Changes from report parliamentary committee draft to plenary report

Added(9) The participation of national regulatory authorities and the Agency in the Groups shall not jeopardise the fulfilment of their objectives and duties under this Regulation or under Regulation (EU) 2019/942, Articles 77, 78, and 79 of Directive (EU) 2024/1788 and Articles 58, 59 and 60 of Directive (EU) 2019/944.

Added2. PROCESS FOR ESTABLISHING REGIONAL LISTS

Added(1) By 31 October of each year preceding the year in which a new Union list is to be adopted, promoters of a project potentially eligible for selection as a project on the Union list wanting to obtain that status shall submit an application for selection as a project on the Union list to the Group, the national competent authority referred to in Article 8(4) and the Agency, that includes:

Added(a) an assessment of their projects with regard to their contribution to implementing the priorities set out in Annex I;

Added(b) an indication of the relevant project category set out in Annex II;

Added(c) an analysis of the fulfilment of the relevant criteria laid down in Article 4;

Added(d) for projects having reached a sufficient degree of maturity, a cost-benefit analysis, which is consistent with the methodologies pursuant Article 14, and which, for energy infrastructure categories relating to electricity falling under points 1 (a), (b), (c), (d), (f), (h) of Annex II, to hydrogen falling under point 2 of Annex II, and to electrolysers falling under point 3 of Annex II, has been performed by the ENTSO for Electricity or the ENNOH, as applicable, in the framework of the Union-wide ten-year network development plan;

Added(e) information regarding their ultimate beneficiary owners and their internal ownership structure which shall be treated as confidential by the Commission and the members of the high-level decision-making body at duly justified request by the project promoters, in case of business secrets/commercial information;

Added(f) for projects of mutual interest, project specific non-binding agreements between or letters of support from the governments of the directly affected countries expressing their explicit support for the project and, for the third country, confirming their explicit commitment to complying with a similar timeline for accelerated implementation and other policy and regulatory support measures as applies to projects of common interest in the Union pursuant to Article 4(2), point (f), and, for energy infrastructure categories relating to electricity falling under points 1(a), (d) or (h), a preliminary grid security and stability study from the transmission system operators confirming that the project can be fully integrated into the electricity networks of the countries concerned;

Added(g) any other relevant information for the evaluation of the project.

Added(2) Projects on the Union list that have demonstrated sufficient project maturity, such as by obtaining regulatory approval or completing the environmental impact assessments required under applicable Union or national law, or completing front-end engineering design, or reaching final investment decision, or projects for which construction is on-going or show sufficient progress in their annual report required under Article 5, shall remain on the Union list and not be required to re-submit information pursuant to points (a) to (f) and of point 1. All recipients shall ensure the confidentiality of commercially sensitive information.

Added(3) The proposed electricity transmission and storage projects of common interest and projects of mutual interest falling under the energy infrastructure categories set out in point (1)(a), (b), (c), (d), (f), and (h) of Annex II to this Regulation, as relevant, shall be part of the latest available Union-wide ten-year network development plan for electricity, developed by the ENTSO for Electricity pursuant Article 30 of Regulation (EU) 2019/943. The proposed electricity transmission projects of common interest falling under the energy infrastructure categories set out in points (1)(b) and (h) of Annex II to this Regulation shall be consistent with the integrated offshore network development and grid reinforcements referred to in Article 15(2) of this Regulation.

Added(4) The proposed hydrogen projects of common interest and projects of mutual interest falling under the energy infrastructure categories set out in point (2) and (3) of Annex II to this Regulation shall be part of the latest available Union-wide ten-year network development plan for hydrogen, developed by the ENNOH pursuant to Article 60 of Regulation (EU) 2024/1789.

Added(4a) Following the adoption of the final list of proposed projects, the Group shall examine the unmatched needs pursuant to Article 13 for which eligible projects should be submitted as soon as possible for inclusion in the subsequent national development plans, the Union-wide ten-year network development plan and the Union list.

Added(5) By 30 June 2027 and subsequently for every Union-wide ten-year network development plan, the ENTSO for Electricity, and the ENNOH shall issue updated guidelines for inclusion of projects in their respective Union-wide ten-year network development plan, as referred to in points (3) and (4), in order to ensure equal treatment and the transparency of the process. For all the projects on the Union list in force at the time, the guidelines shall establish a simplified process of inclusion in the Union-wide ten-year network development plans taking into account the documentation and data already submitted during the previous Union-wide ten-year network development plan processes, provided that the documentation and data already submitted remains valid.

AddedThe ENTSO for Electricity, and the ENNOH shall consult the Commission and the Agency about their respective draft guidelines for inclusion of projects in the Union-wide ten-year network development plans and take due account of the Commission’s and the Agency’s recommendations before the publication of the final guidelines.

Added(6) The ENTSO for Electricity and the ENNOH shall provide information to the TEN-E Group as to how they applied the guidelines to evaluate inclusion in the Union-wide ten-year network development plans.

Added(7) Proposed carbon dioxide transport and storage projects falling under the energy infrastructure category set out in point (4) of Annex II shall be presented as part of a plan, developed by at least two Member States, for the development of cross-border carbon dioxide transport and storage infrastructure, to be presented by the Member States concerned or entities designated by those Member States to the Commission.

Added(8) For projects falling under their competence, the national regulatory authorities and, the Agency shall, taking into account regional cooperation pursuant to Article 80 of Directive (EU) 2024/1788 and Article 61 of Directive (EU) 2019/944, check the consistent application of the criteria and of the project-specific cost-benefit analysis methodology pursuant to Article 14 of this Regulation, and evaluate projects’ cross-border relevance and progress achieved for projects on the Union list, taking into account the reports submitted pursuant to Article 5(4) of this Regulation. They shall present their assessment to the Group. The Commission shall ensure that criteria and methodologies referred to in Article 4 of this Regulation and Annex IV are applied in a harmonised way to ensure consistency across the regional groups.

Added(9) For all projects not covered in point (8) of this Annex, the Commission shall evaluate the application of the criteria set out in Article 4 of this Regulation. The Commission shall also take into account the potential for future extension to include additional Member States. The Commission shall present its assessment to the Group. For projects applying for the status of project of mutual interest, third-country representatives and regulatory authorities shall be invited to the presentation of the assessment.

Added(10) Each Member State to whose territory a proposed project does not relate, but on which the proposed project may have a potential net positive or negative impact or a potential significant effect, such as on the environment or on the operation of the energy infrastructure on its territory, may present an opinion to the Group specifying its concerns.

Added(11) The Group shall examine, at the request of a Member State of the Group, the substantiated reasons presented by a Member State pursuant to Article 3(3) for not approving a project related to its territory.

Added(12) The Group shall consider whether the energy efficiency first principle is applied as regards the establishment of the regional infrastructure needs and as regards each of the candidate projects. The Group shall, in particular, consider solutions such as grid enhancing technologies, demand-side management, non-fossil flexibility, market arrangement solutions, implementation of digital solutions, and renovation of buildings as priority solutions where they are judged more cost-efficient on a system wide perspective than the construction of new supply side infrastructure.

Added(13) The Group shall meet to examine and rank the proposed projects based on a transparent assessment of the projects and using the criteria set out in Article 4 taking into account the assessment of the national regulatory authorities and of the Agency, or the assessment of the Commission for projects not falling within the competence of national regulatory authorities.

Added(14) The decision-making body of each Group shall adopt its final list of proposed projects at latest by two months before the adoption date of the Union list Article 22, respecting the provisions set out in Article 3(3), on the basis of the Groups’ proposal and taking into account the assessment of national regulatory authorities and the Agency and the assessment of the Commission for projects not falling within the competence of national regulatory authorities proposed in accordance with point (9), and the advice from the Commission that aims to ensure a manageable total number of projects on the Union list, especially at borders related to competing or potentially competing projects. The decision-making bodies of the Groups shall submit the final lists to the Commission, together with any opinions as specified in point (10).

Added(15) Where, on the basis of the draft lists, the total number of proposed projects on the Union list would exceed a manageable number, the Commission shall advise each Group concerned, not to include in the list projects that were ranked lowest by the Group concerned in accordance with the ranking established pursuant to Article 4(5).

Added(1) A project of common interest with a significant cross-border impact shall be a project on the territory of a Member State and shall fulfil the following conditions:

Added(a) for electricity transmission projects falling under point (1) (a), (b), (d), and (f) of Annex II , the project increases the net transfer capacity, at the border of that Member State with one or several other Member States by at least 200 Megawatts (MW) compared to the situation without commissioning of the project, including where such increase results from reinforcement of internal transmission infrastructure that demonstrably increases cross-border transfer capacity or alleviates structural congestion affecting cross-border electricity flows;

Added(b) for any equipment or installation projects falling under point (1) (e) of Annex II, they need to be deployed on existing critical network elements, as defined in Article 2, point (69), of Regulation (EU) 2019/943, be included as part of the measures defined in the risk preparedness plans established by Member States pursuant to the Risk Preparedness Regulation to address risks to energy security, and increase energy security in at least one additional Member State;

Added(c) for electricity storage projects falling under point (1) (c) of Annex II, the project provides at least 225 MW installed capacity or has a storage capacity that allows a net annual electricity generation of 250 GW-hours/year;

Added(d) for smart electricity grids projects falling under point (1) (g) of Annex II, the project is designed for equipment and installations at all voltage levels, and involves TSOs, TSOs and DSOs, or DSOs from at least two Member States. The project may involve only DSOs provided that they are from at least two Member States and provided that interoperability is ensured. The project shall satisfy at least two of the following criteria: it involves 50 000 users, generators, consumers or prosumers of electricity, it captures a consumption area of at least 300 GW hours/year, at least 20 % of the electricity consumption linked to the project originates from variable renewable resources, or it decreases energy isolation of non-interconnected systems in one or more Member States. The project does not need to involve a physical common border. For projects related to small isolated systems as defined in Article 2, point (42), of Directive (EU) 2019/944, including islands, those voltage levels shall be equal to the highest voltage level in the relevant electricity system;

Added(e) for hydrogen transmission the project increases existing cross-border hydrogen transport capacity at a border between two Member States by at least 10 % compared to the situation prior to the commissioning of the project, and the project sufficiently demonstrates that it is an essential part of a planned cross-border hydrogen network and provides sufficient proof of existing plans and cooperation with neighbouring countries and network operators or, for projects decreasing energy isolation of non-interconnected systems in one or more Member States, the project aims to supply, directly or indirectly, at least two Member States;

Added(f) for hydrogen storage or hydrogen reception facilities referred to in point (2) of Annex II, the project aims to supply, directly or indirectly, at least two Member States;

Added(g) for electrolysers, the project provides at least 500 MW installed capacity provided by a single electrolyser or by a set of electrolysers that form a single coordinated project and brings benefits directly or indirectly to at least two Member States;

Added(h) for offshore renewable electricity transmission, the project is designed to transfer electricity from offshore generation sites with capacity of at least 500 MW and allows for electricity transmission to onshore grid of a specific Member State, increasing the volume of renewable electricity available on the internal market. The project shall be developed in particular in the areas with low penetration of offshore renewable electricity and other areas and shall demonstrate a significant positive impact on the Union’s targets for energy and climate and its 2050 climate neutrality objective;

Added(i) for carbon dioxide projects, the project is used to transport and, where applicable, store anthropogenic carbon dioxide originating from at least two Member States.

Added(2) A project of mutual interest with significant cross-border impact shall fulfil the following conditions:

Added(a) for projects of mutual interest relating to the category set out in point (1)(a), (c), (g), (d), and (h) of Annex II, the project increases the net transfer capacity at the border of that Member State with a third country and brings significant benefits to at least two countries directly or indirectly concerned by the project;

Added(b) for projects of mutual interest in the category set out in point (2) (a) of Annex II, the hydrogen project enables the transmission of hydrogen across the border of a Member State with a third country and proves bringing significant benefits to at least two countries directly or indirectly concerned by the project;

Added(c) for projects of mutual interest in the category set out in point (4) of Annex II, the project can be used to transport and store anthropogenic carbon dioxide by at least two Member States and a third country.

Added(3) Concerning projects falling under the energy infrastructure categories set out in point (1)(a), (b), (c), (d), (f) and (h) of Annex II, the criteria listed in Article 4 shall be evaluated as follows:

Added(a) transmission of renewable and low-carbon energy generation to major consumption centres and storage sites, measured in line with the analysis made in the latest available Union-wide ten-year network development plan in electricity, in particular by:

Added(i) for electricity transmission set out in point (1)(a), (b), (d), (f) and (h) of Annex II, estimating the amount of generation capacity from renewable energy sources (by technology, in MW), which is connected and transmitted due to the project, compared to the amount of planned total generation capacity from those types of renewable energy sources in the Member State concerned according to the National Energy and Climate Plans submitted by Member States in accordance with Regulation (EU) 2018/1999;

Added(ii) or energy storage set out in point (1)(c) of Annex II, comparing new capacity provided by the project with total existing capacity for the same storage technology in the area of analysis as set out in Annex V including in particular its contribution to:

Added(a) the integration of renewable electricity and reduction of curtailment;

Added(b) system adequacy and resilience across relevant time horizons, and

Added(c) congestion relief and system flexibility, taking into account both installed capacity (MW) and storage capability (MWh/GWh) and discharge duration;

Added(b) market integration, competition and system flexibility, measured in line with the analysis made in the latest available Union-wide ten-year network development plan in electricity, in particular by:

Added(i) calculating, for cross-border projects, including reinvestment projects, the impact on the grid transfer capability in both power flow directions, measured in terms of amount of power (in MW), and their contribution to reaching the interconnection target, and for projects with significant cross-border impact, the impact on grid transfer capability at borders between relevant Member States, between relevant Member States and third country or within relevant Member States and on demand-supply balancing and network operations in relevant Member States;

Added(ii) assessing the impact, for the area of analysis as set out in Annex V, in terms of energy system-wide generation and transmission costs and evolution and convergence of market prices, including the reduction of persistent price divergences between bidding zones caused by structural network congestion, provided by a project under various planning scenarios, in particular taking into account the variations induced on the merit order;

Added(c) security of supply, interoperability and secure system operation, measured in line with the analysis made in the latest available Union-wide ten-year network development plan in electricity, in particular by assessing the impact of the project on the loss of load expectation for the area of analysis as set out in Annex V in terms of generation and transmission adequacy for a set of characteristic load periods, taking into account expected changes in climate-related extreme weather events and their impact on infrastructure resilience. Where applicable, the impact of the project on independent and reliable control of system operation and services shall be measured.

Added(4) Concerning projects falling under the energy infrastructure category set out in point (1)(g) of Annex II, the criteria listed in Article 4 shall be evaluated as follows:

Added(a) the level of sustainability, measured by assessing the extent of the ability of the grids to connect and transport variable renewable energy;

Added(b) security of supply, measured by the availability of network components (related to planned and unplanned maintenance) and its impact on network performances, and on the duration and frequency of interruptions, including climate related disruptions;

Added(c) market integration, measured by assessing the innovative uptake in system operation, the decrease of energy isolation and interconnection, as well as the level of integrating other sectors and facilitating new business models and market structures;

Added(d) network security, flexibility and quality of supply, measured by assessing the innovative approach to system flexibility, cybersecurity, efficient operability between TSO and DSO level, the capacity to include demand response, storage, energy efficiency measures, the cost-efficient use of digital tools and ICT for monitoring and control purposes, the stability of the electricity system and the voltage quality performance.

Added(e) level of efficiency as measured by assessing the level of losses in distribution and transmission networks and the percentage utilisation (i.e. average loading) of electricity network components.

Added(5) Concerning projects falling under the energy infrastructure category set out in point (1)(e) of Annex II, the criteria listed in Article 4 shall be evaluated as follows:

Added(a) security of supply, measured by the percentage utilisation (i.e. average loading) of electricity network components; the availability of network components and its impact on network performances; the duration and frequency of interruptions, including climate related disruptions;

Added(b) network security, measured by assessing the ability to prevent significant incidents through physical and cybersecurity measures;