Changes from report parliamentary committee draft to plenary report

Added(c) energy purchases or sales necessary for the operation of the transmission system.

Added9. The compliance officer shall monitor the compliance of the transmission system operator with Article 36.

Added10. The compliance officer shall have access to all relevant data and to the offices of the transmission system operator and to all the information necessary for the fulfilment of his task.

Added11. After prior approval by the regulatory authority, the Supervisory Body may dismiss the compliance officer. It shall dismiss the compliance officer for reasons of lack of independence or professional capacity upon request of the regulatory authority.

Added12. The compliance officer shall have access to the offices of the transmission system operator without prior announcement.

AddedUnbundling of dedicated hydrogen network operators

Added1. Member States shall ensure that from ... [end of transposition period+1year] hydrogen transmission network operators are unbundled in accordance with the rules for natural gas transmission system operators set out in Article 54(1) to (3).

Added2. For the purpose of this Article, of Articles 42 and 54 of this Directive, and of Articles 35 and 43 of Directive (EU) 2019/944, ‘production or supply’ shall include production and supply of hydrogen, and ‘transmission’ shall include transport of hydrogen through a network which mainly contains high-pressure pipelines.

Added3. Where on ... [date of entry into force of this Directive] the hydrogen network belonged to a vertically integrated undertaking, a Member State may decide not to apply paragraph 1. In such a case, the Member State concerned shall designate an independent hydrogen transmission network operator unbundled in accordance with the rules on independent system operators for natural gas set out Article 55. Hydrogen transmission network operators and transmission system operators for gas unbundled in accordance with Article 54(1) can act as independent hydrogen transmission network operator ▌.

Added4. ▌ Member State may designate an integrated hydrogen transmission network operator unbundled in accordance with the rules on independent transmission operators for natural gas set out in Section 3, independently from the unbundling models adopted in natural gas and electricity sectors by Member States before ... [the date of entry into force of this Directive] and without prejudice to those models. Section 3 shall only apply in relation to the parts of the vertically integrated undertaking other than natural gas or electricity transmission system operator or distribution system operator.

Added5. The rules applicable to transmission system operators set out in Articles 65 and 66 shall apply to hydrogen transmission network operators.

Added▌

AddedMember States shall ensure that the accounts of hydrogen network operators are kept in accordance with Article 69.

AddedDESIGNATION AND CERTIFICATION OF NATURAL GAS AND HYDROGEN NETWORK OPERATORS

AddedArticle 65 Designation and certification of transmission system operators and hydrogen network operators

Added1. Before an undertaking is approved and designated as transmission system operator or hydrogen network operator, it shall be certified according to the procedures laid down in paragraphs 4, 5 and 6 of this Article and in Article 13 of [recast Gas Regulation proposed by COM(2021) xxx].

Added2. Undertakings which have been certified by the regulatory authority as having complied with the requirements of Article 54 or 62, pursuant to the certification procedure, shall be approved and designated as transmission system operators or hydrogen network operators by Member States. The designation of transmission system operators and hydrogen network operators shall be notified to the Commission and published in the Official Journal of the European Union.

Added3. Certified undertakings shall notify to the regulatory authority any planned transaction which may require a reassessment of their compliance with the requirements of Article 54 or Article 62.

Added4. The regulatory authorities shall monitor the continuing compliance of certified undertakings with the requirements of Article 54 or Article 62. They shall open a certification procedure to ensure such compliance:

Added(a) upon notification by the of certified undertaking pursuant to paragraph 3;

Added(b) on their own initiative where they have knowledge that a planned change in rights or influence over certified undertakings or transmission system owners may lead to an infringement of Article 54 or Article 62 or where they have reason to believe that such an infringement may have occurred; or

Added(c) upon a reasoned request from the Commission.

Added5. The regulatory authorities shall adopt a decision on the certification of a natural gas transmission system operator or a hydrogen network operator within 100 working days from the date of the notification by the natural gas transmission system operator or the hydrogen network operator or from the date of the Commission request. After expiry of that period, the certification shall be deemed to be granted. The explicit or tacit decision of the regulatory authority shall become effective only after the conclusion of the procedure set out in paragraph 6.

Added6. The explicit or tacit decision on the certification shall be notified without delay to the Commission by the regulatory authority, together with all the relevant information with respect to that decision. The Commission shall act in accordance with the procedure laid down in Article 13 of [recast Gas Regulation proposed by COM(2021) xxx].

Added7. The regulatory authorities and the Commission may request from transmission system operators, hydrogen network operators and undertakings performing any of the functions of production or supply any information relevant for the fulfilment of their tasks under this Article.

Added8. The regulatory authorities and the Commission shall preserve the confidentiality of commercially sensitive information.

Added1. Where certification is requested by a transmission system owner, a transmission system operator, a hydrogen network operator or a hydrogen network owner which is controlled by a person or persons from a third country or third countries, the regulatory authority shall notify the Commission.

AddedThe regulatory authority shall also notify to the Commission without delay any circumstances that would result in a person or persons from a third country or third countries acquiring control of a transmission system, a transmission system operator, a hydrogen network or a hydrogen network operator.

Added2. The transmission system operator or hydrogen network operator shall notify to the regulatory authority any circumstances that would result in a person or persons from a third country or third countries acquiring control of the transmission system or the transmission system operator or of the hydrogen network or the hydrogen network operator.

Added3. The regulatory authority shall adopt a draft decision on the certification of a transmission system operator or hydrogen network operator within 100 working days from the date of notification by the transmission system operator or hydrogen network operator. It shall refuse the certification if it has not been demonstrated:

Added(a) that the entity concerned complies with the requirements of Article 54 or Article 62; and

Added(b) to the regulatory authority or to another competent authority designated by the Member State that granting certification will not put at risk the security of energy supply of the Member State or the Union. In considering that question the regulatory authority or other competent authority so designated shall take into account:

Added(i) the rights and obligations of the Union with respect to that third country arising under international law, including any agreement concluded with one or more third countries to which the Union is a party and which addresses the issues of security of energy supply;

Added(ii) the rights and obligations of the Member State with respect to that third country arising under agreements concluded with it, insofar as they are in compliance with Union law;

Added(iia) evidence of that third country’s implementation of its obligations as energy supplier in a fair, transparent, credible and unbiased manner, and any Union-wide penalties imposed on that third country;

Added(iii) other specific facts and circumstances of the case and the third country concerned.

Added4. The regulatory authority shall notify the decision to the Commission without delay, together with all the relevant information with respect to that decision.

Added5. Member States shall provide for the regulatory authority or the designated competent authority referred to in paragraph 3, point (b), before the regulatory authority adopts a decision on the certification, to request an opinion from the Commission on whether:

Added(a) the entity concerned complies with the requirements of Article 54 or Article 62; and

Added(b) granting certification will not put at risk the security of energy supply to the Union.

Added6. The Commission shall examine the request referred to in paragraph 5 as soon as it is received. Within a period of 50 working days after receiving the request, it shall deliver its opinion to the regulatory authority or, if the request was made by the designated competent authority, to that authority.

AddedIn preparing the opinion, the Commission may request the views of ACER, the Member State concerned, and interested parties. In the event that the Commission makes such a request, the 50 working days period shall be extended by further 50 working days.

AddedIn the absence of an opinion by the Commission within the period referred to in the first and second subparagraphs, the Commission is deemed not to raise objections to the decision of the regulatory authority.

Added7. When assessing whether the control by a person or persons from a third country or third countries will put at risk the security of energy supply to the Union, the Commission shall take into account:

Added(a) the specific facts of the case and the third country or third countries concerned, including evidence of that third country’s implementation of its obligations as energy supplier in a fair, transparent, credible and unbiased manner, and of any Union-wide penalties imposed on that third country; and

Added(b) the rights and obligations of the Union with respect to that third country or third countries arising under international law, including an agreement concluded with one or more third countries to which the Union is a party and which addresses the issues of security of supply.

Added8. The regulatory authority shall, within a period of 50 working days after the expiry of the period referred to in paragraph 6, adopt its final decision on the certification. In adopting its final decision the regulatory authority shall take utmost account of the Commission’s opinion. In any event Member States shall have the right to refuse certification where granting certification puts at risk the Member State’s security of energy supply or the security of energy supply of another Member State. Where the Member State has designated another competent authority to assess paragraph 3, point (b), it may require the regulatory authority to adopt its final decision in accordance with the assessment of that competent authority. The regulatory authority’s final decision and the Commission’s opinion shall be published together. Where the final decision diverges from the Commission’s opinion, the Member State concerned shall provide and publish, together with that decision, the reasoning underlying such decision.

Added9. Nothing in this Article shall affect the right of Member States to exercise, in compliance with Union law, national legal controls to protect legitimate public security interests.

Added10. The Commission is empowered to adopt delegated acts in accordance with Article 83 in order to provide guidelines setting out the details of the procedure to be followed for the application of this Article.

AddedArticle 67 Designation of operators of natural gas storage, hydrogen storage, LNG facilities and hydrogen terminals

AddedMember States shall designate, or shall require undertakings which own natural gas storage, hydrogen storage, LNG facilities and hydrogen terminals to designate, for a period of time to be determined by Member States, having regard to considerations of efficiency and economic balance, one or more operators for these infrastructure.

AddedUnbundling and transparency of accounts

Added1. Member States or any competent authority they designate, including the regulatory authorities referred to in Article 70(1) and the dispute settlement authorities referred to in Article 24(3), shall, insofar as necessary to carry out their functions, have right of access to the accounts of natural gas and hydrogen undertakings as set out in Article 71.

Added2. Member States and any designated competent authority, including the regulatory authorities referred to in Article 70(1) and the dispute settlement authorities, shall preserve the confidentiality of commercially sensitive information. Member States may provide for the disclosure of such information where this is necessary in order for the competent authorities to carry out their functions.

Added1. Member States shall take the necessary steps to ensure that the accounts of natural gas and hydrogen undertakings are kept in accordance with paragraphs 2 to 5.

Added2. Natural gas and hydrogen undertakings, whatever their system of ownership or legal form, shall draw up, submit to audit and publish their annual accounts in accordance with the rules of national law concerning the annual accounts of limited liability companies adopted pursuant to Directive 2013/34/EU of the European Parliament and of the Council.

AddedUndertakings which are not legally obliged to publish their annual accounts shall keep a copy thereof at the disposal of the public at their head office.

Added3. Undertakings shall, in their internal accounting, keep separate accounts for each of their transmission, distribution, LNG, hydrogen terminal, natural gas and hydrogen storage and hydrogen transport activities as they would be required to do if the activities in question were carried out by separate undertakings, with a view to avoiding discrimination, cross-subsidisation and distortion of competition. Infrastructure assets of the undertakings shall be clearly allocated to the respective accounts and regulatory asset bases separately for natural gas, electricity or hydrogen assets and shall be made transparent. They shall also keep accounts, which may be consolidated, for other activities not relating to transmission, distribution, LNG, hydrogen terminal, natural gas and hydrogen storage and hydrogen transport activities. Revenue from ownership of the transmission, distribution or hydrogen network shall be specified in the accounts. Where appropriate, they shall keep consolidated accounts for other, non-gas activities. The internal accounts shall include a balance sheet and a profit and loss account for each activity. The separation of accounts shall be audited in accordance with the rules laid down in paragraph 2 and reported to the regulatory authority concerned.

Added4. The audit referred to in paragraph 2 shall, in particular, verify that the obligation to avoid discrimination and cross-subsidies referred to in paragraph 3 is respected. Without prejudice to Article 4 of Regulation [recast Gas Regulation as proposed in COM(2021)xxx], there shall be no cross-subsidisation between current gas grid users and the users of the future hydrogen network.

Added5. Undertakings shall specify in their internal accounting the rules for the allocation of assets and liabilities, expenditure and income as well as for depreciation, without prejudice to nationally applicable accounting rules, which they follow in drawing up the separate accounts referred to in paragraph 3. Those internal rules may be amended only in exceptional cases. Such amendments shall be mentioned and duly substantiated.