Changes from report parliamentary committee draft to plenary report

Added9. Where the regulatory authority has made use of its powers under paragraph 8, point (b), it may oblige the transmission system operator to agree to one or more of the following:

Added(a) financing by any third party;

Added(b) construction by any third party;

Added(c) building the new assets concerned itself;

Added(d) operating the new asset concerned itself.

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

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

Added10. Where the regulatory authority has made use of its powers under paragraph 8, the relevant tariff regulations shall cover the costs of the investments in question.’;

Added(4) Article 51 is deleted.

Added(5) in Article 59(1), the following points are inserted:

Added‘(bb) approving and requesting the amendment of the ten-year network development plans referred to in Article 40a.

Added‘(bba) ensuring that system operators are provided with efficient financial incentives to meet the obligations and objectives set out by this Directive, in particular with respect to the interests of parties seeking network connections, including, but not limited to, the facilitation and maximisation of connections for generators and consumers.’

AddedDirective (EU) 2024/1788 is amended as follows:

Added(1) Article 8 is amended as follows:

Added(a) paragraph 1 is replaced by the following:

Added‘1. In circumstances where an authorisation, such as a licence, permission, concession, consent or approval, is required for the construction or operation of natural gas facilities, hydrogen production facilities, and hydrogen system infrastructure, Member States or any competent authority they designate, shall grant authorisations to build or operate such facilities, infrastructure, pipelines or associated equipment within their territory, in accordance with paragraphs 2 to 11 and paragraph 16. Member States or any competent authority they designate, may also grant authorisations on the same basis for the supply of natural gas and hydrogen and for wholesale customers.’;

Added(b) the following paragraphs 5a to 5da are inserted:

Added‘5a. Member States shall ensure that, where any studies, reports, or documentation required for the procedure are missing from the applications, the competent national authorities, in cooperation with other relevant authorities concerned, request the necessary materials from the developer, specifying their scope and level of detail, within three months of the application.

AddedAfter that period, neither the competent authority nor any other relevant authority concerned shall request additional information, studies, reports, or assessments, except in cases where a material change has occurred to the project or its surrounding environment, rendering the initial criteria on which determinations were based no longer appropriate. In such instances, the national competent authority shall provide the project promoter with a well-reasoned justification for the request for additional information.

Added5b. Member States shall ensure that competent national authorities are equipped with adequate technical, financial and human resources to render a decision on the authorisation within the timeframe specified in paragraph 5.

AddedTo that end, Member States shall identify capacity and staffing needs in authorities responsible for electricity grid planning and permitting, including relevant national, regional and local authorities, and shall take appropriate measures to address any gaps identified, including through targeted recruitment and the upskilling and reskilling of staff.

AddedThe Commission shall evaluate the progress made by Member States and publish its evaluation. In the absence of progress, the Commission may propose corrective measures to support Member States in their implementation by assisting them in reforming and streamlining their permitting procedures.

Added5c. In the authorisation procedure referred to in paragraph 1 concerning hydrogen production facilities and hydrogen system infrastructure, Member States shall ensure that the lack of reply by the relevant competent national authorities within the deadline referred to in paragraph 5 results in the specific steps to be considered as approved, except for the environmental decisions and where the principle of administrative tacit approval is not recognised in the national legal system of the Member State concerned.

Added5d. All decisions shall be made publicly available, including final decisions granted tacitly following the lack of reply by the relevant competent authorities.

Added5da. The planning, construction and operation of hydrogen system infrastructure shall be presumed to contribute to a long-term reduction of nitrogen emissions and shall not require an assessment of nitrogen emissions in an assessment that may be carried out to comply with Article 6 of Council Directive 92/43/EEC.’;

Added(c) in paragraph 8, the following subparagraph is added:

Added‘The contact points may be the same as the national competent authorities referred to in Article 8 of Regulation (EU) 2022/869, or the contact points defined under Article 16 of Directive (EU) 2018/2001.’;

Added(d) the following paragraph 16 is added:

Added‘16. To manage authorisations within the meaning of paragraph 1 of this Article, Member States shall ensure the digital platforms are in place to handle applications, the associated process, and ongoing decision. Those platforms shall provide access to the relevant environmental and geological data and decisions available in the central online portal referred to in Article 10(3)▌.

Added1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [one year after its adoption] ▌. They shall forthwith communicate to the Commission the text of those provisions.

AddedWhen Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Added2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

AddedThis Directive shall enter into force on the day of its publication in the Official Journal of the European Union.

AddedThis Directive is addressed to the Member States.

AddedDone at Brussels,

AddedFor the European Parliament For the Council

AddedThe President The President