Changes from plenary report to adopted text

Removed(ga) where cross-sectoral issues arise, clarifying competencies among regulators and authorities and ensuring that solutions are cost-efficient;

Removed(h) helping to achieve high standards of public service for natural gas, contributing to the protection of vulnerable customers and contributing to the compatibility of necessary data exchange processes for customer switching;

Removed(ha) ensuring that customers are granted instruments to submit complaints in the case of supply disruptions of natural gas and hydrogen.

Removed1. The regulatory authority shall have the following duties:

Removed(a) fixing or approving, in accordance with transparent criteria, transmission or distribution tariffs or their methodologies, or both and publishing such tariffs or methodologies together with the relevant assumptions;

Removed(aa) fixing or approving, in accordance with transparent criteria, including depreciation, tariff rules;

Removed(ab) participating in drafting the joint scenario framework for the ten-year network development plan in accordance with Article 51(2), point (e);

Removed(b) as of 1 January 2031 or as from the date of applying Article 31(1), fixing or approving, in accordance with transparent criteria, tariffs for hydrogen network access or their methodologies, or both, and publishing those tariffs or methodologies together with the relevant assumptions;

Removed(c) fixing or approving, in accordance with transparent criteria (i) the size and duration of the dedicated charge referred in Article 4 of [recast Gas Regulation as proposed in COM(2021) xxx] or their methodologies, or both (ii) the value of transferred assets and the destination of any profits and losses that may occur as a result and (iii) the allocating contributions to the dedicated charge;

Removed(d) ensuring compliance of transmission system operators and distribution system operators, and where relevant, system owners, hydrogen network operators as well as of any natural gas nd hydrogen undertakings and other market participants, ▌with their obligations under this Directive, [the recast Gas Regulation as proposed in COM(2021) xxx], the network codes and guidelines adopted pursuant Article 52 and 53 of Gas Regulation, Regulation (EU) 2017/1938 and other relevant Union law, including as regards cross-border issues, as well as ACER’s decisions;

Removed(e) in close coordination with the other regulatory authorities, ensuring the compliance of the ENTSO for Gas, the EU DSO entity and the ENNOH with their obligations under this Directive [recast Gas Regulation as proposed in COM(2021) xxx], the network codes and guidelines adopted pursuant to Articles 52 to 56 of [the recast Gas Regulation proposed in COM(2021) xxx], and other relevant Union law, including as regards cross-border issues, as well as with ACER's decisions, and jointly identifying non-compliance of the ENTSO for Gas, the EU DSO entity and the ENNOH with their respective obligations; where the regulatory authorities have not been able to reach an agreement within a period of four months after the start of consultations for the purpose of jointly identifying non-compliance, the matter shall be referred to the ACER for a decision, pursuant to Article 6(10) of Regulation (EU) 2019/942;

Removed(f) monitoring the development of gas qualities and gas quality management by transmission system operators and where relevant by distribution system operators, including monitoring the development of costs related to the management of gas quality by system operators and the developments related to the blending of hydrogen into the natural gas system;

Removed(g) monitoring the development of hydrogen quality and hydrogen quality management by hydrogen network operators where relevant as referred to in Article 46, including monitoring the development of costs related to the management of hydrogen quality;

Removed▌

Removed(i) taking the examination and assessment of the overview of the development of the hydrogen transport infrastructure as requested under point (ee) into account in its approval of dedicated charges within the meaning of Article 4 of [recast Gas Regulation as proposed in COM(2021) xxx];

Removed(j) cooperating with regard to cross-border issues with the regulatory authority or authorities of the Member States concerned and with the ACER, in particular through participation in the work of ACER’s Board of Regulators pursuant to Article 21 of Regulation (EU) 2019/942. In respect of infrastructure to and from a third country, the regulatory authority of the Member State where the first interconnection point with the Member States' network is located may cooperate with the relevant authorities of the third country, including those of the Energy Community Contracting Parties, after consulting the regulatory authorities of other Member States concerned, aiming at, as regards that infrastructure, consistent application of this Directive in the territory of the Member States;

Removed(ja) ensuring an independent decision-making process, including the consultation of relevant stakeholder in an open, inclusive and transparent manner in accordance with Article 51(8a);

Removed(k) complying with, and implementing, any relevant legally binding decisions of ACER and of the Commission;

Removed(l) reporting annually on its activity and the fulfilment of its duties to the relevant authorities of the Member States, ACER and the Commission. Such reports shall cover the steps taken and the results obtained as regards each of the tasks listed in this Article;

Removed(m) ensuring that there are no cross-subsidies between transmission, distribution, hydrogen transport, natural gas and hydrogen storage, LNG and hydrogen terminals and natural gas and hydrogen supply activities;

Removed(ma) monitoring and issuing a report on the unbundling of accounts in accordance with Article 69 where a hydrogen network operator is part of an undertaking active in transmission or distribution of natural gas or electricity, with a specific focus as regards the assets transferred or reused from natural gas accounts to hydrogen accounts and the work, including repurposing, carried out for the purpose of such a transfer, making that report publicly available while preserving the confidentiality of commercially sensitive information and data protection as well as security of the energy infrastructure;

Removed(n) monitoring investment plans of the transmission system operators and hydrogen network operators, and providing in its annual report an assessment of the investment plans of the transmission system operators and hydrogen network operators as regards their consistency with the Union -wide network development plan referred to in ▌Article 29 of [recast Gas Regulation as proposed in COM(2021) xxx]; such assessment may include recommendations to amend those investment plans;

Removed(o) monitoring compliance with and reviewing the past performance of network security and reliability rules and setting or approving standards and requirements for quality of service and supply or contributing thereto together with other competent authorities;

Removed(p) monitoring the level of transparency, including of wholesale prices, and ensuring compliance of natural gas and hydrogen undertakings with transparency obligations;

Removed(q) actively monitoring the level and effectiveness of market opening and competition at wholesale and retail levels, including on natural gas and hydrogen exchanges, prices for household customers including prepayment systems, price spikes and their impact on retail and consumer prices, the relationship between household prices and wholesale prices, how network costs and policy levies are passed through to customers, the evolution of supplier operational costs and margins across different final customer groups, the number of tariffs available to different customer groups, number of offers restricted to different sale channels, number of customers on bundled contracts, satisfaction with the service provided by their supplier and complaint handling services, switching rates and switching times, including gas switches, disconnection rates, charges for and the execution of maintenance services, the number of disconnections and the reasons for such disconnections and customers in debt, in particular with regard to vulnerable customers and customers who are affected by or at risk of energy poverty, and complaints by household customers, as well as any distortion or restriction of competition, including providing any relevant information, and bringing any relevant cases to the relevant competition or consumer protection authorities, the share of energy efficiency measures under Article 8 of Directive (EU) .../...+ implemented as a priority in households affected by or at risk of energy poverty and living in social housing;

Removed(r) monitoring the occurrence of restrictive contractual practices, including exclusivity clauses which may prevent large non-household customers from contracting simultaneously with more than one supplier or restrict their choice to do so, and, where appropriate, informing the national competition authorities of such practices;

Removed(s) respecting contractual freedom with regard to long-term supply and capacity contracts, including hydrogen long-term contracts and hydrogen purchase agreements provided that they are compatible with Union law and consistent with Union policies and provided they contribute to decarbonisation objectives ▌;

Removed(t) monitoring the time taken by natural gas transmission and distribution system operators or hydrogen network operators to assess network connection requests by renewable gas producers, including technical studies, and to make connections and repairs for renewable gas producers and end-users;

Removed(u) monitoring and reviewing the access conditions to storage, linepack and other ancillary services as provided for in Article 29 or ▌33. In the event that the access regime to natural gas storage is defined pursuant to Article 29(3), that task shall exclude the reviewing of tariffs;

Removed(v) ensuring, together with other relevant authorities, that the consumer protection measures, including those set out in Annex I, are effective and enforced through proper monitoring and reporting, such monitoring taking into account consumer interests and, in particular, assessing:

Removed(i) the level of debt, in particular with regard to vulnerable customers and customers affected by or at risk of energy poverty, the barriers for customers to exercise their rights, including access to information on out-of-court dispute settlement mechanism, the availability and access to information with regard to energy offers, and possibility to compare energy offers by using certified comparison tools;

Removed(ii) the existence of misleading practices and offers;

Removed(iii) the existence of barriers for customers to exercise their rights such as switching, termination of contract, and access to out-of-court dispute settlement mechanism;

Removed(iv) the existence of measures to promote energy savings and renewable energy deployment for household customers affected by energy poverty, and in particular by assessing the effectiveness of measures under Article 25;

Removed(va) set minimum binding requirements for offers to be labelled as ‘green tariffs’, based on the ability of suppliers to substantiate the additionality of the contract by showing how consumers’ money is used to increase installed capacity of sustainable renewable energy beyond what would otherwise be installed;

Removed(w) publishing recommendations, at least annually, in relation to compliance of supply prices with Article 6, and providing those to the competition authorities, where appropriate;

Removed(x) ensuring non-discriminatory access to customer consumption data, the provision for optional use, of an easily understandable harmonised format at national level for consumption data and prompt access for all customers to such data pursuant Articles 22 and 23;

Removed(y) monitoring the strict implementation of rules relating to the roles and responsibilities of transmission system operators, distribution system operators, hydrogen network operators, suppliers and customers and other market parties pursuant to [recast Gas Regulation as proposed in COM(2021) xxx], including rules requiring network operators to maintain separate regulatory asset base for gas, electricity and hydrogen assets and ensuring that financial transfers between different regulatory asset bases do not take place;

Removed(z) monitoring the correct application of the criteria that determine whether a natural gas storage facility falls under Article 29(3) or (4); ▌

Removed(aa) monitoring the implementation of safeguards measures as referred to in Article 77;

Removed(bb) contributing to the compatibility of data exchanges processes for the most important market processes at regional level;

Removed(cc) implementing the network codes and guidelines adopted pursuant Article 52 through national measures or, where so required, coordinated regional or Union-wide measures;

Removed(dd) ensuring an open, transparent, efficient and inclusive process for the setting up of the national network development plan in line with the requirements set out in Articles 51 and of the distribution network plan in line with the requirements set out in Article 52b;

Removed(ee) approving, amending or requiring the transmission system operator or the hydrogen transmission operator to amend the network development plans as referred to in Article 51 and publish that decision, including a report;

Removed(eea) approving, rejecting or requesting to amend the distribution network development plans as referred to in Article 52b and publish that decision, including a report;

Removed(eeb) providing for the stakeholder consultations as set out in Article 51;

Removed(ff) monitoring gas quality control and management by transmission system operators, distribution system operators, storage system operators and LNG facility operators;

Removed(gg) monitoring the implementation of the measures taken in emergency state, as provided for in Regulation (EU) 2017/1938 and laid down in the national emergency plan, including solidarity measures under its Article 13;

Removed(hh) monitoring the availability of comparison websites, including comparison tools that fulfil the criteria in Article 12;

Removed(ii) monitoring the removal of unjustified obstacles to and restrictions on the development of consumption of self-generated renewable natural gas and renewable energy communities.

Removed2. Where a Member State has so provided, the monitoring duties set out in paragraph 1 may be carried out by other authorities than the regulatory authority. In such a case, the information resulting from such monitoring shall be made available to the regulatory authority as soon as possible.

RemovedWhile preserving their independence, without prejudice to their own specific competencies and consistent with the principles of better regulation, the regulatory authority shall, as appropriate, consult natural gas transmission system and hydrogen network operators and, as appropriate, closely cooperate with other relevant national authorities when carrying out the duties set out in paragraph 1.

RemovedAny approvals given by a regulatory authority or the ACER under this Directive are without prejudice to any duly justified future use of its powers by the regulatory authority under this Article or to any penalties imposed by other relevant authorities or the Commission.

Removed3. In addition to the duties conferred upon it under paragraph 1 of this Article, when an independent system operator or an independent hydrogen network operator has been designated under Article 55 or Article 62, the regulatory authority shall:

Removed(a) monitor the transmission system owner’s and the independent system operator’s and hydrogen network owner’s and independent hydrogen network operator’s compliance with their obligations under this Article, and issue penalties for non compliance in accordance with paragraph 4, point (d);

Removed(b) monitor the relations and communications between the independent system operator and the transmission system owner or the hydrogen network owner and the independent hydrogen network operator, so as to ensure compliance of the independent system operator or the independent hydrogen network operator with its obligations, and in particular approve contracts and act as a dispute settlement authority between the independent system operator and the transmission system owner or the hydrogen network owner and the independent hydrogen network operator in respect of any complaint submitted by either party pursuant to paragraph 11;

Removed(c) without prejudice to the procedure under Article 55(2), point (c), for the first ten-year network development plan, approve the investments planning and the multi-annual network development plan presented annually by the independent system operator or the independent hydrogen network operator;

Removed(d) ensure that network access tariffs collected by the independent system operator or the independent hydrogen network operator include remuneration for the network owner or network owners, which provides for adequate remuneration of the network assets and of any new investments made therein, provided they are economically and efficiently incurred;

Removed(e) have the powers to carry out inspections, including unannounced inspections, at the premises of transmission system owner and independent system operator, or of the hydrogen network owner and the independent hydrogen network operator.

Removed4. Member States shall ensure that regulatory authorities are granted the powers enabling them to carry out the duties referred to in paragraphs 1, 3 and 6 in an efficient and expeditious manner. For this purpose, the regulatory authority shall have at least the following powers: