Changes from plenary report to adopted text

RemovedMember States shall take the necessary measures to ensure that access requests referred to in point (a) of the first subparagraph are notified to the regulatory authority and information on derogations, type of end-users served, type and extension of the geographically confined area are made publicly available, with due regard of commercially sensitive information.

Removed1. Hydrogen interconnectors between Member States and third countries shall be subject to the rules applicable to hydrogen networks as set out in this Directive and in [recast Gas Regulation as proposed in COM(2021) xxx]. Member States shall ensure that the enforcement of these rules takes into account their effective application on Union territory and the integrated nature of the interconnector.

Removed2. For the purpose of implementing the requirements set out in paragraph 1, the Union shall, for each hydrogen interconnector, conclude prior to its operation an intergovernmental agreement with the connected third country, or third countries, setting out the operating rules for the hydrogen interconnector concerned where the Commission has determined that such an agreement is necessary to ensure compliance with the rules referred to in paragraph 1.

Removed3. Such intergovernmental agreement shall contain ▌ rules specifying the implementation of the requirements of third-party access, tariff regulation and on the unbundling of the operator of the hydrogen interconnector, as well as rules on the certification of renewable and low-carbon hydrogen, including rules ensuring the collection of required data and the application of the criteria for accounting hydrogen produced from renewable electricity as renewable hydrogen as well as guidelines on social and environmental cooperation.

Removed1. Member States shall ensure the deployment of smart metering systems for industrial customers that can accurately measure consumption, provide information on actual time of use, and are capable of transmitting and receiving data for the purpose of information, monitoring and control, using a form of electronic communication.

Removed2. Member States shall ensure the security of the metering systems and of relevant data communication, and the privacy of final customers, in accordance with relevant Union data protection and privacy law, as well as their interoperability, having regard to the use of appropriate standards.

Removed3. The Commission shall adopt, by means of implementing acts, interoperability requirements for smart metering systems and procedures to ensure, for those eligible, access to data coming from those metering systems. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 84(2).

RemovedArticle 50 Confidentiality for operators of hydrogen networks, hydrogen storage facilities and hydrogen terminals

Removed1. Without prejudice to legal duties to disclose information, each operator of a hydrogen network, hydrogen storage facility or hydrogen terminal, and each owner of a hydrogen network, shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities, and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. ▌ If the operator of a hydrogen network, hydrogen storage facility or hydrogen terminal, or the owner of a hydrogen network is part of a vertically integrated undertaking, it shall, in particular, not disclose any commercially sensitive information to the remaining parts of the vertically integrated undertaking other than transmission system operators, distribution system operators or hydrogen network operators, unless this is necessary for carrying out a business transaction.

Removed2. The operator of a hydrogen network, hydrogen storage facility or hydrogen terminal shall not, in the context of sales or purchases of hydrogen by related undertakings, misuse commercially sensitive information obtained from third parties in the context of providing or negotiating access to the system.

Removed3. Information necessary for effective competition and the efficient functioning of the market shall be made public. That obligation shall be without prejudice to protecting commercially sensitive information.

RemovedIntegrated network planning

Removed1. At least every two years, all transmission system operators, hydrogen transmission network operators and electricity transmission system operator in accordance with Article 51 of Directive (EU) 2019/944 shall submit to the relevant regulatory authority a ten-year network development plan based on existing and forecast supply and demand after having consulted all relevant stakeholders in accordance with paragraph 8a of this Article. There shall be at least one single network development plan per Member State for natural gas, hydrogen and electricity. The single network development plan shall contain efficient measures in order to promote energy system integration in line with the ‘system efficiency’ principle, as defined in Article 2, point (3a) of Directive (EU) .../... + and the energy efficiency first principle in accordance with the Commission Recommendation on Energy Efficiency First, contribute to climate neutrality and guarantee the adequacy of the natural gas system and the hydrogen system as well as the security of supply, in particular the compliance with the infrastructure standards under Regulation (EU) 2017/1938. The ten-year network development plan, and the information which the transmission system operator and the hydrogen transmission network operator considered in developing the ten-year network development plan, shall be published and accessible on a website.

Removed2. The ten-year network development plan shall, in particular:

Removed(a) contain the main infrastructure that needs to be built or upgraded over the next ten years, taking into account infrastructure developed by distribution system operators to enable reverse flows to the transmission network;

Removed(b) contain all the investments and demand-side solutions not requiring new infrastructure investments already decided and identify new investments and demand-side solutions not requiring new infrastructure investments which have to be executed in the next three years, including investments with regard to the decommissioning and repurposing of infrastructure;

Removed(c) include information on infrastructure that can or will be decommissioned or repurposed for the transmission of hydrogen, in particular to rapidly deliver hydrogen to end-users in hard-to-decarbonise sectors with the highest greenhouse gas abatement potential per tonne of consumed hydrogen and where no other more energy and cost efficient options are available; ▌

Removed(ca) identify the most relevant and cost-efficient network connections and network reinforcements for renewable gas, including renewable hydrogen;

Removed(d) provide for a time frame for all investment and decommissioning or projects and all demand-side solutions not requiring new infrastructure investments;

Removed(da) include information on capacity needs, both in volume and duration, as negotiated between network users and hydrogen transmission network operators as well as the predicted supply and demand for hydrogen, specifically taking into account end-users in hard-to-decarbonise sectors, which have the highest greenhouse gas emissions abatement potential per tonne of consumed hydrogen and where no other more energy and cost efficient options are available;

Removed(db) identify investment gaps, in particular with respect to cross-border capacities, that are needed for the establishment of an integrated Union hydrogen market enabling hydrogen to move freely across borders, taking into account the hydrogen storage development and the integration of hydrogen imports;

Removed(e) be based on a joint scenario framework developed between the relevant infrastructure operators, including relevant distribution system operators, of at least gas, including hydrogen, electricity and district heating and the regulatory authorities, which shall incorporate reasonable assumptions for the evolution of production, consumption and trade of energy and shall be developed with input from all relevant stakeholders as referred to in paragraph 8a of this Article; evolution of biomethane production incorporated in the joint scenario framework shall be based on the regional maps referred to in Article 17a(1) of Regulation [recast Gas Regulation as proposed in COM(2021)xxx]; the joint scenario framework shall include a long-term perspective, with intermediate steps, until 2050 in line with point (g) of this paragraph and take into account the joint scenario framework from the Union-wide ten-year network development plan;

Removed(ea) be developed in a close cooperation between gas, hydrogen and electricity operators on the basis on identified coordinated priority corridors for renewable electricity and renewable gas in accordance with the joint scenario framework developed under point (e);

Removed(f) be consistent with the results of the common and national risk assessments under Article 7 of Regulation 2017/1938;

Removed(g) contribute to achieving the integrated national energy and climate plan and its updates, ▌the integrated national energy climate reports and long-term strategies submitted in accordance with Regulation (EU) 2018/1999 and support the GHG emissions reductions and climate-neutrality objectives set out in Articles 2(1) and 4(1) of Regulation (EU) 2021/1119 and relevant national decarbonisation objectives;

Removed(ga) be in line with and contribute to the latest Union energy and climate objectives for 2030 as defined under targets agreed in Directive (EU) .../... +, Article 26 of the Directive (EU) …/…+ and in Directive (EU) 2018/2011 [amended RED];

Removed(gb) be consistent with the Union-wide ten-year network development plan referred to in Article 29 of Regulation ... [recast Gas Regulation as proposed in COM(2021)xxx].

Removed(gc) take into account the distribution network development plans referred to in Article 52b.

Removed3. When elaborating the ten-year network development plan, the transmission system operator and the hydrogen transmission network operator shall fully take into account the potential for alternatives to system expansion, in particular decommissioning or repurposing of infrastructure as well as demand-side solutions not requiring new natural gas or hydrogen infrastructure, and expected consumption following the application of the energy efficiency first principle, trade with other countries and the Union-wide network development plan. The prioritisation of the end-users in hard-to-decarbonise sectors, which have the highest greenhouse gas emissions abatement potential per tonne of consumed hydrogen and where no other more energy and cost efficient options are available, shall be considered. The transmission system operator and hydrogen transmission network operator shall assess how to address, where possible, a need across electricity, heat and gas systems including information on the optimal location and size of energy storage, power to gas assets and hydrogen-ready plants as well as planning for co-location of future production and use sites, where possible. The hydrogen transmission network operator shall include information on the location of end-users in hard-to-decarbonise sectors with the highest greenhouse gas abatement potential per tonne of consumed hydrogen. The transmission system operator and the hydrogen transmission network operator shall make reasonable assumptions about the evolution of production, supply and consumption of gas and electricity.

Removed4. The regulatory authority shall consult all actual or potential system users and all relevant stakeholders in accordance with paragraph 8a, on the ten-year network development plan in an open and transparent manner. Persons or undertakings claiming to be potential system users may be required to substantiate such claims. The regulatory authority shall publish the result of the consultation process, including possible needs for investments, decommissioning of assets and demand-side solutions not requiring new infrastructure investments.

Removed5. The regulatory authority shall examine whether the ten-year network development plan complies with paragraphs 1, 2 and 3, covers all investment needs identified during the consultation process, promotes energy system integration and is in line with the energy efficiency first principle, the integrated national energy and climate plan and its updates, with the integrated national energy climate reports and long-term strategies submitted in accordance with Regulation (EU) 2018/1999, and whether it is consistent with the most recent Union wide simulation of disruption scenarios carried out by the ENTSOG under Article 7 of Regulation (EU) 2017/1938, with the regional and national risk assessments, the Union-wide ten-year network development plan referred to in Article 29 of Regulation ... [recast Gas Regulation as proposed in COM(2021)] and the non-binding Union-wide ten-year network development plan (Union -wide network development plan) referred to in Article 30(1), point (b), of Regulation (EU) 2019/943. If any doubt arises as to the consistency with the Union -wide network development plan, the regulatory authority shall consult ACER. The European Scientific Advisory Board on Climate Change may give an opinion on the draft ten-year network development plan. The regulatory authority shall publish a decision, including a report, approving, amending or requiring the transmission system operator or the hydrogen transmission network operator to amend its ten-year network development plan to resolve any identified inconsistencies with paragraphs 1, 2 and 3.

Removed▌

Removed6. The regulatory authority shall monitor and evaluate the implementation of the ten-year network development plan. Such monitoring and evaluation shall be made publicly available.

Removed6a. The regulatory authority shall take the examination of network development plan for hydrogen into account in its approval of dedicated charges within the meaning of Article 4 of [recast Gas Regulation as proposed in COM(2021)xxx].

Removed7. In circumstances where the independent system operator, independent transmission operator or the hydrogen transmission network operator is unbundled in accordance with the rules applicable to the operator concerned, other than for overriding reasons beyond its control, does not execute an investment in accordance with paragraph 2, point (b), which, under the ten-year network development plan, was to be executed in the following three years, Member States shall ensure that the regulatory authority is required to take at least one of the following measures to ensure that the investment in question is made if such investment is still relevant on the basis of the most recent ten-year network development plan:

Removed(a) to require the transmission system operator or the hydrogen transmission network operator to execute the investments in question;

Removed(b) to organise a tender procedure open to any investors for the investment in question;

Removed(c) to oblige the transmission system operator or the hydrogen transmission network operator to accept a capital increase to finance the necessary investments and allow independent investors to participate in the capital.

RemovedWhere the regulatory authority has made use of its powers under point (b) the first subparagraph, it may oblige the transmission system operator or the hydrogen transmission network operator to agree to one or more of the following:

Removed(a) financing by any third party;

Removed(b) construction, repurposing or decommissioning by any third party;

Removed(c) building the new assets or decommission or repurpose existing assets concerned itself;

Removed(d) operating the new assets concerned itself.

RemovedThe transmission system operator or the hydrogen transmission network operator shall provide the investors with all information needed to realise the investment, shall connect new assets to the transmission network and shall generally make its best efforts to facilitate the implementation of the investment project.

RemovedThe relevant financial arrangements shall be subject to approval by the regulatory authority.

Removed8. Where the regulatory authority has made use of its powers under paragraph 7, the relevant tariff regulations shall cover the costs of the investments in question.

Removed8a. Without prejudice to other consultation or transparency provisions laid down in Union law, including this Directive and Regulation [recast Gas Regulation as proposed in COM(2021)xxx], or national law, when engaging in stakeholder consultations referred to in paragraph 1, paragraph 2, point (e) and paragraph 4 of this Article, the transmission system operator, the hydrogen transmission network operator and the regulatory authority shall comply with the following:

Removed(a) the consultations shall be effective and extensive and shall take place at an early stage prior to the development of the ten-year network development plan in an open, inclusive and transparent manner; the participation shall be voluntary and all relevant stakeholders shall be invited to participate, including the distribution system operator and hydrogen distribution network operator, associations involved in electricity, gas and hydrogen markets, heating and cooling, supply and production undertakings, independent aggregators, demand-response operators, organisations involved in energy efficiency solutions, energy consumer associations, civil society representatives, research organisations and universities, where appropriate;

Removed(b) as a derogation from point (a), infrastructure operators, including LNG terminal operators, storage operators, hydrogen storage and terminal operators, distribution system operators, hydrogen distribution network operators as well as district heating infrastructure and electricity operators shall be required to provide and exchange all relevant information to the transmission system operators and the hydrogen transmission network operators required for developing the single plan; end-users in hard-to-decarbonise sectors with the highest greenhouse gas abatement potential per tonne of consumed hydrogen where no other more energy and cost efficient options are available shall be required to provide and exchange all relevant information to the hydrogen transmission network operators; their views shall be fully taken into account without prejudice to paragraphs 1, 2 and 3;

Removed(c) all official documents related to the consultations and documents used for development of the draft plan and the final plan shall be made public while taking into consideration commercially sensitive information and data protection;

Removed(d) before the transmission system operator and the hydrogen transmission network operator submit the ten-year network development plan to the regulatory authority for approval, and in case the regulatory authority issues its decision approving or requiring amendments to the plan, the transmission system operator, the hydrogen transmission network operator as the case may be, shall be able to duly justify all instances where observations have not been taken into account, or have only partially been taken into account;

Removed(e) to ensure early and effective participation, the transmission system operator shall publish its draft network development plan in a timely adequate manner prior to the submission to the regulatory authority, for comments by the stakeholders referred to in point (a).

Removed▌

Removed1. Member States shall 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. Member States shall encourage municipalities with a lower population to prepare such plans. Those plans shall complement the comprehensive heating and cooling assessment in accordance with Article 23(1) of Directive (EU) .../...+. Each Members State shall complement the comprehensive heating and cooling assessment with a national strategy aiming to reduce the use of gas for the heating and cooling of buildings on distribution level in line with the integrated national energy and climate plan and its updates, with the integrated national energy climate reports and long-term strategies submitted in accordance with Regulation (EU) 2018/1999 and taking into account the availability of more energy and cost-efficient alternatives in accordance with the comprehensive heating and cooling assessment.

Removed2. The local heating and cooling plans referred to in paragraph 1 shall at least:

Removed(a) be built upon the local heating and cooling plans referred to in Article 23(6) of Directive (EU) .../...+;

Removed(b) represent the result of a thorough assessment of a specific area’s current and future demand for heating and cooling, including the energy demand of final customers in industry, SMEs, buildings and transport, and analyse the potential of decarbonisation by taking into account local and regional renewable energy sources, including non-gas renewable energy sources and the potential of biomethane based on the regional maps referred to in Article 17a(1) of Regulation [recast Gas Regulation as proposed in COM(2021)xxx], energy savings and energy efficiency measures as well as the potential of system efficiency through sector integration and the capacity for seasonal storage at local or regional level;

Removed(c) be in line with the national building renovation plan referred to in Article 3 of Directive (EU) .../... ++, the integrated multilevel mapping and planning and Go-to areas in accordance with Article 15b of Directive (EU) 2018/2001 [amended RED] as well as the joint scenario framework as referred to in Article 51(2), point (e) of this Directive;

Removed(d) take into account the national strategy referred to in paragraph 1;

Removed(e) include a strategy that fully considers the strategy referred to in Article 23(6), point (b), of Directive (EU) .../.. + and is based on points (a) to (d) of this paragraph, which establishes requirements for the infrastructure necessary on distribution level, including decommissioning and repurposing, to meet the current and future demand for heating and cooling of a specific area in the most energy and cost-efficient way and in consistency with the ten-year network development plan developed under Article 5 and implements the priority use of the most energy and cost-efficient sustainable technology in a specific residential area taking into account the building stock, including the potential of high efficiency district heating expansion contributing to emissions reduction from existing buildings;