a request is justified, taking into account, in particular, the need to balance the interest of legitimate protection of business secrets, the disclosure of which would negatively affect the overall commercial strategy of the storage user, with the objective of creating a competitive internal gas market, it may allow the storage system operator not to make public the data referred to in the first subparagraph, for a duration of up to one year.

RemovedThe second subparagraph shall apply without prejudice to the obligations of communication to and publication by the transmission system operator referred to in the first subparagraph, unless the aggregated data are identical to the individual natural gas or hydrogen storage system data for which the regulatory authority has approved non-publication.

Removed6. In order to ensure transparent, objective and non-discriminatory tariffs and facilitate efficient utilisation of the infrastructures, the LNG and natural gas or hydrogen storage facility operators or relevant regulatory authorities shall make public sufficiently detailed information on tariff derivation, the methodologies and the structure of tariffs for infrastructure under regulated third-party access; LNG facilities that have been granted an exemption, pursuant to Article 22 of Directive 2003/55/EC and Article 36 of Directive 2009/73/EC as well as Article 60 of this Regulation, and natural gas storage operators under the negotiated third party access regime shall make public tariffs for infrastructure in order to ensure a sufficient degree of transparency.

RemovedLNG and storage system operators shall establish respectively one single European platform within 18 months from [date of entry into force of the Regulation] to publish in a transparent and user-friendly manner the information required in this Article.

RemovedTransmission system operators, storage system operators and LNG system operators shall keep at the disposal of the national authorities, including the regulatory authority, the national competition authority and the Commission, all information referred to in Articles 30 and 31, and in Part 3 of Annex I for a period of five years.

RemovedDistribution system operation

RemovedArticle 33 Firm capacity for renewable gas and low-carbon gas to the distribution system

Removed1. Distribution system operators shall ensure firm capacity and continuous injection for the access of the production facilities of renewable gas and low-carbon gas connected to their grid. To this extent, distribution system operators shall ▌ in cooperation among themselves and with the transmission 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 distribution 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 economic infrastructure safety and efficiency. The regulatory authority 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: