Text · Amendment list
Guidelines for trans-European energy infrastructure, amending Regulations (EU) 2019/942, (EU) 2019/943 and (EU) 2024/1789 and repealing Regulation (EU) 2022/869
Document ITRE-AM-788939 · COM(2025)1006 – 2025/0399(COD)
- Kind
- Amendment list ITRE-AM-788939
- Date
- 19 May 2026
- Committee
- Committee on Industry, Research and Energy
- Dossier
- 2025-0399
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- COM(2025)1006 – 2025/0399(COD)
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Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 7. Within two months of having received the comments from the TEN-E Group members, the ENTSO for Electricity and the ENNOH shall adapt the draft infrastructure needs identification reports, taking into account the comments of the TEN-E Group and the Agency, to ensure full compliance with the requirements in paragraph 2, and shall submit the final infrastructure identification report to the Commission. | 7. Within two months of having received the comments from the TEN-E Group members, the ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall adapt the draft infrastructure needs identification reports, taking into account the comments of the TEN-E Group and the Agency, to ensure full compliance with the requirements in paragraph 2, and shall submit the final infrastructure identification report to the Commission. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. Within two months of having received the comments from the TEN-E Group members, the ENTSO for Electricity and the ENNOH shall adapt the draft infrastructure needs identification reports, taking into account the comments of the TEN-E Group and the Agency, to ensure full compliance with the requirements in paragraph 2, and shall submit the final infrastructure identification report to the Commission. | 7. Within six months of having received the comments from the TEN-E Group members, the ENTSO for Electricity and the ENNOH shall adapt the draft infrastructure needs identification reports, taking into account the comments of the TEN-E Group and the Agency, to ensure full compliance with the requirements in paragraph 2, and shall submit the final infrastructure identification report to the the TEN-E Group. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. Within two months of having received the comments from the TEN-E Group members, the ENTSO for Electricity and the ENNOH shall adapt the draft infrastructure needs identification reports, taking into account the comments of the TEN-E Group and the Agency, to ensure full compliance with the requirements in paragraph 2, and shall submit the final infrastructure identification report to the Commission. | 7. Within two months of having received the comments from the TEN-E Group members, the ENTSO for Electricity and the ENNOH shall adapt the draft infrastructure needs identification reports, taking into account the comments of the TEN-E Group and the Agency, to ensure full compliance with the requirements in paragraph 2, and shall submit the final infrastructure identification report to the TEN-E Group. |
Mariateresa Vivaldini, Elena Donazzan, Nicola Procaccini, Francesco Torselli, Lara Magoni, Alessandro Ciriani, Ondřej Krutílek
| Text proposed by the Commission | Amendment |
|---|---|
| 7. Within two months of having received the comments from the TEN-E Group members, the ENTSO for Electricity and the ENNOH shall adapt the draft infrastructure needs identification reports, taking into account the comments of the TEN-E Group and the Agency, to ensure full compliance with the requirements in paragraph 2, and shall submit the final infrastructure identification report to the Commission. | 7. Within six months of having received the comments from the TEN-E Group members, the ENTSO for Electricity and the ENNOH shall adapt the draft infrastructure needs identification reports, taking into account the comments of the TEN-E Group and the Agency, to ensure full compliance with the requirements in paragraph 2, and shall submit the final infrastructure identification report the TEN-E Group.. |
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The Commission shall submit the final draft infrastructure needs identification report to the decision-making body of the TEN-E Group for endorsement. Before submitting the final draft infrastructure needs identification reports to the decision-making body of the TEN-E Group, the Commission may request updates and improvements with due justification and within a reasonable timeframe, where it finds that the final draft infrastructure needs identification reports do not appropriately reflect the comments from the members of the TEN-E Group and to ensure full compliance with the principles set out in Annex VII. The ENTSO for Electricity and the ENNOH respectively, shall fully address such requests within one month and re-submit the revised final draft infrastructure needs identification reports to the Commission. | deleted |
The amendment clarifies that TEN-E Regional Groups should remain responsible for matching identified infrastructure needs with concrete project solutions.
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The Commission shall submit the final draft infrastructure needs identification report to the decision-making body of the TEN-E Group for endorsement. Before submitting the final draft infrastructure needs identification reports to the decision-making body of the TEN-E Group, the Commission may request updates and improvements with due justification and within a reasonable timeframe, where it finds that the final draft infrastructure needs identification reports do not appropriately reflect the comments from the members of the TEN-E Group and to ensure full compliance with the principles set out in Annex VII. The ENTSO for Electricity and the ENNOH respectively, shall fully address such requests within one month and re-submit the revised final draft infrastructure needs identification reports to the Commission. | deleted |
The process of reviewing and approving the Infrastructure needs identification report f should be simplified by having ENTSO‑E and ENNOH submit updated reports directly to the TEN‑E Groups, with 3 months allocated to consider and implement their comments. The proposed amendment is consistent with the proposal under Article 12(7).
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The Commission shall submit the final draft infrastructure needs identification report to the decision-making body of the TEN-E Group for endorsement. Before submitting the final draft infrastructure needs identification reports to the decision-making body of the TEN-E Group, the Commission may request updates and improvements with due justification and within a reasonable timeframe, where it finds that the final draft infrastructure needs identification reports do not appropriately reflect the comments from the members of the TEN-E Group and to ensure full compliance with the principles set out in Annex VII. The ENTSO for Electricity and the ENNOH respectively, shall fully address such requests within one month and re-submit the revised final draft infrastructure needs identification reports to the Commission. | deleted |
Mariateresa Vivaldini, Elena Donazzan, Nicola Procaccini, Francesco Torselli, Lara Magoni, Alessandro Ciriani
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The Commission shall submit the final draft infrastructure needs identification report to the decision-making body of the TEN-E Group for endorsement. Before submitting the final draft infrastructure needs identification reports to the decision-making body of the TEN-E Group, the Commission may request updates and improvements with due justification and within a reasonable timeframe, where it finds that the final draft infrastructure needs identification reports do not appropriately reflect the comments from the members of the TEN-E Group and to ensure full compliance with the principles set out in Annex VII. The ENTSO for Electricity and the ENNOH respectively, shall fully address such requests within one month and re-submit the revised final draft infrastructure needs identification reports to the Commission. | deleted |
In the proposal of the Commission the review and approval process of the infrastructure identification report would result lengthy and complex, adding an additional step circulating the reports to the Commission. Therefore, it is proposed to simplify the process by having ENTSO-E and ENNOH send the updates reports directly to the TEN-E Groups.
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The Commission shall submit the final draft infrastructure needs identification report to the decision-making body of the TEN-E Group for endorsement. Before submitting the final draft infrastructure needs identification reports to the decision-making body of the TEN-E Group, the Commission may request updates and improvements with due justification and within a reasonable timeframe, where it finds that the final draft infrastructure needs identification reports do not appropriately reflect the comments from the members of the TEN-E Group and to ensure full compliance with the principles set out in Annex VII. The ENTSO for Electricity and the ENNOH respectively, shall fully address such requests within one month and re-submit the revised final draft infrastructure needs identification reports to the Commission. | deleted |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The Commission shall submit the final draft infrastructure needs identification report to the decision-making body of the TEN-E Group for endorsement. Before submitting the final draft infrastructure needs identification reports to the decision-making body of the TEN-E Group, the Commission may request updates and improvements with due justification and within a reasonable timeframe, where it finds that the final draft infrastructure needs identification reports do not appropriately reflect the comments from the members of the TEN-E Group and to ensure full compliance with the principles set out in Annex VII. The ENTSO for Electricity and the ENNOH respectively, shall fully address such requests within one month and re-submit the revised final draft infrastructure needs identification reports to the Commission. | 8. The Commission shall submit the final draft infrastructure needs identification report to the decision-making body of the TEN-E Group for endorsement. Before submitting the final draft infrastructure needs identification reports to the decision-making body of the TEN-E Group, the Commission may request updates and improvements with due justification and within a reasonable timeframe, where it finds that the final draft infrastructure needs identification reports do not appropriately reflect the comments from the members of the TEN-E Group and to ensure full compliance with the principles set out in Annex VII. The ENTSO for Electricity, the ENTSO for Gas and the ENNOH respectively, shall fully address such requests within one month and re-submit the revised final draft infrastructure needs identification reports to the Commission. |
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The Commission shall submit the final draft infrastructure needs identification report to the decision-making body of the TEN-E Group for endorsement. Before submitting the final draft infrastructure needs identification reports to the decision-making body of the TEN-E Group, the Commission may request updates and improvements with due justification and within a reasonable timeframe, where it finds that the final draft infrastructure needs identification reports do not appropriately reflect the comments from the members of the TEN-E Group and to ensure full compliance with the principles set out in Annex VII. The ENTSO for Electricity and the ENNOH respectively, shall fully address such requests within one month and re-submit the revised final draft infrastructure needs identification reports to the Commission. | 8. The Commission shall submit the final draft infrastructure needs identification report to the decision-making body of the TEN-E Group for endorsement. Before submitting the final draft infrastructure needs identification reports to the decision-making body of the TEN-E Group, the Commission and the Agency may request updates and improvements with due justification and within a reasonable timeframe, where it finds that the final draft infrastructure needs identification reports do not appropriately reflect the comments from the members of the TEN-E Group and the Stakeholder Reference Group, and to ensure full compliance with the principles set out in Annex VII. The Planner shall fully address such requests within one month and re-submit the revised final draft infrastructure needs identification reports to the Commission. |
| Text proposed by the Commission | Amendment |
|---|---|
| 9. The decision-making body of the TEN-E Group shall endorse the final infrastructure needs identification reports within one month of their receipt. | deleted |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 10. Within two weeks of the endorsement of the infrastructure needs identification reports pursuant to paragraph 8, the ENTSO for Electricity and the ENNOH shall publish them on their website respectively. Where relevant, the ENTSO for Electricity and the ENNOH shall update the infrastructure needs identification reports in accordance with the sensitivity analyses adopted pursuant to Article 11(8), when requested by the Commission. | 10. Within two weeks of the endorsement of the infrastructure needs identification reports pursuant to paragraph 8, the ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall publish them on their website respectively. Where relevant, the ENTSO for Electricity, the ENTSO for Gas and the ENNOH, specifically including grid-enhancing technology providers, shall update the infrastructure needs identification reports in accordance with the sensitivity analyses adopted pursuant to Article 11(8), when requested by the Commission and shall indicate the consequences of those updates for the implementation phases and investment costs under the Union strategic scenario. |
The amendment is necessary to ensure that updates to infrastructure needs identification reports adequately reflect the operational and investment implications of sensitivity analyses, while also taking into account relevant expertise on grid-enhancing technologies and system optimisation solutions.
| Text proposed by the Commission | Amendment |
|---|---|
| 10. Within two weeks of the endorsement of the infrastructure needs identification reports pursuant to paragraph 8, the ENTSO for Electricity and the ENNOH shall publish them on their website respectively. Where relevant, the ENTSO for Electricity and the ENNOH shall update the infrastructure needs identification reports in accordance with the sensitivity analyses adopted pursuant to Article 11(8), when requested by the Commission. | 10. Within two weeks of the approval by the Agency of the infrastructure needs identification reports pursuant to paragraph 8, the ENTSO for Electricity, the ENNOH and the ENTSO for gas shall publish them on their website respectively, together with the data, assumptions and sources that informed the report, in a sufficiently granular form and considering any restrictions under national law. Where relevant, the ENTSO for Electricity and the ENNOH shall update the infrastructure needs identification reports in accordance with the sensitivity analyses adopted pursuant to Article 11(8), when requested by the Commission. |
| Text proposed by the Commission | Amendment |
|---|---|
| 10. Within two weeks of the endorsement of the infrastructure needs identification reports pursuant to paragraph 8, the ENTSO for Electricity and the ENNOH shall publish them on their website respectively. Where relevant, the ENTSO for Electricity and the ENNOH shall update the infrastructure needs identification reports in accordance with the sensitivity analyses adopted pursuant to Article 11(8), when requested by the Commission. | 10. Within two weeks of the approval of the infrastructure needs identification reports by the Agency pursuant to paragraph 7, the ENTSO for Electricity and the ENNOH shall publish them on their website respectively, together with the corresponding final data, assumptions and relevant sources in a sufficiently accurate form. Where relevant, the ENTSO for Electricity and the ENNOH shall update the infrastructure needs identification reports in accordance with the sensitivity analyses adopted pursuant to Article 11(8), when requested by the Commission. |
| Text proposed by the Commission | Amendment |
|---|---|
| 10. Within two weeks of the endorsement of the infrastructure needs identification reports pursuant to paragraph 8, the ENTSO for Electricity and the ENNOH shall publish them on their website respectively. Where relevant, the ENTSO for Electricity and the ENNOH shall update the infrastructure needs identification reports in accordance with the sensitivity analyses adopted pursuant to Article 11(8), when requested by the Commission. | 10. Within two weeks of the endorsement of the infrastructure needs identification reports pursuant to paragraph 8, the ENTSO for Electricity and the ENNOH shall publish them on their website respectively, following the procedure stipulated in paragraph 4. |
It does not make sense to add the consideration of a sensitivity analysis at the very end of the approval process, when TEN-E Groups have already endorsed the reports. New sensitivity analysis should be performed in a new report, which will follow the same review and approval process starting from step 1 in Art 12(4).
| Text proposed by the Commission | Amendment |
|---|---|
| 10. Within two weeks of the endorsement of the infrastructure needs identification reports pursuant to paragraph 8, the ENTSO for Electricity and the ENNOH shall publish them on their website respectively. Where relevant, the ENTSO for Electricity and the ENNOH shall update the infrastructure needs identification reports in accordance with the sensitivity analyses adopted pursuant to Article 11(8), when requested by the Commission. | 10. Within two weeks of the endorsement of the infrastructure needs identification reports pursuant to paragraph 8, the Planner, the ENTSO for Electricity and the ENNOH shall publish them on their website respectively. Where relevant, the Planner, the ENTSO for Electricity and the ENNOH shall update the infrastructure needs identification reports in accordance with the sensitivity analyses adopted pursuant to Article 11(8), when requested by the Commission. |
Jana Nagyová, Ondřej Knotek, Tomáš Kubín, Mélanie Disdier, Aleksandar Nikolic, Ewa Zajączkowska-Hernik
| Text proposed by the Commission | Amendment |
|---|---|
| 11. By [9 months after entry into force of this Regulation] the Agency, after having conducted an extensive consultation involving the Commission, the Member States the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO Entity and other relevant stakeholders, shall publish a binding methodology for the identification of infrastructure needs. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 11. By [9 months after entry into force of this Regulation] the Agency, after having conducted an extensive consultation involving the Commission, the Member States the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO Entity and other relevant stakeholders, shall publish a binding methodology for the identification of infrastructure needs. | 11. By [9 months after entry into force of this Regulation] the ENTSO for Electricity and ENNOH after having conducted an extensive consultation involving the Commission, the Member States, the Agency, the EU DSO Entity and other relevant stakeholders, shall submit to the Agency draft sector- methodologies for the identification of infrastructure needs. Before the submission, they shall carry out out an extensive public consultation of relevant stakeholders, in accordance with Regulation (EU) 2024/1789 and in Regulation (EU) 2019/943. |
| Within three months of the receipt of the draft methodologies for the identification of infrastructure needs, the Agency shall provide an opinion to the ENTSO for Electricity and the ENNOH. The Agency shall notify its opinion to the ENTSO for Electricity, the ENNOH, the Member States, and the Commission and publish it on its website. | |
| Within three months of receipt of the opinions of the Agency and Member States, the ENTSO for Electricity and the ENNOH shall amend their respective methodologies to take into account the opinions of the Agency and the Member States, where appropriate, and submit them to the Commission for its approval. | |
| Within three months of the submission, the Commission shall issue a decision approving the draft methodologies or requesting the ENTSO for Electricity and ENNOH to amend the draft methodologies where needed and resubmit. If the proposal is not approved, the Agency must provide a detailed explanation and request the ENTSO for Electricity and the ENNOH to resubmit the proposed methodologies for final approval. The ENTSO for Electricity and ENNOH shall resubmit the draft methodologies within three months of request. The Commission shall publish its approval decision on its website. |
A regulator should not perform tasks it is required to regulate, as effective checks and balances are necessary. ENTSO‑E, which is legally mandated to implement the methodology and subject to binding deadlines and legal consequences, should therefore have an active role in drafting it. The methodology should build on ENTSO‑E’s long‑standing technical expertise, while ACER’s role should focus on ensuring legal compliance. Responsibilities should be shared, with ENTSO‑E and ENNOH drafting the methodology, ACER issuing an opinion, and the Commission approving it, in line with the CBA methodology process.
| Text proposed by the Commission | Amendment |
|---|---|
| 11. By [9 months after entry into force of this Regulation] the Agency, after having conducted an extensive consultation involving the Commission, the Member States the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO Entity and other relevant stakeholders, shall publish a binding methodology for the identification of infrastructure needs. | 11. By [12 months after entry into force of this Regulation] the Agency, after having conducted an extensive consultation involving the Commission, the Member States the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO Entity and other relevant stakeholders, including TSOs, DSOs and other electricity operators, charging point operators, e-mobility service providers, network users, consumers, academia and civil society, shall publish a binding methodology for the identification of infrastructure needs. |
Thorough stakeholder engagement and reliance on best practices for stakeholder consultation is key to improve the planning process and ensure its public acceptance
Anna Stürgkh, Andreas Glück, Emma Wiesner, Morten Løkkegaard, Sophie Wilmès, Bart Groothuis, Martin Hojsík
| Text proposed by the Commission | Amendment |
|---|---|
| 11. By [9 months after entry into force of this Regulation] the Agency, after having conducted an extensive consultation involving the Commission, the Member States the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO Entity and other relevant stakeholders, shall publish a binding methodology for the identification of infrastructure needs. | 11. By [9 months after entry into force of this Regulation] the Agency, after having conducted an extensive consultation involving the Commission, the Member States the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO Entity and other relevant stakeholders, shall publish a binding methodology for the identification of infrastructure needs. The methodology shall ensure that the infrastructure needs identification is carried out and updated at least every two years. |
| Text proposed by the Commission | Amendment |
|---|---|
| 11. By [9 months after entry into force of this Regulation] the Agency, after having conducted an extensive consultation involving the Commission, the Member States the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO Entity and other relevant stakeholders, shall publish a binding methodology for the identification of infrastructure needs. | 11. By [9 months after entry into force of this Regulation] the Agency, after having conducted an extensive consultation involving the Commission, the Member States, the Planner, the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO Entity, the Stakeholder Reference Group, the ESABCC, and other relevant stakeholders, shall publish a binding methodology for the identification of infrastructure needs. |
| Text proposed by the Commission | Amendment |
|---|---|
| 11. By [9 months after entry into force of this Regulation] the Agency, after having conducted an extensive consultation involving the Commission, the Member States the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO Entity and other relevant stakeholders, shall publish a binding methodology for the identification of infrastructure needs. | 11. By [9 months after entry into force of this Regulation] the ENTSO for Electricity, the ENNOH and the EU DSO Entity, after having conducted an extensive consultation involving the Commission, the Member States and the Agency, shall publish a binding methodology for the identification of infrastructure needs. |
| Text proposed by the Commission | Amendment |
|---|---|
| 11. By [9 months after entry into force of this Regulation] the Agency, after having conducted an extensive consultation involving the Commission, the Member States the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO Entity and other relevant stakeholders, shall publish a binding methodology for the identification of infrastructure needs. | 11. By [9 months after entry into force of this Regulation] the ENTSO for Electricity, and the ENTSO for Gas and the ENNOH, after having conducted an extensive consultation involving the Commission, the Member States the Agency, the EU DSO Entity and other relevant stakeholders, shall publish a binding methodology for the identification of infrastructure needs. |
| Text proposed by the Commission | Amendment |
|---|---|
| 11. By [9 months after entry into force of this Regulation] the Agency, after having conducted an extensive consultation involving the Commission, the Member States the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO Entity and other relevant stakeholders, shall publish a binding methodology for the identification of infrastructure needs. | 11. By [9 months after entry into force of this Regulation] the ENTSO for Electricity, and the ENTSO for Gas, the ENNOH, after having conducted an extensive consultation involving the Commission, the Member States the Agency, the EU DSO Entity and other relevant stakeholders, shall publish a binding methodology for the identification of infrastructure needs. |
Mariateresa Vivaldini, Elena Donazzan, Nicola Procaccini, Francesco Torselli, Lara Magoni, Alessandro Ciriani, Ondřej Krutílek
| Text proposed by the Commission | Amendment |
|---|---|
| 11. By [9 months after entry into force of this Regulation] the Agency, after having conducted an extensive consultation involving the Commission, the Member States the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO Entity and other relevant stakeholders, shall publish a binding methodology for the identification of infrastructure needs. | 11. By [9 months after entry into force of this Regulation] the Agency, after having conducted an extensive consultation involving the Commission, the Member States, the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO Entity and other relevant stakeholders, shall publish framework guidelines for the identification of infrastructure needs. |
As infrastructure operators, ENTSO for Electricity, ENTSOG for Gas and ENNOH are best placed to define methodologies for infrastructure needs identification and related report.As consolidated practice for Network Codes, ACER could be empowered to draft framework guidelines for ENTSOs on identification of infrastructure needs (as stronger role with respect to the current opinions provided to ENTSOs on infrastructure gap identification).
Jana Nagyová, Ondřej Knotek, Tomáš Kubín, Mélanie Disdier, Aleksandar Nikolic, Ewa Zajączkowska-Hernik
| Text proposed by the Commission | Amendment |
|---|---|
| 12. The methodology shall ensure that the infrastructure needs identification report complies with the principles laid down in Annex VII. | deleted |
Mariateresa Vivaldini, Elena Donazzan, Nicola Procaccini, Francesco Torselli, Lara Magoni, Alessandro Ciriani, Ondřej Krutílek
| Text proposed by the Commission | Amendment |
|---|---|
| 12. The methodology shall ensure that the infrastructure needs identification report complies with the principles laid down in Annex VII. | 12. The framework guidelines shall ensure that the infrastructure needs identification report complies with the principles laid down in Annex VII. |
Jana Nagyová, Ondřej Knotek, Tomáš Kubín, Mélanie Disdier, Aleksandar Nikolic, Ewa Zajączkowska-Hernik
| Text proposed by the Commission | Amendment |
|---|---|
| 13. The Agency on its own initiative, or upon request of the Commission, shall update the methodology where necessary. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 13. The Agency on its own initiative, or upon request of the Commission, shall update the methodology where necessary. | 13. The Commission on its own initiative shall request the ENTSO for Electricity and the ENNOH to update the sector-methodologies where necessary. ENTSO for Electricity-E and ENNOH may propose amendments to the methodologies on their own initiative. |
ACER or the EC may ask ENTSO-E to draft and submit to ACER an updated methodology. The proposed amendment is consistent with the proposal under Article 12(11).
| Text proposed by the Commission | Amendment |
|---|---|
| 13. The Agency on its own initiative, or upon request of the Commission, shall update the methodology where necessary. | 13. The ENTSO for Electricity, and the ENTSO for Gas and the ENNOH on their own initiative, or upon request of the Commission, shall update the methodology where necessary. |
| Text proposed by the Commission | Amendment |
|---|---|
| 13. The Agency on its own initiative, or upon request of the Commission, shall update the methodology where necessary. | 13. The ENTSO for Electricity, the ENTSO for Gas, the ENNOH, on their own initiative, or upon request of the Commission, shall update the methodology where necessary. |
| Text proposed by the Commission | Amendment |
|---|---|
| 13. The Agency on its own initiative, or upon request of the Commission, shall update the methodology where necessary. | 13. The ENTSO for Electricity and the ENNOH on their own initiative, or upon request of the Commission, shall update the methodology where necessary. |
Mariateresa Vivaldini, Elena Donazzan, Nicola Procaccini, Francesco Torselli, Lara Magoni, Alessandro Ciriani, Ondřej Krutílek
| Text proposed by the Commission | Amendment |
|---|---|
| 13. The Agency on its own initiative, or upon request of the Commission, shall update the methodology where necessary. | 13. The Agency on its own initiative, or upon request of the Commission, shall update the framework guidelines where necessary. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 13 | deleted |
| Needs matching process in the electricity system | |
| 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, the Commission may launch a process to identify possible solutions to address the unmatched needs. | |
| 2. The Commission, in cooperation with the ENTSO for Electricity, the Member States and the Agency, shall invite system operators in the relevant Groups to propose, within six months of the invitation, projects capable of addressing the unmatched needs. The Commission shall submit the proposed projects to the relevant Groups established in accordance with Article 3 for discussion. The Commission may involve other relevant stakeholders and other regional cooperation fora. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | |
| 3. Where the process under paragraph 2 does not identify projects capable of addressing the unmatched needs, the Commission may launch a call for proposals open to any third party capable of becoming a project promoter to propose projects capable of addressing the unmatched needs. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | |
| 4. The Commission shall monitor the outcome of the process and progress of the projects referred to in paragraphs 2 and 3 and closely involve the relevant Groups established in accordance with Article 3 and other relevant regional cooperation fora. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 13 | deleted |
| Needs matching process in the electricity system | |
| 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, the Commission may launch a process to identify possible solutions to address the unmatched needs. | |
| 2. The Commission, in cooperation with the ENTSO for Electricity, the Member States and the Agency, shall invite system operators in the relevant Groups to propose, within six months of the invitation, projects capable of addressing the unmatched needs. The Commission shall submit the proposed projects to the relevant Groups established in accordance with Article 3 for discussion. The Commission may involve other relevant stakeholders and other regional cooperation fora. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | |
| 3. Where the process under paragraph 2 does not identify projects capable of addressing the unmatched needs, the Commission may launch a call for proposals open to any third party capable of becoming a project promoter to propose projects capable of addressing the unmatched needs. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | |
| 4. The Commission shall monitor the outcome of the process and progress of the projects referred to in paragraphs 2 and 3 and closely involve the relevant Groups established in accordance with Article 3 and other relevant regional cooperation fora. |
The introduction of new powers for the EC creates a new center for energy infrastructure development planning outside the control of TSOs. This also raises the question of who will determine whether a need identified outside the report is actually relevant to the system. Such a process does not promote regulatory transparency and does not simplify the overall process.
Tomas Tobé, François-Xavier Bellamy, Jörgen Warborn, Aura Salla, Eva Maydell, Kamila Gasiuk-Pihowicz, Borys Budka, Mirosława Nykiel
| Text proposed by the Commission | Amendment |
|---|---|
| 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, the Commission may launch a process to identify possible solutions to address the unmatched needs. | 1. The TEN-E Regional Groups shall develop and approve a regional list of needs, which may differ from the scenarios referred to in article 11, and which shall identify the borders where existing infrastructure projects do not match the system needs. The TEN-E Regional Groups shall take into account the system needs identification reports pursuant to Article 12, the regional investment plans pursuant to Article 34 of Regulation (EU) 2019/943 and network development plans pursuant to Article 40a of Directive (EU) 2019/944. The TEN-E Regional Groups may take into account additional considerations, including socio-economic, security, environmental and geopolitical considerations. Within the framework of the TEN-E regional groups, transmission system operators may jointly develop additional scenarios supplementing those established under article 11. Such additional scenarios shall be based on a common vision endorsed by Member States participating in the relevant regional groups, for the purpose of assessing, with greater accuracy, cross-border projects eligible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. The TEN-E Regional Groups may launch a process to identify possible solutions to address the unmatched needs according to paragraph 2. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, the Commission may launch a process to identify possible solutions to address the unmatched needs. | 1. The ENTSO for Electricity, the ENNOH and the EU DSO entity shall jointly prepare, for each priority corridor referred to in Annex I, a regional analysis identifying the borders and grid zones where existing infrastructure projects do not match the infrastructure needs. The regional analysis shall build on the scenarios referred to in Article 11 and may complement or refine them at regional level. It shall take into account the infrastructure system opportunities identification report pursuant to Article 12, the regional investment plans pursuant to Article 34 of Regulation (EU) 2019/943, the network development plans pursuant to Article 40a of Directive (EU) 2019/944, as well as socio-economic, security, environmental and geopolitical considerations. The relevant TEN-E Regional Groups shall examine and endorse the regional analysis, taking into account the integrated National Energy and Climate Plans of the Member States concerned. |
| Where the regional analysis endorsed by the relevant TEN-E Regional Groups identifies unmatched needs, the Commission may launch a process, in cooperation with the relevant Groups, to identify possible solutions to address them. |
The Commission proposal empowers the Commission to launch unilaterally a process to identify solutions to unmatched needs, on the sole basis of the ENTSOs' technical report. This amendment replaces this unilateral mechanism with more coordination: a joint regional analysis prepared by ENTSO for Electricity, ENNOH and the EU DSO Entity (whose inclusion reflects the growing role of distribution networks in system needs), endorsed by the relevant TEN-E Regional Groups taking into account Member States' integrated NECP, and then a possible intervention by the Commission, in cooperation with the Groups. This preserves European added value while restoring the central role of system operators and Member States.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, the Commission may launch a process to identify possible solutions to address the unmatched needs. | 1. The TEN-E Group shall develop and approve a regional list of needs identifying the borders where existing infrastructure projects do not match the system needs. The TEN-E Regional Groups shall take into account the system needs identification reports pursuant to Article 12, the regional investment plans pursuant to Article 34 of Regulation (EU) 2019/943 [and network development plans pursuant to Article 40a of Directive (EU) 2019/944]. The TEN-E Regional Groups may take into account additional considerations, including socio-economic, security, environmental and geopolitical considerations. The TEN-E Regional Groups may launch a process to identify possible solutions to address the unmatched needs according to paragraph 2. |
Needs should not be defined solely by modelling results but through dialogue among national and regional actors, considering economic, geopolitical and security aspects to avoid over‑ or underinvestment. For example, infrastructure for the synchronisation of the Baltic countries with Continental Europe may not be identified on economic grounds alone, yet is essential for geopolitical and security reasons beyond pan‑European modelling. Multiple scenarios should therefore be considered. TEN‑E Regional Groups should build and approve regional needs lists, supported by ENTSO‑E.
Anna Stürgkh, Andreas Glück, Emma Wiesner, Christophe Grudler, Morten Løkkegaard, Barry Andrews, Bart Groothuis
| Text proposed by the Commission | Amendment |
|---|---|
| 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, the Commission may launch a process to identify possible solutions to address the unmatched needs. | 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, the Commission may launch a targeted process to identify possible solutions to address the most critical unmatched needs taking into account their expected European and regional socio-economic benefits. |
Mariateresa Vivaldini, Elena Donazzan, Nicola Procaccini, Francesco Torselli, Lara Magoni, Alessandro Ciriani
| Text proposed by the Commission | Amendment |
|---|---|
| 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, the Commission may launch a process to identify possible solutions to address the unmatched needs. | 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, the TEN-E Regional Groups, taking into account also any evaluations on system needs carried out at national level, may launch a process to identify possible solutions to address the unmatched needs. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, the Commission may launch a process to identify possible solutions to address the unmatched needs. | 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, TEN-E Regional Groups, taking into account also any evaluations on system needs carried out at national level, may launch a process to identify possible solutions to address the unmatched needs. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, the Commission may launch a process to identify possible solutions to address the unmatched needs. | 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12 or where previously identified needs remain insufficiently addressed, the Commission shall launch without undue delay a process to identify possible solutions to address the unmatched needs. |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, the Commission may launch a process to identify possible solutions to address the unmatched needs. | 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, the Commission shall launch a process to identify solutions to address the unmatched needs in line with the Union strategic scenario and its phased implementation priorities. |
This amendment strengthens the obligation for the Commission to address identified infrastructure gaps and ensures that the gaps are not left without further action. It also strengthens consistency between the needs identification process and the implementation priorities established under the Union strategic scenario.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, the Commission may launch a process to identify possible solutions to address the unmatched needs. | 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, the Commission in close coordination with the Member States concerned may launch a process to identify possible solutions to address the unmatched needs. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, the Commission may launch a process to identify possible solutions to address the unmatched needs. | 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, the Commission in cooperation with TEN-E Regional Groups may launch a process to identify possible solutions to address the unmatched needs. |
Any proces aimed at identifying additional projects should remain under the responsibility of TEN-E Regional Groups, without decision-making powers granted solely to the Commission, and should not prejudge national approval procedures. Commission’s role should be limited to ensuring coordination and dialogue within TEN-E Groups
| Text proposed by the Commission | Amendment |
|---|---|
| 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, the Commission may launch a process to identify possible solutions to address the unmatched needs. | 1. When the infrastructure needs identification report for electricity concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, the Commission shall launch a process to identify possible solutions to address the unmatched needs. |
Where there are unmatched needs a process to address them should always be launched to align infrastructure development to the needs of the energy system
András Gyürk, Jorge Martín Frías, Aleksandar Nikolic, Julie Rechagneux, Mélanie Disdier, Ewa Zajączkowska-Hernik
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Commission, in cooperation with the ENTSO for Electricity, the Member States and the Agency, shall invite system operators in the relevant Groups to propose, within six months of the invitation, projects capable of addressing the unmatched needs. The Commission shall submit the proposed projects to the relevant Groups established in accordance with Article 3 for discussion. The Commission may involve other relevant stakeholders and other regional cooperation fora. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Commission, in cooperation with the ENTSO for Electricity, the Member States and the Agency, shall invite system operators in the relevant Groups to propose, within six months of the invitation, projects capable of addressing the unmatched needs. The Commission shall submit the proposed projects to the relevant Groups established in accordance with Article 3 for discussion. The Commission may involve other relevant stakeholders and other regional cooperation fora. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | 2. The TEN-E Regional Groups, in cooperation with the ENTSO for Electricity, the Member States and the Agency, shall invite system operators in the relevant Groups to propose, within twelve months of the invitation, projects capable of addressing the unmatched needs. Participation in this process shall be voluntary. The Commission shall submit the proposed projects to the relevant Groups established in accordance with Article 3 for discussion. The TEN-E Regional Groups may involve other relevant stakeholders and other regional cooperation fora. System operators capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. Any project identified through this process may be submitted, on a voluntary basis, to the subsequent national development plans, the Union-wide ten-year network development plan and the Union list, in accordance with the applicable evaluation and selection procedures under this Regulation. The Commission shall not exercise decision-making powers regarding the selection, prioritisation or approval of projects under this process. |
Anna Stürgkh, Andreas Glück, Emma Wiesner, Christophe Grudler, Katri Kulmuni, Morten Løkkegaard, Sophie Wilmès
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Commission, in cooperation with the ENTSO for Electricity, the Member States and the Agency, shall invite system operators in the relevant Groups to propose, within six months of the invitation, projects capable of addressing the unmatched needs. The Commission shall submit the proposed projects to the relevant Groups established in accordance with Article 3 for discussion. The Commission may involve other relevant stakeholders and other regional cooperation fora. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | 2. The Commission, in cooperation with the ENTSO for Electricity, the Member States, the Agency and the relevant national regulatory authorities, shall invite system operators in the relevant Groups to propose, within six months of the invitation, projects capable of addressing the unmatched needs. The Commission shall submit the proposed projects to the relevant Groups established in accordance with Article 3 for discussion. The Commission may involve other relevant stakeholders and other regional cooperation fora. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. The identification and discussion of such projects shall ensure coherence and complementarity with existing national and European planning processes, in particular national network development plans, the Union-wide ten-year network development plan and the PCI selection process. |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Commission, in cooperation with the ENTSO for Electricity, the Member States and the Agency, shall invite system operators in the relevant Groups to propose, within six months of the invitation, projects capable of addressing the unmatched needs. The Commission shall submit the proposed projects to the relevant Groups established in accordance with Article 3 for discussion. The Commission may involve other relevant stakeholders and other regional cooperation fora. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | 2. The Commission, in cooperation with the ENTSO for Electricity, the Member States and the Agency, shall invite system operators in the relevant Groups to propose, within twelve months of the invitation, projects capable of addressing the unmatched needs. The Commission shall conduct that process with the participation of the national infrastructure coordination groups. The Commission shall submit the proposed projects to the relevant Groups established in accordance with Article 3 for discussion. The Commission may involve other relevant stakeholders and other regional cooperation fora. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list, indicating their expected contribution to the relevant implementation phase and estimated investment costs. |
This amendment strengthens coordination with national relevant authorities and improves transparency regarding implementation timing and investment needs for projects addressing identified infrastructure gaps.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Commission, in cooperation with the ENTSO for Electricity, the Member States and the Agency, shall invite system operators in the relevant Groups to propose, within six months of the invitation, projects capable of addressing the unmatched needs. The Commission shall submit the proposed projects to the relevant Groups established in accordance with Article 3 for discussion. The Commission may involve other relevant stakeholders and other regional cooperation fora. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | 2. TEN-E Regional Groups may mandate the Commission, in cooperation with the ENTSO for Electricity, the Member States and the Agency, to invite system operators in the relevant Groups to propose, within twelve months of the invitation, projects capable of addressing the unmatched needs. The Commission shall submit the proposed projects to the relevant Groups established in accordance with Article 3 for discussion. TEN-E Regional Groups may involve other relevant stakeholders and other regional cooperation fora. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Commission, in cooperation with the ENTSO for Electricity, the Member States and the Agency, shall invite system operators in the relevant Groups to propose, within six months of the invitation, projects capable of addressing the unmatched needs. The Commission shall submit the proposed projects to the relevant Groups established in accordance with Article 3 for discussion. The Commission may involve other relevant stakeholders and other regional cooperation fora. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | 2. The Commission, in cooperation with the Planner, the ENTSO for Electricity, the Member States and the Agency, shall invite system operators in the relevant Groups to propose, within six months of the invitation, projects capable of addressing the unmatched needs. The Commission shall submit the proposed projects to the relevant Groups established in accordance with Article 3 for discussion. The Commission shall involve the Planner and may involve other relevant stakeholders and other regional cooperation fora. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Commission, in cooperation with the ENTSO for Electricity, the Member States and the Agency, shall invite system operators in the relevant Groups to propose, within six months of the invitation, projects capable of addressing the unmatched needs. The Commission shall submit the proposed projects to the relevant Groups established in accordance with Article 3 for discussion. The Commission may involve other relevant stakeholders and other regional cooperation fora. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | 2. The TEN-E Regional Groups, in cooperation with the ENTSO for Electricity, the Commission and the Agency, shall invite system operators in the relevant Groups to propose, within twelve months of the invitation, cross- boarderprojects capable of addressing the unmatched needs. The Commission shall submit the proposed projects to the relevant Groups established in accordance with Article 3 for discussion. The TEN-E Regional Groups may involve other relevant stakeholders and other regional cooperation fora. System operators capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. |
The role of calling for projects to address identified gaps should rest with the TEN‑E Regional Groups, as they define needs and are best placed to identify where new projects are required. Commission intervention should be limited to cases where Member States cannot reach agreement within Regional Groups. Calls for projects should be restricted to cross‑border projects. The six‑month deadline is unrealistic, as robust project proposals require studies and sufficient preparation time; a one‑year period would be more appropriate, also in view of the next TYNDP timeline.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Commission, in cooperation with the ENTSO for Electricity, the Member States and the Agency, shall invite system operators in the relevant Groups to propose, within six months of the invitation, projects capable of addressing the unmatched needs. The Commission shall submit the proposed projects to the relevant Groups established in accordance with Article 3 for discussion. The Commission may involve other relevant stakeholders and other regional cooperation fora. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | 2. The Commission, in cooperation with the ENTSO for Electricity, the Member States and the Agency, shall invite system operators in the relevant Groups to propose, within six months of the invitation, projects capable of addressing the unmatched needs. The Commission shall submit the proposed projects to the relevant Groups established in accordance with Article 3 for discussion. The TEN-E Regional Groups may involve other relevant stakeholders and other regional cooperation fora. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Commission, in cooperation with the ENTSO for Electricity, the Member States and the Agency, shall invite system operators in the relevant Groups to propose, within six months of the invitation, projects capable of addressing the unmatched needs. The Commission shall submit the proposed projects to the relevant Groups established in accordance with Article 3 for discussion. The Commission may involve other relevant stakeholders and other regional cooperation fora. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | 2. The TEN-E Regional Groups, in cooperation with the ENTSO for Electricity, the Member States and the Agency, shall invite system operators in the relevant Groups to propose, within twelve months of the invitation, projects capable of addressing the unmatched needs. The relevant TEN-E Regional Groups shall submit the proposed projects to the Commission for discussion. The TEN-E Regional Groups may involve other relevant stakeholders and other regional cooperation fora. System operators capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. |
Mariateresa Vivaldini, Elena Donazzan, Nicola Procaccini, Francesco Torselli, Lara Magoni, Alessandro Ciriani, Ondřej Krutílek
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Commission, in cooperation with the ENTSO for Electricity, the Member States and the Agency, shall invite system operators in the relevant Groups to propose, within six months of the invitation, projects capable of addressing the unmatched needs. The Commission shall submit the proposed projects to the relevant Groups established in accordance with Article 3 for discussion. The Commission may involve other relevant stakeholders and other regional cooperation fora. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | 2. TEN-E Regional Groups, in cooperation with the ENTSO for Electricity, the Member States and the Agency, shall invite system operators in the relevant Groups to propose, within twelve months of the invitation, projects capable of addressing the unmatched needs. The relevant TEN-E Regional Groups shall submit the proposed projects to the Commission for discussion. The TEN-E Regional Groups may involve other relevant stakeholders and other regional cooperation fora. System operators capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. Any project identified through this process may be submitted, on a voluntarily basis, to the subsequent national development plans, the Union-wide ten-year network development plan and the Union list, in accordance with the applicable evaluation and selections procedures under this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where the process under paragraph 2 does not identify projects capable of addressing the unmatched needs, the Commission may launch a call for proposals open to any third party capable of becoming a project promoter to propose projects capable of addressing the unmatched needs. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | deleted |
András Gyürk, Jorge Martín Frías, Aleksandar Nikolic, Julie Rechagneux, Mélanie Disdier, Ewa Zajączkowska-Hernik
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where the process under paragraph 2 does not identify projects capable of addressing the unmatched needs, the Commission may launch a call for proposals open to any third party capable of becoming a project promoter to propose projects capable of addressing the unmatched needs. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | deleted |
Tomas Tobé, François-Xavier Bellamy, Jörgen Warborn, Aura Salla, Eva Maydell, Kamila Gasiuk-Pihowicz, Borys Budka, Mirosława Nykiel
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where the process under paragraph 2 does not identify projects capable of addressing the unmatched needs, the Commission may launch a call for proposals open to any third party capable of becoming a project promoter to propose projects capable of addressing the unmatched needs. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | 3. Where the process under paragraph 2 does not identify projects capable of addressing the unmatched needs, the TEN-E Regional Groups may launch a call for proposals open to any third party capable of becoming a project promoter to propose projects capable of addressing the unmatched needs. Project promoters capable of addressing the unmatched needs, after consulting the relevant system operators, national regulatory authorities and concerned Member States, shall submit projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. The projects shall follow the established processes and meet the requirements for inclusion in the relevant network development plans, in the Unionwide ten-year network development plan and in the Union List. Any project identified through the needs matching process shall be subject to the same evaluation, selection and validation procedures as other PCI or PMI projects under this Regulation. Such projects shall only be implemented subject to the agreement of the Member States concerned. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where the process under paragraph 2 does not identify projects capable of addressing the unmatched needs, the Commission may launch a call for proposals open to any third party capable of becoming a project promoter to propose projects capable of addressing the unmatched needs. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | 3. Where the process under paragraph 2 does not identify projects capable of addressing the unmatched needs, TEN-E Regional Groups may launch a call for proposals open to any third party capable of becoming a project promoter to propose projects capable of addressing the unmatched needs. Project promoters capable of addressing the unmatched needs, after consulting the relevant system operators, national regulatory authorities and concerned Member States, shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. The projects shall follow the established processes and meet the requirements for inclusion in the relevant network development plans, in the Union-wide ten-year network development plan and in the Union List. |
To ensure non‑discrimination between projects and coherent grid planning, it is important that projects submitted under the process set out in Article 13 follow the same procedures and are subject to the same rules as any other project. Article 13 should therefore specify that such projects follow the process for inclusion in the relevant National Development Plans and the TYNDP, and that the same selection criteria apply to all projects.
Mariateresa Vivaldini, Elena Donazzan, Nicola Procaccini, Francesco Torselli, Lara Magoni, Alessandro Ciriani
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where the process under paragraph 2 does not identify projects capable of addressing the unmatched needs, the Commission may launch a call for proposals open to any third party capable of becoming a project promoter to propose projects capable of addressing the unmatched needs. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | 3. Where the process under paragraph 2 does not identify projects capable of addressing the unmatched needs, the TEN-E Regional Groups may launch a call for proposals open to any third party capable of becoming a project promoter to propose projects capable of addressing the unmatched needs. Such project promoters capable of addressing the unmatched needs, after having consulted competent system operators and Ministries and National Regulatory Authorities, shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. The projects shall follow the established processes and meet the requirements for inclusion in the relevant network development plans, in the Union-wide ten-year network development plan and in the Union List. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where the process under paragraph 2 does not identify projects capable of addressing the unmatched needs, the Commission may launch a call for proposals open to any third party capable of becoming a project promoter to propose projects capable of addressing the unmatched needs. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | 3. Where the process under paragraph 2 does not identify projects capable of addressing the unmatched needs, TEN-E Regional Groups may launch a call for proposals open to any third party capable of becoming a project promoter to propose projects capable of addressing the unmatched needs. Such Project promoters capable of addressing the unmatched needs, after having consultation with relevant national authorities, shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. The projects shall follow the established processes and meet the requirements for inclusion in the relevant network development plans. |
Anna Stürgkh, Andreas Glück, Emma Wiesner, Christophe Grudler, Katri Kulmuni, Morten Løkkegaard, Barry Andrews, Bart Groothuis
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where the process under paragraph 2 does not identify projects capable of addressing the unmatched needs, the Commission may launch a call for proposals open to any third party capable of becoming a project promoter to propose projects capable of addressing the unmatched needs. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | 3. Where the process under paragraph 2 does not identify projects capable of addressing the unmatched needs, the Commission may launch a targeted call for proposals open to any third party capable of becoming a project promoter to propose projects capable of addressing the unmatched needs. Such a call shall be designed so as to ensure full coherence with existing national and European planning processes and shall avoid the creation of parallel planning frameworks. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where the process under paragraph 2 does not identify projects capable of addressing the unmatched needs, the Commission may launch a call for proposals open to any third party capable of becoming a project promoter to propose projects capable of addressing the unmatched needs. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | 3. Where the process under paragraph 2 does not identify projects capable of addressing the unmatched needs, the Commission shall launch a call for proposals open to any third party capable of becoming a project promoter to propose projects capable of addressing the unmatched needs. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list, together with information on their contribution to the implementation phases and cost profile under the Union strategic scenario. |
It is necessary to ensure that identified infrastructure gaps are addressed in a consistent and timely manner, thereby strengthening the effectiveness and credibility of the Union infrastructure planning framework. Requiring information on implementation phases and investment costs also improves transparency and allows a more realistic assessment of the feasibility and delivery of proposed projects.
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where the process under paragraph 2 does not identify projects capable of addressing the unmatched needs, the Commission may launch a call for proposals open to any third party capable of becoming a project promoter to propose projects capable of addressing the unmatched needs. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | 3. Where the process under paragraph 2 does not identify projects capable of addressing the unmatched needs or where the proposed projects are not sufficient to effectively address those needs, the Commission shall launch a call for proposals open to any third party capable of becoming a project promoter to propose projects capable of addressing the unmatched needs. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where the process under paragraph 2 does not identify projects capable of addressing the unmatched needs, the Commission may launch a call for proposals open to any third party capable of becoming a project promoter to propose projects capable of addressing the unmatched needs. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. | 3. Where the process under paragraph 2 does not identify projects capable of addressing the unmatched needs, the TEN-E Regional Groups may launch a call for proposals open to any third party capable of becoming a project promoter to propose projects capable of addressing the unmatched needs. Project promoters capable of addressing the unmatched needs shall submit eligible projects as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list. |
Anna Stürgkh, Andreas Glück, Emma Wiesner, Christophe Grudler, Morten Løkkegaard, Barry Andrews, Sophie Wilmès, Bart Groothuis, Martin Hojsík
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. When launching a call for proposals referred to in Paragraph 3, the Commission shall ensure financing of the potential project, as well as ensure technical feasibility and clarify responsibilities for potential technical and security implications for the relevant national grids and existing cross-border infrastructure resulting from the implementation of that project. |
The proposal remains open to the question of how a project proposal by a third party will be financed. Also there is no clarity on how potential impacts on the grid should be dealt with in terms of responsibilies.
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The Commission shall monitor the outcome of the process and progress of the projects referred to in paragraphs 2 and 3 and closely involve the relevant Groups established in accordance with Article 3 and other relevant regional cooperation fora. | 4. The Commission shall monitor the outcome of the process and progress of the projects referred to in paragraphs 2 and 3 and closely involve the relevant Groups established in accordance with Article 3 and other relevant regional cooperation fora and shall regularly report to the European Parliament and to the Council on the extent to which the unmatched needs have been covered, the expected timeline for their coverage and the remaining investment gap. The Commission may develop additional incentive mechanism where no applicants respond to a call for proposals. |
The amendment strengthens transparency and monitoring of the extent to which identified infrastructure needs are effectively addressed, while allowing the Commission to consider additional incentive mechanisms where existing calls for proposals fail to attract applicants.
Tomas Tobé, François-Xavier Bellamy, Jörgen Warborn, Aura Salla, Eva Maydell, Kamila Gasiuk-Pihowicz, Borys Budka, Mirosława Nykiel
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The Commission shall monitor the outcome of the process and progress of the projects referred to in paragraphs 2 and 3 and closely involve the relevant Groups established in accordance with Article 3 and other relevant regional cooperation fora. | 4. The Commission shall monitor the outcome of the process and progress of the projects referred to in paragraphs 2 and 3 and closely involve the relevant Groups established in accordance with Article 3 and other relevant regional cooperation fora. Monitoring under this paragraph shall be limited to reporting and shall not entail any competence to require the development or implementation of projects. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The Commission shall monitor the outcome of the process and progress of the projects referred to in paragraphs 2 and 3 and closely involve the relevant Groups established in accordance with Article 3 and other relevant regional cooperation fora. | 4. The Commission shall monitor the outcome of the process and progress of the projects referred to in paragraphs 2 and 3 and closely involve the relevant Groups established in accordance with Article 3 and other relevant regional cooperation fora. Monitoring under this paragraph shall be limited to reporting and shall not entail any competence to require the development or implementation of projects. |
Although the proposal aims to accelerate implementation and address shortcomings, this would enable high level of intervention by the Commission, as it grants the Commission the power to involve external actors within the territory of a Member State in place of the Member State and the project promoters where the development or construction of a PCI/PMI project is delayed. As a result, this may raise sovereignty concerns regarding national TSOs and the Member States themselves.
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The Commission shall monitor the outcome of the process and progress of the projects referred to in paragraphs 2 and 3 and closely involve the relevant Groups established in accordance with Article 3 and other relevant regional cooperation fora. | 4. The Commission shall monitor the outcome of the process and progress of the projects referred to in paragraphs 2 and 3 and closely involve the relevant Groups established in accordance with Article 3 and other relevant regional cooperation fora. The Commission shall develop further incentives in case no sufficiently effective projects are submitted to a call for proposals. |
Anna Stürgkh, Andreas Glück, Emma Wiesner, Christophe Grudler, Morten Løkkegaard, Barry Andrews, Sophie Wilmès, Bart Groothuis
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The Commission shall monitor the outcome of the process and progress of the projects referred to in paragraphs 2 and 3 and closely involve the relevant Groups established in accordance with Article 3 and other relevant regional cooperation fora. | 4. The Commission shall monitor the outcome of the process and progress of the projects referred to in paragraphs 2 and 3 and closely involve the relevant Groups established in accordance with Article 3, other relevant regional cooperation fora, the Agency and National Regulatory Authorities. |
Mariateresa Vivaldini, Elena Donazzan, Nicola Procaccini, Francesco Torselli, Lara Magoni, Alessandro Ciriani
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The Commission shall monitor the outcome of the process and progress of the projects referred to in paragraphs 2 and 3 and closely involve the relevant Groups established in accordance with Article 3 and other relevant regional cooperation fora. | 4. TEN-E Group shall monitor the outcome of the process and progress of the projects referred to in paragraphs 2 and 3 and closely involve the Commission and other relevant regional cooperation fora. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The Commission shall monitor the outcome of the process and progress of the projects referred to in paragraphs 2 and 3 and closely involve the relevant Groups established in accordance with Article 3 and other relevant regional cooperation fora. | 4. The TEN-E Group shall monitor the outcome of the process and progress of the projects referred to in paragraphs 2 and 3 and closely involve the Commission and other relevant regional cooperation fora. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The Commission shall monitor the outcome of the process and progress of the projects referred to in paragraphs 2 and 3 and closely involve the relevant Groups established in accordance with Article 3 and other relevant regional cooperation fora. | 4. The Commission shall monitor the outcome of the process and progress of the projects referred to in paragraph 2 and closely involve the relevant Groups established in accordance with Article 3 and other relevant regional cooperation fora. |
Tomas Tobé, François-Xavier Bellamy, Jörgen Warborn, Aura Salla, Eva Maydell, Kamila Gasiuk-Pihowicz, Borys Budka, Mirosława Nykiel
| Text proposed by the Commission | Amendment |
|---|---|
| 4 a. This Article shall be without prejudice to the right of Member States to approve projects before their inclusion in the Union list, in accordance with Article 3(3)(a) of this Regulation and 172 TFEU. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4 a. This Article shall be without prejudice to the right of Member States to approve projects before their inclusion in the Union list, in accordance with Article 3(3)(a) of this Regulation and 172 TFEU. |
It is proposed to add a new paragraph 5 to Article 13 in order to ensure compliance with the requirements set out in Article 172(2) TFEU and consistency with Article 3(3)(a) of the Commission’s proposal. According to Article 172(2) TFEU ‘Guidelines and projects of common interest which relate to the territory of a Member State shall require the approval of the Member State concerned’. ENTSO-E's proposal ensures Member States can provide their prior approval for the inclusion of projects in the Union list, as required by Article 172(2) TFEU
András Gyürk, Jorge Martín Frías, Aleksandar Nikolic, Julie Rechagneux, Mélanie Disdier, Ewa Zajączkowska-Hernik, Ondřej Knotek, Jana Nagyová
| Text proposed by the Commission | Amendment |
|---|---|
| 4 b. This Article shall be without prejudice to the right of Member States to approve projects before their inclusion in the Union list in accordance with Article 3 (3) (a) of this Regulation and Article 172 TFEU. |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| Article13a | |
| Needs matching process in the hydrogen system | |
| When the infrastructure needs identification report for hydrogen concludes that projects submitted for inclusion in the Union wide ten-year network development plan do not fully meet the infrastructure needs identified pursuant to Article 12, the Commission launch a process to identify possible solutions to address the unmatched needs, including through targeted de-risking measures, such as intertemporal cost allocation mechanisms and guarantee instruments. |
This amendment establishes a dedicated mechanism to address infrastructure gaps in the hydrogen system and recognises the need for targeted de-risking measures where market-based investments alone are insufficient to deliver strategic hydrogen infrastructure in a timely manner.
| Text proposed by the Commission | Amendment |
|---|---|
| Energy system wide cost-benefit analysis | deleted |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 1. For projects falling under the infrastructure categories set out in points (1)(a), (b), (c), (d), (e), (f) and (h) and points (2) and (3) of Annex II , the ENTSO for Electricity and the ENNOH shall use consistent single sector methodologies for a harmonised energy system-wide cost-benefit analysis at Union level when assessing projects for their inclusion in their respective Union-wide ten-year network development plans. | 1. For projects falling under the infrastructure categories set out in points (1)(a), (b), (c), (d), (e), (f) and (h) and points (2) and (3) of Annex II , the ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall use consistent single sector methodologies for a harmonised energy system-wide cost-benefit analysis at Union level when assessing projects for their inclusion in their respective Union-wide ten-year network development plans. |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) be consistent with the Union’s targets for energy and climate and its 2050 climate neutrality objective and the central scenario referred to in Article 11, as well as with the rules and indicators set out in Annex IV; | deleted |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| (c) be consistent with the Union’s targets for energy and climate and its 2050 climate neutrality objective and the central scenario referred to in Article 11, as well as with the rules and indicators set out in Annex IV; | (c) be consistent with the Union’s targets for energy and climate and its 2050 climate neutrality objective and the Union strategic scenario referred to in Article 11, as well as with the rules and indicators set out in Annex IV and contribute to ensure resilience to the existing and emerging risks identified at the EU and Member States levels; |
This amendment ensures that the methodologies will take into account the system resilience and emerging risks, thereby supporting a more secure and adaptable energy system across the Union.
| Text proposed by the Commission | Amendment |
|---|---|
| (c) be consistent with the Union’s targets for energy and climate and its 2050 climate neutrality objective and the central scenario referred to in Article 11, as well as with the rules and indicators set out in Annex IV; | (c) be consistent with the central scenario referred to in Article 11, as well as with the rules and indicators set out in Annex IV; |
Anna Stürgkh, Andreas Glück, Emma Wiesner, Sigrid Friis, Christophe Grudler, Morten Løkkegaard, Sophie Wilmès, Bart Groothuis
| Text proposed by the Commission | Amendment |
|---|---|
| (c) be consistent with the Union’s targets for energy and climate and its 2050 climate neutrality objective and the central scenario referred to in Article 11, as well as with the rules and indicators set out in Annex IV; | (c) be consistent with the Union’s targets for energy and climate and its 2050 climate neutrality objective and the main scenario, its alternative scenarios and sensitivities referred to in Article 11, as well as with the rules and indicators set out in Annex IV; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) be consistent with the Union’s targets for energy and climate and its 2050 climate neutrality objective and the central scenario referred to in Article 11, as well as with the rules and indicators set out in Annex IV; | (c) be consistent with regional priorities, the Union’s strategic targets for energy and climate and its 2050 climate neutrality objective and the central scenario referred to in Article 11, as well as with the rules and indicators set out in Annex IV; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) be consistent with the Union’s targets for energy and climate and its 2050 climate neutrality objective and the central scenario referred to in Article 11, as well as with the rules and indicators set out in Annex IV; | (c) be consistent with the Union’s targets for energy and climate and its 2050 climate neutrality objective and the scenarios referred to in Article 11, as well as with the rules and indicators set out in Annex IV; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c a) include calculations on full life cycle emissions of a project, as well as other environmental or societal impacts, including use of land, use and protection of resources, including water, the handling of waste and the increased use of raw and secondary materials, pollution prevention and control, the protection and restoration of biodiversity and ecosystems, and consider air quality; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) allow for the assessment of project bundles pursuant to Article 18 and, in the electricity sector, for the consideration of non-wire solutions; | (d) allow for the assessment of project bundles pursuant to Article 18 and, in the electricity sector, for the consideration of non-wire solutions and, where relevant, innovative transmission technologies, including superconductors and advanced overhead conductors; |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| (d) allow for the assessment of project bundles pursuant to Article 18 and, in the electricity sector, for the consideration of non-wire solutions; | (d) allow for the assessment of project bundles pursuant to Article 18 and, in the electricity sector, for the consideration of non-wire and energy efficiency solutions, including demand response and, where relevant, innovative transmission and grid optimisation technologies. |
A broader assessment framework is necessary to avoid unnecessary infrastructure investments and to ensure that flexibility, demand-side and grid optimisation solutions are properly considered alongside traditional network expansion.
| Text proposed by the Commission | Amendment |
|---|---|
| (d) allow for the assessment of project bundles pursuant to Article 18 and, in the electricity sector, for the consideration of non-wire solutions; | (d) allow for the assessment of project bundles pursuant to Article 18 and, in the electricity sector, for the consideration of non-wire solutions based on a project-specific cost-benefit analysis and possible threats to network security; |
Jana Nagyová, Ondřej Knotek, Tomáš Kubín, Mélanie Disdier, Aleksandar Nikolic, Ewa Zajączkowska-Hernik
| Text proposed by the Commission | Amendment |
|---|---|
| (d) allow for the assessment of project bundles pursuant to Article 18 and, in the electricity sector, for the consideration of non-wire solutions; | (d) allow for the assessment of project bundles pursuant to Article 18 and, in the electricity sector, for the consideration of non-wire solutions based on a project-specific cost-benefit analysis and possible threats to network security; |
Anna Stürgkh, Andreas Glück, Emma Wiesner, Christophe Grudler, Morten Løkkegaard, Sophie Wilmès, Bart Groothuis
| Text proposed by the Commission | Amendment |
|---|---|
| (e) shall take a cross-sectoral approach. | (e) shall take a cross-sectoral approach and ensure methodological coherence between electricity, hydrogen and electrolysers. |
Mariateresa Vivaldini, Elena Donazzan, Nicola Procaccini, Francesco Torselli, Lara Magoni, Alessandro Ciriani
| Text proposed by the Commission | Amendment |
|---|---|
| (e a) include at least one quantitative indicator measuring the overall net socio-economic benefit of each project or group of projects, capturing system-wide and sector-specific impacts, including cross-sectoral interactions between electricity, hydrogen and gas sectors, and ensuring methodological coherence and comparability across infrastructure categories. |
The introduction of at least one synthetic quantitative indicator reflecting the overall net socio-economic benefit is intended to enhance the transparency, consistency and predictability of the application of the CBA methodology to PCI projects. Recent experience has shown that the absence of an aggregated indicator may lead to fragmented and difficult-to-verify assessments, particularly for hydrogen projects, whose benefits are distributed across several sectors, including electricity, gas and industrial decarbonisation. In certain cases, strategic projects have been excluded on the basis of assessments that lacked sufficient transparency or adequate justification. The introduction of an overall net benefit indicator would ensure greater comparability across infrastructure categories and reduce the risk of exclusions resulting from inconsistent methodological interpretations.
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Kamila Gasiuk-Pihowicz, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| (e a) assess, for each project and project bundle, the contribution to the relevant implementation phase under the Union strategic scenario and reflect the network mapping and indicative investment costs established pursuant Art 11. |
Clear assessment of the contribution of projects and project bundles to the relevant implementation phases is necessary to ensure consistency with the Union strategic scenario and a more realistic evaluation of infrastructure investment needs.
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The ENTSO for Electricity and the ENNOH shall develop and publish preliminary draft methodologies for the purpose of consulting the EU DSO Entity, and other relevant stakeholders. The consultation process shall be open, timely and transparent. The ENTSO for Electricity and the ENNOH shall prepare and make public a report on the consultation process. | 3. The ENTSO for Electricity and the ENNOH shall develop and publish preliminary draft methodologies for the purpose of consulting the Planner, the EU DSO Entity, and other relevant stakeholders. The ESABCC may, on its own initiative, submit an opinion on the preliminary draft methodologies prior to their finalisation, on whether the draft methodology gives adequate weight to climate considerations. The consultation process shall be open, timely and transparent. The ENTSO for Electricity and the ENNOH shall prepare and make public a report on the consultation process, and provide reasons where they do not take into account, in full or in part, comments received during the consultation process or, where available, the opinion of the ESABCC. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The ENTSO for Electricity and the ENNOH shall develop and publish preliminary draft methodologies for the purpose of consulting the EU DSO Entity, and other relevant stakeholders. The consultation process shall be open, timely and transparent. The ENTSO for Electricity and the ENNOH shall prepare and make public a report on the consultation process. | 3. The ENTSO for Electricity and the ENNOH shall develop and publish preliminary draft methodologies for the purpose of consulting the EU DSO Entity, and other relevant stakeholders. The consultation process shall be open, timely, transparent and structured. The ENTSO for Electricity and the ENNOH shall publish all relevant background documentation, including assumptions, and shall document how stakeholder input has been taken into account. |
A harmonised, transparent and robust Cost Benefit Analysis is crucial to assess European infrastructure projects. The publication of data, models and results and a structured stakeholder participation will increase the quality and legitimacy.
Mariateresa Vivaldini, Elena Donazzan, Nicola Procaccini, Francesco Torselli, Lara Magoni, Alessandro Ciriani
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The ENTSO for Electricity and the ENNOH shall develop and publish preliminary draft methodologies for the purpose of consulting the EU DSO Entity, and other relevant stakeholders. The consultation process shall be open, timely and transparent. The ENTSO for Electricity and the ENNOH shall prepare and make public a report on the consultation process. | 3. The ENTSO for Electricity and the ENNOH shall develop and publish preliminary draft methodologies for the purpose of consulting the EU DSO Entity, project promoters and other relevant stakeholders. The consultation process shall be open, timely and transparent, and shall be conducted over a minimum period of eight weeks. The ENTSO for Electricity and the ENNOH shall prepare and make public a report on the consultation process. |
The methodology developed by the ENTSO for Electricity and the ENNOH constitutes the cornerstone of the assessment of candidate PCIs and PMIs and has direct consequences for the eligibility of projects for Union financial assistance. Its preparation should therefore benefit from broad and well-informed input from the parties most directly concerned by its application. Project promoters are routinely required to apply the methodology to their own projects and are well placed to identify practical issues, data gaps and modelling assumptions that may otherwise escape notice. Their explicit inclusion among the consulted stakeholders gives formal recognition to a contribution that is in practice indispensable. Setting a minimum consultation period of eight weeks aligns this exercise with the timeframes typically applied to consultations of comparable technical complexity at Union level. The provision is purely procedural and does not interfere with the respective competences of the ENTSO for Electricity, the ENNOH or the Agency.
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The ENTSO for Electricity and the ENNOH shall develop and publish preliminary draft methodologies for the purpose of consulting the EU DSO Entity, and other relevant stakeholders. The consultation process shall be open, timely and transparent. The ENTSO for Electricity and the ENNOH shall prepare and make public a report on the consultation process. | 3. The ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall develop and publish preliminary draft methodologies for the purpose of consulting the EU DSO Entity, and other relevant stakeholders. The consultation process shall be open, timely and transparent. The ENTSO for Electricity and the ENNOH shall prepare and make public a report on the consultation process. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The ENTSO for Electricity and the ENNOH shall publish and submit to Member States, the Commission and the Agency their draft methodologies. The ENTSO for Electricity and the ENNOH shall provide reasons where they have not, or have only partly, taken into account the comments from Member States, national authorities, or other stakeholders. The ENTSO for Electricity and the ENNOH shall publish and submit to Member States, the Commission and the Agency their first consistent single sector draft methodologies by December 2027. | 4. The ENTSO for Electricity and the ENNOH shall publish and submit to Member States, the Commission, the Planner and the Agency their draft methodologies. The first consistent single sector draft methodologies shall be published and submitted by December 2027. |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The ENTSO for Electricity and the ENNOH shall publish and submit to Member States, the Commission and the Agency their draft methodologies. The ENTSO for Electricity and the ENNOH shall provide reasons where they have not, or have only partly, taken into account the comments from Member States, national authorities, or other stakeholders. The ENTSO for Electricity and the ENNOH shall publish and submit to Member States, the Commission and the Agency their first consistent single sector draft methodologies by December 2027. | 4. The ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall publish and submit to Member States, the Commission and the Agency their draft methodologies. The ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall provide reasons where they have not, or have only partly, taken into account the comments from Member States, national authorities, or other stakeholders. The ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall publish and submit to Member States, the Commission and the Agency their first consistent single sector draft methodologies by December 2027. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Within three months of receipt of the draft methodologies, the Agency and Member States may deliver their opinions to the ENTSO for Electricity and the ENNOH and the Commission. The Commission may organise specific meetings of the Groups to discuss the draft methodologies. | 5. Within three months of receipt of the draft methodologies, the Agency shall assess their compliance with this Article and Annex V and may request amendments where duly justified. Member States may deliver their opinions to the ENTSO for Electricity and the ENNOH and the Commission. The Commission may organise specific meetings of the Groups to discuss the draft methodologies. |
A strong role of ACER assessing the draft methodologies is crucial to guarantee a high level of quality and avoid bias.
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Within three months of receipt of the draft methodologies, the Agency and Member States may deliver their opinions to the ENTSO for Electricity and the ENNOH and the Commission. The Commission may organise specific meetings of the Groups to discuss the draft methodologies. | 5. Within three months of receipt of the draft methodologies, the Planner, the Commission and Member States may deliver their opinions to the ENTSO for Electricity and the ENNOH and the Agency. The Commission may organise specific meetings of the Groups to discuss the draft methodologies. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Within three months of receipt of the draft methodologies, the Agency and Member States may deliver their opinions to the ENTSO for Electricity and the ENNOH and the Commission. The Commission may organise specific meetings of the Groups to discuss the draft methodologies. | 5. Within three months of receipt of the draft methodologies, the Commission and Member States may deliver their opinions to the ENTSO for Electricity and the ENNOH and the Commission. The Commission may organise specific meetings of the Groups to discuss the draft methodologies. |
At the national level, it is the task of regulatory bodies to review CBA methodologies because of their technical expertise and political independence, which guarantees that a technical decision (establishing a methodology to assess costs and benefits of proposed projects) is not influenced by political developments. In a similar vein, at the EU level it is appropriate that ACER is entrusted with comparable powers and that the Commission is thoroughly consulted throughout the process.
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Within three months of receipt of the opinions of the Agency and Member States, the ENTSO for Electricity and the ENNOH shall amend their respective methodologies to fully take into account the opinions of the Agency and the Member States and submit them to the Commission for its approval. | 6. Within three months of receipt of the opinions of the Commission and Member States, the ENTSO for Electricity and the ENNOH shall amend their respective methodologies to fully take into account the opinions of the Commission and the Member States and submit them to the Agency for its approval. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Within three months of receipt of the opinions of the Agency and Member States, the ENTSO for Electricity and the ENNOH shall amend their respective methodologies to fully take into account the opinions of the Agency and the Member States and submit them to the Commission for its approval. | 6. Within three months of receipt of the opinions of the Planner, the Commission and Member States, the ENTSO for Electricity and the ENNOH shall amend their respective methodologies to fully take into account those opinions and submit them to the Agency for its approval. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. Within three months of receipt of the respective methodologies, the Commission shall issue its decision. | 7. The Agency shall approve or amend the proposed methodologies within six months of their receipt. |
| The Agency shall consult the ENTSO for Electricity or the ENNOH before approving or amending their respective proposed methodologies, and provide reasons when making additional amendments. The Agency shall publish the approved or amended methodologies on its website without delay. |
National regulators already have significant experience in designing or reviewing CBA methodologies for project assessment. Therefore, it is proposed that ACER is entrusted with comparable powers at EU level, with comparable powers to scrutinise a technical methodology for assessing the viability of projects by comparing costs and expected benefits, considering that ACER is a more technical body than the Commission.
| Text proposed by the Commission | Amendment |
|---|---|
| 7. Within three months of receipt of the respective methodologies, the Commission shall issue its decision. | 7. The Agency shall approve or request an amend the methodologies within six months of their receipt, following consultation of the ENTSO for Electricity and of ENNOH, and shall provide reasons for any amendment. The Agency, the ENTSO for Electricity and ENNOH shall publish the methodologies on their websites within two weeks after the Agency approved or amended them. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. Within three months of receipt of the respective methodologies, the Commission shall issue its decision. | 7. Within three months of receipt of the respective methodologies, the Agency shall assess the methodologies and issue a reasoned decision approving them or require amendments where duly justified. |
A strong role of ACER assessing the draft methodologies is crucial to guarantee a high level of quality and avoid bias.
| Text proposed by the Commission | Amendment |
|---|---|
| 8. If the Commission rejects the draft methodology, it shall provide reasons. The ENTSO for Electricity and the ENNOH respectively shall revise the draft methodology and resubmit it to the Commission for its approval. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 8. If the Commission rejects the draft methodology, it shall provide reasons. The ENTSO for Electricity and the ENNOH respectively shall revise the draft methodology and resubmit it to the Commission for its approval. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 9. Within two weeks of the approval by the Commission, the ENTSO for Electricity and the ENNOH shall publish their respective methodologies on their websites. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 9. Within two weeks of the approval by the Commission, the ENTSO for Electricity and the ENNOH shall publish their respective methodologies on their websites. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 10. The Commission and the Agency may request the ENTSO for Electricity and the ENNOH, as applicable, to update their methodologies and set a timetable. The Agency may act on its own initiative, or upon a duly reasoned request by national regulatory authorities or stakeholders. The Agency shall publish the requests it receives and all relevant non-commercially sensitive documents on which its request is based. | 10. The Commission and the Agency may request the ENTSO for Electricity and the ENNOH, as applicable, to update their methodologies and set a timetable. The Agency may act on its own initiative, or upon a duly reasoned request by national regulatory authorities or stakeholders, and may require updates to the methodologies where this is necessary to ensure their continued relevance and robustness. The Agency shall publish the requests it receives and all relevant non-commercially sensitive documents on which its request is based. |
A strong role of ACER assessing the draft methodologies is crucial to guarantee a high level of quality and avoid bias.
| Text proposed by the Commission | Amendment |
|---|---|
| 10. The Commission and the Agency may request the ENTSO for Electricity and the ENNOH, as applicable, to update their methodologies and set a timetable. The Agency may act on its own initiative, or upon a duly reasoned request by national regulatory authorities or stakeholders. The Agency shall publish the requests it receives and all relevant non-commercially sensitive documents on which its request is based. | 10. Upon consultation of relevant stakeholders, the Planner or the Commission, the Agency may request the ENTSO for Electricity and the ENNOH, as applicable, to update their methodologies and set a timetable. The Agency may act on its own initiative, or upon a duly reasoned request by national regulatory authorities or stakeholders. The Agency shall publish the requests it receives and all relevant non-commercially sensitive documents on which its request is based. |
| Text proposed by the Commission | Amendment |
|---|---|
| 10. The Commission and the Agency may request the ENTSO for Electricity and the ENNOH, as applicable, to update their methodologies and set a timetable. The Agency may act on its own initiative, or upon a duly reasoned request by national regulatory authorities or stakeholders. The Agency shall publish the requests it receives and all relevant non-commercially sensitive documents on which its request is based. | 10. Following consultation of relevant stakeholders and of the Commission, the Agency may request the ENTSO for Electricity and the ENNOH, as applicable, to update their methodologies and set a timetable. The Agency may act on its own initiative, or upon a duly reasoned request by national regulatory authorities or stakeholders. The Agency shall publish the requests it receives and all relevant non-commercially sensitive documents on which its request is based. |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 10. The Commission and the Agency may request the ENTSO for Electricity and the ENNOH, as applicable, to update their methodologies and set a timetable. The Agency may act on its own initiative, or upon a duly reasoned request by national regulatory authorities or stakeholders. The Agency shall publish the requests it receives and all relevant non-commercially sensitive documents on which its request is based. | 10. The Commission and the Agency may request the ENTSO for Electricity, the ENTSO for Gas and the ENNOH, as applicable, to update their methodologies and set a timetable. The Agency may act on its own initiative, or upon a duly reasoned request by national regulatory authorities or stakeholders. The Agency shall publish the requests it receives and all relevant non-commercially sensitive documents on which its request is based. |
| Text proposed by the Commission | Amendment |
|---|---|
| 11. Where requested by the Agency or by the Commission, the ENTSO for Electricity and the ENNOH shall update the consistent single sector cost-benefit methodologies in accordance with the approval procedure pursuant to paragraphs 3 to 9. | 11. Where the Agency requires an update pursuant to paragraph, the ENTSO for Electricity and the ENNOH shall update the consistent single sector cost-benefit methodologies in accordance with a streamlined approval procedure defined by the Agency, ensuring timely implementation while maintaining transparency and ensuring stakeholder consultation. |
A strong role of ACER assessing the draft methodologies is crucial to guarantee a high level of quality and avoid bias.
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 11. Where requested by the Agency or by the Commission, the ENTSO for Electricity and the ENNOH shall update the consistent single sector cost-benefit methodologies in accordance with the approval procedure pursuant to paragraphs 3 to 9. | 11. Where requested by the Agency or by the Commission, the ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall update the consistent single sector cost-benefit methodologies in accordance with the approval procedure pursuant to paragraphs 3 to 9. |
| Text proposed by the Commission | Amendment |
|---|---|
| 11. Where requested by the Agency or by the Commission, the ENTSO for Electricity and the ENNOH shall update the consistent single sector cost-benefit methodologies in accordance with the approval procedure pursuant to paragraphs 3 to 9. | 11. Where requested by the Agency, the ENTSO for Electricity and the ENNOH shall update the consistent single sector cost-benefit methodologies in accordance with the approval procedure pursuant to paragraph 7. |
| Text proposed by the Commission | Amendment |
|---|---|
| 11. Where requested by the Agency or by the Commission, the ENTSO for Electricity and the ENNOH shall update the consistent single sector cost-benefit methodologies in accordance with the approval procedure pursuant to paragraphs 3 to 9. | 11. Where requested by the Agency, the ENTSO for Electricity and the ENNOH shall update the consistent single sector cost-benefit methodologies in accordance with the approval procedure foreseen in this Article. |
Anna Stürgkh, Emma Wiesner, Christophe Grudler, Morten Løkkegaard, Sophie Wilmès, Bart Groothuis, Martin Hojsík
| Text proposed by the Commission | Amendment |
|---|---|
| 12. The ENTSO for Electricity and the ENNOH shall publish in the context of each Union-wide ten-year network development plan the updated input data relevant for application of the methodologies, including calculation methods, network models, relevant load flow and market data. These data shall be published in a sufficiently accurate form subject to restrictions under national law and relevant confidentiality agreements. The Commission and the Agency shall ensure the confidential treatment of the data received by them and by any party that carries out analytical work on the basis of those data on their behalf. | 12. The ENTSO for Electricity and the ENNOH shall publish in the context of each Union-wide ten-year network development plan the updated input data relevant for application of the methodologies, including calculation methods, network models, relevant load flow and market data in a digitally readeable format. These data shall be sufficiently detailed to allow meaningful scrutiny and replication of the analyses, subject to restrictions under national law and relevant confidentiality agreements. |
| Text proposed by the Commission | Amendment |
|---|---|
| 12. The ENTSO for Electricity and the ENNOH shall publish in the context of each Union-wide ten-year network development plan the updated input data relevant for application of the methodologies, including calculation methods, network models, relevant load flow and market data. These data shall be published in a sufficiently accurate form subject to restrictions under national law and relevant confidentiality agreements. The Commission and the Agency shall ensure the confidential treatment of the data received by them and by any party that carries out analytical work on the basis of those data on their behalf. | 12. The ENTSO for Electricity and the ENNOH shall publish in the context of each Union-wide ten-year network development plan the updated input data relevant for application of the methodologies, including calculation methods, network models, relevant load flow and market data, and project costs. These data shall be published in a sufficiently accurate form subject to restrictions under national law and relevant confidentiality agreements. The Commission and the Agency shall ensure the confidential treatment of the data received by them and by any party that carries out analytical work on the basis of those data on their behalf. |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 12. The ENTSO for Electricity and the ENNOH shall publish in the context of each Union-wide ten-year network development plan the updated input data relevant for application of the methodologies, including calculation methods, network models, relevant load flow and market data. These data shall be published in a sufficiently accurate form subject to restrictions under national law and relevant confidentiality agreements. The Commission and the Agency shall ensure the confidential treatment of the data received by them and by any party that carries out analytical work on the basis of those data on their behalf. | 12. The ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall publish in the context of each Union-wide ten-year network development plan the updated input data relevant for application of the methodologies, including calculation methods, network models, relevant load flow and market data. These data shall be published in a sufficiently accurate form subject to restrictions under national law and relevant confidentiality agreements. The Commission and the Agency shall ensure the confidential treatment of the data received by them and by any party that carries out analytical work on the basis of those data on their behalf. |
| Text proposed by the Commission | Amendment |
|---|---|
| 13. The ENTSO for Electricity and the ENNOH shall calculate and publish, as part of the Union-wide ten-year network development plan, the results of cost-benefit analyses for all projects, showing how the benefits are distributed across countries. This shall include benefits for both hosting countries and non-hosting countries that benefit from the respective project. | deleted |
Paragraph 13 introduces a competence assigned to ENTSO-E and ENNOH that goes beyond the mandate established under the current regulatory framework and may overlap with the responsibilities of National Regulatory Authorities (NRAs), particularly regarding decisions on the cross-border allocation of project costs based on the distribution of benefits among the Member States involved. Granting ENTSO-E and ENNOH such evaluative powers could anticipate or influence regulatory decisions that should remain exclusive prerogative of independent national authorities.
Mariateresa Vivaldini, Elena Donazzan, Nicola Procaccini, Francesco Torselli, Lara Magoni, Alessandro Ciriani
| Text proposed by the Commission | Amendment |
|---|---|
| 13. The ENTSO for Electricity and the ENNOH shall calculate and publish, as part of the Union-wide ten-year network development plan, the results of cost-benefit analyses for all projects, showing how the benefits are distributed across countries. This shall include benefits for both hosting countries and non-hosting countries that benefit from the respective project. | deleted |
Paragraph 13 introduces a competence assigned to ENTSO-E and ENNOH that goes beyond the mandate established under the current regulatory framework and may overlap with the responsibilities of National Regulatory Authorities (NRAs), particularly regarding decisions on the cross-border allocation of project costs based on the distribution of benefits among the Member States involved. Granting ENTSO-E and ENNOH such evaluative powers could anticipate or influence regulatory decisions that should remain exclusive prerogative of independent national authorities.
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 13. The ENTSO for Electricity and the ENNOH shall calculate and publish, as part of the Union-wide ten-year network development plan, the results of cost-benefit analyses for all projects, showing how the benefits are distributed across countries. This shall include benefits for both hosting countries and non-hosting countries that benefit from the respective project. | 13. The ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall calculate and publish, as part of the Union-wide ten-year network development plan, the results of cost-benefit analyses for all projects, showing how the benefits are distributed across countries. This shall include benefits for both hosting countries and non-hosting countries that benefit from the respective project. |
| Text proposed by the Commission | Amendment |
|---|---|
| 13. The ENTSO for Electricity and the ENNOH shall calculate and publish, as part of the Union-wide ten-year network development plan, the results of cost-benefit analyses for all projects, showing how the benefits are distributed across countries. This shall include benefits for both hosting countries and non-hosting countries that benefit from the respective project. | 13. The ENTSO for Electricity and the ENNOH shall calculate and publish, as part of the Union-wide ten-year network development plan, the results of cost-benefit analyses for all projects, showing how the benefits are distributed across countries. This shall include gross and net benefits for both hosting countries and non-hosting countries that benefit from the respective project. |
Mariateresa Vivaldini, Elena Donazzan, Nicola Procaccini, Francesco Torselli, Lara Magoni, Alessandro Ciriani
| Text proposed by the Commission | Amendment |
|---|---|
| 13 a. Before the cost-benefit analysis results are formally transmitted for the purpose of drawing up the Union list, the Commission shall ensure that project promoters and the Member States concerned are afforded a period of no less than six weeks to review the project-specific parameters, methodologies and assumptions underpinning the assessment, and to submit comments of a factual or technical nature. Where such comments are not reflected in the final results, the Commission and the ENTSO for Electricity or, where applicable, the ENNOH, shall provide an explanation setting out the reasons for their non-inclusion. |
Whereas the Regulation organises in some detail the development of the cost-benefit analysis methodology, it remains essentially silent on how that methodology is subsequently applied to individual projects. Yet the choices made at this latter stage — concerning input datasets, scenarios, modelling assumptions and project-specific parameters — are precisely those most likely to determine whether a project meets the thresholds required for inclusion on the Union list. Project promoters and Member States are best placed to detect errors in input data and to flag assumptions that do not adequately capture project-specific circumstances. A six-week review window, combined with an obligation on the Commission and the ENTSOs to provide reasons whenever observations are not taken on board, offers a proportionate safeguard against material errors without altering the allocation of decision-making powers under the Regulation.
| Text proposed by the Commission | Amendment |
|---|---|
| 13 a. Prior to the final transmission of cost-benefit analysis results for the purposes of establishing the Union list, project promoters and the Member States concerned shall be afforded a period of not less than three weeks to examine the project-specific input data and modelling assumptions applied, and to submit factual or methodological observations. The ENTSO for Electricity or the ENNOH, as applicable, and the Commission shall give due consideration to such observations and shall provide a reasoned written explanation where they are not reflected in the final assessment. |
Mariateresa Vivaldini, Elena Donazzan, Nicola Procaccini, Francesco Torselli, Lara Magoni, Alessandro Ciriani
| Text proposed by the Commission | Amendment |
|---|---|
| 13 b. The Agency shall, as part of its regular review of the cost-benefit analysis methodologies, monitor and publish a periodic assessment of the geographical distribution of project assessment outcomes and their contribution to economic, social and territorial cohesion within the Union. |
The introduction of periodic monitoring by the Agency on the geographical distribution of CBA assessment outcomes is intended to strengthen the transparency and overall balance of the PCI project selection process. The application of cost-benefit analysis methodologies may produce differentiated effects across Member States or regions of the Union. In the absence of a structured monitoring mechanism, such effects may result in a systematic concentration of selected projects in specific areas. Providing for a periodic assessment by the Agency would not affect the technical selection criteria, but would make it possible to verify the neutrality and territorial balance of the methodology applied, also in light of the Union’s cohesion objectives.
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 14. For projects falling under the energy infrastructure categories set out in point (1)(g) and in point (4) of Annex II, the Commission shall ensure the development of methodologies for a harmonised energy system-wide cost-benefit analysis at Union level. Those methodologies shall be compatible in terms of benefits and costs with the methodologies developed by the ENTSO for Electricity and the ENNOH. The methodologies shall be developed in a transparent manner, including extensive consultation of the Agency, the Member States and all relevant stakeholders. | 14. For projects falling under the energy infrastructure categories set out in point (1)(g) and in point (4) of Annex II, the Commission shall ensure the development of methodologies for a harmonised energy system-wide cost-benefit analysis at Union level. Those methodologies shall be compatible in terms of benefits and costs with the methodologies developed by the ENTSO for Electricity, the ENTSO for Gas and the ENNOH. The methodologies shall be developed in a transparent manner, including extensive consultation of the Agency, the Member States, the EU-DSO entity and all relevant stakeholders. |
| Text proposed by the Commission | Amendment |
|---|---|
| 15. Starting from [April 2028] and every two years, the Agency shall establish and publish a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the energy infrastructure categories included in Annex II. Project promoters shall provide the requested data to the national regulatory authorities and to the Agency. Those reference values may be used by the ENTSO for Electricity and the ENNOH for the cost-benefit analyses carried out for subsequent Union-wide ten-year network development plans. | deleted |
The reference values published by ACER serve as indicative benchmark and may, in specific instances, lack the accuracy or representativeness required for robust appraisal. Such values are generally based on limited samples that are not fully representative of the variety of projects implemented across Member States, creating the risk of distorted or non-meaningful benchmarks.This approach would introduce an asymmetry between analyses carried out at European level and those conducted at national level, which are typically based on more granular data and better reflect local circumstances. This could ultimately generate divergences between ENTSO-E assessments and the evaluations used within Member States’ regulatory and decision-making processes. Consequently, within CBAs, such benchmarks shall not, in any event, prevail over or replace the project cost figures submitted by the sponsoring TSO.
Mariateresa Vivaldini, Elena Donazzan, Nicola Procaccini, Francesco Torselli, Lara Magoni, Alessandro Ciriani
| Text proposed by the Commission | Amendment |
|---|---|
| 15. Starting from [April 2028] and every two years, the Agency shall establish and publish a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the energy infrastructure categories included in Annex II. Project promoters shall provide the requested data to the national regulatory authorities and to the Agency. Those reference values may be used by the ENTSO for Electricity and the ENNOH for the cost-benefit analyses carried out for subsequent Union-wide ten-year network development plans. | deleted |
The reference values published by ACER serve as indicative benchmark and may, in specific instances, lack the accuracy or representativeness required for robust appraisal.Such values are generally based on limited samples that are not fully representative of the variety of projects implemented across Member States, creating the risk of distorted or non-meaningful benchmarks.This approach would introduce an asymmetry between analyses carried out at European level and those conducted at national level, which are typically based on more granular data and better reflect local circumstances. This could ultimately generate divergences between ENTSO-E assessments and the evaluations used within Member States’ regulatory and decision-making processes. Consequently, within CBAs, such benchmarks shall not, in any event, prevail over or replace the project cost figures submitted by the sponsoring TSO.
| Text proposed by the Commission | Amendment |
|---|---|
| 15. Starting from [April 2028] and every two years, the Agency shall establish and publish a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the energy infrastructure categories included in Annex II. Project promoters shall provide the requested data to the national regulatory authorities and to the Agency. Those reference values may be used by the ENTSO for Electricity and the ENNOH for the cost-benefit analyses carried out for subsequent Union-wide ten-year network development plans. | 15. Starting from [April 2028] and every two years, the Agency shall establish and publish a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the energy infrastructure categories included in Annex II. Project promoters, system operators and investors which have commissioned projects falling under the infrastructure categories included Annex II and gas, irrespective of whether such projects are included in the Union list, shall provide the requested data to the national regulatory authorities and to the Agency. Those reference values may be used by the ENTSO for Electricity and the ENNOH for the cost-benefit analyses carried out for subsequent Union-wide ten-year network development plans. |
To ensure that ACER and NRAs have the most complete and up-to-date data to perform their duties, they should receive data on all relevant projects, regardless of whether they are included in the Union list.
| Text proposed by the Commission | Amendment |
|---|---|
| 15. Starting from [April 2028] and every two years, the Agency shall establish and publish a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the energy infrastructure categories included in Annex II. Project promoters shall provide the requested data to the national regulatory authorities and to the Agency. Those reference values may be used by the ENTSO for Electricity and the ENNOH for the cost-benefit analyses carried out for subsequent Union-wide ten-year network development plans. | 15. Starting from [April 2028] and every three years, the Agency shall establish and publish a set of indicators and corresponding reference values for the comparison of unit investment and operational costs for comparable projects of the energy infrastructure categories included in Annex II. Project promoters, system operators and investors who have commissioned projects falling under the infrastructure categories identified in Annex II shall provide the requested data to the national regulatory authorities and to the Agency. Those reference values may be used by the ENTSO for Electricity and the ENNOH for the cost-benefit analyses carried out for subsequent Union-wide ten-year network development plans. |
| Text proposed by the Commission | Amendment |
|---|---|
| 15. Starting from [April 2028] and every two years, the Agency shall establish and publish a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the energy infrastructure categories included in Annex II. Project promoters shall provide the requested data to the national regulatory authorities and to the Agency. Those reference values may be used by the ENTSO for Electricity and the ENNOH for the cost-benefit analyses carried out for subsequent Union-wide ten-year network development plans. | 15. Starting from [April 2028] and every two years, the Agency shall establish and publish a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the energy infrastructure categories included in Annex II. Project promoters shall provide the requested data to the national regulatory authorities and to the Agency. Those reference values, alongside with the established ENTSO-E CBA methodology, may be used by the ENTSO for Electricity and the ENNOH for the cost-benefit analyses carried out for subsequent Union-wide ten-year network development plans. |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 15. Starting from [April 2028] and every two years, the Agency shall establish and publish a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the energy infrastructure categories included in Annex II. Project promoters shall provide the requested data to the national regulatory authorities and to the Agency. Those reference values may be used by the ENTSO for Electricity and the ENNOH for the cost-benefit analyses carried out for subsequent Union-wide ten-year network development plans. | 15. Starting from [April 2028] and every two years, the Agency shall establish and publish a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the energy infrastructure categories included in Annex II. Project promoters shall provide the requested data to the national regulatory authorities and to the Agency. Those reference values may be used by the ENTSO for Electricity, the ENTSO for Gas and the ENNOH for the cost-benefit analyses carried out for subsequent Union-wide ten-year network development plans. |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 15 a. The cost-benefit analysis (CBA) should allow for the assessment of all the benefits provided by hydrogen storage, beyond interconnection, including in terms of increasing resilience, flexibility and security of supply, while promoting a more efficient integration of renewable electricity and stronger sinergies between the electricity, gas, and hydrogen systems, including through dynamic indicators and detailed simulations with hourly resolution reflecting evolving hydrogen demand patterns, climate variability and the contribution of hydrogen storage to energy security. |
Hydrogen storage can provide significant system benefits beyond interconnection alone, notably in terms of flexibility, resilience and security of supply. Those benefits should therefore be adequately reflected in the cost-benefit analysis methodology to support more accurate infrastructure planning and investment decisions.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 14a | |
| Energy system cost-benefit analysis | |
| 1. The ENTSO for Electricity and the ENNOH shall develop, for the sectors for which they are each responsible, harmonised sectoral methodologies for a cost-benefit analysis of energy infrastructure projects at Union level. These methodologies shall ensure that the projects can be compared, while giving due consideration to national specificities, the energy mix chosen by Member States, the technical constraints of each network and the needs identified in the national network development plans. | |
| 2. The cost-benefit analysis shall incorporate all direct and indirect costs linked to the project, including costs for internal grid reinforcements, system stability, security of supply, congestion management and reserves, and the expected impacts on network tariffs. The harmonised methodologies shall not have the effect of imposing, directly or indirectly, any change to the Member States' energy mix, national infrastructure planning or investment priorities, nor shall they anticipate decisions to be made by the national competent authorities or national regulatory authorities. | |
| (Replaces Article 14) |
| Text proposed by the Commission | Amendment |
|---|---|
| Offshore grids for renewable integration | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| By [within 6 months after entry into force], Member States, with the support of the Commission, within their specific priority offshore grid corridors, set out in Section 2 of Annex I, taking into account the specificities and development in each region, shall update the non-binding agreement to cooperate on goals for offshore renewable generation to be deployed within each sea basin by 2030, 2040 and 2050, in accordance with their national energy and climate plans, and the offshore renewable potential of each sea basin. The agreement shall include renewable offshore hydrogen goals as applicable. | By [within 6 months after entry into force], Member States, with the support of the Commission, within their specific priority offshore grid corridors, set out in Section 2 of Annex I, taking into account the specificities and development in each region, shall update the non-binding agreement to cooperate on goals for offshore renewable generation to be deployed within each sea basin by 2030, 2040 and 2050, in accordance with their national energy and climate plans, and the potential of each sea basin to generate offshore renewable energy, which can be rapidly fed into the national systems in a proportionate manner for the individual participating states, without resulting in unequal treatment between the partner states. The agreement shall include renewable offshore hydrogen goals as applicable. |
| Text proposed by the Commission | Amendment |
|---|---|
| By [within 6 months after entry into force], Member States, with the support of the Commission, within their specific priority offshore grid corridors, set out in Section 2 of Annex I, taking into account the specificities and development in each region, shall update the non-binding agreement to cooperate on goals for offshore renewable generation to be deployed within each sea basin by 2030, 2040 and 2050, in accordance with their national energy and climate plans, and the offshore renewable potential of each sea basin. The agreement shall include renewable offshore hydrogen goals as applicable. | By [within 6 months after entry into force], Member States, with the support of the Commission, within their specific priority offshore grid corridors, set out in Section 2 of Annex I, taking into account the specificities and development in each region, shall update the non-binding agreement to cooperate on goals for offshore renewable generation to be deployed within each sea basin by 2030, 2040 and 2050, in accordance with their national energy and climate plans, and the offshore renewable potential of each sea basin. The agreement may include renewable offshore hydrogen goals where cost-effective. |
| Text proposed by the Commission | Amendment |
|---|---|
| As part of the non-binding agreements, Member States, with the support of the Commission, within their specific priority offshore grid corridors, set out in Section 2 of Annex I, shall also consider whether specific cross-border goals, such as for hybrid or cross-border radial projects, should be established between two or more Member States in their respective national energy and climate plans with the aim to achieve the goals for offshore renewable generation to be deployed within each sea basin in the most efficient manner. | As part of the non-binding agreements, Member States, with the support of the Commission, within their specific priority offshore grid corridors, set out in Section 2 of Annex I, shall also consider whether specific cross-border goals, such as for hybrid or cross-border radial projects, should be established between two or more Member States in their respective national energy and climate plans with the aim to achieve the goals for offshore renewable generation to be deployed within each sea basin in the most efficient manner, without resulting in unequal treatment between the partner states. |
| Text proposed by the Commission | Amendment |
|---|---|
| By [within 12 months after entry into force], and every four years thereafter, as part of the following ten-year network development plan thereafter, the ENTSO for Electricity, with the involvement of the relevant TSOs, the national regulatory authorities, the Member States and the Commission, and in accordance with the non-binding agreement referred to in paragraph 1 of this Article, shall develop and publish, as a separate report which is part of the Union-wide ten-year network development plan, high-level strategic integrated offshore network development plans for each sea-basin, in line with the priority offshore grid corridors referred to in Annex I, taking into account environmental protection and other uses of the sea. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| By [within 12 months after entry into force], and every four years thereafter, as part of the following ten-year network development plan thereafter, the ENTSO for Electricity, with the involvement of the relevant TSOs, the national regulatory authorities, the Member States and the Commission, and in accordance with the non-binding agreement referred to in paragraph 1 of this Article, shall develop and publish, as a separate report which is part of the Union-wide ten-year network development plan, high-level strategic integrated offshore network development plans for each sea-basin, in line with the priority offshore grid corridors referred to in Annex I, taking into account environmental protection and other uses of the sea. | By [within 12 months after entry into force], and every four years thereafter, as part of the following ten-year network development plan thereafter, the ENTSO for Electricity and the European Network of Network Operators for Hydrogen (ENNOH) with the involvement of the relevant TSOs and HTNOs, the national regulatory authorities, the Member States and the Commission, and in accordance with the non-binding agreement referred to in paragraph 1 of this Article, shall jointly develop and publish, as a separate report which is part of the Union-wide ten-year network development plan, high-level strategic integrated offshore network development plans for each sea-basin, in line with the priority offshore grid corridors referred to in Annex I, taking into account environmental protection and other uses of the sea. ENTSO for electricity and ENNOH shall fulfil the tasks assigned to them according to to this Article in close collaboration with each other, in a coordinated manner and as equal footing partners. |
Anna Stürgkh, Andreas Glück, Emma Wiesner, Christophe Grudler, Morten Løkkegaard, Sophie Wilmès, Bart Groothuis
| Text proposed by the Commission | Amendment |
|---|---|
| By [within 12 months after entry into force], and every four years thereafter, as part of the following ten-year network development plan thereafter, the ENTSO for Electricity, with the involvement of the relevant TSOs, the national regulatory authorities, the Member States and the Commission, and in accordance with the non-binding agreement referred to in paragraph 1 of this Article, shall develop and publish, as a separate report which is part of the Union-wide ten-year network development plan, high-level strategic integrated offshore network development plans for each sea-basin, in line with the priority offshore grid corridors referred to in Annex I, taking into account environmental protection and other uses of the sea. | By [within 12 months after entry into force], and every four years thereafter, as part of the following ten-year network development plan thereafter, the ENTSO for Electricity, with the involvement of the relevant TSOs, and, where relevant the European Network of Network Operators for Hydrogen (ENNOH) and HTNOs, as well as the national regulatory authorities, the Member States and the Commission, and in accordance with the non-binding agreement referred to in paragraph 1 of this Article, shall develop and publish, as a separate report which is part of the Union-wide ten-year network development plan, high-level strategic integrated offshore network development plans for each sea-basin, in line with the priority offshore grid corridors referred to in Annex I, taking into account environmental protection and other uses of the sea. The ENTSO for Electricity shall take into account relevant contributions provided by ENNOH to fulfil the tasks assigned to them according to this Article. |
| Text proposed by the Commission | Amendment |
|---|---|
| By [within 12 months after entry into force], and every four years thereafter, as part of the following ten-year network development plan thereafter, the ENTSO for Electricity, with the involvement of the relevant TSOs, the national regulatory authorities, the Member States and the Commission, and in accordance with the non-binding agreement referred to in paragraph 1 of this Article, shall develop and publish, as a separate report which is part of the Union-wide ten-year network development plan, high-level strategic integrated offshore network development plans for each sea-basin, in line with the priority offshore grid corridors referred to in Annex I, taking into account environmental protection and other uses of the sea. | By [within 12 months after entry into force], and every four years thereafter, as part of the following ten-year network development plan thereafter, the ENTSO for Electricity, with the involvement of the four High-Level Groups, the relevant TSOs, the national regulatory authorities, the Member States and the Commission, and in accordance with the non-binding agreement referred to in paragraph 1 of this Article, shall develop and publish, as a separate report which is part of the Union-wide ten-year network development plan, high-level strategic integrated offshore network development plans for each sea-basin, in line with the priority offshore grid corridors referred to in Annex I, taking into account environmental protection and other uses of the sea. |
Tsvetelina Penkova, Bruno Gonçalves, Jens Geier, Matthias Ecke, Elena Sancho Murillo, Nicolás González Casares
| Text proposed by the Commission | Amendment |
|---|---|
| By [within 12 months after entry into force], and every four years thereafter, as part of the following ten-year network development plan thereafter, the ENTSO for Electricity, with the involvement of the relevant TSOs, the national regulatory authorities, the Member States and the Commission, and in accordance with the non-binding agreement referred to in paragraph 1 of this Article, shall develop and publish, as a separate report which is part of the Union-wide ten-year network development plan, high-level strategic integrated offshore network development plans for each sea-basin, in line with the priority offshore grid corridors referred to in Annex I, taking into account environmental protection and other uses of the sea. | By [within 12 months after entry into force], and every four years thereafter, as part of the following ten-year network development plan thereafter, the ENTSO for Electricity, and ENNOH with the involvement of the relevant TSOs and HTNO's the national regulatory authorities, the Member States and the Commission, and in accordance with the non-binding agreement referred to in paragraph 1 of this Article, shall jointly develop and publish, as a separate report which is part of the Union-wide ten-year network development plan, high-level strategic integrated offshore network development plans for each sea-basin, in line with the priority offshore grid corridors referred to in Annex I, taking into account environmental protection and other uses of the sea. |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| By [within 12 months after entry into force], and every four years thereafter, as part of the following ten-year network development plan thereafter, the ENTSO for Electricity, with the involvement of the relevant TSOs, the national regulatory authorities, the Member States and the Commission, and in accordance with the non-binding agreement referred to in paragraph 1 of this Article, shall develop and publish, as a separate report which is part of the Union-wide ten-year network development plan, high-level strategic integrated offshore network development plans for each sea-basin, in line with the priority offshore grid corridors referred to in Annex I, taking into account environmental protection and other uses of the sea. | By [within 12 months after entry into force], and every two years thereafter, as part of the following ten-year network development plan thereafter, the ENTSO for Electricity and ENNOH, with the involvement of the relevant TSOs and HTNOs, the national regulatory authorities, the Member States and the Commission, and in accordance with the non-binding agreement referred to in paragraph 1 of this Article, shall jointly develop and publish, as a separate report which is part of the Union-wide ten-year network development plan, high-level strategic integrated offshore network development plans for each sea-basin, in line with the priority offshore grid corridors referred to in Annex I, taking into account environmental protection and other uses of the sea. |
More frequent updates are necessary to reflect the rapidly evolving development of offshore electricity and hydrogen infrastructure and to ensure coordinated planning across sea-basins.
| Text proposed by the Commission | Amendment |
|---|---|
| By [within 12 months after entry into force], and every four years thereafter, as part of the following ten-year network development plan thereafter, the ENTSO for Electricity, with the involvement of the relevant TSOs, the national regulatory authorities, the Member States and the Commission, and in accordance with the non-binding agreement referred to in paragraph 1 of this Article, shall develop and publish, as a separate report which is part of the Union-wide ten-year network development plan, high-level strategic integrated offshore network development plans for each sea-basin, in line with the priority offshore grid corridors referred to in Annex I, taking into account environmental protection and other uses of the sea. | By [within 12 months after entry into force], and every four years thereafter, as part of the following ten-year network development plan thereafter, the ENTSO for Electricity, with the involvement of the relevant TSOs, the Agency and the national regulatory authorities, the Member States and the Commission, and in accordance with the non-binding agreement referred to in paragraph 1 of this Article, shall develop and publish, as a separate report which is part of the Union-wide ten-year network development plan, high-level strategic integrated offshore network development plans for each sea-basin, in line with the priority offshore grid corridors referred to in Annex I, taking into account environmental protection and other uses of the sea. |
| Text proposed by the Commission | Amendment |
|---|---|
| In the development of the high-level strategic integrated offshore network development plans within the timeline provided for in paragraph 1, the ENTSO for Electricity shall consider the non-binding agreements referred to in paragraph 1 for the development of the Union-wide ten-year network development plan central scenario. | deleted |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Kamila Gasiuk-Pihowicz, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| In the development of the high-level strategic integrated offshore network development plans within the timeline provided for in paragraph 1, the ENTSO for Electricity shall consider the non-binding agreements referred to in paragraph 1 for the development of the Union-wide ten-year network development plan central scenario. | In the development of the high-level strategic integrated offshore network development plans within the timeline provided for in paragraph 1, the ENTSO for Electricity and the ENNOH shall consider the non-binding agreements referred to in paragraph 1 for the development of the Union-wide ten-year network development plan and the Union strategic scenario. |
Tsvetelina Penkova, Bruno Gonçalves, Jens Geier, Matthias Ecke, Elena Sancho Murillo, Nicolás González Casares
| Text proposed by the Commission | Amendment |
|---|---|
| In the development of the high-level strategic integrated offshore network development plans within the timeline provided for in paragraph 1, the ENTSO for Electricity shall consider the non-binding agreements referred to in paragraph 1 for the development of the Union-wide ten-year network development plan central scenario. | In the development of the high-level strategic integrated offshore network development plans within the timeline provided for in paragraph 1, the ENTSO for Electricity and the ENNOH shall consider the non-binding agreements referred to in paragraph 1 for the development of the Union-wide ten-year network development plan central scenario. |
| Text proposed by the Commission | Amendment |
|---|---|
| In the development of the high-level strategic integrated offshore network development plans within the timeline provided for in paragraph 1, the ENTSO for Electricity shall consider the non-binding agreements referred to in paragraph 1 for the development of the Union-wide ten-year network development plan central scenario. | In the development of the high-level strategic integrated offshore network development plans within the timeline provided for in paragraph 1, the ENTSO for Electricity and the ENNOH shall consider the non-binding agreements referred to in paragraph 1 for the development of the Union-wide ten-year network development plan central scenario. |
| Text proposed by the Commission | Amendment |
|---|---|
| In the development of the high-level strategic integrated offshore network development plans within the timeline provided for in paragraph 1, the ENTSO for Electricity shall consider the non-binding agreements referred to in paragraph 1 for the development of the Union-wide ten-year network development plan central scenario. | In the development of the high-level strategic integrated offshore network development plans within the timeline provided for in paragraph 1, the ENTSO for Electricity shall consider the non-binding agreements referred to in paragraph 1 for the development of the Union-wide ten-year network development plan scenarios. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The high-level strategic integrated offshore network development plans shall be consistent with regional investment plans published pursuant to Article 34(1) of Regulation (EU) 2019/943 and integrated within the Union-wide ten-year network development plans in order to ensure coherent development of onshore and offshore grid planning and the necessary reinforcements. | 3. The high-level strategic integrated offshore network development plans shall be consistent with regional investment plans published pursuant to Article 34(1) of Regulation (EU) 2019/943 and integrated within the Union-wide ten-year network development plans in order to ensure coherent development of onshore and offshore grid planning and the necessary reinforcements, as well as hydrogen infrastructure needs linked to offshore renewable energy development, including hydrogen production transport, storage and, where relevant for energy system integration. |
Network development plans reflect the full range of infrastructure needs arising from offshore renewable deployment. Hydrogen infrastructure, including transport, storage and, where relevant, production, can enable more efficient system integration, reduce the need for extra grid reinforcements, and support the large‑scale integration of offshore renewables. Explicitly including hydrogen‑related needs in offshore planning helps avoid fragmented investment strategies and supports a cost‑efficient, integrated energy system.
| Text proposed by the Commission | Amendment |
|---|---|
| 4. At the latest every four years after the adoption of the non-binding agreement with paragraph 1, the Member States, shall update their non-binding agreements referred to in paragraph 1 of this Article, including in view of the results of the application of the latest cost-benefit and cost-sharing to the priority offshore grid corridors. | 4. At the latest every four years after the adoption of the non-binding agreement with paragraph 1, the Member States, shall update their non-binding agreements referred to in paragraph 1 of this Article, including in view of the results of the application of the latest cost-benefit and proportionate cost-sharing to the priority offshore grid corridors. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. After each update of the non-binding agreements in accordance with paragraph 4, for each sea basin, the ENTSO for Electricity shall update the high level strategic integrated offshore network development plans within the next Union-wide ten-year network development plan as referred to in paragraph 2. | 5. After each update of the non-binding agreements in accordance with paragraph 4, for each sea basin, the ENTSO for Electricity and the ENNOH shall update the high level strategic integrated offshore network development plans within the next Union-wide ten-year network development plan as referred to in paragraph 2. |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 5. After each update of the non-binding agreements in accordance with paragraph 4, for each sea basin, the ENTSO for Electricity shall update the high level strategic integrated offshore network development plans within the next Union-wide ten-year network development plan as referred to in paragraph 2. | 5. After each update of the non-binding agreements in accordance with paragraph 4, for each sea basin, the ENTSO for Electricity and the ENNOH shall update the high level strategic integrated offshore network development plans within the next Union-wide ten-year network development plan as referred to in paragraph 2. |
Tsvetelina Penkova, Bruno Gonçalves, Jens Geier, Matthias Ecke, Elena Sancho Murillo, Nicolás González Casares
| Text proposed by the Commission | Amendment |
|---|---|
| 5. After each update of the non-binding agreements in accordance with paragraph 4, for each sea basin, the ENTSO for Electricity shall update the high level strategic integrated offshore network development plans within the next Union-wide ten-year network development plan as referred to in paragraph 2. | 5. After each update of the non-binding agreements in accordance with paragraph 4, for each sea basin, the ENTSO for Electricity and the ENNOH shall update the high level strategic integrated offshore network development plans within the next Union-wide ten-year network development plan as referred to in paragraph 2. |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall, with the involvement of the Member States, relevant TSOs, the Agency and the national regulatory authorities, consider whether an update of the guidance on collaborative investment frameworks for offshore energy projects, which provides for a specific cost-benefit and cost-sharing for the deployment of the sea-basin integrated offshore network development plans referred to in Article 15(2) in accordance with the non-binding agreements referred to in Article 14(1), is necessary and, where relevant, publish an updated version of the guidance. This guidance shall be compatible with Article 17(1). The Commission shall update its guidance when appropriate, taking into account the results of its implementation. | 1. The Commission shall, with the involvement of the Member States, relevant TSOs and HTNOs, the Agency and the national regulatory authorities, consider whether an update of the guidance on collaborative investment frameworks for offshore energy projects, which provides for a specific cost-benefit and cost-sharing for the deployment of the sea-basin integrated offshore network development plans referred to in Article 15(2) in accordance with the non-binding agreements referred to in Article 15(1), is necessary and, where relevant, publish an updated version of the guidance. This guidance shall be compatible with Article 17(1). An update shall become particularly relevant once a uniform cross-border cost-allocation methodology for offshore hybrid projects has been adopted, including to reflect regional agreements on cost-sharing, financing arrangements and the treatment of hybrid and cross-border radial projects. The Commission shall update its guidance when appropriate, taking into account the results of its implementation. |
More detailed guidance on cross-border cost-sharing and investment frameworks is necessary to support the timely development of increasingly complex offshore hybrid projects and to reduce regulatory and financing uncertainty for participating Member States and project promoters.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall, with the involvement of the Member States, relevant TSOs, the Agency and the national regulatory authorities, consider whether an update of the guidance on collaborative investment frameworks for offshore energy projects, which provides for a specific cost-benefit and cost-sharing for the deployment of the sea-basin integrated offshore network development plans referred to in Article 15(2) in accordance with the non-binding agreements referred to in Article 14(1), is necessary and, where relevant, publish an updated version of the guidance. This guidance shall be compatible with Article 17(1). The Commission shall update its guidance when appropriate, taking into account the results of its implementation. | 1. The Commission shall, with the involvement of the Member States, relevant TSOs, the Agency and the national regulatory authorities, consider whether an update of the guidance on collaborative investment frameworks for offshore energy projects, which provides for a specific cost-benefit and cost-sharing for the deployment of the sea-basin integrated offshore network development plans referred to in Article 15(2) in accordance with the non-binding agreements referred to in Article 14(1), is necessary, without resulting in unequal treatment between the partner states, and, where relevant, publish an updated version of the guidance. This guidance shall be compatible with Article 17(1). The Commission shall update its guidance when appropriate, taking into account the results of its implementation. |
Tsvetelina Penkova, Bruno Gonçalves, Jens Geier, Matthias Ecke, Elena Sancho Murillo, Nicolás González Casares
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall, with the involvement of the Member States, relevant TSOs, the Agency and the national regulatory authorities, consider whether an update of the guidance on collaborative investment frameworks for offshore energy projects, which provides for a specific cost-benefit and cost-sharing for the deployment of the sea-basin integrated offshore network development plans referred to in Article 15(2) in accordance with the non-binding agreements referred to in Article 14(1), is necessary and, where relevant, publish an updated version of the guidance. This guidance shall be compatible with Article 17(1). The Commission shall update its guidance when appropriate, taking into account the results of its implementation. | 1. The Commission shall, with the involvement of the Member States, relevant TSOs and HTNOs, the Agency and the national regulatory authorities, consider whether an update of the guidance on collaborative investment frameworks for offshore energy projects, which provides for a specific cost-benefit and cost-sharing for the deployment of the sea-basin integrated offshore network development plans referred to in Article 15(2) in accordance with the non-binding agreements referred to in Article 14(1), is necessary and, where relevant, publish an updated version of the guidance. This guidance shall be compatible with Article 17(1). The Commission shall update its guidance when appropriate, taking into account the results of its implementation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall, with the involvement of the Member States, relevant TSOs, the Agency and the national regulatory authorities, consider whether an update of the guidance on collaborative investment frameworks for offshore energy projects, which provides for a specific cost-benefit and cost-sharing for the deployment of the sea-basin integrated offshore network development plans referred to in Article 15(2) in accordance with the non-binding agreements referred to in Article 14(1), is necessary and, where relevant, publish an updated version of the guidance. This guidance shall be compatible with Article 17(1). The Commission shall update its guidance when appropriate, taking into account the results of its implementation. | 1. The Commission shall, with the involvement of the Member States, relevant TSOs and HTNOs, the Agency and the national regulatory authorities, consider whether an update of the guidance on collaborative investment frameworks for offshore energy projects, which provides for a specific cost-benefit and cost-sharing for the deployment of the sea-basin integrated offshore network development plans referred to in Article 15(2) in accordance with the non-binding agreements referred to in Article 14(1), is necessary and, where relevant, publish an updated version of the guidance. This guidance shall be compatible with Article 17(1). The Commission shall update its guidance when appropriate, taking into account the results of its implementation. |
Anna Stürgkh, Andreas Glück, Emma Wiesner, Christophe Grudler, Katri Kulmuni, Morten Løkkegaard, Sophie Wilmès, Bart Groothuis
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall, with the involvement of the Member States, relevant TSOs, the Agency and the national regulatory authorities, consider whether an update of the guidance on collaborative investment frameworks for offshore energy projects, which provides for a specific cost-benefit and cost-sharing for the deployment of the sea-basin integrated offshore network development plans referred to in Article 15(2) in accordance with the non-binding agreements referred to in Article 14(1), is necessary and, where relevant, publish an updated version of the guidance. This guidance shall be compatible with Article 17(1). The Commission shall update its guidance when appropriate, taking into account the results of its implementation. | 1. The Commission shall, with the involvement of the Member States, relevant TSOs and HTNOs, the Agency and the national regulatory authorities, consider whether an update of the guidance on collaborative investment frameworks for offshore energy projects, which provides for a specific cost-benefit and cost-sharing for the deployment of the sea-basin integrated offshore network development plans referred to in Article 15(2) in accordance with the non-binding agreements referred to in Article 14(1), is necessary and, where relevant, publish an updated version of the guidance. This guidance shall be compatible with Article 17(1). The Commission shall update its guidance when appropriate, taking into account the results of its implementation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The ENTSO for Electricity, with the involvement of the relevant TSOs, the Agency, the national regulatory authorities and the Commission, shall update the results of the application of the cost-benefit and cost-sharing to the priority offshore grid corridors, including whenever the Commission publishes any update to the guidance for a specific cost-benefit and cost-sharing for the deployment of the sea-basin integrated offshore network development plans referred to in Article 15(2) in accordance with the non-binding agreements referred to in Article 15(1). | 2. The ENTSO for Electricity, with the involvement of the relevant TSOs, the Agency, the national regulatory authorities and the Commission, shall update the results of the application of the cost-benefit and cost-sharing to the priority offshore grid corridors, including whenever the Commission – without resulting in unequal treatment between the partner states – publishes any update to the guidance for cost-benefit measures and measures for proportionate cost-sharing for the deployment of the sea-basin integrated offshore network development plans referred to in Article 15(2) in accordance with the non-binding agreements referred to in Article 15(1). |
Anna Stürgkh, Andreas Glück, Emma Wiesner, Christophe Grudler, Katri Kulmuni, Morten Løkkegaard, Sophie Wilmès, Bart Groothuis
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The ENTSO for Electricity, with the involvement of the relevant TSOs, the Agency, the national regulatory authorities and the Commission, shall update the results of the application of the cost-benefit and cost-sharing to the priority offshore grid corridors, including whenever the Commission publishes any update to the guidance for a specific cost-benefit and cost-sharing for the deployment of the sea-basin integrated offshore network development plans referred to in Article 15(2) in accordance with the non-binding agreements referred to in Article 15(1). | 2. The ENTSO for Electricity, with the involvement of the relevant TSOs, and, where relevant, ENNOH and HTNOs, as well as the Agency, the national regulatory authorities and the Commission, shall update the results of the application of the cost-benefit and cost-sharing to the priority offshore grid corridors, including whenever the Commission publishes any update to the guidance for a specific cost-benefit and cost-sharing for the deployment of the sea-basin integrated offshore network development plans referred to in Article 15(2) in accordance with the non-binding agreements referred to in Article 15(1). |
Tsvetelina Penkova, Bruno Gonçalves, Jens Geier, Matthias Ecke, Elena Sancho Murillo, Nicolás González Casares
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The ENTSO for Electricity, with the involvement of the relevant TSOs, the Agency, the national regulatory authorities and the Commission, shall update the results of the application of the cost-benefit and cost-sharing to the priority offshore grid corridors, including whenever the Commission publishes any update to the guidance for a specific cost-benefit and cost-sharing for the deployment of the sea-basin integrated offshore network development plans referred to in Article 15(2) in accordance with the non-binding agreements referred to in Article 15(1). | 2. The ENTSO for Electricity and the ENNOH, with the involvement of the relevant TSOs and HTNOs, the Agency, the national regulatory authorities and the Commission, shall update the results of the application of the cost-benefit and cost-sharing to the priority offshore grid corridors, including whenever the Commission publishes any update to the guidance for a specific cost-benefit and cost-sharing for the deployment of the sea-basin integrated offshore network development plans referred to in Article 15(2) in accordance with the non-binding agreements referred to in Article 15(1). |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The ENTSO for Electricity, with the involvement of the relevant TSOs, the Agency, the national regulatory authorities and the Commission, shall update the results of the application of the cost-benefit and cost-sharing to the priority offshore grid corridors, including whenever the Commission publishes any update to the guidance for a specific cost-benefit and cost-sharing for the deployment of the sea-basin integrated offshore network development plans referred to in Article 15(2) in accordance with the non-binding agreements referred to in Article 15(1). | 2. The ENTSO for Electricity and the ENNOH, with the involvement of the relevant TSOs and HTNOs, the Agency, the national regulatory authorities and the Commission, shall update the results of the application of the cost-benefit and cost-sharing to the priority offshore grid corridors, including whenever the Commission publishes any update to the guidance for a specific cost-benefit and cost-sharing for the deployment of the sea-basin integrated offshore network development plans referred to in Article 15(2) in accordance with the non-binding agreements referred to in Article 15(1). |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The ENTSO for Electricity, with the involvement of the relevant TSOs, the Agency, the national regulatory authorities and the Commission, shall update the results of the application of the cost-benefit and cost-sharing to the priority offshore grid corridors, including whenever the Commission publishes any update to the guidance for a specific cost-benefit and cost-sharing for the deployment of the sea-basin integrated offshore network development plans referred to in Article 15(2) in accordance with the non-binding agreements referred to in Article 15(1). | 2. The ENTSO for Electricity and the ENNOH, with the involvement of the relevant TSOs and HTNOs, the Agency, the national regulatory authorities and the Commission, shall update the results of the application of the cost-benefit and cost-sharing to the priority offshore grid corridors, including whenever the Commission publishes any update to the guidance for a specific cost-benefit and cost-sharing for the deployment of the sea-basin integrated offshore network development plans referred to in Article 15(2) in accordance with the non-binding agreements referred to in Article 15(1). |
the involvement of ENNOH and HTNO is necessary to ensure coherent implementation of cost-benefit and cost-sharing methodologies across integrated offshore electricity and hydrogen infrastructure planning.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The efficiently incurred investment costs, which exclude maintenance costs, related to a project of common interest falling under the energy infrastructure categories set out in points (1)(a), (b), (c), (d), (e), (f) and (h) of Annex II, and projects of common interest falling under the energy infrastructure category set out in point (2) of Annex II, where they fall under the competence of national regulatory authorities in each Member State concerned, shall be borne by the relevant TSO, HNO, other operators or the project promoters of the transmission infrastructure of the Member States to which the project provides a net positive impact, and, to the extent not covered by congestion rents or other charges, be paid for by network users through tariffs for network access in that or those Member States. | 1. The efficiently incurred investment costs, capital as well as prognosed operational expenses for a period of 15 years, which exclude maintenance costs, and risks related to a project of common interest falling under the energy infrastructure categories set out in points (1)(a), (b), (c), (d), (e), (f) and (h) of Annex II, and projects of common interest falling under the energy infrastructure category set out in point (2) of Annex II, where they fall under the competence of national regulatory authorities in each Member State concerned, shall be borne by the relevant TSO, HNO, other operators or the project promoters of the transmission infrastructure of the Member States to which the project provides a net positive impact, in a manner that is in general proportionate to the distribution of the net benefits identified pursuant to paragraphs 4 and 6, and, to the extent not covered by congestion rents or other charges, be paid for by network users through tariffs for network access in that or those Member States. Duly justified ex-post adjustment of cross-border cost and risk allocation decision as described in paragraph 7 may be possible upon agreement of national regulatory authorities with the involvement of the Agency. |
Costs and risks of cross border infrastructure projects shall be borne according to the projected net benefit
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The efficiently incurred investment costs, which exclude maintenance costs, related to a project of common interest falling under the energy infrastructure categories set out in points (1)(a), (b), (c), (d), (e), (f) and (h) of Annex II, and projects of common interest falling under the energy infrastructure category set out in point (2) of Annex II, where they fall under the competence of national regulatory authorities in each Member State concerned, shall be borne by the relevant TSO, HNO, other operators or the project promoters of the transmission infrastructure of the Member States to which the project provides a net positive impact, and, to the extent not covered by congestion rents or other charges, be paid for by network users through tariffs for network access in that or those Member States. | 1. The efficiently incurred investment costs, and, if deemed appropriate by the relevant national regulatory authority, the operational costs related to a project of common interest falling under the energy infrastructure categories set out in points (1)(a), (b), (c), (d), (e), (f) and (h) of Annex II, and projects of common interest falling under the energy infrastructure category set out in point (2) of Annex II, where they fall under the competence of national regulatory authorities in each Member State concerned, shall be borne by the relevant TSO, HNO, other operators or the project promoters of the transmission infrastructure of the Member States to which the project provides a net positive impact, and, to the extent not covered by congestion rents or other charges, be paid for by network users through tariffs for network access in that or those Member States. |
By restricting cost sharing to CAPEX, this would penalise projects that have lower upfront costs, higher OPEX and lower total OPEX.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The efficiently incurred investment costs, which exclude maintenance costs, related to a project of common interest falling under the energy infrastructure categories set out in points (1)(a), (b), (c), (d), (e), (f) and (h) of Annex II, and projects of common interest falling under the energy infrastructure category set out in point (2) of Annex II, where they fall under the competence of national regulatory authorities in each Member State concerned, shall be borne by the relevant TSO, HNO, other operators or the project promoters of the transmission infrastructure of the Member States to which the project provides a net positive impact, and, to the extent not covered by congestion rents or other charges, be paid for by network users through tariffs for network access in that or those Member States. | 1. The efficiently incurred investment costs, and operational costs where deemed necessary by the relevant national regulatory auhtority, related to a project of common interest falling under the energy infrastructure categories set out in points (1)(a), (b), (c), (d), (e), (f) and (h) of Annex II, and projects of common interest falling under the energy infrastructure category set out in point (2) of Annex II, where they fall under the competence of national regulatory authorities in each Member State concerned, shall be borne by the relevant TSO, HNO, other operators or the project promoters of the transmission infrastructure of the Member States to which the project provides a net positive impact, and, to the extent not covered by congestion rents or other charges, be paid for by network users through tariffs for network access in that or those Member States. |
Restricting cost-sharing to investment expenditure (CAPEX), and neglecting compensation for all network related costs of a project, may discourage the Member State hosting that project from proceeding with delivery, especially for those projects that have limited upfront costs and higher operational and maintenance expenses. It is therefore proposed that national regulatory authorities assess the necessity of including OPEX as part of the CBCA.
| Text proposed by the Commission | Amendment |
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| 1. The efficiently incurred investment costs, which exclude maintenance costs, related to a project of common interest falling under the energy infrastructure categories set out in points (1)(a), (b), (c), (d), (e), (f) and (h) of Annex II, and projects of common interest falling under the energy infrastructure category set out in point (2) of Annex II, where they fall under the competence of national regulatory authorities in each Member State concerned, shall be borne by the relevant TSO, HNO, other operators or the project promoters of the transmission infrastructure of the Member States to which the project provides a net positive impact, and, to the extent not covered by congestion rents or other charges, be paid for by network users through tariffs for network access in that or those Member States. | 1. The efficiently incurred investment costs, which exclude maintenance costs, related to a project of common interest falling under the energy infrastructure categories set out in points (1)(a), (c), (d), (e) and (f) of Annex II, and projects of common interest falling under the energy infrastructure category set out in point (2) of Annex II, where they fall under the competence of national regulatory authorities in each Member State concerned, shall be borne by the relevant TSO, HNO, other operators or the project promoters of the transmission infrastructure of the Member States to which the project provides a net positive impact, and, to the extent not covered by congestion rents or other charges, be paid for by network users through tariffs for network access in that or those Member States. |
This amendment applies to each occurrence of 'points (1)(a), (b), (c), (d), (e), (f) and (h) of Annex II'.
| Text proposed by the Commission | Amendment |
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| Project promoters, regulatory authorities and the system operators of the concerned Member States shall provide to the Agency the information necessary for the purpose of carrying out the Agency’s tasks under this Article. |
| Text proposed by the Commission | Amendment |
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| The provisions of this Article shall apply to a project of common interest falling under the energy infrastructure categories set out in Article 27 and points (1)(a), (b), (c), (d), (e), (f) and (h) and point (2) of Annex II, where at least one project promoter requests the relevant national authorities their application for the costs of the project. | The provisions of this Article shall apply to a project of common interest falling under the energy infrastructure categories set out in Article 27 and points (1)(a), (b), (c), (d), (e), (f) and (h) and point (2) of Annex II, where at least one project promoter may request the relevant national authorities their application for the costs of the project. |
| Text proposed by the Commission | Amendment |
|---|---|
| The provisions of this Article shall apply to a project of common interest falling under the energy infrastructure categories set out in Article 27 and points (1)(a), (b), (c), (d), (e), (f) and (h) and point (2) of Annex II, where at least one project promoter requests the relevant national authorities their application for the costs of the project. | The provisions of this Article shall apply to a project of common interest falling under the energy infrastructure categories set out in Article 27 and points (1)(a), (b), (c), (d), (e), (f) and (h) and point (2) of Annex II, where at least one project promoter may request the relevant national authorities their application for the costs of the project. |
Mariateresa Vivaldini, Elena Donazzan, Nicola Procaccini, Francesco Torselli, Lara Magoni, Alessandro Ciriani, Ondřej Krutílek
| Text proposed by the Commission | Amendment |
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| The provisions of this Article shall apply to a project of common interest falling under the energy infrastructure categories set out in Article 27 and points (1)(a), (b), (c), (d), (e), (f) and (h) and point (2) of Annex II, where at least one project promoter requests the relevant national authorities their application for the costs of the project. | The provisions of this Article shall apply to a project of common interest falling under the energy infrastructure categories set out in Article 27 and points (1)(a), (b), (c), (d), (e), (f) and (h) and point (2) of Annex II, where at least one project may promoter request the relevant national authorities their application for the costs of the project. |
| Text proposed by the Commission | Amendment |
|---|---|
| The provisions of this Article shall apply to a project of common interest falling under the energy infrastructure categories set out in Article 27 and points (1)(a), (b), (c), (d), (e), (f) and (h) and point (2) of Annex II, where at least one project promoter requests the relevant national authorities their application for the costs of the project. | The provisions of this Article shall apply to a project of common interest falling under the energy infrastructure categories set out in points (1)(a), (b), (c), (d), (e), (f) and (h) and point (2) of Annex II, where at least one project promoter requests the relevant national authorities their application for the costs of the project. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where a project has several project promoters, the relevant national regulatory authorities shall without delay request all project promoters to submit the investment request jointly in accordance with paragraph 4. | Where a project has several project promoters, the relevant national regulatory authorities shall without delay request all project promoters to submit the investment request jointly in accordance with paragraph 4. The provisions set out in this paragraph shall apply only where a project promoters’ agreement on cost sharing is not available. |
Mariateresa Vivaldini, Elena Donazzan, Nicola Procaccini, Francesco Torselli, Lara Magoni, Alessandro Ciriani
| Text proposed by the Commission | Amendment |
|---|---|
| Where a project has several project promoters, the relevant national regulatory authorities shall without delay request all project promoters to submit the investment request jointly in accordance with paragraph 4. | Where a project has several project promoters, the relevant national regulatory authorities shall without delay request all project promoters to submit the investment request jointly in accordance with paragraph 4. This paragraph should be applied only in case a project promoters’ agreement on cost sharing is not available. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where a project has several project promoters, the relevant national regulatory authorities shall without delay request all project promoters to submit the investment request jointly in accordance with paragraph 4. | Where a project has several project promoters, the relevant national regulatory authorities shall without delay request all project promoters to submit the investment request jointly in accordance with paragraph 4. This paragraph should be applied only in case a project promoters’ agreement on cost sharing is not available. |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 3. For a project of common interest to which paragraph 1 applies, the project promoters shall keep all relevant national regulatory authorities regularly informed, at least once per year from inclusion of the project on the Union list, and until the project is commissioned, of the progress of that project and the identification of costs and the impact associated with it. | 3. For a project of common interest to which paragraph 1 applies, the project promoters shall keep all relevant national regulatory authorities regularly informed, at least once per year from inclusion of the project on the Union list, and until the project is commissioned, of the progress of that project and the identification of costs and the impact associated with it. The project promoters shall take necessary measures to ensure continuous progress of a project of common interest. |
Stronger obligations for project promoters are necessary to reduce implementation delays and ensure the effective delivery of projects of common interest.
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. A Member State qualifying as a hydrogen emergent market shall benefit from a derogation of Article 17 solely with respect to projects falling under paragraph 2 of Annex II. This derogation shall automatically expire from the moment when the Member State no longer qualifies as a hydrogen emergent market. |
A clear statement that an initiation and/or completion of a CBCA process does not constitute a prerequisite for the reception of fund and/or the application of EU de-risking mechanisms.
Mariateresa Vivaldini, Elena Donazzan, Nicola Procaccini, Francesco Torselli, Lara Magoni, Alessandro Ciriani
| Text proposed by the Commission | Amendment |
|---|---|
| As soon as such a project of common interest has reached sufficient maturity, and is estimated to be ready to start the construction phase within the next 36 months, the project promoters, after having consulted the TSOs from the Member States which receive a significant net positive impact from it, shall submit an investment request. That investment request shall include a request for a cross-border cost allocation and shall be submitted to all the relevant national regulatory authorities concerned, accompanied by the following: | As soon as such a project of common interest has reached sufficient maturity, and is estimated to be ready to start the construction phase within the next 36 months, in case a cost-sharing agreement between project promoters is not available the project promoters, after having consulted the TSOs from the Member States which receive a significant net positive impact from it, shall submit an investment request. That investment request shall include a request for a cross-border cost allocation and shall be submitted to all the relevant national regulatory authorities concerned, accompanied by the following: |
| Text proposed by the Commission | Amendment |
|---|---|
| As soon as such a project of common interest has reached sufficient maturity, and is estimated to be ready to start the construction phase within the next 36 months, the project promoters, after having consulted the TSOs from the Member States which receive a significant net positive impact from it, shall submit an investment request. That investment request shall include a request for a cross-border cost allocation and shall be submitted to all the relevant national regulatory authorities concerned, accompanied by the following: | As soon as such a project of common interest has reached sufficient maturity, and is estimated to be ready to start the construction phase within the next 36 months, in case a cost-sharing agreement between project promoters is not available,the project promoters, after having consulted the TSOs from the Member States which receive a significant net positive impact from it, shall submit an investment request. That investment request shall include a request for a cross-border cost allocation and shall be submitted to all the relevant national regulatory authorities concerned, accompanied by the following: |
| Text proposed by the Commission | Amendment |
|---|---|
| As soon as such a project of common interest has reached sufficient maturity, and is estimated to be ready to start the construction phase within the next 36 months, the project promoters, after having consulted the TSOs from the Member States which receive a significant net positive impact from it, shall submit an investment request. That investment request shall include a request for a cross-border cost allocation and shall be submitted to all the relevant national regulatory authorities concerned, accompanied by the following: | As soon as such a project of common interest has reached sufficient maturity, and is estimated to be ready to start the construction phase within the next 36 months, where a cost-sharing agreement between project promoters is not available, the project promoters, after having consulted the TSOs from the Member States which receive a significant net positive impact from it, shall submit an investment request. That investment request shall include a request for a cross-border cost allocation and shall be submitted to all the relevant national regulatory authorities concerned, accompanied by the following: |
| Text proposed by the Commission | Amendment |
|---|---|
| As soon as such a project of common interest has reached sufficient maturity, and is estimated to be ready to start the construction phase within the next 36 months, the project promoters, after having consulted the TSOs from the Member States which receive a significant net positive impact from it, shall submit an investment request. That investment request shall include a request for a cross-border cost allocation and shall be submitted to all the relevant national regulatory authorities concerned, accompanied by the following: | As soon as such a project of common interest has reached sufficient maturity, and is estimated to be ready to start the construction phase within the next 36 months, the project promoters, after having consulted the TSOs or HTNOs from the Member States which receive a significant net positive impact from it, shall submit an investment request. That investment request shall include a request for a cross-border cost allocation and shall be submitted to all the relevant national regulatory authorities concerned, accompanied by the following: |
Jana Nagyová, Ondřej Knotek, Tomáš Kubín, Mélanie Disdier, Aleksandar Nikolic, Ewa Zajączkowska-Hernik
| Text proposed by the Commission | Amendment |
|---|---|
| As soon as such a project of common interest has reached sufficient maturity, and is estimated to be ready to start the construction phase within the next 36 months, the project promoters, after having consulted the TSOs from the Member States which receive a significant net positive impact from it, shall submit an investment request. That investment request shall include a request for a cross-border cost allocation and shall be submitted to all the relevant national regulatory authorities concerned, accompanied by the following: | As soon as such a project of common interest has reached sufficient maturity, and is estimated to be ready to start the construction phase within the next 36 months, the project promoters, after having consulted the TSOs or HTNOs from the Member States which receive a significant net positive impact from it, shall submit an investment request. That investment request shall include a request for a cross-border cost allocation and shall be submitted to all the relevant national regulatory authorities concerned, accompanied by the following: |
| Text proposed by the Commission | Amendment |
|---|---|
| As soon as such a project of common interest has reached sufficient maturity, and is estimated to be ready to start the construction phase within the next 36 months, the project promoters, after having consulted the TSOs from the Member States which receive a significant net positive impact from it, shall submit an investment request. That investment request shall include a request for a cross-border cost allocation and shall be submitted to all the relevant national regulatory authorities concerned, accompanied by the following: | As soon as such a project of common interest has reached sufficient maturity, and is estimated to be ready to start the construction phase within the next 36 months, the project promoters, after having consulted the TSOs or HNOs from the Member States which receive a significant net positive impact from it, shall submit an investment request. That investment request shall include a request for a cross-border cost allocation and shall be submitted to all the relevant national regulatory authorities concerned, accompanied by the following: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) up-to-date project-specific cost-benefit analysis consistent with the central scenario referred to in Article 11 and any sensitivities referred to in Article 11, and the methodology for a harmonised energy system-wide cost-benefit analysis referred to in Article 14 and taking into account benefits beyond the borders of the Member States on the territory of which the project is located; | (a) up-to-date project-specific cost-benefit analysis consistent with the scenarios and sensitivities referred to in Article 11 and any sensitivities referred to in Article 11, applying the methodology for a harmonised energy system-wide cost-benefit analysis referred to in Article 14. The analysis shall explicitly quantify and present the distribution of potential and the methodology for a harmonised energy system-wide cost-benefit analysis referred to in Article 14 and taking into account benefits beyond the borders of the Member States on the territory of which the project is located; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) up-to-date project-specific cost-benefit analysis consistent with the central scenario referred to in Article 11 and any sensitivities referred to in Article 11, and the methodology for a harmonised energy system-wide cost-benefit analysis referred to in Article 14 and taking into account benefits beyond the borders of the Member States on the territory of which the project is located; | (a) up-to-date project-specific cost-benefit analysis consistent with the central scenario and, if appropriate, sensitivities referred to in Article 11 and any sensitivities referred to in Article 11, and the methodology for a harmonised energy system-wide cost-benefit analysis referred to in Article 14 and taking into account benefits beyond the borders of the Member States on the territory of which the project is located; |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| (a) up-to-date project-specific cost-benefit analysis consistent with the central scenario referred to in Article 11 and any sensitivities referred to in Article 11, and the methodology for a harmonised energy system-wide cost-benefit analysis referred to in Article 14 and taking into account benefits beyond the borders of the Member States on the territory of which the project is located; | (a) up-to-date project-specific cost-benefit analysis consistent with the Union strategic scenario referred to in Article 11 and any sensitivities referred to in Article 11, and the methodology for a harmonised energy system-wide cost-benefit analysis referred to in Article 14 and taking into account benefits beyond the borders of the Member States on the territory of which the project is located; |
Anna Stürgkh, Andreas Glück, Emma Wiesner, Sigrid Friis, Christophe Grudler, Morten Løkkegaard, Sophie Wilmès, Bart Groothuis
| Text proposed by the Commission | Amendment |
|---|---|
| (a) up-to-date project-specific cost-benefit analysis consistent with the central scenario referred to in Article 11 and any sensitivities referred to in Article 11, and the methodology for a harmonised energy system-wide cost-benefit analysis referred to in Article 14 and taking into account benefits beyond the borders of the Member States on the territory of which the project is located; | (a) up-to-date project-specific cost-benefit analysis consistent with scenarios and sensitivities referred to in Article 11 and any sensitivities referred to in Article 11, and the methodology for a harmonised energy system-wide cost-benefit analysis referred to in Article 14 and taking into account benefits beyond the borders of the Member States on the territory of which the project is located; |
András Gyürk, Jorge Martín Frías, Aleksandar Nikolic, Julie Rechagneux, Mélanie Disdier, Ewa Zajączkowska-Hernik
| Text proposed by the Commission | Amendment |
|---|---|
| (a) up-to-date project-specific cost-benefit analysis consistent with the central scenario referred to in Article 11 and any sensitivities referred to in Article 11, and the methodology for a harmonised energy system-wide cost-benefit analysis referred to in Article 14 and taking into account benefits beyond the borders of the Member States on the territory of which the project is located; | (a) up-to-date project-specific cost-benefit analysis consistent with the scenarios referred to in Article 11 and any sensitivities referred to in Article 11, and the methodology for a harmonised energy system-wide cost-benefit analysis referred to in Article 14 and taking into account benefits beyond the borders of the Member States on the territory of which the project is located; |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| (b) a business plan evaluating the financial viability of the project, including the chosen financing solution, and, for a project of common interest falling under the energy infrastructure category referred to in point (3) of Annex II, the results of market testing; | (b) a business plan evaluating the financial viability of the project, including the chosen financing solution, and, for a project of common interest falling under the energy infrastructure category referred to in point (3) of Annex II, the results of market testing; For projects contributing to Member States energy resilience, a comparison shall be made with alternative National projects; |
A comparison with alternative national projects is necessary to ensure that projects contributing to Member States’ energy resilience provide the most efficient and cost-effective solution.
| Text proposed by the Commission | Amendment |
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| (c) where the project promoters agree, a substantiated proposal for a cross-border cost allocation. | (c) a substantiated proposal for a cross-border cost allocation. |
| Text proposed by the Commission | Amendment |
|---|---|
| The relevant national regulatory authorities shall, upon receipt, transmit to the Agency, without delay, a copy of each investment request, for information purposes. | deleted |
| Text proposed by the Commission | Amendment |
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| The relevant national regulatory authorities and the Agency shall preserve the confidentiality of commercially sensitive information. | deleted |
| Text proposed by the Commission | Amendment |
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| The relevant national regulatory authorities and the Agency shall preserve the confidentiality of commercially sensitive information. | The relevant national regulatory authorities and the Agency shall preserve the confidentiality of commercially sensitive information throughout the entire lifecycle of the project and for a contractually agreed period following its completion, with clear provisions governing the access to information. |
Anna Stürgkh, Emma Wiesner, Christophe Grudler, Morten Løkkegaard, Barry Andrews, Sophie Wilmès, Bart Groothuis
| Text proposed by the Commission | Amendment |
|---|---|
| The submission of an investment request and the adoption of a cross-border cost and risk allocation decision pursuant to this Article shall not constitute a mandatory prerequisite for a project promoter to apply for Union financial support, including under the Connecting Europe Facility, provided that the hosting national regulatory authority or authorities have issued a positive statement on the eligibility and maturity of the project. |
The mandatory and sequential step of CBCA and CEF grants for works should be therefore removed, allowing the two processes to be run in parallel, while it should be possible for project promoters to directly apply for CEF under the condition of a positive statement of the hosting NRA(s). In some cases, in fact, CBCA decisions may not be appropriate (e.g., when benefits, according to the results of the CBA, outweigh costs in all hosting countries), and a direct request for CEF support should be possible.
| Text proposed by the Commission | Amendment |
|---|---|
| Within six months of the date on which the investment request is received by the last of the relevant national regulatory authorities, those authorities shall, after consulting the project promoters concerned, take joint coordinated decisions on the allocation of efficiently incurred investment costs to be borne by each system operator for the project, as well as their inclusion in tariffs, or on the rejection of the investment request, in whole or in part, if the common analysis of the relevant national regulatory authorities concludes that the project or a part of it fails to provide a significant net benefit in any of the Member States of the relevant national regulatory authorities. | Within six months of the date on which the investment request is received by the last of the relevant national regulatory authorities, those authorities shall, after consulting the project promoters concerned, take joint coordinated decisions on the allocation of efficiently incurred investment and, where applicable, operational costs to be borne by each system operator for the project, as well as their inclusion in tariffs, or on the rejection of the investment request, in whole or in part, if the common analysis of the relevant national regulatory authorities concludes that the project or a part of it fails to provide a significant net benefit in any of the Member States of the relevant national regulatory authorities. |
| (The amendment applies throughout paragraph 5.) |
| Text proposed by the Commission | Amendment |
|---|---|
| Where the case is duly justified by project complexity or the need for additional cross-border data, the relevant national regulatory authorities may extend this period once by up to three months, informing the Agency without delay and stating the reasons. |
| Text proposed by the Commission | Amendment |
|---|---|
| For projects in the territories of their respective Member State, the relevant national regulatory authorities shall thereafter assess, where appropriate, whether any affordability issues might arise due to the inclusion of the investment costs in tariffs. | For projects in the territories of their respective Member State, the relevant national regulatory authorities shall thereafter assess, where appropriate, whether any affordability issues, such as a potential increase in tariffs, might arise due to the inclusion of the investment costs in tariffs. |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Kamila Gasiuk-Pihowicz, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| The allocation of costs across borders shall take into account, the economic, social and environmental costs and benefits of the projects in the Member States concerned and the need to ensure a stable financing framework for the development of projects of common interest while minimising the need for financial support. In allocating costs across borders, the relevant national regulatory authorities, after consulting the TSOs concerned, shall seek a mutual agreement based on, but not limited to, the information specified in paragraph 4, first subparagraph, points (a) and (b), of this Article. Their assessment shall be based on the central scenario and any sensitivities referred to in Article 11, allowing a robust analysis of the contribution of the project of common interest to the Union energy policy of decarbonisation, market integration, competition, sustainability and security of supply. | The allocation of costs across borders shall take into account, the economic, social and environmental costs and benefits of the projects in the Member States concerned and the need to ensure a stable financing framework for the development of projects of common interest while minimising the need for financial support. In allocating costs across borders, the relevant national regulatory authorities, after consulting the TSOs concerned, shall seek a mutual agreement based on, but not limited to, the information specified in paragraph 4, first subparagraph, points (a) and (b), of this Article. Their assessment shall be based on the initial scenario and any sensitivities referred to in Article 11, allowing a robust analysis of the contribution of the project of common interest to the Union energy policy of decarbonisation, market integration, competition, sustainability and security of supply. |
András Gyürk, Jorge Martín Frías, Aleksandar Nikolic, Julie Rechagneux, Mélanie Disdier, Ewa Zajączkowska-Hernik
| Text proposed by the Commission | Amendment |
|---|---|
| The allocation of costs across borders shall take into account, the economic, social and environmental costs and benefits of the projects in the Member States concerned and the need to ensure a stable financing framework for the development of projects of common interest while minimising the need for financial support. In allocating costs across borders, the relevant national regulatory authorities, after consulting the TSOs concerned, shall seek a mutual agreement based on, but not limited to, the information specified in paragraph 4, first subparagraph, points (a) and (b), of this Article. Their assessment shall be based on the central scenario and any sensitivities referred to in Article 11, allowing a robust analysis of the contribution of the project of common interest to the Union energy policy of decarbonisation, market integration, competition, sustainability and security of supply. | The allocation of costs across borders shall take into account, the economic, social and environmental costs and benefits of the projects in the Member States concerned and the need to ensure a stable financing framework for the development of projects of common interest while minimising the need for financial support. In allocating costs across borders, the relevant national regulatory authorities, after consulting the TSOs concerned, shall seek a mutual agreement based on, but not limited to, the information specified in paragraph 4, first subparagraph, points (a) and (b), of this Article. Their assessment shall be based on the scenarios and any sensitivities referred to in Article 11, allowing a robust analysis of the contribution of the project of common interest to the Union energy policy of decarbonisation, market integration, competition, sustainability and security of supply. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) where at least 10 % of the estimated benefits of a project occur in a Member State, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process; | (a) where at least 10 % of the estimated net benefits of a project occur in a Member State, based on the information provided by the ENTSO for Electricity and ENNOH pursuant to Article 14 paragraph 13, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process for the purpose of analysis and consultation, without prejudice to the costs to be borne by each system operator, and unless decided otherwise by the Member States in which the project is being considered; |
Jana Nagyová, Ondřej Knotek, Tomáš Kubín, Mélanie Disdier, Aleksandar Nikolic, Ewa Zajączkowska-Hernik
| Text proposed by the Commission | Amendment |
|---|---|
| (a) where at least 10 % of the estimated benefits of a project occur in a Member State, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process; | (a) where at least 10 % of the estimated benefits of a project occur in a Member State involved in the interconnected projects, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process; |
| For categories set out in point (2) of Annex II, this condition in the first sentence of (a) covers all the Member States included in the specific supply corridor; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) where at least 10 % of the estimated benefits of a project occur in a Member State, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process; | (a) where at least 10 % of the estimated benefits of a project occur in a Member State involved in interconnected projects, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process; |
| For categories set out in point (2) of Annex II, this condition in the first sentence of (a) covers all the Member States included in the specific supply corridor; |
On the inclusion of any Member State where at least 10% of the estimated benefits occur in the CBCA process, it should be more specific by stating that should be included in the CBCA process only Member States directly involved in or connected to the project related to infrastructure developments.
| Text proposed by the Commission | Amendment |
|---|---|
| (a) where at least 10 % of the estimated benefits of a project occur in a Member State, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process; | (a) where at least 10 % of the estimated benefits of a project occur in a Member State involved in interconnected projects, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process; |
| For categories set out in point (2) of Annex II, conditions set in letter (a) covers all the Member States included in the specific supply corridor. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) where at least 10 % of the estimated benefits of a project occur in a Member State, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process; | (a) where at least 10 % of the estimated benefits of a project occur in a Member State, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process for the purposes of analysis and consultation, without prejudice to the allocation of costs between system operators, unless otherwise agreed by the Member States concerned with the project. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) where at least 10 % of the estimated benefits of a project occur in a Member State, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process; | (a) where at least 5 % of the estimated net benefits of a project occur in a Member State, that Member State and the relevant national regulatory authority, together with the Member States where the project is located and the concerned national regulatory authorities, shall take part in the cross-border cost-allocation process; |
The aim of this article should be to foster cross border cooperation by facilitating discussions among Member States and NRAs that benefit from a project. A 10% threshold would restrict these possibilities. ACER recommended a 5% threshold in its 2023 recommendations on “on good practices for the treatment of the investment requests, including Cross Border Cost Allocation requests, for Projects of Common Interest”
| Text proposed by the Commission | Amendment |
|---|---|
| (a) where at least 10 % of the estimated benefits of a project occur in a Member State, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process; | (a) where at least 10 % of the estimated benefits of a project occur in a Member State, directly involved in interconnected projects, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process without prejudice to the costs to be borne by each system operator; |
Mariateresa Vivaldini, Elena Donazzan, Nicola Procaccini, Francesco Torselli, Lara Magoni, Alessandro Ciriani
| Text proposed by the Commission | Amendment |
|---|---|
| (a) where at least 10 % of the estimated benefits of a project occur in a Member State, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process; | (a) where at least 10 % of the estimated benefits of a project occur in a Member State directly involved in interconnected projects, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process without prejudice to the costs to be borne by each system operator; |
In order to make viable the process, only Member States directly related to the project realization - or at least directly affected by it -should take part in the CBCA.
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| (a) where at least 10 % of the estimated benefits of a project occur in a Member State, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process; | (a) where at least 10 % of the estimated benefits of a project occur in a Member State involved in interconnected projects, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process; |
Ensures participation of Member States affected through interconnected infrastructure, enabling more accurate cost allocation and coordinated planning. Supports efficient renewable integration, avoids duplicative investments and reduces environmental impacts, contributing to EU climate objectives.
| Text proposed by the Commission | Amendment |
|---|---|
| (a) where at least 10 % of the estimated benefits of a project occur in a Member State, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process; | (a) where at least 10 % of the estimated benefits of a project occur in a Member State, that Member State and the relevant national regulatory authority shall take part proportionately in the cross-border cost-allocation process; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) where at least 10 % of the estimated benefits of a project occur in a Member State, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process; | (a) where at least 20 % of the estimated benefits of a project occur in a Member State, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process; |
The 10% threshold would be too low, and could demonstrate a benefit regardless of the project’s actual utility, potentially turning the Member State-concerned into a de facto mandatory financier. As a result domestic consumers could be forced to bear the costs of projects from which they derive little actual benefit and which may not even be implemented on the territory of their Member State.
| Text proposed by the Commission | Amendment |
|---|---|
| (a) where at least 10 % of the estimated benefits of a project occur in a Member State, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process; | (a) where at least 5 % of the estimated benefits of a project occur in a Member State, that Member State and the relevant national regulatory authority shall take part in the cross-border cost-allocation process; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) where appropriate, the allocation of costs among the Member States shall be based on the distribution of net benefits, ensuring that the cost-allocation key reflects that distribution; | (b) where appropriate, the proportionate allocation of costs among the Member States shall be based on the distribution of net benefits, ensuring that the cost-allocation key reflects that distribution, without resulting in unequal treatment between the partner states; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) where appropriate, the allocation of costs among the Member States shall be based on the distribution of net benefits, ensuring that the cost-allocation key reflects that distribution; | (b) where appropriate, the allocation of costs among the Member States shall be based on the distribution of benefits, ensuring that the cost-allocation key reflects that distribution; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) where appropriate, the allocation of costs among the Member States shall be based on the distribution of net benefits, ensuring that the cost-allocation key reflects that distribution; | (b) where appropriate, the allocation of costs among the Member States shall be based on the distribution of benefits, ensuring that the cost-allocation key reflects that distribution; |
The allocation of costs among the Member States shall not only be based on the distribution of net benefit (i.e. benefit minus cost). Gross benefit should be considered in cases where net benefits will be equal to zero or negative, whereas gross benefits are always positive. With a zero value or a negative value, one will have difficulties to allocate cost. Some room for interpretation regarding cost sharing should, then, be applied in these cases where it is not possible to share cost on net benefits, i.e. when the net benefits for one party are equal to zero or are negative. For instance, a partition key for the cost in these cases could be the overall benefits (i.e. without subtracting the cost occurred in the considered system).
| Text proposed by the Commission | Amendment |
|---|---|
| (b) where appropriate, the allocation of costs among the Member States shall be based on the distribution of net benefits, ensuring that the cost-allocation key reflects that distribution; | (b) where appropriate, the allocation of costs among the Member States shall be based on the distribution of benefits, ensuring that the cost-allocation key reflects that distribution; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the cross-border cost allocation shall be based on an ex-ante cost-allocation agreement designed to ensure investment certainty, whereas the agreement shall be transparent and predictable and the cross-border cost-allocation may provide for the possibility of ex-post adjustments, provided that such adjustments are explicitly defined in the cost allocation decision and clearly framed, including as regards timeframes and categories of costs covered. | (c) the cross-border cost allocation shall be based on an ex-ante cost-allocation agreement designed to ensure investment certainty, whereas the agreement shall be transparent and predictable and the cross-border cost-allocation may provide for the possibility of ex-post adjustments, provided that such adjustments are explicitly defined in the cost allocation decision and clearly framed, including as regards timeframes and categories of costs covered. When allocating costs, due consideration shall be given to the impact of energy prices on the competitiveness of European businesses. |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| (c a) in the case of offshore hybrid projects where a project integrates both a hybrid interconnector and an offshore renewable joint project, the cross-border cost-allocation shall be based on a uniform cross-border cost-allocation methodology that considers both infrastructure and generation assets for offshore hybrid projects |
A uniform cross-border cost-allocation methodology is necessary to ensure fair and consistent treatment of offshore hybrid projects integrating both infrastructure and generation assets.
Tsvetelina Penkova, Bruno Tobback, Bruno Gonçalves, Jens Geier, Giorgio Gori, Daniel Attard, Matthias Ecke, Annalisa Corrado, Elena Sancho Murillo, Nicolás González Casares
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The relevant national regulatory authorities shall, on the basis of the cross-border cost allocation referred to in paragraph 5 of this Article, take into account actual costs incurred by a TSO, HNO or other project promoter as a result of the investments when fixing or approving tariffs in accordance with Article 78(1) of Directive (EU) 2024/1788 and Article 59(1), point (a), of Directive (EU) 2019/944, insofar as those costs correspond to those of an efficient and structurally comparable operator. | 8. The relevant national regulatory authorities shall, on the basis of the cross-border cost allocation referred to in paragraph 5 of this Article, take into account actual costs incurred by a TSO, DSO, HNO or other project promoter as a result of the investments when fixing or approving tariffs in accordance with Article 78(1) of Directive (EU) 2024/1788 and Article 59(1), point (a), of Directive (EU) 2019/944, insofar as those costs correspond to those of an efficient and structurally comparable operator. |
Distribution networks play a key role in integrating large amounts of renewable and distributed electricity generation, while enabling demand response, energy storage, electric vehicles and other flexibility sources. Their material contribution to the functioning of the internal energy market, including where impacts are cross-border relevant, should be explicitly recognised, and DSO-led projects should therefore be fully considered in both cross-border cost allocation processes and the setting of network tariffs.
| Text proposed by the Commission | Amendment |
|---|---|
| The relevant national regulatory authorities shall notify the cost allocation decision to the Agency, without delay, together with all the relevant information with respect to that decision. In particular, the cost allocation decision shall set out detailed reasons for the allocation of costs among Member States, including the following: | deleted |
| (a) an evaluation of the identified impact on each of the concerned Member States, including those concerning network tariffs; | |
| (b) an evaluation of the business plan referred to in paragraph 4, first subparagraph, point (b); | |
| (c) regional or Union-wide positive externalities, such as security of supply, system flexibility, solidarity or innovation, which the project would generate; | |
| (d) the result of the consultation of the project promoters concerned. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) an evaluation of the identified impact on each of the concerned Member States, including those concerning network tariffs; | (a) an evaluation of the identified impact on each of the concerned Member States, including those concerning final electricity prices and network tariffs; |
To facilitate cost sharing discussions, it would be appropriate to also share information on what would be the impact of the project on electricity prices in the countries that are concerned.
| Text proposed by the Commission | Amendment |
|---|---|
| The cost allocation decision shall be published on the websites of the relevant national regulatory authorities and shared with Agency and the Commission. | The cost allocation decision shall be published on the websites of the relevant national regulatory authorities and shared with the Commission. |
Tsvetelina Penkova, Bruno Tobback, Matthias Ecke, Annalisa Corrado, Elena Sancho Murillo, Nicolás González Casares
| Text proposed by the Commission | Amendment |
|---|---|
| By [within 24 months of entry into force], and at least every two years thereafter, the Agency shall publish a report monitoring the cross-border cost allocation decisions. Project promoters, regulatory authorities and the transmission system operators of the concerned Member States shall provide to the Agency the information necessary for the purpose of carrying out the Agency’s task under this Article. |
| Text proposed by the Commission | Amendment |
|---|---|
| By [within 24 months of entry into force], and at least every two years thereafter, the Agency shall publish a report monitoring the cross-border cost allocation decisions. Project promoters, regulatory authorities and the transmission system operators of the concerned Member States shall provide to the Agency the information necessary for the purpose of carrying out the Agency’s task under this Article. |
Monitoring is key to the implementation and improvement of cost sharing mechanisms. Hence ACER should be tasked to monitor these mechanisms and publish a report and relevant stakeholders should provide the relevant information to enable ACER to carry out this task.
| Text proposed by the Commission | Amendment |
|---|---|
| By [within 24 months of entry into force], the Agency shall publish a report monitoring the cross-border cost allocation decisions. |
ACER shall be tasked with the responsibility to monitor and report on the CBCA decisions to provide insights into the functioning of this regulatory tool and its contribution to implementing cross-border projects.
| Text proposed by the Commission | Amendment |
|---|---|
| In that case, or upon a joint request from the relevant national regulatory authorities, the decision on the investment request including cross-border cost allocation referred to in paragraph 5 shall be taken by the Agency within three months of the date of referral to the Agency. | In that case, or upon a joint request from the relevant national regulatory authorities, the non-binding decision on the investment request including cross-border cost allocation referred to in paragraph 5 shall be taken by the Agency within three months of the date of referral to the Agency. Before taking such a decision, the Agency shall consult the relevant national regulatory authorities and the project promoters. After consulting with the national regulatory authorities, the Agency shall take into account the impact of the requested investment costs on the affordability of network tariffs and the investment capability of the system operator(s) in line with the national obligations for development and maintenance of transmission and distribution infrastructure both in short and long term. |
CBCA process shouldn’t create uncertainty, delays, and resistance, and can undermine trust especially with non-hosting countries. We support a clear role for NRAs in the process to make sure regional and national conditions are considered. We believe the decision should consider also effects on the national network tariffs and investment capabilities of system operators in line with their national obligations.
| Text proposed by the Commission | Amendment |
|---|---|
| In that case, or upon a joint request from the relevant national regulatory authorities, the decision on the investment request including cross-border cost allocation referred to in paragraph 5 shall be taken by the Agency within three months of the date of referral to the Agency. | In that case, or upon a joint request from the relevant national regulatory authorities, a decision on the investment request including cross-border cost allocation referred to in paragraph 5 shall be suggested by the Agency within three months of the date of referral to the Agency. |
| Text proposed by the Commission | Amendment |
|---|---|
| Before taking such a decision, the Agency shall consult the relevant national regulatory authorities and the project promoters. The three-month period referred to in the second subparagraph may be extended by an additional period of two months where further information is sought by the Agency. That additional period shall begin on the day following receipt of the complete information. | To that end, the Agency shall consult the relevant national regulatory authorities and the project promoters. The three-month period referred to in the second subparagraph may be extended by an additional period of two months where further information is sought by the Agency. That additional period shall begin on the day following receipt of the complete information. |
| Text proposed by the Commission | Amendment |
|---|---|
| The assessment of the Agency shall be based on the central scenario established under Article 11 and any sensitivities, allowing a robust analysis of the contribution of the project of common interest to the Union energy policy targets of decarbonisation, market integration, competition, sustainability and security of supply. | deleted |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Kamila Gasiuk-Pihowicz, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| The assessment of the Agency shall be based on the central scenario established under Article 11 and any sensitivities, allowing a robust analysis of the contribution of the project of common interest to the Union energy policy targets of decarbonisation, market integration, competition, sustainability and security of supply. | The assessment of the Agency shall be based on the Union strategic scenario established under Article 11 and any sensitivities, allowing a robust analysis of the contribution of the project of common interest to the Union energy policy targets of decarbonisation, market integration, competition, sustainability and security of supply. |
| Text proposed by the Commission | Amendment |
|---|---|
| The assessment of the Agency shall be based on the central scenario established under Article 11 and any sensitivities, allowing a robust analysis of the contribution of the project of common interest to the Union energy policy targets of decarbonisation, market integration, competition, sustainability and security of supply. | The assessment of the Agency shall be based on the scenarios established under Article 11 and any sensitivities, allowing a robust analysis of the contribution of the project of common interest to the Union energy policy targets of decarbonisation, market integration, competition, sustainability and security of supply. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Agency, in its decision on the investment request including cross-border cost allocation, shall leave the determination of the way the investment costs are included in the tariffs in accordance with the cross-border cost allocation prescribed, to the relevant national authorities at the time of the implementation of that decision in accordance with national law. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| The decision on the investment request including cross-border cost allocation shall be published. Article 25(3) and Articles 28 and 29 of Regulation (EU) 2019/942 shall apply. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 11. A copy of all cost allocation decisions, together with all the relevant information with respect to each decision, shall be notified, without delay, by the Agency to the Commission. The Agency shall publish non-confidential versions of all decisions on its website. That information may be submitted in aggregate form. The Agency and the Commission shall preserve the confidentiality of commercially sensitive information. | deleted |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Kamila Gasiuk-Pihowicz, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 12. Cost allocation decisions shall not affect the right of TSOs to apply and of national regulatory authorities to approve charges for access to networks in accordance with Regulations (EU) 2019/943 and (EU) 2024/1789 and Directives (EU) 2019/944 and (EU) 2024/1788. | 12. Cost allocation decisions shall not affect the right of TSOs and HTNOs to apply and of national regulatory authorities to approve charges for access to networks in accordance with Regulations (EU) 2019/943 and (EU) 2024/1789 and Directives (EU) 2019/944 and (EU) 2024/1788. |
Taking into account the renewable nature of hydrogen production, the inclusion of HTNOs is essential to ensure the coherence and consistency of the Regulation.
Jana Nagyová, Ondřej Knotek, Tomáš Kubín, Mélanie Disdier, Aleksandar Nikolic, Ewa Zajączkowska-Hernik
| Text proposed by the Commission | Amendment |
|---|---|
| 12. Cost allocation decisions shall not affect the right of TSOs to apply and of national regulatory authorities to approve charges for access to networks in accordance with Regulations (EU) 2019/943 and (EU) 2024/1789 and Directives (EU) 2019/944 and (EU) 2024/1788. | 12. Cost allocation decisions shall not affect the right of TSOs and HTNOs to apply and of national regulatory authorities to approve charges for access to networks in accordance with Regulations (EU) 2019/943 and (EU) 2024/1789 and Directives (EU) 2019/944 and (EU) 2024/1788. |
| Text proposed by the Commission | Amendment |
|---|---|
| 12. Cost allocation decisions shall not affect the right of TSOs to apply and of national regulatory authorities to approve charges for access to networks in accordance with Regulations (EU) 2019/943 and (EU) 2024/1789 and Directives (EU) 2019/944 and (EU) 2024/1788. | 12. Cost allocation decisions shall not affect the right of TSOs and HTNOs to apply and of national regulatory authorities to approve charges for access to networks in accordance with Regulations (EU) 2019/943 and (EU) 2024/1789 and Directives (EU) 2019/944 and (EU) 2024/1788. |
| Text proposed by the Commission | Amendment |
|---|---|
| 12. Cost allocation decisions shall not affect the right of TSOs to apply and of national regulatory authorities to approve charges for access to networks in accordance with Regulations (EU) 2019/943 and (EU) 2024/1789 and Directives (EU) 2019/944 and (EU) 2024/1788. | 12. Cost allocation decisions shall not affect the right of TSOs and HNOs to apply and of national regulatory authorities to approve charges for access to networks in accordance with Regulations (EU) 2019/943 and (EU) 2024/1789 and Directives (EU) 2019/944 and (EU) 2024/1788. |
| Text proposed by the Commission | Amendment |
|---|---|
| That recommendation shall be regularly updated by the Agency as necessary. It shall take account of sectorial specificities, and shall ensure consistency with the principles on the offshore grids for renewable energy cross-border cost sharing as referred to in Article 16(1). In adopting or updating the recommendation, the Agency shall carry out an extensive consultation process, involving all relevant stakeholders. That recommendation shall also include a non-binding cross-border cost-allocation template to facilitate the work of national regulatory agencies. | That recommendation shall be regularly updated by the Agency as necessary. It shall take account of sectorial specificities. In adopting or updating the recommendation, the Agency shall carry out an extensive consultation process, involving all relevant stakeholders. That recommendation shall also include a non-binding cross-border cost-allocation template to facilitate the work of national regulatory agencies. |
| Text proposed by the Commission | Amendment |
|---|---|
| 16. This Article shall apply mutatis mutandis to project bundles under Article 18. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 16 a. A cross-border cost allocation decision according to this Article 17 is not necessary, if according to a project-specific cost-benefit analysis the project provides net benefits to all affected Members States. Union financial assistance for works can be requested and granted without a cross-border cost allocation decision in case of projects falling under Annex II point (2). |
The possibility to skip the CBCA stage in case the project provides net benefits to all affected national systems or for hydrogen projects asking for a financial assistance for work (see new article 17(17)).
| Text proposed by the Commission | Amendment |
|---|---|
| 16 a. A cross-border cost allocation decision according to this Article 17 is not necessary, if according to a project-specific cost-benefit analysis the project provides net benefits to all affected Members States. Union financial assistance for works can be requested and granted without a cross-border cost allocation decision in case of projects falling under Annex II point (2). |
| Text proposed by the Commission | Amendment |
|---|---|
| 16 a. A cross-border cost allocation decision according to this Article is not necessary if, according to a project-specific cost-benefit analysis, the project provides net benefits to all interested Members States. In the case of projects falling under Annex II, point (2), a cross-border cost allocation decision is not necessary in order to request Union financial assistance for works. |
| Text proposed by the Commission | Amendment |
|---|---|
| 16 a. A cross-border cost allocation decision according to Article 17 is not necessary, if according to a project-specific cost-benefit analysis the project provides net benefits to all affected Members States. Union financial assistance for works can be requested and granted without a cross-border cost allocation decision in case of projects falling under Annex II point (2). |
| Text proposed by the Commission | Amendment |
|---|---|
| 16 a. A cross-border cost allocation decision according to this Article 17 is not necessary, if according to a project-specific cost-benefit analysis the project provides net benefits to all affected Members States. Union financial assistance for works can be requested and granted without a cross-border cost allocation decision in case of projects falling under Annex II point (2). |
EU guarantee solution as an effective de-risking mechanism on EU level to unlock financing for dedicated cross-border infrastructure.
Mariateresa Vivaldini, Elena Donazzan, Nicola Procaccini, Francesco Torselli, Lara Magoni, Alessandro Ciriani
| Text proposed by the Commission | Amendment |
|---|---|
| Article17a | |
| A cross-border cost allocation decision according to this Article 17 is not necessary, if according to a project-specific cost-benefit analysis the project provides net benefits to all affected Members States. In the case of projects falling under Annex II point (2), a cross-border cost allocation decision is not necessary in order to request Union financial assistance for works. |
CBCA is a complex and potentially unsuccessful exercise that might limit the possibility to access grants for works.In case a project provides net benefits to all affected national systems, CBCA should not be required.As well, CBCA should not be required also in case promoters of interconnected projects opt for requesting Union financial assistance without a CBCA decision.In both cases the result would be skipping the CBCA requirement prescribed under Art. 21 comma 2(b), easing the process for requesting access to Union financial assistance.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 17a | |
| A cross-border cost allocation decision is not required if, according to a project-specific cost-benefit analysis, the project provides net benefits to all affected Member States. Union financial assistance for works may be requested and granted without a cross-border cost allocation decision for projects falling under Annex II, point (2). |
Targeted changes to the CBCA framework are needed to decouple CBCA decisions from eligibility for EU-level support mechanisms, including future tools under Article 21. This would ensure more direct, predictable and effective access to support instruments for cross-border hydrogen infrastructure projects.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 18 | deleted |
| Enabling energy infrastructure projects bundling for the purpose of cost-sharing | |
| 1. Project promoters may bundle two or more projects on the Union list to facilitate the discussions on cost-sharing between the relevant Member States and third countries, as appropriate, and the cross-border cost-allocation decisions between the concerned competent authorities of the Member States or between the competent authorities of the Member States and third countries, as appropriate. | |
| 2. The Commission may invite project promoters to submit a proposal for one or several bundles of two or more projects on the Union list to the relevant Groups for discussion. A project bundle may include projects at different stages of maturity, provided that their bundling does not delay the implementation of the most mature projects. | |
| 3. Following the discussions in the Groups, the Commission may request the ENTSO for Electricity or the ENNOH to provide a common cost-benefit analysis for the proposed bundles of two or more projects on the Union list. The common cost-benefit analysis shall be consistent with the central scenario and sensitivities referred to under Article 11, and the methodology drawn up pursuant to Article 15. The ENTSO for Electricity or the ENNOH shall provide the common cost-benefit analysis within 2 months of the request to the Commission. | |
| 4. The relevant Member States, with the involvement of the relevant national regulatory authorities, and with the support of the Commission, shall conclude on the bundle of projects and, where appropriate, invite project promoters to add projects to the bundle or delete projects from the bundle, if this facilitates discussions on cost-sharing, provided that the number of projects on the Union list included in the bundle remains manageable. | |
| 5. The relevant Member States may decide to endorse the bundles and invite project promoters to submit a joint investment request under Article 17(4). That decision shall be shared with the relevant Groups and the Commission. For the purpose of Article 17(4), only one up-to-date cost-benefit analysis and one proposal for a cross-border cost-allocation shall be included in the investment request in view of facilitating a possible application for Union financial assistance pursuant to Article 21. |
| Text proposed by the Commission | Amendment |
|---|---|
| Enabling energy infrastructure projects bundling for the purpose of cost-sharing | deleted |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| Enabling energy infrastructure projects bundling for the purpose of cost-sharing | Enabling energy infrastructure projects bundling for the purpose of cost-sharing and permitting |
Bundling should facilitate integrated project delivery, including permitting coordination, in order to reduce implementation delays and improve cross-border infrastructure planning.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Project promoters may bundle two or more projects on the Union list to facilitate the discussions on cost-sharing between the relevant Member States and third countries, as appropriate, and the cross-border cost-allocation decisions between the concerned competent authorities of the Member States or between the competent authorities of the Member States and third countries, as appropriate. | 1. Project promoters may bundle two or more projects on the Union list to facilitate the discussions on cost-sharing between the relevant Member States and third countries, as appropriate, and the cross-border cost-allocation decisions between the concerned competent authorities of the Member States or between the competent authorities of the Member States and third countries, as appropriate. As regards project bundles, cost-benefit analysis and cost-sharing proposals may be assessed per bundle in an appropriate regional process among relevant Member States, their regulatory authorities and under involvement of relevant TSOs, as a basis for the cross-border cost-allocation decisions of the bundle. |
András Gyürk, Jorge Martín Frías, Aleksandar Nikolic, Julie Rechagneux, Mélanie Disdier, Ewa Zajączkowska-Hernik
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Project promoters may bundle two or more projects on the Union list to facilitate the discussions on cost-sharing between the relevant Member States and third countries, as appropriate, and the cross-border cost-allocation decisions between the concerned competent authorities of the Member States or between the competent authorities of the Member States and third countries, as appropriate. | 1. Following prior and full consent of the Member States concerned, project promoters may bundle two or more projects on the Union list to facilitate the discussions on cost-sharing between the relevant Member States and third countries, as appropriate, and the cross-border cost-allocation decisions between the concerned competent authorities of the Member States or between the competent authorities of the Member States and third countries, as appropriate. |
Bundling of projects may provide administrative simplification, but it can also pose a risk, as a weaker or controversial project can be combined with a stronger project, thus generating financing and cost-sharing obligations for a Member State that would not support that investment on its own.
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Project promoters may bundle two or more projects on the Union list to facilitate the discussions on cost-sharing between the relevant Member States and third countries, as appropriate, and the cross-border cost-allocation decisions between the concerned competent authorities of the Member States or between the competent authorities of the Member States and third countries, as appropriate. | 1. Project promoters may bundle two or more projects on the Union list to facilitate the discussions on cost-sharing and permitting between the relevant Member States and third countries, as appropriate, and the cross-border cost-allocation decisions between the concerned competent authorities of the Member States or between the competent authorities of the Member States and third countries, as appropriate. |
Permitting procedures remain a major source of delays for cross-border infrastructure projects and should therefore be addressed jointly with cost-sharing arrangements.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Commission may invite project promoters to submit a proposal for one or several bundles of two or more projects on the Union list to the relevant Groups for discussion. A project bundle may include projects at different stages of maturity, provided that their bundling does not delay the implementation of the most mature projects. | 2. The Commission may invite project promoters to submit a proposal for one or several bundles of two or more projects on the Union list to the relevant Groups for discussion. Project promoters are encouraged to jointly assess the benefits of bundling projects from the beginning of the project development process. This analysis may also be used in the application process for projects of common interest or project of mutual interest status as under Article 3 of this Regulation. A project bundle may include projects at different stages of maturity, provided that their bundling does not delay the implementation of the most mature projects. |
Virgil-Daniel Popescu, Christian Ehler, Ioan-Rareş Bogdan, Iuliu Winkler, Gheorghe Falcă, Eva Maydell, Mircea-Gheorghe Hava, Dan-Ştefan Motreanu, Siegfried Mureşan, Radan Kanev, Daniel Buda, Andrea Wechsler
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Following the discussions in the Groups, the Commission may request the ENTSO for Electricity or the ENNOH to provide a common cost-benefit analysis for the proposed bundles of two or more projects on the Union list. The common cost-benefit analysis shall be consistent with the central scenario and sensitivities referred to under Article 11, and the methodology drawn up pursuant to Article 15. The ENTSO for Electricity or the ENNOH shall provide the common cost-benefit analysis within 2 months of the request to the Commission. | 3. Following the discussions in the Groups, the Commission may request the ENTSO for Electricity, the ENTSO for Gas or the ENNOH to provide a common cost-benefit analysis for the proposed bundles of two or more projects on the Union list. The common cost-benefit analysis shall be consistent with the initial scenario and sensitivities referred to under Article 11, and the methodology drawn up pursuant to Article 15. The ENTSO for Electricity, the ENTSO for Gas or the ENNOH shall provide the common cost-benefit analysis within 2 months of the request to the Commission. |
The amendment ensures equal involvement of the ENTSO for Gas in the assessment of bundled projects and clarifies that the potential cost benefit analysis is consistent with the initial scenario.
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Following the discussions in the Groups, the Commission may request the ENTSO for Electricity or the ENNOH to provide a common cost-benefit analysis for the proposed bundles of two or more projects on the Union list. The common cost-benefit analysis shall be consistent with the central scenario and sensitivities referred to under Article 11, and the methodology drawn up pursuant to Article 15. The ENTSO for Electricity or the ENNOH shall provide the common cost-benefit analysis within 2 months of the request to the Commission. | 3. Following the discussions in the Groups, the Commission may request the ENTSO for Electricity or the ENNOH to provide a common cost-benefit analysis for the proposed bundles of two or more projects on the Union list. The common cost-benefit analysis shall be consistent with the scenarios and sensitivities referred to under Article 11, and the methodology drawn up pursuant to Article 15. The ENTSO for Electricity or the ENNOH shall provide the common cost-benefit analysis within 2 months of the request to the Commission. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 19 | deleted |
| Ring-fenced congestion income for projects on the Union list | |
| 1. TSOs shall set aside 25 % of the congestion rents not spent for guaranteeing the actual availability of the allocated capacity pursuant to Article 19(2), point (a), of Regulation (EU) 2019/943 and for compensation to offshore renewable electricity generation plant operators pursuant to Article 19(2), point (c), of Regulation (EU) 2019/943, for network investments into projects on the Union list relevant to reducing interconnector congestion pursuant Article 19(2), point (b), of Regulation (EU) 2019/943. | |
| 2. TSOs shall place the funds referred to in point 1 of this Article on a separate account line until it can be spent for financing projects on the Union list relevant to reducing interconnector congestion, or until they have demonstrated that the priority objectives set out in Article 19(2), point (b), of Regulation (EU) 2019/943 have been adequately fulfilled and there is no need for additional cross-border capacity to be built at the borders of the Member States concerned to reduce interconnector congestion. | |
| 3. The use of the funds referred to in paragraph 1 shall: | |
| (a) address the financing gap of projects on the Union list which have significant benefits outside their hosting countries, taking due account of expected tariff financing; | |
| (b) be made transparent in requests for cross-border cost allocation decisions pursuant to Article 17 of this Regulation; | |
| (c) avoid double funding and ensure proportionality, transparency and non-discrimination; | |
| (d) not compromise the fulfilment of the priority objectives under Article 19(2) of Regulation (EU) 2019/943. | |
| 4. The Commission is empowered to adopt delegated acts in accordance with Article 23 of this Regulation to supplement this Regulation by specifying the conditions under which TSOs may use the funds referred to in paragraph 1 of this Article and the conditions under which the objective of Article 19(2), point (b), of Regulation (EU) 2019/943 is considered adequately fulfilled. | |
| 5. Within [6 months] after the entry into force of the delegated acts referred in paragraph 4, the Agency shall update the methodology on the use of revenues from congestion income pursuant to Article 19(4) of Regulation (EU) 2019/943. The updated methodology shall be consistent with paragraphs 1, 2 and 3 of this Article and with the delegated acts adopted pursuant to paragraph 4 of this Article. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 19 | deleted |
| Ring-fenced congestion income for projects on the Union list | |
| 1. TSOs shall set aside 25 % of the congestion rents not spent for guaranteeing the actual availability of the allocated capacity pursuant to Article 19(2), point (a), of Regulation (EU) 2019/943 and for compensation to offshore renewable electricity generation plant operators pursuant to Article 19(2), point (c), of Regulation (EU) 2019/943, for network investments into projects on the Union list relevant to reducing interconnector congestion pursuant Article 19(2), point (b), of Regulation (EU) 2019/943. | |
| 2. TSOs shall place the funds referred to in point 1 of this Article on a separate account line until it can be spent for financing projects on the Union list relevant to reducing interconnector congestion, or until they have demonstrated that the priority objectives set out in Article 19(2), point (b), of Regulation (EU) 2019/943 have been adequately fulfilled and there is no need for additional cross-border capacity to be built at the borders of the Member States concerned to reduce interconnector congestion. | |
| 3. The use of the funds referred to in paragraph 1 shall: | |
| (a) address the financing gap of projects on the Union list which have significant benefits outside their hosting countries, taking due account of expected tariff financing; | |
| (b) be made transparent in requests for cross-border cost allocation decisions pursuant to Article 17 of this Regulation; | |
| (c) avoid double funding and ensure proportionality, transparency and non-discrimination; | |
| (d) not compromise the fulfilment of the priority objectives under Article 19(2) of Regulation (EU) 2019/943. | |
| 4. The Commission is empowered to adopt delegated acts in accordance with Article 23 of this Regulation to supplement this Regulation by specifying the conditions under which TSOs may use the funds referred to in paragraph 1 of this Article and the conditions under which the objective of Article 19(2), point (b), of Regulation (EU) 2019/943 is considered adequately fulfilled. | |
| 5. Within [6 months] after the entry into force of the delegated acts referred in paragraph 4, the Agency shall update the methodology on the use of revenues from congestion income pursuant to Article 19(4) of Regulation (EU) 2019/943. The updated methodology shall be consistent with paragraphs 1, 2 and 3 of this Article and with the delegated acts adopted pursuant to paragraph 4 of this Article. |
This article risks unduly limiting flexibility in the use of national congestion revenues, including for investments essential for congestion reduction that do not have PCI status.
Anna Stürgkh, Andreas Glück, Emma Wiesner, Christophe Grudler, Katri Kulmuni, Sophie Wilmès, Bart Groothuis
| Text proposed by the Commission | Amendment |
|---|---|
| Article 19 | deleted |
| Ring-fenced congestion income for projects on the Union list | |
| 1. TSOs shall set aside 25 % of the congestion rents not spent for guaranteeing the actual availability of the allocated capacity pursuant to Article 19(2), point (a), of Regulation (EU) 2019/943 and for compensation to offshore renewable electricity generation plant operators pursuant to Article 19(2), point (c), of Regulation (EU) 2019/943, for network investments into projects on the Union list relevant to reducing interconnector congestion pursuant Article 19(2), point (b), of Regulation (EU) 2019/943. | |
| 2. TSOs shall place the funds referred to in point 1 of this Article on a separate account line until it can be spent for financing projects on the Union list relevant to reducing interconnector congestion, or until they have demonstrated that the priority objectives set out in Article 19(2), point (b), of Regulation (EU) 2019/943 have been adequately fulfilled and there is no need for additional cross-border capacity to be built at the borders of the Member States concerned to reduce interconnector congestion. | |
| 3. The use of the funds referred to in paragraph 1 shall: | |
| (a) address the financing gap of projects on the Union list which have significant benefits outside their hosting countries, taking due account of expected tariff financing; | |
| (b) be made transparent in requests for cross-border cost allocation decisions pursuant to Article 17 of this Regulation; | |
| (c) avoid double funding and ensure proportionality, transparency and non-discrimination; | |
| (d) not compromise the fulfilment of the priority objectives under Article 19(2) of Regulation (EU) 2019/943. | |
| 4. The Commission is empowered to adopt delegated acts in accordance with Article 23 of this Regulation to supplement this Regulation by specifying the conditions under which TSOs may use the funds referred to in paragraph 1 of this Article and the conditions under which the objective of Article 19(2), point (b), of Regulation (EU) 2019/943 is considered adequately fulfilled. | |
| 5. Within [6 months] after the entry into force of the delegated acts referred in paragraph 4, the Agency shall update the methodology on the use of revenues from congestion income pursuant to Article 19(4) of Regulation (EU) 2019/943. The updated methodology shall be consistent with paragraphs 1, 2 and 3 of this Article and with the delegated acts adopted pursuant to paragraph 4 of this Article. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 19 | deleted |
| Ring-fenced congestion income for projects on the Union list | |
| 1. TSOs shall set aside 25 % of the congestion rents not spent for guaranteeing the actual availability of the allocated capacity pursuant to Article 19(2), point (a), of Regulation (EU) 2019/943 and for compensation to offshore renewable electricity generation plant operators pursuant to Article 19(2), point (c), of Regulation (EU) 2019/943, for network investments into projects on the Union list relevant to reducing interconnector congestion pursuant Article 19(2), point (b), of Regulation (EU) 2019/943. | |
| 2. TSOs shall place the funds referred to in point 1 of this Article on a separate account line until it can be spent for financing projects on the Union list relevant to reducing interconnector congestion, or until they have demonstrated that the priority objectives set out in Article 19(2), point (b), of Regulation (EU) 2019/943 have been adequately fulfilled and there is no need for additional cross-border capacity to be built at the borders of the Member States concerned to reduce interconnector congestion. | |
| 3. The use of the funds referred to in paragraph 1 shall: | |
| (a) address the financing gap of projects on the Union list which have significant benefits outside their hosting countries, taking due account of expected tariff financing; | |
| (b) be made transparent in requests for cross-border cost allocation decisions pursuant to Article 17 of this Regulation; | |
| (c) avoid double funding and ensure proportionality, transparency and non-discrimination; | |
| (d) not compromise the fulfilment of the priority objectives under Article 19(2) of Regulation (EU) 2019/943. | |
| 4. The Commission is empowered to adopt delegated acts in accordance with Article 23 of this Regulation to supplement this Regulation by specifying the conditions under which TSOs may use the funds referred to in paragraph 1 of this Article and the conditions under which the objective of Article 19(2), point (b), of Regulation (EU) 2019/943 is considered adequately fulfilled. | |
| 5. Within [6 months] after the entry into force of the delegated acts referred in paragraph 4, the Agency shall update the methodology on the use of revenues from congestion income pursuant to Article 19(4) of Regulation (EU) 2019/943. The updated methodology shall be consistent with paragraphs 1, 2 and 3 of this Article and with the delegated acts adopted pursuant to paragraph 4 of this Article. |
The EC proposal risks limiting the ability of national regulatory authorities and transmission system operators (TSOs) to determine the most efficient use of congestion‑related revenues within their own systems, thereby preventing the optimal allocation of these resources at national level.Currently, congestion revenues are already directed —under the full supervision of national regulatory authorities— towards purposes that maximise consumer welfare and system efficiency in each Member State, such as tariff mitigation, ensuring the availability of allocated capacity, or supporting network development where it is most needed. Imposing a specific earmarking at European level, even if only for a share of these revenues, would create a top‑down constraint for TSOs and risk preventing them from using congestion revenues in ways that deliver the highest value for their national grids and consumers.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 19 | deleted |
| Ring-fenced congestion income for projects on the Union list | |
| 1. TSOs shall set aside 25 % of the congestion rents not spent for guaranteeing the actual availability of the allocated capacity pursuant to Article 19(2), point (a), of Regulation (EU) 2019/943 and for compensation to offshore renewable electricity generation plant operators pursuant to Article 19(2), point (c), of Regulation (EU) 2019/943, for network investments into projects on the Union list relevant to reducing interconnector congestion pursuant Article 19(2), point (b), of Regulation (EU) 2019/943. | |
| 2. TSOs shall place the funds referred to in point 1 of this Article on a separate account line until it can be spent for financing projects on the Union list relevant to reducing interconnector congestion, or until they have demonstrated that the priority objectives set out in Article 19(2), point (b), of Regulation (EU) 2019/943 have been adequately fulfilled and there is no need for additional cross-border capacity to be built at the borders of the Member States concerned to reduce interconnector congestion. | |
| 3. The use of the funds referred to in paragraph 1 shall: | |
| (a) address the financing gap of projects on the Union list which have significant benefits outside their hosting countries, taking due account of expected tariff financing; | |
| (b) be made transparent in requests for cross-border cost allocation decisions pursuant to Article 17 of this Regulation; | |
| (c) avoid double funding and ensure proportionality, transparency and non-discrimination; | |
| (d) not compromise the fulfilment of the priority objectives under Article 19(2) of Regulation (EU) 2019/943. | |
| 4. The Commission is empowered to adopt delegated acts in accordance with Article 23 of this Regulation to supplement this Regulation by specifying the conditions under which TSOs may use the funds referred to in paragraph 1 of this Article and the conditions under which the objective of Article 19(2), point (b), of Regulation (EU) 2019/943 is considered adequately fulfilled. | |
| 5. Within [6 months] after the entry into force of the delegated acts referred in paragraph 4, the Agency shall update the methodology on the use of revenues from congestion income pursuant to Article 19(4) of Regulation (EU) 2019/943. The updated methodology shall be consistent with paragraphs 1, 2 and 3 of this Article and with the delegated acts adopted pursuant to paragraph 4 of this Article. |
Decisions on the use of congestion income should continue to be taken at national level. The current model, under which the national regulatory authority decides on the allocation of such revenues, works. Introducing a fixed percentage requirement could unnecessarily restrict the discretion of national regulators, particularly given that congestion income may vary significantly from year to year.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 19 | deleted |
| Ring-fenced congestion income for projects on the Union list | |
| 1. TSOs shall set aside 25 % of the congestion rents not spent for guaranteeing the actual availability of the allocated capacity pursuant to Article 19(2), point (a), of Regulation (EU) 2019/943 and for compensation to offshore renewable electricity generation plant operators pursuant to Article 19(2), point (c), of Regulation (EU) 2019/943, for network investments into projects on the Union list relevant to reducing interconnector congestion pursuant Article 19(2), point (b), of Regulation (EU) 2019/943. | |
| 2. TSOs shall place the funds referred to in point 1 of this Article on a separate account line until it can be spent for financing projects on the Union list relevant to reducing interconnector congestion, or until they have demonstrated that the priority objectives set out in Article 19(2), point (b), of Regulation (EU) 2019/943 have been adequately fulfilled and there is no need for additional cross-border capacity to be built at the borders of the Member States concerned to reduce interconnector congestion. | |
| 3. The use of the funds referred to in paragraph 1 shall: | |
| (a) address the financing gap of projects on the Union list which have significant benefits outside their hosting countries, taking due account of expected tariff financing; | |
| (b) be made transparent in requests for cross-border cost allocation decisions pursuant to Article 17 of this Regulation; | |
| (c) avoid double funding and ensure proportionality, transparency and non-discrimination; | |
| (d) not compromise the fulfilment of the priority objectives under Article 19(2) of Regulation (EU) 2019/943. | |
| 4. The Commission is empowered to adopt delegated acts in accordance with Article 23 of this Regulation to supplement this Regulation by specifying the conditions under which TSOs may use the funds referred to in paragraph 1 of this Article and the conditions under which the objective of Article 19(2), point (b), of Regulation (EU) 2019/943 is considered adequately fulfilled. | |
| 5. Within [6 months] after the entry into force of the delegated acts referred in paragraph 4, the Agency shall update the methodology on the use of revenues from congestion income pursuant to Article 19(4) of Regulation (EU) 2019/943. The updated methodology shall be consistent with paragraphs 1, 2 and 3 of this Article and with the delegated acts adopted pursuant to paragraph 4 of this Article. |
András Gyürk, Jorge Martín Frías, Aleksandar Nikolic, Julie Rechagneux, Mélanie Disdier, Ewa Zajączkowska-Hernik
| Text proposed by the Commission | Amendment |
|---|---|
| Article 19 | deleted |
| Ring-fenced congestion income for projects on the Union list | |
| 1. TSOs shall set aside 25 % of the congestion rents not spent for guaranteeing the actual availability of the allocated capacity pursuant to Article 19(2), point (a), of Regulation (EU) 2019/943 and for compensation to offshore renewable electricity generation plant operators pursuant to Article 19(2), point (c), of Regulation (EU) 2019/943, for network investments into projects on the Union list relevant to reducing interconnector congestion pursuant Article 19(2), point (b), of Regulation (EU) 2019/943. | |
| 2. TSOs shall place the funds referred to in point 1 of this Article on a separate account line until it can be spent for financing projects on the Union list relevant to reducing interconnector congestion, or until they have demonstrated that the priority objectives set out in Article 19(2), point (b), of Regulation (EU) 2019/943 have been adequately fulfilled and there is no need for additional cross-border capacity to be built at the borders of the Member States concerned to reduce interconnector congestion. | |
| 3. The use of the funds referred to in paragraph 1 shall: | |
| (a) address the financing gap of projects on the Union list which have significant benefits outside their hosting countries, taking due account of expected tariff financing; | |
| (b) be made transparent in requests for cross-border cost allocation decisions pursuant to Article 17 of this Regulation; | |
| (c) avoid double funding and ensure proportionality, transparency and non-discrimination; | |
| (d) not compromise the fulfilment of the priority objectives under Article 19(2) of Regulation (EU) 2019/943. | |
| 4. The Commission is empowered to adopt delegated acts in accordance with Article 23 of this Regulation to supplement this Regulation by specifying the conditions under which TSOs may use the funds referred to in paragraph 1 of this Article and the conditions under which the objective of Article 19(2), point (b), of Regulation (EU) 2019/943 is considered adequately fulfilled. | |
| 5. Within [6 months] after the entry into force of the delegated acts referred in paragraph 4, the Agency shall update the methodology on the use of revenues from congestion income pursuant to Article 19(4) of Regulation (EU) 2019/943. The updated methodology shall be consistent with paragraphs 1, 2 and 3 of this Article and with the delegated acts adopted pursuant to paragraph 4 of this Article. |
This would limit the flexibility of the TSO and the national regulatory authority to allocate revenues to address issues arising immediately within their own network (e.g. tariff reductions, capacity expansion, maintenance needs, etc.). As a result, consumer charges could increase significantly, while part of the revenues would be redirected to external projects outside the Member State concerned
| Text proposed by the Commission | Amendment |
|---|---|
| Article 19 | deleted |
| Ring-fenced congestion income for projects on the Union list | |
| 1. TSOs shall set aside 25 % of the congestion rents not spent for guaranteeing the actual availability of the allocated capacity pursuant to Article 19(2), point (a), of Regulation (EU) 2019/943 and for compensation to offshore renewable electricity generation plant operators pursuant to Article 19(2), point (c), of Regulation (EU) 2019/943, for network investments into projects on the Union list relevant to reducing interconnector congestion pursuant Article 19(2), point (b), of Regulation (EU) 2019/943. | |
| 2. TSOs shall place the funds referred to in point 1 of this Article on a separate account line until it can be spent for financing projects on the Union list relevant to reducing interconnector congestion, or until they have demonstrated that the priority objectives set out in Article 19(2), point (b), of Regulation (EU) 2019/943 have been adequately fulfilled and there is no need for additional cross-border capacity to be built at the borders of the Member States concerned to reduce interconnector congestion. | |
| 3. The use of the funds referred to in paragraph 1 shall: | |
| (a) address the financing gap of projects on the Union list which have significant benefits outside their hosting countries, taking due account of expected tariff financing; | |
| (b) be made transparent in requests for cross-border cost allocation decisions pursuant to Article 17 of this Regulation; | |
| (c) avoid double funding and ensure proportionality, transparency and non-discrimination; | |
| (d) not compromise the fulfilment of the priority objectives under Article 19(2) of Regulation (EU) 2019/943. | |
| 4. The Commission is empowered to adopt delegated acts in accordance with Article 23 of this Regulation to supplement this Regulation by specifying the conditions under which TSOs may use the funds referred to in paragraph 1 of this Article and the conditions under which the objective of Article 19(2), point (b), of Regulation (EU) 2019/943 is considered adequately fulfilled. | |
| 5. Within [6 months] after the entry into force of the delegated acts referred in paragraph 4, the Agency shall update the methodology on the use of revenues from congestion income pursuant to Article 19(4) of Regulation (EU) 2019/943. The updated methodology shall be consistent with paragraphs 1, 2 and 3 of this Article and with the delegated acts adopted pursuant to paragraph 4 of this Article. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 19 | deleted |
| Ring-fenced congestion income for projects on the Union list | |
| 1. TSOs shall set aside 25 % of the congestion rents not spent for guaranteeing the actual availability of the allocated capacity pursuant to Article 19(2), point (a), of Regulation (EU) 2019/943 and for compensation to offshore renewable electricity generation plant operators pursuant to Article 19(2), point (c), of Regulation (EU) 2019/943, for network investments into projects on the Union list relevant to reducing interconnector congestion pursuant Article 19(2), point (b), of Regulation (EU) 2019/943. | |
| 2. TSOs shall place the funds referred to in point 1 of this Article on a separate account line until it can be spent for financing projects on the Union list relevant to reducing interconnector congestion, or until they have demonstrated that the priority objectives set out in Article 19(2), point (b), of Regulation (EU) 2019/943 have been adequately fulfilled and there is no need for additional cross-border capacity to be built at the borders of the Member States concerned to reduce interconnector congestion. | |
| 3. The use of the funds referred to in paragraph 1 shall: | |
| (a) address the financing gap of projects on the Union list which have significant benefits outside their hosting countries, taking due account of expected tariff financing; | |
| (b) be made transparent in requests for cross-border cost allocation decisions pursuant to Article 17 of this Regulation; | |
| (c) avoid double funding and ensure proportionality, transparency and non-discrimination; | |
| (d) not compromise the fulfilment of the priority objectives under Article 19(2) of Regulation (EU) 2019/943. | |
| 4. The Commission is empowered to adopt delegated acts in accordance with Article 23 of this Regulation to supplement this Regulation by specifying the conditions under which TSOs may use the funds referred to in paragraph 1 of this Article and the conditions under which the objective of Article 19(2), point (b), of Regulation (EU) 2019/943 is considered adequately fulfilled. | |
| 5. Within [6 months] after the entry into force of the delegated acts referred in paragraph 4, the Agency shall update the methodology on the use of revenues from congestion income pursuant to Article 19(4) of Regulation (EU) 2019/943. The updated methodology shall be consistent with paragraphs 1, 2 and 3 of this Article and with the delegated acts adopted pursuant to paragraph 4 of this Article. |
| Text proposed by the Commission | Amendment |
|---|---|
| Ring-fenced congestion income for projects on the Union list | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Ring-fenced congestion income for projects on the Union list | Ring-fenced congestion income for electricity projects on the Union list |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. TSOs shall set aside 25 % of the congestion rents not spent for guaranteeing the actual availability of the allocated capacity pursuant to Article 19(2), point (a), of Regulation (EU) 2019/943 and for compensation to offshore renewable electricity generation plant operators pursuant to Article 19(2), point (c), of Regulation (EU) 2019/943, for network investments into projects on the Union list relevant to reducing interconnector congestion pursuant Article 19(2), point (b), of Regulation (EU) 2019/943. | 1. TSOs shall set aside 25 % of the congestion rents which have not been spent for guaranteeing the actual availability of the allocated capacity pursuant to Article 19(2), point (a), of Regulation (EU) 2019/943. These set-aside funds shall be used for network investments into projects on the Union list relevant to reducing interconnector congestion pursuant Article 19(2), point (b), of Regulation (EU) 2019/943. This ring-fencing is without prejudice to the competencies of national regulatory authorities regarding the use of congestion income pursuant to Article 19 of the Regulation (EU) 2019/943. Congestion rents arising from internal bidding zone borders within a Member State shall not be subject to the obligations laid down in paragraph 1, unless there are network investment needs eligible for PCI status that would reduce the level of congestion at internal borders and for which the ring-fenced funds may be used. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. TSOs shall set aside 25 % of the congestion rents not spent for guaranteeing the actual availability of the allocated capacity pursuant to Article 19(2), point (a), of Regulation (EU) 2019/943 and for compensation to offshore renewable electricity generation plant operators pursuant to Article 19(2), point (c), of Regulation (EU) 2019/943, for network investments into projects on the Union list relevant to reducing interconnector congestion pursuant Article 19(2), point (b), of Regulation (EU) 2019/943. | 1. TSOs shall set aside 25 % of the congestion rents not spent for guaranteeing the actual availability of the allocated capacity pursuant to Article 19(2), point (a), of Regulation (EU) 2019/943 and for compensation to offshore renewable electricity generation plant operators pursuant to Article 19(2), point (c), of Regulation (EU) 2019/943. These set-aside funds shall be used for network investments into projects on the Union list relevant to reducing interconnector congestion pursuant Article 19(2), point (b), of Regulation (EU) 2019/943. Congestion rents arising from internal bidding zone borders within a Member State shall not be subject to the obligations laid down in paragraph 1, unless there are network investments needs eligible for PCI status that would reduce the level of congestion at internal borders and for which the set aside funds may be used. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. TSOs shall set aside 25 % of the congestion rents not spent for guaranteeing the actual availability of the allocated capacity pursuant to Article 19(2), point (a), of Regulation (EU) 2019/943 and for compensation to offshore renewable electricity generation plant operators pursuant to Article 19(2), point (c), of Regulation (EU) 2019/943, for network investments into projects on the Union list relevant to reducing interconnector congestion pursuant Article 19(2), point (b), of Regulation (EU) 2019/943. | 1. TSOs shall set aside 25 % of the annual congestion income generated on Member States' borders not spent for guaranteeing the actual availability of the allocated capacity pursuant to Article 19(2), point (a), of Regulation (EU) 2019/943, and for compensation to offshore renewable electricity generation plant operators pursuant to Article 19(2), point (c), of Regulation (EU) 2019/943, for reducing network costs for final electricity consumers pursuant to Article 19(2) of Regulation (EU) 2019/943. These set-aside funds shall be used for network investments into projects on the Union list relevant to reducing interconnector congestion pursuant Article 19(2), point (b), of Regulation (EU) 2019/943. Funds already allocated to the separate internal account line before the entry intto force of this Regulation shall be considered out of scope of this Article. |
Member states should be able to use congestion income for reducing network tariffs on par with other priority objectives, as network charges are becoming an increasingly important element of the electricity bills for final consumers.National competence should be respected in the allocation of income. Point (b) appears to apply only after allocating 25% of congestion rents, increasing the fund size and conflicting with Regulation (EU) 2019/943 Article 19(2), which requires equal treatment of priority objectives. The provision is ambiguous. It should be specified that congestion rents remain within the electricity sector and the Member State of origin, subject to NRA approval. Amounts previously saved by TSOs should be excluded from the scope of Article 19.
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Cite as
European Parliament (2026). “AMENDMENTS 829 - 1107 - Draft report Guidelines for trans-European energy infrastructure, amending Regulations (EU) 2019/942, (EU) 2019/943 and (EU) 2024/1789 and repealing Regulation (EU) 2022/869”. Text, 19 May 2026. docId ITRE-AM-788939. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/ITRE-AM-788939 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/ITRE-AM-788939 (CC BY 4.0).
BibTeX
@misc{epw-text-itre-am-788939,
author = {{European Parliament}},
title = {{AMENDMENTS 829 - 1107 - Draft report Guidelines for trans-European energy infrastructure, amending Regulations (EU) 2019/942, (EU) 2019/943 and (EU) 2024/1789 and repealing Regulation (EU) 2022/869}},
year = {2026},
date = {2026-05-19},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/ITRE-AM-788939}},
url = {https://news.eu-parl.st-solutions.dev/texts/ITRE-AM-788939},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId ITRE-AM-788939. Data: EP Open Data API: document record (CC BY 4.0)}
}